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

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

Vol. 148 WASHINGTON, THURSDAY, NOVEMBER 14, 2002 No. 147 House of Representatives The House met at 1 p.m. ‘‘unless the Lord guard the city in vain and lead the House in the Pledge of Al- The Chaplain, the Reverend Daniel P. does the watchman keep vigil’’ . legiance. Coughlin, offered the following prayer: Shower upon this Nation Your loving Mr. ARMEY led the Pledge of Alle- Lord, our Protector and our Shield, care now and forever. giance as follows: wrap the Members of Congress in Your Amen. mantle of justice. Guide them in their f I pledge allegiance to the Flag of the judgments and in all their ways. United States of America, and to the Repub- One of the great tasks You lay upon THE JOURNAL lic for which it stands, one nation under God, this body is ‘‘to provide for the com- The SPEAKER. The Chair has exam- indivisible, with liberty and justice for all. mon defense and the general welfare of ined the Journal of the last day’s pro- the United States.’’ ceedings and announces to the House f Knowing this is an awesome responsi- his approval thereof. bility, be a buttress to their efforts to Pursuant to clause 1, rule I, the Jour- MESSAGE FROM THE SENATE secure this Nation in peace and protect nal stands approved. A message from the Senate by Mr. its people and institutions from all f harm. Monahan, one of its clerks, announced In and with all efforts to be ever vigi- PLEDGE OF ALLEGIANCE that the Senate has passed without lant and prepared, we know it is ‘‘in The SPEAKER. Will the gentleman amendment bills of the House of the You we are to place all our trust;’’ for from Texas (Mr. ARMEY) come forward following titles:

NOTICE If the 107th Congress, 2d Session, adjourns sine die on or before November 22, 2002, a final issue of the Congres- sional Record for the 107th Congress, 2d Session, will be published on Monday, December 16, 2002, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 13. The final issue will be dated Monday, December 16, 2002, and will be delivered on Tuesday, December 17, 2002. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. MARK DAYTON, Chairman.

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

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VerDate 0ct 31 2002 04:08 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 8633 E:\CR\FM\A14NO7.000 H14PT1 H8736 CONGRESSIONAL RECORD — HOUSE November 14, 2002 H.R. 3340. An act to amend title 5, United ANNOUNCEMENT BY THE SPEAKER be considered to have satisfied the require- States Code, to allow certain catch-up con- ments applicable to adopted children under tributions to the Thrift Savings Plan to be The SPEAKER. The Chair will enter- section 101(b)(1) of such Act. made by participants age 50 or over; to reau- tain one-minute speeches today at the Mr. MCCRERY. Mr. Speaker, I rise today in thorize the Merit Systems Protection Board end of legislative business. support of H.R. 3758, a private bill for the re- and the Office of Special Counsel; and for f other purposes. lief of So Hyun Jun (So Young June). This is H.R. 5349. An act to facilitate the use of a PRIVATE CALENDAR a no-cost, no-controversy bill that will provide portion of the former O’Reilly General Hos- The SPEAKER pro tempore (Mr. DAN needed relief to my constituents John and Ok pital in Springfield, Missouri, by the local MILLER of Florida). Pursuant to the Sun Thornton of Leesville, Louisiana who Boys and Girls Club through the release of order of the House of Wednesday, No- adopted So Hyun in 2001. the reversionary interest and other interests So Hyun was born in South Korea on Sep- retained by the United States in 1955 when vember 13, 2002, the Private Calendar the land was conveyed to the State of Mis- will now be called. tember 16, 1984 to Mrs. Thornton’s sister. A souri. The Clerk will call the first indi- car accident in 1999 left her parents incapable The message also announced that the vidual bill on the Private Calendar. of caring for her. At that time, Mrs. Thornton and her husband were contacted about the Senate has passed with an amendment f possibility of taking custody of So Hyun. While in which the concurrence of the House NANCY B. WILSON is requested, bills of the House of the visiting her family in Korea, Mrs. Thornton had following titles: The Clerk called the bill (H.R. 392) occasion to see first-hand the hardships suf- for the relief of Nancy B. Wilson. fered by her niece. The Thorntons immediately H.R. 3609. An act to amend title 49, United agreed to bring her to the United States. States Code, to enhance the security and Mr. COBLE. Mr. Speaker, I ask unan- safety of pipelines. imous consent that the bill be passed In February 2000, So Hyun arrived in Lou- H.R. 3833. An act to facilitate the creation over without prejudice. isiana to live with her aunt and uncle. Mrs. of a new, second-level Internet domain with- The SPEAKER pro tempore. Is there Thornton traveled with So Hyun back to Korea in the United States country code domain objection to the request of the gen- during the summer of 2000 to collect her birth that will be a haven for material that pro- tleman from North Carolina? certificate and other important papers. It was motes positive experiences for children and There was no objection. during this trip that Mrs. Thornton’s sister and families using the Internet, provides a safe her husband agreed to relinquish their paren- online environment for children, and helps to f tal rights, thus giving full custody to Mr. and prevent children from being exposed to SO HYUN JUN harmful material on the Internet, and for Mrs. Thornton. Formal adoption proceedings other purposes. The Clerk called the bill (H.R. 3758) were begun in August of 2000 and finalized in H.R. 4073. An act to amend the Microenter- for the relief of So Hyun Jun. Louisiana State Court on March 6, 2001. prise for Self-Reliance Act of 2000 and the There being no objection, the Clerk The Thorntons were careful to work with the Foreign Assistance Act of 1961 to increase as- read the bill as follows: Immigration and Naturalization Service (INS) sistance for the poorest people in developing H.R. 3758 to ensure that So Hyun’s move to the United countries under microenterprise assistance programs under those Acts, and for other Be it enacted by the Senate and House of Rep- States went smoothly. Mr. Thornton contacted purposes. resentatives of the United States of America in the INS a month prior to So Hyun’s arrival to Congress assembled, The message also announced that the inquire about the procedure for bringing her to Senate has passed bills of the following SECTION 1. IMMEDIATE RELATIVE STATUS FOR the United States. He was told the best meth- SO HYUN JUN. od would be to bring her over on a tourist visa titles in which the concurrence of the (a) IN GENERAL.—So Hyun Jun shall be House is requested: and then file the necessary forms to complete classified as a child under section 101(b)(1)(F) the adoption process. During this time, Mr. of the Immigration and Nationality Act for S. 958. An act to provide for the use and Thornton was misinformed three times about distribution of the funds awarded to the purposes of approval of a relative visa peti- Western Shoshone identifiable group under tion filed under section 204 of such Act by the correct form to complete. In January of Indian Claims Commission Docket Numbers her adoptive parent and the filing of an ap- 2001, Mr. Thornton once again called the INS 326–A–1, 326–A–3, 326–K, and for other pur- plication for an immigrant visa or adjust- Service Center with a question about the imposes. ment of status. migration forms, as So Hyun’s visa was soon S. 2845. An act to extend for one year pro- (b) ADJUSTMENT OF STATUS.—If So Hyun expiring. He was told that there was no need cedural relief provided under the USA PA- Jun enters the United States before the fil- to renew the visa since they were adopting the TRIOT Act for individuals who were or are ing deadline specified in subsection (c), she child. However, upon the adoption’s finaliza- shall be considered to have entered and re- victims or survivors of victims of a terrorist tion, the INS Adjudication Office informed the attack on the United States on September mained lawfully and shall, if otherwise eligi- 11, 2001. ble, be eligible for adjustment of status Thorntons that So Hyun’s visa could not be re- S. 3044. An act to authorize the Court Serv- under section 245 of the Immigration and Na- newed, nor could she qualify for permanent ices and Offender Supervision Agency of the tionality Act as of the date of the enactment resident status, as her adoption was not final- District of Columbia to provide for the inter- of this Act. ized by her sixteenth birthday. She missed state supervision of offenders on parole, pro- (c) DEADLINE FOR APPLICATION AND PAY- that deadline by only seven months. And this bation, and supervised release. MENT OF FEES.—Subsections (a) and (b) shall comment from the INS was the very first men- S. 3067. An act to amend title 44, United apply only if the petition and the application tion of an age requirement. States Code, to extend certain Government for issuance of an immigrant visa or the ap- information security reform for one year, plication for adjustment of status are filed While the Immigration and Naturalization and for other purposes. with appropriate fees within 2 years after the Service may not extend permanent resident status to Miss Jun, she is eligible for private The message also announced that the date of the enactment of this Act. (d) REDUCTION OF IMMIGRANT VISA NUM- relief because her adoption was begun before Senate agreed to the report of the com- BER.—Upon the granting of an immigrant she turned sixteen. Without this relief, Miss mittee of conference on the disagreeing visa or permanent residence to So Hyun Jun, Jun risks deportation to Korea where no one votes of the two Houses on the amend- the Secretary of State shall instruct the is legally bound to care for her. Private relief ment of the House to the bill (S. 1214) proper officer to reduce by 1, for the current is needed to help this adopted girl remain in ‘‘An Act to amend the Merchant Ma- or next following fiscal year, the worldwide the United States with her new family. rine Act, 1936, to establish a program level of family-sponsored immigrants under to ensure greater security for United section 201(c)(1)(A) of the Immigration and I want to thank Chairmen SENSENBRENNER States seaports, and for other pur- Nationality Act. and GEKAS along with Ranking Members JOHN (e) DENIAL OF PREFERENTIAL IMMIGRATION poses.’’. CONYERS and SHEILA JACKSON-LEE for their TREATMENT FOR CERTAIN RELATIVES.—The assistance in securing passage of H.R. 3758. f natural parents, brothers, and sisters of So I hope the Senate will follow the House’s lead Hyun Jun shall not, by virtue of such rela- today by passing this private relief bill before ANNOUNCEMENT BY THE SPEAKER tionship, be accorded any right, privilege, or status under the Immigration and Nation- the end of the 107th Congress. The SPEAKER. The Chair wants to ality Act. The bill was ordered to be engrossed thank the gentleman from Texas (Mr. SEC. 2. ELIGIBILITY FOR CITIZENSHIP. and read a third time, was read the ARMEY), who is retiring as of today, for For purposes of section 320 of the Immigra- third time, and passed, and a motion to his great service. tion and Nationality Act, So Hyun Jun shall reconsider was laid on the table.

VerDate 0ct 31 2002 04:08 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.002 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8737 The SPEAKER pro tempore. This Ports of Long Beach and Los Angeles, Mr. HASTINGS of Florida. Mr. concludes the call of the Private Cal- which are even larger than the ones in Speaker, I yield myself such time as I endar. Florida I should add. The gentleman may consume. Mr. Speaker, I thank the chairman of f from Florida (Mr. DIAZ-BALART) represents the Port of Miami and Port Ev- the Committee on Rules for yielding WAIVING POINTS OF ORDER erglades. Thousands of passenger and me time and I thank my colleague and AGAINST CONFERENCE REPORT container ships pass through these neighbor from Florida for his com- ON S. 1214, MARITIME TRANSPOR- ports every year. Industries from retail ments. TATION SECURITY ACT OF 2002 sales to the airline industries are ef- Mr. Speaker, this important legisla- Mr. DREIER. Mr. Speaker, by direc- fected by the business that is done at tion helps ensure the security of our Nation’s ports by establishing a com- tion of the Committee on Rules, I call these ports in both my State and in the prehensive national antiterrorism sys- up House Resolution 605 and ask for its State of Florida and around the coun- tem to reduce the vulnerability of immediate consideration. try. ports and waterways against a terrorist The Clerk read the resolution, as fol- We must ensure that these ports are not only safeguarded from being used attack and a transportation security lows: incident. Additionally, the conference H. RES. 605 as a point of entry for dangerous elements, but also to protect them from report authorizes funding for these new Resolved, That upon adoption of this reso- antiterrorism fighting provisions as an attack that could be devastating to lution it shall be in order to consider the well as the planning and implementa- our economy. The Port of Miami’s im- conference report to accompany the bill (S. tion of security plans and response ef- pact on Miami-Dade County is esti- 1214) to amend the Merchant Marine Act, forts at all of our Nation’s ports. 1936, to establish a program to ensure great- mated at more than $8 billion and It authorizes additional funding to er security for United States seaports, and 45,000 jobs. In fiscal year 2001, the vol- for other purposes. All points of order the Coast Guard which is much needed, ume of cargo moving through the Port and it establishes a nationwide secu- against the conference report and against its of Miami exceeded 8.2 million tons. consideration are waived. The conference re- rity ID program for all U.S. ports. Per- port shall be considered as read. Port Everglades’ volume of business is haps most importantly, the report out- equally impressive. In 2001, Port Ever- lines the responsibilities of various The SPEAKER pro tempore. The gen- glades was host to over 3 million cruise tleman from California (Mr. DREIER) is Federal agencies, local law enforce- passengers. ment, and private companies in the recognized for 1 hour. Our Nation’s ports are significant Mr. DREIER. Mr. Speaker, for the day-to-day security operations of ports partners in the U.S. economy and we in the case of any unforeseen event. purpose of debate only, I yield the cus- must employ every conceivable option tomary 30 minutes to my colleague, to protect them. This conference report b 1315 the gentleman from Florida (Mr. will work to this end by requiring the Following September 11, as a member HASTINGS), pending which I yield my- Coast Guard to conduct vulnerability of the Permanent Select Committee on self such time as I may consume. assessments of our ports, authorizing Intelligence and Committee on Rules, I Mr. Speaker, it was my hope, I had grants to help with port security up- was and remain an outspoken critic of actually assigned this rule for manage- grades around the country, and by as- the lack of coordination between Fed- ment to my colleague from Florida sessing the security systems of certain eral agencies in times of crises. I am (Mr. DIAZ-BALART), and I have his pre- foreign ports that do business with the happy to see that the conference had pared statement here, and I will go United States. the foresight and wherewithal to pro- through his prepared statement, Mr. Additionally, this legislation author- vide guidance to the many agencies af- Speaker. I love Florida, and it is a izes $6 billion for the Coast Guard in fected by increased port security. Per- great spot. My family actually has a fiscal year 2003, including $550 million haps our airports and the Transpor- home there, but I am a Californian; so in additional resources to address long- tation Security Administration could I am just offering that as a bit of a standing budget shortfalls. The Coast learn a few things from this report. warning as I proceed with the state- Guard is charged with the tremendous Mr. Speaker, it is fitting that I find myself managing this rule with the ment of the gentleman from Florida’s duty of protecting our 95,000 miles of gentleman from Florida (Mr. DIAZ- (Mr. DIAZ-BALART). coastline. This legislation very appro- BALART). I think the gentleman would During the consideration of the reso- priately addresses this reality. agree that there is no region in the lution, all time yielded will be for the I would like to thank the gentleman country that is home to three major purpose of debate only. from Alaska (Mr. YOUNG) and the rank- international ports in such close prox- (Mr. DREIER asked and was given ing minority member, the gentleman imity as South Florida. And the rest of permission to revise and extend his re- from Minnesota (Mr. OBERSTAR), as marks.) Florida, if we take into consideration well as the subcommittee chairman, the Tampa Bay area, the Pensacola Mr. DREIER. Mr. Speaker, House the gentleman from New Jersey (Mr. Resolution 605 is a standard rule Bay area, Jacksonville and Port Canav- LOBIONDO), for their work on this very eral, then Florida obviously is critical waiving all points of order against the important issue. This is truly a bipar- conference report to accompany the when it comes to port security. tisan piece of legislation. In fact, every Further, there are no ports that have Maritime Transportation Security Act member of the conference committee done more security improvements in of 2002 and against its consideration. has signed the report. the last 18 months than Port Ever- The underlying legislation is yet an- The conference report and the fair glades, the Port of Palm Beach and the other integral part of our coordinated rule providing for its consideration de- Port of Miami, all three of which are effort to provide the most effective and serve our support, and I would urge my located in the counties the gentleman comprehensive homeland security plan colleagues to do this. from Florida (Mr. DIAZ-BALART) and I possible. We are working to protect our Mr. Speaker, I yield control of the represent. citizens at home and abroad, we are balance of my time to the gentleman While the underlying report is good, working to protect our vital infrastruc- from Miami (Mr. DIAZ-BALART), who it would be irresponsible of me to con- ture, both physical and electronic, and has arrived, and I know that he could tinue without noting two of the major we are working to improve our eco- have commented on Florida in a much flaws I believe still exist in the legisla- nomic security. Today we will vote to better way than I, but I struggled to tion. protect our Nation’s ports. get through representation of his State First, ports who had planned for or Our maritime industry, including if only on a temporary basis. implemented new security measures hundreds of ports nationwide, contrib- The SPEAKER pro tempore. Without prior to September 11, 2001, that bring utes $742 billion to the gross domestic objection, the gentleman from Florida the port into compliance with provi- product each year. The State of Florida will control the time. sions of S. 1214 should be able to be re- has some of the largest ports in the There was no objection. imbursed for their expenses. The under- country, and I should say I represent Mr. DIAZ-BALART. Mr. Speaker, I lying report does not allow for this to the Los Angeles area, which has the reserve the balance of my time. occur.

VerDate 0ct 31 2002 04:08 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.003 H14PT1 H8738 CONGRESSIONAL RECORD — HOUSE November 14, 2002 Case in point, Port Everglades. As revisiting these issues that are critical The previous question was ordered. one of the largest cruise ships and con- to our Nation’s security. The resolution was agreed to. tainer ports in the Nation, Port Ever- Mr. Speaker, I reserve the balance of The motion to reconsider was laid on glades recognized the need to improve my time. the table. Mr. DIAZ-BALART. Mr. Speaker, I its security long before September 11, f 2001. Nearly 2 years ago, the port in- yield myself such time as I may con- vested millions of dollars into estab- sume. WAIVING POINTS OF ORDER lishing a new security plan. In fact, in Mr. Speaker, I thank the gentleman AGAINST CONFERENCE REPORT June of 1999, the Presidential Commis- from Florida (Mr. HASTINGS) as well as ON H.R. 3210, TERRORISM RISK sion on Seaport Crime and Security the gentleman from California (Mr. PROTECTION ACT visited Port Everglades and recognized DREIER) for having initiated this dis- Mr. SESSION. Mr. Speaker, by direc- many of the port’s ‘‘best practices’’ as cussion today on this very important tion of the Committee on Rules, I call examples for ports throughout the rule. up House Resolution 607 and ask for its I think it is important that we real- country to follow. immediate consideration. ize that the conference report before us Prior to September 11, the Port Ever- The Clerk read the resolution, as fol- is a very important piece of legislation. glades security improvement plan was lows: to be implemented over several years. I know of few pieces of legislation that have ever been flawless that I have H. RES. 607 However, in response to September 11, Resolved, That upon adoption of this reso- Broward County, Florida, made secu- voted on, and so I would simply tell my friend that perhaps this piece of legis- lution it shall be in order to consider the rity at Port Everglades its top priority. lation could be improved as well, as conference report to accompany the bill The County is committed to spending (H.R. 3210) to ensure the continued financial any human endeavor, because I have more than $25 million for security im- capacity of insurers to provide coverage for seen some things that are perfectible provements at the port in fiscal year risks from terrorism. All points of order but very few that are perfect. against the conference report and against its 2003 alone, and the Ports of Palm Mr. HASTINGS of Florida. Mr. Beach and Miami have similar invest- consideration are waived. The conference re- Speaker, will the gentleman yield? port shall be considered as read. ments in progress. Mr. DIAZ-BALART. I yield to the Under the report, Port Everglades The SPEAKER pro tempore (Mr. DAN gentleman from Florida. MILLER of Florida). The gentleman will be able to be reimbursed for the se- Mr. HASTINGS of Florida. Mr. from Texas (Mr. SESSIONS) is recog- curity improvements it has made since Speaker, would the gentleman from September 11, as well as those it will nized for 1 hour. Florida agree that Port Everglades and Mr. SESSIONS. Mr. Speaker, for the make in the following year. However, I Port Miami are deserving of consider- purpose of debate only, I yield the cus- am appalled that Port Everglades, as ation? tomary 30 minutes to the gentleman well as the Ports of Palm Beach and Mr. DIAZ-BALART. Of course. Miami, will not be eligible to be reim- Mr. HASTINGS of Florida. And that from Massachusetts (Mr. MCGOVERN), bursed for the planning and implemen- the funding level, although we have pending which I yield myself such time tation of various security improve- problems in the Nation, may not be as I may consume. During consider- ments that they made prior to Sep- enough to cover the ports of the United ation of this resolution, all time yield- tember 11, 2001. South Florida’s three States? ed is for the purpose of debate only. major ports and some others around Mr. DIAZ-BALART. Mr. Speaker, I Mr. Speaker, the resolution is the the Nation were ahead of the game and would agree with the gentleman. In the standard rule for consideration of con- made security improvements 18 months House bill before it went to conference ference reports and waives all points of ago that Congress is just now getting we had a provision for reimbursement order against consideration of the con- around to requiring today. for ports for acts taken for security ference report. Specifically, Port Everglades is an after September 11, and in the Senate Mr. Speaker, on September 11, 2001, example of the intuitive thinking that there was no such provision. The inclu- the collective memories of Americans ports should have been doing a long sion of the House provision is some- were altered forever. The terrorist at- time ago, and to penalize it for being thing we should commend. We should tacks resulted in an incalculable loss, ahead of the game is just plain wrong. keep in mind there are important pro- both in loss of life and the destruction Additionally, Mr. Speaker, I have visions in this legislation which I think of buildings and businesses. major reservations about the level of make it not only a conference report While America has begun its recov- funding authorized in the report. Clear- that we should support but that we ery and is healing from last September, ly, the amount authorized is not should support with pride and enthu- we must be mindful of the threat that enough to meet the security needs of siasm. continues to exist. Just yesterday, our our Nation’s ports. In the next 18 I thank the conferees and all of the intelligence officials indicated that months, South Florida’s three inter- Members who have worked so hard to terrorist groups may be planning a new national ports will spend more than $60 bring this important piece of legisla- wave of attacks against our homeland. million on security improvements. tion forward, specifically the gen- Exposure to terrorism is not only a Under the 50/50 or 75/25 cost-sharing tleman from Alaska (Mr. YOUNG) and threat to our national security but is agreements laid out in the report, Port the gentleman from Minnesota (Mr. also a threat to the U.S. and the global Everglades, Port Palm Beach and Port OBERSTAR), as well as the sub- economy. of Miami could easily command nearly committee chairman, the gentleman There is no doubt that these terrorist half of the total amount authorized in from New Jersey (Mr. LOBIONDO) for attacks have resulted in the most cost- this legislation. their work on this critical issue of port ly, catastrophic loss in the history of Realistically, the $75 million author- security. This is a fundamental aspect property and casualty insurance. How- ized in the report just is not enough to of national security, of homeland secu- ever, the ripple effects of the attacks fund security improvements for all rity, to improve the protections for our continues to last and will linger on. U.S. ports. I encourage my colleagues ports that are obviously so important The shortage of terrorism insurance on the Committee on Appropriations to to our economy. has left any number of our hospitals, consider this reality when appro- Mr. Speaker, with that of mind, cog- stadiums, shopping malls, apartments, priating funds over the next 6 years. nizant of the importance of the under- and office buildings either with astro- In the end, Mr. Speaker, this rule is lying legislation and the fairness of nomical rates for insurance or none at typical of one for a conference report, this rule, I urge my colleagues to sup- all. and I will be supporting it. Addition- port the rule and the underlying legis- It goes without saying that the at- ally, I will also be supporting the un- lation. tacks have been a real threat not only derlying conference report. I urge my Mr. DIAZ-BALART. Mr. Speaker, I to our homeland but also to our eco- colleagues to do the same, but, as I pre- yield back the balance of my time, and nomic security. The United States viously mentioned, the report has flaws I move the previous question on the Chamber of Commerce estimates that and Congress must remain intent on resolution. the economy has suffered a loss of

VerDate 0ct 31 2002 04:08 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.006 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8739 more than $15 billion and 300,000 jobs in to 40 percent of the award to the plain- is now indicating that the President the construction industry alone. tiff’s lawyers. will sign the bill into law. Mr. Speaker, insurance has been de- The 1993 World Trade Center bomb- My concern is with the unnecessary scribed as the glue which holds our ing, which killed six people, resulted in delay here. This bill should have been economy together. Without reinsur- 500 lawsuits by 700 individuals, busi- completed last year. Without the tort ance for the risk of terrorism, some in- nesses and insurance companies. Mr. language in the original House-passed surance companies have been forced to Speaker, it has now been 8 years and bill, a conference report could have specifically exclude it from their fu- the cases are only now just getting to been easily agreed to and, with hard ture policies. Without this terrorism the trial stage, where hundreds of work, this bill might have been signed coverage, lenders are unlikely to un- plaintiffs have yet to even receive one into law before the first of the year. By derwrite loans for major projects. This cent of compensation. Mr. Speaker, making this a political process rather sequence of events could result in dan- this is not a circumstance or a situa- than the truly bipartisan process it gerous disruptions to the marketplace tion that we want to repeat. should have been and it started out to and further hurt our economy. Though this bill does not solve the be, the majority showed us that they In April of this year, a Washington woes of our legal system, it does take will bend over backward for special in- Post article cited two real-life exam- the first solid steps towards reform. By terests, especially before an election. ples. One, J.W. ‘‘Bill’’ Marriott, chair- providing reasonable reforms, victims Thankfully the other body was able to man and chief executive officer of Mar- of terrorism will more quickly and eq- stand up to these special interests and, riott International, said that although uitably receive compensation while a year later, the result is a good bipar- the hotel company remained insured also reducing the substantial uncer- tisan bill. for terrorism, he was expecting a 300 tainty facing the insurance industry Mr. Speaker, I support this rule and I percent increase in premiums when it when pricing terrorism risk. support this conference report which, had to renew its new policies. Mr. Speaker, I would like to take a as I said in the beginning, represents a Another example was from Baylor moment to commend the conferees who bipartisan compromise. I would urge University, which is located in Waco, have labored to produce this fine work. my colleagues to support the rule and Texas. According to David Brooks, vice I would also like to recognize the lead- support the conference report. president for finance and administra- ership of the gentleman from Ohio (Mr. Mr. Speaker, I reserve the balance of tion at Baylor University, the Univer- OXLEY), who has been so instrumental my time. sity had to go to 23 insurance compa- in the success of this critically impor- Mr. SESSIONS. Mr. Speaker, I yield nies searching for terrorism coverage. tant bill. Mr. Speaker, I urge my col- such time as he may consume to the These snapshots from around the leagues to support me in not only sup- gentleman from Ohio (Mr. OXLEY), the country form a composite picture of a porting this rule but also the under- chairman of the Committee on Finan- dire situation that requires action lying legislation. cial Services. from this body, the United States Con- Mr. Speaker, I reserve the balance of (Mr. OXLEY asked and was given gress. my time. permission to revise and extend his re- Heeding President Bush’s call for Mr. MCGOVERN. Mr. Speaker, I want marks.) Congress to act, the House passed H.R. to thank my colleague from Texas for Mr. OXLEY. Mr. Speaker, let me 3210, the Terrorism Risk Protection yielding me the customary 30 minutes begin by thanking the gentleman from Act, shortly after the September 11, and I yield myself such time as I may Texas for his usual excellent work as a 2001, attacks. The Terrorism Risk Pro- consume. member of the Committee on Rules tection Act provides a Federal back- Mr. Speaker, the tragic events of that handles legislation coming from stop for financial losses in the event of September 11, 2001, will remain fresh in the Committee on Financial Services. I future terrorism attacks. our minds for years to come. The do rise in support of the rule. The ef- shroud of terrorism continues to sur- forts that the committee and the en- b 1330 round us and terrorists around the tire Congress made in antiterrorism This bill establishes a system of world continue to regroup, plan and legislation clearly is one of the most shared public/private compensation for carry out attacks on innocent civil- important bills that will pass the Con- insured losses resulting from acts of ians. The economic consequences of an- gress this year. terrorism to protect consumers and other terrorist attack on the United It is no secret that after 9/11, the re- create a transitional period for the pri- States are real and, without proper insurance industry, which is mostly vate insurance markets to stabilize. preparation, could be economically offshore, indicated they would no The Federal backstop is triggered devastating. longer write terrorism insurance. Since when the Secretary of the Treasury de- After September 11, there was no they are the insurers of the insurers, it termines that an act of terrorism has question whether the insurance indus- meant that the domestic-based insur- occurred with losses in excess of $5 mil- try needed financial backing in case of ance companies were unable to spread lion. The Federal Government would another terrorist attack on the United their risk and as a result we have a cri- pay 90 percent of the insured losses States. We all agreed that another at- sis in insurance coverage for terrorism. that exceeded the insured deduct- tack could potentially cripple the That crisis has evidenced itself in ibility, which increases each year of American economy. In response, the many ways, not the least of which is a the program, up to $100 billion each Committee on Financial Services pro- recent study that indicated over $15 year. duced a truly bipartisan bill that was billion in valuable projects are on hold, The conference report provides for approved unanimously by the full com- not going forward, because of the lack full payback protection for the Amer- mittee. It was not perfect, there were of terrorism insurance; and because ican taxpayer by guaranteeing that the real disagreements over specific provi- they cannot get terrorism insurance, first 10- to $15 billion in losses would be sions in the original risk insurance they cannot get lending for those paid by the insurance marketplace. bill, but it was a good start. projects. The Secretary would retain the author- Unfortunately, Mr. Speaker, the ma- We are not just talking, Mr. Speaker, ity to fully recoup any additional costs jority leadership decided it had to med- about New York City. I was recently in as necessary. dle in the process and inserted lan- Chicago. There is a major project going Mr. Speaker, as my colleagues are guage drastically changing the tort on in Chicago that is simply now just a fully aware, much of the recent atten- system in this country. The original hole in the ground that will employ tion has been focused on the tort provi- bill was made worse and in the process several hundred people. The President sions in this bill. The Joint Economic bipartisanship was thrown aside. has indicated that their studies indi- Committee released a study this May Mr. Speaker, this conference gets us cate some 300,000 jobs are at stake in that estimated that lawsuits stemming back to the land of bipartisanship. All the construction industry, the realtors, from the September 11 attacks were al- the Democratic conferees signed the lenders and the like. So in many, many ready estimated to cost as much as $20 conference report and, after initially ways this is an economic issue and a billion. These lawsuits typically pay 33 threatening to veto it, the White House jobs issue. That is why the President

VerDate 0ct 31 2002 04:08 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.009 H14PT1 H8740 CONGRESSIONAL RECORD — HOUSE November 14, 2002 has been so outspoken in virtually of terrorist attacks the ability to en- tion of more than $15.5 billion worth of every opportunity that he has had ask- force court judgments against terror- new commercial building projects just ing the Congress for this important ists’ assets. in the past few months. The Federal legislation. I suspect that the Presi- Finally, while I would note that the Reserve, in fact, Chairman Greenspan dent has mentioned this issue perhaps legal protections may not be as strong recently said that as a result of ter- more than any other issue in my mem- as I or others would desire, they are all rorist insurance coverage not being ory and about the only time that he improvements over existing law and provided, not being available, it is pro- did not make a public statement about are very similar to those strongly ap- ducing as much as a 1 percent drag on terrorism insurance was at the United proved in the Committee on Financial our gross domestic product. Services over 1 year ago. Nations. But overall this issue, this b 1345 crisis in insurance coverage, has been a Mr. Speaker, this conference report major factor, I suggest, in the slow- is timely and critical for America. We We talk about percentages of 1 per- down of the economy. need it to protect jobs, protect our cent. We talk about figures of $20 or $15 The Secretary of the Treasury was economy and protect the American billion. What we are really talking quoted as saying that it could very people against future terrorist attacks. about here is layoffs. We are talking well knock 1 percent off our gross do- I urge all of our colleagues and friends about construction workers not work- mestic product. That is a significant to support the rule. ing. We are talking about buildings not amount. We are fortunate today be- Mr. SESSIONS. Mr. Speaker, I yield 7 being built. We are talking about em- cause we stand on the threshold of minutes to the gentleman from Ala- ployees who work for companies that passing this important legislation that bama (Mr. BACHUS), the chairman of supply the office furniture for those the President will willingly and gladly the Subcommittee on Financial Insti- buildings, who supply the goods that sign. tutions and Consumer Credit. were to be sold in those buildings, the Let me just talk about the key ele- (Mr. BACHUS asked and was given equipment in those buildings not being ments briefly of this bill. The con- permission to revise and extend his re- sold. As the President said, we have to ference report provides full payback marks.) respond comprehensively to what hap- protection for American taxpayers, Mr. BACHUS. Mr. Speaker, what we pened September 11. Thus, this bill. guaranteeing that the first 10- to $15 are doing today is simply a part of both Let us talk about the liability provi- billion in losses will be paid by the in- responding to the terrorist attacks of sions of this bill, because there was in surance marketplace with the Sec- September 11 and defending our coun- fact an unwillingness on the part of retary fully able to recoup any addi- try from continuing damage from those some to endorse this legislation simply tional amounts necessary. This was a terrorist attacks. It is a very prudent because of what was proposed. critical component in the House bill thing that we do today. It is a part of What is proposed here today is that, that Chairman BAKER and I and others the defense of our homeland and of our in the event of a large-scale terrorist insisted upon, that if the taxpayers economy, for if our economy continues attack upon this country in any loca- were going to be involved in this to be weakened by the terrorist attack, tion, one Federal court, one jurisdic- backup, it is important that those tax then the terrorists win. The President tion will take control and be charged dollars be repaid. Even though it was has called on us repeatedly to respond with the administration of handling all not in the Senate version, we prevailed with legislation. the claims as a result of that attack, in the conference. It is important to I commend this House. This House instead of having State and Federal point that out to my colleagues in the has passed, and passed last November, courts all over the United States han- House. good legislation to address the prob- dling thousands of claims. Instead of Secondly, we have incorporated a lem. And what is the problem? Mr. that situation, which I think we all transition period that provides imme- Speaker, before the terrorist attack, agree would be unmanageable, one Fed- diate full commercial terrorism cov- normally, as a matter of course, pro- eral court picked for the convenience erage for all American business con- tection against terrorist attacks was of those who had been hurt by this ter- sumers while long-term contracts included in commercial property and rorist attack and picked for the effi- under the bill are being negotiated; in casualty insurance policies. After the cient handling of the claims would be other words, an immediate start at get- losses on September 11, which amount- picked within 90 days of the terrorist ting these projects up and running and ed to 40- or $50 billion, it was impos- attack, a Federal cause of action. 300,000 people back to work. sible for insurance companies to pre- The lawsuits under this legislation Three, the Federal backstop has been dict when and if and the extent of these would be tried in Federal court, Fed- simplified and requires that insurers terrorist attacks in the future. It is im- eral rules of procedure. However, the have to pay a sizable deductible before possible for us as a government to pre- substantive law of the State or where they are eligible for the Federal back- dict when and where and to what ex- the attack occurred would be the appli- stop. This deductible is increased from tent these attacks will occur. So there cable law. 7 to 15 percent of their premiums over is no way for the insurance companies Finally, there has been a lot said the program to phase out the taxpayer to assess that damage and to make re- about punitive damages. I for one have exposure and foster the reemergence of serves and charge premiums in an ade- contended, and this bill makes it very a private insurance market for ter- quate amount. clear, that punitive damages are not rorism. It insures that only truly cata- So what have the insurance compa- insured losses. Let me repeat that. Pu- strophic events trigger any Federal in- nies done? They have done two things. nitive damages are not insured losses. volvement while continuing to provide They have either in most cases not ex- The taxpayers will not have to pay pu- equal protection for small and rural intended coverage or, two, they have nitive damages under this legislation, surers. simply picked a very high number for a and that is very important because the Fourth, we have provided more dis- premium and extended coverage at a people that will be responsible for closures and information to consumers, very substantial amount for what, in these attacks that ought to be pun- with more options to insure that ter- all probability, will not occur at a spe- ished will be the terrorists, not the rorism coverage is available in all com- cific location because of the actions American people. mercial policies. that this government and this adminis- All the legal reforms, as the gen- In addition, we continue to provide tration has taken since September 11. tleman from Ohio (Mr. OXLEY) said, are strong penalties to punish insurers who However, because terrorist insurance an improvement over the current law. defraud the government. State insur- coverage has not been extended, bil- The Federal Government of the Amer- ance and reinsurance programs can be lions of dollars of projects have been ican taxpayers will not be forced to re- fully covered by the Treasury Sec- put on hold or canceled. In fact, a re- insure any punitive damage claims. retary to provide equivalent protec- cent, and this is very recent, real es- Private rights of action for punitive tions for Americans who are unable to tate group estimated that the lack of damages are unchanged. obtain insurance in the private mar- affordable terrorist insurance has re- In conclusion, let me simply com- kets. And we continue to give victims sulted in the delaying or the cancella- mend the gentleman from Ohio (Mr.

VerDate 0ct 31 2002 04:08 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.012 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8741 OXLEY), chairman, and the gentleman court from insured losses paid by the This conference report does not in- from Louisiana (Mr. BAKER), chairman United States taxpayer, the mere alle- clude these protections for the victims of the subcommittee, who have worked gation of punitive damages always of terrorism that were in the bill the long and hard on this. I urge all Mem- boosts the settlement value of the House passed a year ago. It gives the bers of this conference, let us get on cases, and this bill leaves U.S. tax- plaintiffs’ bar the keys to the United with strengthening our country, recov- payers paying the inflated costs of States Treasury, and it gives lawyers a ering from the attack of September 11 those cases settled out of court. So license to further prey on the victims and doing everything we can do to pre- what the gentleman from Alabama of terrorism. pare for other attacks, hoping they will (Mr. BACHUS), my friend, said, he is We passed a compensation program not occur, but we have to act in self-de- right, we taxpayers do not pay punitive the week after 9/11 for the survivors of fense. damages, but knowing that there is a the victims of those attacks, and some Mr. SESSIONS. Mr. Speaker, I in- punitive damage award hovering over of the proceedings that have gone on quire about the time remaining. there means that the settlement value under that law have resulted in embar- The SPEAKER pro tempore (Mr. DAN which is paid by the taxpayers ends up rassment to the public and to the au- MILLER of Florida). The gentleman costing the taxpayers’ money. So it re- thors of that act and grist for inves- from Texas (Mr. SESSIONS) has 101⁄2 quires the American taxpayers to en- tigative reporters. Should, God forbid, minutes remaining. The gentleman gage in an egregious form of national there be another terrorist attack and from Massachusetts (Mr. MCGOVERN) self-flagellation. American taxpayers the provisions of this bill come into has 271⁄2 minutes. are punished for the evil acts of foreign play, that same embarrassment will Mr. SESSIONS. Mr. Speaker, I yield enemies. apply. There is an old adage ‘‘Fool me such time as he may consume to my Even the Washington Post’s editorial once, shame on you; fool me twice, friend, the gentleman from Wisconsin page has stated: ‘‘On insurance, the shame on me.’’ Let us not shame us by (Mr. SENSENBRENNER), the chairman of Democrats are objecting to Republican passing this bill. It should be voted Committee on the Judiciary. proposals to ban punitive damages in down. Mr. SENSENBRENNER. Mr. Speak- the event of terrorist attacks, which Mr. MCGOVERN. Mr. Speaker, I yield er, I rise in support of this rule, it is seems a reasonable proposal. The myself such time as I may consume. the standard rule for conference re- Democratic position on terrorism in- I want to take this opportunity to ports, but also in opposition to the con- surance smacks of the trial bar, which commend the gentleman from Ohio ference report itself because it fails to never saw a disaster that didn’t justify (Mr. OXLEY), the chairman; and the include critical liability protections a lawsuit.’’ gentleman from New York (Mr. for victims of terrorism, which are par- And just a few weeks ago, the Wash- LAFALCE), ranking member; and all the ticularly important because the con- ington Post stated that ‘‘the Demo- members of the Committee on Finan- ference report creates a Federal indem- crats should indeed be embarrassed’’ by cial Services for all of their work on nification program that puts the Amer- their efforts to defend lawyers at the this issue. As I said in my opening re- ican taxpayer on the hook for damages expense of the American economy. marks, they initially came up with an caused by terrorists. It is no surprise to me that all Demo- okay bill that, unfortunately, as a re- It is important to note what the trial cratic conferees signed this conference sult of some meddling from the major- lawyers did first to mark the first an- report. ity leadership, turned into a very bad niversary of the terrorist attacks on The terrorism insurance bill the bill in my opinion. September 11. They are suing American House passed last year also provided What we have before us today in this companies that were victims of ter- the defendants could only be liable for conference report is a bill that rep- rorist attacks themselves. According the amount of damages for pain and resents bipartisan concerns and de- to the Washington Post: ‘‘Things really suffering in direct proportion to the deserves bipartisan support, and I would are returning to normal a year after fendant’s percentage of responsibility urge my colleagues to support this the terrorist attacks. Trial lawyers— for harm. That provision allows Ameri- rule, and I would urge my colleagues to surprise!—are headed back to the cans who are victims of terrorists to support final passage of the conference courthouse, [and] there is a rush by rely, at the very least, on their own in- report. lawyers to sue airport operators, air- nocence to protect them from liability. Mr. Speaker, I yield back the balance lines, security companies, the builders My colleagues may remember that in of my time. of the World Trade Center and others.’’ the No Child Left Behind Act, which Mr. SESSIONS. Mr. Speaker, I yield Let us face the facts. Terrorist-in- overwhelmingly passed both the House myself such time as I may consume. spired litigation is not a garden variety and the Senate, the very same rule was I urge my colleagues to join with me tort case. A banana peel is an accident applied to protect teachers. If that pro- in supporting this rule and of course waiting to happen, but a terrorist is a vision is good enough for teachers, it the underlying legislation which is so suicidal fanatic bent upon killing indi- should be good enough for victims of critically important not only to this viduals, innocent people, and causing terrorism. country but to the economy of this mass destruction of property. Even the The bill that the House passed last country for consumers and for men and most diligent property owners cannot year also provided that fees for attor- women who own businesses and have always guard against such attacks. neys suing victims of terrorism could money invested in this country. To protect innocent Americans, the not be greater than 20 percent of the Mr. Speaker, I yield back the balance provisions in the terrorism insurance damages awarded or any amount of the of my time, and I move the previous legislation the House passed a year ago settlement received. That provision is question on the resolution. provided that, in a lawsuit for damages simply a continuation of the long- The previous question was ordered. arising out of a terrorist attack, no pu- standing Federal policy behind the The resolution was agreed to. nitive damages would be allowed Federal Tort Claims Act, namely that A motion to reconsider was laid on against victims of terrorism. The bill lawyers should not profit excessively the table. before us today fails to include that when they are paid from the United basic protection; and, in doing so, it States Treasury. f fails to ensure that Americans do not Especially today, in a time of war, become the victims of terrorists twice: excessive lawyer fees drawn from the first during the initial wave of death U.S. Treasury should not be allowed to RECESS and destruction caused by the terror- result in egregious war profiteering at The SPEAKER pro tempore. Pursu- ists and second by the legal after- the expense of victims, jobs, and busi- ant to clause 12 of rule I, the Chair de- shocks caused by the unquantifiable nesses; and this bill, unfortunately, clares the House in recess subject to and unpredictable damage claims will allow this one segment of our soci- the call of the Chair. brought by the plaintiffs’ bar. ety to legally, with the blessing of the Accordingly (at 1 o’clock and 58 min- While the bill before us today ex- United States Congress, engage in war utes p.m.), the House stood in recess cludes punitive damages awarded in profiteering. subject to the call of the Chair.

VerDate 0ct 31 2002 04:08 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.014 H14PT1 H8742 CONGRESSIONAL RECORD — HOUSE November 14, 2002 b 1515 urge my colleagues to support this rule complaint that has been brought AFTER RECESS so that the House may proceed to the against you, the penalty, ‘‘sweeps with consideration of the conference agree- broad and heavy hand to target peace- The recess having expired, the House ment. The House has, in the past two ful, nonviolent, constitutionally pro- was called to order by the Speaker pro Congresses, consistently supported tected activities on the same terms as tempore (Mr. HANSEN) at 3 o’clock and bankruptcy reform. In the 107th Con- violent or forceful acts.’’ 15 minutes p.m. gress, the House passed its version of Chairman Sensenbrenner had it right f the bill by a vote of 306 to 108. This then. He went on to say that this was WAIVING POINTS OF ORDER agreement, which is the product of McCarthyism. What we are dealing AGAINST CONFERENCE REPORT months of negotiations, makes sensible with today, with all due respect, is ON H.R. 333, BANKRUPTCY ABUSE changes in the law that will save McCarthyism. Much has been made PREVENTION AND CONSUMER American consumers millions of dol- about the Starr memo. Let me say PROTECTION ACT OF 2002 lars a year. This conference agreement this: The difference is if you are from adheres to the principle that if an indi- PETA or some other organization Mr. SESSIONS. Mr. Speaker, by dividual has the capacity to repay a sub- where sit-ins and civil, nonviolent dis- rection of the Committee on Rules, I stantial portion of their debt, then obedience, where you get arrested, is call up House Resolution 606 and ask that debtor should have an obligation part of the intent of what you want to for its immediate consideration. The Clerk read the resolution, as fol- to repay. This conference agreement do to bring a focus, and Martin Luther lows: will rein in abuse of the system and en- King certainly had intent when he pro- sure that those debtors who cannot pay tested and got arrested more than a H. RES. 606 are given the fresh start they need. dozen times or so. The fundamental Resolved, That upon adoption of this reso- Mr. Speaker, I commend the con- issue here is that pro-lifers are treated lution it shall be in order to consider the conference report to accompany the bill ferees for their hard work on this issue differently. Under the FACE bill, ruin- (H.R. 333) to amend title 11, United States and for bringing the House a con- ous lawsuits, extreme penalties are lev- Code, and for other purposes. All points of ference report that is worthy of sup- eled against nonviolent protestors. order against the conference report and port. I urge a no on the rule. against its consideration are waived. I would point out, Mr. Speaker, that Mr. FROST. Mr. Speaker, I yield 4 The SPEAKER pro tempore. The gen- there are Members on our side of the minutes to the gentleman from Vir- tleman from Texas (Mr. SESSIONS) is aisle who strongly object to this con- ginia (Mr. BOUCHER). recognized for 1 hour. ference report, and we will be hearing (Mr. BOUCHER asked and was given Mr. SESSIONS. Mr. Speaker, for the from them in the course of this debate. permission to revise and extend his re- purpose of debate only, I yield the cus- Mr. Speaker, I reserve the balance of marks.) tomary 30 minutes to the gentleman my time. Mr. BOUCHER. Mr. Speaker, I thank from Texas (Mr. FROST), pending which Mr. SESSIONS. Mr. Speaker, I yield 2 the gentleman from Texas for yielding I yield myself such time as I may con- minutes to the gentleman from New me this time. I am pleased to rise in sume. During consideration of this res- Jersey (Mr. SMITH), the chairman of support of the rule for consideration in olution, all time yielded is for the pur- the Committee on Veterans’ Affairs. the House of the conference report to pose of debate only. Mr. SMITH of New Jersey. I thank accompany the bankruptcy reform leg- Mr. Speaker, the resolution provides my friend for yielding me this time. islation. I urge approval both of the the standard rule under which we con- Mr. Speaker, I rise in strong opposi- rule and of the conference report. sider conference reports and waives all tion to this rule. Some of my col- The reform of the Nation’s bank- points of order against the conference leagues were not here back in 1993 and ruptcy laws, which our actions today report and its consideration. 1994 when we debated the Freedom of will accomplish, is well justified. This Mr. Speaker, I am exceedingly Access to Clinic Entrances Act, which reform is strongly in the interest of pleased that today we will finally con- penalized pro-lifers in a way that was consumers. It will significantly reduce sider the conference report for much- totally unfair and discriminatory, the annual hidden tax of approximately needed bankruptcy reform legislation. mandating ruinous lawsuits, criminal $400 that the typical consumer pays be- I am proud of the tireless efforts of penalties and the like, for doing the cause others are misusing the bank- many of the staff members and the same thing that some other nonviolent ruptcy laws. That amount represents Members who have put countless hours civil disobedient person might do. If the increased cost of credit and the in- towards the passage of this important you stood in front of an abortion clinic, creased price of consumer goods and legislation. Their efforts allow each of you could have the book literally services occasioned by bankruptcy law us to ensure that our bankruptcy laws thrown at you, and do the same thing misuse. This reform will lower that operate fairly, efficiently, and free of in front of NIH or somewhere else and hidden tax. abuse. We must end the days when have a whole different set of penalties. The reform also helps consumers by debtors who are able to repay some Today we are dealing with the same requiring clearer disclosures of the cost portion of their debts are allowed to thing but an extension of that very, of credit on credit card statements. game the system. This bill is crafted to very wrongheaded and misguided piece And the reform will be a major benefit ensure the debtor’s rights to a fresh of legislation. to single parents who receive alimony start while protecting the system from In 1994, Chairman Sensenbrenner said or child support. That person today is flagrant abuses by those who are able this about the same language we are fifth in priority for the receipt of pay- to pay their bills. The result is a care- debating today: ment under the bankruptcy laws. The fully crafted package that balances and ‘‘Political protest has been at the reform before us today elevates the protects Americans from all walks of forefront of social change. From the spouse-support recipient to number one life and provides access to bankruptcy Boston Tea Party to the abolitionist in priority. for all Americans who have a legiti- movement, from the antiwar protests This reform proceeds from a basic mate need. to the activism of the civil rights premise that people who can afford to I urge my colleagues to support this movement, civil disobedience has been repay a substantial part of the debt rule and the underlying legislation. an intimate part of our history. This is that they owe should do so. The bill re- Mr. Speaker, I reserve the balance of perhaps the first time in our Nation’s quires that repayment while allowing my time. history’’—this is the second, today— the discharge in bankruptcy of the Mr. FROST. Mr. Speaker, I yield my- ‘‘that those in the power have so open- debts that cannot be repaid and in so self such time as I may consume. ly sought to use the authority of gov- doing responds to the broad misuse of (Mr. FROST asked and was given per- ernment to broadly suppress the legiti- chapter 7’s complete liquidation provi- mission to revise and extend his re- mate actions of a movement with sions that we have observed in recent marks.) which they do not agree. The legisla- years. Mr. FROST. Mr. Speaker, I rise in tion, FACE,’’ which this makes it The reform measure sets a threshold support of this conference report and worse, you cannot discharge a civil for the use of chapter 7. Debtors who

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.018 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8743 can make little or no repayment can cially in the hands of a hostile and mo- FACE use its provisions without limitation tivated creditor, is a financial death (Freedom of access to [abortion] clinic and can discharge all of their debts. sentence. That is what even peaceful entrances) Debtors whose annual income is below pro-life protesters have to fear if the Signed by President Clinton in 1994—Intro- the national mean of about $50,000 per proposed language is added to the ex- duced in the House by Rep. Chuck Schumer year are also untouched by the provi- isting aggressive judicial interpreta- (D-NY) sions of this reform. They can make tion of FACE and similar laws.’’ Roll Call: http://clerkweb.house.gov/cgibin/ vote.exe?year-1994&rollnumber-70 full use of chapter 7 and discharge all Mr. Speaker, I will submit the other of their debts even if they could afford 18 USC Sec. 248 letter from the Catholic Bishops for Sec. 248. Freedom of access to clinic entrances. to make a substantial debt repayment. the RECORD. And so, Mr. Speaker, the financially (a) PROHIBITED ACTIVITIES.—Whoever— BANKRUPTCY CONFERENCE REPORT H.R. 333: (1) by force or threat of force or by phys- unfortunate and middle-income con- ical obstruction, intentionally injures, in- sumers are not affected at all by this SEC. 330. Nondischargibility of debts intimidates or interferes with or attempts to reform. They can continue to use the curred through violations of law relating to injure, intimidate or interfere with any per- bankruptcy laws as they can under cur- the provision of lawful goods and services son because that person is or has been, or in rent law. But upper-income consumers (a) Debts incurred through violations of order to intimidate such person or any other who can make substantial repayments law relating to the provision of lawful goods person or any class of persons from, obtain- will be expected to enter into court-su- and services.—Section 523(a) of title 11, ing or providing reproductive health serv- pervised repayment plans under chap- United States Code, as amended by section ices; 224, is amended— (2) by force or threat of force or by phys- ter 13. This modest requirement of per- ical obstruction, intentionally injures, in- (1) in paragraph (18) by striking ‘‘or’’ at the sonal financial responsibility is appro- timidates or interferes with or attempts to end; priate, and I am pleased today to urge injure, intimidate or interfere with any per- approval of this well-justified reform (2) in paragraph (19) by striking the period son lawfully exercising or seeking to exer- which is contained within the con- at the end and inserting ‘‘; or’’; and cise the First Amendment right of religious ference agreement. (3) by adding at the end the following: freedom at a place of religious worship; or (3) intentionally damages or destroys the Mr. Speaker, I am pleased today to ‘‘(20) that results from any judgment, property of a facility, or attempts to do so, urge approval of the rule that brings order, consent order, or decree entered in because such facility provides reproductive any Federal or State court, or contained in that conference agreement to the floor health services, or intentionally damages or any settlement agreement entered into by as well as the conference agreement destroys the property of a place of religious the debtor (including any court-ordered dam- itself. worship, ages, fine, penalty, or attorney fee or cost Mr. SESSIONS. Mr. Speaker, I yield 2 (d) Nothing in this section shall be con- owned by the debtor), that arises from— minutes to the gentleman from Penn- strued—(1) to prohibit any expressive con- sylvania (Mr. PITTS). ‘‘(A) the violation by the debtor of any duct (including peaceful picketing or other (Mr. PITTS asked and was given per- Federal or State statutory law, including peaceful demonstration) protected from legal but not limited to violations of title 18, that mission to revise and extend his re- prohibition by the First Amendment to the results from intentional actions of the debt- Constitution; marks.) or that— Mr. PITTS. Mr. Speaker, I want to ‘‘(i) by force or threat of force or by phys- HARVARD LAW SCHOOL, rise in opposition to this rule and make ical obstruction, intentionally injure, in- Cambridge, MA, November 12, 2002. it clear that I support bankruptcy re- timidate, or interfere with or attempt to in- Hon. CHRISTOPHER SMITH, form laws very much. But not this jure, intimidate or interfere with any person House of Representatives, version, not with these words that have because that person is or has been, or in Washington, DC. been inserted by the conference. They order to intimidate such person or any other DEAR CONGRESSMAN SMITH: I am taking the did take the reference to the FACE person or any class of persons from, obtain- liberty of writing to you today because I am Act, standing for Free Access to Clinic ing or providing lawful goods or services; deeply concerned about the application of Entrances, meaning an abortion clinic, ‘‘(ii) by force or threat of force or by phys- H.R. 333 to peaceful pro-life protestors. I hope the following opinion letter will be that was passed in 1994; and we have ical obstruction, intentionally injure, intimidate, or interfere with or attempt to in- helpful to you. the FACE language here in white and The proposed legislation would create a the identical words are in the bank- jure, intimidate or interfere with any person lawfully exercising or seeking to exercise the new 11 U.S.C. § 523(a)(20), denying discharge ruptcy reform bill. They did change First Amendment right of religious freedom for and judgments under the Freedom of Ac- ‘‘reproductive health services’’ to at a place of religious worship; or cess of Clinic Entrances Act, 18 U.S.C. § 248 ‘‘lawful goods or services.’’ That is the (2000), or under similar state laws, or under ‘‘(iii) intentionally damage or destroy the injunctions restricting protest at abortion one change. The key words are property of a facility, or attempt to do so, ‘‘interferes with’’ or ‘‘physical obstruc- clinics. because such facility provides lawful goods The impact of the provision on peaceful tion.’’ Under FACE, peaceful pro-life or services, or intentionally damage or de- pro-life protestors would be grave. Existing protesters are being arrested and sen- stroy the property of a place of religious law substantially restricts protest at abor- tenced to jail for just praying on a worship; or tion clinics, and in their zeal to eliminate sidewalk outside an abortion clinic, or ‘‘(B) a violation of a court order or injunc- violent protests and obstruction protests, handing a leaflet to a woman as an al- tion that protects access to a facility that or courts and legislators have forbidden much ternative. One man was even success- a person who provides lawful goods or serv- protest that is peaceful and nonobstructive. fully sued for leaving his business card ices or the provision of lawful goods or serv- Proposed § 523(a)(20) would add an additional ices if— on the clinic’s door. sanction to all this existing law: money judgments for abortions protest would follow Mr. Speaker, under FACE, people are ‘‘(i) such violation is intentional or knowing; or protestors to the ends of their lives. No mat- being fined hundreds of thousands of ter their financial circumstances, no matter dollars. What we are doing in this bill ‘‘(ii) such violation occurs after a court has the size of the judgment or the nature of the is taking the identical language and found that the debtor previously violated— protest, these judgments could never be dis- putting it in the bankruptcy bill so ‘‘(I) such court order or such injunction; or charged in bankruptcy. now they cannot even file for bank- ‘‘(II) any other court order or injunction 1. THE FREEDOM OF ACCESS TO CLINIC ruptcy, unfair bankruptcy. So we are that protects access to the same facility or ENTRANCES ACT (FACE) condemning peaceful, innocent people the same person; except that nothing in this Proposed § 523(a)(20)(A) precisely tracks the who have a conscience to protest just paragraph shall be construed to affect any key substantive language of FACE. FACE expressive conduct (including peaceful pick- to try to save the life of an unborn to prohibits conduct that: ‘‘by force or threat of eting, peaceful prayer, or other peaceful force or by physical obstruction, inten- a life of financial ruin. demonstration) protected from legal prohibi- I have a couple of letters, one from tionally injuries, intimidates or interferes tion by the first amendment to the Constitu- with’’ access to ‘‘reproductive health serv- Harvard law professor Mary Ann tion of the United States.’’. ices,’’ or attempts to do so. 18 U.S.C. Glendon, a good analysis of the bill, (b) RESTITUTION.—Section 523(a)(13) of title § 248(a)(1) (2000). but let me just read the last paragraph: 11, United States Code, is amended by insert- Proposed § 523(a)(20) denies discharge for ‘‘A large and nondischargeable debt, ing ‘‘or under the criminal law of a State’’ any judgment arising from actions of the beyond one’s capacity to pay, espe- after ‘‘title 18’’. debtor that: ‘‘by force or threat of force or

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.020 H14PT1 H8744 CONGRESSIONAL RECORD — HOUSE November 14, 2002 by physical obstruction, intentionally in- sory. The court found specific intent to zone injunctions without first attempting to jure, intimidate, or interfere with’’ access to interfere with access to the clinic, even in control alleged obstruction with less intru- lawful goods or services. The key language in the case of the lone protestor praying before sive means. Examples include the buffer zone the two block quotes is obviously identical the locked door. It relied on the fact that the injunction issued on remand after the lim- save for the difference between singular and protestor prayed that women approaching ited violations in United States v. Mahoney, plural verbs (‘‘whoever’’ is the subject in the clinic would change their minds about under the case name United States v. Alaw, FACE; the debtor’s ‘‘actions’’ is the subject getting an abortion; the court quoted his 180 F. Supp. 2d 197 (D.D.C. 2002), and the pre- in proposed § 523(a)(2)). prayer as evidence of criminal intent. 247 liminary injunction confining a single Because the proposed language is sub- F.3d at 283–84. To similar effect is United protestor to the other side of the street in stantively identical to FACE, it will be read States v. Gregg, 32 F. Supp. 2d 151, 157 (D.N.J. United States v. McMillan, 946 F. Supp. 1254 in light of existing decisions under FACE. 1998), aff’d 226 F.3d 253 (3d Cir. 2000), cert. de- (S.D. Miss. 1995). Existing interpretations of FACE will almost nied, 523 U.S. 971 (2001). Gregg had much Many forms of protest inside such buffer certainly be read into § 523(a)(20). Worse, more evidence of actual obstruction than zones would not obstruct or interfere with abortion clinics and their supports will like- Mahoney. Even so, the Gregg court relied on anything. A single picketer with a pro-life ly argue that by re-enacting the same statu- defendants’ ‘‘anti-abortion statements, in- sign, held in contempt of court for standing tory language, Congress has approved exist- cluding imploring women not to go into the quietly inside a buffer zone, would be covered ing decisions and thus confirmed their status clinic or not to kill their babies,’’ and on the by proposed § 523(a)(20)(B), and any fines, as valid and appropriate interpretations of fact that defendants ‘‘carried anti-abortion compensation, or attorneys’ fees awarded FACE itself. This is a critical point, because signs,’’ as evidence of forbidden intent. The would be nondischargeable. The protection existing interpretations of FACE in the government in these cases has offered evi- for peaceful protest in proposed § 523(a)(20)(B) lower courts, extraordinarily favorable to dence of opposition to abortion as evidence is supposed to come from the clause exclud- the abortion clinics and their supporters, of specific intent to obstruct access, and the ing protest protected by the First Amend- have not yet been accepted or rejected by the courts have relied on this evidence for that ment. But given Madsen and Schenck, this Supreme Court of the United States. Con- purpose. Clinics and their supporters would protection means little; much protest that is gressional passage of proposed § 523(a)(20) of course argue that Congress has codified peaceful and nonobstructive is not protected could figure prominently in eventual Su- these holdings if it enacts proposed by current interpretations of the First preme Court arguments on the interpreta- § 523(a)(20). Amendment. tion of FACE, lending plausible support to Courts have emphasized that FACE plain- 3. STATE LAWS the worst interpretations of the statute. tiffs need not prove actual obstruction. ‘‘It is I will not consider in this opinion letter Proposed § 523(a)(20)(A) also denies dis- not necessary to show that a clinic was shut charge for judgments arising from violation the interpretations of ‘‘force or threat of down, that people could not get into a clinic force,’’ ‘‘intentionally injure,’’ or of state laws protecting access to clinics if at all for a period of time, or that anyone the violation includes actions that by ‘‘force ‘‘intimidate.’’ Some interpretations of those was actually denied medical services.’’ provisions have been surprisingly expansive, or threat of force or by physical obstruction, People v. Kraeger, 160 F.Supp. 2d 360, 373 intentionally injure, intimidate, or interfere but those forms of protest are not the issue (N.D.N.Y. 2001). Plaintiffs need not ‘‘show for most protestors. The real work of FACE, with’’ clinic access, or attempt to do so. Cer- that any particular person was interfered tainly this includes statutes like the New and of proposed § 523(a)(20), is in the provi- with by the defendants’ obstruction.’’ United sions that target anyone who ‘‘by physical York Clinic Access and Anti-Stalking Act, States v. Wilson, 2 F. Supp. 2d 1170, 1171 n.1 which substantially tracks FACE. (This law obstruction * * * interferes with * * * or at- (E.D. Wis.), aff’d as United States v. Balint, 201 tempt to * * * interfere with’’ access to a is codified as N.Y. Penal Law §§ 240.70 and F.3d 928 (7th Cir. 2000). 240.71 (McKinney Supp. 2002), and N.Y. Civil clinic. Each of these terms has been con- To sum up, proposed § 523(a)(20) would re- Rights Law § 79-m (McKinney Supp. 2002)). strued or defined to mean more than first ap- enact statutory language that has been in- pears. No actual interference, and no actual It will be a matter of interpretation and terpreted not to require actual obstruction, litigation whether § 523(a)(20)(A) denies dis- physical obstruction is required for a viola- has been interpreted to prohibit a single tion. Courts have found violations in peace- charge for other state laws imposing more protestor kneeling in prayer near an unused expansive restrictions on pro-life protest. ful protest that did not actually prevent ac- exit, and has been interpreted to treat anti- cess to clinics. For example, in Hill v. Colorado, 530 U.S. 703 abortion statements as evidence of criminal (2000), the Supreme Court upheld Colo. Rev. ‘‘Physical obstruction’’ is defined in 18 intent. These interpretations would almost U.S.C. § 248(e)(4) to mean making ingress or Stat. § 18–9–122(3) (West 1999), which makes it certainly be read into § 523(a)(20), and there illegal to approach within eight feet of an- egress ‘‘impassable * * * or unreasonably dif- would be a serious argument that Congress ficult or hazardous.’’ What is ‘‘unreasonably other person without that person’s consent, had confirmed these interpretations in FACE for any form of ‘‘protest, education, or coun- difficult’’ has, in the lower federal courts, itself. sometimes turned out to be remote from seling’’ within one hundred feet of the en- 2. INJUNCTIONS physical obstruction. trance to a health care facility. The Court Thus in, United States v. Mahoney, 247 Proposed § 523(a)(20)(B) makes non- relied in part on the state’s interest in F.3d 270 (D.C. Cir. 2001), the court found dischargeable any debt arising from viola- ‘‘unimpeded access to health care facilities.’’ physical obstruction and interference with tion of an ‘‘injunction that protects access 530 U.S. at 715. access from a single protestor kneeling in to’’ a facility that provides lawful goods or Now consider a pro-life protestor who ap- prayer outside a locked door to an abortion services. Nothing in proposed § 523(a)(20)(B) proaches a person outside an abortion clinic clinic. Id. at 283–84. The door was a ‘‘rarely even purports to confine this subsection to and offers a leaflet. Plainly this protestor used’’ emergency exit. The court said that violent or obstructive protest. would be violating the statutory eight-foot someone might have used the door, and that Under FACE and under other sources of bubble zone. The statute currently author- the law does not distinguish frequently and law, courts have issued injunctions estab- izes compensatory damages for this viola- infrequently used doors. More remarkable lishing buffer zones and bubble zones, forbid- tion, Colo. Rev. Stat. § 18–9–122(6) (West 1999) still, the court held that a single person ding protestors from coming within stated and Colo. Rev. Stat. § 13–21–106.7 (West 1997), keeling in prayer rendered use of that door distances of the property line of abortion and it could easily be amended to add liq- ‘‘unreasonably difficult’’ and forced patients clinics or within stated distances of persons uidated damages or civil penalties on the to use a difference entrance. Id. at 284. approaching abortion clinics. In Madsen v. model of FACE. In discharge litigation under Mahoney also held that six other defend- Women’s Health Center, Inc., 512 U.S. 753 proposed § 523(a)(20), abortion clinics and ants physically obstructed and interfered (1994), the Supreme Court upheld the con- their supporters would argue that the stat- with access to another door. The court of ap- stitutionality of an injunction forbidding ute was a reasonable prophylactic means to peals’ entire discussion of this holding is protestors to step onto clinic property, or prevent physical obstruction that interferes that five protestors ‘‘knelt or sat within five onto public property within 36 feet of the with clinic access, and that any violation of feet of the front door,’’ that the sixth defend- clinic’s property line. The effect was to con- the statute amounts to such physical ob- ant ‘‘was pacing just behind them,’’ and that fine protestors to the other side of the struction and interference. Prospective pa- they ‘‘offered passive resistance and had to street. The Court also affirmed an injunction tients would prefer to enter the clinic with- be carried away.’’ Id. at 283. The court does against making any noise audible within the out being offered a leaflet, and they may not even say whether they were arrayed clinic. In Schenck v. Pro-Choice Network, 519 think the proffer of the leaflet made their across the sidewalk or along the sidewalk, U.S. 357 (1997), the Court upheld an injunc- entrance unreasonably difficult. If any of whether they left a passage open, or any tion against any defendant ‘‘demonstrating these arguments were accepted, judgments other fact that might go to a plain meaning within fifteen feet’’ of any doorway or drive- for violating state bubble-zone statutes understanding of ‘‘physical obstruction’’ or way at any abortion clinic in the Western would be nondischargeable under proposed to preserving a reasonable right to protest. District of New York. The injunction in that § 523(a)(20). It was enough for a violation that they were case also prohibited any defendant from I do not think that would be a correct in- near the door. ‘‘trespassing’’ on any clinic’s parking lot. terpretation of proposed § 523(a)(20). But after Both FACE and proposed § 523(a)(20) are (The injunction is set out id. at 366 n.2.) examining judicial interpretations of FACE, limited to ‘‘intentional’’ violations, but Since Madsen, the lower courts have be- I think there is a substantial risk that some mahoney shows that protection to be illu- come more aggressive about issuing buffer courts would reach this interpretation. If

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.021 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8745 judgments for violating buffer-zone and bub- nancial accounts could be emptied. In some and (b) when the demonstrator, regardless of ble-zone injunctions are nondischargeable, it states, even his furniture could be seized. All his or her state of mind, commits a second would likely seem a small step to hold that or part of everything the protestor ever violation of a court order protecting a clinic, judgments for violating bubble-zone statutes earned or acquired for the rest of his life even if the violation was not intended to, are also nondischargeable. could be seized by the abortion clinic cred- and did not, interfere with clinical access. 4. THE MAGNITUDE AND NATURE OF THE itor, until and unless the judgment was paid An exception in the amendment for expres- JUDGMENTS AT ISSUE in full, with interest. sive conduct protected from legal prohibi- Proposed § 523(a)(20) is not confined to com- A large and nondischargeable debt, beyond tion by the First Amendment does not pensatory damages. The statutes at issue au- one’s capacity to pay, especially in the hands change this analysis. Obviously, with or thorize punitive damages, liquidated statu- of a hostile and motivated creditor, is a fi- without the exception, Congress lacks the tory damages, civil penalties, attorneys’ nancial death sentence. That is what even power to prohibit by the First Amendment fees, expert witness fees, and criminal fines. peaceful pro-life protestors have to fear if does not change this analysis. Obviously, Their purpose is to deter and punish, not proposed § 523(a)(20) is added to the existing with or without the exception, Congress just—or even principally—to compensate for aggressive judicial interpretation of FACE lacks the power to prohibit conduct pro- any harm done. In fact, awards of actual and similar laws. I believe that any more op- tected from prohibition by the First Amend- compensatory damages are quite rare. The timistic interpretation of the bill is wishful ment. plaintiffs’ preference for liquidated damages thinking. The amendment is not limited to violent and penalties is most important in those Very truly yours, or even crimical conduct. For reasons dis- cases in which there is no obstruction in the MARY ANN GLENDON, cussed below, it seems likely that the ordinary meaning of the word, or only brief Harvard Law Professor. amendment will have a disproportinate im- and marginal obstruction. In such cases, pact on pro-life demonstrators. there is little or no actual damage, but there SECRETARIAT FOR PRO-LIFE ACTIVITIES, ANALYSIS Washington DC, November 13, 2002. still be can substantial monetary judgments. Among the debts that may not be dis- FACE authorizes $5,000 per violation in DEAR MEMBER OF CONGRESS: Disagreements have arisen in Congress charged in bankruptcy is any debt ‘‘for will- statutory damages, at the election of plain- over the conference report on the Bank- ful and malicious injury by the debtor to an- tiffs, either private or governmental. 18 ruptcy Abuse Prevention and Consumer Pro- other entity or to the property of another U.S.C. § 248(c)(1)(B) (2000). In actions by the tection Act, particularly over Section 330 on entity.’’ 11 U.S.C.§ 523(a)(6). The word United States or by any State, it authorizes the dischargeability of debts arising from ‘‘willful’’ in section 523(a)(6) ‘‘modifies the a civil penalty of $10,000 per protestor for the sit-ins at abortion clinics. A legal analysis of word ‘injury,’ indicating that first non-violent physical obstruction, and this provision by our Office of General Coun- nondischargeability takes a deliberate or in- $15,000 per protestor for each subsequent non- sel is enclosed. Based on this analysis, we tentional injury, not merely a deliberate or violent physical obstruction. 18 U.S.C. have a serious concern about the form in intentional act that leads to injury.’’ §§ 248(c)(2)(B) and 248(c)(3)(B) (2000). which the bankruptcy bill is being presented Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998) The lower federal courts have held that the (original emphasis). ‘‘[D]ebts arising from statutory damages are per violation, not per for final passage. The bishops’ conference has always strong- recklessly or negligently inflicted injuries do protestor. So if ten people combine to block not fall within the compass of § 523(a)(6).’’ Id. a clinic entrance, a single judgment of $5,000 ly condemned any resort to violence in the pro-life struggle. We have never endorsed, or at 64. Debts arising from actions that cause in statutory damages (plus costs and attor- no injury at all are likewise outside the neys’ fees) may be entered jointly and se- taken a position on, the practice of conducting sit-ins or other forms of nonviolent scope of section 523(a)(6). verely against them. United State v. Gregg, Section 523(a)(6) bars the discharge of debts 226 F.3d 253, 257–60 (3d Cir. 2000), cert. denied, civil disobedience at abortion clinics. How- ever, we have strongly opposed the Freedom resulting from judgments against pro-life ac- 523 U.S. 971 (2001). tivists arising from deliberate or intentional But this ‘‘per violation’’ protection does of Access to Clinic Entrances Act (FACE) as a discriminatory and ideologically moti- injuries that they cause. In re Treshman, 258 not prevent multiple awards for multiple B.R. 613 (Bankr. D. Md. 2001) (debt for inten- violations, and each alleged act of inter- vated attack on the rights of peaceful pro- life demonstrators. The current language on tional injury resulting from violation of ference may be parsed as a separate viola- Freedom of Access to Clinic Entrances Act tion. Moreover, civil penalties may be protesters in the bankruptcy bill closely par- allels the language of FACE, and will be used was not dischargeable in bankruptcy); In re awarded against each protestor, and civil Bray, 256 B.R. 708 (Bankr. D. Md. 2000) (debt penalties and statutory damages may be to impose another layer of penalties upon protesters whose only offense was to place for intentional injury resulting from viola- awarded in the same case for the same violation of FACE was not dischargeable in bank- tion. Thus a federal court has entered $80,200 their bodies in the path of those who take innocent children’s lives. ruptcy); In re Behn, 242 B.R. 229 (Bankr. W.D. in judgments against four members of a sin- N.Y. 1999) (debt for intentinal injury result- gle family, for ten separate violations, none The discriminatory nature of this provision seems clear. It could be used to take ing from pro-life demonstrator’s violation of of them violent and none of them creating temporary restraining order was not dis- anything like an effective ‘‘blockade’’ of the away the savings, homes and other property of low- or middle-income peaceful protesters chargeable in bankruptcy). There is some au- clinic. People v. Kraeger, 160 F. Supp. 2d 360, thority that an injury is ipso facto inten- 377–80 (N.D.N.Y. 2001). And of course there is to pay fines and the attorneys’ fees of their opponents—a form of punishment now re- tional when it results from violation of a no federal limit on the damage and penalty court order directed specifically at the par- provisions that states might enact for judg- served chiefly for those who are guilty of in- flicting willful and malicious injury upon ticular debtor, Behn, 242 B.R. at 238, but the ments that would be nondischargeable under same court left ‘‘to another day the question § 523(a)(20). others. This penalty would apply even if the protesters caused no harm to person or prop- of the applicability of § 523(a)(6) in other fact 5. THE EFFECT OF WITHHOLDING DISCHARGE erty but only ‘‘interfered’’ with abortions. patterns, such as if there had been no court I am not an expert on bankruptcy law or We hope the House will reject the Rule on order directed specifically at the debtor, and debtor-creditor law, and I have not done ex- the Conference Report so this unfair and dis- instead the debt arose out of a judgement for tensive research on the options available to criminatory provision can be removed. trespass or menacing.’’ Id. at 239 n. 6. Crimi- the protestor with a nondischargeable judg- Sincerely, nal trepass statutes generally do not require ment beyond his capacity to pay. But the ba- GAIL QUINN, injury in the sense of actual damage to prop- sics are clear enough to anyone with credit Executive Director. erty or an intent to cause such damage; un- cards and a mortgage. If you are unable to authorized entry or remaining unlawfully on pay, the creditors first threatens your credit OFFICE OF THE GENERAL COUNSEL, property is usually sufficient. See 75 rating, then your possessions; eventually, if Washington, DC, September 12, 2002. Am.Jur.2d Trespass § 164. there is enough at stake, the creditor sends MEMORANDUM The Schumer amendment can be divided the sheriff to seize your possessions. If you into three parts. It prevents the discharge in We have been asked for an analysis of the are unable to pay and unable to discharge bankrupty of any debt from a judgment, Schumer amendment to the Bankruptcy the debt in bankruptcy, the threats and sei- order, consence order, decree, or settlement Abuse Prevention and Consumer Protection zures would never end. agreement arising from— Act, H.R. 333. For the rest of his life, the protestor sub- (1) The debtors violation of any Federal or ject to a nondischargeable judgment would SUMMARY State resulting from intentional actions of find it difficult or impossible to get credit. Under existing law, a pro-life demonstrator the debtor that by force, threat of force, or He could not get a mortgage; he could not seeking bankruptcy protection may not dis- physical obstruction, does any of the fol- get a loan for a new car. The creditor might charge a debt for a judgment arising from in- lowing— be an abortion clinic motivated to make ex- juries he or she intentionally causes. The Intentionally injures any person; amples of pro-life protestors; such a creditor Schumer amendment would expand the law Intentionally intimidates any person; could make vigorous and continuing efforts by preventing a demonstrator from dis- Intentionally interferes with any person; to collect for as long as the protestor lived. charging a debt (a) based on lesser degrees of Attempts to injure, intimidate, or inter- In most states, the protestor’s home could be cupability, i.e., when the debtor did not in- fere with any person for any of the following seized, his wages could be garnished, his fi- tend or cause injury to person or property, reasons—

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.024 H14PT1 H8746 CONGRESSIONAL RECORD — HOUSE November 14, 2002 Because that person is or has been obtain- ruptcy protection for debt from some broad- est bill that will enrich lenders at the ing or providing lawful goods or services; er category of injury or conduct, it is un- expense of families, jobs and small To intimidate that person from obtaining clear why that penalty should assume a businesses and will force many busi- or providing lawful goods or services; or form, as this amendment does, that in prac- nesses into liquidation and job destruc- To intimidate any other person or class of tical terms will be used only or primarily to persons from obtaining or providing lawful deprive demonstrators, not others, of bank- tion instead of reorganization and sur- goods or services. ruptcy protection—unless, of course, the in- vival. Whatever Members may have (2) the debtor’s violation of any Federal or tent were to punish or chill speech, which is thought of this legislation in the past, State statute resulting from intentional ac- constitutionally impermissible. I hope they will take a very careful tions of the debtor that— To say that a demonstrator can avoid the look at the bill we have before us today Intentionally damage or destroy the prop- problem by not violating an order or statute and think about what has happened erty of a facility because it provides lawful misses the point. The point is not to absolve since this bill was first proposed 5 goods or services, or unlawful conduct, but to fashion criminal years ago and since it was really de- Attempts to damage or destroy the prop- and bankruptcy penalties that are propor- erty of a facility because it provides lawful tionate to the gravity of the offense and the bated on the floor at great length and goods or services. degree of injury and culpability—precisely people may have made up their minds. (3) a violation of a court order protecting what the law has traditionally done when as- We know that the lenders who have access to a facility or person that provides sessing penalties. A minor or technical viola- been demanding this bill, the big credit lawful goods or services, or that protects the tion of a trespass statute resulting in no ac- card companies and the big banks, are provision of such goods or services, if— tual harm to person or property would hard- highly profitable. They are making big The violation is intentional or knowing, or ly seem the sort of conduct that should trig- money off our constituents with high The violation occurs after a court has ger the severe nondischargeability penalty found that the debtor previously violated interest rates that have not come down that this amendment would impose. with drops in bankruptcy or the prime such a court order, or any other court order Perhaps even more significant is the risk protecting access to the facility or person. that the amendment will chill lawful con- rate. The prime rate is the lowest it The Schumer amendment does not require duct. The amendment includes an exception has ever been. Have credit card interest an intentional injury. Parts 1 and 2, dealing for expressive conduct protected from legal rates come down? with violation of federal or state law, require prohibition by the First Amendment, but My colleague from the State of Vir- only an intentional act. The phrase that does not change what the bill does or its ginia says that there is a hidden tax of ‘‘intentionally injure, intimidate, or inter- likely chilling effect on protesters. Congress $400 per family because of deadbeats fere with’’ does not require intentional in- already lacks the power to prohibit conduct who do not pay. That is nonsense. What jury because the word ‘‘or’’ is used. Part 3 re- that is protected from prohibition by the quires only an intentional or knowing viola- he is really saying is that the credit First Amendment, and no bill can change card companies would lower their in- tion of a court order, or a second violation of that, yet anecdotally we hear of instances in a court order, intended or not. The amend- which people decline to participate in legiti- terest rates if this bill passed. The ment would therefore expand existing law by mate pro-life demonstrations because of con- prime rate has gone down by 8 or 9 stripping pro-life demonstrators of bank- cerns about liability. Those concerns are not points. Have the credit card companies ruptcy protection for injuries they did not exaggerated give present misuse of the fed- lowered their interest rates? Credit intend, or only attempted but did not cause. eral racketeering statute. People should not card companies will never lower their Indeed, the amendment does not even require have to fear putting their assets at risk sim- interest rates because it is an oligop- any injury in the sense of actual damage to ply by doing what the Constitution permits. person or property. It would remove bank- olistic business and they gouge from The amendment, in my view, is likely to the people what they can gouge. ruptcy protection in cases where there is nei- heighten that fear and further deter legiti- ther damage to person or property nor any We know that many large banks have mate and lawful protest. played a role in some of the more egre- intent or attempt to cause such damage. MICHAEL F. MOSES, The amendment is not limited to violent Associate General Counsel. gious financial scandals that have crime. Physical obstruction or violation of a robbed workers and investors of their Mr. FROST. Mr. Speaker, I yield 10 court order is sufficient to trigger the life’s savings and their jobs. We know minutes to the gentleman from New amendment. No crime is necessary, only vio- that this bill which serves their inter- York (Mr. NADLER). lation of some federal or state statute (not ests and their interests only will make necessarily a criminal statute) or court Mr. NADLER. Mr. Speaker, I rise it easier for these same large institu- order. today in opposition to this rule. For tions to squeeze small debtors even It seems likely that the amendment will my colleagues on both sides of the aisle more, to squeeze small businesses even have a disproportionate impact on pro-life who have profound concerns about this more, to place outrageous and undue demonstrators and be invoked most fre- bill, I hope that you will realize that quently against them. Though broader in its pressure on people to give up their the crucial vote will be on the rule, not current form, the amendment is based on right to a fresh start, and to make even the bill. Because the rule is where it FACE and substantially tracks it. For the larger profits at the expense of the will have real effect. most part, other federal crimes are not im- most vulnerable. plicated. The amendment uses the phrase There are many reasons to oppose ‘‘physical obstruction,’’ for example, which this bill. This bill is opposed by almost b 1530 appears nowhere in the federal criminal code all bankruptcy professionals, people We know that the millionaires ex- except in FACE. Words like ‘‘intimidate’’ ap- who know anything about bankruptcy. emption, the unlimited homestead ex- pear elsewhere in the code, but usually not It is opposed by organized labor, by al- emption in six States, will not be in reference to the receipt or provision of most every women’s group, by chil- goods or services. Most federal crimes do not changed, will not be capped. The bill carry a civil remedy; FACE does. Thus, the dren’s advocates, by every consumer will only limit that outrageous loop- Schumer amendment is carefully designed to group, by civil rights organizations, hole that allows one to put all of one’s impact demonstrators. There may be other and by most bankruptcy scholars. It is money into one’s mansion, go bank- instances in which the amendment would be supported and is being pressed forward rupt, and still have $10 million in the theoretically applicable (e.g., environmental by a coalition of banks, credit card mansion, and this bill will limit that protestors who disrupt logging operations), companies and other business interests only if a wealthy debtor manages to but abortion seems the most common in- who want to profit exorbitantly at the get found guilty of a specific type of stance in which the targets of protest regu- expense of families and small busi- larly allege interference with their business fraud or of a limited number of crimes and often seek large judgments against their nesses at a time of crisis. or the most extreme torts resulting in adversaries. It is shocking that at a time when serious physical injury or death. It The amendment seems unfair not only be- the American people are rightly out- does nothing, let me say that again, cause it has the practical effect of singling raged at the illegal and unethical this bill does nothing about a multi- out demonstrators, but because those dem- machinations of many in corporate millionaire who wants to shield mil- onstrators, like others, are presently subject America, at a time when thousands of lions of dollars in assets from creditors to the nondischargeability of debts for inten- Americans are losing their jobs, at a in a mansion, whether those creditors tional injuries. Present exceptions to time when many businesses large and dischargeability for particular crimes gen- are small businesses or other lenders or erally involve intentional financial wrong- small are in bankruptcy trying to stay in some cases the taxpayers. But the doing or conduct in which the debtor created alive and reorganize and preserve jobs, small debtor, him we will get. a grave and unjustifiable risk to human life. it is shocking that we would even be What this bill will do is squeeze the Had Congress intended to remove bank- considering this kind of a special inter- more than 11⁄2 million Americans who

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.028 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8747 each year get in over their heads and We will be told that this bill does not from Iowa to do this, yet there is noth- need to reorder their finances, pay off affect families with incomes below the ing in this bill to protect workers from as much of their debts as they can and median income. That is not true. Read corporate wrongdoing. And if they are then start over. These small debtors, the bill. It still allows landlords to victims of corporate wrongdoing, we the ones who do not have huge man- evict people below the median income are going to sock them in the teeth sions in Texas or Florida, will be more easily. It still allows creditors to with this bill. They have to take a squeezed beyond the breaking point by bring abusive and coercive motions number behind the crooks and behind the draconian provisions of this bill. against people below the median in- the banks and the law firms. Let me repeat that statistic. Last come more easily. It still exempts This bill is part of the trifecta that year there were a million and a half in- many creditors from the application of we are giving businesses to make up for dividual bankruptcies. The proponents the bankruptcy rule that prohibits the accounting reform that was passed of this bill will tell us that that is a abusive and coercive motions even because of public outrage. We should sign that we need to change the system against people below the median in- not sacrifice our constituents to the and allow the banks and the credit card come. It still makes it harder to save special interests at a time when they companies to squeeze families even the family car in bankruptcy, and it are hurting worse than at any time in harder so fewer people will go into will make it easier to force many small a decade. I urge a no vote on the rule. bankruptcy. But there is another way businesses into liquidation and thus I urge a no vote on the conference re- to look at this. These million and a cost jobs instead of allowing those port. And with a no vote on the rule we half Americans every year who file for businesses to reorganize and survive. If would have a chance of taking a fresh bankruptcy are not crooks. Ninety per- my colleagues think this will not hurt look in, I might remind my colleagues, cent of the people who filed for bank- families at all income levels, I have a a Republican House and Senate next ruptcy did it either because they were few bridges I want to sell them. January, a fresh look at this bill and laid off from their job, they got di- I want to remind my colleagues that see if we really want to say to the low vorced, or they had a medical emer- chapter 7 is no walk in the park. It re- income people and the middle income gency. They are in bankruptcy because quires a debtor to liquidate all his or people in this country we are going to they lost jobs, because Congress failed her assets and repay as much of their sock them in the teeth. I urge a no to enact an adequate national health debts as they can. A secured loan such care insurance program, because Con- vote on this rule, and I thank the gen- as a home and a car must still be paid gress failed to provide a prescription tleman for yielding me this time. off or the debtor loses the property. Mr. SESSIONS. Mr. Speaker, I yield 2 drug benefit program, because people minutes to the gentleman from Indiana lost their retirement savings because Bankruptcy never relieves one of that they invested in Enron, because Con- obligation, and the bankruptcy stays (Mr. PENCE). (Mr. PENCE asked and was given per- gress allowed their unemployment in- in their credit report for years and im- mission to revise and extend his re- surance to run out, because Congress pacts their ability to borrow money in marks.) voted to ship their jobs overseas, or for the future and their ability to get a job Mr. PENCE. Mr. Speaker, I rise with a variety of other misfortunes. Yet our or rent an apartment. Even a debtor a very heavy heart today to oppose this answer to them is not to give them a witness called by supporters of this bill rule, and I must confess to being a bit helping hand in crises but to make complained that she had these prob- befuddled to this very hour. I am a things even harder for them. Is that lems after she filed for chapter 7. Member of this institution, like many, what we are going to offer them? Is And the bill rewrites chapter 13. Even who supported the outstanding work that going to be our answer? That is though two-thirds of the people who that this Chamber did on bankruptcy unconscionable. voluntarily go into chapter 13 and had The so-called means test in this bill promised to repay a portion of their reform, and it was politicized in the would hold people to what the IRS says debts failed to do so. They cannot conference committee by the efforts of they would need to live on even if their make the goals of the plan. This will a Senator that I should not name and actual expenses are higher. That test throw millions of people into chapter whose actions I dare not characterize was so draconian that Congress told 13 involuntarily, and because it will be into what has now become a debate the IRS they should not use it on tax written the way it is written, we will over abortion in a bankruptcy bill. But cheats, but now we are going to let the have many, many debtors who are since it has become that and more to big credit card companies do what we judged too rich for chapter 7 but they the point, Mr. Speaker, it has become a have told the IRS it cannot do. cannot meet the requirements of the debate over the freedom of speech, I This bill would require the courts to bill for chapter 13. They do not have must rise to oppose this rule because I assume that the income of a family in enough money under the means test; so would offer today that the freedom of bankruptcy is what it received in the 6 they are too poor for chapter 13. Too speech and freedom to peacefully pro- months preceding the bankruptcy fil- rich for chapter 7, too poor for chapter test in the United States of America is ing. So if someone got laid off, if they 13. They cannot get any relief. They more urgent and more important than are 55 years old and got laid off from cannot go bankrupt. That is absurd. any individual legislation will ever be, their $75,000-a-year middle manage- The bill will make it harder for busi- and I am not alone in thinking of this. ment job at IBM and will never make nesses to reorganize. Think about the Professor Mary Ann Glendon, the $75,000 again, it does not matter. Their large retail chains that are now in Learned Hand Professor of Law at Har- income must be assumed to be $75,000 bankruptcy. Landlords will be able to vard University, supports the view that even though they are now only making shut down the reorganizations and this legislation will provide a chilling $25,000. It does not matter what the fu- have an absolute veto power over the effect on the exercise of pro-life ture holds. If someone once made planning process. Chains like K-Mart protestors in America. She is joined $75,000, they will forever make $75,000 or the various cinema chains would also in her opinion by the United says the income test that in this bill, have to close hundreds of stores and States Conference of Catholic Bishops and the judge has no discretion about eliminate thousands of jobs instead of that argues ‘‘The current language on that. It ignores the facts in reality. reorganizing. protestors in the bankruptcy bill will Many people in this economic climate What this bill does not do is protect be used to impose another layer of pen- will be in bankruptcy precisely because workers who lose their wages or their alties upon protestors whose only of- they lost the jobs that used to pay retirement savings or their jobs be- fense was to place their bodies in the them a good income. Even still, if a cause of corporate malfeasance and path of those who take innocent chil- family in crisis is found to be able on bankruptcy. There have been a number dren’s lives,’’ saying that the intent of the basis of this ridiculous means test of proposals by the distinguished gen- the provision is clear. And even the to pay as little as $100 a month for the tleman from Massachusetts (Mr. Family Research Council, calling that next 5 years, they will be denied chap- DELAHUNT), the lead sponsor of this provision morally bankrupt, said it was ter 7 relief. They will be branded by the bill, the gentleman from Pennsylvania ‘‘plainly an attempt to silence by in- law as abusers of the bankruptcy sys- (Mr. GEKAS), by the junior Senator timidation those who would participate tem. from Missouri and the junior Senator in legitimate nonviolent protest.’’

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.022 H14PT1 H8748 CONGRESSIONAL RECORD — HOUSE November 14, 2002 Where the first amendment is con- other nonviolent activities could be inter- debt; mind, we said, over a period of cerned, prudence dictates caution, Mr. preted as federal offenses. years, but yet the opportunity to re- Speaker, and I urge a no vote. We’ve seen this strategy from Mr. Schumer gain some of the losses that the gen- Mr. FROST. Mr. Speaker, I reserve before. As a Congressman back in 1994, he eral public would encounter if this in- successfully navigated into law the Freedom the balance of my time. of Access to Clinic Entrances Act. Like his dividual were allowed not to pay any- Mr. SESSIONS. Mr. Speaker, I yield 2 current proposal, FACE uses vague termi- thing back. So those two principles minutes to the gentleman from Mis- nology to group together violent and peace- have guided us right down to this mo- souri (Mr. AKIN). ful protests for purposes of meting out fed- ment here on this floor. (Mr. AKIN asked and was given per- eral punishment. Under FACE, a first-time The other point that has to be made mission to revise and extend his re- offender convicted of ‘‘interfering with’’ or in support of the rule and the bank- marks, and include extraneous mate- ‘‘intimidating’’ a clinic patron is subject to a ruptcy reform measure that underlies rial.) $10,000 fine and six months in jail. No doubt, the rule is the fact, as was mentioned when civil rights protestors occupied seg- Mr. AKIN. Mr. Speaker, America regated lunch counters, they intimated by both gentlemen from Texas in their does not have many home grown ter- many. Still, the law managed to distinguish opening remarks, that this measure rorists, and that is because we have a between civil disobedience and militancy. over 5 years has enjoyed tremendous first amendment. Unfortunately this All their talk about deterring violence not- bipartisan support, gaining over 300 bill before us does terrible damage to withstanding, the Senator and his supporters votes each and every time that it has the first amendment that our fore- are well aware that someone lunatic enough come to the floor. Three hundred votes fathers and all of us have stood so to bomb a building is unlikely to change his by any magician’s count can determine bravely for in the past. In summary, a mind due to adjustments in the bankruptcy through that number by itself that this code. But someone planning to distribute Harvard law professor says that this is adoption pamphlets outside a clinic, or par- was a bipartisan approval of the legis- the financial death sentence for peace- ticipate in a prayer vigil on a public side- lation, and it also is bicameral in dif- ful protestors. walk, might very well have second thoughts ferent stages at different times, but by I recall so many years ago on a cold if a civil fine could cost him his home. the time we came to this floor today it street standing with a sign and I recall Congress is set to revisit the issue when it was bipartisan in nature. this woman that was going in to con- returns next month. Mr. Schumer insists I thank the gentleman for yielding sider getting an abortion or not, and I that he ‘‘is wholly committed to passing a me this time. felt completely inadequate but I told bankruptcy bill.’’ Don’t believe it. If he were Mr. FROST. Mr. Speaker, I yield 5 true to his word, he would removed his her that we would help her with serv- amendment, allow the bankruptcy bill to minutes to the gentlewoman from ices if she decided to keep her child. pass, and reintroduce his abortion provision Texas (Ms. JACKSON-LEE). Today that child is probably now try- as a separate piece of legislation. (Ms. JACKSON-LEE of Texax asked ing to practice to get a driver’s license. But Democrats know that it’s Republicans and was given permission to revise and I can never support a rule or a bill on who are more likely to be blamed if bank- extend her remarks.) ruptcy reform dies. Watch for Mr. Schumer this floor which would have effectively b 1545 imposed a financial death sentence on to keep his poison pill in place right through somebody who is merely standing on a November and continue presenting his ob- Ms. JACKSON-LEE of Texas. Mr. structionism as ‘‘a victory for women.’’ It sidewalk trying to help save a life. Speaker, just a couple of weeks ago, an certainly won’t hurt his fund raising. unspeakable tragedy hit not only this [From The Wall Street Journal, Aug. 15, Republicans, nonetheless, would be wise to 2002] wait him out. The issue here is not abortion Congress, but it hit this Nation. That was the loss of Senator Paul Wellstone, BANKRUPTCY AND ABORTION—II so much as free speech. Using violent extremists as straw men, liberals are hoping to his wife and daughter, staff and others We’ve written before about Senator who traveled with him on that fateful Charles Schumer’s not-so-magnificent obses- snatch a formidable tool of protest from the sion with abortion and bankruptcy. He’s at it opposition. Their efforts should be resisted day. We lost a warrior who was not again. The New York Democrat continues to on principle. afraid to speak for the voiceless and play abortion politics with a promising Mr. FROST. Mr. Speaker, I reserve those that could not be heard. bankruptcy bill. the balance of my time. So I stand here today unabashedly The legislation in question passed both the Mr. SESSIONS. Mr. Speaker, I yield 2 opposed to this conference report and House and Senate in 1998 with bipartisan, minutes to the gentleman from Penn- this rule; and I believe Senator veto-proof majorities. The bill would make it sylvania (Mr. GEKAS), a champion of WELLSTONE would not mind me stand- more difficult for borrowers to file for banking in respect and admiration for his ruptcy and thus evade debts that they can this bill. afford to pay. Banks, which lose millions of Mr. GEKAS. Mr. Speaker, I thank fight, for it was his unrelenting work dollars each year to these Chapter 7 filers, the gentleman for yielding me this in the other body that caused this issue favor the measure for obvious reasons. But time. to remain in the forefront, that al- consumers also stand to benefit from a When we began this odyssey on bank- though the representation of this legis- crackdown, since they’re the ones burdened ruptcy reform some 5 years ago, we lation is what many of us would have with higher fees and interest rates to com- began with two staunch principles wanted it to be, a respect for consumer pensate lenders for revenue lost through de- guiding our pathway. One was to guar- interests as well as fiscal responsi- faults. antee that those who are so overbur- bility, it is a stomping out of the rights Congress passed the latest version early last year and it would be law today save for dened, so swamped, so flooded with fi- of the poor who cannot speak. Mr. Schumer, whose agenda-laced rider on nancial obligations that they could no For anyone to say that people go abortion has mired the bill in conference longer make their way into our soci- happily into the bankruptcy court, I ever since. His amendment would prevent ety’s ways that they would be given take issue, for the facts will prove out pro-life activists, and only them, from using the ample opportunity for a fresh start. that those who file bankruptcy, the bankruptcy to avoid paying fines. The provi- That is what bankruptcy is all about. bulk of Americans who file bank- sion, said Mr. Schumer, ‘‘ensures those who We guaranteed it and expanded it. As a ruptcy, are faced with catastrophic ill- use violence to close clinics can’t use bank- matter of fact, it can be said that nesses; or the elderly, who have fallen ruptcy as a shield.’’ But no anti-abortion protestor has every someone seeking a fresh start today upon hard times because of their ill- succeeded in doing such a thing. Current law, under the bankruptcy reform that we ness; divorcees; single parents; individ- which already prevents people from using want to put into the law would have an uals who have been laid off and now bankruptcy to avoid paying fines related to easier time than the current law. So face the economic hard times of this violence, makes the Schumer rider redun- for that purpose alone we should be Nation, the very people right now who dant. The Senator’s real targets aren’t vio- supporting this legislation. are now facing 5 and 6 percent unem- lent protestors of abortion but peaceful ones. The other principle was and is that ployment; the airline industry employ- And the unspecific language in his proposal— those who do approach the possibility ees who lost their jobs after 9–11; the ‘‘physical obstruction,’’ ‘‘force or the threat of force’’ and other pliable expressions for of repaying some of the debt should be small business owners who collapsed in enterprising litigators—is a bald attempt to accorded a mechanism by which they New York after 9–11. Those are who file blur any legal distinction between the two. can repay some of that debt over a pe- bankruptcy. Yet we have determined As it’s written, vigils, sit-ins, picketing and riod of years. Mind, we said, not all the that these are the very individuals that

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.024 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8749 we are going to knock outside of the on hard times, who are sincere; and it calendar year 2000 showed that 78 percent of boundaries of having access to the does not address my good friends in the undergraduate students (aged 18–25) have at bankruptcy court. credit union industry, because those least one credit card. This is up from the 67 Let me tell you why. We have tried are the consumers who come every day percent of undergraduates included in a simi- over and over again. Professor Warren to utilize those resources. lar study by Nellie Mae in 1998. In years past, at Harvard University, a specialist in So in the name of women and chil- these same students would not have been bankruptcy law, for the past 5 years dren and hard-working Americans, tax- given credit cards, certainly not without a co- has said the means test is what it is, payers, this bill should not go forward. signer.’’ This is continued evidence that the mean. It does not help my good friends In the name of my dear friend and our credit card industry continues to prey on the in the credit union, because what it friend, Senator Paul Wellstone, who lack of wisdom that many of our nation’s youth does is it puts a barrier, it closes the stood in the other body, standing on have about the burdens of accumulating mas- door, it puts the finger in the dike, if behalf of those who could not speak, I sive amounts of debt. This bill gives them li- you will, for innocent, hard-working am committed to say whatever hap- cense to continue to do so. Americans who simply want to get pens, that we will fight to ensure that This bill also uses an unrealistic inflexible themselves in order. It puts a means the bankruptcy laws of this Nation do formula to determine who is eligible for Chap- test in front of those who seek to enter not stand as a barrier to those who ter 7 bankruptcy relief. The measure uses In- the bankruptcy court; and as well, if have worked and upon whose shoulders ternal Revenue Service guidelines to deter- you want to fight the issue, you must we have stood and built this economy. mine what expenses a consumer has as op- take monies that you do not have and I can stand and say with all emotion posed to using the debtors actual living ex- go into a Federal Court to go and be that anyone who views these pas- penses. The effect of this is to render many able to dismantle that particular sionate words as ones that cause them debtors ineligible for relief under Chapter 7 means test. great discomfort, that is the purpose of bankruptcy by estimating their living expenses It argues against the mindset to sup- these words, because the voiceless can- as much less than they actually are. The for- port our children, for it promotes cred- not speak today. mula also uses the debtors prior six months it card debts and other debts over the The issue of bankruptcy reform has been a income to calculate what the debtor will have ability to pay your child support pay- heated topic of debate in this body since the available to pay creditors even if that income ments. We have argued over and over first session of the 105th Congress, when is no longer available. The only way for the about this, and it has not been fixed. shortly before the National Bankruptcy Review debtor to change these assumptions is to go This is a bill that does not address Commission issued its report recommending into court. Let me ask you Mr. and Ms. Amer- the tragedy that I had in my commu- changes to the current bankruptcy laws; legis- ica, what person seeking bankruptcy can af- nity, Mr. Speaker, and that is the col- lation was introduced to dramatically change ford to go to court and litigate the matter. The lapse of Enron. This bill does not ad- the way in which consumer bankruptcies are prospect of this expense alone is enough to dress the tragedy of Cathy Peterson administered under the U.S. Code, 11 U.S.C. force consumers to take extreme measures in and her husband. I have committed to sec. 101 et seq. We have battled with this order to satisfy their debts. fight until the end so that Cathy Peter- issue until now and we see that the leadership H.R. 333, also places the interests of cred- son’s fight can be heard around the Na- of the House, with a renewed vigor, will force itor over the interest of children. By allowing a tion. a vote on legislation for some of its favorite greater number of non-child support debts to What happened to Cathy Peterson? companies before the irons of the last election survive bankruptcy, the measure diverts more Her husband worked for Enron. While have even cooled and a day before we ad- money to creditors and away from parents he worked for Enron, he was felled, if journ for the year. paying and receiving child support. The bill you will, with a catastrophic illness, Mr. and Ms. America, today is a preview of sets up a competition for scarce resources be- terrible deadly cancer. And while things to come. Today is the beginning of a tween parents and children benefitting from Enron was engaged in its malfeasance, time when corporate interests, in this case the child support both during and after the bank- of course, you realize that Enron filed interests of large creditors, will reign supreme ruptcy. Single parents facing financial crises for bankruptcy, and within 24 hours and the interests of the little guy will slip fur- brought on by divorce, nonpayment of support, 5,000 people were laid off or fired. Cathy ther down to the bottom of the barrel. the loss of a job, uninsured medical expenses Peterson’s husband was one of those. I have consistently said that the greatest or domestic violence will find it harder to re- They had to pay their COBRA insur- challenge before us in the bankruptcy reform gain economic stability through the bankruptcy ance. They lost their home, Mr. Speak- efforts is solving the widely recognized inad- process. er. They lost their home. He was suf- equacies of the law in the area of consumer Many women find themselves as single par- fering from an enormous tragic illness. bankruptcy. As it has always been in the Con- ents and the primary providers for their chil- They lost their home. He was fired. gress, the key to this process, is, of course, dren. As a result women are the fastest grow- While Enron filed bankruptcy, while a successfully balancing the priorities of credi- ing and largest group filing bankruptcy today. corporate structure was allowed to tors, who desire a general reduction in the In 1999, over half a million women filed for stand, the Petersons were knocked off amount of debtor filing fraud, and debtors, bankruptcy by themselves—more than men fil- their feet. who desire fair and simple access to banking by themselves or married couples. Of this So Cathy Peterson has asked us to ruptcy protections when they need them. H.R. number, over 200,000 women who filed for put a provision in that disallows those 333 does not accomplish this goal. Instead it bankruptcy in 1999 tried to collect child sup- who are filing bankruptcy, large cor- runs the interest of consumers into the port or alimony. The domestic support provi- porations, from firing those who are off ground. sions of H.R. 333 does not solve the problems on the basis of catastrophic illnesses. The bill before us today, will break the faced by women in bankruptcy and does noth- We did not address that issue. So in backs of working women, disappoints children, ing to address the additional problems it would Cathy Peterson’s name, this bill should and discourages people who are struggling to cause to the hundreds of thousands of women not go forward. do the right thing to get their lives back in forced into bankruptcy each year, including the We must recognize that in the name order. This is a measure that unfairly subverts single mothers forced into bankruptcy because of those Enron employees who were the interests of consumers to the interest of they are unable to collect child support. laid off, 5,000 of them, who would not creditors—many whoms marketing strategies While women, children, students and the av- have been able to secure a dime of re- target individuals with questionable means of erage working person in America are forced to covery had it not been for the fight of paying back the debt they incur. make more available for creditors to seize in the AFL-CIO, for the fight that I en- During prior consideration of this bill I point- the event of financial difficulty, the bill makes gaged in, for the fight that the Wall ed out the unruly conduct of credit card com- minimal changes to that which the wealthy will Street and Rainbow Push engaged in, panies that target college students with no in- be forced to part with in the same cir- that we were able through the court come knowing that they are vulnerable and cumstance. Although the bill contains some process to get each of them $13,500. likely to charge up significant debts often with- new limits on the once unlimited homestead Some of them still have not recovered, out the knowledge and guidance of their par- exemption, the so-called ‘‘millionaires’ loop- laid off, children coming out of school. ents. ‘‘An analysis [by Nellie Mae], a leading hole,’’ it still allows some rich debtors (those This bankruptcy bill does not address provider of student loans, of students who ap- who have not been found to have committed the needs of Americans who have fallen plied for credit-based loans with Nellie Mae in certain types of wrongdoing, or those who

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K14NO7.026 H14PT1 H8750 CONGRESSIONAL RECORD — HOUSE November 14, 2002 have owned their home in the state longer his act by hiding behind the provisions ing costs at an extremely critical time than 40 months) to protect an unlimited of the bankruptcy act. I think this is for our economy. amount of value in their residences. The entirely proper, because the bank- Our economy needs all the help it can wealthy should not be permitted to walk away ruptcy act was never intended to pro- get. Consumer spending and consumer from their debts and pocket millions, while tect anyone in this situation. credit are key elements of any plan for working Americans get squeezed by a strin- At the same time, it protects the in- economic growth, and bankruptcy gent and inflexible new rule. nocent who are simply exercising their abuse is having such a horrific effect I am for bankruptcy reform, but I believe constitutional rights, who are lawfully on consumers’ finances that if current that it must be equitable and fair to all inter- assembled or expressing their freedom practices continue, approximately one ested parties. I am for bankruptcy reform that of speech. out of seven households will have filed recognizes the financial interest at stake for I urge my colleagues to vote for the for bankruptcy within the past decade. the debtor, his or her family and the creditors. rule and to vote for the conference re- Bankruptcy legislation has been de- As elected officials for the American people port. bated. It has been refined; it has been we must protect America’s families. In this Mr. FROST. Mr. Speaker, I reserve revised and amended for years. It is time when corporations like Enron and the balance of my time. now time for action. Worldcomm have laid off thousands of em- Mr. SESSIONS. Mr. Speaker, I yield 1 Unfortunately, much of this debate ployees, we should at least consider granting minute to the gentleman from Arizona has been focused on the abortion provi- them the priority status they deserve. Under a (Mr. SHADEGG). sions in this bill. I ask my colleagues bill that I had proposed, H.R. 5110, the omni- Mr. SHADEGG. Mr. Speaker, I thank to look at the real effects of those pro- bus Corporate Reform and Restoration Act, the gentleman for yielding me time. visions. They are not effective. They we would have raised the bankruptcy claim for Mr. Speaker, I rise in reluctant, but will not harm lawful protesters. I urge workers from $4000 to $15,000. This would adamant, opposition to this rule. I say my colleagues to support the rule. have ensured that they receive compensation to my colleagues, make no mistake Mr. SESSIONS. Mr. Speaker, I yield 4 as priority creditors for the corrupt actions of about it. The issue before us is not minutes to the gentleman from Indiana corporate malfeasance. abortion, and the issue before us is not (Mr. SOUDER). Financial hardship is a serious matter that bankruptcy. The issue before us today (Mr. SOUDER asked and was given deserves legislative reform that is the product is very important. It is the constitu- permission to revise and extend his re- of a deliberative process. This bill, is an ex- tional right of free speech and peaceful marks, and include extraneous mate- treme bill undertaken at the behest of special protest. rial.) interest groups. We must protect working— Mr. Speaker, this rule is an unprece- Mr. SOUDER. Mr. Speaker, I rise class families. We must work to find a viable dented and shameful attack on the deeply disappointed. I am a strong sup- solution that deters abuse of the bankruptcy right of free speech and peaceful pro- porter of bankruptcy reform. I was a system while preserving the fresh start for test. It does not matter where you former retailer and business person, debtors whose debts have been discharged. It stand on abortion; you should oppose and many of my supporters are in sup- is ironic that the consumer lending industry ac- this rule and you should oppose this port of this. I cannot believe that we tively solicits consumers with promises of easy legislation. If we pass this legislation, are here on the floor debating this access to credit. We all know the pitches: what we will be doing is for the first today and that this bill has been ‘‘buy-now, pay later;’’ ‘‘No interest expenses time in American history creating two brought up. for the first six months/year etc;’’ ‘‘No credit categories of free speech, two cat- We are likely to hear in the closing check, your job is your credit.’’ Then, after ad- egories of peaceful protest: one pro- remarks from some of our leadership dicting debtors to this ‘‘financial crack’’ lenders tected by our laws and one not pro- that this does not apply to pro-lifers come to us begging for reform. Surely lenders tected. We will be saying that, based on and it does not sit on free speech. I bare some culpability for these beguiling and content of your protest, you are either think they are terribly wrong, and they misleading advertising blitzes which entice in- protected by our law or not protected. put many of us in deep conflict in try- dividuals who might not otherwise qualify or It does not matter where you stand ing to defend civil liberties and, at the apply for credit. Surely they have some roll to on the abortion law. If you care about same time, reform bankruptcy; and play in the unprecedented levels of American the right of peaceful protest, if you be- many of us are deeply disappointed in debt. lieve in the right of people to exercise our leadership that this bill has come Congress has a time honored tradition of their constitutional first amendment forth. careful consideration of bankruptcy laws dat- rights, you must defeat this rule and I think many Americans around the ing back 100 years. In the past members of we must go back and do this legislation country, as nearly every pro-family this body have elected to carefully preserve an again. Those who honor the right of and pro-life group in America, has insolvency system that provides for a fresh free speech, those who honor the right stood arm in arm against this bill. Na- start for honest, hard working debtors, protects of peaceable protest must understand tional Right to Life, which does not small businesses and jobs, and fairly balances this is a fundamental assault on the take positions on issues such as this, is the rights of debtors against the rights of Constitution of the United States. about the only one, and it does not creditors. This measure is an unfortunate de- I urge the defeat of both the rule and mean that they favor the bill; it just parture from this tradition and places the fi- the underlying legislation. means they are silent. nancial well being of the American people in Mr. SESSIONS. Mr. Speaker, I yield This is going to be double-scored if harms way. I oppose this legislation and urge 11⁄6 minute to the gentlewoman from the rule passes, and many Members are my colleagues to do the same. Pennsylvania (Ms. HART). going to have their ratings go down Mr. SESSIONS. Mr. Speaker, I yield 1 Ms. HART. Mr. Speaker, I rise in sup- among conservative groups, as well as minute to the gentleman from Ten- port of the rule for bankruptcy reform. liberal groups, permanently, because nessee (Mr. JENKINS). This Congress and prior Congresses they have not listened to their con- Mr. JENKINS. Mr. Speaker, I rise in have been very dedicated to making stituents at the grassroots level and support of this rule. This legislation sure that this country benefits from the organizations that represent them. appears to me to be a compromise that bankruptcy reform and these attempts We are going to hear probably quoted is filled with positive aspects of the have been made to draw up a very good from a memo by Kenneth Starr, who give and take of the legislative process bill. Now we finally have the oppor- has been hired by the business inter- and saturated with the element of com- tunity to finish the job. ests to advocate a position that is mon sense that both sides to this con- Congress has a responsibility to pass manifestly inaccurate in his memo. He, troversy say that they strive to this legislation now and to stop the for example, tries to address the ques- achieve. bankruptcy system’s abusers, those tion and correctly points out that In one aspect that has already been who have actually the ability to repay ‘‘willful’’ and ‘‘intentional’’ are the mentioned, it penalizes the adjudicated these debts but use the current bank- same. But that memo is silent on intentional violator of the law and the ruptcy system as a financial planning ‘‘malicious,’’ and that is a critical, intentional tort feasor and precludes tool. This gaming of the system carries critical point on this. He does not have him from escaping the consequences of too high a cost to consumers, by rais- anything in there on ‘‘malicious.’’

VerDate 0ct 31 2002 04:34 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.009 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8751 The FACE Act makes it a tie; it ties have found violations in peaceful protest that son, 2 F. Supp. 2d 1170, 1171 n.1 (E.D. Wis.), the two together and makes pro-lifers did not actually prevent access to clinics. aff’d as United States v. Balint, 201 F.3d 928 liable in a way that others are not. ‘‘Physical obstruction’’ is defined in 18 (7th Cir. 2000). PETA is not liable. They do not have a U.S.C. § 248(e)(4) to mean making ingress or To sum up, proposed § 523(a)(20) would re- FACE Act. This law focuses on pro-life egress ‘‘impassable . . . or unreasonably dif- enact statutory language that has been inter- demonstrators. Yes, it can reach many ficult or hazardous.’’ What is ‘‘unreasonably preted not to require actual obstruction, has other demonstrators, possibly even difficult’’ has, in the lower federal courts, been interpreted to prohibit a single protestor anti-war demonstrators if they protest sometimes turned out to be remote from phys- kneeling in prayer near an unused exit, and in front of a factory that produces ical obstruction. has been interpreted to treat anti-abortion weapons. Thus, in United States v. Mahoney, 247 statements as evidence of criminal intent. Peaceful protestors. The Mahoney F.3d 279 (D.C. Cir. 2001), the court found These interpretations would almost certainly case, one protester, kneeling in prayer, physical obstruction and interference with ac- be read into § 523(a)(20), and there would be was in front of a locked door, was cess from a single protestor kneeling in prayer a serious argument that Congress had con- found guilty by the D.C. Circuit Court. outside a locked door to an abortion clinic. Id. firmed these interpretations in FACE itself. One kneeling Christian, silently pro- at 283–84. The door was a ‘‘rarely used’’ b 1600 testing abortion, has had the force of emergency exit. The court said that someone law thrown at them. Where are we might have used the door, and that the law Mr. SESSIONS. Mr. Speaker, I yield 1 going in America? does not distinguish frequently and infre- minute to the gentleman from Utah Also in the Starr memo there is an- quently used doors. More remarkable still, the (Mr. CANNON). other false assumption, and that is court held that a single person kneeling in (Mr. CANNON asked and was given that somehow the courts are going to prayer rendered use of that door permission to revise and extend his re- interpret this separate from the same- ‘‘unreasonably difficult’’ and forced patients to marks.) as-additional law. The courts never in- use a different entrance. Id. at 284. Mr. CANNON. Mr. Speaker, I rise terpret a new law as redundant. They Mahoney also held that six other defendants today in support of H. Res. 606, the rule assume that we have a purpose. Sen- physically obstructed and interfered with ac- providing for consideration of the ator SCHUMER is correct in saying there cess to another door. The court of appeals’ Bankruptcy Abuse, Prevention and is a congressional intent with this law. entire discussion of this holding is that five Consumer Protection Act Conference The courts will rule that. protestors ‘‘knelt or sat within five feet of the Report. Congress has been working on This is, in fact, a broad expansion of front door,’’ that the sixth defendant ‘‘was pac- balanced bankruptcy reform legisla- the government potentially restricting ing just behind them,’’ and that they ‘‘offered tion for nearly 5 years. The conference civil liberties in all parts of protest, passive resistance and had to be carried report on H.R. 333 reflects countless but particularly those of us who were away.’’ Id. at 283. The court does not even hours of bipartisan efforts. very pro-business, are first and fore- say whether they were arrayed across the This conference report does not pe- most deeply motivated by defending sidewalk or along the sidewalk, whether they nalize any lawful behavior. It only ap- the most innocent of life, the little left a passage open, or any other fact that plies when a person violates the law; children. We are not talking about vio- might to a plain meaning understanding of second, a court then enters an award lent protests. We tried to compromise. ‘‘physical obstruction’’ or to preserving a rea- against that person; third, the person We definitely favor it for violent, but sonable right to protest. It was enough for a later files a bankruptcy other than a peaceful, kneeling prayer should never violation that they were near the door. chapter 13 bankruptcy or liquidation be deprived from civil liberties. Both FACE and proposed § 523(a)(20) are bankruptcy; and fourth, that person I urge my colleagues to carefully consider limited to ‘‘intentional’’ violations, but Mahoney thereafter seeks to discharge a debt those commands from Mary Ann Gloran of the shows that protection to be illusory. The court based on fines or penalties assessed be- Harvard Law School. found specific intent to interfere with access to cause of the unlawful protest activity. Because the proposed language is sub- the clinic, even in the case of the lone This provision is written in an even- stantively identical to FACE, it will be read in protestor praying before the locked door. It re- handed, neutral way. It does not single light of existing decisions under FACE. Exist- lied on the fact that the protestor prayed that out abortion-related protests, but it ing interpretations of FACE will almost cer- women approaching the clinic would change targets any violent protestors of pro- tainly be read into § 523(a)(20). Worse, abor- their mind about getting an abortion; the court viders of any lawful goods or services. tion clinics and their supporters will likely quoted his prayer as evidence of criminal in- It would equally apply to the anti-IMF/ argue that by re-enacting the same statutory tent. 247 F.3d at 283–84. To similar effect is World Bank protestors who threw language, Congress has approved existing de- United States v. Gregg, 32 F. Supp. 2d 151, rocks through the window of the bank cisions and those confirmed their status as 157 (D.N.J. 1998), aff’d, 226 F.3d 253 (3d Cir. and attempted to impede delegates valid and appropriate interpretations of FACE 2000), cert. denied, 523 U.S. 971 (2001). from entering the World Bank’s head- itself. This is a critical point, because existing Gregg had much more evidence of actual ob- quarters. It could also apply to similar interpretations of FACE in the lower courts, struction than Mahoney. Even so, the Gregg protests by animal rights activists, en- extraordinarily favorable to the abortion clinics court relied on defendants’ ‘‘anti-abortion vironmentalists, and unions. and their supporters, have not yet been ac- statements, including imploring women not to As a committed pro-life Member of cepted or rejected by the Supreme Court of go into the clinic or not to kill their babies,’’ Congress, I am satisfied that the com- the United States. Congressional passage of and on the fact that defendants ‘‘carried anti- promise does not impose unconstitu- proposed § 523(a)(20) could figure prominently abortion signs,’’ as evidence of forbidden in- tional or discriminatory burden upon in eventual Supreme Court arguments on the tent. The government in these cases has of- peaceful pro-life protestors. I want to interpretation of FACE, lending plausible sup- fered evidence of opposition to abortion as thank the chairman, the gentleman port to the worst interpretations of that statute. evidence of specific intent to obstruct access, from Wisconsin (Mr. SENSENBRENNER) I will not consider in this opinion letter the and the courts have relied on this evidence for for his leadership on this issue, and I interpretations of ‘‘force or threat of force,’’ that purpose. Clinics and their supporters urge my colleagues to support the rule ‘‘intentionally injure,’’ or ‘‘intimidate.’’ Some in- would of course argue that Congress has and the underlying bill. terpretations of those provisions have been codified these holdings if it enacts proposed Mr. SESSIONS. Mr. Speaker, I yield 3 surprisingly expansive, but those forms of pro- § 523(a)(20). minutes to the gentleman from New test are not the issue for most protestors. The Courts have emphasized that FACE plain- Jersey (Mr. SMITH). real work of FACE, and of proposed tiffs need not prove actual obstruction. ‘‘It is Mr. SMITH of New Jersey. Mr. § 523(a)(20), is in the provisions that target not necessary to show that a clinic was shut Speaker, I thank the gentleman for anyone who ‘‘by physical obstruction . . . down, that people could not get into a clinic at yielding me this time. interferes with . . . or attempts to . . . inter- all for a period of time, or that anyone was ac- Mr. Speaker, again, I want to reit- fere with’ interfere with’’ access to a clinic. tually denied medical services.’’ People v. erate, I rise in very strong opposition Each of these terms has been construed or Kraeger, 160 F. Supp. 2d 360, 373 (N.D.N.Y. to this rule and to the underlying bill defined to mean more than first appears. No 2001). Plaintiffs need not ‘‘show that any par- that will follow it if the rule does pass. actual interference, and no actual physical ob- ticular person was interfered with by the de- Let me again point out that this struction, is required for a violation. Courts fendants’ obstruction.’’ United States v. Wil- bankruptcy reform conference report

VerDate 0ct 31 2002 04:52 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.028 H14PT1 H8752 CONGRESSIONAL RECORD — HOUSE November 14, 2002 contains an unrelated provision that clinic, for example, would be non- testers who apparently threw rocks through was not included in the bill that passed dischargeable under this legislation. the window of a bank and attempted to im- out of this body that discriminates So to say section 330 is evenhanded pede delegates from entering or departing against peaceful, pro-life protestors, when the underlying statute is applied the World Bank’s headquarters. So too, it would apply to similar protests by animal and that is why I oppose this. unevenly to pro-lifers versus all other rights activists, environmentalists, and Mary Ann Glendon wrote an incisive activists is unmitigated nonsense, and unions. analysis that every Member should again I am very discouraged that Mr. It bears emphasis that the Conference com- read. The Catholic Conference has put Starr would put out such a misleading promise bill represents a substantial im- out a very strong statement pointing memo. provement over the original Senate bill. out how unjust this language is. This Vote ‘‘no’’ on the rule. Under the Senate bill, debt related to an takes the FACE bill passed back in 1994 Mr. FROST. Mr. Speaker, I continue unproven allegation of ‘‘harassment,’’ or an to reserve the balance of my time. unintentional violation of a court order, over the opposition of my good friend, could have been nondischargeable. In con- the distinguished chairman of the Com- Mr. SESSIONS. Mr. Speaker, I yield 6 trast, under the Conference compromise, mittee on the Judiciary, the gentleman minutes to the gentleman from Wis- there must have been an actual and inten- from Wisconsin (Mr. SENSENBRENNER) consin (Mr. SENSENBRENNER), the chair- tional ‘‘violation’’ of either the federal Free- and myself, and makes it even worse by man of the Committee on the Judici- dom of Access to Clinic Entrances Act, 18 making civil fines that are levied non- ary. U.S.C. § 248 (‘‘FACE’’), or a court order. dischargeable. (Mr. SENSENBRENNER asked and These significant improvements over the Much has been made about the Starr was given permission to revise and ex- now-replaced Senate version are some of the reasons that Section 330 will not have sig- memo, which I would respectfully sub- tend his remarks.) nificant practical or legal effect in light of mit misses the point by a mile and is Mr. SENSENBRENNER. Mr. Speak- the state of existing law. unworthy of Ken Starr. He argues, for er, before I begin my remarks, let me Section 330 is primarily a restatement of existing example, and the gentleman from Utah insert for the RECORD the memo writ- law (Mr. CANNON) made this point a mo- ten on October 4, 2002 by the Honorable Section 330 is primarily a restatement of ment ago, that rigorous intent require- Kenneth Starr addressed to Mr. existing law. The Bankruptcy Code has long ments; i.e. law-breaking, are included BARTLETT of the Financial Services provided that any debt ‘‘for a fine, penalty, in the conference report. Martin Lu- Roundtable, since the gentleman from or forfeiture payable to and for the benefit of ther King was an intentional law New Jersey (Mr. SMITH) has repeatedly a governmental unit’’ is not dischargeable in breaker. We rightly honor him with a referred to it. bankruptcy. 11 U.S.C. § 523(a)(7). As a result, criminal fines and civil penalties payable to Washington, DC, October 4, 2002. national holiday. A tremendous man the government are already nondischarge- Hon. STEVE BARTLETT, who went to prison—served short pris- able. on sentences—and faced modest and President, the Financial Services Roundtable, The Bankruptcy Code further provides that Washington, DC proportionate penalties in his quest for civil damages payable to private parties are DEAR MR. BARTLETT: This letter responds social justice. For Dr. King, law break- nondischargeable if they result from ‘‘willful to your request for my views with respect to and malicious injury by the debtor to an- ing was a means to an end. Section 330 of the Conference Report on H.R. Pro-lifers, on the other hand, are sub- other entity or to the property of another 333, the Bankruptcy Abuse Prevention and entity.’’ 11 U.S.C. § 523(a)(6). The courts have jected to ruinous penalties for the Consumer Protection Act of 2002. In par- interpreted this language broadly to include same acts of civil disobedience. Non- ticular, you requested my view concerning injuries to intangible personal or property violent civil disobedience, obstruction, two aspects of Section 330: the effect it will rights. See 4 Collier on Bankruptcy T 523.12[2] getting in the way, as was mentioned have on anti-abortion protests, be they law- (15th ed. rev. 2002). As a result, the pivotal by one of my colleagues, kneeling in ful or unlawful; and the effect it will have on limitation on this provision is the intent ele- other types of protests, including the recent ment—a debt is nondischargeable in bank- front of a door, praying at an abortion IMF/World Bank protests. clinic, is construed to be a violation of ruptcy only if the debtor intentionally In my view, Section 330 will have very lit- caused the injury. See Kawaauhau v. Geiger, the FACE Act and then, when the pen- tle practical effect. Importantly, the provi- 523 U.S. 57, 61 (1998). alties are levied, the pro-lifers cannot sion does not penalize any lawful behavior. Our research has revealed that, to date, discharge the ruinous judgements im- To the contrary, it applies only if (i) a per- three courts have issued published decisions posed on them. son violates the law; (ii) a court then enters on the question whether debtors’ abortion Mr. Starr also says that section 330 is an award against that person or the person protest-related debts were dischargeable in evenhanded. That, I say to my col- settles the charges; (iii) the person later files bankruptcy. Each held the debts to be non- a bankruptcy other than a Chapter 13 bank- dischargeable under Section 523(a)(6). See In leagues, is unmitigated nonsense, it is ruptcy; (iv) the person thereafter seeks to misleading, and it is false. Section 330 re Treshman, 258 B.R. 613 (Bankr. D. Md. discharge a debt based on fines, damage 2001); In re Bray, 256 B.R. 708 (Bankr. D. Md. only has the appearance of awards, or other penalties assessed because 2000); In re Behn, 242 B.R. 229 (Bankr. evenhandedness. Other activists, labor of the unlawful protest activity; and (v) the W.D.N.Y. 1999). As one court explained, the activists, antiwar, PETA, all the creditor continues to pursue the matter. debt was not dischargeable because the debt- groups that use civil disobedience as a Even then, Section 330 overlaps almost en- or had acted ‘‘with the specific intent to means of bringing attention to their tirely with Bankruptcy Code § 523(a), which interfere with or intimidate the plaintiffs cause get a slap on the wrist, a 30-buck already prohibits the discharge of fines pay- from engaging in legal medical practices and able to the government and civil damages re- procedures.’’ Bray, 256 B.R. at 711. Each fine, they are out of jail the next day. sulting from intentional injury to others. As Not so for pro-life protestors. They are court also noted that the conduct at issue, a result, Section 330 will have at most mini- which included apparent death threats, was under the FACE Act and are discrimi- mal practical effect. What is more, the Con- unlawful and unprotected by the First nated against and singled out for ference version of Section 330 contains rig- Amendment. ruinous monetary penalties and crimi- orous intent requirements that should pre- Of course, the ultimate issue of nal penalties and, again, we are talking vent any innocent protesters from being dischargeability necessarily depends on the about nonviolent activities. swept up in its provisions. Thus, even if Sec- facts of each case. But Section 330 is drafted Back in 1994 I would remind my col- tion 330 does have some limited practical ef- in such a way that it overlaps with Section leagues I offered the substitute amend- fect, that effect should be felt only by the in- 523(a)(6). Under Section 330, a debt is non- tentional lawbreakers it expressly targets. ment to FACE on the floor that said dischargeable only if the debtor violated ei- In answer to your second question, Section ther FACE or a pre-existing court order or for those who throw bombs or kill at 330 is written in an evenhanded, neutral fash- injunction. abortion clinics, are jailed and appro- ion. It applies not only to abortion-related Under the first of those circumstances, a priately fined. But for peaceful protests, but also to unlawful protests tar- debt is nondischargeable only if the debtor: protestors, those men and women geted at the providers of any lawful goods or (i) intentionally injured, intimidated, or whose only motive is to try to deter an services. By its express terms, Section 330 interfered with a person, (ii) by force, threat abortion, another act of violence, to applies—with no exceptions—to all those of force, or physical obstruction, (iii) be- say there is another way, so they have who unlawfully intimidate or interfere with cause the person was obtaining or providing a person by physical obstruction or threat of any lawful goods or services (such as fur a sit-in. Perhaps they sit in front of a force if those actions were motivated by the products or banking services). Because the door or they have a pray-in. These person’s obtaining or providing of any lawful injury, intimidation, or interference must be things happen all the time. A success- goods or services. Thus, it would apply, for intentional, any such debt would likely sat- ful complaint made by the abortion example, to the anti-IMF/World Bank pro- isfy the existing criteria for

VerDate 0ct 31 2002 04:52 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.047 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8753 nondischargeability under Section 523(a)(6). late a court order that complies with the agreed upon, and that tax hits the poor One might argue that Section 523(a)(6) erects First Amendment. While some such conduct people hardest because that type of a a higher standard than Section 330 because it can be ‘‘peaceful,’’ it is nonetheless inten- tax is regressive. requires ‘‘willful and malicious’’ (as opposed tional conduct that has a physical element We need to pass this legislation to to intentional) injury, but the terms to it (in the case of the FACE statute) or ‘‘intentional,’’ ‘‘willful,’’ and ‘‘malicious’’ that has already been judicially determined prevent bankruptcy from being used as have similar meanings in the law. The Su- to thwart legitimate state interests (in the a financial planning tool. preme Court has held, for example, that case of an existing injunction). Moreover, Now, my friends over here on my ‘‘willful’’ means ‘‘deliberate or intentional’’ peaceful of ‘‘innocent’’ conduct is not likely right claim that this is going to hurt in Section 523(a)(6). Geiger, 523 U.S. at 61. to lead to substantial damage awards that a poor people. That is absolutely not Thus, the Section 330 and 523(a)(6) standards debtor would need to discharge in bank- true, because people who are genuinely appear to be very similar. ruptcy. Instead, the reported cases to date unable to repay their bills will be able The second circumstance under which Sec- have involved much more provocative, high- to get their discharge through chapter tion 330 renders debt nondischargeable is ly aggressive behavior, including perceived 7. But where there is a possibility of when (i) the debtor violated a court order or death threats, ‘‘wanted’’ posters, and the injunction that complies with the First like. For these reasons, it is unlikely that people repaying their bills over a 5- Amendment and protects the provision of anyone other than intentional and deter- year period of time, or some of their lawful goods or services, and (ii) either the mined lawbreakers, no matter how sincere bills, then they have to go through a debtor’s violation was ‘‘intentional or know- the may be, will be affected. reorganization, so that the money is ing,’’ or the violation occurred after the Section 330 is non-discriminatory recouped and not passed on to the con- debtor had previously been found to have sumers. violated the same court order or another In any event, neutrality of operation is the order of the day. Section 330, as I indicated I would point out that if this legisla- order protecting access to the same facility tion goes down, either on the vote on or person. This provision of Section 330 above, applies by its express terms to all might expand somewhat on Section 523(a)(6), those who unlawfully intimidate or interfere the rule or the vote on the conference because a debtor might argue that although with a person by physical obstruction or report, the current homestead exemp- he meant to violate an injunction (such as threat of force if their actions were moti- tion which is unlimited in places like an injunction prohibiting him from ap- vated by the victim’s obtaining or providing Texas and Florida will end up still proaching within 8 feet of a clinic entrance), of any lawful goods or services. Thus, it applies equally and neutrally to unlawful ac- being the law and the corporate crooks he had no intent to intimidate or impede will be able to put millions in their anyone while within the restricted area. tivity directed toward the providers or recipients of all lawful goods or services, not mansions and shield them from bank- Thus far, however, the courts have held that ruptcy. There is a partial plug to pre- damages attributable to violation of a court only abortion-related services. injunction against abortion-related protest The recent IMF/World Bank protests pro- vent people who defraud the public activity are ‘‘ipso facto the result of a vide a useful example of Section 330’s in- from being able to do that, notwith- ‘willful and malicious injury’’’ for purposes tended neutrality. Many protestors, it ap- standing State law. So voting down the of Section 523(a)(6), in part because the vio- pears, attempted to interfere, by physical ob- rule gives the corporate crooks a get- lation reflects an ‘‘intention to cause the struction, with the ability of the IMF/World Bank delegates to attend or leave meetings out-of-bankruptcy-free card. very harm to the protected persons that Now, to my friends over here on my [the] order was designed to prevent.’’ Behn, because they disapproved of lawful services provided by the IMF and World Bank. Other left, we have heard an awful lot of alle- 242 B.R. at 238. While I find this rationale gations that this bankruptcy provision questionable, it reflects the fact that courts protestors reportedly threw rocks through a to date have already used Section 523(a)(6) window of a bank. All of this behavior is cov- that was negotiated between Senator for the same purpose that Section 330 would ered by the plain language of Section 330. SCHUMER and the gentleman from Illi- serve. Thus, Section 330 represents either a Also protected are similar protests by ani- nois (Mr. HYDE) is an outrageous at- restatement of existing law or, at most, a mal-rights activists against stores that law- tempt to financially ruin pro-life modest extension of that law. fully sell fur products and the like; environ- protestors. There is not a person in this mentalists that target oil and other compa- Even if section 330 were interpreted more broad- nies; and some unlawful union strike activ- Chamber that has given his life more ly than the existing nondischargeability ity. As long as an unlawful protest satisfies to the pro-life movement than the gen- provisions of the bankruptcy code, it would the Section 330 criteria, it is covered to the tleman from Illinois (Mr. HYDE), and he still have no effect on lawful protest and lit- same extent as an anti-abortion protest. negotiated this and he signed off on tle effect on unlawful protest Conclusion this agreement, and I think that we Even if courts were to interpret Section 330 ought to respect his work for this pro- more broadly than Section 523, the practical In sum, as modified in conference, Section consequences would be minimal. Section 330 330 is primarily a restatement of existing life movement. does not affect lawful protest at all. Even law. It targets only intentional unlawful ac- We have heard that section 330 of the with respect to unlawful protest, it applies tivity, and even then is not likely to have bill is an outrageous trampling of first only if: a person committed an intentional significant practical effect. To the extent amendment rights. Let me read it for violation of the federal FACE statute or a that it does have such effect, Section 330 will my colleagues. pre-existing court order or injunction; a apply neutrally and evenhandedly to anti- It says, ‘‘Except that nothing in this court entered an award against that person, abortion protests and other protests aimed paragraph shall be construed to affect or the person settled the charges; the person at business establishments. While there is, to be sure, some risk that a any expressive conduct, including later filed bankruptcy other a Chapter 13 peaceful picketing, peaceful prayer, or bankruptcy; the person would otherwise be court might construe the statute unreason- entitled to discharge a protest-related debt ably, the conference minimized that risk by other peaceful demonstration pro- in bankruptcy, notwithstanding Section drafting the statute clearly. To provide fur- tected from legal prohibition by the 523(a) and the Bankruptcy Code’s other exist- ther protection, however, one of the sponsors first amendment of the Constitution.’’ ing limitations on dischargeability; and the of the legislation (or another Representa- Read the bill. It does not affect first creditor continued to pursue the matter. It tive) might consider making a statement of amendment rights. They are protected would appear that very few, if any, people intent on the House floor. While courts vary by the Constitution, and the black and in their treatment of such statements, some will fall into this category. As noted above, white text of this provision protects we have found only three reported cases in judges give consideration to floor statements, especially those made by a sponsor of things that are protected by the first which people challenged the dischargeability amendment. of abortion protest-related debt, and in each the legislation. As a result, a suggested floor instance the court held the debt was non- statement is attached to this letter, for such We have heard about the infamous dischargeable under existing law. Thus, Sec- consideration as may be deemed appropriate. Starr memorandum. A part of that tion 330 would have had no effect in any of Sincerely, says that section 330 does not affect the reported cases to date. KENNETH W. STARR. lawful protest at all. What it does do is Even if a small number of protesters are Mr. Speaker, I rise in support of the affect unlawful protest. And you are on affected by Section 330, the Conference rule and the underlying bill. This is es- the side of people who break the law, version of the bill seeks to ensure that sential bankruptcy reform which will who want to break the law. What we do ‘‘innocent’’ protestors will not be affected. help revive our economy. As explained above, Section 330 applies only here is we protect people who want to to those who either (1) intentionally injure, In 1998, $40 billion of debt was written abide by the law. intimidate, or interfere with a person by off, and that amounts to a hidden tax Now, in order for section 330 to come force, threat of force, or physical obstruc- of $400 for every family in this country into play, there have to be nine steps tion; or (ii) intentionally or repeatedly vio- who pays their bills on time and is that are done by the person whose debt

VerDate 0ct 31 2002 04:52 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.016 H14PT1 H8754 CONGRESSIONAL RECORD — HOUSE November 14, 2002 is to be declared nondischargeable, and properly. So I support not only this And yes, because of a provision that I want to go through them. rule, but the underlying legislation. was put into this bill in the other body, First, there must be a violation of Mr. Speaker, I yield 1 minute to the we are forced, and I, as deeply in my Federal or State statutory law. Sec- gentleman from Texas (Mr. ARMEY) to heart as any Member in this Chamber, ond, the violation must result in some close. am forced to find myself in conflict type of monetary liability such as civil Mr. ARMEY. Mr. Speaker, let me with another, perhaps even higher or statutory damages. Third, the mone- begin by thanking the gentleman from value, the right to present myself in tary liability must be based on a Fed- Pennsylvania (Mr. GEKAS), the gen- encouragement to others to not do this eral or State court order or from a set- tleman from Wisconsin (Mr. thing that would destroy this life, and tlement agreement entered into by the SENSENBRENNER), the gentleman from to do so without fear of punishment in debtor. Fourth, the violation of the law Illinois (Mr. HYDE), and the Committee our courts under a misguided law that must result from an intentional act by on the Judiciary for the extraor- has no respect for our very own Bill of the debtor. This does not apply to un- dinarily long and hard years of dedi- Rights, and that is the FACE Act. It is intentional violations of the law and, cated work that they have attended to a sabotage, we know that. thus, it would not apply to innocent this subject. But bless his heart, our first, best protestors. Fifth, the intentional act Mr. Speaker, let me make another champion for the life of the unborn, the must involve force, the threat of force, statement fairly clear. I believe it is gentleman from Illinois (Chairman or physical obstruction. Sixth, the in- safe to say that if it were not for my HYDE), fought this demon to a draw to tentional act must result in inten- personal insistence this bill would not the best of his ability. We have people tional injury, intimidation, or inter- be on the floor today. Therefore, I now who say to the gentleman from Il- ference, or intentional damage or de- think it is safe to conclude that it is I linois (Chairman HYDE), that is not struction of property. Seventh, the that put this bill on the floor. Why good enough. I am not sorry, I say to debtor must have injured, intimidated, would I do that? Why would I put a bill the gentleman from Illinois (Chairman or interfered with a person because on the floor that gives even myself a HYDE). I thank the gentleman from Illi- conflict of visions? such person obtained or provided law- nois. He is, in this case, as he has al- There are two great values that are ful goods or services or because a facil- ways been, for the precious life of our addressed in this bill, two values that I precious babies, a good, true, and faith- ity provides lawful goods or services. hold dear in my heart and high in my Eighth, the debtor must file for bank- ful servant. He did his best. I love the hopes and dreams for this great Nation: gentleman for his commitment. The ruptcy relief; and ninth, the party The one that precious lives will be holding the monetary judgment gentleman from Illinois (Mr. HYDE) is saved, and the other that they will be to be respected for what he did here to against the debtor must bring an ac- taught how to live precious lives. tion in the bankruptcy court for the help our cause. Mr. Speaker, a good nation has a gov- How do we save our precious allies purpose of having the court determine ernment that honors the goodness of and friends and neighbors and devoted whether the debtor’s liability for the its people. A good nation is a nation servants that go out there at risk al- judgment is nondischargeable under that has law that knows the goodness ready from the terror, the economic section 330. of its people and reflects and encour- terror of the FACE Act? We do not do They have to do all nine of these ages them. it by changing this law. The chairman things to get a debt nondischargeable. of the committee has made that clear. Now, if the opponents of this bill and b 1615 There is no protection under FACE by the opponents of the rule are success- A good Nation will have a law that defeating this bill. ful, the current bankruptcy law which honors what we teach our children, so If FACE is the evil, a trespass would stand makes all fines and forfeit- that in the law itself our children are against our Bill of Rights, a trespass ures nondischargeable, including those encouraged to those teachings which against our desire to save the unborn that arise under the FACE Act. So de- we pray into their lives will make their that we say it is, then let us not fight feating a necessary bankruptcy reform lives successful in their own right and this mock battle; let us fight the real is not going to accomplish this pur- a blessing in the lives of others. battle. The assault should be on FACE. pose. The rule and the bill ought to One of those things we teach our I believe I am correct in saying that pass. children is to be careful what obliga- those who find life precious on both Mr. SESSIONS. Mr. Speaker, at this tions we make in our lives, and to ful- sides of the aisle are the majority in time we are nearing the end of the fill our obligations, and default only as this body, and the majority of this speakers that we have and I would wel- a last resort and as a matter of per- body drawn from both sides of the aisle come an opportunity for the gentleman sonal embarrassment. can defeat FACE. That is what we from Texas (Mr. FROST) to close, and Our existing bankruptcy laws do not ought to be doing. then it would be my intent to briefly reflect that teaching. Our existing So I say to my friends, save what we speak and then yield to our final bankruptcy laws belie our teaching can; do not lose what we can over the speaker. when we are parents at our best, in- hope that is without substance. Do not Mr. FROST. Mr. Speaker, I yield my- structing our children on the hopes sacrifice the gains in the instruction of self such time as I may consume. that are our highest, about their per- our children over the failed effort to Mr. Speaker, as we have heard, there sonal responsibilities. In short, Mr. protect those who would try to save is controversy on this rule. This mat- Speaker, our existing bankruptcy law our children. Vote for this rule; vote ter has been pending for some time. I says to our very same children: little for this bill. Give our children a better personally support the rule and the darling, you are a fool if you do not break and a better understanding, and bill, and I urge adoption of the rule. file. It is wrong, Mr. Speaker. honor their parents as they teach their Mr. Speaker, I yield back the balance This bill is not here about the babies. Then come back, if you will, of my time. money. To think this bill is about who with a vengeance and defeat this atroc- Mr. SESSIONS. Mr. Speaker, I yield gets the money or who keeps the ity against our basic human liberties myself such time as I may consume. money is too shallow an under- called FACE. Get the villain and save This has been a vigorous debate standing. This bill is about the char- the children. today, one which has I think allowed acter of a Nation and the character of Mr. JENKINS. Mr. Speaker, I rise in support the opportunity for both sides of our that Nation’s law, and it is important. of the rule for the consideration of H.R. 333, conference to speak forthrightly about It is critical. the Bankruptcy Abuse Prevention and Con- the issues and the ideas which they see In this and in other ways, we must sumer Protection Act. on this bankruptcy bill. I will tell my strive to have a government that This legislation appears to be a compromise colleagues that I believe that this is an knows the goodness of its own people that is filled with positive aspects of the give economic development package, part of and has the decency to expect it and to and take involved in the legislative process the plan that we have from the Repub- reflect it. That is why we are here with and saturated with the element of comment lican Conference to help consumers and bankruptcy reform. That is what we sense that both sides to this controversy say to help make sure the economy moves are about. that they strive to achieve.

VerDate 0ct 31 2002 04:52 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K14NO7.031 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8755 Today, I rise to discuss one aspect that has This Conference Report is a good legislation account to determine whether he or she has been mentioned frequently on the floor today. that moves us in the right direction, and I ask the capacity to repay a portion of their debts. The compromise language agreed to be the my colleagues from both sides of the aisle to Second, this Member supports the addi- conference committee penalizes the adju- join me in support of this reasonable reform by tional monthly expense items that are exempt- dicated intentional violator of the law and the voting in favor of the rule providing for consid- ed from consideration under the needs-based intentional tortfeasor and precludes him from eration of this Conference Report. test which determines, under the conference escaping the consequences of this act by hid- Mr. BEREUTER. Mr. Speaker, this Member report of H.R. 333, whether a person can file ing behind the provisions of the bankruptcy rises today to express his support for the rule either a Chapter 7 or 13 version of bank- act. This is entirely proper because the bank- on the conference report for the Bankruptcy ruptcy. These expenses include the following: ruptcy act was never intended to protect any- Abuse Prevention and Consumer Protection reasonable expenses incurred to maintain the one in this situation. Act (H.R. 333). This Member is an original co- safety of the debtor and debtor’s family from At the same time, it protects the innocent sponsor of H.R. 333, which the House first domestic violence; an additional food and who are simply exercising their constitutional passed on March 1, 2001, by a vote of 306– clothing allowance if demonstrated to be rea- rights—who are lawfully assembled or exer- 108. This Member is pleased that the House sonable and necessary; and actual expenses cising their freedom of speech. and Senate conferees have finally reached an for the care and support of an elderly, chron- We should remember that this legislation is agreement on bankruptcy reform which Presi- ically ill, or disabled member of the debtor’s the product of years of hard work by the Judi- dent George W. Bush is expected to sign. It household or immediate family. ciary Committee in both the House and Sen- is important to note that bankruptcy reform Third, this Member supports the permanent ate. This legislation answers a plea from bills passed both the House and the Senate in extension of Chapter 12 bankruptcy in the across our land to address a serious weak- the 105th and 106th Congresses. In the 105th conference report of H.R. 333 since it allows ness that exists in our system of providing re- Congress, the House passed a bankruptcy re- family farmers to reorganize their debts as lief to those who are overwhelmed by financial form conference report, while the Senate compared to liquidating their assets. Using the burdens. failed to pass the conference report. In the Chapter 12 bankruptcy provision has been an I urge my colleagues to vote in favor of the 106th Congress, former President Bill Clinton important and necessary option for family rule. pocket vetoed a bankruptcy reform conference farmers throughout the nation. It has allowed Mrs. KELLY. Mr. Speaker, I rise today in report. During this Congress, the Conference family farmers to reorganize their assets in a strong support for the rule providing consider- Report was delayed for too long over of all manner which balances the interests of credi- ation for H.R. 333, the Bankruptcy Reform things, a tenuous connection drawn to the tors and the future success of the involved Conference Report, because this issue boils subject of abortion clinics by conferees from farmer. down to two words: personal responsibility. If If Chapter 12 bankruptcy provisions are not a person assumes a debt, they are obligated the other body. First, this Member would thank the distin- permanently extended for family farmers, its to do everything in their power to pay it off. guished gentleman from Pennsylvania [Mr. expiration on January 1, 2003, would be an- Creditors should be made whole, if possible. GEGAS], for introducing the original House other very painful blow to an agricultural sec- However, a safety net must remain for those bankruptcy legislation, H.R. 333. This Member tor already reeling from low commodity prices. who legitimately cannot pay their debts. Not only will many family farmers have no via- Some of my colleagues are trying to paint would also like to express his appreciation to ble option but to end their operations, it likely the word creditors to mean faceless financial the distinguished gentleman from Wisconsin will also cause land values to plunge. Such a institutions who are tricking consumers into [Mr. SENSENBRENNER], the Chairman of the Ju- decrease in value of farmland will affect the assuming debt. They specifically speak of diciary Committee, for his efforts in bringing credit card debt. They unfortunately fail to note this conference report to the House Floor for ability of family farmers to obtain adequate that credit card debt in the United States consideration. credit to maintain a viable farm operation. It amounts to only three point eight percent of all This Member supports the conference report will impact the manner in which banks conduct household debt. Furthermore, only one per- for the Bankruptcy Abuse Prevention and Con- their agricultural lending activities. Further- cent of credit card accounts end up in bank- sumer Protection Act for numerous reasons; more, this Member has received many con- ruptcy. Of that one percent it is estimated that however, the most important reasons include tracts from his constituents supporting the ex- fifteen percent of those accounts can afford to the following: tension of Chapter 12 bankruptcy because of repay some or all of their debt. First, this Member supports the provision in the situation now being faced by our nation’s The people who are truly being hurt by our the conference report for H.R. 333 which pro- farm families. It is clear that the agricultural current bankruptcy system are Americans who vides for a means testing, needs-based, for- sector is hurting and by a permanent exten- play by the rules and pay off their debts. mula when determining whether an individual sion of the Chapter 12 authorization, Congress Bankruptcy costs the average American family should file for Chapter 7 or Chapter 13 bank- can avoid one more negative possibility. about $400 a year. ruptcy. Chapter 7 bankruptcy allows a debtor Lastly, this Member supports the provision Needs-based bankruptcy reform is well to be discharged of his personal liability for in the conference report of H.R. 333 which re- overdue, and that is what this Bankruptcy many unsecured debts. In addition, there is no quires that people convicted of a felony or Conference Report delivers. It is the people requirement that a Chapter 7 filer repay many who owe a debt from a securities fraud viola- who game the system that we need to stop. of his or her debts. However, Chapter 13 tion in the five years before filing for bank- I listened to my colleague from Virginia (Mr. bankruptcy filers commit to repay some por- ruptcy cannot claim an unlimited homestead MORAN). He stated that more people filed for tion of his or her debts under a repayment exemption. Currently, there are only six states, bankruptcy than graduated from college. That plan. including Texas and Florida, which provide un- is a staggering fact. It’s a transference of cost Some Chapter 7 filers actually have the ca- limited bankruptcy protection for a person’s from those who overspend to those who care- pacity to repay some of what they owe, but home. Nebraska is not one of those six states fully manage their money. they choose Chapter 7 bankruptcy and are as it has a maximum homestead exemption of I support the Bankruptcy Conference Re- able to walk away from these debts. For ex- $12,500. This Member believes that this provi- ports provisions which strengthen Code pro- ample, the stories in which an individual filed sion in the conference report is imperative in tections for ex-spouses and children. They for Chapter 7 bankruptcy and then proceeds light of the recent corporate scandals at Enron have to be supported. In the current bank- to take a nice vacation and/or buys a new car and WorldCom. For example, this provision ruptcy law, child support and alimony are are too common. Moreover, the status quo is would apply to the $7 million penthouse in placed seventh behind attorney fees as debt costing the average American individual and Houston of Kenneth Lay, the former chairman obligations. If enacted, this bill would move family increased costs for consumer goods of Enron, if he both files for personal bank- child support and alimony payments to first on and credit because of the amount of debt ruptcy in the future and owes a debt due to the list of debt obligations. which is never repaid to creditors. any conviction of securities fraud. In addition, Also under current law, some debtors use As a response to these concerns, the this provision may also be relevant to Scott D. the automatic stay to avoid paying child sup- needs-based test of the conference report of Sullivan, the former chief financial officer of port payments after they file for bankruptcy. H.R. 333 will help ensure that high income fil- WorldCom, who is building a $15 million man- The Bankruptcy Conference Report ensures ers, who could repay some of what they owe, sion in Boca Raton, Florida. less delay in the proper payment of child sup- are required to file Chapter 13 bankruptcy as In closing, for these aforementioned reasons port. I vehemently oppose any legislation that compared to Chapter 7. This needs-based and many others, this Member urges his col- would reduce the ability of women and chil- system takes a debtor’s income, expenses, leagues to support the conference report of dren to receive support payments. obligations and any special circumstances into H.R. 333.

VerDate 0ct 31 2002 04:52 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A14NO7.030 H14PT1 H8756 CONGRESSIONAL RECORD — HOUSE November 14, 2002 Mr. SMITH of Texas. Mr. Speaker, I support and I am pleased we were able to reach a Simmons Strickland Walden the Bankruptcy Conference Report. I know compromise on this issue. The compromise Simpson Sweeney Walsh Skeen Tanner Watkins (OK) there has been deliberation about the effect of we reached will prevent ‘bad actors’ from Skelton Tauscher Weller section 330 of the bill on anti-abortion pro- abusing the homestead exemption without Smith (MI) Taylor (NC) Wilson (NM) tests. But I believe section 330 will have little punishing those who legitimately belong in Smith (TX) Thomas Wu Smith (WA) Thompson (CA) practical effect. And the rest of this bill will an bankruptcy. Wynn Snyder Tiberi Young (AK) overwhelmingly positive impact on the bank- The overwhelming majority of people who Spratt Turner ruptcy system. declare bankruptcy do so because they have Stenholm Upton Section 330 does not penalize any lawful no other choice. Bankruptcy law is intended to NAYS—243 behavior. It will apply only if a person violates give debtors a fresh start, not to punish them. Abercrombie Hoeffel Payne the law, a court enters an award against that Less than one percent of bankruptcy debtors Ackerman Hoekstra Pelosi person, the person later files a non-chapter 13 abuse the bankruptcy press. This bill will ad- Aderholt Holden Pence bankruptcy and seeks to discharge a debt dress those ‘bad actors’ while retaining the Akin Holt Peterson (MN) based on their unlawful activity, and the cred- Allen Honda Phelps goal of giving sincere debtors a fresh start. Andrews Hostettler Pickering itor pursues the matter. I strongly support this conference report and Baca Hoyer Pitts It does not apply only to abortion-related I urge my colleagues to support it, as well. Baldacci Hunter Pombo protests, but also to unlawful protests aimed at Baldwin Inslee Pomeroy Mr. SESSIONS. Mr. Speaker, I move the providers of any lawful good or service. Ballenger Istook Portman the previous question on the resolu- Barcia Jackson (IL) The compromise reached in conference on Putnam Barr Jackson-Lee Rahall this issue also contains very stringent require- tion. The previous question was ordered. Barrett (TX) Rangel ments that should prevent any innocent pro- Bartlett Jefferson Rehberg testers from being included in these provi- The SPEAKER pro tempore (Mr. Becerra John Reyes sions. GUTKNECHT). The question is on the Berkley Johnson (IL) Rodriguez resolution. Berman Johnson, Sam Roemer Moreover, this bill will curb bankruptcy Bilirakis Jones (NC) Rogers (MI) abuse and protect consumers. It will also ad- The question was taken; and the Bishop Jones (OH) Ros-Lehtinen dress the loophole in current law that allows Speaker pro tempore announced that Blumenauer Kanjorski Ross debtors in certain states with unlimited home- the ayes appeared to have it. Bonior Kaptur Roybal-Allard Boozman Kennedy (MN) Rush stead exemptions to shield an almost unlim- Mr. FROST. Mr. Speaker, I object to Borski Kennedy (RI) Ryun (KS) ited value of their homes from their creditors. the vote on the ground that a quorum Brady (PA) Kerns Sabo In order to game the system, some debtors is not present and make the point of Brown (FL) Kildee Sanchez Brown (OH) Kilpatrick Sanders move to a state with an unlimited homestead order that a quorum is not present. Bryant Kleczka exemption just before they file for bankruptcy Sandlin The SPEAKER pro tempore. Evi- Burton Kucinich Sawyer in order to take advantage of that state’s more dently a quorum is not present. Capps LaFalce Saxton generous homestead protections. Capuano LaHood Schaffer The Sergeant at Arms will notify ab- Cardin Langevin Schakowsky H.R. 333 closes this loophole by requiring a Carson (IN) Lantos sent Members. Schiff debtor to reside in a state for at least two Chambliss Larson (CT) The vote was taken by electronic de- Scott Clay Lee years before that debtor can claim the state’s Serrano vice, and there were—yeas 172, nays Clayton Levin homestead exemption. In addition, a debtor Shadegg 243, not voting 17, as follows: Clyburn Lewis (CA) Shaw must own the homestead for at least forty Conyers Lewis (GA) [Roll No. 478] Sherman Costello Lewis (KY) months before they can claim the state’s Shimkus YEAS—172 Coyne Lipinski homestead exemption protections. Shows Cubin LoBiondo Armey English Larsen (WA) Shuster H.R. 333 will stop corporate thieves from Cummings Lofgren hiding their homestead assets from those Bachus Etheridge Latham Slaughter Baird Fletcher LaTourette Cunningham Lowey whom they have defrauded. It will cap a debt- Davis (CA) Luther Smith (NJ) Baker Foley Leach Solis or’s homestead exemption at $125,000 if the Barton Ford Linder Davis (IL) Lynch Davis, Jo Ann Manzullo Souder debtor was convicted of a felony, if the debtor Bass Fossella Lucas (KY) Stark Bentsen Frelinghuysen Lucas (OK) DeFazio Markey violated a securities law, or if they engaged in DeGette Mascara Stearns Bereuter Frost Maloney (CT) Stupak any criminal act, intentional tort, or reckless Berry Gallegly Maloney (NY) Delahunt Matsui DeLauro McCarthy (MO) Sullivan misconduct that caused serious physical injury Biggert Ganske Matheson Sununu Blunt Gekas McCarthy (NY) DeMint McCollum or death to another individual. Deutsch McDermott Tancredo Boehlert Gibbons McCrery Tauzin Homeownership strengthens the fabric of Boehner Gilchrest McHugh Dingell McGovern Doggett McIntyre Taylor (MS) our society. It’s the American dream—and Bonilla Gillmor McInnis Terry Bono Gilman Meeks (NY) Doyle McKeon over 70% of Americans are living it. Owning a Ehlers McNulty Thompson (MS) house gives individuals and families a place to Boswell Gonzalez Miller, Dan Thornberry Boucher Gordon Engel Meehan Moore Thune call home, where they can arise their children Brady (TX) Goss Moran (VA) Eshoo Meek (FL) Thurman Brown (SC) Granger Morella Evans Menendez and become active participants in their neigh- Tiahrt Burr Graves Myrick Everett Mica borhoods and communities. Tierney Buyer Green (WI) Nethercutt Farr Millender- Since 1867, federal lawmakers have recog- Towns Calvert Greenwood Ney Fattah McDonald Udall (CO) nized the role of the states in determining ap- Camp Hansen Northup Ferguson Miller, Gary Udall (NM) Cannon Hart Nussle Filner Miller, George propriate homestead exemptions. Velazquez Cantor Hastert Ose Flake Miller, Jeff States are in a much better position to de- Visclosky Capito Hastings (WA) Oxley Forbes Mollohan Vitter termine an appropriate exemption—they can Carson (OK) Herger Peterson (PA) Frank Moran (KS) Wamp more closely examine the factors that differ Castle Hill Petri Gephardt Murtha from state to state, such as property values, Chabot Hinojosa Platts Goode Nadler Waters Goodlatte Napolitano Watson (CA) real estate inflation, and even demographics. Clement Hobson Price (NC) Coble Horn Pryce (OH) Graham Neal Watt (NC) The balance between states’ rights and the Collins Hulshof Quinn Green (TX) Norwood Watts (OK) federal government is important. Any abuses Cox Hyde Radanovich Gutierrez Oberstar Waxman of the homestead exemption can and should Cramer Isakson Ramstad Gutknecht Obey Weiner Hall (TX) Olver Weldon (FL) be addressed by the individual states them- Crane Israel Regula Crenshaw Issa Reynolds Harman Ortiz Weldon (PA) selves. Crowley Jenkins Riley Hastings (FL) Osborne Wexler In Texas, the homestead exemption is em- Culberson Johnson (CT) Rivers Hayes Otter Whitfield Davis (FL) Johnson, E. B. Rogers (KY) Hayworth Owens Wicker bedded in the state constitution to prevent the Hefley Pallone Wilson (SC) sale of one’s home to repay debts, except in Deal Keller Rohrabacher DeLay Kelly Rothman Hilleary Pascrell Wolf three specific cases: when there is a debt for Dicks Kind (WI) Royce Hilliard Pastor Woolsey the purchase of a home, a debt to finance the Dooley King (NY) Ryan (WI) Hinchey Paul Young (FL) improvements to the home, or a debt for prop- Dreier Kingston Schrock Duncan Kirk Sensenbrenner NOT VOTING—17 erty taxes or federal income and estate taxes. Dunn Knollenberg Sessions Blagojevich Combest Davis, Tom The homestead exemption provisions were Edwards Kolbe Shays Boyd Condit Diaz-Balart among the most contentious in the conference Emerson Lampson Sherwood Callahan Cooksey Doolittle

VerDate 0ct 31 2002 04:52 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.091 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8757 Ehrlich Houghton Stump Rules accompanying this resolution. The Unfortunately, in terms of the feasi- Grucci McKinney Toomey Senate amendments and the motion shall be Hooley Roukema bility of approving funding for these considered as read. The motion shall be de- programs through January 11 of next b 1717 batable for one hour equally divided and con- year, it makes much more pro- trolled by the chairman and ranking minor- grammatic sense for us to provide Messrs. SHUSTER, GRAHAM, BARR ity member of the committee on Ways and of Georgia and ROGERS of Michigan, Means. The previous question shall be con- funds to the States on a quarterly basis Mrs. CUBIN, Messrs. EVERETT, sidered as ordered on the motion to final and therefore extend the funding and REHBERG, BURTON of Indiana, adoption without intervening motion or de- program rules through an entire quar- OTTER, OSBORNE, MICA, TERRY, mand for division of the question. ter to March 31, 2003. KENNEDY of Minnesota, NORWOOD, The SPEAKER pro tempore (Mr. Second, the amendment extends fed- GOODLATTE, CHAMBLISS, PUTNAM, GUTKNECHT). The gentleman from erally funded temporary unemploy- PORTMAN, POMBO, LEWIS of Ken- Georgia (Mr. LINDER) is recognized for ment benefits of current recipients and those in high unemployment States tucky, SAXTON, TIAHRT, LOBIONDO, 1 hour. SHAW, WILSON of South Carolina and Mr. LINDER. Mr. Speaker, for pur- through January of 2003. In brief, this amendment will extend unemployment SUNUNU, Ms. ROS-LEHTINEN, and poses of debate only, I yield the cus- benefits for up to an additional 5 weeks Messrs. WHITFIELD, HOYER, tomary 30 minutes to the gentlewoman per individual by moving the cutoff MCKEON, MENENDEZ, KERNS, from New York (Ms. SLAUGHTER), pend- date to February 1, 2003. I believe that BOOZMAN, THORNBERRY, LEWIS of ing which I yield myself such time as I the House and Senate will eagerly sup- California, FERGUSON, LAHOOD, might consume. During consideration port this provision that provides sup- YOUNG of Florida and JOHNSON of Il- of this resolution, all time yielded is plementary weeks of employment ben- linois changed their vote from ‘‘yea’’ to for the purpose of debate only. efits to over 800,000 persons across the ‘‘nay.’’ Mr. Speaker, House Resolution 609 United States. Mr. MORAN of Virginia, Mr. provides us the opportunity to take H.R. 5063, with the Senate amend- Mr. Speaker, I urge adoption of the STENHOLM, Ms. RIVERS, Ms. EDDIE rule and the subsequent motion to be BERNICE JOHNSON of Texas, Mr. ments, and to consider without intervention of any point of order a motion offered by the chairman of the Com- MEEKS of New York, Mrs. MYRICK, mittee on Ways and Means. and Messrs. SPRATT, FOSSELLA, offered by the chairman of the Com- mittee on Ways and Means or his des- Mr. Speaker, I reserve the balance of BROWN of South Carolina, CANTOR my time. ignee. The motion provides the oppor- and EDWARDS changed their vote Ms. SLAUGHTER. Mr. Speaker, I tunity for the House to concur in each from ‘‘nay’’ to ‘‘yea.’’ thank the gentleman from Georgia of the Senate amendments with the So the resolution was not agreed to. (Mr. LINDER) for yielding me the cus- The result of the vote was announced amendment that has been printed in tomary half hour, and I yield myself as above recorded. the Committee on Rules report accom- such time as I may consume. A motion to reconsider was laid on panying this resolution. The rule also (Ms. SLAUGHTER asked and was the table. waives all points of order against con- given permission to revise and extend sideration of the motion to concur in f her remarks.) the Senate amendments with amend- Ms. SLAUGHTER. Mr. Speaker, I had FURTHER MESSAGE FROM THE ments, and it provides 1 hour of debate hoped to come to the well today to con- SENATE in the House equally divided and congratulate my colleagues for crafting a A further message from the Senate trolled by the chairman and ranking measure in the nick of time that ad- by Mr. Monahan, one of its clerks, an- minority member of the Committee on dressed the real need in the commu- nounced that the Senate has passed a Ways and Means. nities. But like the vast majority of Finally, Mr. Speaker, H. Res. 609 pro- bill of the following title in which the the legislation emerging from the 107th vides that the previous question shall concurrence of the House is requested: Congress, this is a pitiful stopgap be considered as ordered on the motion measure that in the end will benefit far S. 3156. An Act to provide a grant for the to final adoption without intervening fewer than the rhetoric from the other construction of a new community center in motion or demand for division of the St. Paul, Minnesota, in honor of the late side of the aisle suggests. I wish the Senator Paul Wellstone and his beloved wife, question. unemployed had the lobbying might of Sheila. Mr. Speaker, as we prepare to com- the credit card companies who are en- plete the work of the 107th Congress f joying the consideration of a last and take H.R. 5063 from the Speaker’s minute bankruptcy bill that will ham- PROVIDING FOR CONSIDERATION table, there are a couple of items of im- mer our most vulnerable constituents, OF SENATE AMENDMENTS TO portance that will be inserted in this or even the insurance companies at the H.R. 5063, ARMED FORCES TAX vehicle that the House will now have moment being blessed with a last FAIRNESS ACT OF 2002 the opportunity to support following minute measure to absolve them of li- Mr. LINDER. Mr. Speaker, by direc- the adoption of this rule. ability in the event of future attacks, First, the amendments provide for a tion of the Committee on Rules, I call but the unemployed do not have the at- full extension through March 31, 2003, up House Resolution 609 and ask for its tention of the majority party and we of current funding and program rules immediate consideration. do not believe they ever will. in the Temporary Assistance for Needy The Clerk read the resolution, as fol- The measure before us today is woe- Families program and the Child Care, lows: fully inadequate when it comes to ad- Abstinence Education, and Transi- dressing the needs of our Nation’s un- H. RES. 609 tional Medical Assistance programs. employed workers. I would note that Resolved, That upon adoption of this reso- In 1996, the creation of the Tem- these are newly unemployed workers, lution it shall be in order to take from the porary Assistance for Needy Families those that have paid into the system in Speaker’s table the bill (H.R. 5063) to amend program fixed block grants for State the Internal Revenue Code of 1986 to provide the event of an economic slowdown. a special rule for members of the uniformed designated programs of time-limited Mr. Speaker, the economy has not hit services in determining the exclusion of gain and work-conditioned aid to families a soft patch. It is in a recession. More- from the sale of a principal residence and to with children. It also created a manda- over, the money these workers paid restore the tax exempt status of death gratory block grant to States for child into the system is there. They are tuity payments to members of the uniformed care for low-income families, funded workers who paid into the system when services, with the Senate amendments there- through fiscal year 2002. While the first times were good and are now in need to, and to consider in the House, without continuing resolution passed by the when the economy is rough. Why put intervention of any point of order, a single House in September extended these motion offered by the chairman of the Com- obstacles in front of working families mittee on Ways and Means or his designee programs through December 31, 2002, that need this aid? Indeed, most of our that the House concur in each of the Senate the CR passed by the House this week constituents will not qualify for an ad- amendments with the respective amendment further extended those programs ditional 13 weeks of benefits in this printed in the report of the Committee on through the date of January 11, 2003. bill.

VerDate 0ct 31 2002 05:44 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.006 H14PT1 H8758 CONGRESSIONAL RECORD — HOUSE November 14, 2002 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The problem with the current formu- maybe not go through the process of The SPEAKER pro tempore. Mem- lation which is fixed in the bill of the having hearings and going to the com- bers are advised to turn off their cell gentleman from New York (Mr. mittees and all of that formality, but phones. RANGEL) is that classification as a high at least to be able to alert people as to Ms. SLAUGHTER. In my district unemployment State is based on the how you would like to close out this close to 60,000 people remain unem- insured unemployment rate, which Congress. ployed due to a slowing economy. This does not include long-term unemploy- So we are adding to the Military Tax measure will do little or nothing to al- ment. Fairness Act, that no one could be leviate the suffering of these families, b 1730 against except communists, some pret- and these statistics do not include the ty good measures. One is to give some news this week that Eastman Kodak Thus, workers who receive the 13- relief to our stopgap extension for the will cut 650 more jobs in my district or week extension provided for in last funding of welfare. It is small. We do that Frontier Telephone will cut an ad- year’s tax bill, over and above the ini- not know where we are going or what ditional 100 from its ranks almost im- tial 26 weeks, are dropped from the cal- we are going to do, but there is no mediately, before Thanksgiving Day. culation. So the formula is not a true sense letting the poor folks suffer for In New York since the enactment of measure of the unemployment situa- our confusion, so moving on that at a temporary Federal legislation in tion in a State. States with long-term later date makes a lot of sense since March of this year, the unemployed unemployment that exhausted their you could not complete it this year. workers have been able to qualify for benefits are simply out of luck. The unemployment benefit extension Another provision of this measure federally funded benefits which in New to me only gives relief to three States, represents a case of too little too late. York can last up to 13 weeks, but this Oregon, Washington and Arkansas, and The Medicare/Medicaid reimbursement program is proving wildly inadequate does not come anywhere near acting as for New York. Exceptionally large provision purports to temporarily ad- though we are addressing the ever-in- numbers of workers are running out of dress the controversy surrounding phy- creasing unemployment, especially in Federal benefits before they find new sician payments, but our Nation’s hos- my State; and I wish we would have employment. The severity of the ex- pitals are left out of the fix. Again, done something with that. haustion problem reflects the State’s many of my colleagues I suspect are I guess the major hurdle that we shaky labor market, and I wish I could hearing from hospitals about their crit- have to overcome, and one of the rea- say that New York was alone, but my ical needs, and this measure will not sons why I am opposing the rule, is be- colleagues know better. The measure alleviate their struggles. cause no one has explained the cre- before us not only fails to make nec- Mr. Speaker, if the previous question ativity of how we are going to give as- essary improvements to the program, is defeated, I will offer an amendment sistance to Medicare physicians. I as- it fails even to extend the program in to the rule. Unlike the language in the sume that Republicans on the Com- its current form. In the vast majority bill which indemnifies the administra- mittee on Rules already know what of States, it would provide no addition if it chooses to adjust Medicare this means; and just maybe, just tional weeks of federally funded unem- physician payments, my amendment maybe, they might explain how we can ployment benefits to the workers who both protects beneficiaries from the pay Medicare doctors and forget all of have already exhausted their regular, harmful effects of physicians dropping the other providers. State unemployment benefits and can- out of the program and guarantees a Now, it was explained to me that we not find work. payment increase for physicians. do not have the money to pay anybody Under this proposal large groups of Other Medicare providers, including else and that the administration would unemployed workers who will need ad- hospitals, home health agencies and pay the Medicare doctors, and if they ditional weeks of unemployment bene- nursing homes that provide essential did pay the Medicare doctors, that this fits before job growth picks up would services to seniors and the disabled would say that the administration can- go without any further assistance. Be- would be helped. The amendment en- not be sued. Now, I know some smart tween now and the end of January, an sures that all these providers have the people are trying to figure this out. estimated 1.8 million jobless workers resources needed to continue caring for First of all, I do not know who is in need of assistance would fail to re- their beneficiaries. This is about a bi- going to sue the administration; but if ceive it under the majority plan. partisan initiative which includes the you are giving them some type of am- This body could do much better. My House Republican provider package nesty for paying the Medicare doctors, colleague from New York (Mr. RANGEL) from earlier this year. introduced legislation H.R. 5491 that Mr. Speaker, I urge a ‘‘no’’ vote on then the same legal creative mind that would extend temporary Federal unem- the previous question so we can offer is going to spare the administration for ployment assistance for an additional 6 this important amendment. doing the right thing for paying the months through June 30, 2003. This Mr. Speaker, I reserve the balance of doctors should have them do the right measure would ensure that workers in my time. thing to pay for Medicare, and we will every State are eligible for 26 weeks of Mr. LINDER. Mr. Speaker, I reserve not sue them; to pay for the nursing extended unemployment benefits, and the balance of my time. homes, and we will not sue them; to in States with high unemployment, Ms. SLAUGHTER. Mr. Speaker, I pay for the teaching hospitals, and we like New York, workers would receive yield such time as he may consume to will not sue them. an additional 7 weeks of benefits. But the gentleman from New York (Mr. So I do not know where we are going it goes without saying that the meas- RANGEL). with this. But I would hate in the last ure before us today cannot be amended, (Mr. RANGEL asked and was given few hours of this Congress to end up and any meaningful consideration of permission to revise and extend his re- providing a fig leaf for the administra- the measure of the gentleman from marks.) tion, when we know they are not think- New York (Mr. RANGEL) would be shut Mr. RANGEL. Mr. Speaker, I had ing about doing anything illegal. So if out under this rule. hoped that with the overwhelming Re- they can do this without the Congress, I need to clarify another point for my publican victory in the House and Sen- let them do it and take care of the colleagues. The House action report ate and a Republican President, that needs of the other people, because our today indicates that Texas, New York, this would be an ideal time to see hospitals are suffering; and I just do and California would be deemed ‘‘high whether or not we can at least ease the not know why we are rifle-shooting the unemployment States’’ under the need for the partisanship we had had in Medicare physicians and just ignoring chairman’s bill, but according to the the past and to see whether or not we the health maintenance organizations minority Committee on Ways and could get some basic things done for and their needs. Means staff, that is not correct. The the country and plan better for the fu- So I expect as soon as I sit down that bill contains no expansion of the defi- ture of how we are going to work in the someone might explain this to me, and nition to allow States other than Congress. maybe, just maybe, we might be able three, Alaska Washington, and Oregon, I guess the major thing that we have on the previous question to change to qualify. to do is just talk with each other and these things so we can leave together,

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.038 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8759 not as Democrats and Republicans, but going to do, it is simply an impos- cians for what they might call special as a Congress who could not complete sibility. treatment. If Members are so sophisti- their work on time and is just trying to What we are aware of is that in one cated that they are going to say this is get something done that we are proud particular approach, which is the phy- an entitlement that is completely in of when we go home. sician reimbursement structure, the hands of the administration and it But I think the best way to do this is plugged numbers were put in for 1998 is just a question of which numbers to defeat the rule and to come back and 1999. They do not accurately re- they are going to use, but we are now with something that I really think flect the number of cases that physi- going to hold them harmless in case would make us feel a little more proud cians were involved with. they make a mistake, then I really do of who we are. It is possible that the administration not think that this is the way that we I thank the gentlewoman for this op- would change those numbers. There is should go. portunity; and I look forward to hear- no guarantee that they would change I had hoped, and I do hope, that this ing from the majority, especially now the numbers, but they are concerned is the end of the type of procedure that that the chairman of the committee, that if they did go in and put actual we have that the minority finds out he has not spoken to me since we have numbers in place of plugged numbers, what you are up to when the bill comes been back, but I would like to take this someone may entertain a suit to go out. But maybe we can conclude by opportunity to congratulate him and back into the 1990s or the 1980s and say taking this off the calendar, seeing hope we can set a new tone here, and I this number was not an actual number, what can be worked out and start get- think just by explaining why we are and we want to sue you to make that ting ready to start the new Congress on not suing the administration for just change. a different footing. I think some of singling out Medicare physicians, when So all this provision does is provide these things could be adjusted. But it we ought to sue if they ignore the rest legal protection, that if the adminis- seems like this is a monkey wrench in of the people that deserve some type of tration does decide to make an adjust- the whole darn thing. assistance. ment, that is, use real-world numbers Mr. THOMAS. Mr. Speaker, reclaim- Mr. LINDER. Mr. Speaker, the gen- now known rather than the plugged ing my time, it sounds to me the gentleman from New York said he wished numbers, they would not be subject to tleman is offering the classic argument somebody could explain it to him. I lawsuits if they did not make addi- of because it is not perfect, it should be think somebody will. tional changes. opposed. It seems to me that if there is Mr. Speaker, I yield such time as he Now, that means that all we are an ability to correct a mistake and may consume to the gentleman from doing is creating an opportunity for that the administration simply wants California (Mr. THOMAS). the administration to make a decision legal protection to correct that mis- Mr. THOMAS. Mr. Speaker, I thank if they so choose to do so. That does take, that we ought to be able to do the gentleman for yielding me time. not mean that this in any way ade- that. First of all, I want to thank my quately addresses the needs of many If the gentleman says others are not friend. This is, as we sometimes have other providers. But there is no other being provided for adequately, I would to do at the end of a session, dealing provider group that the administration be the first to agree with the gen- with some mistakes that were made, could make adjustments from plugged tleman; and that is the first order of both intentionally and unintention- numbers to real numbers, as in this business. But no one else can be taken ally. particular case. It requires the invest- care of unless we go through those As far as the tenor for the welfare re- ment of money to be addressed to those weeks and months of negotiations of newal, in the continuing resolution the various groups, be they hospitals, what a package should look like. So I would simply say, in returning language that was assumed to have skilled nursing facilities, home health my time to the gentleman who was fixed the problem provided by the ap- care or others. kind enough to yield it to me, if in fact propriators does not, and what we are This is not about providing money to using real-world numbers and pro- doing is making sure that the program fix one group’s problem versus another; viding the administration some legal at least extends through March. it is to create an atmosphere in which, Mr. RANGEL. Mr. Speaker, will the if the administration chooses to do so, protection from being sued because gentleman yield? they would be able to do so, and the they did not do something else other Mr. THOMAS. I yield to the gen- cost would then be borne by the admin- than putting in real-world numbers is tleman from New York. istration, not by the legislative branch. going to be something that someone Mr. RANGEL. Mr. Speaker, I have no When we come back then at the begin- opposes, it is amazing the point that problem with that. ning of the next Congress, we would ad- we have come to. If others could be resolved this way, Mr. THOMAS. Mr. Speaker, reclaim- dress, as we normally do, those pro- we would be doing others. Just because ing my time, on the unemployment, as vider groups for which we would have this particular problem could be re- the gentleman well knows, there is a to provide the finances to assist them. cliff that is going to occur because of So all this does is put in place a legal solved and others cannot does not the expiration of the unemployment protection, so that if the administra- mean that one should be in opposition provisions on December 28. We have tion does choose to adjust those num- to resolving this particular problem. had debates about how long it should bers, they would not be required We will deal with the others when it is be and in what form it should be. This through any kind of a court case to ad- timely and appropriate, because we at least provides those who are getting just any other number. will have to negotiate and put dollars the unemployment, who are expecting Mr. RANGEL. Mr. Speaker, if the on the table to solve other providers’ their 13 weeks, to be able to get the 13 gentleman would yield further, I do not problems. This is one in which the ad- weeks. doubt the good intent that the gen- ministration is merely asking for legal Mr. RANGEL. Mr. Speaker, if the tleman has in providing some protection, and I think we ought to gentleman will yield further, he did not moneyless way, some way that we do provide it. go nearly far enough, but I could hard- not have any financial obligation to b 1745 ly vote against it. The interesting part pay for it, to give relief to the Medi- Ms. SLAUGHTER. Mr. Speaker, I is going to be this part. care physicians. But I might suggest yield 3 minutes to the gentleman from Mr. THOMAS. Mr. Speaker, reclaim- that you are opening up Pandora’s box Massachusetts (Mr. MCGOVERN). ing my time, there is no guarantee with hospitals, nursing homes, Med- Mr. MCGOVERN. Mr. Speaker, I that the administration will do any- icaid. I do not know why you would thank the gentlewoman for yielding me thing. The difficulty in trying to move just go to this, just because we have this time. at this time those kinds of things that not been able to address the problems Mr. Speaker, I rise in opposition to we call provider packages is that what of the people that are waiting for help. this rule. I would urge a ‘‘no’’ vote on is an appropriate provider package is in All of these hospitals are calling Mem- the previous question. the eye of the beholder; and in trying bers all over wondering for what reason Mr. Speaker, this bill was brought to negotiate what it is that we are are we singling out Medicare physi- before the Committee on Rules in the

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.040 H14PT1 H8760 CONGRESSIONAL RECORD — HOUSE November 14, 2002 dead of night without any committee tainty. As to Medicare reimbursements (Mr. TANNER asked and was given consideration. I am on the Committee in a period when malpractice insurance permission to revise and extend his re- on Rules, and we in the minority did is rising by leaps and bounds, in a pe- marks.) not have a chance to review the legisla- riod when nursing costs are rising, Mr. TANNER. Mr. Speaker, I support tive language even before we reported when drug costs are rising, when blood H.R. 5063 with regard to unemployment this rule. In fact, there was nobody costs are rising, it is really important extension and the TANF measures, and present in the Committee on Rules last for us to at least guarantee to our pro- I agree that we need to address the night that could answer any questions viders payment stability, as we did in problem facing our Nation’s physi- about the substance of this bill and, for the provider package that passed this cians. But there are other health care that matter, the other bills that were House before the July recess and must providers who are in just as dire brought before our committee. I think do again before many months pass. straits, hospitals, home health, nursing that on process alone this bill should It is unfortunate that the other body homes and others. be defeated. has been unable to agree on a provider We have in Tennessee, particularly in Now, the majority claims that this package and is still unable to negotiate the rural areas now, hospitals oper- bill will prevent people from losing on that package. If that were not the ating in the red, laying off nurses; we their welfare benefits, from losing case, we would have a package before have elderly citizens that cannot get their unemployment compensation, us here today. home health care services. What we are and will allow the administration to fix As that is the case, it is extraor- trying to do when asking for Members the reimbursement problem. That is a dinarily important that we pass this to vote against the previous question is tall tale if I have ever heard one. clarifying language that merely clari- to allow us to bring up a bill, H.R. 5729, The extension of the unemployment fies current law, protecting against ad- that includes the package of provider compensation is minimal. Because of ministrative review to the fiscal year reimbursements or provider help that the weak language in the bill, the calendar charges as well. So this is just the Republicans passed in H.R. 4954 House will have to address these issues a clarification of current law, and we earlier this year and is within the again in January. I suppose one could believe that if that is done, the admin- budget. This seems to me to be immi- make the argument that this is better istration will be able to make adjust- nently reasonable and fair to all of the than nothing, but not much more than ments as they have in many, many providers across the board. It recog- that. other instances. The fundamental prob- nizes that we have a serious problem in The so-called physicians’ reimburse- lem is the underestimate of the number the country. ment fix is not a solution. There are of Medicare patients that were going to Should we be able to defeat the pre- problems with Medicare that began move to the Medicare+Choice plans. vious question, we would then be able with the implementation of the BBA- Since not as many moved as were an- to insert into this procedure the House- mandated cuts on October 1, 2002. The ticipated, those patients continue to passed bill, H.R. 4954, with the provider majority may claim that this bill al- see physicians. But we stopped paying package for all health care providers. lows the majority to fix the physicians’ the physicians for those patients. I would urge as we debate this that reimbursement deduction, but it does So this is a very simple matter. It we do that and point out that we in no not directly fix it. Nor does it address gives the administration just the op- way are trying to jeopardize the pas- the cut in reimbursements for home portunity to evaluate their own for- sage of the provisions with regard to health agencies, nursing homes, hos- mulas and make similar kinds of re- unemployment and TANF that are in pitals, and individual medical services. views of them. It does not guarantee here and that are necessary, nor the Mr. Speaker, this is a last ditch at- anything; it just assures that the cur- physicians, but to recognize that peo- tempt of the majority to pretend like rent language that has worked in many ple other than physicians in the health they are doing something for the situations in the past will have the op- care delivery industry in this country American people but, quite frankly, portunity to work at this time. And, of are in just as dire straits, and it seems the American people deserve much course, as my colleagues well know, to me to be an imminently reasonable more than this. physicians are declining to take addi- thing for us to do. Now, at the conclusion of debate on tional Medicare patients; they are de- Mrs. JOHNSON of Connecticut. Mr. this rule, the minority will call for a clining to even convert patients. And Speaker, will the gentleman yield? vote on the previous question. If the if, in fact, physicians do begin to par- Mr. TANNER. I yield to the gentle- previous question is defeated, we will ticipate, either fewer physicians or the woman from Connecticut. offer an amendment that will include current physicians at a lower level of Mrs. JOHNSON of Connecticut. Mr. real relief from the BBA-mandated participation, it will affect access to Speaker, if we followed the course of cuts. hospitals for our senior citizens and ac- action that the gentleman is sug- This House should not adjourn with- cess to office care. gesting, and no one would like to do out providing real Medicare relief, but So it is a very important matter for that more than I; I think we have to this bill does not provide that relief. our big medical centers as well as for address all of these issues; that is what So I would strongly urge my col- our smaller hospitals and for our physi- we did in the payer package and that is leagues to vote ‘‘no’’ on the previous cians; in other words, for seniors’ ac- what we have to do in the beginning of question, defeat the rule, and support cess to health care, that we pass this January. But if we follow the course of real Medicare relief that will benefit bill this evening. And in addition, of action the gentleman is suggesting, the all of our seniors. course, it does extend unemployment Senate simply will not go along and Mr. LINDER. Mr. Speaker, I yield 4 compensation benefits after December then we will leave this place with noth- minutes to the gentlewoman from Con- 31, and that alone should be cause for ing done. necticut (Mrs. JOHNSON). the support of my colleagues. It also The physicians uniquely suffered a 5 Mrs. JOHNSON of Connecticut. Mr. makes a more rational extension of percent cut last year, and if there is Speaker, I want to remind my col- TANF and therefore will allow the anything we can do to enable the ad- leagues in the House that actually we States to go forward and get their ministration to follow ordinary admin- passed a payer package to address the quarterly allocation to maintain a con- istrative procedures to prevent an addi- problems in the home health industry, sistent program over the next quarter. tional cut, we should do it. We do not the nursing home industry, the hos- Again, this House passed a TANF re- know this will work, but we do know, pital industry, and the physician indus- form bill many, many months ago, and because we have been trying, that the try. We not only passed provider re- if the other body had acted, we would Senate will not agree to a package and forms, but we passed reforms that not be in the situation we are in this we have not been able to negotiate that would be effective for 3 years so there evening. I urge support of this limited package. would be stability in the medical com- but important legislation. So if we follow the gentleman’s pro- munity and our providers would be able Ms. SLAUGHTER. Mr. Speaker, I posal that we come back with his pack- to meet the challenges of this current yield 3 minutes to the gentleman from age to recommit, they will just not ac- period of difficulty with greater cer- Tennessee (Mr. TANNER). cept it, and we will be nowhere. That is

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.043 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8761 what has happened ever since July. now in which this body can blame the But as my dear friend, the gentleman Since July, we are nowhere, even other body for not acting. Unfortu- from Texas, said, they want to play the though we did our part. We passed a nately, the bill before us is not going blame game. payer package. If they had sent any- to get acted on either and yet we are Now, unemployment is a serious thing over, if they had sent the merest going to set up one last time in which issue. What they are doing in this bill dribble over, we would be able to nego- we are going to have the blame game in is not going to fix the unemployment tiate a package. I am sorry to have which we can point to somebody else problem. I will give chapter and verse taken the gentleman’s time. for us not doing our work. when we get on the substance. But the Mr. LINDER. Mr. Speaker, I am If the previous question is voted fact that they will not allow us to put pleased to yield 2 minutes to the gen- down, then we can take care of nursing any kind of amendments up here is the tleman from Iowa (Mr. GANSKE). homes, hospitals, home health care, reason why this bill is no good, and it Mr. GANSKE. Mr. Speaker, in Iowa, and other health care providers exactly is what they have been doing for a the pediatricians, the obstetricians, like the majority side said we should whole year. the family practitioners rank 47th, 48th do it that was included within the They have known that the doctors and 50th in terms of reimbursement for budget this year. Nothing changes re- were being taken around the corner Medicare. With the cuts in physician garding what was passed in the House and beaten up for 5 percent. They have payments, many of them are making if we vote down the previous question. known that for 9 months. They are not decisions not to accept any new Medi- smart enough to put together some- b 1800 care patients, and many are actually thing with the other side to get it making decisions to drop out of Medi- All of the good things in this bill, all through. Now here they are at the last care. of the other things are in. It has just as day and saying, well, Thanksgiving is This comes about because there was good a chance of passing as the sim- coming, Christmas is coming, send a faulty formula for a couple of years, plified, watered-down bill we have to- them another package; but they are and what we are dealing with now is night. not putting any stamps on it. It is the opportunity to at least allow the It is unfortunate we have gotten our- never going to get through this place. administration to look at this. This selves into this position; but we have, That has got to stop. These are issues does not mean that other providers will for all the reasons, many of which were that affect Democrats and Republicans; not be taken care of in a package. But very successful politically. But that it is not partisan. Doctors, rural hos- we tried to put together a balanced does not help the rural hospitals in my pitals are Democrat and they are Re- package earlier in the year when we district. That does not help the one- publican. As long as they try and fix were dealing with prescription drugs, third of the nursing homes in the State the problem by coming out here and and we just did not get it done in the of Texas that are now in bankruptcy, slapping one, two, three Band-Aids on other body in order to go to a con- and another one-fourth that are hang- to fix what they should have done, it ference to work it out. ing on bankruptcy if we do not act, and will not work. Just because we cannot do every- act sooner, not later. The unemployment bill was badly thing, as has already been stated, does Excuses and finger-pointing are not written in the first place, and we not mean we should not do something going to get the job done. All we en- begged them to come and do something or at least allow the administration courage is a vote against the previous about it. What do they do? Extend it the opportunity to do that. This is not question so we can send the package to for another 5 weeks. They say, well, an- unique to Iowa. We are seeing this in the Senate, to the other body, that will other 5 weeks. The long-term unem- many, many other places around the do exactly what the majority wanted ployment in this country is going up country. This is a result of a flawed to do and a lot of folks on this side of dramatically. We ought to vote this formula, and it would be my plea to my the aisle also wanted to get done. rule down and write a decent one. colleagues on both sides of the aisle to But Members should not deceive Mr. LINDER. Mr. Speaker, I yield allow this minimal provision to simply themselves that they are going to ac- myself such time as I may consume. prevent a lawsuit from occurring from complish this with a finger-pointing Mr. Speaker, I would like to say that a disaffected other provider group. exercise today. I encourage a vote is one of the gentleman’s more inter- I would make an argument that if against the previous question, allow esting bits of prose. I suppose there is the administration would do something the Tanner amendment to then come a kernel of thought lurking in it, but I on this, that it would actually be to immediately back with everything, and did not detect it. the benefit of the other provider groups then let us see whose fault it might be. Mr. Speaker, I reserve the balance of early next year, because it actually re- Ms. SLAUGHTER. Mr. Speaker, I my time. moves one of the players from the table yield 2 minutes to the gentleman from Ms. SLAUGHTER. Mr. Speaker, I and, I think, then increases the bounty Washington (Mr. MCDERMOTT). yield 3 minutes to the gentleman from on that table for the other providers. Mr. MCDERMOTT. Mr. Speaker, I Oregon (Mr. DEFAZIO). This is a rather unique situation and I thank the gentlewoman from New Mr. DEFAZIO. Mr. Speaker, I thank would ask my colleagues to support the York for yielding time to me. the gentlewoman for yielding time to rule and also the bill. Mr. Speaker, it is really nice that we me. Finally, since this will be the last can end this session with one more act Mr. Speaker, the Republican leader- time I speak on this floor, I just want from the Republican economic follies. I ship has taken care of their colleagues to thank my colleagues from both sides mean, this is the craziest piece of legis- in the Congress. There is going to be a of the aisle. I have made a lot of friend- lation I have ever seen, and this rule is tidy COLA made available to Members ships here in the House and I will an amazingly stupid rule. of Congress that will far exceed 6 treasure them forever. They bring a bill out here for equity months’ worth of unemployment bene- Ms. SLAUGHTER. Mr. Speaker, I for the veterans, right? Oh, well, now fits for most Americans. In this bill, all yield 3 minutes to the gentleman from we are here, let us throw a little some- they could find room for was a 5-week Texas (Mr. STENHOLM). thing on for the doctors. While we are extension. Mr. STENHOLM. Mr. Speaker, I want here, let us throw a little something on I have to admit, coming from the to make it very clear that I support for unemployment. State of Oregon, with the second-high- the bill before us today, but I urge op- We had extended hearings on this est unemployment rate in the Nation, position to the previous question for issue. Our committee went over and with 2,500 people a week exhausting the reasons of which the gentleman over again and heard about all the their benefits, that that is better than from Tennessee amplified on a moment problems. Like heck we did; there were nothing. Those families now know that ago. no hearings. They come out here with through Christmas and the holidays The frustration that many of us have Band-Aids again, and everybody on this they will not be totally cut off. How- felt over the last 6 months, as the gen- floor knows this bill is going to die. ever, it creates an incredible amount of tlewoman spoke of a moment ago This is nonsense. It is not going to go uncertainty for those families come about the Senate, the time is limited over to the Senate and be accepted. the end of January.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.049 H14PT1 H8762 CONGRESSIONAL RECORD — HOUSE November 14, 2002 We cannot do better than that? We so many of their faces as I have gone amendment ensures that all these pro- can give ourselves a COLA for 12 around communities in Oregon and in viders have the resources needed to months that far exceeds any benefits my town hall meetings. They are peo- continue caring for the beneficiaries. they can ever expect under unemploy- ple who have exhausted their benefits, This is a bipartisan initiative which in- ment, but somehow we cannot give their 26 weeks’ worth; and they are cludes the House Republican provider them the certainty of another 26 folks who, without an extension of this package from earlier this year. weeks? I do not understand that. I real- program, would not receive any assist- Mr. Speaker, I urge a ‘‘no’’ vote on ly do not understand that position in ance whatsoever. We need to help both the previous question so that we can this House. Why are we so stingy when groups, and I hope that we are able to offer this important amendment, and it comes to working people, and so gen- come back in the new Congress and ad- ask unanimous consent that the text of erous when it comes to insurance com- dress the needs of both groups. the amendment be printed in the panies and the pharmaceutical indus- However, tiding one group over RECORD immediately before the vote on try? It might have something to do through the holidays I believe is a nec- the previous question. with who funds our campaigns. essary step. I do intend to support the The SPEAKER pro tempore (Mr. This provision of this bill is essen- legislation. GUTKNECHT). Is there objection to the tial, but it is nowhere near enough. Ms. SLAUGHTER. Mr. Speaker, I request of the gentlewoman from New Congress will be immediately con- yield 11⁄2 minutes to the gentleman York? fronted upon returning in early Janu- from Arkansas (Mr. BERRY). There was no objection. Mr. LINDER. Mr. Speaker, I yield ary with the issue of further extending Mr. BERRY. Mr. Speaker, I thank the gentlewoman for yielding time to myself such time as I may consume. unemployment benefits and, hopefully, Mr. Speaker, I will agree that this is me, and I thank her for her leadership adopting an effective economic stim- not the best we can do, but it is the in this matter. ulus package. best we can do at this hour. I would Mr. Speaker, I agree, we should fix We simply need to put America back agree that it is perhaps true that the the physician fee schedule. We tried to to work. We have a trade policy that is other body may not take it up and pass fix it. We offered a pretty good one in exporting jobs, and we are being told it, just like they have not passed other the bill that was passed in this body that trickle-down will help stimulate things we have passed. This bill going earlier this year. the economy and put people back to over there unpassed will have lots of I can tell the Members this, this bill work; but my people are tired of being company, but it is trying to do the does not go far enough. Rural hos- trickled on. They need Federal invest- right thing. It is trying to help with pitals, nursing homes, long-term care ment. We need something that puts unemployment, it is trying to help facilities, and home health agencies them back to work. with TANF, and it is trying to help are all in trouble in rural America. Our We are holding back money from the with reimbursement. It is worth our rural health infrastructure is crum- Highway Trust Fund. That will put consideration. people back to work. We cannot get a bling. We suffer from a lack of nurses, I urge this body to pass the previous bill passed to deal with the forest fire doctors, skilled medical professionals. question, to pass the rule, and I will projects which could put people back to We are losing the ability to provide support the underlying legislation. work in the woods. We do not have health care to Medicare recipients be- Mrs. CHRISTENSEN. Mr. Speaker, although time for that, but we do have time for cause the reimbursement rates are so I have many problems with this bill, including some other special shenanigans around low, not only to the doctors but to the the limited extension of unemployment, as well here. hospitals and the other providers. as the lack of relief for all providers of Medi- Mr. Speaker, I will support the legis- Rural hospitals in my district are care, I rise to support the rule and the under- lation; but I bemoan the fact that Con- struggling to keep their doors open and lying bill because this short extension is better gress sees fit to take care of itself first, at the same time provide health care to than nothing, and it is likely all we can get its contributors second, and the work- our people. right now. ing people of America last in a very, It is time that we face this problem, I also support the bill and the rule because very, very cursory way that is only deal with it in a responsible way, and it addresses another very important issue af- temporary. stop playing the games that are being fecting health care for countless Americans. It Mr. LINDER. Mr. Speaker, I reserve played like we are doing here tonight. does what I have always thought was possible the balance of my time. We just passed a bill yesterday that re- anyway, which is to clarify the authority of the Ms. SLAUGHTER. Mr. Speaker, I duces the amount of money that is Administrator of Center for Medicare and Med- yield 3 minutes to the gentleman from spent on road construction, which does icaid Services to reverse the cuts, and hope- Oregon (Mr. WU). not make any sense at all. If there is fully revise the way provider payments for phy- Mr. WU. Mr. Speaker, I thank the one thing we know that helps the econ- sicians are determined. gentlewoman for yielding time to me. omy, it is constructing highways. It This is not a perfect solution, because Con- Mr. Speaker, thousands and thou- gives us not only immediate jobs, but gress should have reversed the cut once and sands of Oregonians who have worked long-term benefits. We are playing all for all, but it may also help set a precedent for hard, played by the rules, frequently these games with the American people. issues such as this in the future. gotten a good education, and worked I hope that the people that are sup- There were many measures I hoped would hard all their lives are currently with- porting this today have to go and face be passed and issues addressed in a lame out work. Many of them will be losing these people that do not have any duck session this year, and reversing the cuts their unemployment benefits on De- health care 2 years from now. in Medicare provider payments was one of the cember 28. Ms. SLAUGHTER. Mr. Speaker, I important ones. Health care providers have The legislation before us is hardly a yield myself the balance of my time. borne 4 cuts over the past 10 years and an- perfect piece of legislation, but it will Mr. Speaker, if the previous question other cut is expected within two years. This Is get a lot of folks over the hump until is defeated, and we will call a vote on in addition to the fact that the payment sched- we can come back to this piece of legis- that, I am going to offer an amendment ule, which barely allows doctors to keep their lation in the new congressional session. to the rule. Unlike the language in the office open, was erroneously determined. This I hope that we will be able to do that. bill which indemnifies the administra- administration and CMS are forcing good doc- I have legislation before this Cham- tion if it chooses to adjust Medicare tors and other providers out of practice and ber, H.R. 5731, which would not only ex- physician payments, my amendment denying quality health care to increasing num- tend the unemployment assistance ben- both protects beneficiaries from the bers of Americans. efit program, it would also extend the harmful effects of physicians dropping We have a lot more work to do to fix this period of time in which any individual out of the program, and guarantees a broken health care system in this country, but could receive assistance. I think that is payment increase for the physicians. because we are leaving to go back home to- a very necessary step to take at this Other Medicare providers, including night, we cannot do it now. point. hospitals, home health agencies, and I hope my friends in the majority will commit There are two kinds of folks, at least, nursing homes also provide essential themselves to doing more than this band aid who are hurting out there. I have seen care to seniors and the disabled. The fix when we return next year.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\K14NO7.052 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8763 The text of the amendment pre- Shays Sununu Walsh and DELAHUNT changed their vote Sherwood Sweeney Wamp viously referred to by Ms. SLAUGHTER Shimkus Tancredo Watkins (OK) from ‘‘yea’’ to ‘‘nay.’’ is as follows: Shuster Tauzin Watts (OK) Mr. NUSSLE changed his vote from At the end of the resolution, add the fol- Simmons Taylor (NC) Weldon (FL) ‘‘nay’’ to ‘‘yea.’’ lowing: Simpson Terry Weller So the previous question was ordered. Skeen Thomas Whitfield Sec. ll. Notwithstanding any other pro- The result of the vote was announced vision of this resolution, the first amend- Smith (MI) Thornberry Wicker Smith (NJ) Thune Wilson (NM) as above recorded. ment printed in the report of the Committee Smith (TX) Tiberi Wilson (SC) The SPEAKER pro tempore (Mr. on Rules shall be modified by adding the text Souder Upton Wolf of H.R. 5729. Stearns Vitter Young (AK) ISAKSON). The question is on the reso- Mr. LINDER. Mr. Speaker, I yield Sullivan Walden Young (FL) lution. The question was taken; and the back the balance of my time, and I NAYS—198 move the previous question on the res- Speaker pro tempore announced that Abercrombie Harman Obey the ayes appeared to have it. olution. Ackerman Hastings (FL) Olver The previous question was ordered. Allen Hill Ortiz RECORDED VOTE The SPEAKER pro tempore. The Andrews Hilliard Owens Ms. SLAUGHTER. Mr. Speaker, I de- Baca Hinchey Pallone mand a recorded vote. question is on the resolution. Baird Hinojosa Pascrell The question was taken; and the Baldwin Hoeffel Pastor A recorded vote was ordered. Speaker pro tempore announced that Barrett Holden Payne The SPEAKER pro tempore. This Becerra Holt Pelosi will be a 5-minute vote. the noes appeared to have it. Bentsen Honda Peterson (MN) The vote was taken by electronic de- Mr. LINDER. Mr. Speaker, on that I Berkley Hoyer Phelps demand the yeas and nays. Berman Inslee Pomeroy vice, and there were—ayes 245, noes 137, Berry Israel Price (NC) not voting 49, as follows: The yeas and nays were ordered. Bishop Jackson (IL) Rahall [Roll No. 480] The SPEAKER pro tempore. Pursu- Blumenauer Jackson-Lee Rangel ant to clause 9 of rule XX, the Chair Bonior (TX) Reyes AYES—245 Borski Jefferson will reduce to 5 minutes the minimum Rivers Aderholt Everett Lewis (CA) Boswell John Rodriguez Akin Ferguson Lewis (KY) time for electronic voting, if ordered, Boucher Johnson, E. B. Roemer Andrews Flake Linder on the question of adoption of the reso- Brady (PA) Jones (OH) Ross Baca Fletcher LoBiondo Brown (FL) Kanjorski lution. Rothman Bachus Foley Lucas (KY) Brown (OH) Kaptur Roybal-Allard Ballenger Forbes Lucas (OK) The vote was taken by electronic de- Capps Kennedy (RI) Rush Barr Fossella Manzullo vice, and there were—yeas 207, nays Capuano Kildee Sabo Bartlett Frelinghuysen Matheson Cardin Kilpatrick 198, not voting 26, as follows: Sanchez Barton Frost McCarthy (NY) Carson (IN) Kind (WI) [Roll No. 479] Sanders Bass Gallegly McCrery Carson (OK) Kucinich Sandlin Bereuter Ganske McHugh YEAS—207 Clay LaFalce Sawyer Berkley Gekas McIntyre Clayton Lampson Aderholt Foley Lewis (CA) Schakowsky Berry Gibbons McKeon Clement Langevin Akin Forbes Lewis (KY) Schiff Biggert Gilchrest Menendez Clyburn Lantos Armey Fossella Linder Scott Bilirakis Gilman Mica Conyers Larsen (WA) Bachus Frelinghuysen LoBiondo Serrano Bishop Gonzalez Miller, Dan Costello Larson (CT) Baker Gallegly Lucas (OK) Sherman Blunt Goode Miller, Jeff Coyne Lee Ballenger Ganske Manzullo Shows Boehlert Gordon Moore Cramer Levin Barr Gekas McCrery Skelton Boehner Goss Moran (KS) Crowley Lofgren Bartlett Gibbons McHugh Bonilla Graham Morella Cummings Lowey Slaughter Barton Gilchrest McInnis Bono Granger Myrick Davis (CA) Lucas (KY) Smith (WA) Bass Gillmor McKeon Boozman Graves Nethercutt Davis (FL) Luther Snyder Bereuter Gilman Mica Brady (TX) Green (WI) Ney Davis (IL) Lynch Solis Biggert Goode Miller, Dan Brown (FL) Greenwood Northup DeFazio Maloney (CT) Spratt Bilirakis Goodlatte Miller, Gary Brown (SC) Gutknecht Ortiz DeGette Maloney (NY) Stark Blunt Goss Miller, Jeff Bryant Hall (TX) Osborne Delahunt Markey Stenholm Boehlert Graham Moran (KS) Burr Hart Ose DeLauro Mascara Strickland Boehner Granger Morella Burton Hastings (WA) Oxley Deutsch Matheson Stupak Bonilla Graves Myrick Buyer Hayes Pastor Dicks Matsui Tanner Bono Green (WI) Ney Calvert Hayworth Paul Dingell McCarthy (MO) Tauscher Boozman Greenwood Northup Camp Hefley Pence Doggett McCarthy (NY) Taylor (MS) Brady (TX) Gutknecht Norwood Cannon Hill Peterson (PA) Dooley McCollum Thompson (CA) Brown (SC) Hansen Nussle Cantor Hilleary Petri Doyle McDermott Thompson (MS) Bryant Hart Osborne Capito Hobson Phelps Edwards McGovern Thurman Burr Hastings (WA) Ose Cardin Hoekstra Pickering Engel McIntyre Tierney Burton Hayes Otter Castle Holden Pitts Eshoo McNulty Towns Buyer Hayworth Oxley Chabot Holt Platts Etheridge Meehan Turner Calvert Hefley Paul Chambliss Horn Pombo Evans Meek (FL) Udall (CO) Camp Herger Pence Clayton Hoyer Pomeroy Farr Meeks (NY) Udall (NM) Cannon Hilleary Peterson (PA) Clement Hulshof Portman Fattah Menendez Velazquez Cantor Hobson Petri Coble Hunter Pryce (OH) Filner Millender- Visclosky Capito Hoekstra Pickering Collins Hyde Putnam Ford McDonald Waters Castle Horn Pitts Costello Isakson Quinn Frank Miller, George Watson (CA) Chabot Hostettler Platts Cox Israel Rahall Frost Mollohan Watt (NC) Chambliss Hulshof Pombo Cramer Issa Ramstad Gephardt Moore Waxman Coble Hunter Portman Crenshaw Istook Regula Gonzalez Moran (VA) Weiner Collins Hyde Pryce (OH) Cubin Jackson-Lee Rehberg Gordon Murtha Wexler Cox Isakson Putnam Culberson (TX) Reyes Green (TX) Nadler Woolsey Crane Issa Quinn Cunningham Jefferson Reynolds Gutierrez Napolitano Wu Crenshaw Istook Radanovich Davis, Jo Ann Jenkins Riley Hall (TX) Neal Wynn Cubin Jenkins Ramstad Davis, Tom John Rodriguez Culberson Johnson (CT) Regula NOT VOTING—26 Deal Johnson (CT) Rogers (KY) Cunningham Johnson (IL) Rehberg DeFazio Johnson (IL) Rogers (MI) Davis, Jo Ann Johnson, Sam Reynolds Baldacci Doolittle Nethercutt DeLay Johnson, Sam Rohrabacher Davis, Tom Jones (NC) Riley Barcia Ehrlich Oberstar DeMint Jones (NC) Ros-Lehtinen Deal Keller Rogers (KY) Blagojevich Grucci Roukema Dicks Kelly Ross DeLay Kelly Rogers (MI) Boyd Hooley Sensenbrenner Dingell Kennedy (MN) Rothman DeMint Kennedy (MN) Rohrabacher Callahan Houghton Stump Dooley Kerns Royce Dreier Kerns Ros-Lehtinen Combest Kleczka Tiahrt Dreier King (NY) Ryun (KS) Duncan King (NY) Royce Condit Lewis (GA) Toomey Duncan Kingston Saxton Dunn Kingston Ryan (WI) Cooksey Lipinski Weldon (PA) Dunn Kirk Schaffer Ehlers Kirk Ryun (KS) Diaz-Balart McKinney Edwards Knollenberg Schrock Emerson Knollenberg Saxton Ehlers Kolbe Sessions English Kolbe Schaffer Emerson LaHood Shadegg Everett LaHood Schrock b 1841 English Latham Shaw Ferguson Latham Sessions Eshoo LaTourette Shays Flake LaTourette Shadegg Messrs. OWENS, RODRIQUEZ, Evans Leach Sherwood Fletcher Leach Shaw MEEKS of New York, JEFFERSON,

VerDate 0ct 31 2002 05:44 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K14NO7.054 H14PT1 H8764 CONGRESSIONAL RECORD — HOUSE November 14, 2002 Shimkus Sweeney Walden Lynch Olver Slaughter Simpson Tiahrt Watson (CA) Shows Tancredo Walsh Maloney (CT) Owens Smith (WA) Stump Toomey Weldon (PA) Shuster Tauzin Wamp Maloney (NY) Pallone Snyder Simmons Taylor (MS) Watkins (OK) Markey Pascrell Solis b 1852 Skeen Taylor (NC) Watts (OK) Mascara Payne Spratt Skelton Terry Weldon (FL) Matsui Pelosi Stark Ms. HARMAN changed her vote from Smith (MI) Thomas Weller McCarthy (MO) Peterson (MN) Strickland ‘‘aye’’ to ‘‘no.’’ Smith (NJ) Thornberry Wexler McCollum Price (NC) Tanner Ms. BERKLEY changed her vote from Smith (TX) Thune Whitfield McDermott Rangel Tauscher ‘‘no’’ to ‘‘aye.’’ Souder Thurman Wicker McGovern Rivers Thompson (CA) Stearns Tiberi Wilson (NM) McNulty Roemer Thompson (MS) So the resolution was agreed to. Stenholm Turner Wilson (SC) Meehan Roybal-Allard Tierney The result of the vote was announced Stupak Udall (CO) Wolf Meek (FL) Rush Towns as above recorded. Sullivan Upton Young (AK) Meeks (NY) Sabo Udall (NM) Sununu Vitter Young (FL) Millender- Sanchez Velazquez A motion to reconsider was laid on McDonald Sanders Visclosky the table. NOES—137 Miller, George Sandlin Waters Stated for: Moran (VA) Sawyer Watt (NC) Abercrombie Cummings Honda Murtha Schakowsky Waxman Mr. GOODLATTE. Mr. Speaker, on rollcall Ackerman Davis (CA) Hostettler Napolitano Schiff Weiner No. 480 I was inadvertently detained. Had I Allen Davis (FL) Inslee Neal Scott Woolsey been present, I would have voted ‘‘aye.’’ Baird Davis (IL) Jackson (IL) Nussle Serrano Wu Baldwin DeGette Johnson, E. B. Obey Sherman Wynn f Barrett Delahunt Jones (OH) Becerra DeLauro Kanjorski NOT VOTING—49 PERSONAL EXPLANATION Bentsen Doggett Kaptur Berman Doyle Kennedy (RI) Armey Doolittle Luther Mr. TIAHRT. Mr. Speaker, today November Blumenauer Engel Kildee Baker Ehrlich McInnis 14, I was unavoidably detained and missed Boswell Etheridge Kilpatrick Baldacci Gephardt McKinney two rollcall votes numbered 479 and 480. Boucher Farr Kind (WI) Barcia Gillmor Miller, Gary Brady (PA) Fattah Kucinich Blagojevich Goodlatte Mollohan Rollcall No. 479 was a vote on ordering the Brown (OH) Filner LaFalce Bonior Grucci Nadler Previous Question concerning the Rule for Capps Ford Lampson Borski Hansen Norwood H.R. 5063. Had I been present, I would have Capuano Frank Langevin Boyd Herger Oberstar Carson (IN) Green (TX) Lantos Callahan Hilliard voted ‘‘yea.’’ Otter Carson (OK) Gutierrez Larson (CT) Combest Hooley Rollcall No. 480 was on passage of H. Res. Radanovich Clay Harman Lee Condit Houghton Roukema 609, the ‘‘Rule Providing for Consideration of Clyburn Hastings (FL) Levin Cooksey Keller the Armed Forced Tax Fairness Act of 2002.’’ Conyers Hinchey Lewis (GA) Crane Kleczka Ryan (WI) Coyne Hinojosa Lofgren Deutsch Larsen (WA) Sensenbrenner Had I been present I would have voted ‘‘yea’’ Crowley Hoeffel Lowey Diaz-Balart Lipinski on H. Res. 609.

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

CONFERENCE REPORT (H. REPT. 107–789) Sec. 107. Specific authorization of funds for in- Sec. 322. Modification of excepted agency vol- The committee of conference on the dis- telligence or intelligence-related untary leave transfer authority. agreeing votes of the two Houses on the activities for which fiscal year Sec. 323. Sense of Congress on diversity in the amendment of the Senate to the bill (H.R. 2003 appropriations exceed workforce of intelligence commu- 4628), to authorize appropriations for fiscal amounts authorized. nity agencies. year 2003 for intelligence and intelligence-re- Sec. 108. Incorporation of reporting require- Sec. 324. Annual report on hiring and retention lated activities of the United States Govern- ments. of minority employees in the intel- ment, the Community Management Account, Sec. 109. Preparation and submittal of reports, ligence community. and the Central Intelligence Agency Retire- reviews, studies, and plans relat- Sec. 325. Report on establishment of a Civilian ment and Disability System, and for other ing to intelligence activities of De- Linguist Reserve Corps. partment of Defense or Depart- purposes, having met after full and free con- Subtitle D—Education ference, having agreed to recommend and do ment of Energy. Sec. 331. Scholarships and work-study for pur- recommend to their respective Houses as fol- TITLE II—CENTRAL INTELLIGENCE AGEN- suit of graduate degrees in science lows: CY RETIREMENT AND DISABILITY SYS- and technology. That the House recede from its disagree- TEM Sec. 332. Cooperative relationship between the ment to the amendment of the Senate and Sec. 201. Authorization of appropriations. National Security Education Pro- agree to the same and with an amendment as TITLE III—GENERAL PROVISIONS gram and the Foreign Language follows: Center of the Defense Language In lieu of the matter proposed to be in- Subtitle A—Recurring General Provisions Institute. serted by the Senate amendment, insert the Sec. 301. Increase in employee compensation following: and benefits authorized by law. Sec. 333. Establishment of National Flagship Language Initiative within the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 302. Restriction on conduct of intelligence activities. National Security Education Pro- (a) SHORT TITLE.—This Act may be cited as gram. the ‘‘Intelligence Authorization Act for Fiscal Sec. 303. Sense of Congress on intelligence community contracting. Sec. 334. Report on the National Security Edu- Year 2003’’. cation Program. (b) TABLE OF CONTENTS.—The table of con- Subtitle B—Intelligence Subtitle E—Terrorism tents of this Act is as follows: Sec. 311. Specificity of National Foreign Intel- Sec. 1. Short title; table of contents. ligence Program budget amounts Sec. 341. Foreign Terrorist Asset Tracking Cen- ter. TITLE I—INTELLIGENCE ACTIVITIES for counterterrorism, counterproliferation, counter- Sec. 342. Semiannual report on financial intel- Sec. 101. Authorization of appropriations. narcotics, and counterintelligence on terrorist assets (FITA). Sec. 102. Classified schedule of authorizations. ligence. Sec. 343. Terrorist Identification Classification Sec. 103. Personnel ceiling adjustments. Sec. 312. Prohibition on compliance with re- System. Sec. 104. Intelligence Community Management quests for information submitted Account. Subtitle F—Other Matters by foreign governments. Sec. 105. Authorization of emergency supple- Sec. 351. Additional one-year suspension of re- Sec. 313. National Virtual Translation Center. mental appropriations for fiscal organization of Diplomatic Tele- year 2002. Subtitle C—Personnel communications Service Program Sec. 106. Additional authorizations of appro- Sec. 321. Standards and qualifications for the Office. priations for intelligence for the performance of intelligence activi- Sec. 352. Standardized transliteration of names war on terrorism. ties. into the Roman alphabet.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6343 E:\CR\FM\A14NO7.033 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8765 Sec. 353. Definition of congressional intel- Subtitle E—Repeal of Certain Report number authorized under such section may not, ligence committees in National Se- Requirements for any element of the intelligence community, curity Act of 1947. Sec. 841. Repeal of certain report requirements. exceed 2 percent of the number of civilian personnel authorized under such section for such TITLE IV—CENTRAL INTELLIGENCE TITLE IX—COUNTERINTELLIGENCE element. AGENCY ACTIVITIES (b) NOTICE TO INTELLIGENCE COMMITTEES.— Sec. 401. Two-year extension of Central Intel- Sec. 901. Short title; purpose. The Director of Central Intelligence shall notify ligence Agency Voluntary Separa- Sec. 902. National Counterintelligence Execu- promptly the Permanent Select Committee on In- tion Pay Act. tive. telligence of the House of Representatives and Sec. 402. Implementation of compensation re- Sec. 903. National Counterintelligence Policy form plan. the Select Committee on Intelligence of the Sen- Board. ate whenever the Director exercises the author- TITLE V—DEPARTMENT OF DEFENSE Sec. 904. Office of the National Counterintel- ity granted by this section. INTELLIGENCE ACTIVITIES ligence Executive. SEC. 104. INTELLIGENCE COMMUNITY MANAGE- Sec. 501. Use of funds for counterdrug and TITLE X—NATIONAL COMMISSION FOR RE- MENT ACCOUNT. counterterrorism activities for Co- VIEW OF RESEARCH AND DEVELOPMENT (a) AUTHORIZATION OF APPROPRIATIONS.— lombia. PROGRAMS OF THE UNITED STATES IN- There is authorized to be appropriated for the Sec. 502. Protection of operational files of the TELLIGENCE COMMUNITY Intelligence Community Management Account National Reconnaissance Office. of the Director of Central Intelligence for fiscal Sec. 503. Eligibility of employees in Intelligence Sec. 1001. Findings. Sec. 1002. National Commission for the Review year 2003 the sum of $158,254,000. Within such Senior Level positions for Presi- amount, funds identified in the classified Sched- dential Rank Awards. of the Research and Development Programs of the United States In- ule of Authorizations referred to in section TITLE VI—NATIONAL COMMISSION ON telligence Community. 102(a) for advanced research and development TERRORIST ATTACKS UPON THE UNITED Sec. 1003. Powers of Commission. shall remain available until September 30, 2004. STATES. Sec. 1004. Staff of Commission. (b) AUTHORIZED PERSONNEL LEVELS.—The ele- Sec. 601. Establishment of Commission. Sec. 1005. Compensation and travel expenses. ments within the Intelligence Community Man- Sec. 602. Purposes. Sec. 1006. Treatment of information relating to agement Account of the Director of Central In- Sec. 603. Composition of Commission. national security. telligence are authorized 322 full-time personnel Sec. 604. Functions of Commission. Sec. 1007. Final report; termination. as of September 30, 2003. Personnel serving in Sec. 605. Powers of Commission. Sec. 1008. Assessments of final report. such elements may be permanent employees of Sec. 606. Nonapplicability of Federal Advisory Sec. 1009. Inapplicability of certain administra- the Intelligence Community Management Ac- Committee Act. tive provisions. count or personnel detailed from other elements Sec. 607. Staff of Commission. Sec. 1010. Funding. of the United States Government. Sec. 608. Compensation and travel expenses. (c) CLASSIFIED AUTHORIZATIONS.— Sec. 1011. Definitions. Sec. 609. Security clearances for Commission (1) AUTHORIZATION OF APPROPRIATIONS.—In members and staff. TITLE I—INTELLIGENCE ACTIVITIES addition to amounts authorized to be appro- Sec. 610. Reports of Commission; termination. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. priated for the Intelligence Community Manage- Sec. 611. Funding. Funds are hereby authorized to be appro- ment Account by subsection (a), there are also TITLE VII—INFORMATION SHARING priated for fiscal year 2003 for the conduct of authorized to be appropriated for the Intel- Sec. 701. Short title. the intelligence and intelligence-related activi- ligence Community Management Account for Sec. 702. Findings and sense of Congress. ties of the following elements of the United fiscal year 2003 such additional amounts as are Sec. 703. Facilitating homeland security infor- States Government: specified in the classified Schedule of Author- mation sharing procedures. (1) The Central Intelligence Agency. izations referred to in section 102(a). Such addi- Sec. 704. Report. (2) The Department of Defense. tional amounts for research and development Sec. 705. Authorization of appropriations. (3) The Defense Intelligence Agency. shall remain available until September 30, 2004. Sec. 706. Coordination provision. (4) The National Security Agency. (2) AUTHORIZATION OF PERSONNEL.—In addi- TITLE VIII—REPORTING REQUIREMENTS (5) The Department of the Army, the Depart- tion to the personnel authorized by subsection (b) for elements of the Intelligence Community Subtitle A—Overdue Reports ment of the Navy, and the Department of the Air Force. Management Account as of September 30, 2003, Sec. 801. Deadline for submittal of various over- there are hereby authorized such additional per- due reports. (6) The Department of State. (7) The Department of the Treasury. sonnel for such elements as of that date as are Subtitle B—Submittal of Reports to Intelligence (8) The Department of Energy. specified in the classified Schedule of Author- Committees (9) The Federal Bureau of Investigation. izations. Sec. 811. Dates for submittal of various annual (10) The National Reconnaissance Office. (d) REIMBURSEMENT.—Except as provided in and semiannual reports to the (11) The National Imagery and Mapping section 113 of the National Security Act of 1947 congressional intelligence commit- Agency. (50 U.S.C. 404h), during fiscal year 2003 any of- tees. (12) The Coast Guard. ficer or employee of the United States or a member of the Armed Forces who is detailed to the Subtitle C—Recurring Annual Reports SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS. staff of the Intelligence Community Manage- Sec. 821. Annual report on threat of attack on ment Account from another element of the (a) SPECIFICATIONS OF AMOUNTS AND PER- the United States using weapons United States Government shall be detailed on a SONNEL CEILINGS.—The amounts authorized to of mass destruction. reimbursable basis, except that any such officer, Sec. 822. Annual report on covert leases. be appropriated under section 101, and the au- employee, or member may be detailed on a non- Sec. 823. Annual report on improvement of fi- thorized personnel ceilings as of September 30, reimbursable basis for a period of less than one nancial statements of certain ele- 2003, for the conduct of the intelligence and in- year for the performance of temporary functions ments of the intelligence commu- telligence-related activities of the elements listed as required by the Director of Central Intel- nity for auditing purposes. in such section, are those specified in the classi- ligence. Sec. 824. Annual report on activities of Federal fied Schedule of Authorizations prepared to ac- (e) NATIONAL DRUG INTELLIGENCE CENTER.— Bureau of Investigation personnel company the conference report on H.R. 4628 of (1) IN GENERAL.—Of the amount authorized to outside the United States. the One Hundred Seventh Congress. be appropriated in subsection (a), $34,100,000 Sec. 825. Annual reports of inspectors general (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF shall be available for the National Drug Intel- of the intelligence community on AUTHORIZATIONS.—The Schedule of Authoriza- ligence Center. Within such amount, funds pro- proposed resources and activities tions shall be made available to the Committees vided for research, development, testing, and of their offices. on Appropriations of the Senate and House of evaluation purposes shall remain available until Sec. 826. Annual report on counterdrug intel- Representatives and to the President. The Presi- September 30, 2004, and funds provided for pro- ligence matters. dent shall provide for suitable distribution of curement purposes shall remain available until Sec. 827. Annual report on foreign companies the Schedule, or of appropriate portions of the September 30, 2005. involved in the proliferation of Schedule, within the executive branch. (2) TRANSFER OF FUNDS.—The Director of Cen- weapons of mass destruction that SEC. 103. PERSONNEL CEILING ADJUSTMENTS. tral Intelligence shall transfer to the Attorney raise funds in the United States (a) AUTHORITY FOR ADJUSTMENTS.—With the General funds available for the National Drug capital markets. approval of the Director of the Office of Man- Intelligence Center under paragraph (1). The Subtitle D—Other Reports agement and Budget, the Director of Central In- Attorney General shall utilize funds so trans- Sec. 831. Report on effect of country-release re- telligence may authorize employment of civilian ferred for the activities of the National Drug In- strictions on allied intelligence- personnel in excess of the number authorized for telligence Center. sharing relationships. fiscal year 2003 under section 102 when the Di- (3) LIMITATION.—Amounts available for the Sec. 832. Evaluation of policies and procedures rector of Central Intelligence determines that National Drug Intelligence Center may not be of Department of State on protec- such action is necessary to the performance of used in contravention of the provisions of section of classified information at important intelligence functions, except that the tion 103(d)(1) of the National Security Act of department headquarters. number of personnel employed in excess of the 1947 (50 U.S.C. 403–3(d)(1)).

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(4) AUTHORITY.—Notwithstanding any other (b) CONGRESSIONAL INTELLIGENCE COMMITTEES Subtitle B—Intelligence provision of law, the Attorney General shall re- DEFINED.—In this section, the term SEC. 311. SPECIFICITY OF NATIONAL FOREIGN IN- tain full authority over the operations of the ‘‘congressional intelligence committees’’ means— TELLIGENCE PROGRAM BUDGET National Drug Intelligence Center. (1) the Select Committee on Intelligence of the AMOUNTS FOR SEC. 105. AUTHORIZATION OF EMERGENCY SUP- Senate; and COUNTERTERRORISM, COUNTERPROLIFERATION, COUN- PLEMENTAL APPROPRIATIONS FOR (2) the Permanent Select Committee on Intel- FISCAL YEAR 2002. TERNARCOTICS, AND COUNTER- ligence of the House of Representatives. INTELLIGENCE. (a) AUTHORIZATION.—Amounts authorized to be appropriated for fiscal year 2002 under sec- SEC. 109. PREPARATION AND SUBMITTAL OF RE- (a) IN GENERAL.—Title V of the National Se- tion 101 of the Intelligence Authorization Act PORTS, REVIEWS, STUDIES, AND curity Act of 1947 (50 U.S.C. 413 et seq.) is PLANS RELATING TO INTELLIGENCE for Fiscal Year 2002 (Public Law 107–108) for the amended by adding at the end the following ACTIVITIES OF DEPARTMENT OF DE- new section: conduct of the intelligence activities of elements FENSE OR DEPARTMENT OF ENERGY. of the United States Government listed in such ‘‘SPECIFICITY OF NATIONAL FOREIGN INTEL- (a) CONSULTATION IN PREPARATION.—(1) The section are hereby increased, with respect to LIGENCE PROGRAM BUDGET AMOUNTS FOR Director of Central Intelligence shall ensure any such authorized amount, by the amount by COUNTERTERRORISM, COUNTERPROLIFERATION, that any report, review, study, or plan required which appropriations pursuant to such author- COUNTERNARCOTICS, AND COUNTERINTEL- to be prepared or conducted by a provision of ization were increased by the following: LIGENCE this Act, including a provision of the classified (1) The Emergency Supplemental Act, 2002 ‘‘SEC. 506. (a) IN GENERAL.—The budget jus- Schedule of Authorizations referred to in section (contained in division B of Public Law 107–117), tification materials submitted to Congress in 102(a) or the classified annex to this Act, that including section 304 of such Act (115 Stat. support of the budget of the President for a fis- involves the intelligence or intelligence-related 2300). cal year that is submitted to Congress under sec- (2) The 2002 Supplemental Appropriations Act activities of the Department of Defense or the tion 1105(a) of title 31, United States Code, shall for Further Recovery From and Response To Department of Energy is prepared or conducted set forth separately the aggregate amount re- Terrorist Attacks on the United States (Public in consultation with the Secretary of Defense or quested for that fiscal year for the National For- Law 107–206), for such amounts as are des- the Secretary of Energy, as appropriate. eign Intelligence Program for each of the fol- ignated by Congress as an emergency require- (2) The Secretary of Defense or the Secretary lowing: ment pursuant to section 251(b)(2)(A) of the Bal- of Energy may carry out any consultation re- ‘‘(1) Counterterrorism. anced Budget and Emergency Deficit Control quired by this subsection through an official of ‘‘(2) Counterproliferation. Act of 1985 (2 U.S.C. 901(b)(2)(A)). the Department of Defense or the Department of ‘‘(3) Counternarcotics. (b) RATIFICATION.—For purposes of section 504 Energy, as the case may be, designated by such ‘‘(4) Counterintelligence. of the National Security Act of 1947 (50 U.S.C. Secretary for that purpose. ‘‘(b) ELECTION OF CLASSIFIED OR UNCLASSI- 414), any obligation or expenditure of those (b) SUBMITTAL.—Any report, review, study, or FIED FORM.—Amounts set forth under sub- amounts deemed to have been specifically au- plan referred to in subsection (a) shall be subsection (a) may be set forth in unclassified form thorized by the Acts referred to in subsection (a) mitted, in addition to any other committee of or classified form, at the election of the Director is hereby ratified and confirmed. Congress specified for submittal in the provision of Central Intelligence.’’. (b) CLERICAL AMENDMENT.—The table of sec- SEC. 106. ADDITIONAL AUTHORIZATIONS OF AP- concerned, to the following committees of Con- PROPRIATIONS FOR INTELLIGENCE gress: tions for that Act is amended by inserting after the item relating to section 505 the following FOR THE WAR ON TERRORISM. (1) The Committees on Armed Services and new item: (a) IN GENERAL.—Subject to subsection (b), Appropriations and the Select Committee on In- the amounts requested in the letter dated July 3, telligence of the Senate. ‘‘Sec. 506. Specificity of National Foreign Intel- 2002, of the President to the Speaker of the (2) The Committees on Armed Services and ligence Program budget amounts House of Representatives, related to the Defense Appropriations and the Permanent Select Com- for counterterrorism, Emergency Response Fund and that are des- mittee on Intelligence of the House of Represent- counterproliferation, counter- ignated for the incremental costs of intelligence atives. narcotics, and counterintel- and intelligence-related activities for the war on ligence.’’. terrorism are authorized. TITLE II—CENTRAL INTELLIGENCE AGEN- SEC. 312. PROHIBITION ON COMPLIANCE WITH (b) LIMITATIONS.—The amounts referred to in CY RETIREMENT AND DISABILITY SYS- REQUESTS FOR INFORMATION SUB- subsection (a)— TEM MITTED BY FOREIGN GOVERN- MENTS. (1) are authorized only for activities directly SEC. 201. AUTHORIZATION OF APPROPRIATIONS. related to identifying, responding to, or pro- Section 552(a)(3) of title 5, United States Code, There is authorized to be appropriated for the tecting against acts or threatened acts of ter- is amended— Central Intelligence Agency Retirement and Dis- rorism; (1) in subparagraph (A) by inserting ‘‘and ex- (2) are not authorized to correct programmatic ability Fund for fiscal year 2003 the sum of cept as provided in subparagraph (E),’’ after ‘‘of or fiscal deficiencies in major acquisition pro- $222,500,000. this subsection,’’; and grams which will not achieve initial operational TITLE III—GENERAL PROVISIONS (2) by adding at the end the following: capabilities within two years of the date of the ‘‘(E) An agency, or part of an agency, that is Subtitle A—Recurring General Provisions enactment of this Act; and an element of the intelligence community (as (3) are not available until the end of the 10- SEC. 301. INCREASE IN EMPLOYEE COMPENSA- that term is defined in section 3(4) of the Na- day period that begins on the date written no- TION AND BENEFITS AUTHORIZED tional Security Act of 1947 (50 U.S.C. 401a(4))) tice is provided to the Select Committee on Intel- BY LAW. shall not make any record available under this ligence and the Committee on Appropriations of Appropriations authorized by this Act for sal- paragraph to— the Senate and the Permanent Select Committee ary, pay, retirement, and other benefits for Fed- ‘‘(i) any government entity, other than a on Intelligence and the Committee on Appro- eral employees may be increased by such addi- State, territory, commonwealth, or district of the priations of the House of Representatives. tional or supplemental amounts as may be nec- United States, or any subdivision thereof; or ‘‘(ii) a representative of a government entity SEC. 107. SPECIFIC AUTHORIZATION OF FUNDS essary for increases in such compensation or FOR INTELLIGENCE OR INTEL- benefits authorized by law. described in clause (i).’’. LIGENCE-RELATED ACTIVITIES FOR SEC. 302. RESTRICTION ON CONDUCT OF INTEL- SEC. 313. NATIONAL VIRTUAL TRANSLATION CEN- WHICH FISCAL YEAR 2003 APPRO- LIGENCE ACTIVITIES. TER. PRIATIONS EXCEED AMOUNTS AU- (a) ESTABLISHMENT.—The Director of Central The authorization of appropriations by this THORIZED. Intelligence, acting as the head of the intel- Act shall not be deemed to constitute authority Funds appropriated for an intelligence or in- ligence community, shall establish in the intel- for the conduct of any intelligence activity telligence-related activity for fiscal year 2003 in ligence community an element with the function which is not otherwise authorized by the Con- excess of the amount specified for such activity of connecting the elements of the intelligence stitution or the laws of the United States. in the classified Schedule of Authorizations pre- community engaged in the acquisition, storage, pared to accompany this Act shall be deemed to SEC. 303. SENSE OF CONGRESS ON INTEL- translation, or analysis of voice or data in dig- be specifically authorized by Congress for pur- LIGENCE COMMUNITY CON- ital form. poses of section 504(a)(3) of the National Secu- TRACTING. (b) DESIGNATION.—The element established rity Act of 1947 (50 U.S.C. 414(a)(3)). It is the sense of Congress that the Director of under subsection (a) shall be known as the Na- SEC. 108. INCORPORATION OF REPORTING RE- Central Intelligence should continue to direct tional Virtual Translation Center. QUIREMENTS. that elements of the intelligence community, (c) ADMINISTRATIVE MATTERS.—(1) The Direc- (a) IN GENERAL.—Each requirement to submit whenever compatible with the national security tor shall retain direct supervision and control a report to the congressional intelligence com- interests of the United States and consistent over the element established under subsection mittees that is included in the joint explanatory with operational and security concerns related (a). statement to accompany the conference report to the conduct of intelligence activities, and (2) The element established under subsection on the bill H.R. 4628 of the One Hundred Sev- where fiscally sound, should competitively (a) shall connect elements of the intelligence enth Congress, or in the classified annex to this award contracts in a manner that maximizes the community utilizing the most current available Act, is hereby incorporated into this Act, and is procurement of products properly designated as information technology that is applicable to the hereby made a requirement in law. having been made in the United States. function of the element.

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(d) DEADLINE FOR ESTABLISHMENT.—The ele- (5) The Defense Intelligence Agency was au- languages as the Secretary determines appro- ment required by subsection (a) shall be estab- thorized to establish an undergraduate training priate. lished as soon as practicable after the date of program for the purpose of recruiting and train- (b) MATTERS CONSIDERED.— the enactment of this Act, but not later than 90 ing minority operatives in 1988. (1) IN GENERAL.—In conducting the study, the days after that date. (6) The National Imagery and Mapping Agen- Secretary shall develop a proposal for the struc- Subtitle C—Personnel cy was authorized to establish an under- ture and operations of the Civilian Linguist Re- graduate training program for the purpose of reserve Corps. The proposal shall establish re- SEC. 321. STANDARDS AND QUALIFICATIONS FOR cruiting and training minority operatives in quirements for performance of duties and levels THE PERFORMANCE OF INTEL- LIGENCE ACTIVITIES. 2000. of proficiency in foreign languages of the mem- Section 104 of the National Security Act of (b) SENSE OF CONGRESS.—It is the sense of bers of the Civilian Linguist Reserve Corps, in- 1947 (50 U.S.C. 403–4) is amended— Congress that— cluding maintenance of language skills and spe- (1) the Director of the Federal Bureau of In- (1) by redesignating subsection (g) as sub- cific training required for performance of duties vestigation (with respect to the intelligence and section (h); and as a linguist of the Federal Government, and intelligence-related activities of the Bureau), the (2) by inserting after subsection (f) the fol- shall include recommendations on such other lowing new subsection (g): Director of Central Intelligence, the Director of matters as the Secretary determines appropriate. the National Security Agency, and the Director (2) CONSIDERATION OF USE OF DEFENSE LAN- ‘‘(g) STANDARDS AND QUALIFICATIONS FOR of the Defense Intelligence Agency should make GUAGE INSTITUTE AND LANGUAGE REGISTRIES.—In PERFORMANCE OF INTELLIGENCE ACTIVITIES.— The Director, acting as the head of the intel- the creation of a more diverse workforce a pri- developing the proposal under paragraph (1), ligence community, shall, in consultation with ority in hiring decisions; and the Secretary shall consider the appropriateness (2) the Director of Central Intelligence, the the heads of effected agencies, develop stand- of using— Director of the National Security Agency, the (A) the Defense Language Institute to conduct ards and qualifications for persons engaged in Director of the Defense Intelligence Agency, and testing for language skills proficiency and per- the performance of intelligence activities within the Director of the National Imagery and Map- formance, and to provide language refresher the intelligence community.’’. ping Agency should increase their minority re- courses; and SEC. 322. MODIFICATION OF EXCEPTED AGENCY cruitment efforts through the undergraduate (B) foreign language skill registries of the De- VOLUNTARY LEAVE TRANSFER AU- THORITY. training program provided for under law. partment of Defense or of other agencies or departments of the United States to identify indi- (a) IN GENERAL.—Section 6339 of title 5, SEC. 324. ANNUAL REPORT ON HIRING AND RE- viduals with sufficient proficiency in foreign United States Code, is amended— TENTION OF MINORITY EMPLOYEES IN THE INTELLIGENCE COMMUNITY. languages. (1) by striking subsection (b); Section 114 of the National Security Act of (3) CONSIDERATION OF THE MODEL OF THE RE- (2) by redesignating subsection (c) as sub- 1947 (50 U.S.C. 404i) is amended— SERVE COMPONENTS OF THE ARMED FORCES.—In section (b); and (1) by redesignating subsection (c) as sub- developing the proposal under paragraph (1), (3) by inserting after subsection (b) (as so re- section (d); and the Secretary shall consider the provisions of designated by paragraph (2)) the following: (2) by inserting after subsection (b) the fol- title 10, United States Code, establishing and ‘‘(c)(1) Notwithstanding any provision of sub- lowing new subsection: governing service in the Reserve Components of section (b), the head of an excepted agency may, ‘‘(c) ANNUAL REPORT ON HIRING AND RETEN- the Armed Forces, as a model for the Civilian at his sole discretion, by regulation establish a TION OF MINORITY EMPLOYEES.—(1) The Direc- Linguist Reserve Corps. program under which an individual employed in tor of Central Intelligence shall, on an annual (c) COMPLETION OF REPORT.—Not later than 6 or under such excepted agency may participate basis, submit to Congress a report on the em- months after the date of the enactment of this in a leave transfer program established under ployment of covered persons within each ele- Act, the Secretary shall submit to Congress the the provisions of this subchapter outside of this ment of the intelligence community for the pre- report prepared under subsection (a). section, including provisions permitting the ceding fiscal year. (d) AUTHORIZATION OF APPROPRIATIONS.— transfer of annual leave accrued or accumu- ‘‘(2) Each such report shall include There is authorized to be appropriated to the lated by such employee to, or permitting such disaggregated data by category of covered per- Secretary of Defense $300,000 to carry out this employee to receive transferred leave from, an son from each element of the intelligence com- section. employee of any other agency (including an- munity on the following: Subtitle D—Education other excepted agency having a program under ‘‘(A) Of all individuals employed in the ele- this subsection). ment during the fiscal year involved, the aggre- SEC. 331. SCHOLARSHIPS AND WORK-STUDY FOR ‘‘(2) To the extent practicable and consistent PURSUIT OF GRADUATE DEGREES IN gate percentage of such individuals who are SCIENCE AND TECHNOLOGY. with the protection of intelligence sources and covered persons. (a) PROGRAM AUTHORIZED.—The National Se- methods, any program established under para- ‘‘(B) Of all individuals employed in the ele- graph (1) shall be consistent with the provisions curity Act of 1947 is amended— ment during the fiscal year involved at the lev- (1) by redesignating title X as title XI; of this subchapter outside of this section and els referred to in clauses (i) and (ii), the percent- with any regulations issued by the Office of (2) by redesignating section 1001 as section age of covered persons employed at such levels: 1101; and Personnel Management implementing this sub- ‘‘(i) Positions at levels 1 through 15 of the chapter.’’. (3) by inserting after title IX the following General Schedule. new title X: (b) CONFORMING AMENDMENTS.—Section 6339 ‘‘(ii) Positions at levels above GS–15. of such title is amended— ‘‘(C) Of all individuals hired by the element ‘‘TITLE X—EDUCATION IN SUPPORT OF (1) in paragraph (2) of subsection (b) (as so re- involved during the fiscal year involved, the NATIONAL INTELLIGENCE designated by subsection (a)(2)), by striking percentage of such individuals who are covered ‘‘SCHOLARSHIPS AND WORK-STUDY FOR PURSUIT ‘‘under this section’’ and inserting ‘‘under this persons. OF GRADUATE DEGREES IN SCIENCE AND TECH- subsection’’; and ‘‘(3) Each such report shall be submitted in NOLOGY (2) in subsection (d), by striking ‘‘of Personnel unclassified form, but may contain a classified ‘‘SEC. 1001. (a) PROGRAM AUTHORIZED.—The Management’’. annex. Director of Central Intelligence may carry out a SEC. 323. SENSE OF CONGRESS ON DIVERSITY IN ‘‘(4) Nothing in this subsection shall be con- program to provide scholarships and work-study THE WORKFORCE OF INTELLIGENCE strued as providing for the substitution of any for individuals who are pursuing graduate de- COMMUNITY AGENCIES. similar report required under another provision grees in fields of study in science and tech- (a) FINDINGS.—Congress finds the following: of law. nology that are identified by the Director as ap- (1) The United States is engaged in a war ‘‘(5) In this subsection, the term ‘covered per- propriate to meet the future needs of the intel- against terrorism that requires the active parsons’ means— ligence community for qualified scientists and ticipation of the intelligence community. ‘‘(A) racial and ethnic minorities; engineers. (2) Certain intelligence agencies, among them ‘‘(B) women; and ‘‘(b) ADMINISTRATION.—If the Director carries the Federal Bureau of Investigation and the ‘‘(C) individuals with disabilities.’’. out the program under subsection (a), the Direc- Central Intelligence Agency, have announced SEC. 325. REPORT ON ESTABLISHMENT OF A CI- tor shall administer the program through the that they will be hiring several hundred new VILIAN LINGUIST RESERVE CORPS. Assistant Director of Central Intelligence for agents to help conduct the war on terrorism. (a) REPORT.—The Secretary of Defense, acting Administration. (3) Former Directors of the Federal Bureau of through the Director of the National Security ‘‘(c) IDENTIFICATION OF FIELDS OF STUDY.—If Investigation, the Central Intelligence Agency, Education Program, shall prepare a report on the Director carries out the program under sub- the National Security Agency, and the Defense the feasibility of establishing a Civilian Linguist section (a), the Director shall identify fields of Intelligence Agency have stated that a more di- Reserve Corps comprised of individuals with ad- study under subsection (a) in consultation with verse intelligence community would be better vanced levels of proficiency in foreign languages the other heads of the elements of the intel- equipped to gather and analyze information on who are United States citizens who would be ligence community. diverse communities. available upon a call of the President to perform ‘‘(d) ELIGIBILITY FOR PARTICIPATION.—An in- (4) The Central Intelligence Agency and the such service or duties with respect to such for- dividual eligible to participate in the program is National Security Agency were authorized to es- eign languages in the Federal Government as any individual who— tablish an undergraduate training program for the President may specify. In preparing the re- ‘‘(1) either— the purpose of recruiting and training minority port, the Secretary shall consult with such orga- ‘‘(A) is an employee of the intelligence commu- operatives in 1987. nizations having expertise in training in foreign nity; or

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A14NO7.045 H14PT1 H8768 CONGRESSIONAL RECORD — HOUSE November 14, 2002 ‘‘(B) meets criteria for eligibility for employ- section 332, is further amended by adding at the project carried out under the David L. Boren ment in the intelligence community that are es- end the following new subsection: National Security Education Act of 1991 as in tablished by the Director; ‘‘(i) NATIONAL FLAGSHIP LANGUAGE INITIA- effect on the date that precedes the date of the ‘‘(2) is accepted in a graduate degree program TIVE.—(1) Under the National Flagship Lan- enactment of this Act. in a field of study in science or technology iden- guage Initiative, institutions of higher edu- SEC. 334. REPORT ON THE NATIONAL SECURITY tified under subsection (a); and cation shall establish, operate, or improve ac- EDUCATION PROGRAM. ‘‘(3) is eligible for a security clearance at the tivities designed to train students in programs in (a) IN GENERAL.—Not later than 180 days level of Secret or above. a range of disciplines to achieve advanced levels after the date of the enactment of this Act, the ‘‘(e) REGULATIONS.—If the Director carries out of proficiency in those foreign languages that Secretary of Defense shall submit to the appro- the program under subsection (a), the Director the Secretary identifies as being the most critical priate committees of Congress a report on the shall prescribe regulations for purposes of the in the interests of the national security of the matters described in subsection (b) with respect administration of this section.’’. United States. to the David L. Boren National Security Edu- (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(2) An undergraduate student who has been cation Act of 1991 (50 U.S.C. 1901 et seq.). tions for the National Security Act of 1947 is awarded a scholarship under subsection (b) COVERED MATTERS.—The matters de- amended by striking the items relating to title X (a)(1)(A) or a graduate student who has been scribed in this subsection are as follows: and section 1001 and inserting the following new awarded a fellowship under subsection (a)(1)(B) (1) EFFECTIVENESS OF PROGRAM.—An evalua- items: may participate in the activities carried out tion of the National Security Education Pro- ‘‘TITLE X—EDUCATION IN SUPPORT OF under the National Flagship Language Initia- gram, including an assessment of the effective- NATIONAL INTELLIGENCE tive. ness of the program in meeting its goals and an ‘‘Sec. 1001. Scholarships and work-study for ‘‘(3) An institution of higher education that assessment of the administrative costs of the pursuit of graduate degrees in receives a grant pursuant to subsection (a)(1)(D) program in relation to the amounts of scholar- science and technology. shall give special consideration to applicants ships, fellowships, and grants awarded. ‘‘TITLE XI—OTHER PROVISIONS who are employees of the Federal Government. (2) CONVERSION OF FUNDING.—An assessment ‘‘(4) For purposes of this subsection, the For- of the advisability of converting funding of the ‘‘Sec. 1101. Applicability to United States intel- eign Language Center of the Defense Language National Security Education Program from ligence activities of Federal laws Institute and any other educational institution funding through the National Security Edu- implementing international trea- that provides training in foreign languages op- cation Trust Fund under section 804 of that Act ties and agreements.’’. erated by the Department of Defense or an (50 U.S.C. 1904) to funding through appropria- SEC. 332. COOPERATIVE RELATIONSHIP BETWEEN agency in the intelligence community is deemed tions. THE NATIONAL SECURITY EDU- to be an institution of higher education, and (3) RECOMMENDATIONS.—On any matter cov- CATION PROGRAM AND THE FOR- EIGN LANGUAGE CENTER OF THE may carry out the types of activities permitted ered by paragraph (1) or (2), such recommenda- DEFENSE LANGUAGE INSTITUTE. under the National Flagship Language Initia- tions for legislation with respect to such matter Section 802 of the David L. Boren National tive.’’. as the Secretary considers appropriate. Security Education Act of 1991 (50 U.S.C. 1902) (3) INAPPLICABILITY OF FUNDING ALLOCATION (c) APPROPRIATE COMMITTEES OF CONGRESS is amended by adding at the end the following RULES.—Subsection (a)(2) of such section is DEFINED.—In this section, the term new subsection: amended by adding at the end the following ‘‘appropriate committees of Congress’’ means— ‘‘(h) USE OF AWARDS TO ATTEND THE FOREIGN flush sentences: (1) the Select Committee on Intelligence and LANGUAGE CENTER OF THE DEFENSE LANGUAGE ‘‘The funding allocation under this paragraph the Committees on Armed Services and Appro- INSTITUTE.—(1) The Secretary shall provide for shall not apply to grants under paragraph priations of the Senate; and the admission of award recipients to the Foreign (1)(D) for the National Flagship Language Ini- (2) the Permanent Select Committee on Intel- Language Center of the Defense Language In- tiative described in subsection (i). For the au- ligence and the Committees on Armed Services stitute (hereinafter in this subsection referred to thorization of appropriations for the National and Appropriations of the House of Representa- as the ‘Center’). An award recipient may apply Flagship Language Initiative, see section 811.’’. tives. a portion of the applicable scholarship or fel- (4) BOARD REQUIREMENT.—Section 803(d)(4) of Subtitle E—Terrorism lowship award for instruction at the Center on such Act (50 U.S.C. 1903(d)(4)) is amended— SEC. 341. FOREIGN TERRORIST ASSET TRACKING a space-available basis as a Department of De- (A) by striking ‘‘and’’ at the end of subpara- CENTER. fense sponsored program to defray the additive graph (C); (a) ESTABLISHMENT.—The Director of Central instructional costs. (B) by striking the period at the end of sub- Intelligence, acting as the head of the intel- ‘‘(2) Except as the Secretary determines nec- paragraph (D) and inserting ‘‘; and’’; and ligence community, shall establish in the Cen- essary, an award recipient who receives instruc- (C) by adding at the end the following new tral Intelligence Agency an element responsible tion at the Center shall be subject to the same subparagraph: for conducting all-source intelligence analysis of regulations with respect to attendance, dis- ‘‘(E) which foreign languages are critical to information relating to the financial capabili- cipline, discharge, and dismissal as apply to the national security interests of the United ties, practices, and activities of individuals, other persons attending the Center. States for purposes of section 802(a)(1)(D) groups, and nations associated with inter- ‘‘(3) In this subsection, the term ‘award recipi- (relating to grants for the National Flagship national terrorism in their activities relating to ent’ means an undergraduate student who has Language Initiative).’’. international terrorism. been awarded a scholarship under subsection (b) FUNDING.—The David L. Boren National (b) DESIGNATION.—The element established (a)(1)(A) or a graduate student who has been Security Education Act of 1991 (50 U.S.C. 1901 et under subsection (a) shall be known as the For- awarded a fellowship under subsection (a)(1)(B) seq.) is amended by adding at the end the fol- eign Terrorist Asset Tracking Center. who— lowing new section: (c) DEADLINE FOR ESTABLISHMENT.—The ele- ‘‘(A) is in good standing; ‘‘SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION ment required by subsection (a) shall be estab- ‘‘(B) has completed all academic study in a OF APPROPRIATIONS. lished as soon as practicable after the date of foreign country, as provided for under the ‘‘(a) IN GENERAL.—In addition to amounts the enactment of this Act, but not later than 90 scholarship or fellowship; and that may be made available to the Secretary days after that date. ‘‘(C) would benefit from instruction provided under the Fund for a fiscal year, there is au- SEC. 342. SEMIANNUAL REPORT ON FINANCIAL at the Center.’’. thorized to be appropriated to the Secretary for INTELLIGENCE ON TERRORIST AS- SEC. 333. ESTABLISHMENT OF NATIONAL FLAG- each fiscal year, beginning with fiscal year 2003, SETS (FITA). SHIP LANGUAGE INITIATIVE WITHIN (a) SEMIANNUAL REPORT.— THE NATIONAL SECURITY EDU- $10,000,000, to carry out the grant program for (1) IN GENERAL.—Title I of the National Secu- CATION PROGRAM. the National Flagship Language Initiative rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- (a) NATIONAL FLAGSHIP LANGUAGE INITIA- under section 802(a)(1)(D). ed by adding at the end the following new sec- TIVE.— ‘‘(b) AVAILABILITY OF APPROPRIATED tion: (1) EXPANSION OF GRANT PROGRAM AUTHOR- FUNDS.—Amounts appropriated pursuant to the ITY.—Subsection (a)(1) of section 802 of the authorization of appropriations under sub- ‘‘SEMIANNUAL REPORT ON FINANCIAL David L. Boren National Security Education section (a) shall remain available until ex- INTELLIGENCE ON TERRORIST ASSETS Act of 1991 (50 U.S.C. 1902) is amended— pended.’’. ‘‘SEC. 118. (a) SEMIANNUAL REPORT.—On a (A) by striking ‘‘and’’ at the end of subpara- (c) EFFECTIVE DATE.—The amendments made semiannual basis, the Secretary of the Treasury graph (B)(ii); by this section shall take effect on the date the (acting through the head of the Office of Intel- (B) by striking the period at the end of sub- Secretary of Defense submits the report required ligence Support) shall submit a report to the ap- paragraph (C) and inserting ‘‘; and’’; and under section 334 of this Act and notifies the appropriate congressional committees that fully in- (C) by adding at the end the following new propriate committees of Congress (as defined in forms the committees concerning operations subparagraph: subsection (c) of that section) that the programs against terrorist financial networks. Each such ‘‘(D) awarding grants to institutions of higher carried out under the David L. Boren National report shall include with respect to the pre- education to carry out activities under the Na- Security Education Act of 1991 are being man- ceding six-month period— tional Flagship Language Initiative (described aged in a fiscally and programmatically sound ‘‘(1) the total number of asset seizures, des- in subsection (i)).’’. manner. ignations, and other actions against individuals (2) PROVISIONS OF NATIONAL FLAGSHIP LAN- (d) CONSTRUCTION.—Nothing in this section or entities found to have engaged in financial GUAGE INITIATIVE.—Such section, as amended by shall be construed as affecting any program or support of terrorism;

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A14NO7.047 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8769 ‘‘(2) the total number of applications for asset U.S.C. 403–3(c)(6)), relating to the protection of (1) the Select Committee on Intelligence of the seizure and designations of individuals or enti- intelligence sources and methods, the Director Senate; and ties suspected of having engaged in financial shall provide for the sharing of the list, and in- (2) the Permanent Select Committee on Intel- support of terrorist activities that were granted, formation on the list, with such departments ligence of the House of Representatives. modified, or denied; and agencies of the Federal Government, State Subtitle F—Other Matters ‘‘(3) the total number of physical searches of and local government agencies, and entities of offices, residences, or financial records of indi- SEC. 351. ADDITIONAL ONE-YEAR SUSPENSION OF foreign governments and international organi- REORGANIZATION OF DIPLOMATIC viduals or entities suspected of having engaged zations as the Director considers appropriate. TELECOMMUNICATIONS SERVICE in financial support for terrorist activity; and (d) REPORTING AND CERTIFICATION.—(1) The PROGRAM OFFICE. ‘‘(4) whether the financial intelligence infor- Director shall review on an annual basis the in- Section 311 of the Intelligence Authorization mation seized in these cases has been shared on formation provided by various departments and Act for Fiscal Year 2002 (Public Law 107–108; 22 a full and timely basis with the all departments, agencies for purposes of the list under sub- U.S.C. 7301 note; 115 Stat. 1401) is amended— agencies, and other entities of the United States section (a) in order to determine whether or not (1) in the heading, by striking ‘‘ONE-YEAR’’ Government involved in intelligence activities the information so provided is derived from the and inserting ‘‘TWO-YEAR’’; and participating in the Foreign Terrorist Asset widest possible range of intelligence available to (2) in the text, by striking ‘‘October 1, 2002’’ Tracking Center. such departments and agencies. and inserting ‘‘October 1, 2003’’. ‘‘(b) IMMEDIATE NOTIFICATION FOR EMER- (2) The Director shall, as a result of each re- SEC. 352. STANDARDIZED TRANSLITERATION OF GENCY DESIGNATION.—In the case of a designa- view under paragraph (1), certify whether or NAMES INTO THE ROMAN ALPHABET. tion of an individual or entity, or the assets of not the elements of the intelligence community (a) METHOD OF TRANSLITERATION RE- an individual or entity, as having been found to responsible for the collection of intelligence re- QUIRED.—Not later than 180 days after the date have engaged in terrorist activities, the Sec- lated to the list have provided information for of the enactment of this Act, the Director of retary of the Treasury shall report such des- purposes of the list that is derived from the Central Intelligence shall provide for a stand- ignation within 24 hours of such a designation widest possible range of intelligence available to ardized method for transliterating into the to the appropriate congressional committees. such department and agencies. Roman alphabet personal and place names ‘‘(c) SUBMITTAL DATE OF REPORTS TO CON- (e) REPORT ON CRITERIA FOR INFORMATION originally rendered in any language that uses GRESSIONAL INTELLIGENCE COMMITTEES.—In the SHARING.—(1) Not later then March 1, 2003, the an alphabet other than the Roman alphabet. case of the reports required to be submitted Director shall submit to the congressional intel- (b) USE BY INTELLIGENCE COMMUNITY.—The under subsection (a) to the congressional intelligence committees a report describing the cri- Director shall ensure the use of the method es- ligence committees, the submittal dates for such teria used to determine which types of informa- tablished under subsection (a) in— reports shall be as provided in section 507. tion on the list required by subsection (a) are to ‘‘(d) APPROPRIATE CONGRESSIONAL COMMIT- (1) all communications among the elements of be shared, and which types of information are the intelligence community; and TEES DEFINED.—In this section, the term not to be shared, with various departments and ‘appropriate congressional committees’ means (2) all intelligence products of the intelligence agencies of the Federal Government, State and community. the following: local government agencies, and entities of for- ‘‘(1) The Permanent Select Committee on In- eign governments and international organiza- SEC. 353. DEFINITION OF CONGRESSIONAL IN- telligence, the Committee on Appropriations, TELLIGENCE COMMITTEES IN NA- tions. TIONAL SECURITY ACT OF 1947. and the Committee on Financial Services of the (2) The report shall include a description of (a) IN GENERAL.—Section 3 of the National Se- House of Representatives. the circumstances in which the Director has de- curity Act of 1947 (50 U.S.C. 401a) is amended by ‘‘(2) The Select Committee on Intelligence, the termined that sharing information on the list adding at the end the following new paragraph: Committee on Appropriations, and the Com- with the departments and agencies of the Fed- ‘‘(7) The term ‘congressional intelligence committee on Banking, Housing, and Urban Affairs eral Government, and of State and local govern- mittees’ means— of the Senate.’’. ments, described by subsection (c) would be in- ‘‘(A) the Select Committee on Intelligence of (2) CLERICAL AMENDMENT.—The table of con- appropriate due to the concerns addressed by the Senate; and tents contained in the first section of such Act section 103(c)(6) of the National Security Act of ‘‘(B) the Permanent Select Committee on In- is amended by inserting after the item relating 1947, relating to the protection of sources and telligence of the House of Representatives.’’. to section 117 the following new item: methods, and any instance in which the sharing (b) CONFORMING AMENDMENTS.—(1) That Act ‘‘Sec. 118. Semiannual report on financial intel- of information on the list has been inappro- is further amended by striking ‘‘Select Com- ligence on terrorist assets.’’. priate in light of such concerns. mittee on Intelligence of the Senate and the Per- (b) CONFORMING AMENDMENT.—Section 501(f) (f) SYSTEM ADMINISTRATION REQUIREMENTS.— manent Select Committee on Intelligence of the of the National Security Act of 1947 (50 U.S.C. (1) The Director shall, to the maximum extent House of Representatives’’ and inserting 413(f)) is amended by inserting before the period practicable, ensure the interoperability of the ‘‘congressional intelligence committees’’ in each the following: ‘‘, and includes financial intel- Terrorist Identification Classification System of the following provisions: ligence activities’’. with relevant information systems of the departments and agencies of the Federal Government, (A) Section 104(d)(4) (50 U.S.C. 403–4(d)(4)). SEC. 343. TERRORIST IDENTIFICATION CLASSI- (B) Section 603(a) (50 U.S.C. 423(a)). FICATION SYSTEM. and of State and local governments, described (2) That Act is further amended by striking (a) REQUIREMENT.—(1) The Director of Cen- by subsection (c). ‘‘Permanent Select Committee on Intelligence of tral Intelligence, acting as head of the Intel- (2) The Director shall ensure that the System the House of Representatives and the Select ligence Community, shall— utilizes technologies that are effective in aiding (A) establish and maintain a list of individ- the identification of individuals in the field. Committee on Intelligence of the Senate’’ and uals who are known or suspected international (g) REPORT ON STATUS OF SYSTEM.—(1) Not inserting ‘‘congressional intelligence commit- terrorists, and of organizations that are known later than one year after the date of the enact- tees’’ in each of the following provisions: or suspected international terrorist organiza- ment of this Act, the Director shall, in consulta- (A) Section 301(j) (50 U.S.C. 409a(j)). tions; and tion with the Director of Homeland Security, (B) Section 801(b)(2) (50 U.S.C. 435(b)(2)). (B) ensure that pertinent information on the submit to the congressional intelligence commit- (C) Section 903 (50 U.S.C. 441b). list is shared with the departments, agencies, tees a report on the status of the Terrorist Iden- (3) That Act is further amended by striking and organizations described by subsection (c). tification Classification System. The report shall ‘‘intelligence committees’’ and inserting (2) The list under paragraph (1), and the contain a certification on the following: ‘‘congressional intelligence committees’’ each mechanisms for sharing information on the list, (A) Whether the System contains the intel- place it appears in each of the following provi- shall be known as the ‘‘Terrorist Identification ligence information necessary to facilitate the sions: Classification System’’. contribution of the System to the domestic secu- (A) Section 501 (50 U.S.C. 413). (b) ADMINISTRATION.—(1) The Director shall rity of the United States. (B) Section 502 (50 U.S.C. 413a). prescribe requirements for the inclusion of an (B) Whether the departments and agencies (C) Section 503 (50 U.S.C. 413b). individual or organization on the list required having access to the System have access in a (D) Section 504(d)(2) (50 U.S.C. 414(d)(2)). by subsection (a), and for the deletion or omis- manner that permits such departments and (4) Section 104(d)(5) of that Act (50 U.S.C. 403– sion from the list of an individual or organiza- agencies to carry out appropriately their domes- 4(d)(5)) is amended by striking ‘‘Select Com- tion currently on the list. tic security responsibilities. mittee on Intelligence of the Senate and to the (2) The Director shall ensure that the infor- (C) Whether the System is operating in a man- Permanent Select Committee on Intelligence of mation utilized to determine the inclusion, or ner that maximizes its contribution to the do- the House of Representatives’’ and inserting deletion or omission, of an individual or organi- mestic security of the United States. ‘‘congressional intelligence committees’’. zation on or from the list is derived from all- (D) If a certification under subparagraph (A), (5) Section 105C(a)(3)(C) of that Act (50 U.S.C. source intelligence. (B), or (C) is in the negative, the modifications 403–5c(a)(3)(C)) is amended— (3) The Director shall ensure that the list is or enhancements of the System necessary to en- (A) by striking clauses (i) and (ii) and insert- maintained in accordance with existing law and sure a future certification in the positive. ing the following new clause (i): regulations governing the collection, storage, (2) The report shall be submitted in unclassi- ‘‘(i) The congressional intelligence commit- and dissemination of intelligence concerning fied form, but may include a classified annex. tees.’’; and United States persons. (h) CONGRESSIONAL INTELLIGENCE COMMIT- (B) by redesignating clauses (iii), (iv), (v), and (c) INFORMATION SHARING.—Subject to section TEES DEFINED.—In this section, the term (vi) as clauses (ii), (iii), (iv), and (v), respec- 103(c)(6) of the National Security Act of 1947 (50 ‘‘congressional intelligence committees’’ means— tively.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A14NO7.049 H14PT1 H8770 CONGRESSIONAL RECORD — HOUSE November 14, 2002

(6) Section 114 of that Act (50 U.S.C. 404i), as TIONAL SECURITY AGENCY.—It is the sense of 107–115, section 8093 of the Department of De- amended by section 324, is amended by striking Congress that— fense Appropriations Act, 2002, and the numer- subsection (d), as so redesignated, and inserting (1) the Director of the National Security Agen- ical limitations on the number of United States the following new subsection (d): cy should not implement before February 1, military personnel and United States individual ‘‘(d) CONGRESSIONAL LEADERSHIP DEFINED.— 2004, a plan for the compensation of employees civilian contractors in section 3204(b)(1) of Pub- In this section, the term ‘congressional leader- of the National Security Agency that differs lic Law 106–246 shall be applicable to funds ship’ means the Speaker and the minority leader from the plan in effect on October 1, 2002; and made available pursuant to the authority con- of the House of Representatives and the major- (2) an employee performance evaluation mech- tained in subsection (a). ity leader and the minority leader of the Sen- anism with evaluation training for managers (e) LIMITATION ON PARTICIPATION OF UNITED ate.’’. and employees of the National Security Agency STATES PERSONNEL.—No United States Armed (7) Section 501(a) of that Act (50 U.S.C. should be phased in before the implementation Forces personnel or United States civilian con- 413(a)), as amended by paragraph (3) of this of any new compensation plan. tractor employed by the United States will par- subsection, is further amended— (d) CONGRESSIONAL INTELLIGENCE COMMIT- ticipate in any combat operation in connection (A) by striking paragraph (2); and TEES DEFINED.—In this section, the term with assistance made available under this sec- (B) by redesignating paragraph (3) as para- ‘‘congressional intelligence committees’’ means tion, except for the purpose of acting in self de- graph (2). the Select Committee on Intelligence of the Sen- fense or rescuing any United States citizen to (8) Section 503(c)(4) of that Act (50 U.S.C. ate and the Permanent Select Committee on In- include United States Armed Forces personnel, 413b(c)(4)) is amended by striking ‘‘intelligence telligence of the House of Representatives. United States civilian employees, and civilian committee’’ and inserting ‘‘congressional intel- TITLE V—DEPARTMENT OF DEFENSE contractors employed by the United States. ligence committee’’. INTELLIGENCE ACTIVITIES SEC. 502. PROTECTION OF OPERATIONAL FILES (9) Section 602(c) of that Act (50 U.S.C. 422(c)) SEC. 501. USE OF FUNDS FOR COUNTERDRUG OF THE NATIONAL RECONNAIS- is amended by striking ‘‘the Select Committee on AND COUNTERTERRORISM ACTIVI- SANCE OFFICE. Intelligence of the Senate or to the Permanent TIES FOR COLOMBIA. (a) IN GENERAL.—Title I of the National Secu- Select Committee on Intelligence of the House of (a) AUTHORITY.—Funds designated for intel- rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- Representatives’’ and inserting ‘‘either congres- ligence or intelligence-related purposes for as- ed by inserting after section 105C (50 U.S.C. 403– sional intelligence committee’’. sistance to the Government of Colombia for 5c) the following new section: (10) Section 701(c)(3) of that Act (50 U.S.C. counterdrug activities for fiscal years 2002 and ‘‘PROTECTION OF OPERATIONAL FILES OF THE 431(c)(3)) is amended by striking ‘‘intelligence 2003, and any unobligated funds available to NATIONAL RECONNAISSANCE OFFICE committees of the Congress’’ and inserting any element of the intelligence community for ‘‘SEC. 105D. (a) EXEMPTION OF CERTAIN OPER- ‘‘congressional intelligence committees’’. such activities for a prior fiscal year, shall be ATIONAL FILES FROM SEARCH, REVIEW, PUBLICA- TITLE IV—CENTRAL INTELLIGENCE available to support a unified campaign against TION, OR DISCLOSURE.—(1) The Director of the AGENCY narcotics trafficking and against activities by National Reconnaissance Office, with the co- SEC. 401. TWO-YEAR EXTENSION OF CENTRAL IN- organizations designated as terrorist organiza- ordination of the Director of Central Intel- TELLIGENCE AGENCY VOLUNTARY tions (such as the Revolutionary Armed Forces ligence, may exempt operational files of the Na- SEPARATION PAY ACT. of Colombia (FARC), the National Liberation tional Reconnaissance Office from the provi- Section 2 of the Central Intelligence Agency Army (ELN), and the United Self-Defense sions of section 552 of title 5, United States Voluntary Separation Pay Act (50 U.S.C. 403–4 Forces of Colombia (AUC)), and to take actions Code, which require publication, disclosure, note) is amended— to protect human health and welfare in emer- search, or review in connection therewith. (1) in subsection (f), by striking ‘‘September gency circumstances, including undertaking res- ‘‘(2)(A) Subject to subparagraph (B), for the 30, 2003’’ and inserting ‘‘September 30, 2005’’; cue operations. purposes of this section, the term ‘operational and (b) REQUIREMENT FOR CERTIFICATION.—(1) files’ means files of the National Reconnais- (2) in subsection (i), by striking ‘‘or 2003’’ and The authorities provided in subsection (a) shall sance Office (hereafter in this section referred to inserting ‘‘2003, 2004, or 2005’’. not be exercised until the Secretary of Defense as ‘NRO’) that document the means by which SEC. 402. IMPLEMENTATION OF COMPENSATION certifies to the Congress that the provisions of foreign intelligence or counterintelligence is col- REFORM PLAN. paragraph (2) have been complied with. lected through scientific and technical systems. (a) DELAY ON IMPLEMENTATION ON COMPENSA- (2) In order to ensure the effectiveness of ‘‘(B) Files which are the sole repository of dis- TION REFORM PLAN.—(1) The Director of Central United States support for such a unified cam- seminated intelligence are not operational files. Intelligence may not implement before the imple- paign, prior to the exercise of the authority con- ‘‘(3) Notwithstanding paragraph (1), exempted mentation date (described in paragraph (2)) a tained in subsection (a), the Secretary of State operational files shall continue to be subject to plan for the compensation of employees of the shall report to the appropriate committees of search and review for information concerning— Central Intelligence Agency that differs from Congress that the newly elected President of Co- ‘‘(A) United States citizens or aliens lawfully the plan in effect on October 1, 2002. lombia has— admitted for permanent residence who have re- (2) The implementation date referred to in (A) committed, in writing, to establish com- quested information on themselves pursuant to paragraph (1) is February 1, 2004, or the date on prehensive policies to combat illicit drug cultiva- the provisions of section 552 or 552a of title 5, which the Director submits to the congressional tion, manufacturing, and trafficking United States Code; intelligence committees a report on the pilot (particularly with respect to providing economic ‘‘(B) any special activity the existence of project conducted under subsection (b), which- opportunities that offer viable alternatives to il- which is not exempt from disclosure under the ever is later. licit crops) and to restore government authority provisions of section 552 of title 5, United States (3) It is the sense of Congress that an em- and respect for human rights in areas under the Code; or ployee performance evaluation mechanism with effective control of paramilitary and guerrilla ‘‘(C) the specific subject matter of an inves- evaluation training for managers and employees organizations; tigation by any of the following for any impro- of the Central Intelligence Agency should be (B) committed, in writing, to implement sig- priety, or violation of law, Executive order, or phased in before the implementation of any new nificant budgetary and personnel reforms of the Presidential directive, in the conduct of an in- compensation plan. Colombian Armed Forces; and telligence activity: (b) PILOT PROJECT.—(1) The Director shall (C) committed, in writing, to support substan- ‘‘(i) The Permanent Select Committee on Intel- conduct a pilot project to test the efficacy and tial additional Colombian financial and other ligence of the House of Representatives. fairness of a plan for the compensation of em- resources to implement such policies and re- ‘‘(ii) The Select Committee on Intelligence of ployees of the Central Intelligence Agency that forms, particularly to meet the country’s pre- the Senate. differs from the plan in effect on October 1, vious commitments under ‘‘Plan Colombia’’. ‘‘(iii) The Intelligence Oversight Board. 2002, within any one component of the Central In this paragraph, the term ‘‘appropriate com- ‘‘(iv) The Department of Justice. Intelligence Agency selected by the Director, mittees of Congress’’ means the Permanent Se- ‘‘(v) The Office of General Counsel of NRO. other than a component for which a pilot lect Committee on Intelligence and the Commit- ‘‘(vi) The Office of the Director of NRO. project on employee compensation has been pre- tees on Appropriations and Armed Services of ‘‘(4)(A) Files that are not exempted under viously conducted. the House of Representatives and the Select paragraph (1) which contain information de- (2) The pilot project under paragraph (1) shall Committee on Intelligence and the Committees rived or disseminated from exempted operational be conducted for a period of at least 1 year. on Appropriations and Armed Services of the files shall be subject to search and review. (3) Not later than the date that is 45 days Senate. ‘‘(B) The inclusion of information from ex- after the completion of the pilot project under (c) TERMINATION OF AUTHORITY.—The author- empted operational files in files that are not ex- paragraph (1), the Director shall submit to the ity provided in subsection (a) shall cease to be empted under paragraph (1) shall not affect the congressional intelligence committees a report effective if the Secretary of Defense has credible exemption under paragraph (1) of the origi- that contains an evaluation of the project and evidence that the Colombian Armed Forces are nating operational files from search, review, such recommendations as the Director considers not conducting vigorous operations to restore publication, or disclosure. appropriate for the modification of the plans for government authority and respect for human ‘‘(C) The declassification of some of the infor- the compensation of employees throughout the rights in areas under the effective control of mation contained in exempted operational files Agency which are in effect on such date. paramilitary and guerrilla organizations. shall not affect the status of the operational file (c) SENSE OF CONGRESS ON IMPLEMENTATION (d) APPLICATION OF CERTAIN PROVISIONS OF as being exempt from search, review, publica- OF COMPENSATION REFORM PLAN FOR THE NA- LAW.—Sections 556, 567, and 568 of Public Law tion, or disclosure.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A14NO7.051 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8771 ‘‘(D) Records from exempted operational files ligence shall review the exemptions in force (4) make a full and complete accounting of the which have been disseminated to and referenced under subsection (a)(1) to determine whether circumstances surrounding the attacks, and the in files that are not exempted under paragraph such exemptions may be removed from the cat- extent of the United States’ preparedness for, (1) and which have been returned to exempted egory of exempted files or any portion thereof. and immediate response to, the attacks; and operational files for sole retention shall be sub- The Director of Central Intelligence must ap- (5) investigate and report to the President and ject to search and review. prove any determination to remove such exemp- Congress on its findings, conclusions, and rec- ‘‘(5) The provisions of paragraph (1) may not tions. ommendations for corrective measures that can be superseded except by a provision of law ‘‘(2) The review required by paragraph (1) be taken to prevent acts of terrorism. which is enacted after the date of the enactment shall include consideration of the historical SEC. 603. COMPOSITION OF COMMISSION. of this section, and which specifically cites and value or other public interest in the subject mat- (a) MEMBERS.—The Commission shall be com- repeals or modifies its provisions. ter of the particular category of files or portions posed of 10 members, of whom— ‘‘(6)(A) Except as provided in subparagraph thereof and the potential for declassifying a sig- (1) 1 member shall be appointed by the Presi- (B), whenever any person who has requested nificant part of the information contained dent, who shall serve as chairman of the Com- agency records under section 552 of title 5, therein. mission; United States Code, alleges that NRO has with- ‘‘(3) A complainant that alleges that NRO has (2) 1 member shall be appointed by the leader held records improperly because of failure to improperly withheld records because of failure of the Senate (majority or minority leader, as comply with any provision of this section, judi- to comply with this subsection may seek judicial the case may be) of the Democratic Party, in cial review shall be available under the terms set review in the district court of the United States consultation with the leader of the House of forth in section 552(a)(4)(B) of title 5, United of the district in which any of the parties reside, Representatives (majority or minority leader, as States Code. or in the District of Columbia. In such a pro- the case may be) of the Democratic Party, who ‘‘(B) Judicial review shall not be available in ceeding, the court’s review shall be limited to de- shall serve as vice chairman of the Commission; the manner provided for under subparagraph termining the following: (3) 2 members shall be appointed by the senior (A) as follows: ‘‘(A) Whether NRO has conducted the review member of the Senate leadership of the Demo- ‘‘(i) In any case in which information specifi- required by paragraph (1) before the expiration cratic Party; cally authorized under criteria established by of the 10-year period beginning on the date of (4) 2 members shall be appointed by the senior an Executive order to be kept secret in the inter- the enactment of this section or before the expi- member of the leadership of the House of Rep- ests of national defense or foreign relations is ration of the 10-year period beginning on the resentatives of the Republican Party; filed with, or produced for, the court by NRO, date of the most recent review. (5) 2 members shall be appointed by the senior such information shall be examined ex parte, in ‘‘(B) Whether NRO, in fact, considered the member of the Senate leadership of the Repub- camera by the court. criteria set forth in paragraph (2) in conducting lican Party; and ‘‘(ii) The court shall, to the fullest extent the required review.’’. (6) 2 members shall be appointed by the senior practicable, determine the issues of fact based (b) CLERICAL AMENDMENT.—The table of sec- member of the leadership of the House of Rep- on sworn written submissions of the parties. tions for that Act is amended by inserting after resentatives of the Democratic Party. ‘‘(iii) When a complainant alleges that re- the item relating to section 105C the following (b) QUALIFICATIONS; INITIAL MEETING.— quested records are improperly withheld because new item: (1) POLITICAL PARTY AFFILIATION.—Not more of improper placement solely in exempted oper- ‘‘Sec. 105D. Protection of operational files of than 5 members of the Commission shall be from ational files, the complainant shall support such the National Reconnaissance Of- the same political party. allegation with a sworn written submission fice.’’. (2) NONGOVERNMENTAL APPOINTEES.—An indi- based upon personal knowledge or otherwise ad- vidual appointed to the Commission may not be SEC. 503. ELIGIBILITY OF EMPLOYEES IN INTEL- missible evidence. LIGENCE SENIOR LEVEL POSITIONS an officer or employee of the Federal Govern- ‘‘(iv)(I) When a complainant alleges that re- FOR PRESIDENTIAL RANK AWARDS. ment or any State or local government. quested records were improperly withheld be- Section 1607 of title 10, United States Code, is (3) OTHER QUALIFICATIONS.—It is the sense of cause of improper exemption of operational files, amended by adding at the end the following Congress that individuals appointed to the Com- NRO shall meet its burden under section new subsection: mission should be prominent United States citi- 552(a)(4)(B) of title 5, United States Code, by ‘‘(c) AWARD OF RANK TO EMPLOYEES IN INTEL- zens, with national recognition and significant demonstrating to the court by sworn written LIGENCE SENIOR LEVEL POSITIONS.—The Presi- depth of experience in such professions as gov- submission that exempted operational files likely dent, based on the recommendations of the Sec- ernmental service, law enforcement, the armed to contain responsible records currently perform retary of Defense, may award a rank referred to services, law, public administration, intelligence the functions set forth in paragraph (2). in section 4507a of title 5 to employees in Intel- gathering, commerce (including aviation mat- ‘‘(II) The court may not order NRO to review ligence Senior Level positions designated under ters), and foreign affairs. the content of any exempted operational file or subsection (a). The award of such rank shall be (4) DEADLINE FOR APPOINTMENT.—All members files in order to make the demonstration re- made in a manner consistent with the provisions of the Commission shall be appointed on or be- quired under subclause (I), unless the complain- of that section.’’. fore December 15, 2002. ant disputes NRO’s showing with a sworn writ- (5) INITIAL MEETING.—The Commission shall TITLE VI—NATIONAL COMMISSION ON ten submission based on personal knowledge or meet and begin the operations of the Commis- TERRORIST ATTACKS UPON THE otherwise admissible evidence. sion as soon as practicable. UNITED STATES ‘‘(v) In proceedings under clauses (iii) and (c) QUORUM; VACANCIES.—After its initial (iv), the parties may not obtain discovery pursu- SEC. 601. ESTABLISHMENT OF COMMISSION. meeting, the Commission shall meet upon the ant to rules 26 through 36 of the Federal Rules There is established in the legislative branch call of the chairman or a majority of its mem- of Civil Procedure, except that requests for ad- the National Commission on Terrorist Attacks bers. Six members of the Commission shall con- missions may be made pursuant to rules 26 and Upon the United States (in this title referred to stitute a quorum. Any vacancy in the Commis- 36. as the ‘‘Commission’’). sion shall not affect its powers, but shall be ‘‘(vi) If the court finds under this paragraph SEC. 602. PURPOSES. filled in the same manner in which the original that NRO has improperly withheld requested The purposes of the Commission are to— appointment was made. records because of failure to comply with any (1) examine and report upon the facts and SEC. 604. FUNCTIONS OF COMMISSION. provision of this subsection, the court shall causes relating to the terrorist attacks of Sep- (a) IN GENERAL.—The functions of the Com- order NRO to search and review the appropriate tember 11, 2001, occurring at the World Trade mission are to— exempted operational file or files for the re- Center in New York, New York, in Somerset (1) conduct an investigation that— quested records and make such records, or por- County, Pennsylvania, and at the Pentagon in (A) investigates relevant facts and cir- tions thereof, available in accordance with the Virginia; cumstances relating to the terrorist attacks of provisions of section 552 of title 5, United States (2) ascertain, evaluate, and report on the evi- September 11, 2001, including any relevant legis- Code, and such order shall be the exclusive rem- dence developed by all relevant governmental lation, Executive Order, regulation, plan, pol- edy for failure to comply with this subsection. agencies regarding the facts and circumstances icy, practice, or procedure; and ‘‘(vii) If at any time following the filing of a surrounding the attacks; (B) may include relevant facts and cir- complaint pursuant to this paragraph NRO (3) build upon the investigations of other enti- cumstances relating to— agrees to search the appropriate exempted oper- ties, and avoid unnecessary duplication, by re- (i) intelligence agencies; ational file or files for the requested records, the viewing the findings, conclusions, and rec- (ii) law enforcement agencies; court shall dismiss the claim based upon such ommendations of— (iii) diplomacy; complaint. (A) the Joint Inquiry of the Select Committee (iv) immigration, nonimmigrant visas, and ‘‘(viii) Any information filed with, or pro- on Intelligence of the Senate and the Permanent border control; duced for the court pursuant to clauses (i) and Select Committee on Intelligence of the House of (v) the flow of assets to terrorist organiza- (iv) shall be coordinated with the Director of Representatives regarding the terrorist attacks tions; Central Intelligence prior to submission to the of September 11, 2001, (hereinafter in this title (vi) commercial aviation; court. referred to as the ‘‘Joint Inquiry’’); and (vii) the role of congressional oversight and ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER- (B) other executive branch, congressional, or resource allocation; and ATIONAL FILES.—(1) Not less than once every 10 independent commission investigations into the (viii) other areas of the public and private sec- years, the Director of the National Reconnais- terrorist attacks of September 11, 2001, other ter- tors determined relevant by the Commission for sance Office and the Director of Central Intel- rorist attacks, and terrorism generally; its inquiry;

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(2) identify, review, and evaluate the lessons (b) CONTRACTING.—The Commission may, to ployees shall be employees under section 2105 of learned from the terrorist attacks of September such extent and in such amounts as are pro- title 5, United States Code, for purposes of chap- 11, 2001, regarding the structure, coordination, vided in appropriation Acts, enter into contracts ters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. management policies, and procedures of the to enable the Commission to discharge its duties (B) MEMBERS OF COMMISSION.—Subparagraph Federal Government, and, if appropriate, State under this title. (A) shall not be construed to apply to members and local governments and nongovernmental (c) INFORMATION FROM FEDERAL AGENCIES.— of the Commission. entities, relative to detecting, preventing, and (1) IN GENERAL.—The Commission is author- (b) DETAILEES.—Any Federal Government em- responding to such terrorist attacks; and ized to secure directly from any executive de- ployee may be detailed to the Commission with- (3) submit to the President and Congress such partment, bureau, agency, board, commission, out reimbursement from the Commission, and reports as are required by this title containing office, independent establishment, or instrumen- such detailee shall retain the rights, status, and such findings, conclusions, and recommenda- tality of the Government, information, sugges- privileges of his or her regular employment tions as the Commission shall determine, includ- tions, estimates, and statistics for the purposes without interruption. ing proposing organization, coordination, plan- of this title. Each department, bureau, agency, (c) CONSULTANT SERVICES.—The Commission is ning, management arrangements, procedures, board, commission, office, independent estab- authorized to procure the services of experts and rules, and regulations. lishment, or instrumentality shall, to the extent consultants in accordance with section 3109 of (b) RELATIONSHIP TO INTELLIGENCE COMMIT- authorized by law, furnish such information, title 5, United States Code, but at rates not to TEES’ INQUIRY.—When investigating facts and suggestions, estimates, and statistics directly to exceed the daily rate paid a person occupying a circumstances relating to the intelligence com- the Commission, upon request made by the position at level IV of the Executive Schedule munity, the Commission shall— chairman, the chairman of any subcommittee under section 5315 of title 5, United States Code. (1) first review the information compiled by, created by a majority of the Commission, or any SEC. 608. COMPENSATION AND TRAVEL EX- and the findings, conclusions, and recommenda- member designated by a majority of the Commis- PENSES. tions of, the Joint Inquiry; and sion. (a) COMPENSATION.—Each member of the Com- (2) after that review pursue any appropriate (2) RECEIPT, HANDLING, STORAGE, AND DIS- mission may be compensated at not to exceed the area of inquiry if the Commission determines SEMINATION.—Information shall only be re- daily equivalent of the annual rate of basic pay that— ceived, handled, stored, and disseminated by in effect for a position at level IV of the Execu- (A) the Joint Inquiry had not investigated members of the Commission and its staff con- that area; tive Schedule under section 5315 of title 5, sistent with all applicable statutes, regulations, United States Code, for each day during which (B) the Joint Inquiry’s investigation of that and Executive Orders. area had not been complete; or that member is engaged in the actual perform- (d) ASSISTANCE FROM FEDERAL AGENCIES.— ance of the duties of the Commission. (C) new information not reviewed by the Joint (1) GENERAL SERVICES ADMINISTRATION.—The (b) TRAVEL EXPENSES.—While away from their Inquiry had become available with respect to Administrator of General Services shall provide homes or regular places of business in the per- that area. to the Commission on a reimbursable basis ad- formance of services for the Commission, mem- SEC. 605. POWERS OF COMMISSION. ministrative support and other services for the bers of the Commission shall be allowed travel (a) IN GENERAL.— performance of the Commission’s functions. expenses, including per diem in lieu of subsist- (1) HEARINGS AND EVIDENCE.—The Commission (2) OTHER DEPARTMENTS AND AGENCIES.—In ence, in the same manner as persons employed or, on the authority of the Commission, any addition to the assistance prescribed in para- intermittently in the Government service are al- subcommittee or member thereof, may, for the graph (1), departments and agencies of the lowed expenses under section 5703(b) of title 5, purpose of carrying out this title— United States may provide to the Commission United States Code. (A) hold such hearings and sit and act at such such services, funds, facilities, staff, and other times and places, take such testimony, receive support services as they may determine advis- SEC. 609. SECURITY CLEARANCES FOR COMMIS- such evidence, administer such oaths; and able and as may be authorized by law. SION MEMBERS AND STAFF. (B) subject to paragraph (2)(A), require, by (e) GIFTS.—The Commission may accept, use, The appropriate Federal agencies or depart- subpoena or otherwise, the attendance and tes- and dispose of gifts or donations of services or ments shall cooperate with the Commission in timony of such witnesses and the production of property. expeditiously providing to the Commission mem- such books, records, correspondence, memo- (f) POSTAL SERVICES.—The Commission may bers and staff appropriate security clearances to randa, papers, and documents, as the Commis- use the United States mails in the same manner the extent possible pursuant to existing proce- sion or such designated subcommittee or des- and under the same conditions as departments dures and requirements, except that no person ignated member may determine advisable. and agencies of the United States. shall be provided with access to classified infor- (2) SUBPOENAS.— mation under this title without the appropriate SEC. 606. NONAPPLICABILITY OF FEDERAL ADVI- (A) ISSUANCE.— SORY COMMITTEE ACT. security clearances. (i) IN GENERAL.—A subpoena may be issued (a) IN GENERAL.—The Federal Advisory Com- SEC. 610. REPORTS OF COMMISSION; TERMI- under this subsection only— mittee Act (5 U.S.C. App.) shall not apply to the NATION. (I) by the agreement of the chairman and the Commission. (a) INTERIM REPORTS.—The Commission may vice chairman; or submit to the President and Congress interim re- (II) by the affirmative vote of 6 members of the (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF REPORTS.—The Commission shall— ports containing such findings, conclusions, and Commission. recommendations for corrective measures as (ii) SIGNATURE.—Subject to clause (i), sub- (1) hold public hearings and meetings to the extent appropriate; and have been agreed to by a majority of Commis- poenas issued under this subsection may be sion members. issued under the signature of the chairman or (2) release public versions of the reports re- (b) FINAL REPORT.—Not later than 18 months any member designated by a majority of the quired under section 610 (a) and (b). after the date of the enactment of this Act, the Commission, and may be served by any person (c) PUBLIC HEARINGS.—Any public hearings of Commission shall submit to the President and designated by the chairman or by a member des- the Commission shall be conducted in a manner Congress a final report containing such find- ignated by a majority of the Commission. consistent with the protection of information ings, conclusions, and recommendations for cor- (B) ENFORCEMENT.— provided to or developed for or by the Commis- rective measures as have been agreed to by a (i) IN GENERAL.—In the case of contumacy or sion as required by any applicable statute, regu- majority of Commission members. failure to obey a subpoena issued under sub- lation, or Executive Order. ERMINATION.— section (a), the United States district court for SEC. 607. STAFF OF COMMISSION. (c) T (1) IN GENERAL.—The Commission, and all the the judicial district in which the subpoenaed (a) IN GENERAL.— authorities of this title, shall terminate 60 days person resides, is served, or may be found, or (1) APPOINTMENT AND COMPENSATION.—The where the subpoena is returnable, may issue an chairman, in consultation with vice chairman, after the date on which the final report is sub- order requiring such person to appear at any in accordance with rules agreed upon by the mitted under subsection (b). designated place to testify or to produce docu- Commission, may appoint and fix the compensa- (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- mentary or other evidence. Any failure to obey tion of a staff director and such other personnel NATION.—The Commission may use the 60-day the order of the court may be punished by the as may be necessary to enable the Commission to period referred to in paragraph (1) for the pur- court as a contempt of that court. carry out its functions, without regard to the pose of concluding its activities, including pro- (ii) ADDITIONAL ENFORCEMENT.—In the case of provisions of title 5, United States Code, gov- viding testimony to committees of Congress con- any failure of any witness to comply with any erning appointments in the competitive service, cerning its reports and disseminating the final subpoena or to testify when summoned under and without regard to the provisions of chapter report. authority of this section, the Commission may, 51 and subchapter III of chapter 53 of such title SEC. 611. FUNDING. by majority vote, certify a statement of fact con- relating to classification and General Schedule (a) TRANSFER FROM THE NATIONAL FOREIGN stituting such failure to the appropriate United pay rates, except that no rate of pay fixed under INTELLIGENCE PROGRAM.—Of the amounts au- States attorney, who may bring the matter be- this subsection may exceed the equivalent of thorized to be appropriated by this Act and fore the grand jury for its action, under the that payable for a position at level V of the Ex- made available in public law 107–248 same statutory authority and procedures as if ecutive Schedule under section 5316 of title 5, (Department of Defense Appropriations Act, the United States attorney had received a cer- United States Code. 2003) for the National Foreign Intelligence Pro- tification under sections 102 through 104 of the (2) PERSONNEL AS FEDERAL EMPLOYEES.— gram, not to exceed $3,000,000 shall be available Revised Statutes of the United States (2 U.S.C. (A) IN GENERAL.—The executive director and for transfer to the Commission for purposes of 192 through 194). any personnel of the Commission who are em- the activities of the Commission under this title.

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(b) DURATION OF AVAILABILITY.—Amounts (2) The President shall ensure that such pro- which Federal agencies may, to the extent the made available to the Commission under sub- cedures apply to all agencies of the Federal President considers necessary, share with ap- section (a) shall remain available until the ter- Government. propriate State and local personnel homeland mination of the Commission. (3) Such procedures shall not change the sub- security information that remains classified or TITLE VII—INFORMATION SHARING stantive requirements for the classification and otherwise protected after the determinations safeguarding of classified information. SEC. 701. SHORT TITLE. prescribed under the procedures set forth in sub- (4) Such procedures shall not change the re- This title may be cited as the ‘‘Homeland Se- section (a). quirements and authorities to protect sources (2) It is the sense of Congress that such proce- curity Information Sharing Act’’. and methods. dures may include one or more of the following SEC. 702. FINDINGS AND SENSE OF CONGRESS. (b) PROCEDURES FOR SHARING OF HOMELAND means: (a) FINDINGS.—The Congress finds the fol- SECURITY INFORMATION.—(1) Under procedures (A) Carrying out security clearance investiga- lowing: prescribed by the President, all appropriate tions with respect to appropriate State and local (1) The Federal Government is required by the agencies, including the intelligence community, personnel. Constitution to provide for the common defense, shall, through information sharing systems, (B) With respect to information that is sen- which includes defense against terrorist attacks. share homeland security information with ap- sitive but unclassified, entering into nondisclo- (2) The Federal Government relies on State propriate State and local personnel to the extent sure agreements with appropriate State and and local personnel to protect against terrorist such information may be shared, as determined local personnel. attacks. (C) Increased use of information-sharing part- (3) The Federal Government collects, creates, in accordance with subsection (a), together with assessments of the credibility of such informa- nerships that include appropriate State and manages, and protects classified and sensitive local personnel, such as the Joint Terrorism but unclassified information to enhance home- tion. (2) Each information sharing system through Task Forces of the Federal Bureau of Investiga- land security. tion, the Anti-Terrorism Task Forces of the De- (4) Some homeland security information is which information is shared under paragraph partment of Justice, and regional Terrorism needed by the State and local personnel to pre- (1) shall— (A) have the capability to transmit unclassi- Early Warning Groups. vent and prepare for terrorist attacks. (d) RESPONSIBLE OFFICIALS.—For each af- (5) The needs of State and local personnel to fied or classified information, though the procedures and recipients for each capability may fected Federal agency, the head of such agency have access to relevant homeland security infor- shall designate an official to administer this mation to combat terrorism must be reconciled differ; title with respect to such agency. with the need to preserve the protected status of (B) have the capability to restrict delivery of information to specified subgroups by geo- (e) FEDERAL CONTROL OF INFORMATION.— such information and to protect the sources and Under procedures prescribed under this section, methods used to acquire such information. graphic location, type of organization, position of a recipient within an organization, or a re- information obtained by a State or local govern- (6) Granting security clearances to certain ment from a Federal agency under this section State and local personnel is one way to facili- cipient’s need to know such information; (C) be configured to allow the efficient and ef- shall remain under the control of the Federal tate the sharing of information regarding spe- agency, and a State or local law authorizing or cific terrorist threats among Federal, State, and fective sharing of information; and (D) be accessible to appropriate State and requiring such a government to disclose infor- local levels of government. mation shall not apply to such information. (7) Methods exist to declassify, redact, or oth- local personnel. (f) DEFINITIONS.—As used in this section: erwise adapt classified information so it may be (3) The procedures prescribed under paragraph (1) shall establish conditions on the use of (1) The term ‘‘homeland security information’’ shared with State and local personnel without means any information (other than information the need for granting additional security clear- information shared under paragraph (1)— (A) to limit the redissemination of such infor- that includes individually identifiable informa- ances. tion collected solely for statistical purposes) pos- (8) State and local personnel have capabilities mation to ensure that such information is not used for an unauthorized purpose; sessed by a Federal, State, or local agency and opportunities to gather information on sus- that— picious activities and terrorist threats not pos- (B) to ensure the security and confidentiality of such information; (A) relates to the threat of terrorist activity; sessed by Federal agencies. (B) relates to the ability to prevent, interdict, (9) The Federal Government and State and (C) to protect the constitutional and statutory rights of any individuals who are subjects of or disrupt terrorist activity; local governments and agencies in other juris- (C) would improve the identification or inves- such information; and dictions may benefit from such information. tigation of a suspected terrorist or terrorist orga- (D) to provide data integrity through the time- (10) Federal, State, and local governments and nization; or intelligence, law enforcement, and other emer- ly removal and destruction of obsolete or erro- (D) would improve the response to a terrorist gency preparation and response agencies must neous names and information. act. act in partnership to maximize the benefits of (4) The procedures prescribed under para- (2) The term ‘‘intelligence community’’ has the information gathering and analysis to prevent graph (1) shall ensure, to the greatest extent meaning given such term in section 3(4) of the and respond to terrorist attacks. practicable, that the information sharing system National Security Act of 1947 (50 U.S.C. (11) Information systems, including the Na- through which information is shared under such 401a(4)). tional Law Enforcement Telecommunications paragraph include existing information sharing (3) The term ‘‘State and local personnel’’ System and the Terrorist Threat Warning Sys- systems, including, but not limited to, the Na- means any of the following persons involved in tem, have been established for rapid sharing of tional Law Enforcement Telecommunications prevention, preparation, or response for terrorist classified and sensitive but unclassified informa- System, the Regional Information Sharing Sys- attacks: tion among Federal, State, and local entities. tem, and the Terrorist Threat Warning System (A) State Governors, mayors, and other locally (12) Increased efforts to share homeland secu- of the Federal Bureau of Investigation. elected officials. rity information should avoid duplicating exist- (5) Each appropriate Federal agency, as deter- (B) State and local law enforcement personnel ing information systems. mined by the President, shall have access to and firefighters. (b) SENSE OF CONGRESS.—It is the sense of each information sharing system through which (C) Public health and medical professionals. Congress that Federal, State, and local entities information is shared under paragraph (1), and (D) Regional, State, and local emergency should share homeland security information to shall therefore have access to all information, as management agency personnel, including State the maximum extent practicable, with special appropriate, shared under such paragraph. adjutant generals. emphasis on hard-to-reach urban and rural (6) The procedures prescribed under para- (E) Other appropriate emergency response communities. graph (1) shall ensure that appropriate State agency personnel. (F) Employees of private sector entities that SEC. 703. FACILITATING HOMELAND SECURITY and local personnel are authorized to use such INFORMATION SHARING PROCE- information sharing systems— affect critical infrastructure, cyber, economic, or DURES. (A) to access information shared with such public health security, as designated by the (a) PROCEDURES FOR DETERMINING EXTENT OF personnel; and Federal Government in procedures developed SHARING OF HOMELAND SECURITY INFORMA- (B) to share, with others who have access to pursuant to this section. TION.—(1) The President shall prescribe and im- such information sharing systems, the homeland (4) The term ‘‘State’’ includes the District of plement procedures under which relevant Fed- security information of their own jurisdictions, Columbia and any commonwealth, territory, or eral agencies determine— which shall be marked appropriately as per- possession of the United States. (A) whether, how, and to what extent home- taining to potential terrorist activity. SEC. 704. REPORT. land security information may be shared with (7) Under procedures prescribed jointly by the (a) REPORT REQUIRED.—Not later than 12 appropriate State and local personnel, and with Director of Central Intelligence and the Attor- months after the date of the enactment of this which such personnel it may be shared; ney General, each appropriate Federal agency, Act, the President shall submit to the congres- (B) how to identify and safeguard homeland as determined by the President, shall review and sional committees specified in subsection (b) a security information that is sensitive but unclas- assess the information shared under paragraph report on the implementation of section 703. The sified; and (6) and integrate such information with existing report shall include any recommendations for (C) to the extent such information is in classi- intelligence. additional measures or appropriation requests, fied form, whether, how, and to what extent to (c) SHARING OF CLASSIFIED INFORMATION AND beyond the requirements of section 703, to in- remove classified information, as appropriate, SENSITIVE BUT UNCLASSIFIED INFORMATION crease the effectiveness of sharing of informa- and with which such personnel it may be shared WITH STATE AND LOCAL PERSONNEL.—(1) The tion between and among Federal, State, and after such information is removed. President shall prescribe procedures under local entities.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\A14NO7.058 H14PT1 H8774 CONGRESSIONAL RECORD — HOUSE November 14, 2002

(b) SPECIFIED CONGRESSIONAL COMMITTEES.— ‘‘(F) The annual report on commercial activi- ‘‘(4) The semiannual reports on the acquisi- The congressional committees referred to in sub- ties as security for intelligence collection re- tion of technology relating to weapons of mass section (a) are the following committees: quired by section 437(c) of title 10, United States destruction and advanced conventional muni- (1) The Permanent Select Committee on Intel- Code. tions required by section 721(b) of the Combat- ligence and the Committee on the Judiciary of ‘‘(G) The annual report on expenditures for ting Proliferation of Weapons of Mass Destruc- the House of Representatives. postemployment assistance for terminated intel- tion Act of 1996 (title VII of Public Law 104–293; (2) The Select Committee on Intelligence and ligence employees required by section 1611(e)(2) 50 U.S.C. 2366(b)). the Committee on the Judiciary of the Senate. of title 10, United States Code. ‘‘(5) The semiannual reports on the activities SEC. 705. AUTHORIZATION OF APPROPRIATIONS. ‘‘(H) The annual update on foreign industrial of the Diplomatic Telecommunications Service There is authorized to be appropriated such espionage required by section 809(b) of the Program Office (DTS–PO) required by section sums as may be necessary to carry out section Counterintelligence and Security Enhancements 322(a)(6)(D)(ii) of the Intelligence Authorization 703. Act of 1994 (title VIII of Public Law 103–359; 50 Act for Fiscal Year 2001 (22 U.S.C. SEC. 706. COORDINATION PROVISION. U.S.C. App. 2170b(b)). 7302(a)(6)(D)(ii)). ‘‘(I) The annual report on coordination of ‘‘(6) The semiannual reports on the disclosure (a) PRIOR ENACTMENT.—If this Act is enacted counterintelligence matters with the Federal of information and consumer reports to the Fed- before the Homeland Security Act of 2002, then Bureau of Investigation required by section eral Bureau of Investigation for counterintel- upon the date of the enactment of the Homeland 811(c)(6) of the Counterintelligence and Security ligence purposes required by section 624(h)(2) of Security Act of 2002, this title shall be deemed Enhancements Act of 1994 (50 U.S.C. 402a(c)(6)). the Fair Credit Reporting Act (15 U.S.C. for all purposes not to have taken effect and ‘‘(J) The annual report on foreign companies 1681u(h)(2)). shall cease to be in effect. involved in the proliferation of weapons of mass ‘‘(7) The semiannual provision of information (b) SUBSEQUENT ENACTMENT.—If the Home- destruction that raise funds in the United States on requests for financial information for foreign land Security Act of 2002 is enacted before this capital markets required by section 827 of the counterintelligence purposes required by section Act, then this title shall not take effect. Intelligence Authorization Act for Fiscal Year 1114(a)(5)(C) of the Right to Financial Privacy TITLE VIII—REPORTING REQUIREMENTS 2003. Act of 1978 (12 U.S.C. 3414(a)(5)(C)). Subtitle A—Overdue Reports ‘‘(K) The annual report on certifications for ‘‘(8) The semiannual report on financial intel- SEC. 801. DEADLINE FOR SUBMITTAL OF VARIOUS immunity in interdiction of aircraft engaged in ligence on terrorist assets required by section OVERDUE REPORTS. illicit drug trafficking required by section 118. (a) DEADLINE.—The reports described in sub- 1012(c)(2) of the National Defense Authorization ‘‘(c) SUBMITTAL DATES FOR REPORTS.—(1)(A) section (c) shall be submitted to Congress not Act for Fiscal Year 1995 (22 U.S.C. 2291–4(c)(2)). Except as provided in subsection (d), each an- later than 180 days after the date of the enact- ‘‘(L) The annual report on exceptions to con- nual report listed in subsection (a)(1) shall be ment of this Act. sumer disclosure requirements for national secu- submitted not later than February 1. (b) NONCOMPLIANCE.—(1) If all the reports de- rity investigations under section 604(b)(4)(E) of ‘‘(B) Except as provided in subsection (d), scribed in subsection (c) are not submitted to the Fair Credit Reporting Act (15 U.S.C. each annual report listed in subsection (a)(2) Congress by the date specified in subsection (a), 1681b(b)(4)(E)). shall be submitted not later than December 1. amounts available to be obligated or expended ‘‘(M) The annual report on activities under ‘‘(2) Except as provided in subsection (d), each after that date to carry out the functions or du- the David L. Boren National Security Education semiannual report listed in subsection (b) shall ties of the Office of the Director of Central In- Act of 1991 (title VIII of Public Law 102–183; 50 be submitted not later than February 1 and Au- gust 1. telligence shall be reduced by 1⁄3. U.S.C. 1901 et seq.) required by section 806(a) of (2) The reduction applicable under paragraph that Act (50 U.S.C. 1906(a)). ‘‘(d) POSTPONEMENT OF SUBMITTAL.—(1) Sub- (1) shall not apply if the Director of Central In- ‘‘(N) The annual report on hiring and reten- ject to paragraph (3), the date for the submittal telligence certifies to Congress by the date re- tion of minority employees in the intelligence of— ferred to in subsection (a) that all reports re- community required by section 114(c). ‘‘(A) an annual report listed in subsection ferred to in subsection (c) have been submitted ‘‘(2) The date for the submittal to the congres- (a)(1) may be postponed until March 1; to Congress. sional intelligence committees of the following ‘‘(B) an annual report listed in subsection (a)(2) may be postponed until January 1; and (c) REPORTS DESCRIBED.—The reports referred annual reports shall be the date each year pro- to in subsection (a) are reports mandated by law vided in subsection (c)(1)(B): ‘‘(C) a semiannual report listed in subsection for which the Director of Central Intelligence ‘‘(A) The annual report on the safety and se- (b) may be postponed until March 1 or Sep- has sole or primary responsibility to prepare, co- curity of Russian nuclear facilities and nuclear tember 1, as the case may be, if the official required to submit such report sub- ordinate, and submit to Congress which, as of military forces required by section 114(b). mits to the congressional intelligence committees the date of the enactment of this Act, have not ‘‘(B) The annual report on the threat of at- a written notification of such postponement. been submitted to Congress. tack on the United States from weapons of mass destruction required by section 114(d). ‘‘(2)(A) Notwithstanding any other provision Subtitle B—Submittal of Reports to ‘‘(C) The annual report on covert leases re- of law and subject to paragraph (3), the date for Intelligence Committees quired by section 114(e). the submittal to the congressional intelligence SEC. 811. DATES FOR SUBMITTAL OF VARIOUS AN- ‘‘(D) The annual report on improvements of committees of any report described in subpara- NUAL AND SEMIANNUAL REPORTS the financial statements of the intelligence com- graph (B) may be postponed by not more than TO THE CONGRESSIONAL INTEL- munity for auditing purposes required by sec- 30 days from the date otherwise specified in the LIGENCE COMMITTEES. tion 114A. provision of law for the submittal of such report (a) IN GENERAL.—(1) Title V of the National ‘‘(E) The annual report on activities of per- if the official required to submit such report sub- Security Act of 1947 (50 U.S.C. 413 et seq.), as sonnel of the Federal Bureau of Investigation mits to the congressional intelligence committees amended by section 311 of this Act, is further outside the United States required by section a written notification of such postponement. amended by adding at the end the following 540C(c)(2) of title 28, United States Code. ‘‘(B) A report described in this subparagraph new section: ‘‘(F) The annual report on intelligence activi- is any report on intelligence or intelligence-re- ‘‘DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND ties of the People’s Republic of China required lated activities of the United States Government SEMIANNUAL REPORTS TO THE CONGRESSIONAL by section 308(c) of the Intelligence Authoriza- that is submitted under a provision of law re- INTELLIGENCE COMMITTEES tion Act for Fiscal Year 1998 (Public Law 105– quiring the submittal of only a single report. ‘‘SEC. 507. (a) ANNUAL REPORTS.—(1) The date 107; 50 U.S.C. 402a note). ‘‘(3)(A) The date for the submittal of a report for the submittal to the congressional intel- ‘‘(G) The annual report on counterdrug intel- whose submittal is postponed under paragraph ligence committees of the following annual re- ligence matters required by section 826 of the In- (1) or (2) may be postponed beyond the time pro- ports shall be the date each year provided in telligence Authorization Act for Fiscal Year vided for the submittal of such report under subsection (c)(1)(A): 2003. such paragraph if the official required to submit ‘‘(A) The annual evaluation of the perform- ‘‘(b) SEMIANNUAL REPORTS.—The dates for the such report submits to the congressional intel- ance and responsiveness of certain elements of submittal to the congressional intelligence com- ligence committees a written certification that the intelligence community required by section mittees of the following semiannual reports shall preparation and submittal of such report at 105(d). be the dates each year provided in subsection such time will impede the work of officers or em- ‘‘(B) The annual report on intelligence re- (c)(2): ployees of the intelligence community in a man- quired by section 109. ‘‘(1) The periodic reports on intelligence pro- ner that will be detrimental to the national se- ‘‘(C) The annual report on intelligence com- vided to the United Nations required by section curity of the United States. munity cooperation with Federal law enforce- 112(b). ‘‘(B) A certification with respect to a report ment agencies required by section 114(a)(2). ‘‘(2) The semiannual reports on the Office of under subparagraph (A) shall include a pro- ‘‘(D) The annual report on the protection of the Inspector General of the Central Intelligence posed submittal date for such report, and such the identities of covert agents required by sec- Agency required by section 17(d)(1) of the Cen- report shall be submitted not later than that tion 603. tral Intelligence Agency Act of 1949 (50 U.S.C. date.’’. ‘‘(E) The annual report of the Inspectors Gen- 403q(d)(1)). (2) The table of sections for the National Secu- erals of the intelligence community on proposed ‘‘(3) The semiannual reports on decisions not rity Act of 1947, as amended by section 311 of resources and activities of their offices required to prosecute certain violations of law under the this Act, is further amended by inserting after by section 8H(g) of the Inspector General Act of Classified Information Procedures Act (18 U.S.C. the item relating to section 506 the following 1978. App.) as required by section 13 of that Act. new item:

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A14NO7.060 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8775 ‘‘Sec. 507. Dates for submittal of various annual (ii) in subsection (b)(1), by striking ‘‘, on an tion 3 of the National Security Act of 1947 (50 and semiannual reports to the annual basis’’ and all that follows through U.S.C. 401a). congressional intelligence commit- ‘‘leadership’’ and inserting ‘‘submit to the con- ‘‘(B) CONGRESSIONAL LEADERSHIP.—The term tees.’’. gressional leadership on an annual basis, and to ‘congressional leadership’ means the Speaker and the minority leader of the House of Rep- (b) CONFORMING AMENDMENTS TO EXISTING the congressional intelligence committees on the resentatives and the majority leader and the mi- REPORTING REQUIREMENTS.— date each year provided in section 507,’’. nority leader of the Senate.’’. (1) NATIONAL SECURITY ACT OF 1947.—(A) Sub- (E) Section 603 of that Act (50 U.S.C. 423) is (B) Paragraph (6) of section 811(c) of that Act section (d) of section 105 of the National Secu- amended— (50 U.S.C. 402a(c)) is amended to read as fol- rity Act of 1947 (50 U.S.C. 403–5) is amended to (i) in subsection (a), by adding at the end the following new sentence: ‘‘The date for the sub- lows: read as follows: ‘‘(6)(A) Not later each year than the date pro- ‘‘(d) ANNUAL EVALUATION OF PERFORMANCE mittal of the report shall be the date provided in section 507.’’; and vided in section 507 of the National Security Act AND RESPONSIVENESS OF CERTAIN ELEMENTS OF of 1947, the Director of the Federal Bureau of INTELLIGENCE COMMUNITY.—(1) Not later each (ii) in subsection (b), by striking the second sentence. Investigation shall submit to the congressional year than the date provided in section 507, the intelligence committees (as defined in section 3 Director shall submit to the congressional intel- (2) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—Section 17(d)(1) of the Central Intelligence of that Act (50 U.S.C. 401a)) a report with re- ligence committees the evaluation described in spect to compliance with paragraphs (1) and (2) paragraph (3). Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is amended in the second sentence by striking during the previous calendar year. ‘‘(2) The Director shall submit each year to ‘‘(B) Not later than February 1 each year, the the Committee on Foreign Intelligence of the ‘‘Within thirty days of receipt of such reports,’’ and inserting ‘‘Not later than the dates each Director shall, in accordance with applicable se- National Security Council, and to the Commit- curity procedures, submit to the Committees on year provided for the transmittal of such reports tees on Armed Services and Appropriations of the Judiciary of the Senate and House of Rep- in section 507 of the National Security Act of the Senate and House of Representatives, the resentatives a report with respect to compliance 1947,’’. evaluation described in paragraph (3). with paragraphs (1) and (2) during the previous (3) CLASSIFIED INFORMATION PROCEDURES ‘‘(3) An evaluation described in this para- calendar year. ACT.—Section 13 of the Classified Information graph is an evaluation of the performance and ‘‘(C) The Director of the Federal Bureau of Procedures Act (18 U.S.C. App.) is amended— responsiveness of the National Security Agency, Investigation shall submit each report under (A) by redesignating subsection (b) as sub- the National Reconnaissance Office, and the this paragraph in consultation with the Director section (c); and National Imagery and Mapping Agency in meet- of Central Intelligence and the Secretary of De- (B) by inserting after subsection (a) the fol- ing their respective national missions. fense.’’. lowing new subsection (b): ‘‘(4) The Director shall submit each evalua- (C) Section 721 of the Combatting Prolifera- ‘‘(b) In the case of the semiannual reports tion under this subsection in consultation with tion of Weapons of Mass Destruction Act of 1996 (whether oral or written) required to be sub- the Secretary of Defense and the Chairman of (title VII of Public Law 104–293; 110 Stat. 3474; mitted under subsection (a) to the Permanent the Joint Chiefs of Staff.’’. 50 U.S.C. 2366) is amended— Select Committee on Intelligence of the House of (B) Section 109 of that Act (50 U.S.C. 404d) is (i) in subsection (a), by striking ‘‘Not later Representatives and the Select Committee on In- amended— than’’ and all that follows through ‘‘the Direc- telligence of the Senate, the submittal dates for (i) in subsection (a), by striking paragraph (1) tor’’ and inserting ‘‘The Director’’; such reports shall be as provided in section 507 and inserting the following new paragraph (1): (ii) by redesignating subsection (b) as sub- of the National Security Act of 1947.’’. ‘‘(1)(A) Not later each year than the date pro- section (c); (4) TITLE 10, UNITED STATES CODE.—(A) Sec- (iii) by inserting after subsection (a) the fol- vided in section 507, the President shall submit tion 437 of title 10, United States Code, is lowing new subsection (b): to the congressional intelligence committees a amended— ‘‘(b) SUBMITTAL DATES.—(1) The report re- report on the requirements of the United States (i) in subsection (c), by striking ‘‘Not later quired by subsection (a) shall be submitted each for intelligence and the activities of the intel- than’’ and all that follows through ‘‘of Con- year to the congressional intelligence committees ligence community. gress’’ and inserting ‘‘Not later each year than and the congressional leadership on a semi- ‘‘(B) Not later than January 31 each year, the date provided in section 507 of the National annual basis on the dates provided in section and included with the budget of the President Security Act of 1947, the Secretary shall submit 507 of the National Security Act of 1947. for the next fiscal year under section 1105(a) of to the congressional intelligence committees (as ‘‘(2) In this subsection: title 31, United States Code, the President shall defined in section 3 of that Act (50 U.S.C. ‘‘(A) The term ‘congressional intelligence com- submit to the appropriate congressional commit- 401a))’’; and mittees’ has the meaning given that term in sec- tees the report described in subparagraph (A).’’; (ii) by striking subsection (d). tion 3 of the National Security Act of 1947 (50 (ii) in subsection (c), as amended by section (B) Section 1611(e) of that title is amended— U.S.C. 401a). 803(a) of the Intelligence Renewal and Reform (i) in paragraph (1), by striking ‘‘paragraph ‘‘(B) The term ‘congressional leadership’ Act of 1996 (title VIII of Public Law 104–293; 110 (2)’’ and inserting ‘‘paragraph (3)’’; means the Speaker and the minority leader of Stat. 3475)— (ii) by redesignating paragraph (2) as para- the House of Representatives and the majority (I) in paragraph (1), by striking ‘‘The Select graph (3); and leader and the minority leader of the Senate.’’; Committee on Intelligence, the Committee on (iii) by inserting after paragraph (1) the fol- and Appropriations,’’ and inserting ‘‘The Committee lowing new paragraph (2): (iv) in subsection (c), as so redesignated, by on Appropriations’’; and ‘‘(2) In the case of a report required to be sub- striking ‘‘The reports’’ and inserting ‘‘Each re- (II) in paragraph (2), by striking ‘‘The Perma- mitted under paragraph (1) to the Select Com- port’’. (D) Section 308 of the Intelligence Authoriza- nent Select Committee on Intelligence, the Com- mittee on Intelligence of the Senate and the Per- tion Act for Fiscal Year 1998 (Public Law 105– mittee on Appropriations,’’ and inserting ‘‘The manent Select Committee on Intelligence of the 107; 111 Stat. 2253; 50 U.S.C. 402a note) is Committee on Appropriations’’; and House of Representatives, the date for the sub- amended— (iii) by striking subsection (c), as added by mittal of such report shall be as provided in sec- section 304(a) of the Intelligence Authorization (i) in subsection (a)— tion 507 of the National Security Act of 1947.’’. (I) by striking ‘‘Not later than’’ and all that Act for Fiscal Year 1994 (Public Law 103–178; (5) INTELLIGENCE AUTHORIZATION ACTS.—(A) follows through ‘‘the Director of Central Intel- 107 Stat. 2034). Section 809 of the Counterintelligence and Secu- ligence’’ and inserting ‘‘The Director of Central (C) Section 112(b) of that Act (50 U.S.C. rity Enhancements Act of 1994 (title VIII of Intelligence’’; and 404g(b)) is amended by adding at the end the Public Law 103–359; 108 Stat. 3454; 50 U.S.C. (II) by inserting ‘‘on an annual basis’’ after following new paragraph: App. 2170b) is amended by striking subsection ‘‘to Congress’’; and ‘‘(3) In the case of periodic reports required to (b) and inserting the following new subsection (ii) by adding at the end the end the following be submitted under the first sentence of para- (b): new subsection (c): graph (1) to the congressional intelligence com- ‘‘(b) ANNUAL UPDATE.— ‘‘(c) SUBMITTAL DATE OF REPORT TO LEADER- mittees, the submittal dates for such reports ‘‘(1) SUBMITTAL TO CONGRESSIONAL INTEL- SHIP OF CONGRESSIONAL INTELLIGENCE COMMIT- shall be as provided in section 507.’’. LIGENCE COMMITTEES.—Not later each year than TEES.—The date each year for the submittal to (D) Section 114 of that Act (50 U.S.C. 404i) is the date provided in section 507 of the National the Chairman and Ranking Member of the Per- amended— Security Act of 1947, the President shall submit manent Select Committee on Intelligence of the (i) in subsection (a)— to the congressional intelligence committees a House of Representatives and the Chairman and (I) in paragraph (1), by striking ‘‘the congres- report updating the information referred to in Vice Chairman of the Select Committee on Intel- sional intelligence committees and’’; subsection (a)(1)(D). ligence of the Senate of the report required by (II) by redesignating paragraphs (2) and (3) as ‘‘(2) SUBMITTAL TO CONGRESSIONAL LEADER- subsection (a) shall be the date provided in sec- paragraphs (3) and (4), respectively; and SHIP.—Not later than April 14 each year, the tion 507 of the National Security Act of 1947.’’. (III) by inserting after paragraph (1) the fol- President shall submit to the congressional lead- (E) Section 322(a)(6)(D) of the Intelligence Au- lowing new paragraph (2): ership a report updating the information re- thorization Act for Fiscal Year 2001 (Public Law ‘‘(2) Not later each year than the date pro- ferred to in subsection (a)(1)(D). 106–567; 114 Stat. 2844; 22 U.S.C. 7302(a)(6)(D)) is vided in section 507, the Director shall submit to ‘‘(3) DEFINITIONS.—In this subsection: amended— the congressional intelligence committees the re- ‘‘(A) CONGRESSIONAL INTELLIGENCE COMMIT- (i) in clause (i), by striking ‘‘Beginning on’’ port required to be submitted under paragraph TEES.—The term ‘congressional intelligence com- and inserting ‘‘Except as provided in clause (ii), (1) during the preceding year.’’; and mittees’ has the meaning given that term in sec- beginning on’’;

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A14NO7.062 H14PT1 H8776 CONGRESSIONAL RECORD — HOUSE November 14, 2002 (ii) by redesignating clause (ii) as clause (iii); submittal dates for such reports shall be as pro- Intelligence, the Director of the National Secu- (iii) by inserting after clause (i) the following vided in section 507 of the National Security Act rity Agency, the Director of the Defense Intel- new clause (ii): of 1947.’’. ligence Agency, and the Director of the National ‘‘(ii) SUBMITTAL DATE OF REPORTS TO CON- (9) RIGHT TO FINANCIAL PRIVACY ACT OF 1978.— Imagery and Mapping Agency shall each submit GRESSIONAL INTELLIGENCE COMMITTEES.—In the Section 1114(a)(5)(C) of the Right to Financial to the congressional intelligence committees a case of reports required to be submitted under Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C)) is report describing the activities being undertaken clause (i) to the congressional intelligence com- amended by striking ‘‘On a semiannual’’ and all by such official to ensure that the financial mittees (as defined in section 3 of the National that follows through ‘‘the Senate’’ and inserting statements of such agency can be audited in ac- Security Act of 1947 (50 U.S.C. 401a)), the sub- ‘‘On the dates provided in section 507 of the Na- cordance with applicable law and requirements mittal dates for such reports shall be as provided tional Security Act of 1947, the Attorney Gen- of the Office of Management and Budget.’’. in section 507 of that Act.’’; and eral shall fully inform the congressional intel- (b) CLERICAL AMENDMENT.—The table of sec- (iv) in clause (iii), as so redesignated, by strik- ligence committees (as defined in section 3 of tions for the National Security Act of 1947 is ing ‘‘report’’ and inserting ‘‘reports’’. that Act (50 U.S.C. 401a))’’. amended by inserting after the item relating to (6) PUBLIC LAW 103–337.—Section 1012(c) of the Subtitle C—Recurring Annual Reports section 114 the following new item: National Defense Authorization Act for Fiscal SEC. 821. ANNUAL REPORT ON THREAT OF AT- ‘‘Sec. 114A. Annual report on improvement of fi- Year 1995 (22 U.S.C. 2291–4(c)) is amended— TACK ON THE UNITED STATES nancial statements for auditing (A) in paragraph (1), by striking ‘‘Not later USING WEAPONS OF MASS DESTRUC- purposes.’’. than’’ and inserting ‘‘Except as provided in TION. SEC. 824. ANNUAL REPORT ON ACTIVITIES OF paragraph (2), not later than’’; Section 114 of the National Security Act of FEDERAL BUREAU OF INVESTIGA- (B) by redesignating paragraph (2) as para- 1947, as amended by section 353(b)(6) of this Act, TION PERSONNEL OUTSIDE THE graph (3); and is further amended— UNITED STATES. (C) by inserting after paragraph (1) the fol- (1) by redesignating subsection (d) as sub- (a) ANNUAL REPORT.—Chapter 33 of title 28, lowing new paragraph (2): section (e); and United States Code, is amended by adding at the ‘‘(2) In the case of a report required to be sub- (2) by inserting after subsection (c) the fol- end the following new section: mitted under paragraph (1) to the congressional lowing new subsection (d): ‘‘§ 540C. Annual report on activities of Federal intelligence committees (as defined in section 3 ‘‘(d) ANNUAL REPORT ON THREAT OF ATTACK Bureau of Investigation personnel outside of the National Security Act of 1947 (50 U.S.C. ON THE UNITED STATES USING WEAPONS OF MASS the United States 401a)), the submittal date for such report shall DESTRUCTION.—(1) Not later each year than the ‘‘(a) The Director of the Federal Bureau of be as provided in section 507 of that Act.’’. date provided in section 507, the Director shall Investigation shall submit to the appropriate (7) DAVID L. BOREN NATIONAL SECURITY EDU- submit to the congressional committees specified committees of Congress each year a report on CATION ACT OF 1991.—The David L. Boren Na- in paragraph (3) a report assessing the fol- the activities of personnel of the Federal Bureau tional Security Education Act of 1991 (title VIII lowing: ‘‘(A) The current threat of attack on the of Investigation outside the United States. of Public Law 102–183; 50 U.S.C. 1901 et seq.) is ‘‘(b) The report under subsection (a) shall in- United States using ballistic missiles or cruise amended— clude the following: missiles. (A) in section 806(a) (50 U.S.C. 1906(a))— ‘‘(1) For the year preceding the year in which ‘‘(B) The current threat of attack on the (i) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; the report is required to be submitted— United States using a chemical, biological, or (ii) in paragraph (1), as so designated, by ‘‘(A) the number of personnel of the Bureau nuclear weapon delivered by a system other striking ‘‘the Congress’’ and inserting ‘‘the con- posted or detailed outside the United States dur- than a ballistic missile or cruise missile. gressional intelligence committees’’; ing the year; ‘‘(2) Each report under paragraph (1) shall be (iii) by designating the second sentence as ‘‘(B) a description of the coordination of the a national intelligence estimate, or have the for- paragraph (2) and by aligning such paragraph investigations, asset handling, liaison, and with the paragraph added by clause (v); mality of a national intelligence estimate. ‘‘(3) The congressional committees referred to operational activities of the Bureau during the (iv) in paragraph (2), as so designated, by in- year with other elements of the intelligence com- serting ‘‘submitted to the President’’ after ‘‘The in paragraph (1) are the following: ‘‘(A) The congressional intelligence commit- munity; and report’’; and ‘‘(C) a description of the extent to which in- (v) by adding at the end the following new tees. ‘‘(B) The Committees on Foreign Relations formation derived from activities described in paragraph (3): subparagraph (B) was shared with other ele- ‘‘(3) The report submitted to the congressional and Armed Services of the Senate. ‘‘(C) The Committees on International Rela- ments of the intelligence community. intelligence committees shall be submitted on the ‘‘(2) For the year in which the report is re- date provided in section 507 of the National Se- tions and Armed Services of the House of Rep- resentatives.’’. quired to be submitted— curity Act of 1947.’’; and ‘‘(A) a description of the plans, if any, of the SEC. 822. ANNUAL REPORT ON COVERT LEASES. (B) in section 808 (50 U.S.C. 1908), by adding Director— Section 114 of the National Security Act of at the end the following new paragraph (5): ‘‘(i) to modify the number of personnel of the 1947, as amended by section 821 of this Act, is ‘‘(5) The term ‘congressional intelligence com- Bureau posted or detailed outside the United further amended— mittees’ means— States; or (1) by redesignating subsection (e) as sub- ‘‘(A) the Select Committee on Intelligence of ‘‘(ii) to modify the scope of the activities of section (f); and the Senate; and personnel of the Bureau posted or detailed out- (2) by inserting after subsection (d) the fol- ‘‘(B) the Permanent Select Committee on In- side the United States; and lowing new subsection (e): telligence of the House of Representatives.’’. ‘‘(B) a description of the manner and extent ‘‘(e) ANNUAL REPORT ON COVERT LEASES.—(1) (8) FAIR CREDIT REPORTING ACT.—(A) Section to which information derived from activities of 604(b)(4) of the Fair Credit Reporting Act (15 Not later each year than the date provided in section 507, the Director shall submit to the con- the Bureau described in paragraph (1)(B) dur- U.S.C. 1681b(b)(4)) is amended— ing the year will be shared with other elements (i) in subparagraph (D), by striking ‘‘Not later gressional intelligence committees a report on each covert lease of an element of the intel- of the intelligence community. than’’ and inserting ‘‘Except as provided in sub- ‘‘(c) The date of the submittal each year of ligence community that is in force as of the end paragraph (E), not later than’’; the report required by subsection (a) shall be the (ii) by redesignating subparagraph (E) as sub- of the preceding year. ‘‘(2) Each report under paragraph (1) shall in- date provided in section 507 of the National Se- paragraph (F); and curity Act of 1947. (iii) by inserting after subparagraph (D) the clude the following: ‘‘(A) A list of each lease described by that ‘‘(d) In this section, the term ‘appropriate following new subparagraph (E): paragraph. committees of Congress’ means— ‘‘(E) REPORTS TO CONGRESSIONAL INTEL- ‘‘(B) For each lease— ‘‘(1) the Committees on the Judiciary of the LIGENCE COMMITTEES.—In the case of a report to ‘‘(i) the cost of such lease; Senate and House of Representatives; and be submitted under subparagraph (D) to the ‘‘(ii) the duration of such lease; ‘‘(2) the congressional intelligence committees congressional intelligence committees (as defined ‘‘(iii) the purpose of such lease; and (as defined in section 3 of the National Security in section 3 of the National Security Act of 1947 ‘‘(iv) the directorate or office that controls Act of 1947 (50 U.S.C. 401a)).’’. (50 U.S.C. 401a)), the submittal date for such re- such lease.’’. (b) CLERICAL AMENDMENT.—The table of sec- port shall be as provided in section 507 of that SEC. 823. ANNUAL REPORT ON IMPROVEMENT OF tions at the beginning of chapter 33 of that title Act.’’. FINANCIAL STATEMENTS OF CER- is amended by inserting after the item relating (B) Section 625(h) of that Act (15 U.S.C. TAIN ELEMENTS OF THE INTEL- to section 540B the following new item: 1681u(h)) is amended— LIGENCE COMMUNITY FOR AUDIT- ‘‘540C. Annual report on activities of Federal (i) by inserting ‘‘(1)’’ before ‘‘On a semi- ING PURPOSES. Bureau of Investigation personnel (a) IN GENERAL.—Title I of the National Secu- annual basis,’’; and outside the United States.’’. (ii) by adding at the end the following new rity Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 114 the following SEC. 825. ANNUAL REPORTS OF INSPECTORS paragraph: GENERAL OF THE INTELLIGENCE ‘‘(2) In the case of the semiannual reports renew section: COMMUNITY ON PROPOSED RE- quired to be submitted under paragraph (1) to ‘‘ANNUAL REPORT ON IMPROVEMENT OF SOURCES AND ACTIVITIES OF THEIR the Permanent Select Committee on Intelligence FINANCIAL STATEMENTS FOR AUDITING PURPOSES OFFICES. of the House of Representatives and the Select ‘‘SEC. 114A. Not later each year than the date Section 8H of the Inspector General Act of Committee on Intelligence of the Senate, the provided in section 507, the Director of Central 1978 (5 U.S.C. App.) is amended—

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(1) in subsection (f), by striking ‘‘this section’’ (d) FORM OF REPORTS.—Each report under the National Security Act of 1947 (50 U.S.C. and inserting ‘‘subsections (a) through (e)’’; subsection (a) shall be submitted in unclassified 404h) is amended by striking subsection (c). (2) by redesignating subsection (g) as sub- form, but may include a classified annex. (b) ANNUAL REPORT ON EXERCISE OF NA- section (h); and (e) APPROPRIATE COMMITTEES OF CONGRESS TIONAL SECURITY AGENCY VOLUNTARY SEPARA- (3) by inserting after subsection (f) the fol- DEFINED.—In this section, the term TION PAY AUTHORITY.—Section 301(j) of the Na- lowing new subsection (g): ‘‘appropriate committees of Congress’’ means— tional Security Act of 1947 (50 U.S.C. 409a(j)), as ‘‘(g)(1) The Inspector General of the Defense (1) the Select Committee on Intelligence of the amended by section 353(b)(2)(A) of this Act, is Intelligence Agency, the National Imagery and Senate and the Permanent Select Committee on further amended— Mapping Agency, the National Reconnaissance Intelligence of the House of Representatives; (1) by striking ‘‘REPORTING REQUIRE- Office, and the National Security Agency shall (2) the Committees on Armed Services, Bank- MENTS.—’’ and all that follows through ‘‘The each submit to the congressional intelligence ing, Housing, and Urban Affairs, Governmental Director may’’ and inserting ‘‘NOTIFICATION OF committees each year a report that sets forth the Affairs, and Foreign Relations of the Senate; EXERCISE OF AUTHORITY.—The Director may’’; following: and and ‘‘(A) The personnel and funds requested by (3) the Committees on Armed Services, Finan- (2) by striking paragraph (2). such Inspector General for the fiscal year begin- cial Services, Government Reform, and Inter- (c) ANNUAL REPORT ON TRANSFERS OF ning in such year for the activities of the office national Relations of the House of Representa- AMOUNTS FOR ACQUISITION OF LAND BY THE of such Inspector General in such fiscal year. tives. CENTRAL INTELLIGENCE AGENCY.—Section 5(c)(2) ‘‘(B) The plan of such Inspector General for Subtitle D—Other Reports of the Central Intelligence Agency Act of 1949 such activities, including the programs and ac- SEC. 831. REPORT ON EFFECT OF COUNTRY-RE- (50 U.S.C. 403f(c)(2)) is amended by striking ‘‘an tivities scheduled for review by the office of LEASE RESTRICTIONS ON ALLIED IN- annual report on the transfers of sums described such Inspector General during such fiscal year. TELLIGENCE-SHARING RELATION- in paragraph (1).’’ and inserting ‘‘a report on ‘‘(C) An assessment of the current ability of SHIPS. the transfer of sums described in paragraph (1) such Inspector General to hire and retain quali- (a) REPORT.—Not later than 90 days after the each time that authority is exercised.’’. fied personnel for the office of such Inspector date of the enactment of this Act, the Director (d) ANNUAL REPORT ON USE OF CIA PER- General. of Central Intelligence shall, in consultation SONNEL AS SPECIAL POLICEMEN.—Section 15(a) ‘‘(D) Any matters that such Inspector General with the Secretary of Defense, submit to the of the Central Intelligence Agency Act of 1949 considers appropriate regarding the independ- congressional intelligence committees a report (50 U.S.C. 403o(a)) is amended by striking para- ence and effectiveness of the office of such In- containing an assessment of the effect of the use graph (5). spector General. of ‘‘NOFORN’’ classifications, and of other (e) ANNUAL AUDIT OF THE CENTRAL SERVICES ‘‘(2) The submittal date for a report under country-release policies, procedures, and classi- PROGRAM OF THE CENTRAL INTELLIGENCE AGEN- paragraph (1) each year shall be the date pro- fication restrictions, on intelligence-sharing re- CY.—Section 21 of the Central Intelligence Agen- vided in section 507 of the National Security Act lationships and coordinated intelligence oper- cy Act of 1949 (50 U.S.C. 403u) is amended— of 1947. ations and military operations between the (1) by striking subsection (g); and ‘‘(3) In this subsection, the term United States and its allies. The report shall in- (2) by redesignating subsection (h) as sub- ‘congressional intelligence committees’ shall clude an assessment of the effect of the use of section (g). have the meaning given that term in section 3 of such classifications, and of such policies, proce- (f) ANNUAL REPORT ON SPECIAL POLICE AU- the National Security Act of 1947 (50 U.S.C. dures, and restrictions, on counterterrorism op- THORITY FOR THE NATIONAL SECURITY AGEN- 401a).’’. erations in Afghanistan and elsewhere. CY.—Section 11(a)(5) of the National Security (b) CONGRESSIONAL INTELLIGENCE COMMITTEES SEC. 826. ANNUAL REPORT ON COUNTERDRUG IN- Agency Act of 1959 (50 U.S.C. 402 note) is TELLIGENCE MATTERS. DEFINED.—In this section, the term amended by inserting ‘‘through 2004’’ after ‘‘Not ‘‘congressional intelligence committee’’ means— (a) ANNUAL REPORT.—The Counterdrug Intel- later than July 1 each year’’. (1) the Select Committee on Intelligence of the ligence Coordinating Group shall submit to the Senate; and TITLE IX—COUNTERINTELLIGENCE appropriate committees of Congress each year a (2) the Permanent Select Committee on Intel- ACTIVITIES report on current counterdrug intelligence mat- ligence of the House of Representatives. SEC. 901. SHORT TITLE; PURPOSE. ters. The report shall include the recommenda- SEC. 832. EVALUATION OF POLICIES AND PROCE- (a) SHORT TITLE.—This title may be cited as tions of the Counterdrug Intelligence Coordi- DURES OF DEPARTMENT OF STATE the ‘‘Counterintelligence Enhancement Act of nating Group on the appropriate number of per- ON PROTECTION OF CLASSIFIED IN- 2002’’. manent staff, and of detailed personnel, for the FORMATION AT DEPARTMENT HEAD- (b) PURPOSE.—The purpose of this title is to staff of the Counterdrug Intelligence Executive QUARTERS. facilitate the enhancement of the counterintel- Secretariat. (a) EVALUATION REQUIRED.—Not later than ligence activities of the United States Govern- (b) SUBMITTAL DATE.—The date of the sub- December 31 of 2002, 2003, and 2004, the Inspec- ment by— mittal each year of the report required by sub- tor General of the Department of State shall (1) enabling the counterintelligence commu- section (a) shall be the date provided in section conduct an evaluation of the policies and proce- nity of the United States Government to fulfill 507 of the National Security Act of 1947, as dures of the Department on the protection of better its mission of identifying, assessing, added by section 811 of this Act. classified information at the Headquarters of prioritizing, and countering the intelligence (c) APPROPRIATE COMMITTEES OF CONGRESS the Department, including compliance with the threats to the United States; DEFINED.—In this section, the term directives of the Director of Central Intelligence (2) ensuring that the counterintelligence com- ‘‘appropriate committees of Congress’’ means— (DCIDs) regarding the storage and handling of munity of the United States Government acts in (1) the Committees on Appropriations of the Sensitive Compartmented Information (SCI) ma- an efficient and effective manner; and Senate and House of Representatives; and terial. (3) providing for the integration of all the (2) the congressional intelligence committees (b) ANNUAL REPORT.—Except as provided in counterintelligence activities of the United (as defined in section 3 of the National Security subsection (c), not later than February 1 of 2003, States Government. Act of 1947 (50 U.S.C. 401a)). 2004, and 2005, the Inspector General shall sub- SEC. 902. NATIONAL COUNTERINTELLIGENCE EX- SEC. 827. ANNUAL REPORT ON FOREIGN COMPA- mit to the following committees a report on the ECUTIVE. NIES INVOLVED IN THE PROLIFERA- evaluation conducted under subsection (a) dur- TION OF WEAPONS OF MASS DE- ing the preceding year: (a) ESTABLISHMENT.—(1) There shall be a Na- STRUCTION THAT RAISE FUNDS IN (1) The congressional intelligence committees. tional Counterintelligence Executive, who shall THE UNITED STATES CAPITAL MAR- (2) The Committee on Foreign Relations of the be appointed by the President. KETS. Senate and the Committee on International Re- (2) It is the sense of Congress that the Presi- (a) ANNUAL REPORT REQUIRED.—The Director lations of the House of Representatives. dent should seek the views of the Attorney Gen- of Central Intelligence shall submit to the ap- (c) EXCEPTION.—The date each year for the eral, Secretary of Defense, and Director of Cen- propriate committees of Congress on an annual submittal of a report under subsection (b) may tral Intelligence in selecting an individual for basis a report setting forth each foreign com- be postponed in accordance with section 507(d) appointment as the Executive. pany described in subsection (b) that raised or of the National Security Act of 1947, as added (b) MISSION.—The mission of the National attempted to raise funds in the United States by section 811 of this Act. Counterintelligence Executive shall be to serve capital markets during the preceding year. (d) CONGRESSIONAL INTELLIGENCE COMMIT- as the head of national counterintelligence for (b) COVERED FOREIGN COMPANIES.—A foreign TEES DEFINED.—In this section, the term the United States Government. company described in this subsection is any for- ‘‘congressional intelligence committees’’ means— (c) DUTIES.—Subject to the direction and con- eign company determined by the Director to be (1) the Select Committee on Intelligence of the trol of the President, the duties of the National engaged or involved in the proliferation of Senate; and Counterintelligence Executive are as follows: weapons of mass destruction (including nuclear, (2) the Permanent Select Committee on Intel- (1) To carry out the mission referred to in sub- biological, or chemical weapons) or the means to ligence of the House of Representatives. section (b). deliver such weapons. Subtitle E—Repeal of Certain Report (2) To act as chairperson of the National (c) SUBMITTAL DATE.—The date each year for Requirements Counterintelligence Policy Board under section the submittal of the report required by sub- SEC. 841. REPEAL OF CERTAIN REPORT REQUIRE- 811 of the Counterintelligence and Security En- section (a) shall be the date provided in section MENTS. hancements Act of 1994 (title VIII of Public Law 507 of the National Security Act of 1947, as (a) ANNUAL REPORT ON THE DETAIL OF INTEL- 103–359; 50 U.S.C. 402a), as amended by section added by section 811 of this Act. LIGENCE COMMUNITY PERSONNEL.—Section 113 of 903 of this Act.

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(3) To act as head of the Office of the Na- located in the Office of the Director of Central (7) NATIONAL COUNTERINTELLIGENCE OUT- tional Counterintelligence Executive under sec- Intelligence. REACH, WATCH, AND WARNING.— tion 904. (d) GENERAL COUNSEL.—(1) There shall be in (A) COUNTERINTELLIGENCE VULNERABILITY (4) To participate as an observer on such the Office of the National Counterintelligence SURVEYS.—To carry out and coordinate surveys boards, committees, and entities of the executive Executive a general counsel who shall serve as of the vulnerability of the United States Govern- branch as the President considers appropriate principal legal advisor to the National Counter- ment, and the private sector, to intelligence for the discharge of the mission and functions of intelligence Executive. threats in order to identify the areas, programs, (2) The general counsel shall— the Executive and the Office of the National and activities that require protection from such Counterintelligence Executive under section 904. (A) provide legal advice and counsel to the Executive on matters relating to functions of the threats. SEC. 903. NATIONAL COUNTERINTELLIGENCE (B) OUTREACH.—To carry out and coordinate POLICY BOARD. Office; (B) ensure that the Office complies with all outreach programs and activities on counter- (a) CHAIRPERSON.—Section 811 of the Counter- applicable laws, regulations, Executive orders, intelligence to other elements of the United intelligence and Security Enhancements Act of and guidelines; and States Government, and the private sector, and 1994 (title VII of Public Law 103–359; 50 U.S.C. (C) carry out such other duties as the Execu- to coordinate the dissemination to the public of 402a), as amended by section 811(b)(5)(B) of this tive may specify. warnings on intelligence threats to the United Act, is further amended— (e) FUNCTIONS.—Subject to the direction and States. (1) by striking subsection (b); control of the National Counterintelligence Ex- (2) by redesignating subsection (c) as sub- (C) RESEARCH AND DEVELOPMENT.—To ensure ecutive, the functions of the Office of the Na- that research and development programs and section (e); and tional Counterintelligence Executive shall be as (3) by inserting after subsection (a) the fol- activities of the United States Government, and follows: the private sector, direct attention to the needs lowing new subsection (b): (1) NATIONAL THREAT IDENTIFICATION AND of the counterintelligence community for tech- ‘‘(b) CHAIRPERSON.—The National Counter- PRIORITIZATION ASSESSMENT.—Subject to sub- nologies, products, and services. intelligence Executive under section 902 of the section (f), in consultation with appropriate de- Counterintelligence Enhancement Act of 2002 partment and agencies of the United States Gov- (D) TRAINING AND PROFESSIONAL DEVELOP- shall serve as the chairperson of the Board.’’. ernment, and private sector entities, to produce MENT.—To develop policies and standards for (b) MEMBERSHIP.—That section is further on an annual basis a strategic planning assess- training and professional development of indi- amended by inserting after subsection (b), as ment of the counterintelligence requirements of viduals engaged in counterintelligence activities amended by subsection (a)(3) of this section, the the United States to be known as the National and to manage the conduct of joint training ex- following new subsection (c): Threat Identification and Prioritization Assess- ercises for such personnel. ‘‘(c) MEMBERSHIP.—The membership of the ment. (f) ADDITIONAL REQUIREMENTS REGARDING National Counterintelligence Policy Board shall (2) NATIONAL COUNTERINTELLIGENCE STRAT- NATIONAL THREAT IDENTIFICATION AND consist of the following: EGY.—Subject to subsection (f), in consultation PRIORITIZATION ASSESSMENT AND NATIONAL ‘‘(1) The National Counterintelligence Execu- with appropriate department and agencies of COUNTERINTELLIGENCE STRATEGY.—(1) A Na- tive. the United States Government, and private sec- tional Threat Identification and Prioritization ‘‘(2) Senior personnel of departments and ele- tor entities, and based on the most current Na- Assessment under subsection (e)(1), and any ments of the United States Government, ap- tional Threat Identification and Prioritization modification of such assessment, shall not go pointed by the head of the department or ele- Assessment under paragraph (1), to produce on into effect until approved by the President. ment concerned, as follows: an annual basis a strategy for the counterintel- (2) A National Counterintelligence Strategy ‘‘(A) The Department of Justice, including the ligence programs and activities of the United under subsection (e)(2), and any modification of Federal Bureau of Investigation. States Government to be known as the National such strategy, shall not go into effect until ap- ‘‘(B) The Department of Defense, including Counterintelligence Strategy. proved by the President. the Joint Chiefs of Staff. (3) IMPLEMENTATION OF NATIONAL COUNTER- (3) The National Counterintelligence Execu- ‘‘(C) The Department of State. INTELLIGENCE STRATEGY.—To evaluate on an on- tive shall submit to the congressional intel- ‘‘(D) The Department of Energy. going basis the implementation of the National ligence committees each National Threat Identi- ‘‘(E) The Central Intelligence Agency. Counterintelligence Strategy and to submit to fication and Prioritization Assessment, or modi- ‘‘(F) Any other department, agency, or ele- the President periodic reports on such evalua- fication thereof, and each National Counter- ment of the United States Government specified tion, including a discussion of any shortfalls in intelligence Strategy, or modification thereof, by the President.’’. the implementation of the Strategy and rec- approved under this section. (c) FUNCTIONS AND DISCHARGE OF FUNC- ommendations for remedies for such shortfalls. TIONS.—That section is further amended by in- (4) NATIONAL COUNTERINTELLIGENCE STRA- (4) In this subsection, the term ‘‘congressional serting after subsection (c), as amended by sub- TEGIC ANALYSES.—As directed by the Director of intelligence committees’’ means— section (b) of this section, the following new Central Intelligence and in consultation with (A) the Select Committee on Intelligence of the subsection: appropriate elements of the departments and Senate; and ‘‘(d) FUNCTIONS AND DISCHARGE OF FUNC- agencies of the United States Government, to (B) the Permanent Select Committee on Intel- TIONS.—(1) The Board shall— oversee and coordinate the production of stra- ligence of the House of Representatives. ‘‘(A) serve as the principal mechanism for— tegic analyses of counterintelligence matters, in- (g) PERSONNEL.—(1) Personnel of the Office of ‘‘(i) developing policies and procedures for the cluding the production of counterintelligence the National Counterintelligence Executive may approval of the President to govern the conduct damage assessments and assessments of lessons consist of personnel employed by the Office or of counterintelligence activities; and learned from counterintelligence activities. personnel on detail from any other department, ‘‘(ii) upon the direction of the President, re- (5) NATIONAL COUNTERINTELLIGENCE PROGRAM agency, or element of the Federal Government. solving conflicts that arise between elements of BUDGET.—In consultation with the Director of Any such detail may be on a reimbursable or the Government conducting such activities; and Central Intelligence— nonreimbursable basis, at the election of the ‘‘(B) act as an interagency working group (A) to coordinate the development of budgets head of the agency detailing such personnel. to— and resource allocation plans for the counter- ‘‘(i) ensure the discussion and review of mat- intelligence programs and activities of the De- (2) Notwithstanding section 104(d) or any ters relating to the implementation of the Coun- partment of Defense, the Federal Bureau of In- other provision of law limiting the period of the terintelligence Enhancement Act of 2002; and vestigation, the Central Intelligence Agency, detail of personnel on a nonreimbursable basis, ‘‘(ii) provide advice to the National Counter- and other appropriate elements of the United the detail of an officer or employee of United intelligence Executive on priorities in the imple- States Government; States or a member of the Armed Forces under (B) to ensure that the budgets and resource mentation of the National Counterintelligence paragraph (1) on a nonreimbursable basis may allocation plans developed under subparagraph Strategy produced by the Office of the National be for any period in excess of one year that the (A) address the objectives and priorities for Counterintelligence Executive under section National Counterintelligence Executive and the counterintelligence under the National Counter- 904(e)(2) of that Act. head of the department, agency, or element con- intelligence Strategy; and cerned consider appropriate. ‘‘(2) The Board may, for purposes of carrying (C) to submit to the National Security Council (3) The employment of personnel by the Of- out its functions under this section, establish periodic reports on the activities undertaken by fice, including the appointment, compensation such interagency boards and working groups as the Office under subparagraphs (A) and (B). and benefits, management, and separation of the Board considers appropriate.’’. (6) NATIONAL COUNTERINTELLIGENCE COLLEC- such personnel, shall be governed by the provi- SEC. 904. OFFICE OF THE NATIONAL COUNTER- TION AND TARGETING COORDINATION.—To de- INTELLIGENCE EXECUTIVE. velop priorities for counterintelligence investiga- sions of law on such matters with respect to the (a) ESTABLISHMENT.—There shall be an Office tions and operations, and for collection of coun- personnel of the Central Intelligence Agency, of the National Counterintelligence Executive. terintelligence, for purposes of the National except that, for purposes of the applicability of (b) HEAD OF OFFICE.—The National Counter- Counterintelligence Strategy, except that the such provisions of law to personnel of the Of- intelligence Executive shall be the head of the Office may not— fice, the National Counterintelligence Executive Office of the National Counterintelligence Exec- (A) carry out any counterintelligence inves- shall be treated as the head of the Office. utive. tigations or operations; or (4) Positions in the Office shall be excepted (c) LOCATION OF OFFICE.—The Office of the (B) establish its own contacts, or carry out its service positions for purposes of title 5, United National Counterintelligence Executive shall be own activities, with foreign intelligence services. States Code.

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(h) SUPPORT.—(1) The Attorney General, Sec- (3) There is a need to review the full range of (e) APPOINTMENT; INITIAL MEETING.—(1) retary of Defense, and Director of Central Intel- current research and development programs Members of the Commission shall be appointed ligence may each provide the Office of the Na- under the purview of the intelligence commu- not later than 45 days after the date of the en- tional Counterintelligence Executive such sup- nity, evaluate such programs against the sci- actment of this Act. port as may be necessary to permit the Office to entific and technological fields judged to be of (2) The Commission shall hold its initial meet- carry out its functions under this section. most importance, and articulate program and ing on the date that is 60 days after the date of (2) Subject to any terms and conditions speci- resource priorities for future research and devel- the enactment of this Act. fied by the Director of Central Intelligence, the opment activities to ensure a unified and coher- (f) MEETINGS; QUORUM; VACANCIES.—(1) After Director may provide administrative and con- ent research and development program across its initial meeting, the Commission shall meet tract support to the Office as if the Office were the entire intelligence community. upon the call of the co-chairs of the Commis- an element of the Central Intelligence Agency. SEC. 1002. NATIONAL COMMISSION FOR THE RE- sion. (3) Support provided under this subsection VIEW OF THE RESEARCH AND DE- (2) Six members of the Commission shall con- may be provided on a reimbursable or non- VELOPMENT PROGRAMS OF THE stitute a quorum for purposes of conducting reimbursable basis, at the election of the official UNITED STATES INTELLIGENCE business, except that two members of the Com- providing such support. COMMUNITY. mission shall constitute a quorum for purposes (i) AVAILABILITY OF FUNDS FOR REIMBURSE- (a) ESTABLISHMENT.—There is established a of receiving testimony. MENT.—The National Counterintelligence Exec- commission to be known as the ‘‘National Com- (3) Any vacancy in the Commission shall not utive may, from amounts available for the Of- mission for the Review of the Research and De- affect its powers, but shall be filled in the same fice, transfer to a department or agency detail- velopment Programs of the United States Intel- manner in which the original appointment was ing personnel under subsection (g), or providing ligence Community’’ (in this title referred to as made. support under subsection (h), on a reimbursable the ‘‘Commission’’). (4) If vacancies in the Commission occur on basis amounts appropriate to reimburse such de- (b) COMPOSITION.—The Commission shall be any day after 45 days after the date of the en- partment or agency for the detail of such per- composed of 12 members, as follows: actment of this Act, a quorum shall consist of a sonnel or the provision of such support, as the (1) The Deputy Director of Central Intel- majority of the members of the Commission as of case may be. ligence for Community Management. such day. (g) ACTIONS OF COMMISSION.—(1) The Commis- (j) CONTRACTS.—(1) Subject to paragraph (2), (2) A senior intelligence official of the Office sion shall act by resolution agreed to by a ma- the National Counterintelligence Executive may of the Secretary of Defense, as designated by the jority of the members of the Commission voting enter into any contract, lease, cooperative Secretary of Defense. (3) Three members appointed by the majority and present. agreement, or other transaction that the Execu- (2) The Commission may establish panels com- tive considers appropriate to carry out the func- leader of the Senate, in consultation with the Chairman of the Select Committee on Intel- posed of less than the full membership of the tions of the Office of the National Counterintel- Commission for purposes of carrying out the du- ligence Executive under this section. ligence of the Senate, one from Members of the Senate and two from private life. ties of the Commission under this title. The ac- (2) The authority under paragraph (1) to tions of any such panel shall be subject to the enter into contracts, leases, cooperative agree- (4) Two members appointed by the minority leader of the Senate, in consultation with the review and control of the Commission. Any find- ments, and other transactions shall be subject to ings and determinations made by such a panel any terms, conditions, and limitations applica- Vice Chairman of the Select Committee on Intel- ligence of the Senate, one from Members of the shall not be considered the findings and deter- ble to the Central Intelligence Agency under law minations of the Commission unless approved by with respect to similar contracts, leases, cooper- Senate and one from private life. (5) Three members appointed by the Speaker the Commission. ative agreements, and other transactions. (3) Any member, agent, or staff of the Commis- (k) TREATMENT OF ACTIVITIES UNDER CERTAIN of the House of Representatives, in consultation with the Chairman of the Permanent Select sion may, if authorized by the co-chairs of the ADMINISTRATIVE LAWS.—The files of the Office Commission, take any action which the Commis- shall be treated as operational files of the Cen- Committee on Intelligence of the House of Rep- resentatives, one from Members of the House of sion is authorized to take pursuant to this title. tral Intelligence Agency for purposes of section (h) DUTIES.—The duties of the Commission 701 of the National Security Act of 1947 (50 Representatives and two from private life. (6) Two members appointed by the minority shall be— U.S.C. 431) to the extent such files meet criteria (1) to conduct, until not later than the date leader of the House of Representatives, in con- under subsection (b) of that section for treat- on which the Commission submits the report sultation with the ranking member of the Per- ment of files as operational files of an element of under section 1007(a), the review described in manent Select Committee on Intelligence of the the Agency. subsection (i); and (l) OVERSIGHT BY CONGRESS.—The location of House of Representatives, one from Members of (2) to submit to the congressional intelligence the Office of the National Counterintelligence the House of Representatives and one from pri- committees, the Director of Central Intelligence, Executive within the Office of the Director of vate life. and the Secretary of Defense a final report on Central Intelligence shall not be construed as (c) MEMBERSHIP.—(1) The individuals ap- the results of the review. affecting access by Congress, or any committee pointed from private life as members of the Com- (i) REVIEW.—The Commission shall review the of Congress, to— mission shall be individuals who are nationally status of research and development programs (1) any information, document, record, or recognized for expertise, knowledge, or experi- and activities within the intelligence commu- paper in the possession of the Office; or ence in— nity, including— (2) any personnel of the Office. (A) research and development programs; (1) an assessment of the advisability of modi- (m) CONSTRUCTION.—Nothing in this section (B) technology discovery and insertion; fying the scope of research and development for shall be construed as affecting the authority of (C) use of intelligence information by national purposes of such programs and activities; the Director of Central Intelligence, the Sec- policymakers and military leaders; or (2) a review of the particular individual re- retary of Defense, the Secretary of State, the At- (D) the implementation, funding, or oversight search and development activities under such torney General, or the Director of the Federal of the national security policies of the United programs; Bureau of Investigation as provided or specified States. (3) an evaluation of the current allocation of under the National Security Act of 1947 or under (2) An official who appoints members of the resources for research and development, includ- other provisions of law. Commission may not appoint an individual as a ing whether the allocation of such resources for member of the Commission if, in the judgment of that purpose should be modified; TITLE X—NATIONAL COMMISSION FOR RE- the official, such individual possesses any per- (4) an identification of the scientific and tech- VIEW OF RESEARCH AND DEVELOPMENT sonal or financial interest in the discharge of nological fields judged to be of most importance PROGRAMS OF THE UNITED STATES IN- any of the duties of the Commission. to the intelligence community; TELLIGENCE COMMUNITY (3) All members of the Commission appointed (5) an evaluation of the relationship between SEC. 1001. FINDINGS. from private life shall possess an appropriate se- the research and development programs and ac- Congress makes the following findings: curity clearance in accordance with applicable tivities of the intelligence community and the re- (1) Research and development efforts under laws and regulations concerning the handling search and development programs and activities the purview of the intelligence community are of classified information. of other departments and agencies of the Fed- vitally important to the national security of the (d) CO-CHAIRS.—(1) The Commission shall eral Government; and United States. have two co-chairs, selected from among the (6) an evaluation of the relationship between (2) The intelligence community must operate members of the Commission. the research and development programs and ac- in a dynamic, highly-challenging environment, (2) One co-chair of the Commission shall be a tivities of the intelligence community and the re- characterized by rapid technological growth, member of the Democratic Party, and one co- search and development programs and activities against a growing number of hostile, tech- chair shall be a member of the Republican of the private sector. nically-sophisticated threats. Research and de- Party. SEC. 1003. POWERS OF COMMISSION. velopment programs under the purview of the (3) The individuals who serve as the co-chairs (a) IN GENERAL.—(1) The Commission or, on intelligence community are critical to ensuring of the Commission shall be jointly agreed upon the authorization of the Commission, any sub- that intelligence agencies, and their personnel, by the President, the majority leader of the Sen- committee or member thereof, may, for the pur- are provided with important technological capa- ate, the minority leader of the Senate, the pose of carrying out the provisions of this title— bilities to detect, characterize, assess, and ulti- Speaker of the House of Representatives, and (A) hold such hearings and sit and act at such mately counter the full range of threats to the the minority leader of the House of Representa- times and places, take such testimony, receive national security of the United States. tives. such evidence, and administer such oaths; and

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(B) require, by subpoena or otherwise, the at- Code, governing appointments in the competitive (b) TERMINATION.—(1) The Commission, and tendance and testimony of such witnesses and service, and without regard to the provisions of all the authorities of this title, shall terminate the production of such books, records, cor- chapter 51 and subchapter III of chapter 53 of at the end of the 120-day period beginning on respondence, memoranda, papers, and docu- such title relating to classification and General the date on which the final report under sub- ments, as the Commission or such designated Schedule pay rates, except that no rate of pay section (a) is transmitted to the congressional subcommittee or designated member considers fixed under this subsection may exceed the intelligence committees. necessary. equivalent of that payable to a person occu- (2) The Commission may use the 120-day pe- (2) Subpoenas may be issued under subpara- pying a position at level V of the Executive riod referred to in paragraph (1) for the pur- graph (1)(B) under the signature of the co- Schedule under section 5316 of such title. poses of concluding its activities, including pro- chairs of the Commission, and may be served by (2) Any Federal Government employee may be viding testimony to Congress concerning the any person designated by such co-chairs. detailed to the Commission without reimburse- final report referred to in that paragraph and (3) The provisions of sections 102 through 104 ment from the Commission, and such detailee disseminating the report. of the Revised Statutes of the United States (2 shall retain the rights, status, and privileges of SEC. 1008. ASSESSMENTS OF FINAL REPORT. U.S.C. 192–194) shall apply in the case of any his or her regular employment without interrup- Not later than 60 days after receipt of the failure of a witness to comply with any sub- tion. final report under section 1007(a), the Director poena or to testify when summoned under au- (3) All staff of the Commission shall possess a of Central Intelligence and the Secretary of De- thority of this section. security clearance in accordance with applicable fense shall each submit to the congressional in- (b) CONTRACTING.—The Commission may, to laws and regulations concerning the handling telligence committees an assessment by the Di- such extent and in such amounts as are proof classified information. rector or the Secretary, as the case may be, of (b) CONSULTANT SERVICES.—(1) The Commis- vided in advance in appropriation Acts, enter the final report. Each assessment shall include sion may procure the services of experts and into contracts to enable the Commission to dis- such comments on the findings and rec- consultants in accordance with section 3109 of charge its duties under this title. ommendations contained in the final report as title 5, United States Code, but at rates not to (c) INFORMATION FROM FEDERAL AGENCIES.— the Director or Secretary, as the case may be, exceed the daily rate paid a person occupying a The Commission may secure directly from any considers appropriate. position at level IV of the Executive Schedule executive department, agency, bureau, board, SEC. 1009. INAPPLICABILITY OF CERTAIN ADMIN- commission, office, independent establishment, under section 5315 of such title. (2) All experts and consultants employed by ISTRATIVE PROVISIONS. or instrumentality of the Government informa- (a) FEDERAL ADVISORY COMMITTEE ACT.—The tion, suggestions, estimates, and statistics for the Commission shall possess a security clearance in accordance with applicable laws and provisions of the Federal Advisory Committee the purposes of this title. Each such department, Act (5 U.S.C. App.) shall not apply to the activi- agency, bureau, board, commission, office, es- regulations concerning the handling of classified information. ties of the Commission under this title. tablishment, or instrumentality shall, to the ex- (b) FREEDOM OF INFORMATION ACT.—The pro- SEC. 1005. COMPENSATION AND TRAVEL EX- tent authorized by law, furnish such informa- visions of section 552 of title 5, United States tion, suggestions, estimates, and statistics di- PENSES. (a) COMPENSATION.—(1) Except as provided in Code (commonly referred to as the Freedom of rectly to the Commission, upon request of the Information Act), shall not apply to the activi- co-chairs of the Commission. The Commission paragraph (2), each member of the Commission may be compensated at not to exceed the daily ties, records, and proceedings of the Commission shall handle and protect all classified informa- under this title. tion provided to it under this section in accord- equivalent of the annual rate of basic pay in ef- SEC. 1010. FUNDING. ance with applicable statutes and regulations. fect for a position at level IV of the Executive Schedule under section 5315 of title 5, United (a) TRANSFER FROM THE COMMUNITY MANAGE- (d) ASSISTANCE FROM FEDERAL AGENCIES.—(1) MENT ACCOUNT.—Of the amounts authorized to The Director of Central Intelligence shall pro- States Code, for each day during which that be appropriated by this Act for the Intelligence vide to the Commission, on a nonreimbursable member is engaged in the actual performance of Technology Innovation Center of the Commu- basis, such administrative services, funds, staff, the duties of the Commission under this title. (2) Members of the Commission who are offi- nity Management Account, the Deputy Director facilities, and other support services as are nec- cers or employees of the United States or Mem- of Central Intelligence for Community Manage- essary for the performance of the Commission’s bers of Congress shall receive no additional pay ment shall transfer to the Director of Central duties under this title. by reason of their service on the Commission. Intelligence $2,000,000 for purposes of the activi- (2) The Secretary of Defense may provide the (b) TRAVEL EXPENSES.—While away from their ties of the Commission under this title. Commission, on a nonreimbursable basis, with homes or regular places of business in the per- (b) AVAILABILITY IN GENERAL.—The Director such administrative services, staff, and other formance of services for the Commission, mem- of Central Intelligence shall make available to support services as the Commission may request. bers of the Commission may be allowed travel the Commission, from the amount transferred to (3) In addition to the assistance set forth in expenses, including per diem in lieu of subsist- the Director under subsection (a), such amounts paragraphs (1) and (2), other departments and ence, in the same manner as persons employed as the Commission may require for purposes of agencies of the United States may provide the intermittently in the Government service are al- the activities of the Commission under this title. Commission such services, funds, facilities, staff, lowed expenses under section 5703 of title 5, (c) DURATION OF AVAILABILITY.—Amounts and other support as such departments and United States Code. made available to the Commission under sub- agencies consider advisable and as may be au- SEC. 1006. TREATMENT OF INFORMATION RELAT- section (b) shall remain available until ex- thorized by law. ING TO NATIONAL SECURITY. pended. (4) The Commission shall receive the full and (a) IN GENERAL.—(1) The Director of Central timely cooperation of any official, department, SEC. 1011. DEFINITIONS. Intelligence shall assume responsibility for the In this title: or agency of the United States Government handling and disposition of any information re- (1) CONGRESSIONAL INTELLIGENCE COMMIT- whose assistance is necessary for the fulfillment lated to the national security of the United TEES.—The term ‘‘congressional intelligence of the duties of the Commission under this title, States that is received, considered, or used by including the provision of full and current brief- committees’’ means— the Commission under this title. (A) the Select Committee on Intelligence of the ings and analyses. (2) Any information related to the national se- Senate; and (e) PROHIBITION ON WITHHOLDING INFORMA- curity of the United States that is provided to (B) the Permanent Select Committee on Intel- TION.—No department or agency of the Govern- the Commission by a congressional intelligence ligence of the House of Representatives. ment may withhold information from the Com- committee may not be further provided or re- (2) INTELLIGENCE COMMUNITY.—The term mission on the grounds that providing the infor- leased without the approval of the chairman of ‘‘intelligence community’’ has the meaning mation to the Commission would constitute the such committee. given that term in section 3(4) of the National unauthorized disclosure of classified informa- (b) ACCESS AFTER TERMINATION OF COMMIS- Security Act of 1947 (50 U.S.C. 401a(4)). tion or information relating to intelligence SION.—Notwithstanding any other provision of sources or methods. law, after the termination of the Commission And the Senate agree to the same. (f) POSTAL SERVICES.—The Commission may under section 1007, only the Members and des- From the Permanent Select Committee on use the United States mails in the same manner ignated staff of the congressional intelligence Intelligence, for consideration of the House and under the same conditions as the depart- committees, the Director of Central Intelligence bill and the Senate amendment, and modi- ments and agencies of the United States. (and the designees of the Director), and such fications committed to conference: (g) GIFTS.—The Commission may accept, use, other officials of the executive branch as the PORTER J. GOSS, and dispose of gifts or donations of services or President may designate shall have access to in- DOUG BEREUTER, property in carrying out its duties under this formation related to the national security of the MICHAEL N. CASTLE, title. United States that is received, considered, or SHERWOOD BOEHLERT, SEC. 1004. STAFF OF COMMISSION. used by the Commission. JIM GIBBONS, (a) IN GENERAL.—(1) The co-chairs of the SEC. 1007. FINAL REPORT; TERMINATION. RANDY ‘‘DUKE’’ Commission, in accordance with rules agreed (a) FINAL REPORT.—Not later than September CUNNINGHAM, upon by the Commission, shall appoint and fix 1, 2003, the Commission shall submit to the con- PETE HOEKSTRA, the compensation of a staff director and such gressional intelligence committees, the Director RICHARD BURR, other personnel as may be necessary to enable of Central Intelligence, and the Secretary of De- SAXBY CHAMBLISS, the Commission to carry out its duties, without fense a final report as required by section TERRY EVERETT, regard to the provisions of title 5, United States 1002(h)(2). NANCY PELOSI,

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SANFORD D. BISHOP, Jr., ate a culture that hindered data collection may have specific merit, the real measure of JANE HARMAN, (especially human intelligence collection), merit is in what the overall collective mix TIM ROEMER, data sharing, and collaborative analysis. brings to bear against the range of threats to SILVESTRE REYES, In this budget, the conferees seek to high- U.S. national security. Moreover, the ability LEONARD L. BOSWELL, light four priority areas that must received to fund all legacy, developmental, and de- COLLIN C. PETERSON, significant, sustained attention beginning sired systems has a finite limit. Therefore, From the Committee on Armed Services, for immediately if intelligence is to fulfill its there is a critical need to review each pro- consideration of defense tactical intelligence role in our national security strategy. Those gram in the context of the others, so that and related activities: are: (1) improving information sharing and viable trades can be made based on sub- ROBERT STUMP, all-source analysis; (2) improving IC profes- stance, and long-term funding of healthy DUNCAN HUNTER, sional training with a major emphasis on de- programs can be provided. Managers on the Part of the House. veloping language skills; (3) ensuring na- Finally, the conferees have focused their tional imagery collection program viability attention for a number of years on a number BOB GRAHAM, and effectiveness; and (4) correcting endur- of enduring IC challenges. Once again, the JAY ROCKEFELLER, ing systemic problems, deficiencies in Conferees have addressed in this bill such DIANNE FEINSTEIN, human intelligence, and rebuilding a robust issues as the need to improve NSA acquisi- RON WYDEN, research and development program. tion efforts, the need to improve the depth DICK DURBIN, The conferees’ top priority last year was and breadth of HUMINT, and improving re- JOHN EDWARDS, the revitalization of the NSA. Although this search and development (R&D). With respect RICHARD SHELBY, continues to be one of the conferees’ priority to the NSA, the conferees are pleased with JON KYL, concerns, the focus this year must be on in- the Director’s attempts to baseline current MIKE DEWINE, formation sharing and cross-community capabilities so that future needs can be prop- FRED THOMPSON, analysis. The conferees note that the indi- erly identified and resulting acquisition de- DICK LUGAR, vidual intelligence agencies and, moreover, cisions made. The conferees have provided Managers on the Part of the Senate. their extremely talented and dedicated peo- incentives to complete these later two ef- JOINT EXPLANATORY STATEMENT OF ple, labor continuously to provide the abso- forts. In terms of improving HUMINT, the THE COMMITTEE OF CONFERENCE lute best intelligence products possible in de- conferees have focused on improving train- The managers on the part of the House and fense of the nation. These efforts are, how- ing, providing technical resources to oper- the Senate at the conference on the dis- ever, generally conducted in isolation from ations, and properly funding analytic efforts. agreeing votes of the two Houses on the one another, and, most disturbingly, existing All of these capabilities are supported by rules and procedures often restrict informa- amendment of the Senate to the bill (H.R. R&D efforts. Therefore, the conferees have tion from the community’s depth and 4628), to authorize appropriations for fiscal supported the administration’s increases to breadth of analytic talent. Therefore, those year 2003 for intelligence and intelligence-re- agencies’ basic R&D programs. The conferees individual efforts can usually only piece to- lated activities of the United States Govern- note that this funding support is based on gether fragments of the overall intelligence ment, the Community Management Account, the perspective that the IC must continue to puzzle. What is critical in the post-9/11 era is and the Central Intelligence Agency Retire- renew itself of the ever-changing world. The having a community that is, to the max- ment and Disability System, and for other new perspective on national security is that imum extent possible, devoid of information purposes, submit the following joint state- intelligence is the first line of defense sharing restrictions and one that fosters a ment to the House and the Senate in expla- against an illusive and unstructured threat greater culture focused on collaborative nation of the effect of the action agreed upon that uses asymmetric means to harm Amer- analysis. The conferees have included de- by the managers and recommended in the ac- ica. It is from that perspective that the con- tailed language on the need for the IC to companying conference report: ferees have made the decision contained The Senate amendment struck all of the breakdown information sharing barriers and herein. House bill after the enacting clause and in- the need to cease the practice of allowing TITLE I—INTELLIGENCE ACTIVITIES serted a substitute text. agencies to routinely restrict ‘‘their data’’ Sec. 101. Authorization of appropriations from other agencies, including law enforce- The House recedes from its disagreement Section 101 of the conference report lists to the amendment of the Senate with an ment. In order to maximize the IC’s analytic ef- the departments, agencies, and other ele- amendment that is a substitute for the fectiveness and output further, we must en- ments of the United States Government for House bill and the Senate amendment. The sure that the dedicated professionals of the whose intelligence and intelligence-related differences between the House bill, the Sen- IC are properly trained and provided the activities the Act authorizes appropriations ate amendment, and the substitute agreed to for fiscal year 2003. skills necessary for the tasks that are rein conference are noted below, except for quired to fight the global war on terrorism Sec. 102. Classified schedule of authorizations clerical corrections, conforming changes and other emerging threats. For a number of Section 102 of the conference report makes made necessary by agreements reached by years, the House and Senate Intelligence clear that the details of the amounts author- the conferees, and minor drafting and clari- Committees, separately and jointly, have ized to be appropriated for intelligence and fying changes. stated specific concerns about the dearth of intelligence-related activities and applicable THE NATION’S INTELLIGENCE CAPABILITIES—A language skills throughout the IC. The lack personnel ceilings covered under this title NEW PERSPECTIVE of depth in the so-called ‘low density’ lan- for fiscal year 2003 are contained in a classi- The conferees note that, in the wake of the guages was acutely experienced during oper- fied Schedule of Authorizations. The classi- September 11, 2001 terrorist attacks, the fis- ations in Afghanistan. The conferees believe fied Schedule of Authorizations is incor- cal year 2003 budget submitted by the Presi- this is unacceptable and have put a great porated into the Act by this section. The dent includes the most substantial increase deal of emphasis in training efforts, particu- Schedule of Authorizations shall be made for programs funded in the National Foreign larly on foreign language training. available to the Committees on Appropria- Intelligence Program in history. This au- With respect to the nation’s imagery archi- tions of the Senate and House of Representa- thorization bill supports that investment by tecture, the conferees are very concerned tives and to the President. The classified focusing on authorizations that enhance pro- about the viability and effectiveness of a fu- annex provides details of the Schedule. Sec- grams and information sharing across the ture overhead architecture, given the appar- tion 102 is identical to section 102 of the various Intelligence Community (IC) agen- ent lack of a comprehensive architectural House bill. cies. Further, the President’s funding in- plan for the overhead system of systems, spe- Sec. 103. Personnel Ceiling Adjustments crease appears to respond to congressional cifically in the area of imagery. For exam- Section 103 of the conference report au- exhortations to develop a long-term funding ple, the conferees believe the administration thorizes the Director of Central Intelligence, program to correct serious IC deficiencies is facing a major challenge in addressing with the approval of the Director of the Of- that have developed over the past decade. technical and funding problems with the Fu- fice of Management and Budget, in fiscal The conferees recognize that these defi- ture Imagery Architecture (FIA) program year 2003 to authorize employment of civil- ciencies existed prior to September 11 and, that could force untenable trades between ian personnel in excess of the personnel ceil- indeed, the intelligence committees have critical future capabilities and legacy sys- ings applicable to the components of the In- been consistently highlighting these short- tems. In this conference report, the conferees telligence Community under section 102 by falls for the past eight years. Put simply, al- have addressed the known FIA problems as an amount not to exceed two percent of the though the end of the Cold War warranted a well as the need to develop imagery alter- total of the ceilings applicable under section reordering of national priorities, the steady natives if developmental problems exist or 102. The Director of Central Intelligence may decline in intelligence funding since the mid- persist. The conferees note, however, a con- exercise this authority only if necessary to 1990s left the nation with a diminished abil- tinuing pattern by which many individual the performance of important intelligence ity to address emerging threats—such as programs have been justified and provided functions. Any exercise of this authority global terrorism—and the technical chal- resources with little or no regard to the en- must be reported to the intelligence commit- lenges of the 21st Century. Further, the IC’s tire set of IC collection capabilities, includ- tees of the Congress. lack of a corporate approach to addressing ing space-based and airborne. The conferees The managers emphasize that the author- enduring intelligence problems helped to cre- believe that, although individual systems ity conferred by section 103 is not intended

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.075 H14PT1 H8782 CONGRESSIONAL RECORD — HOUSE November 14, 2002 to permit wholesale increase in personnel Sec. 108. Incorporation of reporting require- Sec. 325. Report on establishment of a civilian strength in any intelligence component. ments linguist reserve corps Rather, the section provides the Director of Section 108 is similar to Section 105 of the Section 325 is identical 311 of the House Central Intelligence with flexibility top ad- Senate amendment. The House bill had no bill. The Senate amendment had no similar just personnel levels temporarily for contin- similar provision. Section 107 incorporates provision. The Senate recedes. gencies and for overages caused by an imbal- into the Act each requirement to submit a ance between hiring new employees and at- report contained in the joint explanatory Subtitle D—Education trition of current employees. The managers statement to accompany the conference re- Sec. 331. Scholarships and work study for pur- do not expect the Director of Central Intel- port or in the classified annex to the Act. suit of graduate degrees in science and tech- ligence to allow heads of intelligence compo- Sec. 109. Preparation and submittal of reports, nology nents to plan to exceed levels set in the reviews, studies, and plans relating to intel- Schedule of Authorizations except for the Section 331 is identical to Section 310 of ligence activities of Department of Defense the Senate amendment. The House bill had satisfaction of clearly identified hiring needs or Department of Energy that are consistent with the authorization of no similar provision. The House recedes. Section 109 is identical to Section 106 of personnel strengths in this bill. In no case is Sec. 332. Cooperative relationship between the this authority to be used to provide for posi- the Senate amendment. The House bill had no similar provision. The House recedes. national security education program and tions denied by this bill. Section 103 is iden- the foreign language center of the defense tical to section 103 of the House bill and sec- TITLE II—CENTRAL INTELLIGENCE language institute tion 103 of the Senate amendment. AGENCY RETIREMENT AND DIS- ABILITY SYSTEM Section 332 is identical to Section 308 of Sec. 104. Intelligence Community Management Sec. 201. Authorization of appropriations the House bill. The Senate amendment had Account no similar provision. The Senate recedes. Section 104 of the conference report au- Section 201 authorizes appropriations of Sec. 333. Establishment of a national flagship thorizes appropriations for the Intelligence $225,500,000 for the Central Intelligence Agen- language initiative within the National Se- Community Management Account (CMA) of cy Retirement and Disability Fund. curity Education Program the Director of Central Intelligence (DCI) TITLE III—GENERAL PROVISIONS and sets the personnel end-strength for the Subtitle A—Intelligence Community Section 333 includes Section 309 of the Intelligence Community management staff Sec. 301. Increase in employee compensation and House bill. Section 309 of the Senate amend- for fiscal year 2003. benefits authorized by law ment also created a national foreign language initiative. The Senate recedes. Subsection (a) authorizes appropriations of Section 301 is identical to Section 301 of $158,254,000 for fiscal year 2003 for the activi- the Senate amendment and Section 301 of Sec. 334. Report on the National Security Edu- ties of the CMA of the DCI. the House bill. cation Program Subsection (b) authorizes 322 full-time personnel for the Intelligence Community Man- Sec. 302. Restriction of conduct of intelligence Section 334 is similar to the reporting re- agement Staff for fiscal year 2003 and pro- activities quirement of Section 309 of the Senate vides that such personnel may be permanent Section 302 is identical to Section 302 of amendment. Section 334 requires the Sec- employees of the Staff or detailed from var- the Senate amendment and Section 302 of retary of Defense to submit a report in 180 ious elements of the United States govern- the House bill. days after enactment of the program of ment. Sec. 303. Sense of Congress on Intelligence Com- scholarship, fellowships, and grants under Subsection (c) authorizes additional appro- munity contracting the David L. Boren National Security Edu- cation Act of 1991, including an assessment priations and personnel for the CMA as spec- Section 303 is identical to Section 303 of of the effectiveness of the program in meet- ified in the classified Schedule of Authoriza- the Senate amendment. The House bill had ing its goals and its administrative costs, tions and permits these additional amounts no similar provision. The Senate recedes. to remain available through September 30, and the advisability of converting funding of Subtitle B—Intelligence 2004. the program from funding through the Na- Subsection (d) requires that, except as pro- Sec. 311. Specificity of National Foreign Intel- tional Security Education Trust Fund to vided in Section 113 of the National Security ligence Program budget amounts for funding through appropriations. counterterrorism, counterproliferation, Act of 1947, personnel from another element Subtitle E—Terrorism of the United States Government be detailed counternarcotices, and counterintelligence Sec. 341. Foreign Terrorist Asset Tracking Cen- to an element of the CMA on a reimbursable Section 311 is identical to section 304 of the ter basis, or for temporary situations of less Senate amendment. The House bill had no than one year on a non-reimbursable basis. similar provision. The House recedes. Section 341 is identical to Section 312 of Subsection (e) authorizes $34,100,000 of the Sec. 312. Prohibition on compliance with request the Senate amendment. The House bill had amount authorized in subsection (a) to be for information submitted by foreign govern- no similar provision. The House recedes. made available for the National Drug Intel- ments Sec. 342. Semiannual Report on Financial Intel- ligence Center (NDIC). Subsection (e) re- Section 312 is identical to Section 307 of ligence on Terrorist Assets (FITA) quires to DCI to transfer these funds to the the House bill. The Senate amendment had Section 342 is identical to Section 304 of Department of Justice to be used for NDIC no similar provision. The Senate recedes. activities under the authority of the Attor- the House bill. The Senate amendment had Sec. 313. National Virtual Translation Center ney General and subject to section 103(d)(1) no similar provision. The Senate recedes. Section 313 is identical to Section 311 of of the National Security Act. Subsection (e) Sec. 343. Terrorist Identification Classification the Senate amendment. The House bill had is similar to subsection (e) of the House bill. System no similar provision. The House recedes. Sec. 105. Authorization of emergency supple- Subtitle C—Personnel Section 343 is identical to Section 313 of mental appropriations for fiscal year 2002 the Senate amendment. The House bill had Sec. 321. Standards and qualifications for the Section 105 is identical to Section 105 of no similar provision. The House recedes. the House bill. The Senate amendment had performance of intelligence activities Subtitle F—Other Matters no similar provision. The Senate recedes. Section 321 is similar to Section 308 of the Senate amendment. The House bill had no Sec. 106. Additional authorizations of appro- Sec. 351. Additional one-year suspension of reor- similar provisions. The House recedes. priations for intelligence for the war on ter- ganization of Diplomatic Telecommuni- rorism Sec. 322. Modification of accepted agency vol- cations Service Program Office untary leave transfer authority Section 106 is identical to Section 106 of Section 351 is identical to Section 306 of the House bill. The Senate amendment had Section 322 is similar of Section 305 of the the House bill and similar to Section 316 of no similar provision. The Senate recedes. House bill. The Senate amendment had no the Senate amendment. The Senate recedes. similar provision. The Senate recedes. Sec. 107. Specific authorization of funds for in- Sec. 352. Standardized transliteration of names telligence or intelligence-related activities Sec. 323. Sense of Congress on diversity in the into the roman alphabet for which fiscal year 2003 appropriations ex- workforce of intelligence community agencies Section 352 is similar to Section 307 of the ceed amounts authorized Senate amendment. The House bill had no Section 107 authorizes, solely for the pur- Section 323 is identical of Section 312 of the House bill. The Senate amendment had similar provision. The House recedes with poses of reprogramming under Section modifications. 504(a)(3) of the National Security Act of 1947 no similar provision. The Senate recedes. (50 U.S.C. 414(a)(3)) those funds appropriated Sec. 324. Annual report on hiring and retention Sec. 353. Definition of congressional intelligence for an intelligence or intelligence-related ac- of minority employees in the intelligence committees in National Security Act of 1947 tivity in fiscal year 2003 in excess of the community Section 353 is similar to Section 303 of the amount specified for such activity in the Section 324 is identical to Section 313 of Senate amendment. The House bill had no classified Schedule of Authorizations to ac- the House bill. The Senate amendment had similar provision. The House recedes with company this conference report. no similar provision. The Senate recedes. modifications.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.079 H14PT1 November 14, 2002 CONGRESSIONAL RECORD — HOUSE H8783 TITLE IV—CENTRAL INTELLIGENCE bility to prepare or coordinate and submit to additional Intelligence Community reporting AGENCY Congress, which, as of the date of enactment, requirements. The House bill had no similar Sec. 401. Two-year extension of Central Intel- have not been submitted to Congress if man- provision. The House recedes with modifica- ligence Agency Voluntary Separation Pay dated to be submitted prior to the date of en- tions. Act actment. The fence will not be imposed if the TITLE IX—COUNTERINTELLIGENCE DCI certifies in writing to the intelligence Section 401 is identical to Section 401 of ACTIVITIES committees that all overdue reports speci- the House bill and Section 315 of the Senate Sec. 901. Short title; purpose fied in Section 801 are completed. The Senate amendment. amendment had no similar provision. The Section 901 is identical to Section 501 of Sec. 402. Implementation of compensation reform Senate recedes. the Senate amendment. The House bill had plan no similar provision. The House recedes. Subtitle B—Submittal of Reports to Section 402 is similar to Section 402 of the Intelligence Committees Sec. 902. National counterintelligence executive House bill. The Senate amendment had no Section 902 is identical to Section 502 of similar provision. Section 402 delays imple- Sec. 811. Dates for submittal of various annual and semi-annual reports to the congres- the Senate amendment. The House bill had mentation of the Central Intelligence Agen- no similar provision. The House recedes. cy’s proposed compensation reform plan sional intelligence committees until February 1, 2004 or the submission of a Section 811 is similar to Section 401 of the Sec. 903. National Counterintelligence Policy report on a compensation pilot project, Senate amendment. The House bill had no Board whichever is later. The Director of Central similar provision. The House recedes with Section 903 is identical to Section 503 of Intelligence shall conduct the pilot project modifications. the Senate amendment. The House bill had to assess the efficacy and fairness of a re- Subtitle C—Recurring Annual Reports no similar provision. The House recedes. vised personnel compensation plan, and re- Sec. 821. Annual report on threat of attack on Sec. 904. Office of the National Counterintel- port to the congressional intelligence com- the United States using weapons of mass de- ligence Executive mittees 45 days after completion of the pilot struction Section 904 is similar to Section 504 of the project. Section 402 includes a sense of the Section 821 is identical to Section 412 of Senate amendment. The House bill had no Congress that an employee personnel evalua- the Senate amendment. The House bill had similar provision. The conferees agree to tion mechanism with evaluation training for no similar provision. The House recedes. place the Office of the National Counter- managers and employees of the CIA and the intelligence Executive within the Office of National Security Agency should be phased Sec. 822. Annual report on convert leases the Director of Central Intelligence. Further, in first, and then followed by the introduc- Section 822 is identical to Section 413 of the provision makes clear that nothing in tion of a new compensation plans. the Senate amendment. The House bill had this section shall be construed as affecting no similar provision. The House recedes. TITLE V—DEPARTMENT OF DEFENSE the authority of the Director of Central In- INTELLIGENCE ACTIVITIES Sec. 823. Annual report on improvement of fi- telligence, the Secretary of Defense, the Sec- Sec. 501. Use of funds for counterdrug and nancial statements of certain elements of retary of State, the Attorney General, or the counterterrorism activities for Colombia the Intelligence Community for auditing Director of the FBI as provided or specified Section 501 is similar to Section 501 of the purposes under the National Security Act of 1947 or House bill. The Senate amendment had no Section 823 is identical to Section 414 of under other provisions of law. The House re- similar provision. The Senate recedes. the Senate amendment. The House bill had cedes with modifications. Sec. 502. Protection of operational files of the no similar provision. The House recedes. TITLE X—NATIONAL COMMISSION FOR National Reconnaissance Office Sec. 824. Annual report on activities of Federal REVIEW OF RESEARCH AND DEVELOP- Section 502 is identical to Section 502 of Bureau of Investigation personnel outside MENT PROGRAMS OF THE UNITED the House bill. The Senate amendment had the United States STATES INTELLIGENCE COMMUNITY no similar provision. The Senate recedes. Section 824 is identical to Section 415 of Sec. 1001. Findings Sec. 502. Eligibility of employees in intelligence the Senate amendment. The House bill had Section 1001 is identical to Section 601 of senior level positions for Presidential rank no similar provision. The House recedes. the Senate amendment. The House bill had awards. Sec. 825. Annual reports of Inspectors General no similar provision. The House recedes. Section 503 is identical to Section 503 of of the Intelligence Community on proposed Sec. 1002. National Commission for review of re- the House bill. The Senate amendment had resources and activities of their offices search and development programs of the no similar provision. The Senate recedes. Section 825 is identical to Section 416 of United States Intelligence Community TITLE VI—NATIONAL COMMISSION ON the Senate amendment. The House bill had Section 1002 is identical to Section 602 of TERRORIST ATTACKS no similar provision. The House recedes. the Senate amendment. The House bill had Title VI is substantially similar to Title VI Sec. 826. Annual report on counterdrug intel- no similar provision. The House recedes. of the House bill as well as language found in ligence matters Sec. 1003. Powers of Commission Senate amendment 4694 to H.R. 5005, a bill to Section 826 is identical to Section 417 of Section 1003 is identical to Section 603 of establish the Department of Homeland Secu- the Senate amendment. The House bill had the Senate amendment. The House bill had rity no similar provision. The House recedes. no similar provision. The House recedes. TITLE VII—INFORMATION SHARING Sec. 827. Annual report on foreign companies in- Sec. 1004. Staff of Commission volved in the proliferation of weapons of Title VII is similar to Title VII of the Section 1004 is identical to Section 604 of House bill and H.R. 4598, the Homeland Secu- mass destruction that raise funds in the United States capital markets the Senate amendment. The House bill had rity Information Sharing Act, which passed no similar provision. The House recedes. the House on June 26, 2002 in a 422–2 vote. Section 827 is identical to Section 314 of Title VII is also similar to sections 891–894 of the Senate amendment. The House bill had Sec. 1005. Compensation and travel expenses H.R. 5710, establishing the Department of no similar provision. The House recedes. Section 1005 is identical to Section 605 of Homeland Security, which passed the House Subtitle D—Other Reports the Senate amendment. The House bill had no similar provision. The House recedes. on November 13, 2002. Section 706 has been Sec. 831. Report on effect of country-release re- add by the conferees to coordinate the dif- strictions on allied intelligence-sharing rela- Sec. 1006. Treatment of information relating to ferent versions of the Homeland Information tionships national security Sharing Act, which are found in this bill and Section 1006 is identical to Section 606 of in H.R. 5710. Section 831 is identical to Section 431 of the Senate amendment. The House bill had the Senate amendment. The House bill has The Senate amendment had no similar pro- no similar provision. The House recedes. vision. The Senate recedes. no similar provision. The House recedes. Sec. 1007. Final report; termination TITLE VIII—REPORTING REQUIREMENTS Sec. 832. Evaluation of policies and procedures of Department of State on protection of clas- Section 1007 is identical to Section 607 of Subtitle A—Overdue Reports sified information at department head- the Senate amendment. The House bill has Sec. 801. Deadline for submittal of various over- quarters no similar provision. The House recedes. due reports Section 832 is identical to Section 432 of Sec. 1008. Assessments of final report Section Section 801 is similar to Section the Senate amendment. The House bill had Section 1008 is identical to Section 608 of 310 of the House bill. Section 801 reduces by no similar provision. The House recedes. the Senate amendment. The House bill has one-third the amounts available to be obli- Subtitle E—Repeal of Certain Report no similar provision. The House recedes. gated or expended by the Office of the Direc- Requirements tor of Central Intelligence if certain reports Sec. 1009. Inapplicability of certain administra- are not submitted to the Congress 180 days Sec. 841. Repeal of certain report requirements tive provisions after enactment. The reports referred to in Section 841 is substantially similar to Sec- Section 1009 is identical to Section 609 of this section are reports mandated by law for tion 441 of the Senate amendment, although the Senate amendment. The House bill has which the DCI has sole or primary responsi- the conferees have agreed to repeal certain no similar provision. The House recedes.

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Sec. 1010. Funding communications intercepted under Title III TIM ROEMER, Section 1010 is identical to Section 610 of domestic wiretap provisions, and other sen- SILVESTRE, REYES, the Senate amendment. The House bill has sitive law enforcement information. The LEONARD L. BOSWELL, no similar provision. The House recedes. House bill had no similar provisions. The COLLIN C. PETERSON, Sec. 1011. Definitions Senate recedes. From the Committee on Armed Services, for Section 1011 is identical to Section 611 of From the Permanent Select Committee on consideration of defense tactical intelligence the Senate amendment. The House bill had Intelligence, for consideration of the House and related activities: no similar provision. The House recedes. bill and the Senate amendment, and modi- ROBERT STUMP, ITEMS NOT INCLUDED fications committed to conference: DUNCAN HUNTER, Section 305 of the Senate amendment con- PORTER J. GOSS, Managers on the Part of the House. DOUG BEREUTER, tained a provision to clarify Section 504 of BOB GRAHAM, MICHAEL N. CASTLE, the National Security Act of 1947 with re- JAY ROCKEFELLER, spect to the reprogramming of funds from SHERWOOD BOEHLERT, DIANNE FEINSTEIN, one intelligence activity to another. The JIM GIBBONS, RON WYDEN House bill had no similar provisions. The RANDY ‘‘DUKE’’ DICK DURBIN, Senate recedes. CUNNINGHAM, Section 306 of the Senate amendment re- PETE HOEKSTRA, JOHN EDWARDS, quired disclosure to Congress of information RICHARD BURR, RICHARD SHELBY, regarding pending criminal investigations SAXBY CHAMBLISS, JON KYL, and prosecutions that is currently subject to TERRY EVERETT, MIKE DEWINE, statutory and other disclosure prohibitions, NANCY PELOSI, FRED THOMPSON, such as grand jury matters under Rule 6(e) of SANFORD D. BISHOP, Jr., DICK LUGAR, the Federal Rules of Criminal Procedure, JANE HARMAN, Managers on the Part of the Senate.

VerDate 0ct 31 2002 04:59 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A14NO7.089 H14PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, NOVEMBER 14, 2002 No. 147 Senate The Senate met at 9:30 a.m. and was prepare solutions for our complexities, PLEDGE OF ALLEGIANCE called to order by the Honorable CARL and You are always ready to help us re- The Honorable CARL LEVIN led the LEVIN, a Senator from the State of solve conflicts even before we ask. We Pledge of Allegiance, as follows: Michigan. claim Your promise given through Jeremiah: ‘‘I have plans for you: plans I pledge allegiance to the Flag of the PRAYER for good and not evil, to give you a fu- United States of America, and to the Repub- lic for which it stands, one nation under God, The Chaplain, Dr. Lloyd John ture and a hope’’ (Jeremiah 29:11). indivisible, with liberty and justice for all. Ogilvie, offered the following prayer: Lord, we want to do our work this Sovereign God, our Help in all the day so that we will hear You say, ‘‘Well f ups and downs of life, all the triumphs done, good and faithful servant.’’ Our and defeats of political life, and all the only goal is to please You in what we APPOINTMENT OF ACTING changes and challenges of leadership, say and accomplish. Bless the Senators PRESIDENT PRO TEMPORE You are our Lord in all seasons and for in the decisions they make and the all reasons. We can come to You when votes they cast. Give them, and all of The PRESIDING OFFICER. The life makes us glad or sad. There is no us who work with them, Your strength clerk will please read a communication circumstance beyond Your control. to endure and Your courage to triumph to the Senate from the President pro Wherever we go, You are there waiting in things great and small that we may tempore (Mr. BYRD). for us. You are already at work with attempt the good of all. In Your holy The legislative clerk read the fol- people before we encounter them. You Name. Amen. lowing letter:

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

S10973

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U.S. SENATE, Senate will now proceed to the consid- interests, while others are on long- PRESIDENT PRO TEMPORE, eration of the conference report to ac- term charter. The Times of London re- Washington, DC, November 14, 2002. company S. 1214, which the clerk will ported that bin Laden used his ships to To the Senate: report. import into Kenya the explosives used Under the provisions of rule I, paragraph 3, The bill clerk read as follows: to destroy the U.S. embassies in Kenya of the Standing Rules of the Senate, I hereby and Tanzania. appoint the Honorable CARL LEVIN, a Sen- The committee of conference on the dis- ator from the State of Michigan, to perform agreeing votes of the two Houses on the A suspected member of the al-Quida the duties of the Chair. amendment of the House to the bill (S. 1214), terrorist network was arrested in Italy ROBERT C. BYRD, to amend the Merchant Marine Act, 1936, to after he tried to stow-away in a ship- President pro tempore. establish a program to ensure greater secu- ping container heading to Toronto. The rity for United States seaports, and for other Mr. LEVIN thereupon assumed the container was furnished with a bed, a purposes, having met, have agreed that the toilet, and its own power source to op- chair as Acting President pro tempore. Senate recede from its disagreement to the erate the heater and recharge bat- f amendment of the House and agree to the same with an amendment and the House teries. According to the Toronto Sun, RECOGNITION OF THE ACTING agree to the same, signed by all conferees on the man also had a global satellite MAJORITY LEADER the part of both Houses. telephone, a laptop computer, an air- The ACTING PRESIDENT pro tem- The Senate proceeded to the consid- line mechanics certificate, and secu- pore. The Senator from Nevada is rec- eration of the conference report. rity passes for airports in Canada, ognized. (The conference report is printed in Thailand and Egypt. In October, a French-flagged tanker f the House proceedings of the RECORD of November 13, 2002.) was attacked by terrorists in a manner SCHEDULE The ACTING PRESIDENT pro tem- very similar to the speed boat attack Mr. REID. Mr. President, the chair- pore. Under the previous order, there on the USS Cole in 2000. The attack man of the Commerce Committee has will be 60 minutes for debate on the caused 60,000 tons of oil to be released just come into the Chamber. As the conference report, with the time to be into the waters off Yemen and killed Chair will announce, we will have a equally divided and controlled between one crew member. These stories really bring home this rollcall vote at approximately 10:30 the chairman and ranking member of issue of seaport security. Except for this morning. the Commerce Committee. those of us who live in port cities like Upon the conclusion of that action The Senator from South Carolina is Charleston, people often do not think on the conference report on Port Secu- recognized. about their ports—the ports that load rity, the Senate will resume consider- Mr. HOLLINGS. Mr. President, first, industrial and consumer goods onto ation of H.R. 5005, the homeland secu- I ask for the yeas and nays on the con- trucks and railroad cars heading di- rity legislation. Prior to that, however, ference report. rectly to their hometowns. But making Senator SANTORUM is going to be recog- The ACTING PRESIDENT pro tem- these ports more secure is vital to pro- nized to offer a UC. And it is my under- pore. Is there a sufficient second? tecting our national security. The de- standing that Senator CANTWELL is There appears to be a sufficient sec- struction that can be accomplished also going to be recognized to offer a ond. through security holes at our seaports unanimous consent request. The yeas and nays were ordered. potentially exceed any other mode of Currently pending is a Gramm sub- The ACTING PRESIDENT pro tem- transportation. And yet we have failed stitute amendment and a Lieberman pore. The Senator from South Caro- lina. to make seaport security a priority. first-degree amendment to the home- Most Americans would be surprised Mr. HOLLINGS. Mr. President, the land security legislation. Cloture was to discover that until the provisions in American public is most familiar with filed on the Gramm amendment and on this bill there has been no unified fed- airline, highway and rail transpor- the bill itself. Therefore, Senators have eral plan for overseeing the security of tation. But perhaps the most vulner- until 1 p.m. today to file first-degree the international borders at our sea- able link in our transportation system amendments to that legislation. ports. And that’s what seaports are: Mr. President, the Senate is also ex- is the component that few Americans international borders that must be pro- pected to consider other important leg- ever see: our major seaports. tected as well as our land borders with Our 361 sea and river ports handle 95 islation today. We understand that last Canada and Mexico. night the House took to the Rules percent of U.S. international trade. The U.S. Coast Guard and U.S. Cus- Committee the conference report on These ports annually transfer more toms Service are doing an outstanding bankruptcy, which we have been wait- than 2 billion tons of freight—often in job, but they are outgunned. In the ing for for more than a year, and also huge containers from ships that dis- year 2000, we imported 5.5 million trail- the terrorism insurance conference recharge directly onto trucks and rail- er truckloads of cargo. Due to that vol- port, legislation we have been trying to cars that immediately head onto our ume, the U.S. Customs Service is only complete for more than a year. So we highways and rail systems. But less able to inspect between 1 to 2 percent should be able to complete those two than 2 percent of those 5 million con- of containers. In other words, potential matters. It may be necessary, on one of tainers are ever checked by customs or terrorists and drug smugglers have a 98 them, to file a cloture motion, but that law enforcement officials. percent chance of randomly importing would be determined at a subsequent That is a gaping hole in our national illegal and dangerous materials. time. security that must be fixed. That is Senator BOB GRAHAM a few years ago So other votes could occur over the why the Senate passed The Port and convinced President Clinton to appoint course of today’s session. Certainly on Maritime Security Act of 2001 in De- a commission to look at seaport secu- Friday there will be votes with respect cember of 2001 and the House and Sen- rity. At the time, the main focus of to cloture and maybe other items. ate have filed the conference report on port security was stopping illegal f the Maritime Transportation Security drugs, the smuggling of people, and Act of 2002. cargo theft. While those problems still RESERVATION OF LEADER TIME Before discussing the specifics of this exist, the new—and very real—threat The ACTING PRESIDENT pro tem- conference report, I want to discuss the of terrorism strikes right at the heart pore. Under the previous order, the vulnerabilities at America’s seaports: of our national defense. leadership time is reserved. Lloyd’s List International reported The Interagency Commission on f that a NATO country’s intelligence Crime and Security at U.S. Seaports service has identified 20 merchant ves- issued a report a year ago that said se- MARITIME TRANSPORTATION SE- sels believed to be linked to Osama bin curity at U.S. seaports ‘‘ranges from CURITY ACT OF 2002—CON- Laden. Those vessels are now subject poor to fair.’’ Let me repeat that: 17 FERENCE REPORT to seizure in ports all over the world. federal agencies reviewed our port se- The ACTING PRESIDENT pro tem- Some of the vessels are thought to be curity system and found it in poor pore. Under the previous order, the owned outright by bin Laden’s business shape.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10975 According to the Commission: types that pose a high risk of being in- area within the port being designated Control of access to the seaport or sen- volved in a transportation security in- as controlled access where only those sitive areas within the seaports is often lack- cident. These assessments will identify with the appropriate credentials will be ing. Practices to restrict or control the ac- the vulnerable assets and infrastruc- allowed. The bill also will require cess of vehicles to vessels, cargo receipt and ture as well as the threats to those as- criminal background checks of employ- delivery operations, and passenger proc- sets and infrastructure. ees with access to ocean manifests or essing operations at seaports are either not Within a year the initial assessments access-controlled areas of a port or ter- present or not consistently enforced, increas- will be made, interim security meas- minal. These background checks are ing the risk that violators could quickly remove cargo or contraband. Many ports do ures will be implemented, and more de- designed to ensure that individuals not have identification cards issued to per- tailed assessments will be conducted, with access to our terminals and cargo sonnel to restrict access to vehicles, cargo from which vessel and facility security facilities are not a terrorism security receipt and delivery operations, and pas- plans will be devised. These plans will threat. A system of appeals and waiv- senger processing operations. be based on the Coast Guard vulner- ers will be provided to ensure that port The report said: ability assessments and security rec- workers are given full and adequate op- At many seaports, the carrying of firearms ommendations. The plans will be sub- portunity to explain mitigating factors is to restricted, and thus internal conspira- mitted to the Coast Guard by port au- justifying any waiver requests. tors and other criminals are allowed armed thorities, waterfront facilities, and ves- This bill will require for the first access to cargo vessels and cruise line termi- sel operators. All ports, waterfront fa- time that we know more in advance nals. In addition, many seaports rely on pri- cilities and vessels are required to op- about the cargo and crew members vate security personnel who lack the crime erate under approved security plans coming into the United States. The prevention and law enforcement training and that are consistent with the Federal more we know about a ship’s cargo— capability of regular police officers. and Area Security Plans. and where it originated—the better our The report also found that port-re- To further enhance law enforcement Customs agents and other law enforce- lated businesses did not know where to cooperation, we will require the estab- ment officers can target the most sus- report cargo theft and other crimes, lishment of Area Security Advisory picious containers and passengers. I am and that federal, state and local law Committees at each port to coordinate also pleased that we established per- enforcement agencies responsible for a security plans among all the involved formance standards for the locking and port’s security rarely meet to coordi- agencies: law enforcement, intelligence sealing of containers. It is vitally im- nate their work. agencies, Customs, Coast Guard, Immi- portant that we ensure that shipping That is what our legislation does—it gration, port authorities, shipping containers are adequately designed and creates mechanisms to integrate all companies, and port workers. The bill constructed and that we check that these different security agencies and also creates new programs to profes- they are securely locked for shipment. their efforts to improve the security of sionally train port security personnel. The bill modifies a rulemaking re- our seaports, and the railways and Certification and training of maritime quirement for advanced cargo informa- highways that converge at our sea- security personnel will be crucial in in- tion. The original requirement was in- ports. Our seaport security bill also di- creasing the professionalism of our fed- cluded in the Senate passed version of rectly funds more security officers, eral, state, local, and private sector se- the bill. The rulemaking was then in- more screening equipment, and the curity personnel. cluded in the Trade Act, and S. 1214 building of important security infra- To address the immediate risk of ter- makes modifications to the Trade Act structure. rorist activities at or through our sea- to incorporate additional changes. I Each agency is good at what they do ports, the bill directs the Secretary of would like to thank the Finance Com- individually. But they will be even Transportation to immediately estab- mittee for their cooperative spirit in stronger working together, sharing in- lish domestic maritime safety and se- our effort to enhance cargo security. formation and tactics, and coordi- curity teams to respond to terrorist ac- Perhaps most importantly, we will nating security coverage at our sea- tivity, criminal activity, or other give port authorities and local entities ports. More teamwork between these threats. The units will be composed of support in implementing and paying federal, state and local agencies—along officers trained in anti-terrorism, drug the costs of addressing Coast Guard with our security partners in the pri- interdiction, navigation assistance, identified vulnerabilities. We are deal- vate sector—will produce a more secure and facilitating response to security ing with an issue of national security— seaport environment that is stronger threats. I would like to thank Senator and we will treat it as such. It would be than the sum of each agency’s indi- EDWARDS for his work on this provi- great if we could simply declare our vidual efforts. To foster that team- sion. The bill also creates a Sea Mar- ports to be more secure. But it takes work, our bill sets up a National Mari- shal program to more specifically au- money to make sure these inter- time Security Advisory Committee re- thorize the Coast Guard to board ves- national borders at our seaports are sponsible for coordinating programs to sels in order to deter, prevent, or re- fully staffed with customs, law enforce- enhance the security and safety of U.S. spond to acts of terrorism. These Sea ment, and immigration personnel. It seaports. Marshals will ride along aboard some takes money to make sure they have Most important in the bill are the re- vessels entering U.S. ports as a deter- modern security equipment, including quirements to implement security rent against hijacking or other crimi- the newest scanners to check cargo for plans that will provide for efficient, co- nal activity. I would like to thank Sen- the most dangerous materials. And it ordinated and effective action to deter ator JOHN KERRY and Senator JOHN takes money to build the physical in- and minimize damage from a transpor- BREAUX for working on the Sea Mar- frastructure of a secure port. tation security incident. The plans will shal initiative. I also commend Sen- For seaport security infrastructure, be developed as a national plan, a re- ator BREAUX for all his work on seaport the bill directly authorizes amounts gional area plan, and facility and ves- security. He is the Chairman of the sufficient to upgrade security infra- sel plans. The National and Area Secu- Subcommittee on Surface Transpor- structure such as gates and fencing, se- rity Plans will be developed by the tation and Merchant Marine, he has curity-related lighting systems, and re- Coast Guard and will be adequate to toured throughout the nation review- mote surveillance systems, equipment deter a transportation security inci- ing security at our seaports and has such as security vessels and screening dent to the maximum extent possible. done a yeoman’s job helping to pass equipment. I had hoped that we would The facility and vessel plans are for the this bill. have an agreement on a dedicated fund- individual waterfront facilities and The bill will require ports to limit ing mechanism to ensure that state, vessels and must be consistent with the access to security-sensitive areas. local and private sector entities that federal and area plans. The Secretary Ports also will be required to limit cars are required to comply with federal se- of Transportation will conduct an ini- and trucks, coordinate with local and curity mandates would have the nec- tial assessment of vessels and facilities private law enforcement, and develop essary funds to aggressively pursue on and near the water. The assessment an evacuation plan. Port areas will compliance with security require- will identify those facilities and vessel have increased security with specific ments. Unfortunately, I was not able to

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10976 CONGRESSIONAL RECORD — SENATE November 14, 2002 convince all of the conferees that this liquid chemicals. If ignited, many are sources could not come at a more im- was the proper course of action. I was capable of producing ferocious fires, ex- portant time. Since the tragic events happy that we did reach an agreement plosions and clouds of noxious fumes— of September 11, far greater demands to have the Administration report on immediately adjacent to such densely have been placed on the Coast Guard in how to pay for the federal portion of populated row house neighborhoods as the area of homeland security. Tradi- the seaport security responsibility. I Locust Point, Highlandtown, and Can- tionally, the Coast Guard invested only will be following this very closely to ton.’’ 2 percent of its operating budget into ensure that we have some sort of agree- Most of the security procedures and seaport security; this climbed to over ment to allow for the aggressive pur- infrastructure improvements contained 50 percent of its total operating budget suit of a new system of seaport secu- in our bill have long been practiced at after September 11. Now, approxi- rity. our airports and land border crossings. mately 22 percent of the budget is envi- U.S. Customs officers must be able to But, for some unfathomable reason, we sioned for seaport security. screen more than just 2 percent of the don’t take these preventive steps at The Coast Guard has unique missions cargo coming into our seaports. We our seaports—where most of our cargo not covered by any other federal agen- cannot expect to screen every marine arrives, and where we are most vulner- cy. It has the primary responsibility of container entering the United States, able. enforcing U.S. fisheries laws, carrying but there must be some expectation of Our agents at the Mexican border out drug interdiction at sea, search and inspection to deter cargo smugglers. near Tijuana will tear the seats out of rescue operations, and protecting the While we spend billions of dollars on an a car to search for drugs—while a crane marine environment against pollution. anti-ballistic missile defense system, just up the coast in Los Angeles lifts With the new responsibilities for port we fail to see perhaps even a greater thousands of truck-sized cargo con- security, combined with the traditional threat to our national security coming tainers onto the dock with no inspec- role the Coast Guard plays in other through our ports. A cargo container tion at all. mission areas, it is critically impor- can be delivered to anywhere in the For the first time we will require fed- tant that the Coast Guard has a vision United States for less than $5,000. The eral approval of seaport security plans, for how to achieve the ‘‘new nor- enemies of America can afford $5,000 to better coordination and training of law malcy,’’ wherein it carries out all of its import a container of explosive or haz- enforcement, more information about traditional and new missions, as well ardous materials much more easily cargo, and directly fund more Coast as the means to ensure its ability to than millions of dollars to launch a Guard personnel, U.S. Customs agents carry out such functions. rocket. and security screening equipment to This bill requires the Coast Guard to Investing in new screening tech- protect against crime and terrorism examine and report to Congress its ex- nologies will help human screeners in- threats. penditures by mission area before and spect more cargo, and detect the most Prior to September 11, 2001 we al- after September 11, and the level of dangerous shipments. To increase the ready faced security problems at our funding need to fulfill the Coast amount of cargo screened, the bill di- seaports related to smuggling, drugs, Guard’s additional responsibilities. The rectly grants and authorizes $90 mil- and cargo theft. But now we face the bill also requires the Coast Guard to lion in research and development even greater threat of terrorism—a provide a strategic plan to Congress grants to be awarded to develop meth- threat that requires us to immediately identifying mission targets for 2003, ods to increase the ability of the U.S. tighten security at our seaports, the 2004 and 2005 and the specific steps nec- Customs Service to inspect merchan- most vulnerable part of our inter- essary to achieve those targets. dise carried on any vessel that will ar- national border, in the defense of our Even prior to 9/11, there were serious rive in the United States; develop nation. concerns about the Coast Guard’s abil- equipment to detect nuclear materials; This landmark bill also incorporates ity to carry out its core missions. For improving the tags and seals used on a Coast Guard authorization bill—the example, the Coast Guard’s 30-year-old shipping containers, including smart first Coast Guard authorization bill National Distress and Response System sensors for tracking shipments; and that has passed Congress since 1998. (NDS), also known as ‘‘Maritime 911,’’ tools to mitigate the consequences of The Coast Guard provisions in the bill is breaking down, and has 88 gaps in its terrorist attack. The research and de- reflect the provisions of S. 951, the geographical area of coverage. Failure velopment funds are intended to fund Coast Guard Authorization Act of 2001, to retain experienced crew has plagued any enhancements that are necessary which was reported out of the Com- the Coast Guard for years. The lack of to enhance technology at U.S. Sea- merce Committee last year. experienced personnel has resulted in ports. The bill provides increased authoriza- tragedy, with unanswered calls for help The destruction that can be accom- tion levels for appropriations in fiscal leading to the loss of lives at sea. In plished through security holes at our year 2003, as well as increased per- 1997, all four passengers of the sailboat seaports potentially exceeds any other sonnel. The bill authorizes approxi- Morning Dew, three of them children, mode of transportation. We all know mately $6 billion for the Coast Guard’s drowned outside of Charleston Harbor the damage that can be caused by one total budget for fiscal year 2003. This is as a result of a failed search and rescue truck bomb. But one ship can carry approximately $1 billion higher than system. thousands of truck-sized containers the amount appropriated in the FY 2002 The bill requires the Coast Guard to filled with hazardous materials. A hi- Transportation Appropriations bill, establish and implement standards for jacked tanker holding 32 million gal- and is approximately $200 million high- the safe operation of all search and res- lons of oil or other explosive material er than the $5.8 billion of total enacted cue facilities. These include standards that is rammed into a port city like amounts in FY 2002, which includes two for the length of time an individual Boston, New York, Miami, Los Angeles supplemental appropriations. may serve on watch, and acquisition of or Seattle could potentially kill thou- The bill also increases the maximum equipment to achieve safety in the in- sands of people and destroy many city end-of-year strength to 45,500 active terim, as the entire system is up- blocks. duty military personnel, up from about graded. That vulnerability is magnified by 35,500, and includes personnel incen- Since the events of September 11, our the type of facilities along our coasts tives. demands on the Coast Guard have risen and rivers. There are 68 nuclear power The authorizations of appropriations dramatically. We must ensure that the plants located along U.S. waterways. in this bill include $725,000,000 for cap- Coast Guard is equipped with all of the Along the 52-mile Houston Ship Chan- ital investments, to ensure that the tools and resources that it needs to nel, there are 150 chemical plants, stor- multi-year Deepwater program and the protect our seaports, and to carry out age facilities and oil refineries. The overhaul of the National Distress and all of its traditional missions. I am Baltimore Sun reported that ‘‘within a Response System (NDS), or ‘‘Maritime pleased that we have reached a success- mile of the Inner Harbor of Baltimore 911,’’ are adequately funded in 2003. ful result in the Conference with the is a major East Coast import and ex- Ensuring that the Coast Guard has House, and that by enacting a Port Se- port hub for a broad range of dry and sufficient personnel and capital re- curity bill, we will at the same time be

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10977 passing a Coast Guard authorization We tried to get funding. The Senate around your particular ranch, but you bill this year. had approved a user fee. They called it have to turn the lights on at night and Mr. President, the morning news re- a tax, and we had some effort over the everything else like that, this is a pri- ports that Osama bin Laden is alive summer working it out to make sure it vate ranch, he would look at you and and well and al-Qaida operates. Four was a user fee. Then they said it was an laugh. He would say: What are you years ago, we started working on this origination problem. Thereupon we talking about? measure, because it was just prior to said: All right. Just take the con- That is what we are doing with re- that time that one of al-Qaida’s tank- ference report. You introduce it. We spect to many of the ports that are op- ers pulled into Mombassa, the port at are not proud of its origin particularly. erated privately. The Danes operate Kenya, and the terrorist crew jumped And you put it in, and we will approve the Port of New York; the Chinese op- off and blew up the embassy at Nairobi it on the Senate side. So that caused a erate the Long Beach Port; the union and then Dar Es Salaam’s embassy in great delay, but now it’s ready to go. operates the Seattle Port; the State of Tanzania. Lloyds of London reports The Maritime Transportation Secu- South Carolina operates our ports. So Osama bin Laden has actual ownership rity Act will provide for the first time you can see this particular task has to of some 10 oil tankers, and he has con- a national system for securing our be a comprehensive and coordinated ef- trol of some other 10 cargo tankers. maritime borders. Heretofore, we have fort. I point this out because it is the real known every plane that approaches the We then develop secure areas in the threat. Yes, we have maybe a hijacking continental limits of the United ports as part of the security plans. threat, but the real threat now, as we States. They have transponders. We That is approved by the Department of see it develop, is with respect to our have the radar. We track them. But we Transportation. There is a grant pro- seaports. That is why we started in the couldn’t tell what ship was coming, gram here of allocations to the dif- committee, some 4 years ago, with re- when it was coming, or how. We moved ferent ports authority, the size, the spect to seaport security. some weather satellites to repair that threat, and whatever else is there. Only, last year in Italy we found a particular deficiency. We now know, There is $90 million in research grants suspected al-Qaida terrorist network with the Coast Guard working over- to be awarded to develop the methods was operating, coming in through con- time, of the ships approaching. But we to increase the ability of the U.S. Cus- tainers. There are some 5 million con- now have a secure system for our mari- toms to inspect the merchandise. There tainers that come into the United time borders. is a $33 million program intended for States of America each year with 2 bil- We have to first ask that the Sec- the development of security training. lion tons of freight. Only 2 percent of retary of Transportation conduct an There is an established maritime intelligence system to work with this those containers are inspected at this assessment of all vessels and facilities new Department of Homeland Security. time. on or near the water and identify the They have to take all of this informa- But that one particular suspected risks of being involved in an incident. tion, not just from the FBI, CIA, NSA, terrorist had a bed and a toilet; he had Then we develop a port and area secu- and Secret Service, but the DEA in his own power source and everything rity plan. else like that ready to operate. He Let me emphasize, you have the large measure furnishes intelligence. We will have transponders on the could just as easily have come, and Coast Guard. You have Customs. You various vessels coming in. Within that may have, unbeknownst to us, into the have DEA. You have local law enforce- year, we will have a certified system of ment. You have the Immigration and United States of America. transportation that is a secure system But let’s go right to just last month, Naturalization Service. When every- of transportation allowing for secure the oil tanker off of Yemen, the French body is in charge, nobody is in charge. maritime borders. They will have to be tanker with some 60,000 tons of oil. As Under the present law, the captain of screened prior to entry. they blew up the USS Cole, they blew the port is in charge. We haven’t The transportation oversight board up this particular tanker. One can eas- changed that, but we have given him will establish a security program to de- ily foresee that a regular tanker could assistance. velop the secure areas as well as the come up the Delaware River with a sui- We have the Coast Guard authoriza- standards. People working in those se- cidal al-Qaida group in operation or in tion bill also in this particular con- cure areas will be required to have control, where they throw the captain ference report, increasing the Coast background checks. Not everybody overboard and run it right into an oil Guard amounts and authorizations coming there delivering the Cokes for tank farm there in Philadelphia, blow- some $1 billion this fiscal year 2003 the Coke machine or whatever will ing the whole thing up, closing down over 2002. So we are beginning now to need it, but there will be secure areas, the eastern seaboard. upgrade the wherewithal of the Coast and people working in them will have So we worked very hard on this legis- Guard itself that has been doing an to have background checks. We have lation. I commend the Senate itself be- outstanding job. established a sea marshal program that cause it was last year at this time, and The plans are based on the Coast the maritime folks have wanted for both sides of the aisle, under the lead- Guard security recommendations, quite a while. ership and working with my distin- which they will make within 1 year, of We have an assessment of the foreign guished colleague, Senator MCCAIN— all ports, facilities, and vessels deter- antiterrorism measure. And let me the soon-to-be chairman again—we mined to be vulnerable. They then have commend Mr. Bonner, the Director of worked and unanimously reported out the local port security committees, Customs, who has already gone over- a port security bill from our Commerce which will coordinate the Federal, seas and coordinated this. What we are Committee. We passed it in the Senate State, and local and private enforce- doing is establishing assessment and 100 to 0. ment efforts. check methods and secure methods for It languished on the House side for We have been doing this, I know in the ports of the cargo being loaded into some months. And it was in June that the ports of Charleston and several the containers before they leave, let’s they finally passed it. And we have others on the eastern seaboard. They say, the Port of London. We are going been with the staff. have just been awaiting this legislation to have to do the same things to facili- I must emphasize the outstanding to make sure we are working in lock- tate delivery when it comes into the work of our staff in this particular re- step with the Federal requirements. United States. gard. We worked all summer long. We But then when I say they have to have I emphasize the Coast Guard author- thank particularly our colleague Mr. the private efforts, think about it. If ization bill. We haven’t had one since OBERSTAR who worked with us as dili- you went down to the Rio Grande, to 1998. We have been struggling with gently as he could. In any event, now the border, and to the State of Arizona that. But now everybody has in their we have the conference report. It is not and told a rancher down there: Wait a minds front and center the Coast complete in the sense that it is not minute, there are some illegal immi- Guard, the magnificent job it has been funded. We provide in here certain grants coming across the border in the doing, even as it has been understaffed sums as is necessary to be reported to nighttime, and what you have to do is and underfunded. We are going to build us in the Congress within 6 months. not only put a barbed wire enclosure that up.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10978 CONGRESSIONAL RECORD — SENATE November 14, 2002 I yield such time as is necessary to many other Federal, State, local, and The provisions from the Coast Guard the distinguished Senator from Ari- private agencies. It directs these enti- authorization bill include numerous zona. ties to work together to establish secu- measures which will improve the Coast The ACTING PRESIDENT pro tem- rity plans aimed at decreasing Guard’s ability to recruit, reward, and pore. The Senator from Arizona. vulnerabilities and reducing threats to retain high-quality personnel. The con- Mr. MCCAIN. Mr. President, let me our ports and maritime transportation ference agreement addresses various start by, once again, thanking Chair- system. These plans will help define Coast Guard personnel management man HOLLINGS for his leadership in ad- specific responsibilities and secure our issues such as promotions, retention, dressing identified safety and security seaports. housing authorities, and education, problems at our Nation’s seaports. I ap- The conference agreement also re- along with measures that grant the plaud his leadership and steadfastness quires the Secretary to establish inci- Coast Guard parity with its Depart- as we finally bring this important piece dent response plans that explain the ment of Defense counterparts. of legislation to completion. role of each agency and how their ef- Additionally, this legislation pro- The conference report we are consid- forts are to be coordinated in the event vides a number of changes to U.S. mar- ering today is an important step for- of an attack on our Nation’s maritime itime laws and Coast Guard authorities ward and will provide both the guid- transportation system. In addition to such as extending the time for rec- ance and funding authorization needed providing guidance on how to respond reational vessel recalls, and increasing to improve maritime and port security. in the event of an attack, it is expected penalties for negligent vessel oper- It is past time to send this legislation the detailed planning called for in the ations. This bill also provides much to the President for his signature. agreement will help deter terrorist at- needed advance funding authority for The old adage, ‘‘a chain is only as tacks and other criminal acts aimed at the Oil Spill Liability Trust Fund strong as its weakest link,’’ is very our seaports. which will allow the Coast Guard to The conference agreement further re- true when it comes to securing our better respond to the ever increasing quires the Secretary to establish a homeland. Today, our Nation’s sea- costs of environmental cleanups. grant program to provide much needed ports remain a weak link in border se- In closing, Mr. President, I want to funding to ports and facilities to help curity. This conference agreement will commend the conferees for their work defray the compliance costs associated go a long way in strengthening that to reach a compromise on this impor- with both area and facility security link. tant legislation. I urge my colleagues plans. The Secretary will also be re- Both the Hart-Rudman Report on to support final passage of this legisla- quired to establish a program to pro- Homeland Security and the Inter- tion. vide grants to look at new and existing agency Commission on Crime and Sea- Again, I thank Senator HOLLINGS for technologies that can be used to better port Security found our seaports to be his dedicated and deeply involved work secure and protect our Nation’s mari- vulnerable to crime and terrorism. on this legislation, including conduct While there is no way to make our Na- time transportation system. The conference agreement takes into of field hearings throughout the United tion’s seaports completely crime free account not only the wide range of States, including the important port of and impenetrable to terrorist attacks, threats and crimes surrounding our Charleston, SC. this conference report will undoubtably seaports, but also the unique nature of Mr. President, I know the Senator advance port security and help our ports. A ‘‘one-size-fits-all’’ ap- from Texas, Mrs. HUTCHISON, wishes to strengthen overall national security. proach will not work. The planning speak on the conference report. I yield The report by the Interagency Com- process established in the conference the floor. mission on Crime and Seaport Secu- agreement requires the Secretary to Mr. HOLLINGS. Momentarily our rity, also known as the Graham Com- consider the fact that our Nation’s sea- distinguished colleague from Florida mission, in recognition of Senator GRA- ports are complex and diverse in both will speak. It was Senator GRAHAM of HAM’s efforts to establish such a com- geography and infrastructure. Florida who persuaded President Clin- mission,was a catalyst 2 years ago for While there are still many questions ton to appoint the investigating com- the Commerce Committee’s initial ef- regarding how far we must go to secure mission with respect to seaport secu- forts to address crime and security our ports and waterways, I am con- rity. issues at our Nation’s seaports. fident that the compromise reached I wish to add a couple comments with The committee held a number of with our House colleagues will create a respect to the Coast Guard authoriza- hearings in Washington focused on sea- safer and more secure maritime trans- tion. As I have stated, it is the first au- port security issues and the Sub- portation system in the United States thorization since 1998, and it increases committee on Surface Transportation and allow the flow of commerce to con- the Coast Guard budget $1 billion, with and Merchant Marine also held field tinue. 10,000 additional active duty military hearings on the west coast in Seattle, Mr. President, this conference agree- personnel. They have been under- WA, and Portland, OR, and on the ment also includes the provisions from staffed. I know of a tragic situation of southeast and gulf coast in Port Ever- our Coast Guard authorization. The search and rescue that did not work in glades, FL, New Orleans, LA, Houston, Coast Guard has been operating with- Charleston, SC, my backyard. There TX, and Charleston, SC. The input out an authorization since 1998, and the are provisions in this legislation so we from numerous witnesses contributed resources and personnel benefits pro- have adequate personnel manpower significantly to the development of vided in this measure for the men and there. this agreement. women serving in the Coast Guard are The Coast Guard is to examine and As I have mentioned many times dur- long overdue. report to Congress its expenditures and ing the past year, it is widely reported This agreement authorizes funding missions by September of next year. that transportation systems are the for the Coast Guard for fiscal year 2003 We want to get in lockstep as they in- target of 40 percent of terrorist attacks at the levels requested by the Presi- crease their effort from 2 percent of the worldwide. This conference agreement dent for six accounts: one, operation budget to some 22 percent of the budget would provide for increased security at and maintenance expenses; two, acqui- with respect to seaport security. our Nation’s seaports, helping to re- sition, construction, and improvement I can point out many other provi- duce crime and protect vessels and of facilities and equipment, AC&I; sions, but I will yield such time as is vital transportation infrastructure three, research, development, testing, necessary to the distinguished Senator from terrorist attacks. and evaluation, RDT&E; four, retire- from Florida. The conference agreement includes a ment pay; five, environmental compli- The ACTING PRESIDENT pro tem- number of important provisions. It re- ance and restoration; and six, alter- pore. The Senator from Florida is rec- quires coordination among the many ation or removal of bridges. It also au- ognized. entities that play a role in security at thorizes end-of-year military strength Mr. GRAHAM. Mr. President, first, I our Nation’s seaports and on our navi- and training loads to ensure that the wish to extend my congratulations to gable waterways, including the Coast Coast Guard will have the flexibility to the Senator from South Carolina and Guard, the Customs Service, and the respond to its ever growing missions. the Senator from Arizona, who have

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10979 been working on this issue for many doing since the events affecting air- interrogators they escaped Afghanistan months and have carried the position lines and airports as a result of Sep- and came to Morocco on a mission to of the Senate in the conference com- tember 11, 2001, we are looking at sea- use bomb-laden speedboats for suicide mittee. I commend you for the success port security through the windshield, attacks on U.S. and British warcrafts we have achieved today and for the albeit a foggy windshield. We not only in the Strait of Gibraltar. battles we both recognize will be re- have a responsibility but an oppor- On October 6, 2002, the French- quired in the future in order to fully tunity to take steps to avoid the head- flagged supertanker Limberg was at- realize the goals of this legislation. on collision at America’s seaports that tacked and holed by a small boat Mr. HOLLINGS. I thank the Senator. has not yet occurred. packed with explosives, possibly a re- Mr. GRAHAM. Mr. President, I am Since September 11, there has been a mote-controlled boat, off the coast of very pleased to rise in support of the lot of discussion about connecting the Yemen. This attack is now widely be- Maritime Transportation Security Act dots, what could have been pieced to- lieved to be the work of al-Qaida of 2002. gether, the things we should have seen operatives. This legislation will secure one of our before that tragic day. And, like 9/11, Yemen is, of course, the same loca- Nation’s greatest vulnerabilities, our information about our seaports pre- tion as the USS Cole bombing of 2 years seaports. sents a disturbing array of dots. But earlier. This bill not only ensures that our from these, there is a clear pattern of On October 29, 2002, as seen on na- ports remain a driving force in the vulnerability at our seaports and the tional television, a 50-foot coastal American economy, it also commences cargo containers which they deliver. freighter with 234 Haitians and 2 the closing of the floodgates of vulner- Many of these dots are available only Dominicans landed close to Miami, in ability to the terrorist threat to Amer- in classified form, which are not dis- Biscayne Bay, Florida. How did this ican seaports. closed for national security reasons. boat manage to get so close to a major Mr. President, there is much work But there are many instances of secu- American city? This vessel was not de- that remains to be done. rity breaches at seaports that have tected by the Coast Guard until the For this legislation to be effective, it been publicly disclosed—in open last few hours of its voyage. must have a predictable and sustained sources—that paint a stunning portrait Finally, less than 2 weeks ago, No- funding source for the agencies tasked of our maritime vulnerabilities. Week- vember 4, 2002, The Houston Chronicle reported 23 stowaways to Honduras with maintaining the security of our ly, I read newspaper accounts of stow- who were captured at the port, 16 on maritime borders. aways and narcotics arriving in our the barge and 7 more who had tried to It was in December of 2001, almost a country, and of security lapses at our year ago, that the Senate unanimously swim ashore. ports. Mr. President, the current assess- passed a comprehensive seaport secu- I have several articles I would like to ment from the U.S. intelligence com- rity bill. The House of Representatives bring to the attention of my col- munity is that 19 of the 35 State De- passed its own version in June of 2002. leagues, and I ask unanimous consent partment-designated foreign terrorist This legislation has been in conference that they be printed in their entirety organizations have access to maritime for 4 months. Valuable time has been in the RECORD immediately following conveyances, or are directly associated passing while an important part of our my remarks. with maritime terrorism. homeland economy, as well as our The PRESIDING OFFICER. Without Since 1991, there have been 131 mari- homeland security and the Nation’s 360 objection, it is so ordered. time attacks. This includes 19 ship hi- seaports, have remained extremely vul- (See exhibit 1.) jackings, bombings, armed attacks, or nerable. Mr. GRAHAM. On May 13, 2001, Fox kidnappings in the 4-year period be- I am pleased a final agreement has News and the Associated Press re- tween January 1996 and December of been reached and the bill is completed ported that 25 Islamic extremists, hid- 2000. and it will soon go to the President for den on commercial freighters as stow- Clearly, both our seaports and mari- his signature. aways, illegally entered the United time borders and their vulnerability to To quote the Florida Ports Council: States. These individuals reportedly terrorists remain a primary U.S. secu- Seaport security must be addressed in a entered the United States through four rity concern. comprehensive, intelligent, practical manner seaports in Miami; Port Everglades, In 1998, I asked former President Bill by the Federal Government—now, not in 2004 Fort Lauderdale; Savannah; and Long Clinton to establish a Federal commis- or 2006, or 2008. Beach. Where have these men gone and, sion to evaluate both the nature and The security of our borders is a national more importantly, what are their in- responsibility. No matter how good our extent of crime in our seaports. I have State processes and practices are—without tentions? become aware of the extensive and ex- the Federal Government requiring realistic The Washington Times, in a January panding use of seaports for a variety of security plans and standards—the public do- 22, 2002, article entitled ‘‘Seaports Seen criminal activities. main will remain at risk. as Terrorist Target,’’ reported al-Qaida In response to this request, President I am pleased we are doing that today ‘‘shipped arms and bomb-making mate- Clinton established the Interagency and starting to fulfill our Federal re- rials via Osama bin Laden’s covertly Commission on Crime and Security in sponsibilities. owned freighters.’’ These explosives U.S. Seaports on April 27, 1999. We live not only in a democracy but were later used to blow up the U.S. em- The three distinguished cochairs of also in a nation that allows its citizens bassies in Kenya and Tanzania. the commission were Raymond Kelly, and visitors the freedom to travel What if these ships were making port then commissioner of the U.S. Customs throughout our great country. calls at a port in the United States of Service, now head of the New York The United States thrives on global America? City police department; James Robin- trade and global travel. Further, in a front page article dated son, then assistant Attorney General; But support for democracy and free- February 26, 2002, USA Today reported and Clyde Hart, then administrator of dom must go hand-in-hand with strong that in October of 2001, a month after 9/ the Maritime Administration. protection of our maritime borders. 11, port authorities in Italy opened a In October of 2000, the commission Fortunately, our seaports have not suspicious container and found an issued its final report. This report out- yet been attacked. Fortunately, as of Egyptian-born Canadian person, lined many of the common security today, one of those container cargoes, equipped with a satellite phone, laptop, problems that were unearthed at U.S. 16,000 of which arrive at America’s sea- false credit cards, and security passes seaports. The commission made 20 find- ports every day, has not been used as for airports in Egypt, Thailand, and ings and included recommendations to the means by which a weapon of mass Canada. What if this container and per- respond to these threats. Our seaport destruction will be delivered within the son made a successful, undetected security bill addresses many of them United States. entry into the United States? directly. This means instead of looking at the On June 16, 2002, the Washington For example; the Commission re- security of America’s seaports through Post reported that three men captured ported a ‘‘need for a more comprehen- the rearview mirror, as we have been by CIA and Morrocan authorities told sive and definitive statement of the

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10980 CONGRESSIONAL RECORD — SENATE November 14, 2002 specific federal responsibilities,’’ in- into a truck or a train, leaving all for seaport security. To date, all fund- cluding the ‘‘lead agencies’’ of Customs Americans, not just those who are lo- ing for enhancing security at our sea- for international cargo and Coast cated close to a seaport, vulnerable to ports has been as a result of congres- Guard for seaport security. a security lapse which occurs at the sional action on supplemental appro- Our seaport security bill provides seaport because the seaport is the last priation bills. new authorities for both of these agen- point at which that container can rea- Illustrative of this gap between con- cies. sonably be checked and evaluated to gressional funding and the administra- The Commission also noted that: determine if it represents a threat to tion’s funding is the fact that only $93 Comprehensive interagency crime threat the American people. million was available from the Trans- assessments * * * currently are not con- While our bill is a step in the right portation Security Administration for ducted at seaports and that the federal gov- direction, we must fully commit to our over $700 million of seaport security ernment should establish baseline vulner- seaports as we have to our airports, grant requests. ability and threat assessments for terrorism which includes a steady stream of fund- While this funding has aided some at U.S. seaports. ing. ports, comprehensive security improve- The seaport security bill requires the As my colleagues may be aware, the ments for all ports will cost signifi- Coast Guard to survey all ports, primary reason this seaport security cantly more. prioritize them, and then conduct de- bill was in conference for 4 months was Based on a survey of just 52 large tailed port and vessel type vulner- the inability of Members to reach ports by the American Association of ability assessments. agreement on how to fund these secu- Port Authorities, the improvement The Commission called for a ‘‘com- rity measures. So what we are passing costs totaled over $2.2 billion. prehensive initiative to improve cargo today is essentially an authorization In addition, the United States needs import procedures,’’ noting that ‘‘ves- bill. We are providing the basic archi- a consistent policy on how much of the sel manifest information, import and tecture of the security, but the chal- additional security costs are the re- export, is sometimes deficient’’ and ‘‘is lenge to provide the plumbing and the sponsibility of the Government and more easily utilized * * * if it is re- electrical systems that will bring this how much by industry and its conceived in electronic data formats be- architecture to life is yet to be faced. sumers. We need to fairly apply this fore the arrival of the vessel.’’ My preference was to pass a bill policy across all parts of the industries The seaport security bill requires which would have contained that and economy. vessel and cargo data to be submitted plumbing and electrical system in the Ultimately, it should be similar to in advance and in a format to be pre- form of user fees, as we have already our approach, and response to, the scribed by the Secretary of Transpor- done for airports and airlines, giving aviation industry. Undoubtedly, fund- tation. our ports an immediate influx of ing security improvements at our ports The Commission was concerned that money to quickly address the security must be a major task and priority for ‘‘no minimum security standards or lapses that have been identified. the 108th Congress. guidelines exist for seaports and their Why is this so important? If we do Seaports are an important economic facilities.’’ not have a dedicated stream of user- engine. They are the major gateway to The seaport security bill would re- generated revenue, our commitment to America for cargo and consumer goods. quire security standards and provide seaport security may be viewed as tem- Annually, the U.S. marine transpor- federal grants for these improvements. porary and piecemeal. tation system handles 2 billion tons of These are but a few of the many vital The PRESIDING OFFICER. The time freight, 3 billion tons of oil, and 7 mil- provisions in this seaport security bill. reserved for the Senator from South lion cruise ship passengers. Over 800 On September 11, 2001, four commer- Carolina has expired. The Senator from ships make more than 22,000 port visits cial airliners were hijacked and turned Arizona controls the balance of the per year in the United States. into weapons of mass destruction, time. One terrorist incident at a seaport The Senator from Arizona. crashing into three symbols of Amer- could impact an entire coast or the en- Mr. MCCAIN. Mr. President, how ican strength. The fourth airliner was tire economy of the United States. The destined for yet another symbol of much time do I have remaining? The PRESIDING OFFICER. Eighteen financial impact of the closing of our American strength but for the coura- and a half minutes. seaports would be devastating. geous passengers and crew who inter- Mr. GRAHAM. I ask the Senator As reported last September in USA vened. We were not able to prevent from Arizona for a minute to close. Today and numerous other publica- these hijackings before they happened. Mr. MCCAIN. Certainly. I yield 3 tions, the closure of 29 seaports on the After that tragic day, Congress minutes to the Senator from Florida. west coast due to labor issues report- quickly responded and introduced the Mr. GRAHAM. As chairman of the edly cost $1 billion a day. Aviation Security Act on September Senate Select Committee on Intel- I ask my colleagues, what would hap- 24. It was signed into law on November ligence, over the past 2 years, I have pen if we had to close all of our 361 sea- 19, 2001. This law requires safer cock- worked with the committee on a 5-year ports? Factories and plants would pits, air marshals, Federal oversight of plan of enhancing technology and quickly be out of parts and be forced to all the airport security operations, ad- human skills within the intelligence shut down. Commodity hoarding would vanced anti-hijacking training for all community. begin and prices would rise. The stock flight crews, establishment of a secu- It is our expectation that these in- market would undoubtedly be shaken. rity fee, and background checks for vestments will yield rich dividends in Energy and oil prices would rocket up- flight school students. the intelligence community, to under- wards. On September 21, 2001, 10 days after stand the terrorist threat to our Na- On April 1, 2002, Business Week mag- the attack, Congress approved a relief tion, better inform decisionmakers on azine observed that ‘‘if a disruption at package for the airline industry. This policies that can defend against these one of the country’s 361 ports leads the included $5 billion of immediate cash threats, and take direct action against U.S. Government to shut them down infusion for U.S. air carriers and $10 the terrorists. the way it grounded air traffic in Sep- billion in loan guarantees. It should be no different at our Na- tember, it would bring some $2 billion We responded because we had been tion’s seaports. Investing in security a day in seaborne trade to a dead stop hit. The challenge of this legislation is: along our maritime borders is as vital and instantly cripple the domestic Are we prepared to respond before we as investing in our intelligence capa- economy.’’ are assaulted? bilities or our Nation’s airports. But I The issue of seaport security is not I believe we are beginning to answer am troubled by the prospects. The ad- going away. that question in the affirmative with ministration has shown no willingness Foreign trade accounts for over one- the adoption of this legislation. to request any funding for our sea- fourth of the total U.S. gross domestic The threat to our seaports is urgent ports. product. and real. When a cargo container ar- The administration’s fiscal year 2002 According to the U.S. Coast Guard, rives on our shores, it is quickly loaded and 2003 budgets contained no funding by 2020, one-third of all container ships

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10981 will be massive vessels termed ‘‘mega- this the President is going to rec- As bad as the destruction such an attack ships,’’ oil imports will increase to ommend be paid through general tax might cause, the chaos that would follow two-thirds of our consumption, and liq- revenue when we see his budget for the could devastate the nation’s economy. The nation’s shipping system could shut uefied natural gas imports will in- year 2004. down, as airports did after Sept. 11. ‘‘The crease by nine-fold. This legislation also requires the economic damage would be incalculable,’’ The Customs Service estimates that President, within 6 months of enact- Flynn says. ‘‘It would accomplish what a ter- by 2020 the volume of imported cargo ment, to submit a funding proposal on rorist group wants to do, which is to disrupt will more than double. a permanent basis to the Congress. It is this country’s economic structure.’’ While we have passed this important my hope that funding proposal will use So what can be done? Looking inside each bill, we now have a responsibility to as its starting point what we have al- of the 6 million containers from abroad would disrupt the flow of goods. Techno- finding funding for these need security ready done for the airline industry logical solutions, including x-ray machines, improvements. where we have made some decisions as are costly, expensive and not infallible. The I urge my colleagues to make the se- to how much of the security costs answer may lie in better surveillance at the curity of our ports a priority and to should be borne by general taxpayers container’s point of origin. Instead of in- pass, and later fund, this legislation. and how much should be borne by the specting every container upon arrival, so- We must not leave our maritime in- users and the industry. It seems to me phisticated computer and intelligence sys- dustry vulnerable to the potential use we should strive to have a parity and tems are being established to identify sus- by a terrorist organization. The possi- picious containers before they leave foreign balance of allocation of financial reports. bilities are horrific: The possibility of sponsibility across our transportation ‘‘You want to do something that doesn’t major loss of life, the possibility of systems. If we are committed, as the wait until the container is offloaded here,’’ major economic damage, or the possi- action today indicates, to providing se- U.S. Customs Commissioner Robert Bonner bility of the delivery of a weapon of curity for our seaports before they are says. ‘‘The big idea is to think about how to mass destruction. attacked and will not await a 9/11 to push the border back.’’ We have take the first steps forward arrive at a city in the United States WANDO WELCH in aviation. Why would we leave our through a cargo container with a weap- In South Carolina, the blur of movement seaports and the maritime industry be- on of mass destruction, which 48 hours at the port of Charleston’s Wando Welch Ter- hind? The action that we take today is minal vividly shows the shipping business’s earlier had come through a seaport, if need for speed. Massive cranes lift cargo con- a beginning. we are committed to security without tainers off merchant ships arriving from For this beginning to realize its having to be awakened through an as- around the world. The containers are promise of substantially enhanced se- sault, then we should also be com- stacked like giant Lego pieces across the 237- curity at America’s seaports, within mitted to recognize this is not going to acre facility. the flood tide of cargo containers that be cheap and it is not going to be a The activity at this, the nation’s third- arrive each day, further action is re- temporary commitment. It will be ex- busiest, container facility is a tribute to the quired. efficiency of the ‘‘intermodal’’ transpor- pensive and it will be sustained and we tation system, which makes possible the Working with the House of Rep- should provide the revenue to meet quick transfer of seaborne containers to rail- resentatives, it is my hope that, early those realities. cars and trucks without unloading and rein 2003, we will take the next step, pro- EXHIBIT 1 loading their contents. The system touches viding a permanent and sufficient fund- [From USA Today, Feb. 26, 2002] every facet of the economy. Each state re- ing source for today’s legislation. ceives goods from an average 15 different SHIPPING CONTAINERS COULD HIDE THREAT TO ports every day, according to the American An appropriate place to start the dis- U.S. Association of Port Authorities. cussion is using the model of airports (By Fred Bayles) and aviation security, where funding is That is why the industry balks at inspect- CHARLESTON, S.C.—The odd noises that ing every container coming into the country. provided by the industry and its cus- came from the 40-foot shipping container at Several members of Congress, including Sen. tomers and the general public. Gioia Tauro, Italy, harbor in October dem- Charles Schumer, D–N.Y., have proposed The President will recommend in his onstrated the danger facing officials at ports such steps. budget for 2004 what he considers the around the world. When port authorities At the Wando yards, the time a Customs appropriate level for seaport security. opened the suspect container, they found inspector needs to examine a single con- I urge him to be more forthcoming Amir, Farid Rizk, 43, an Egyptian-born Ca- tainer illustrates the challenge. One con- than in the last two budget submis- nadian equipped with satellite phone, laptop, tainer, singled out because its manifest listed a cargo of ‘‘human aids,’’ turns out to sions. false credit cards and security passes for airports in Egypt, Thailand and Canada. have been filled with bundles of used cloth- With the President’s level of general Officials charged Rizk with terrorism but ing bound from Italy to Bolivia. It took the revenue support, the Congress will be later released him after his lawyers argued inspector and a civilian crew most of the day in a better position to determine what he was fleeing religious and legal persecu- to offload and inspect the bundles, then re- level of user fee will give Americans as- tion in Egypt and was not a terrorist. load the container and send it back to the surance of security at our Nation’s sea- Rizk’s choice of transportation highlighted shipping yards. ports. a security problem that has troubled U.S. of- ‘‘It would be very difficult to search every We understand the threat and the ficials since well before Sept. 11. container without severely disrupting the More than 6 million shipping containers flow of goods,’’ Bonner says. horrible outcomes from terrorism so arrive here at Wando Welch yards in Charles- A glimpse of that kind of disruption came much better than 1 year ago. ton and other U.S. ports annually. Only 2% in late 1999. The nation’s Western rail sys- After the terrorist attacks, Congress are inspected. The rest remain sealed as they tem slowed dramatically as it adjusted to a took quick action to restructure our are shipped throughout the country. It would merger of two railroads, a booming economy aviation security program, in order to be easy, some fear, to take a container, stuff and other factors. better protect our country and prevent it with explosives, a chemical weapon or a The slowdown created havoc for weeks. another attack. nuclear device and inject it into the nation’s Christmas items did not arrive to stores on economic bloodstream. Security experts had time. Perishable goods rotted. Factories We need to strengthen our seaports, closed because needed parts were delayed. with the same intensity demonstrated thought about the massive flow of unchecked containers before the attacks on New York ‘‘It was only temporary, but it created big at our airports. We must guard our and Washington. In the November 2000 issue headaches,’’ says John Foertsch, the South- maritime borders against obvious of Foreign Affairs, Coast Guard Cmdr. Ste- east operations manager for OOCL (Orient weaknesses and their potential use as a phen Flynn, a security expert with the Coun- Overseas Container Line), a major container terrorist target. cil on Foreign Relations, offered this sce- shipper based in Hong Kong. ‘‘It’s hard to Our seaports are a vital national nario. imagine the chaos that would come if delays like that became the routine.’’ asset. Suppose, he wrote, Osama bin Laden load- I close by saying we have work to do, ed a biological weapon into a container and TECHNOLOGY SOLUTIONS and the primary focus of that work is shipped it through foreign ports to the USA. Some look to technology as a solution. The container, unnoticed in the day-to-day Last summer, Customs agents at busier going to be to arrive at a sustainable, bustle of trade, could then be put on a rail ports began using drive-through mobile X- reliable funding source for these impor- car at Long Beach destined for Newark, N.J. ray units that can scan containers as they tant security measures. We will have Somewhere along the 2,800-mile route, it is are driven past a checkpoint, much like lug- an early indication of what portion of detonated. gage through an airport screening station.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10982 CONGRESSIONAL RECORD — SENATE November 14, 2002 Sitting in the cab of such a unit on the a threat and what isn’t, you get the informa- American Trucking Assn. supports criminal- Charleston docks, Customs Inspector Eddie tion down to a manageable number of tar- background checks but fears its members Basham peers at a computer screen dis- gets. ’’ could be sued by disgruntled job applicants playing the shadowy interiors of passing con- denied work because of something that tainers. ‘‘Tires,’’ he says, pointing to a stack [From Business Week, Apr. 1, 2002] showed up on their record. The ATA wants of spirals filling one container. On the next, COMMENTARY: FREIGHT TRANSPORT: SAFE protection from liability. It also worries that he notices a dark, irregular shape and sends FROM TERROR? a background check involving multiple agen- it to the side for inspection. (By Lorraine Woellert) cies will prove time-consuming and costly. Occasionally, the equipment hits imme- With its heavy traffic and massive chem- In the House, Young has labeled the Hol- diate pay dirt. ‘‘There’s a few times I’ve seen ical-storage tanks, the Port of Houston lings measure ‘‘stupid’’ because it puts the people standing in the inside of a container,’’ would seem a tempting target for terrorists. onus on the U.S. government to search every Basham says. Police took the illegal immi- Touring the site in January, Senator John incoming vessel instead of forcing overseas grants into custody. Breaux (D-La.) asked what had been done to transportation centers such as China and Other screening devices are being tested protect the 25-mile-long seaway. A Coast Panama to boost their own security. But and deployed. In Norfolk, Va., Virginia Inter- Guard official assured him that the harbor Young’s vision has problems of its own. He is national Terminals is installing radiation had been declared a security zone. Breaux seeking to establish an entirely new cargo- detectors on cranes, which will screen each was unimpressed. ‘‘That’s like putting a ‘No information tracking system under the container as it is offloaded. As of now, Cus- Trespassing’ sign on a nuclear reactor,’’ he Transportation Dept., duplicating work al- toms agents use pager-sized radiation mon- said. ready being done by Customs and adding an- itors that warn of excessive radiation as In the wake of the September 11 attacks, other layer to the multi-agency bureaucracy they walk by rows of containers. Some esti- Washington scrambled to shore up aviation that now regulates container traffic. ‘‘Nei- mates put the cost of equipping all major security with tough new passenger- and bag- ther shippers, carriers, nor the government ports with large scanners at $5 billion. gage-screening laws and criminal-back- would be served by competing cargo-infor- BETTER INTELLIGENCE ground checks on airport workers. But half a mation systems,’’ says Christopher L. Koch, Some say the solution would be to inspect year later, U.S. land and sea borders remain president and CEO of the World Shipping all U.S.-bound containers before they leave a almost as vulnerable as ever. Lawmakers hot Council in Washington. foreign port. But the difficulty of doing that to jump on the homeland-security band- Lawmakers—lacking the attention span or wagon a few months ago have succumbed to may be too great. the willpower necessary to sort out freight’s ‘‘No one can argue against vetting cargo inertia, leaving the nation’s most at-risk complexities—seem inclined to settle on po- transportation systems unprotected. ‘‘There before it is shipped, but you need the polit- litically expedient legislation that empha- has been a gross lack of focus,’’ says Edward ical will and resources to do it,’’ says John sizes high-tech gadgetry, spot container Wytkind, executive director of the AFL– Hyde, general manager for security with searches, and other piecemeal fixes. Such an CIO’s transportation-trades division. Maersk Sealand, one of the world’s largest approach could derail container-traffic flow Altogether, trains, trucks, and ships move as dramatically as a terrorist attack. ‘‘It shipping companies. ‘‘When you’re talking more than $1 trillion worth of freight—about about putting requirements on other sov- would grind the U.S. economy to a halt,’’ 99% of all U.S. cargo—into the country every says Jonathan Gold, trade-policy director at ereign nations, you can never be sure of what year. Seaports, which handle some $700 bil- the reaction will be.’’ the International Mass Retailers Assn. lion of that cargo, are the first line of vul- As Congress treads water, the next-best op- Many in industry and government, argue nerability. If a disruption at one of the coun- that there is no need to check each of the tion is emerging in the U.N., where the Coast try’s 361 ports leads the U.S. government to Guard is pushing new international stand- thousands of containers that arrive daily. shut them down the way it grounded air traf- They note that only 1,000 < less than 1% < of ards for container inspection, worker licens- fic in September, it would bring some $2 bil- ing, sea marshals, and a long-overdue system the 450,000 shippers who send cargo to the lion a day in seaborne trade to a dead stop USA, account for nearly 60% of all con- for tracking ships at sea. It’s an ambitious and instantly cripple the domestic economy. goal, and one that requires U.S. cooperation. tainers shipped to this country. A majority Today, port ‘‘security’’ means little more of containers come from well-known and ‘‘If we ask these foreign ports to put security than a few miles of fencing and the occa- measures in place, then we have to be pre- trusted companies that make regular weekly sional container search. Despite stepped-up runs to U.S. ports. ‘‘It is impossible to in- pared to do the same thing here,’’ Fold says. patrols by Coast Guard and Customs agents Whether it’s motivated by fear or by shame, spect everything, but you don’t need to in- after September 11, ships sail freely in and spect everything,’’Bonner says. ‘‘We are Congress must push harder for secure trans- out of the nation’s inland and coastal ports. portation systems. pretty good at being able to sort out what The network relies on an honor system: It’s needs to be inspected.’’ up to carriers to announce their arrivals and The PRESIDING OFFICER. The Sen- To that end, the Coast Guard has joined disclose their hauls. Federal agents search ator from Arizona. with Customs, the Immigration and Natu- only about 2% of the 11 million containers Mr. MCCAIN. It is my understanding ralization Service and several intelligence that make their way through the U.S. mari- from leadership that the vote is now agencies to begin sorting out information time system each year—double the pre-Sep- going to take place at 11:15. I ask unan- about containers before they arrive. After tember 11 rate but still frighteningly low. Sept. 11, the Coast Guard initiated the Ship imous consent that the remaining time ‘‘You have a ship with 7,000 containers on it, be equally divided between now and Arrival Notification System, the nation’s and what do we do? Check the manifest,’’ la- first centralized database on the movement ments Representative Don Young (R-Ala.), 11:15. of cargo ships. chair of the House Transportation & Infra- The PRESIDING OFFICER. Is there Before this system, the Coast Guard cap- structure Committee, which is working on a objection? Without objection, it is so tain in charge of security at each port only port-security bill. ‘‘We’re taking containers ordered. had to be notified of a shipment 24 hours be- from Pakistan, and we don’t know what’s in Mr. MCCAIN. Mr. President, I yield fore a cargo ship was due to arrive. Now that them.’’ to the Senator from Alaska such time same information arrives 96 hours in advance Lawmakers may be indignant, but their ef- as he may consume. at the Coast Guard’s computer center in forts to plug security gaps have been few and West Virginia. Information about the ship, ill-fated. In December, the Senate, led by The PRESIDING OFFICER. The Sen- its containers and crew is entered into a Commerce Committee Chairman Earnest F. ator from Alaska. database that can be cross-referenced with Hollings (D–S.C.), passed a $4 billion wish list Mr. STEVENS. Mr. President, the immigration, FBI and Customs data. of grants and loans to buy equipment to Aviation Security Act of 2001 came in The database allows many agencies to search more incoming cargo containers. Hol- the immediate wake of the September track the movement of cargo around the lings’ bill also would toughen hiring stand- 11 terrorist attacks and we may soon world. Officials hope it will help zero in on ards by requiring maritime workers to pass a send to the President for his signature unknown shipping companies or a sudden criminal-background check similar to one the bill creating the Department of shift in business practices or cargoes that imposed on nearly all airport workers. makes no sense. ‘‘If a ship leaves Genoa, However, the idea of eliminating felons Homeland Security. The Maritime and Italy with palm oil bound for a port that from the workforce, a provision that sailed Transportation Security Act of 2002 is normally doesn’t import palm oil, you might through Congress as part of an aviation-se- another important piece of national se- take a closer look,’’ says Capt. Tony curity bill last year, has come under fire curity legislation that will provide the Regalbutto, the Coast Guard’s director of from labor, including the Teamsters and the organizational structure, coordination port security. AFL–CIO-affiliated longshoremen. They say and planning needed to safeguard our Flynn sees this as the first step to a sys- requiring no felony convictions as a pre- Nation’s ports. I thank Senator HOL- tem that will track individual containers as requisite to holding a job amounts to double LINGS, Senator MCCAIN and Congress- they are loaded overseas and sent to U.S. jeopardy for workers who have already paid ports. ‘‘People have compared this to a nee- their dues to society. man DON YOUNG for their tireless ef- dle in a haystack problem,’’ he says. ‘‘But if Industry has its own problems with the forts to move this legislation through you develop good intelligence about what is idea. As a major player at U.S. ports, the Congress.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10983 Under the Act, initial vulnerability Mr. HOLLINGS. I yield such time as separate containers on one ship. Each assessments will be made to determine he may consume to the distinguished container carried as much as 60,000 vessels and ports that pose a high risk Senator from Louisiana. pounds of whatever someone wants to of being involved in a marine transpor- The PRESIDING OFFICER. The Sen- put in them. tation security incident. Attention will ator from Louisiana is recognized. The USS Cole had a small vessel pull be given to deterring and responding to Mr. BREAUX. Mr. President, I thank alongside of it and blow a hole in the such incidents, and an overall evalua- my distinguished chairman of the Com- side of it, killing American sailors; one tion will be provided on the potential merce Committee for his involvement relatively small boat pulled right threat level of maritime terrorist at- and his leadership in bringing this leg- alongside the USS Cole, a military tacks. islation to the floor, as well as the naval warship. At the same time, re- This port security assessment is im- ranking member of the Commerce member what happened in Oklahoma perative for our State of Alaska, which Committee, the Senator from Arizona, City. Approximately 15,000 pounds of has roughly one-half the coastline in and everyone really who has been in- explosives blew down the Federal the United States. Alaska’s economy volved in this legislation. Building with drastic consequences to and quality of life are directly related Suffice it to say, the conditions in human life and to the stability of that to the functionality of it’s numerous the world, and in the United States in city, shaking the confidence of this Na- ports. The majority of our Alaskan particular, have changed dramatically tion. One person with 15,000 pounds of communities, including Juneau our since the events of 9/11. Things we took explosives knocked down an entire State Capital, are not on the road sys- for granted, things we did not pay a Federal building. One container has 60,000 pounds of tem and depend almost exclusively on great deal of attention to, are no product that can be put into a ship marine trade for the delivery of basic longer the status quo. The Commerce Committee, to the credit of the leader- that may have 3,000 containers. The po- goods. A terrorist attack at a port in tential for damage if a terrorist wants ship of our committee and Senator Alaska, or anywhere on the West to target one of the ports of this coun- HOLLINGS, had taken up the concept of Coast, would cause significant inter- try by placing explosives in one of making sure our ports were more se- ruptions in maritime service to our these containers is great. State, greatly affecting our way of life. cure even before 9/11. We had the example of one Egyptian In addition, there are several other The Commerce Committee in August who took a container and practically ports in Alaska vital to Alaska and the of 2001, before 9/11, passed a seaport se- made an apartment out of it. He got a rest of the Nation. This is especially curity bill by a unanimous vote. The container in the Middle East, had him- true of the Port of Valdez, which is the committee was clearly on top of poten- self equipped with a cell phone, food, a southern terminus of the 800 mile long tial problems before 9/11. But certainly bunk to sleep in, and literally was Trans-Alaska oil pipeline. Valdez is an after the events of 9/11 it became clear transported from the Middle East, important off-loading terminal for our we needed to do more even than we through Italy, destined for Canada, and Nation’s domestic energy supply. A originally had done in the legislation. ultimately to the United States. Who terrorist incident here would impact I have the privilege of chairing, knows what he was intent on doing? U.S. oil production, without any ques- under the Commerce Committee, the Again, one ship, with 3,000 containers; tion, and have a devastating effect on Subcommittee on Surface Transpor- how do we determine what is in each Alaska’s fisheries. Dutch Harbor is tation. At the suggestion of the chair- container? consistently the top commercial fish- man, it was determined we should have Some of our large container vessels ing port in America, processing and field hearings around the United pull alongside our ports. We saw in shipping product to the rest of the States. We had field hearings in six dif- Houston, in the Port of New Orleans at world. Kodiak has the largest Coast ferent port cities in the country. We the hearings we held, the Port of south Guard presence in the Nation and the had hearings in the chairman’s home- Louisiana, the Port of Baton Rouge— Island of Kodiak has launch facilities town of Charleston, SC, and the home there are miles and miles of ports— that make it an important staging area of the Senator from Texas, the Port of some of these ports have, right along- for future military and NASA oper- Houston. We had hearings in the Port side them, a liquefied natural gas facil- ations that are vital to our Nation’s of New Orleans. We had hearings in ity. Next to the liquefied natural gas national missile defense system. Fort Lauderdale. We had hearings on facility there could be an oil and gas The Maritime and Transportation Se- the west coast. We had hearings on the refinery. Imagine the damage that curity Act of 2002 also includes Coast gulf, Atlantic, and Pacific, to learn the could occur with one container loaded Guard authorization for fiscal year conditions of the ports of the United with explosives in a ship docked along- 2003. This is extremely important for States regarding security. side an LNG facility, which is next to the continued success of the Coast We found when everyone is in charge, an oil and gas refinery, which may be Guard in its ever evolving and expand- no one is in charge. In a number of followed by several other chemical ing role in securing our Nation’s coast- ports, the sheriff’s department was in- plants. One container exploding could al boundaries. volved in security. In some ports they set off a chain reaction with a great I commend the chairman and the fu- had port security police partially in deal of damage and a great loss of life. ture chairman of the Commerce Com- charge. In some areas they depended Some of our ports are located in mittee for bringing this bill to the totally on the U.S. Coast Guard to do urban areas. The Port of Houston, the floor, and I support its immediate pas- all the work—which they cannot do. Port of New Orleans, the Port of New sage. Some had very lax security on the pe- York, the Port of New Jersey, the Port I yield the floor. rimeter, on the shore surrounding the of Fort Lauderdale, the Port of Savan- The PRESIDING OFFICER. The Sen- ports. nah, the Port of Charleston they are all ator from South Carolina. Every day, literally thousands and located in urban areas. There is a grave Mr. REID. Will the Senator yield? thousands of men and women drive potential for damage. Mr. HOLLINGS. Yes. trucks loaded with containers into port The point I make is that things have Mr. REID. For purposes of notifying facilities. We need to know who they changed since 9/11. A port manager was Members of the Senate, there has been are. We need to know what their pur- asked: How do you secure vessels pull- a train accident. I hope it is not seri- pose in being there is. We need to know ing alongside these LNG facilities? ous, but we have a couple of people on as much as we can about who comes How do you assure they know what the train. We are now in the process of and who exits these international they are doing? How do you secure the working out a unanimous consent ports. area? This individual said: Well, we agreement to have the vote maybe 45 It is very interesting how commerce have a sign posted that says ‘‘No Tres- minutes later than scheduled. works. One container can carry as passing.’’ I doubt a person intent on Mr. HOLLINGS. We scheduled the much as 60,000 pounds of whatever you blowing up a city or doing grave dam- vote for 11 a.m. want to put in it. There are ships en- age to one of our ports will be deterred Mr. MCCAIN. Actually, 11:15. tering our ports and laying alongside by a sign that says ‘‘No Trespassing.’’ Mr. REID. It may be later than that. the docks containing as much as 3,000 They will not pay any attention to it.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10984 CONGRESSIONAL RECORD — SENATE November 14, 2002 The fact is we have to have people in- a grant program to the local ports. veston, Freeport, and Texas City. They volved in security. We have to have Most of the cost will have to be borne each have different challenges. Some people in a chain of command, people by the U.S. Coast Guard. I say to Sen- have to safeguard cruise ships. Cruise who know what they are doing, who is ator HOLLINGS and those on the Appro- ships are a new, burgeoning tourist in- doing it, and what is the responsibility priations Committee, it is going to be dustry that is working particularly in of each particular segment of law en- their great task to make sure we ade- Galveston. We are very happy about forcement operations. quately fund the Coast Guard to carry this, but it means we have to safeguard This legislation will help do that. out those plans, because they are going these cruise ships by taking similar se- This legislation for the first time will to cost more. We have to do a better curity measures. say every port in the United States of job. It is going to cost money. What Texas City, on the other hand, faces America will have to develop a com- about the local ports? We talked about the security challenge of screening prehensive port security plan. Some of a user fee, which I thought was a better cargo containers and shipping vessels them have plans in place now, but I idea, to spread the cost across society. on a shoestring budget. We have don’t think they are as comprehensive It would be very small if we did it that Brownsville and Corpus Christi that as they need to be, and some have al- way, but that’s not part of this bill. are becoming very important ports for most nothing. A comprehensive port There are local grants that ports can Central and South American goods security plan under the U.S. Coast apply for, because it is going to cost to coming in. We are very pleased about Guard, working with the local port and do the security they need. I am hopeful that, but they too need security. local law enforcement officials, can de- that program will be sufficient in order sign a plan that fits a particular port. to allow our ports to do the work that So this is a compromise bill. It lays What may be necessary in the Port of is needed. the foundation for a port security sys- Savannah may not be necessary in the This is a good piece of legislation. It tem under the Transportation Security Port of Houston. What is necessary in can go a long way toward securing U.S. Administration. It requires security the Port of Houston may not fit in the ports, which today are very vulnerable, plans for every port, background Port of Charleston. Each port has to which today, I would add, are potential checks for employees with access to se- have a plan designed to meet the needs targets. This legislation, when in place, cure areas, and improved identification of that particular area. will go a long way to providing the se- technology for both individuals and Not only do the operations along the curity of which we can all be proud. vessels traveling in United States water’s edge have to be better secured, I yield the floor. waters. The proposed Homeland Secu- the entire facility has to be secured. As The PRESIDING OFFICER. Who rity Department would also be tasked I said, we have literally thousands of yields time? to assess potential threats presented incoming and outgoing trucks loaded The Senator from Texas is recog- by security practices at foreign ports, with containers. We need to know who nized. so that we are able to find out if a for- Mrs. HUTCHISON. Mr. President, I those people are bringing in the con- eign port is particularly lax. Then we would first like to thank Senator HOL- tainers, what their purpose is. No would have to take extra steps for LINGS and Senator MCCAIN for helping longer can a port be a tourist attrac- ships coming into the United States us get this bill through the committee. tion. No longer can someone say let’s from that port, whether it is the port Senator BREAUX’s remarks were right go to the port and see the ships. Unfor- of origin or whether it is a through- on target. I hosted Senator BREAUX’s tunately, times have changed. We need port. hearing in Houston. He toured the Port better security, better perimeter proof Houston with me. We saw firsthand I think those are the steps we need to tection, better knowledge about the what some of the problems are. take. I support this compromise be- cargo on the ships, better knowledge of I have to say, I was very impressed cause certainly it is important to take the crew on the ships. with what the Port of Houston is doing these immediate first steps. However, I We have transponders on airplanes. on its own. Using its own resources, it do not think the bill goes far enough. I We have GPS systems in automobiles. has beefed up its patrols and its secu- am an original cosponsor, with Senator There is no reason every ship that rity guards. Certainly, the Coast Guard FEINSTEIN, of the Comprehensive Sea- comes into an American port will not is more involved in checking manifests port and Container Security Act that have a GPS system on it, an identifica- and the ships that come into the Port would provide more resources and tion system on it, an automatic identi- of Houston. But the fact is, the Port of greater emphasis on port security. Our fication signal that can transport to Houston is the largest port in America bill requires profiling of cargo con- the port authorities where that ship is in terms of foreign tonnage. It handles tainers and scrutiny of high-risk ship- at all times—not just when it comes in, more than half of the Nation’s petro- pers. but when it actually reaches the floor, chemical capacity. We certainly need We are not closing the book on port while it is in port. Federal funding and support to make security with the passage of this com- Senator GRAHAM, who has been insure a port like this one, which is vul- strumental in helping pass this legisla- promise bill, but we are taking a major nerable, and presents such a risk, has a first step. I look forward to working tion, raised at the press conference yes- fully implemented security system. terday the concern about the vessel with Senator MCCAIN, Senator HOL- I thank Senator BREAUX for coming LINGS, Senator BREAUX, and others who that came in from Haiti. That vessel to see firsthand this great port in my did not just come close to the U.S. are very concerned about the whole State, for looking at what they are port security issue. In the next session, shores, it actually landed on the beach- doing on their own, and then realizing es of Key Biscayne, FL. As Senator I look forward to really addressing the the need to give them added help container cargo and other high-risk GRAHAM has pointed out, instead of through this port security bill. I am being a group of refugees, suppose it port needs, and to assure we do not very pleased that we are taking this have a void in our port areas. Senator was a same-sized vessel, loaded with first step. STEVENS was saying the other night explosives, with a terrorist who was Due to the volume of hazardous ma- that 50 percent of the American people willing to commit suicide, who instead terials, a terrorist attack in the Port live within 50 miles of a port. That is a of dropping off several hundred refu- of Houston could result in the loss of very important statistic. We have to gees had pulled alongside one of the millions of lives. Of course, it would check our ports, our people, and the large buildings in the Port of Miami, or also interrupt our Nation’s energy sup- goods coming into this country. pulled alongside one of the cruise ves- plies, delivering a huge blow to our sels loaded with passengers, and blew economy at a time when we certainly I am very pleased we have taken this up his vessel and the vessels sur- cannot afford any more economic dis- first step, because what we have done rounding his vessel. That cannot be al- turbances. However, there are other in aviation certainly has been a huge lowed to happen. ports as well in my State, and smaller improvement. Are we finished with This legislation will help the ports do ports throughout our Nation. aviation? No, we are not. But are our the job they need to do. Unfortunately, In my State of Texas we have Corpus airports safer today than they were on we do not have any funding other than Christi, Brownsville, Port Lavaca, Gal- 9/10/01? Yes, they are.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10985 I travel as much as anybody in Amer- there are on five full 747 aircraft. Those I am very surprised by the comments ica, commuting back and forth to my tunnels were built at the turn of the made by the Senator from Delaware. home State every week. I see a signifi- century. They have no escape. They The fact is we did pass out a rail secu- cant difference in the quality of screen- have no lighting. They have no ventila- rity bill. The Senator from Delaware ing with the new Transportation Au- tion. Immediately after the Civil War, wanted to add on billions of dollars for thority personnel. They are trained. the Baltimore tunnel was built for all kinds of assistance to railroads, They are polite. They are doing their freight and passengers. which has had very little to do with se- jobs in a professional way and I am You may remember that a little over curity. I am all for security. But the very proud of that. We need to do more a year ago there was a fire in the Balti- Senator from Delaware and I are and, hopefully, we are going to address more tunnel—just a regular old fire— known for our differences of opinion some of the other aviation needs in the no terrorist act. It shut down Balti- about Amtrak and how much of Amer- very near future. But right now we are more. In that tunnel, there is nothing. ican tax dollars should be spent on Am- addressing a major area of responsi- It was cut through granite in 1869. trak. In fact, it has been about $20 bil- bility for our country and that is the Nothing has been done to that tunnel. lion to $30 billion in the last few years. security of our ports, the people, and Even its signal systems are not ade- We are still subsidizing rail routes to the cargo that comes through our quate. We know this. Contracts have the tune of $200 to $300 per passenger. ports. already been let. We already have the But the fact is the reason we don’t I yield the floor. design. There is no need for design have a rail security bill is because of The PRESIDING OFFICER. The Sen- work. It has already been done. We the desire to add on the bill billions ator from Delaware is recognized. could literally start tomorrow. and billions that have nothing to do Mr. BIDEN. Mr. President, I will be My friend from South Carolina has with rail security. brief. I came over from my committee documented all of this in his hearings. If the Senator from Delaware wants meeting for two reasons. One is to com- He has laid it out in spades. He has to pass our version of the bill which pliment the chairman, the Senator made it clear to everybody. But some- has nothing to do with the additional from South Carolina. Frankly, were it how we just think, OK, rail transpor- billions that are the subject of debate not for his consistent and persistent ef- tation is not very much. It is the ulti- on the transportation bill and other forts on security—port security and, I mate stepchild, both in terms of our bills, that is fine. But the reason we might add, rail security—we would not transportation network and in terms of are making a tragic mistake here is be- be standing here today. There is much security. cause we didn’t move forward just rail to say about this legislation and I am It has been over a year since my security. There was a strong desire by not going to take the time now. friend from South Carolina reported supporters of Amtrak to lard onto it I do want to add one other point. I out a $1.2 billion piece of legislation on billions of dollars of additional spend- am sorry many more of my colleagues, security. I am not even talking about ing having nothing to do with rail se- understandably, are in committee Amtrak—just basic security needs. We curity. meetings right now and are not here to don’t even have dogs available to sniff I look forward to working with the hear this. We are taking the action luggage in cars. There is nothing. Senator from Delaware. They should be that is necessary to deal with a legiti- There is virtually nothing at all. separated. Subsidization forever of Am- mate and real security concern for I just want to say I am not going to trak is not something this Senator will America’s ports. I might add there is be here saying I told you so, because ever support when we subsidize rail more traffic up and down the Delaware that would be unfair. But we are mak- routes, in the case of a line in Wis- River into Philadelphia, with oil traffic ing a serious mistake, totally ignoring consin—recently terminated, thank in particular, than I think almost any what the CIA has publicly pointed out God—at $2,000 per passenger. There is other place in the country. There are a is a targeting concern, and what every- something wrong with the way Amtrak number of refineries in my State and in body knows; that is, the threat of ter- is being subsidized. the neighboring State of Pennsylvania ror and the richness of the targets I look forward to working with the and ports in New Jersey and Pennsyl- available on the rail system. Senator from Delaware. But let us have vania and Delaware. So this is very im- I am all for this port security bill. I no doubt as to why rail security didn’t portant to us. think it is a very positive step forward. pass this floor with this Senator’s en- But equally important to us is rail But I just say to my friends we are dorsement, which is because of the ad- security. My friend, the Presiding Offi- making a tragic mistake having held ditional billions of dollars that were cer, a former Governor, knows about up now for the better part of a year the going to be added onto it. security, what the CIA indicated. I can rail security legislation that was Mr. MCCAIN. Mr. President, that has publicly indicate it. They indicated the passed out of committee and for which nothing to do with rail security. And as most likely target is going to be rail. I think there is a consensus. We can’t incoming chairman of the committee, I Since 9/11, my friend from South Caro- get a vote on it. I think it is a tragic will be glad to review this issue of Am- lina passed out very significant rail se- mistake. trak. We will get the GAO up again, curity legislation—$1.2 billion. It is a Again, this is not in any way sug- and the GAO will talk about the in- clearly documented need and an over- gesting my State is very much im- credible subsidization of Amtrak which whelming concern, listed by the CIA as pacted by this port security legisla- costs American taxpayers billions and a likely target for terrorists—and we tion. We have thousands upon thou- billions of dollars per passenger. That have done nothing on it. We have done sands of containers coming into my lit- is the subject of another day of debate. nothing. tle State. We have major export and But to come on this floor and say I realize it is a bit of a broken record. import of automobiles coming in the that we are making a ‘‘tragic mis- I have been on the floor many times Port of Wilmington. We are within the take,’’ in the words of the Senator speaking to this. But I just say we are shadow of the Port of Philadelphia in from Delaware, by not passing the rail going to rue the day we failed to take Camden. More oil comes up the Dela- security bill, I say it is a tragic mis- the action that has been documented ware River than I think any other estu- take to add billions of dollars of pork which we need to take to enhance the ary, taking care of the Delaware Valley onto rail security when rail security security of our rail system. where there are over 10 million people. should have been the primary and only Let me give you again two examples. I am in no way suggesting we focus of a rail security bill. Then I will cease. But I want the shouldn’t be doing what we are doing. I The PRESIDING OFFICER. The Sen- RECORD to show every day we wait, we am suggesting we are making a tragic ator from Delaware is recognized. are putting thousands of lives in jeop- mistake by not acting on rail security. Mr. BIDEN. Mr. President, I agree ardy. When you say thousands of lives, I yield the floor. this is not the moment for debate on what are you talking about, Senator? The PRESIDING OFFICER. The Sen- that. Let me respond very briefly. Right now, as we speak, there are more ator from Arizona. The bill was $1.2 billion and $900 mil- people in a tunnel on a train under New Mr. MCCAIN. Mr. President, I yield lion was for the tunnels, period. I don’t York City—at this moment—than myself such time as I may take. know where the additional billions of

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10986 CONGRESSIONAL RECORD — SENATE November 14, 2002 dollars come from. OK, $1.2 billion. ably could have and should have done change information and get informa- Subtract $900 million. You are then it last summer. There is no use review- tion. This bill will make sure that au- talking about $300 million. Of that, the ing all of what went into that, but thority is there. money went to a lot of things that re- there is no doubt in my mind that we The bill establishes a national trans- late to dogs, sniffers, and a whole range need to pay attention to port security. portation security card system to con- of additional Amtrak police. We can That is a place where we could have trol personnel access to secure mari- argue about rail signal systems and vulnerability. time terminal areas, including per- other things, which I think are essen- I believe we are making progress in forming background checks on appli- tial. Let us get the numbers straight. using sophisticated technology to cants. Again, I cannot believe we actu- We are talking about $1.2 billion. Usu- begin to address those threats, but, ally did not already have a system such ally what we do when we have billions still, we need to pay attention to this as this in place. I hope the administra- like this is we disagree. We at least area and make sure we are doing all we tion will, and I urge them to, work bring them up and debate them on the can to protect the American people closely with the maritime industry, es- floor. We can’t even get the bill from terrorist attack or exploitation in pecially in those sectors with frequent brought up and debated on the floor. our ports. personnel turnover, such as the inland If my friend from Arizona—and he is The vast majority of the U.S. inter- waterway towing vessel industry, to my friend—is correct about billions of national trade flows through our ports. address their needs for quick approval dollars of subsidization to Amtrak, And I have worried that some enter- of employee access to these secure then I am sure he will prevail when we prising terrorist could put some very areas. We do not want to become an- talk about a security bill. But I re- devastating material on a tramp other bureaucratic nightmare and spectfully suggest that is not the case. steamer or a boat that would come into maze of delay, but this system needs to No. 2, this really is for another day. South Carolina, New York, Baltimore, be put in place. I will just take 2 minutes. or Pascagoula, MS, and have a dev- So I do believe this bill will help us We talk about, for example, the Wis- astating impact on those communities. to assess the effectiveness of our consin line. We do airports. We pay $150 So we need to think through this. antiterrorism measures at foreign Over the past few decades, inter- million a year. I think we added an- ports and to work with those ports to national and domestic port transpor- other $100 million—don’t hold me to improve those measures. It will provide tation systems have responded to ever- that—to go into something like 350 cit- additional funds in this area. It will increasing volumes of two-way trade ies where nobody wants to fly, nobody give the Coast Guard more authority by increasing their efficiency at mov- wants to go. We pay the airlines. We and authorizes more assistance as they ing cargo. The challenge before us, subsidize them to go into Bemidji, MN. deal with marine safety and the mari- though, is to take steps to find out I don’t know where they go—places time policy improvements. what is on those ships, what is in that that no one wants to fly into or out of. So this bill is a good achievement. I cargo. We have to look at the port of We subsidize them with 150 million am glad we are getting it done. It may demarcation. How do we deal with bucks. We do that. We just roll over. wind up being one of only four or five them on the high seas? How do we That is no problem. conference reports on which we do make sure a threat is properly checked At any rate, that is for another day. complete action before we leave at the into or assessed? What do we do once But in the meantime, I hope we will at they get into the ports? end of this session, but this is one of least be able to get to the point where So this is important legislation. It is which we should be proud. we can debate on the floor here the rail not to diminish the threat in all the I commend the chairman, once again, security legislation and not prevent it areas of transportation. We have to for being willing to take my calls and from being discussed on the floor un- think about and review all of them: sit down and say: Can’t we just work less we have what individual Members aviation, trucking, automobiles, points together? We did and we got the re- want in a bill before it even gets to the of entry on land. But this is one area in sults. So I thank you, Mr. Chairman. floor. which we need to take action, and that Mr. HOLLINGS. Will the Senator I yield the floor. is what the legislation does. yield? The PRESIDING OFFICER. The Re- The administration took immediate Mr. LOTT. I yield to the Senator publican leader is recognized. steps to increase the security for our from South Carolina. Mr. LOTT. Mr. President, I would maritime transportation system. The Mr. HOLLINGS. I was asked at a like to briefly speak in support of this Coast Guard dedicated increasing re- news conference yesterday, did we ca- legislation. sources to protecting our ports. The pitulate on account of the elections? I I come from a coastal area. When I Customs Service initiated programs to said no. Under Senator LOTT’s leader- was in the House of Representatives, I improve its awareness of all cargo ship, we capitulated before the elec- served on the Merchant Marine and movements into the United States and tion. You got us together, and I really Fisheries Committee and was a mem- to push its inbound cargo screening ef- thank the Senator on behalf of all of ber of the Commerce Committee. I pay forts out to foreign ports. us. close attention to the maritime indus- The Maritime Transportation Secu- Mr. LOTT. I yield the floor. try and what is happening with our rity Act of 2002, that we are consid- The PRESIDING OFFICER. Who ports and our ships and shipping indus- ering now, provides new direction to yields time? try. the administration and additional au- Mr. HOLLINGS. Mr. President, I I am very pleased to see this legisla- thority so we can deal with this area in yield such time as is necessary to the tion has been brought to the floor. I a comprehensive manner. Senator from New York. commend the chairman of the com- The bill establishes a system of na- The PRESIDING OFFICER. The Sen- mittee, Senator HOLLINGS, and the tional, area, port, and waterfront facil- ator from New York is recognized. ranking member, Senator MCCAIN, as ity and vessel security and response Mr. SCHUMER. Mr. President, I well as others who were involved in planning and involves the State offi- thank our distinguished chairman, our working through some of the difficul- cials, local officials, and Federal offi- distinguished now minority leader, and ties to produce results. Senator STE- cials and industry representatives. our distinguished ranking member for VENS was involved in that, and Con- The bill improves the authority for this legislation of vital importance to gressman YOUNG on the House side. I the Customs Service to collect cargo my community of New York, one of the had more than one conversation with information. It promotes the sharing of largest ports in the world. Senator THOMAS and Senators BAUCUS intelligence information among agen- We all know what the bill does. And and GRASSLEY. cies involved in maritime transpor- all of these things are good steps for- A lot of people worked to help make tation security and close coordination ward. I particularly thank Chairman the production of this legislation pos- of security planning and operations HOLLINGS for his steadfastness on this sible. I must say, I am amazed it took among those agencies. bill. that kind of a heave because this is To me, it is unfathomable that they All of us probably would have wanted such necessary legislation. We prob- could not do that anyway; that is, ex- a little more in this bill, and in a

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10987 minute I am going to talk about one can detect radiation 50 or 60 feet away road, and we couldn’t allow them to do particular area of importance to me. and make them practical; namely, they that because they might be smuggled But one of our jobs here is not to let have to make them smaller because in here. It is not going to be just Iraq. the perfect be the enemy of the good. they are very large, and they have to In our brave new world, our post-9/11 We need to do so much in our ports, make them less delicate because they world, other groups can come up with and this is a good first step. The idea of could bounce around. But imagine if we these devices. It is our solemn obliga- assessing what our problems are, the had such detectors. We could put them tion to do everything we can to prevent idea of having a security identification on every crane that loads or unloads a them from being smuggled in. card, background checks, and all of container. We could put them on every The bill the chairman has sponsored these other things I think are ex- tollbooth that a truck, over the Mexi- is a great first step. I hope with his tremely important in terms of getting can border or Canadian border, drives leadership and that of the Senator the needed technology because the ter- by and prevent a nuclear weapon from from Arizona, who made many sugges- rorists are going to look for our most coming in. And even if these terrorists tions to this part of our bill, that next vulnerable pressure points. were so sophisticated that they sur- year we will move forward to appro- We are doing the job on tightening up rounded the bomb in lead, we put an x priate the necessary dollars to get this air security. I flew in from New York ray next to it, and the x ray could de- done quickly and make our country this morning. I saw the new Federal tect the lead, and we know something safe. people there. It is better. I do not know is up, and we inspect the crate. I yield back the time to the Senator if it is good enough yet, but it is bet- I brought this to the attention of my from South Carolina. ter. But with our ports, we have vir- friend from Virginia, Senator WARNER, Mrs. FEINSTEIN. Mr. President, I tually done nothing. This bill is a very and we introduced legislation that rise today to speak on the Maritime good first step. And, again, I thank our would do just this. We worked long and Transportation Security Act of 2002. chairman. hard to try to get it as part of the I applaud Senator HOLLINGS, Chair- I want to talk about one area, and homeland security bill, but that did man of the Commerce Committee, Sen- that is, the authorizing language is in not happen. But the knight on the ator MCCAIN, the Ranking Member, and the bill we worked on, but, unfortu- white horse in this area was the chair- other members of the Port Security nately, not all the money is there to do man from South Carolina because he Conference Committee for their efforts, it. I will try to alert my colleagues to put the language that we devised, with but I believe this legislation can best this. some suggestions by the Senator from be summed up as ‘‘too little, too late.’’ My great nightmare, as I think of Arizona and some by his own folks, in The Senate passed Port Security how the terrorists would come back this bill. Legislation last December, yet only and strike us again—it might be al- We are now authorized to do research now, almost a year later, is the Con- Qaida; it might be Iraq; but who to figure out a way to detect nuclear gress sending this bill to the President. knows, it could be someone else, devices from 50 or 60 or 70 feet away to Moreover, once this legislation passes, Chechens, East Timorese—but someone prevent—God forbid—somebody from it will be years before the Department takes a nuclear weapon and smuggles bringing in a device. of Transportation and the Department it into one of the containers that come There is only one problem. I regret to of Homeland Security implement effec- into one of our ports over our northern bring this up, but it is true. The Sen- tive security measures at our 361 sea- or southern borders and then detonates ator from South Carolina has made the ports. it in a huge population area. As hor- fight. We need about $250 million to I would have preferred seeing the rible as 9/11 was—and, believe me, I come up with such a device. Unfortu- Conferees embrace other ideas to im- know that horror—this would be much nately, only $90 million is authorized prove port security such as the legisla- worse. for the entire research and develop- tion I introduced with Senators KYL, So we should be doing everything we ment section of this bill. This is not a SNOWE, and HUTCHISON. Instead, the can to make sure our ports are secure frivolous expenditure. This is not pork. Conferees rejected many proposals on and to prevent nuclear weapons from This is vital to our security. being smuggled into our country, par- I am supportive of this bill. I am port security and slimmed down the ticularly in one of the large containers grateful to the chairman. He made the Senate Bill so that it is now one part that come, by the thousands, to our fight. I don’t care if the Government or security and three parts Coast Guard ports on the east coast and west coast the private sector pays for this; some- authorization language that has noth- and the containers that come over our body should be paying for this research ing to do with security. borders. because we don’t want to wake up one I believe Congress ‘‘missed the boat’’ I have talked to experts, and they morning and find a device smuggled with this legislation and squandered an have said there is good news. The good into our country when we can stop it. opportunity to take aggressive action news is that every nuclear device emits That is the frustrating thing. We can to erect a formidable barrier at our gamma rays, and gamma rays go stop it. This is not one of those things seaports. through almost everything, so they are like cancer where we can put billions of We know ports present optimal tar- detectable. Only lead can stop it. And dollars in and hope and pray that re- gets to terrorists. And we know al- that can be dealt with by having an x- search finds a cure and stops the dis- Qaida operatives are coming after us. ray detector there as well. ease. As CIA director George Tenet said re- The good news, in addition, was that We know if we put in the money, cently before the Intelligence Com- at our national energy labs, such as these devices, which already exist, can mittee, of which I am a member: ‘‘al- Brookhaven and Argonne Forest, have be practicalized so they can be put on Qaida is in an execution phase and in- such detection devices that work 50 or every crane and on every toll booth tends to strike us both here and over- 60 feet away. Unfortunately, the bad where a truck with a container comes seas; that’s unambiguous as far as I am news is the only practical commercial over our borders. concerned.’’ device is a Geiger counter. A Geiger I hope when we come back next And this week we learned of a new counter works from 2 or 3 feet away. year—this is hardly a partisan issue; as tape that seems to be by Osama bin And it is virtually impossible for us to I said, it was the Senator from Virginia Laden, which made clear al-Qaida in- send personnel on to every container and myself who spearheaded this—that tends to go after us again soon. that comes to our ports or across our we will put new effort into authorizing The October 2002 report by Gary Hart borders and hold that Geiger counter a and appropriating a few more dollars so and Warren Rudman demonstrates that couple of inches from each of the scores the research that needs to be done to our ports remain especially vulnerable of crates that are on each container. make us nuclear secure is done. even more than a year after September As I talked further to these experts, I supported our President’s motion 11. The report points out, ‘‘Only the they said, for a relatively small sum, for the war on Iraq. One of the reasons tiniest percentage of containers, ships, they could take the radiation detectors I did was I was afraid that Iraq would trucks, and trains that enter the that now exist in our cyclotrons and develop nuclear weapons down the United States each day are subject to

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10988 CONGRESSIONAL RECORD — SENATE November 14, 2002 examination, and a weapon of mass de- focus more on antiterrorism, I believe such as the requirement for all workers struction could well be hidden among the Conferees could have taken more in a secure area of the port to have a this cargo.’’ aggressive action to improve the bill. transportation security card and I sup- The Hart-Rudman report rec- I would like to cite a few examples to port the $15 million annual authoriza- ommends revising transportation secu- show how this Conference Report is tion for 5 years to fund research and rity because ‘‘the vulnerabilities are weaker than the Comprehensive Sea- development efforts. greater and the stakes are higher in port and Container Security Act I have I thank Senator HOLLINGS, Senator the sea and land modes than in com- introduced. MCCAIN, and other members of the mercial aviation. Systems such as The Feinstein-Kyl-Snowe-Hutchison Commerce Committee for the work those used in the aviation sector, port security bill establishes a com- they have done on this important which start from the assumption that prehensive risk profiling plan for the issue. every passenger and every bag of lug- Customs Service to focus their limited I look forward to continue to work gage poses an equal risk, must give inspection capabilities on high-risk with the chairman and ranking mem- way to more intelligence-driven and cargo containers. ber of the Commerce Committee to ad- layered security approaches that em- However, the only mention of such a dress the threats to our ports. I believe phasize prescreening and monitoring plan in the Maritime Security Act con- additional legislation will be essential based on risk-criteria.’’ ference report is this paragraph of re- to follow up on this security bill. We Since we cannot inspect every ship port language: ‘‘A vessel screening sys- must be better prepared for a terrorist and every container, I introduced the tem which provides shipping intel- attack than we were last year. ‘‘Comprehensive Seaport and Container ligence and analysis can be utilized to Mr. KERRY. Mr. President, I would Security Act’’ earlier this year to es- identify those vessels requiring close like to take this opportunity to con- tablish a system for container inspection by the Coast Guard and gratulate Senator HOLLINGS and Sen- profiling. The Feinstein-Kyl-Snowe- other agencies. We urge the Coast ator MCCAIN the Chairman and Rank- Hutchison Port Security Bill would Guard and port authorities to include ing Member of the Commerce Com- also push U.S. security scrutiny be- vessel risk profiling in their enhanced mittee for reaching an agreement with yond our Nation’s borders to intercept security procedures.’’ the House on the Maritime Transpor- tation and Security Act of 2002, S. 1214. cargo before it arrives near America’s The Feinstein-Kyl-Snowe-Hutchison I am proud to have served as a conferee shores. port security bill strengthens U.S. se- This complements the strategy Cus- curity scrutiny beyond our Nation’s on this very important legislation that toms Commissioner Robert C. Bonner borders to monitor and inspect cargo will significantly improve security in is in the process of implementing. To and containers before they arrive on our Nations seaports. In addition the bill would reauthorize the Coast Guard, prevent a weapon of mass destruction America’s shores. a major component in improving secu- from getting to the U.S. in the first However, the conferees of this Mari- time Transportation Security Act only rity in our ports and harbors. place, Customs has entered into formal As Chairman of the Oceans, Fisheries required foreign ports to be evaluated agreements with a handful of foreign and Atmosphere Subcommittee, I had and authorized a program for U.S. offi- governments to station U.S. inspectors the opportunity to chair an oversight cials to train foreign security officers at ports overseas to profile high risk hearing on the Coast Guard’s role in cargo and target suspicious shipments abroad. improving maritime security after the The Feinstein-Kyl-Snowe-Hutchison for inspection. terrible attacks of September 11. As The Customs Service is working to port security bill imposes steep mone- Senators HOLLINGS and MCCAIN well put groups of U.S. experts at the top 20 tary sanctions and criminal penalties know, even before September 11, our ports as soon as possible and they are for incorrect cargo manifest informa- maritime and port security was in moving at an impressive pace. tion or failure to comply with filing re- sorry shape. Hitting the 20 port threshold is essen- quirements. I wish to thank Chairman HOLLINGS tial because together, these ports ac- However, the conferees of this Mari- for including three provisions from S. count for approximately 70 percent of time Transportation Security Act only 1587, the Port Threat and Security Act, the 5.7 million containers shipped by authorized civil penalties of up to which I introduced last year in order to sea to the U.S. annually. $25,000 for a violation. improve safety and security in our na- We have known for a long time that The Feinstein-Kyl-Snowe-Hutchison tions ports. America’s ports needed an extensive se- port security bill requires the Trans- The first provision requires an an- curity strategy and upgrade. In the fall portation Security Administration to nual report to the Congress that would of 2000, a comprehensive report was set standards to ensure each port has a list those nations whose vessels the issued by the ‘‘Interagency Commis- secure perimeter, secure parking facili- Coast Guard has found would pose a sion on Crime and Security in U.S. ties, controlled points of access into risk to our ports, or that have pre- Seaports.’’ I testified before the Com- the port, sufficient lighting, buildings sented our government with false, par- mission and I believe the group’s report with secure doors and windows and an tial, or fraudulent information con- serves as a very thorough primer on alarm. cerning cargo manifests, crew identity, seaport security issues. However, the conferees of this Mari- or registration of the vessel. In addi- While often out of the public eye, time Transportation Security Act only tion the report would identify nations ports across the United States are our required vulnerability assessments and that do not exercise adequate control nation’s economic gateways. Every a National Maritime Transportation over their vessel registration and own- year U.S. ports handle over 800 million Security Plan. ership procedures, particularly with re- tons of cargo valued at approximately The Feinstein-Kyl-Snowe-Hutchison spect to security issues. We need hard $600 billion. Excluding trade with Mex- port security bill requires the use of information like this if we are to force ico and Canada, America’s ports handle high security seals and electronic tags ‘‘flag of convenience’’ nations from 95 percent of U.S. trade. Two of the on all containers coming into the U.S. providing cover to criminals and ter- busiest ports in the nation are in Cali- and requires empty containers destined rorists. This is very important as fornia, at Los Angeles / Long Beach for U.S. ports to be sealed. Osama bin Laden has used flags of con- and at Oakland. However, the conferees of this Mari- venience to hide his ownership in var- S. 1214, the Senate-passed bill written time Transportation Security Act only ious international shipping interests. by Chairman HOLLINGS and members of mandated the development of perform- In 1998, one of bin Laden’s cargo the Commerce Committee, was drafted ance standards for seals and locks on freighters unloaded supplies in Kenya before the September 11 terrorist at- cargo containers. for the suicide bombers who later de- tacks to incorporate the recommenda- I have pointed out several areas stroyed the embassies in Kenya and tions made by the Interagency Com- where I believe the Conferees could Tanzania. mission into law. While changes were have taken more aggressive steps, but I Also included from S. 1587, was my made to this legislation before the Sen- do want to endorse many of the secu- proposal on Sea Marshals. Sea Mar- ate passed it in December of 2001 to rity measures in this conference report shals would be authorized to be used on

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10989 vessels as well as shore facilities both by any other federal agency. It is the in the wake of September 11. Frankly, private and public to ensure safe trans- only U.S. military service with domes- I think it is regrettable that it has portation of high interest vessels into tic law enforcement authority. It has taken us this long to get to this point. our ports, such as liquefied natural gas the primary responsibility of enforcing After all, like aviation security, port tankers and cruise ships. In Boston we U.S. fisheries laws, carrying out drug security is national security, and it have an LNG facility in the middle of interdiction at sea, and protecting the must now be viewed as such. We have Boston Harbor. Obviously we need in- marine environment against pollution. to assume that every facet of our creased security each time an LNG I want to make it clear that all of transportation system remains a tar- tanker offloads natural gas. Prior to these missions are important. And get for terrorism. Last year, we moved September 11 these vessels were es- these traditional missions are suffering swiftly in an effort to close many of corted by Coast Guard vessels into the from resource constraints. the gaps in our aviation security sys- port but no armed guards were present This bill would also increase author- tem, but we still have a long way to go on the vessel. I strongly believe that ization for Coast Guard personnel from on port and maritime security. having armed personnel, such as sea approximately 35,000 today, which is We cannot underestimate the impor- marshals, on these high interest ves- roughly the size of the New York City tance of this issue. A terrorist attack sels is very important and will consid- Police Department to 45,500 by the end at a major port could cost countless erably increase security in our Na- of this fiscal year. lives and have a devastating impact on tion’s ports, including Boston. The This bill would authorize $4.3 billion the national and global economy. As ability of terrorists to board a vessel for operating expenses in FY2003. Oper- U.S. Customs Service Commissioner and cause a deliberate release of LNG ating expenses cover all of the various Robert Bonner said recently, ‘‘if terror- or gasoline for that matter is very real. activities of the Coast Guard, from ists used a sea container to conceal a Sea marshals will make it much more boater safety and drug interdiction to weapon of mass destruction and deto- difficult for this to happen. In addition, port security, and adequate authoriza- nated it on arrival at a port, the im- this legislation would require a feasi- tion is necessary to ensure that all of pact on global trade and the global bility study to determine the potential these Coast Guard operations can be economy could be immediate and dev- to use other Federal, State or local law carried out effectively. astating—all nations would be af- enforcement personnel as well as docu- This bill would also authorize $725 fected.’’ At the same time, the 2000 mented United States Merchant Ma- million in FY2003 for acquisition, con- interagency commission report found rine personnel as sea marshals in the struction, and improvement of equip- the state of security in U.S. seaports future. ment and facilities. Most of this fund- Finally, this legislation includes a generally ranges from poor to fair. ing will be used to fund the Deepwater provision that would require the ad- Remember, our ports link us to the Project, a long overdue modernization ministration to begin a vigorous for- world. They serve a crucial purpose. of the Coast Guard’s Deepwater assets. eign port threat assessment program. They give us access to global markets. The Coast Guard is the world’s 7th Inspectors would evaluate the effec- Ships carry goods totaling 95 percent of largest navy yet they operate a fleet of tiveness of security practices in both our foreign trade, excluding that with ships that rank 39th in age out of the cargo and passenger terminals around Canada and Mexico. Furthermore, the the world. This legislation allows the world’s 41 maritime fleets. The Coast volume of goods passing through our United States to prohibit any vessel Guard is operating World War II-era ports is expected to double in the next from entering the United States if the cutters in the deepwater environment 20 years. United States waters also sus- vessel has embarked passengers or to perform crucial environmental pro- tain a $24 billion commercial fishing cargo from foreign ports that do not tection, national defense, and law en- industry and a $71 billion recreational have adequate security measures as de- forcement missions. In addition, Coast and tourism industry. termined by our port threat assess- Guard aircraft, which are operated in a As a member of the Senate Com- ment teams. Last year, inspectors in maintenance-intensive salt water envi- mittee on Commerce, Science, and Italy checking a container bound for ronment, are reaching the end of their Transportation and the port security Canada discovered a member of the al- useful lives as well. Besides high oper- conference committee, I am aware of Qaida terrorist organization hiding in a ating costs, these assets are techno- the important responsibility we have shipping container equipped with a bed logically and operationally obsolete. to turn this situation around. And we and makeshift bathroom. The suspect, The Deepwater program will not only can only achieve this with a com- an Egyptian in a business suit, had reduce operational and maintenance prehensive, exhaustive approach that with him a Canadian passport, a laptop costs, but will significantly improve recognizes that the entire system is computer, two cell phones, airport upon current command and control ca- only as strong as its weakest link. maps, security passes for airports in pabilities in the deepwater environ- The conference report before us three countries and a certificate pro- ment. I am delighted to see this pro- today represents a multifaceted ap- claiming him an airplane mechanic. We gram moving forward. proach that runs the gamut and sets simply cannot allow any country to Every day on average, the Coast the stage for a complete reevaluation have such poor security such that ter- Guard saves 14 lives, seizes 209 pounds of port security from the ground up. rorists can stow away in a shipping of marijuana and 170 pounds of cocaine, We have an incredible amount of col- container. and saves $2.5 million in property. lective talent and experience in this As I mentioned earlier this bill would Through boater safety programs and country, and I hope that it can all be also reauthorize the Coast Guard. The maintenance of an extensive network brought together to effect the kind of events of September 11 resulted in a of aids to navigation, the Coast Guard changes we need to fix the deficiencies new normalcy for the Coast Guard as protects thousands of other people en- brought tragically home by 9/11. port security and homeland defense gaged in coastwise trade, commercial First and foremost, it is vital that we missions rose to the forefront and our fishing activities, and recreational ensure that the sum total of the knowl- country realized the security short- boating. In addition, the Coast Guard edge and resources of Federal, State, comings in our ports. This legislation has a role to play in Homeland Defense. and local governments are brought to recognizes this fact and authorizes It is vitally important that we ade- bear to both prevent disasters and re- nearly $6 billion for the Coast Guard in quately fund and staff all of the mis- spond to them. In that light, coordina- 2003. Obviously this country needs a sions of the Coast Guard. This legislation is critical, and the measure before viable and robust Coast Guard to safe- tion, while not as generous as many of us today provides for greater coordina- guard our ports, and to ensure that us would like, is a step in the right dition in this regard. In the wake of the commerce and trade can continue to rection. September 11 attacks, we saw out- occur in our ports, safely, efficiently Ms. SNOWE. Mr. President, I rise standing responses at the local level, and most importantly without ter- today in support of the legislation be- but these actions were ad hoc—there rorist incident. fore the Senate which is designed to were no national, standardized direc- At the same time, the Coast Guard overhaul port security in this Nation. tives that could have been quickly dis- also has unique missions not covered Port security is a national imperative seminated and uniformly understood

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10990 CONGRESSIONAL RECORD — SENATE November 14, 2002 and applied—in contrast to the FAA di- on Oceans, Atmosphere, and Fisheries, portant agreement that my fellow con- rective to ground all planes, which was I am please that this conference agree- ferees and I achieved in the conference enormously successful. ment includes provisions from my on the Port and Maritime Security bill. Well, I do not think there is any Coast Guard authorization bill. The For many months, our staffs have doubt we can no longer afford such a conference report will provide the worked tirelessly to help us reach an piecemeal approach—if we are talking Coast Guard with the funding and per- agreement that meets the needs of se- about our national security, which we sonnel authorization levels it needs as curity while allowing commerce to are, we are talking about the need to well as over 30 other provisions impor- flourish. This bipartisan legislation establish a national response. tant to the Coast Guard and the mari- strikes a good balance between secu- To confront the challenge of ter- time community. This is the first time rity and trade, and I’m glad to see that rorism aimed at our maritime sector, the Coast Guard has had an authoriza- it will be headed for the President’s we need better information, better in- tion bill since 1998 and it was drafted to desk. formation sharing, and more coordina- provide the Coast Guard with the tools This legislation, of which I am an tion. We need to enhance our ability to it needs to operate in our post-Sep- original cosponsor, aims to protect track cargo, and know what is being tember 11 reality. U.S. ports against terrorist attacks. moved, with more inspectors, and im- The legislation provides a 1-year au- The safer Oregon’s ports are, the more proved technology. And we need strin- thorization for the Coast Guard to re- prosperous they will be. I am also gent international standards, so we flect the agency’s changing priorities pleased to see that many programs im- stop terrorist plots before they reach since September 11, including author- portant to Oregon will continue to our shores. ization for $1 billion in new funding, as thrive. These programs play a critical Security coordination between Fed- President Bush proposed in Portland, role in supporting Oregon’s commerce eral, State, and local authorities has ME in February, and the authority to and ports, which support 1 in 7 jobs in been one of my top priorities in the hire 5,500 new personnel to meet both the State. The Maritime Fire Safety aftermath of September 11, and I am its new homeland security needs as Association on the Lower Columbia pleased that the conference report well as carry out its other traditional will continue its important work along greatly enhances coordination with re- missions. with the important Coast Guard sta- spect to port security. The bill requires This bill also includes numerous tions that maintain safety and manage comprehensive security and incident measures which will improve the Coast fisheries for communities on the Co- response plans for the Nation’s 361 Guard’s ability to recruit, reward, and lumbia River and along Oregon’s coast. commercial seaports. It also estab- retain high-quality personnel. It ad- In addition to safeguards for Oregon lishes a national maritime security dresses various Coast Guard personnel businesses, I am also pleased that the committee and local maritime security management and quality of life issues agreement recognizes the important committees at each local port to better such as promotions, retention, housing environmental laws that help maintain coordinate efforts and share critical in- authorities, and education. our State’s environmental treasures Last year alone, the Coast Guard re- formation and intelligence. and will continue to protect Oregon’s sponded to over 40,000 calls for assist- I am particularly pleased that the ocean and coastal environment. conference report includes provisions ance, assisted $1.4 billion in property, I especially want to commend Chair- and saved 3,355 lives. These brave men that build on legislation I introduced man HOLLINGS for his perseverance on last fall to require ships to electroni- and women risk their lives to defend this legislation, and I thank my fellow cally send their cargo manifests to a our borders from drugs, illegal immi- conferees for their hard work on this grants, and other national security port before gaining clearance to enter. important bill. threats. In 2001, the Coast Guard seized The port security conference report ex- Mr. BIDEN. Mr. President, today, the a record 132,920 pounds of cocaine and pands on cargo security measures con- Senate will consider and approve a 50,000 pounds of marijuana, preventing tained in the Trade Act of 2002 by re- final agreement on maritime and sea- these substances from reaching our quiring that cargo and crew member port security. This important legisla- streets and playgrounds. they also information be relayed to port security tion will address critical security stopped 4,210 illegal migrants from authorities prior to a cargo carrier’s issues at America’s seaports, and I rise reaching our shores. They conducted arrival in the United States. The U.S. to applaud the efforts of Chairman patrols to protect our vital fisheries Customs Service would determine how HOLLINGS and my other colleagues who stocks and they responded to over served on the conference committee far in advance to require such pre-ar- 11,000 pollution incidents. rival information. And in the wake of September 11, the that brokered this historic agreement. Conference negotiations always in- The bill will also provide grants to men and women of the Coast Guard volve a delicate dance of give-and-take. local port security authorities, as well have been working harder than ever in In this case, the conferees have been as $15 million annually during fiscal the service’s largest peacetime port se- true to the intent and spirit of the years 2003 through 2008 for research and curity operation since World War II. originally passed legislation. They development grants for port security. I These operations are all critical to de- have retained important improve- have seen firsthand how important fending our country, protecting our ments, including a requirement that these port security grants are. In my borders, preserving our environment, home State of Maine, the city of Port- saving lives, and ensuring commerce ports develop terrorism response plans; land recently received a Federal grant moves safely through our waters. the creation of a coordinated maritime of $175,000 for port security upgrades. As a conferee on this bill, I am proud intelligence system; and a mandate However, the fact is that ports in of the work we have done, and that we that the U.S. Department of Transpor- Maine and across the country still need are sending a strong and meaningful tation conduct background checks of additional security-related funding. port security bill to the President. We port workers and require worker iden- The conference report also addresses know full well that the world has tification cards. As important, the the complex issue of access to secure changed, and seaport security cannot agreement reflects some of the prior- areas of a port by requiring the Sec- be taken for granted. We also know ities I advanced in my own port secu- retary of Transportation to design a that our transportation system must rity legislation—including enhanced comprehensive credentialing process be secure if we are to move the Nation requirements for the electronic sub- for port workers. The bill establishes a forward, and also ensure that we are in mission of cargo information and the national standard for biometric secu- a position of strength to be able to development of a uniform system for rity cards for transportation workers, wage the kind of war necessary to securing containers destined for the and would allow the Secretary to de- eradicate terrorism. United States. This legislation, while termine whether an individual posed So I urge all my colleagues to offer a not a cure-all, constitutes a substan- enough of a security risk to be denied strong show up support for this impor- tial improvement over the current se- an identification card. tant legislation. curity situation at many of our Na- Finally, as ranking member of the Mr. WYDEN. Mr. President, I rise to tion’s ports, and I proudly cast my vote commerce Committee’s Subcommittee express my strong support for the im- in favor of it.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10991 That said, passage of this legislation rorism, I consider this bill to be one of carry out that training and education. should not lessen our resolve to remain utmost importance. It also mandates for the first time, the vigilant in our efforts to protect Amer- Most terrorist attacks around the development by ports, facilities, and ica’s seaports. Each year, an estimated world target transportation, and the vessels, of comprehensive security and 11 million containers worldwide are Nation’s 361 seaports, 14 of which are in incident response plans. loaded and unloaded at least 10 times. Florida, are especially vulnerable. Our Unfortunately, the final version of The U.S. marine transportation system seaports are open and exposed to acts this legislation does not include a dedi- alone moves more than 2 billion tons of of terrorism as well as to drug traf- cated funding source necessary to domestic and international freight and ficking, cargo theft, and especially im- carry out the needed security meas- imports 3.3 billion tons of oil. Surpris- portant to Florida, the smuggling of il- ures. The grant program it establishes ingly, notwithstanding the magnitude legal immigrants. The fact that many will help fund some of the security en- of cargo transported by sea, there ex- of our ports are located in and around hancements, but there must be more ists no uniform or mandatory stand- large urban areas makes the security funding allocated to individual sea- ards for security at leading facilities, of the seaports of paramount impor- ports. Florida has already spent more no uniform or mandatory system of tance. The extreme vulnerability of the than $7 million securing our 14 deep- sealing containers, and no independent urban areas in and around seaports was water seaports. Florida needs more checks to ensure that basic safeguards underscored recently by the fishing Federal funding to comply with the are undertaken. boat that eluded Coast Guard interdic- mandated security measures of this In order to remedy these gaps in our tion and arrived just off the shores of bill. We must also ensure that ports current security scheme, there remains Key Biscayne, FL, carrying a large that have already spent substantial much work to be done. As I have sug- number of Haitian immigrants. Had amounts of funding on security meas- gested, we should recalibrate our trans- this boat carried terrorists or dan- ures are reimbursed for those improve- portation agenda to focus more gerous cargo, a tragedy might have oc- ments. Without a dedicated funding sequarely on threats to sea and land. curred. source, it is hard to see how we will We should adopt stiffer criminal pen- A terrorist attack at our seaports achieve the high level of security at alties, including enhanced penalties for would produce devastating effects both our seaports envisioned by this bill. noncompliance with certain reporting in terms of loss of life and in economic No one deserves more credit for the requirements; continue to explore poli- disruption. Florida’s seaports play a passage of this important legislation cies and technologies that will ensure critical role in our national, State, and than my good friend and colleague Sen- container security—shockingly, as an local economies. Florida’s seaports are ator BOB GRAHAM. It is an important independent task force recently ob- major gateways of commerce for the step forward to securing our seaports served, most containers are now seated flow of goods and passengers along the and making our nation safer. But, as with a 50-cent lead tag—make sure Nation’s and Florida’s transportation Senator BOB GRAHAM has said, we have that border agents are trained and corridors of commerce. Florida ranks much more to do. I look forward to equipped to detect threats like nuclear fourth in the Nation’s total container working with him and my colleagues devices, which would easily be con- movements, and is home to four of the on the Commerce Committee to take cealed in the mass of uninspected cargo major container ports in the country. the next steps in making our seaports that enters the United States each day; Florida has the top three busiest safe. work in partnership with the trade cruise ports in the world. Approxi- Mr. MCCAIN. How much time re- community to ensure appropriate data mately twelve million passengers em- mains on both sides? security; and provide for proper data barked or disembarked at Florida sea- The PRESIDING OFFICER (Mr. collection and reporting systems that ports during 2001 and approximately 80 BINGAMAN). The Senator from South capture the magnitude of serious crime percent of those passengers were U.S. Carolina controls 17 minutes; the Sen- at seaports and related facilities. citizens. The security of the Nation’s ator from Arizona, 111⁄2. Let there be no doubt about it: this seaports is crucial to the future of the Mr. MCCAIN. Mr. President, I am legislation provides no reprieve from cruise tourism industry. glad to yield some of my time to the our obligation to safeguard the home- Although Florida has the largest Senator from South Carolina, if he land. The task will be difficult and re- international water border in the con- needs it. quires dogged perseverance, but the tinental U.S., and thus the largest Fed- Mr. HOLLINGS. I appreciate it. building blocks are before us. More- eral maritime domain of any State in Let me thank the distinguished Sen- over, we know what we must do: first, the continental U.S., Florida’s seaports ator from New York. He is right as we must have solid intelligence to receive very limited Federal law en- rain. We did not get adequate funds. identify and track our enemies; second, forcement resources, and no Federal That was a struggle over on the House we must erect the proper barriers and funding for security infrastructure to side. That was the Gordian knot bro- preventive strategies to keep weapons provide the security controls necessary ken by our distinguished minority and other instruments of destruction to protect themselves from threats of leader, Senator TRENT LOTT. But we out of their hands; third, if those strat- large-scale terrorism, cargo theft, drug are going to have to find not only the egies fail, we must be prepared and able trafficking, and the smuggling of con- money for the research, we will have to to stop any threat before it arrives on traband and aliens. The increased find about $4 billion at least to imple- our shores; and fourth, as a fail-stop threat of terrorism at our borders de- ment this measure. measure, we must have the capacity to mands that action be taken imme- I thank the Senator from New York. detect and destroy any threat that diately. I particularly thank the Senator and makes its way to our borders. No mat- This legislation lays out important chairman of our subcommittee, Sen- ter what your political stripe or special security measures that must be taken ator BREAUX. We had those six field interest, those basic principles must to ensure the safety and security of our hearings. We had the Director of Cus- guide our fundamental strategy. And seaports. It significantly increases toms there. We had the Commandant of this legislation moves us substantially funding for the Coast Guard to $6 bil- the Coast Guard. They were very com- in that direction. I am committed to lion in fiscal year 2003. It also author- prehensive hearings with limited time. continuing to work aggressively on izes $90 million in research and devel- I can tell you now, we saw at one par- these issues in the 108th Congress and opment grants to improve our ability ticular port a Ford pickup truck back invite my colleagues on both sides of to screen cargo for dangerous contra- out of that container, and another con- the aisle to join me. band, to detect unauthorized people or tainer that we happened upon had a Mr. NELSON of Florida. Mr. Presi- goods from entering through seaports, bunch of mahogany desks from Mexico dent, I rise in support of the Maritime and to secure access to sensitive areas that we didn’t see at the particular Transportation Security Act of 2002. Of of our ports. This bill also mandates time. But later on up in Delaware, the all of the important legislation we the development of standards for train- Philadelphia area, it was opened up. It have worked on this year to protect ing Federal, State, and private security was all full of cocaine. So we made a our Nation from further acts of ter- professionals and provides funding to good raid at one of those hearings.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10992 CONGRESSIONAL RECORD — SENATE November 14, 2002 Otherwise, the chairman on the $254 million for safety and security im- airports, or even rail security, given House side, Mr. DON YOUNG, and his provements. the hundreds of thousands of con- ranking member, JIM OBERSTAR, That bill I supported and worked tainers that come through these ports worked around the clock. They had to through the committee and would sup- on a daily basis, and how vital they are feel like we had over on the Senate side port it, even though over 50 percent of to the economy of the United States, to take care of this with the user fee. it goes for just three areas: New York, as we found out in the slowdown/strike But we just couldn’t get the support on Baltimore, and Washington, DC. But in the west coast ports recently. the House side. We are only here on ac- that is where tunnels that need work So I again thank all involved. I also count of the leadership of Chairman are located. thank our friends in the other body, YOUNG and Congressman OBERSTAR. We I was referring also to S. 1991, which the House, and also for the involve- had Senator TED STEVENS reconciling a is the Amtrak reauthorization, which ment of the administration. good bit of the differences from time to calls for $4 billion annually and also in- Mr. President, I yield whatever re- time. And in the financial area, we had cludes the provisions of S. 1550. Holds maining time I have to the Senator Senator BOB GRAHAM and Chairman were put on S. 1550. I do not support S. from South Carolina. CHUCK GRASSLEY of the Finance Com- 1991 because it authorizes as much as $4 Mr. HOLLINGS. I thank the distin- mittee who worked with us. billion annually. guished Senator from Arizona. I am I think we ought to understand that The Senator from Delaware always glad to hear him say we are going to this, for the first time, requires a na- talks about the fact that we subsidize work together on port security and the tional maritime security plan. As part aviation projects. We do. We do pri- reauthorization of Amtrak because of the plan, each regional area would marily through user fees. There are no that is vital. I think if the leader here, be required to have a security plan. It user fees that are imposed on the rail- the Senator from Nevada, and the requires for the first time ever that all ways of America and Amtrak. other side are ready, we can yield back waterfront facilities and vessels have a I am pleased with some of the actions time and proceed to the vote. I yield security plan that would have to be re- that have been taken by the new re- back any time I may have. I thank the viewed and approved by the Coast gime over at Amtrak. The new chair- Senator from Arizona. Guard. It requires for the first time man is doing a much better job in mak- The PRESIDING OFFICER. The Sen- ever that the Government will do as- ing some very tough decisions. ator from Nevada. sessments of security at our ports, and I look forward to working with the Mr. REID. The Senator from Arizona these reports would be the basis for Senators from Delaware. The junior and the Senator from South Carolina port security planners. The security re- Senator from Delaware, Mr. CARPER, yielded back their time. I think it is quirements will be implemented in- has been very committed and involved appropriate to start the vote a couple stantly after review by the Coast in the project. I look forward to work- minutes early. Guard, and the act would be fully im- ing with him and Senator HOLLINGS. A The PRESIDING OFFICER. If all plemented within 1 year. top priority will be, in my view, rail se- time is yielded back, the question is on We have background checks on all of curity; we should pass it. agreeing to the conference report. The the employees. We have the develop- I want to make it clear I don’t be- yeas and nays have been ordered. The ment of technology for seaport secu- lieve other extraneous projects should clerk will call the roll. rity, the maritime intelligence system; be associated with it. The Amtrak re- The legislative clerk called the roll. that requires tracking of vessels authorization should be taken up on its Mr. REID. I announce that the Sen- through satellite legal authority over merits or demerits. But I hope we can ator from Hawaii (Mr. INOUYE), the territorial waters, advanced reporting move forward with S. 1550, the rail se- Senator from Massachusetts (Mr. KEN- requirements for vessels and cargo. curity bill. Holds have been put on the NEDY), the Senator from Louisiana (Ms. And one final word: We did work with bill. It has received my support, as well LANDRIEU), and the Senator from New the unions in this particular measure. as that of the distinguished chairman Jersey (Mr. TORRICELLI) are necessarily The White House, the unions, the Re- of the committee. absent. publicans, the Democrats, the House, The issue of Amtrak rail security is Mr. NICKLES. I announce that the the Senate worked out those back- of prime importance. The issue of the Senator from North Carolina (Mr. ground checks on union employees. So future of Amtrak is also of significant HELMS) is necessarily absent. when we got together and much has importance—not as important as that The PRESIDING OFFICER (Mr. CAR- been said that on the homeland secu- of rail security. I look forward to work- PER). Are there any other Senators in rity bill that was the holdup—we ing with Senator HOLLINGS and the the Chamber desiring to vote? worked out a very comprehensive sys- Senators from Delaware and the mem- The result was announced—yeas 95, tem that was approved by all and will bers of the committee, including Sen- nays 0, as follows: ator BREAUX, as we try to work give security to our port facilities. [Rollcall Vote No. 243 Leg.] I thank the distinguished Senator through this whole issue of the future YEAS—95 from Arizona for his courtesy in yield- of Amtrak. There are a number of different kinds of proposals, and Mr. Ken Akaka Crapo Kerry ing and his leadership on this par- Allard Daschle Kohl ticular measure. Mead of GAO, under whose responsibil- Allen Dayton Kyl The PRESIDING OFFICER. The Sen- ities Amtrak lies, is one to whom all of Barkley DeWine Leahy ator from Arizona controls the remain- us pay a great deal of attention. Baucus Dodd Levin Finally, I again thank Senator HOL- Bayh Domenici Lieberman der of the time. Bennett Dorgan Lincoln Mr. MCCAIN. Mr. President, I want LINGS for his leadership on this very Biden Durbin Lott to go back for a moment to the discus- important legislation. I don’t think Bingaman Edwards Lugar sion I had with the Senator from there is any doubt in the minds of most Bond Ensign McCain Boxer Enzi McConnell Delware concerning rail security. safety and security experts that port Breaux Feingold Mikulski First of all, I agree with the Senator security is an area of significant vul- Brownback Feinstein Miller from Delaware. We need absolutely to nerability. We hold no illusions there Bunning Fitzgerald Murkowski pass that legislation, particularly now will be immediate confidence that we Burns Frist Murray Byrd Graham Nelson (FL) that we have acted on airport and port can have security in the airports of Campbell Gramm Nelson (NE) security. Rail security is obviously a America, but I am confident that the Cantwell Grassley Nickles very critical item. My point was that implementation of this legislation, Carnahan Gregg Reed Carper Hagel Reid there are two bills: One is S. 1550, the over time, will provide Americans, to a Chafee Harkin Roberts rail security bill, which provides $1.7 large extent, with the security and Cleland Hatch Rockefeller billion, $515 million for Amtrak sys- safety that is necessary in the ports of Clinton Hollings Santorum temwide security, and then $998 million America. Cochran Hutchinson Sarbanes Collins Hutchison Schumer for tunnel life safety projects in New In some ways, you can argue that the Conrad Inhofe Sessions York, Baltimore, and Washington, DC, way the ports operate in America, the Corzine Jeffords Shelby which comes up to $998 million, and challenges are even greater than at the Craig Johnson Smith (NH)

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10993 Smith (OR) Stevens Voinovich someone wants to give to a charitable the President strongly supports. He be- Snowe Thomas Warner organization, and you want to give it lieves we need to get this money out Specter Thompson Wyden Stabenow Thurmond out of your IRA, you have to pay taxes into communities to try to help those and penalties. This allows for a dis- in need in our society. NOT VOTING—5 tribution from people who have money We have been working with Senator Helms Kennedy Torricelli in their IRA’s who have a desire to give DASCHLE. I thank Senator DASCHLE and Inouye Landrieu to charitable organizations. We will Senator REID for their good-faith effort The conference report was agreed to. allow them to do that, liberating hun- to try to move this legislation forward. Mr. HOLLINGS. I move to reconsider dreds of millions and billions of dollars As many here in the Chamber know, the vote. to faith-based organizations. Senator DASCHLE said publicly over Mr. BYRD. I move to lay that motion This is legislation designed in re- and over, over the past couple of years, on the table. sponse to 9/11 and the recession we he would give the President a vote on The motion to lay on the table was have been going through to try to tar- this initiative, which is just a piece of agreed to. get resources to these small, charitable the President’s faith-based initiative. The PRESIDING OFFICER. The Sen- organizations; to try to get moderate- He has worked diligently to try to ator from Pennsylvania. or low-income individuals the oppor- make that happen. f tunity to deduct the charitable con- We have been hotlining a unanimous CHARITY AID RECOVERY AND tributions. One of the ways it is paid consent agreement. The unanimous EMPOWERMENT ACT OF 2002 for is through corporate inversion. I consent agreement would allow for four argue we are nailing corporations that Democrat amendments on the sub- Mr. SANTORUM. I thank the Pre- are moving their operations out of the stance of the legislation, attacking the siding Officer. I appreciate the oppor- United States and avoiding taxes. We substance of the legislation, and one tunity to speak. I am prepared to offer are taking money that could be raised Republican amendment. a unanimous consent on the CARE Act, by these corporate inversion provisions I want to repeat we are allowing the which is the act that passed out of the and channeling it to those most in need Democrat side four amendments and Finance Committee 147 days ago. It is in our society. we have accepted it on our side. We the Charity Aid Recovery and Em- That is what the legislation does. hotlined it this week. There is no ob- powerment Act of 2002. I will let the There is one other provision I make jection on our side of the aisle to giv- Members know what the legislation clear. There is equal treatment lan- ing four times as many amendments to does, and then I will ask unanimous guage in this legislation. Let me state the Democrats as we have on this side. consent to consider the legislation be- what that does. It is noncontroversial, I am hopeful that, given the impor- fore we leave. equal treatment language. It says orga- tance of this legislation, given the fact This legislation came out of the Fi- nizations that receive government this is going to help those in need at a nance Committee with 28 bipartisan co- funds can display a religious icon, that time of economic distress and uncer- sponsors. More than 1,600 small and they can have a religious name. Be- tainty, we can liberate literally bil- large charitable organizations support lieve it or not, I have been to many or- lions of dollars to be targeted to orga- this act because it promotes giving, it ganizations, particularly in the Jewish nizations that want to help those in promotes savings for low-income indi- community, and because they have a need in our society. viduals, and makes the Tax Code more Hebrew name, they are automatically I ask unanimous consent that at a fair, particularly for the low-income left off the list of organizations that time determined by the majority lead- and moderate-income individuals who can participate in government funds, er, after consultation with the Repub- do not fill out the long form on their even though they are not Jewish in na- lican leader—however, no later than tax return. ture. They may be Jewish, but they are the close of business of the Senate—the It provides 86 million Americans the not in any way affiliated with the Jew- Senate proceed to the consideration of opportunity to itemize charitable orga- ish faith. They just happen to be cul- Calendar No. 496, H.R. 7, and it be con- nizations, which now they cannot do turally a Jewish organization. sidered under the following limita- because they do not fill out the long Having a religious name like St. tions: That there be 1 hour for general form. It allows 300,000 low-income indi- John’s should not eliminate you from debate on the bill equally divided be- viduals the opportunity to build assets participating in government funds, if tween the two managers, the only through something that Senator LIE- you are not religious in nature, or do amendments in order, other than the BERMAN and Senator FEINSTEIN and something unique for a religious pur- managers’ substitute, be the following: others on both sides of the aisle have pose. You can have religious language An amendment prohibiting proselytiza- promoted—individual development ac- in your chartering documents, you can tion using public funds, an amendment counts. It will provide incentives for $1 quote the Bible in your chartering doc- prohibiting discrimination using public billion in food donations from farmers, uments, and it should not eliminate funds, an amendment prohibiting di- restaurants, and corporations. It will you from Federal funds. Again, these rect funding of religion, an amendment provide $150 million in a compassionate are not controversial. You can use on preserving State and local government capital fund to provide money for your governing boards, nonprofits, not options—these amendments were pro- smaller charities. paid governing boards some sort of reli- vided to us by Senator DASCHLE, I be- A lot of charities do not participate gious criteria as to who serves. So if lieve to be offered by Senator REID— in government funding programs be- you are the Mormon Church and have a and a Republican amendment, to be of- cause they do not have the technical governing board on your social service fered by Senator GRAMM, is an amend- expertise to do so. We are providing agencies, you can require they be Mor- ment expanding benefits of land con- money for technical assistance to some mons. I don’t know that necessarily servation provisions to all charities; of the community grassroots organiza- discriminates against anybody in the the amendments be limited to 60 min- tions, faith-based organizations, and sense these are not paid positions. utes each, to be divided between the non-faith-based organizations to par- They are church-affiliated. We are not proponents and opponents, with no sec- ticipate in providing social services in discriminating in the hiring. We are ond degrees in order. I ask following a very effective and compassionate talking about oversight of charitable the disposition of the amendments and way. organizations. expiration of debate, the bill will be This is the way to do it. It adds some- These are the provisions of this act. I read a third time, and the Senate pro- thing Senator LIEBERMAN was a great believe if you look just at the four ceed to a vote on passage of the bill advocate of, $1.2 billion in new social walls of this bill, there is not a lot of with no further intervening action or service block grant funds to provide so- controversy in this legislation. What debate. cial services to those in need in our so- we have attempted to do, Senator LIE- Several Senators addressed the ciety. It allows people to give tax-free BERMAN and myself—we have been Chair. contributions from their individual re- working this legislation now for almost Mr. LIEBERMAN. Mr. President, retirement accounts. Again, right now if 150 days. Obviously this is legislation serving the right to object, and I will

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10994 CONGRESSIONAL RECORD — SENATE November 14, 2002 not object, I support the request of the matched by financial institutions, to 2001—an actual decline in private sec- Senator from Pennsylvania for unani- get some wealth and work their way up tor jobs for the first time in 50 years. mous consent. I have been his cospon- into the middle class. We have economic problems. We have sor and coworker in this cause for I know there remain some concerns suffering. We want to extend unem- many a year now. This is part of an at- about the bill. But they are not about ployment benefits. Yet I am pre- tempt to find a constitutionally appro- the language of the bill, which I believe cluded—as have our other colleagues priate way to engage. The initial at- is noncontroversial at this point. They who have been working diligently on tempt was to engage faith-based groups are about trying, around this bill, to this issue—from offering an amend- in making this a better society, using change some language that is in the ment to this bill to extend unemploy- the particular skills they have, and statute now—particular language in ment benefits. It is that limitation, sense of mission that faith-based title VII of the Civil Rights Act that that restriction, that prohibition in groups have, to help us deal with some allows faith-based groups to hire people the unanimous consent proposal that I of society’s social problems. only of the faith of the group. That is have a problem with. I think it is im- Of course, there are thousands of an issue on which we can all agree or portant that those who are fighting for faith-based groups that are doing that disagree. But I plead with my col- an extension of unemployment com- today with regard to fundamental leagues, it is an issue for another day. pensation have this opportunity on human needs such as hunger and home- The fact is, under the unanimous this bill because this is a bill which can lessness, and going beyond that, to vio- consent proposal that the Senator from pass and offer immediate and critical lence, family dysfunction, drug abuse, Pennsylvania has made, our colleagues help to our people. substance abuse, and a host of other who are concerned about that issue, That is the problem I have with the problems. This was an attempt to see if though it is not specifically within the unanimous consent request. we could find a constitutionally appro- parameters of this proposal, will have In addition to the extension of unem- priate way to have the Government the opportunity to introduce amend- ployment benefits, I ask if the author help these groups do that. ments to alter it. of this unanimous consent request Along the way many concerns were I think this is a very reasonable pro- would consider modifying his request raised. The bill was passed in the posal which is all good and will help to allow three amendments I have been House, so-called charitable choice, charitable groups of all kinds help us trying to get considered by this body. building, in fact, on a charitable choice make this a better country. Therefore, One is the extension of unemployment provision that was in the welfare re- I appeal to my colleagues to allow this compensation which many people have form bill of 1996 and signed by Presi- unanimous consent to be adopted so been attempting for months to have dent Clinton. A similar provision was that, before we leave, we can in a sense considered by this body. I would like to see that locked in and guaranteed for adopted in three other social service give a gift, as we approach the holiday consideration on this bill. This bill can programs, but when it came to intro- season, to those who are most in need pass. No. 1. ducing this legislation last year— in our society and particularly directly which President Bush had coordinated No. 2, an amendment relevant to to those charitable groups where the stock options which was blocked. Sen- and initiated—there was some opposi- focus is on helping those most in need. ator MCCAIN was blocked from offering tion and controversy around it. I hope we can agree on this unani- I must say here, and perhaps it is it a number of months ago. The amend- mous consent proposal. ment would simply require the Finan- timely and appropriate to say it, as the I yield the floor. cial Accounting Standards Board to pending legislation before the Senate is The PRESIDING OFFICER. Is there consider the issue of stock options the homeland security legislation, objection? within a year and report back. where this Senator has said several Several Senators addressed the The third is the Securities and Ex- times I have felt the administration, Chair. change Commission administrative en- on a particular point, has been inflexi- The PRESIDING OFFICER. The Sen- forcement amendment. ble or—in any case, in this measure, ator from Michigan. We circulated those amendments. with regard to faith-based institutions, Mr. LEVIN. Mr. President, my prob- They are clearly within the jurisdic- the administration has in fact been lem with this unanimous consent re- tion of this committee. The only way quite flexible. We have now come to- quest relates to the limitation on we are going to get these amendments gether on a proposal that is not really amendments. There have been four considered is if they are part of a unan- any longer strictly a faith-based initia- amendments specified. I have been try- imous consent request such as this. tive. It is a charity initiative. We have ing for weeks and months, in some I ask the Senator from Pennsylvania eliminated all of the controversial sec- cases years, and other Members of this whether he would consider amending tions that were in the House-passed body have also been attempting to get his unanimous consent request to allow legislation, passed earlier in the 107th other amendments that relate to the three additional amendments. That is session. We have it honed down now to Finance Committee’s work before this the only problem I have with his unani- very significant tax incentives for body for a vote. mous consent request—it precludes charitable giving, for people to give to The Senator from Connecticut talks amendments from being offered which charities, faith-based and otherwise, at about the needy. Clearly, he is right. are within the jurisdiction of this com- a time when those charities’ income is There are needy people in this country. mittee, which are critically important falling because of the economy and One of the neediest groups is the people to this country, and which won’t be other demands. Yet the needs, if any- who have exhausted their unemploy- considered unless we can make them thing, as the economy is stagnating, ment benefits. We have been trying for part of a unanimous consent request. are even greater. months to get an extension of unem- That is my question to the sponsor of As to the $1.2 billion to social serv- ployment compensation before this the unanimous consent. ices block grants, if there was nothing body for a vote. In prior recessions, Mr. SANTORUM. Mr. President, let else in this bill, I would say it was there have been extensions of unem- me address the three amendments. worth it because these are critically ployment of 29 weeks in 1974, 26 weeks With respect to the first amendment, important, humane programs that are in 1981, 33 weeks in 1990, and 26 weeks I agree with the Senator from Michi- carried out. Again, they don’t just go in 2002. We need an extension of unem- gan. That is something we should do. to faith-based groups. They go to all— ployment benefits. We have a large Even though I believe it is not germane they go mostly to nonfaith-based number of people—900,000 workers— to the package we have before us, it is groups. And then technical assistance who have exhausted all of their addi- certainly within—from the standpoint for charities to be able to qualify for tional weeks of Federal unemployment of what this bill is trying to do, which public assistance, the Individual Devel- insurance between May and July of is help with the financial and economic opment Accounts, which were a won- 2002. This number is going to grow to stress—it certainly meets the overall derful way—experimented with in sev- 2.2 million before the end of the year. goal of the legislation. eral places around the country—to help We have lost 2 million private sector My understanding is that there is a poor people build savings that are jobs in this country since January of very good chance the House is going to

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10995 pass an extension today and send that sial amendment. The Senator from brokers, they are able to enforce ad- over. In fact, I feel very confident Pennsylvania favors it. And yet, when I ministratively their regulations with about that. They are going to pass an am asking whether he favors an exten- the use of civil fines, of course subject extension and send it over, which I sion—— to the appeals courts. But the area hope we will be able to act upon and Mr. SANTORUM. I haven’t seen the which has been so crucial and so sen- pass. amendment. I do not know. sitive—violations of regulations which I would say to the Senator from Mr. LEVIN. I withdraw that—favors have contributed so much to the suf- Michigan with respect to this piece of an extension of unemployment com- fering in the economy, violations by legislation that I think you will have pensation, we may be able to sit down corporate executives and by auditors— an opportunity to deal with that issue and work out something that the Sen- in that area, the SEC does not have the on the bill that certainly will have just ator from Pennsylvania does favor in authority to proceed administratively. as much chance of passing as this bill. the area of unemployment compensa- They want it. I do not know of folks Mr. LEVIN. Will the Senator yield on tion extension and include that in his who oppose it. But unless we can act on that point? Is it the Senator’s under- unanimous consent. it this year, there will be another standing that that extension is simply But it seems to me it is absolutely delay. an extension or part of a larger pack- reasonable to ask for a more certain I ask the Senator from Pennsylvania age which has many other features to way of getting an unemployment ben- whether or not his offer to go halfway it? efit extension passed through this Con- would include the second of the three Mr. SANTORUM. I do not know if gress. It is critically important to hun- amendments relative to the SEC ad- anybody else has a better under- dreds of thousands of people who are ministrative enforcement. standing than I do. If they do, feel free suffering. It is immediate. It is urgent. Mr. SANTORUM. My understanding to chime in. I therefore renew my request that is that third amendment is not a tax- My understanding is they are going those three amendments be added to related amendment and would be ap- to pass a clean extension. the unanimous consent request of the propriate to be offered, for example, if Mr. SARBANES. Mr. President, will Senator. you wanted to, on the homeland secu- the Senator from Michigan yield on Mr. SANTORUM. Mr. President, I rity bill or another piece of legislation that question? would certainly be willing on the first that is coming through. So there isn’t Mr. LEVIN. Yes. amendment to sit down with the Sen- a need to have that amendment at- Mr. SARBANES. It is my under- ator to see if there is an unemployment tached particularly to a tax vehicle. standing that the unemployment ex- extension that can be agreed to. I I understand your second amendment tension benefits that the House is con- think it is something we need to do. I has tax implications and is necessary sidering, first of all, are embraced think there is a willingness on our side to offer to a tax bill. But this amend- within the package that encompasses to have an unemployment extension. I ment you could offer, if you wanted to, other things as well. would have no objection to setting once we leave this unanimous consent, Second, and more importantly per- aside the unanimous consent request to to homeland security. It probably has a haps, the unemployment insurance try to work out a unanimous agree- much better chance of being passed and benefits issue itself is very limited and ment on the issue of unemployment signed by the President in this legisla- falls far short of the sort of amendment compensation. tion. the Senator from Michigan is consid- There are other issues which are real- So I would say to the Senator, if he ering in terms of extending these un- ly outside the scope of this, and they wants to do that, I would argue that employment insurance benefits, which are very controversial. I understand the better opportunity for him to do it is a growing crisis in the country. We the Senator—I know because I have is on homeland security, not this tax need to recognize that. I certainly sup- been on the floor many times—from bill. port the Senator from Michigan in his Michigan has attempted to get the ini- Mr. LEVIN. Will the Senator yield on effort to ensure the unemployment tiative aired. I understand his passion that? benefits. But what the House is consid- on it. I respect how he feels about it. Actually, both the amendments have ering, as I understand it, is grossly in- But I think the Senator from Michigan tax revenue implications. Stock op- adequate in terms of addressing the un- would agree with me that these are tions have been, in my judgment, ex- employment insurance. It doesn’t even hotly contested. In fact, one of the co- cessively used in an inconsistent way, carry forward a full extension of the sponsors of this legislation on the where a tax deduction is given to a current situation beyond that. There other side of that issue is the Senator stock option which is not shown as an are going to be people falling off the from Michigan. I think adding those expense on the books but is taken as an cliff here very shortly. Many of them two amendments that really aren’t ger- expense on the tax return. So there are have already fallen off the cliff. mane for helping those in need in our very significant tax issues on the stock Mr. SANTORUM. Mr. President, the society are outside of the scope, and in option issue. Senator is making the point that he fact the amendments would sink the Also, on the auditors and executive doesn’t have another vehicle for an op- entire bill if they were adopted. issue, there are tax revenue implica- portunity to offer his amendment. My I can try to meet the Senator half- tions because in both cases we have point is, when this bill comes over, he way. Let us try to work together on lost significant amounts. Because of will have an opportunity to offer an unemployment. If we can do that, and violation of regulations by auditors amendment on unemployment exten- if the Senator is willing to set aside and by executives, we have lost tax sion, and he does not need to use this the other two amendments, then we revenue. vehicle. That is the point. can try to move forward with the con- Mr. SANTORUM. Mr. President, I say Mr. LEVIN. Is my understanding cor- sent request. I would be happy to work to the Senator from Michigan, the rect that an unemployment benefit ex- with him. third amendment, from my reading of tension is part of a larger package Mr. LEVIN. Mr. President, let me ask it, is an amendment that is under the which has many controversial issues in the Senator from Pennsylvania about jurisdiction of the Banking Committee it? If so, then that bill may not go any- the third amendment to which I re- and not under the jurisdiction of the where because of the other parts of it— ferred, which wasn’t particularly con- Finance Committee and not a tax-re- not because of the unemployment ex- troversial but yet precluded when we lated amendment. There may be rev- tension, which purportedly everyone considered the Sarbanes bill, which has enue implications, but there are lots of favors around here but then wants it to to do with administrative enforcement revenue implications of things we do be used to produce other achievements by the SEC of their regulations. here that are in the jurisdiction of and successes that are highly con- The only area that the SEC cannot other committees having to do with en- troversial. now administratively enforce with forcement. But there is no tax implica- This is not a controversial amend- civil fines is the area of regulations in- tion. Therefore, there is no need to ment. This extension we are talking volving corporate executives and audi- offer it here in this tax legislation. The about is not a particularly controver- tors. When it comes to the stock- second one certainly does.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10996 CONGRESSIONAL RECORD — SENATE November 14, 2002 Mr. LEVIN. On the stock option, dressed what I consider to be the larger am forced to object, I will, but I have there has even been a hearing in the issue, an issue which should have been other colleagues here who would like Finance Committee. addressed by the Judiciary Committee, to share some concerns with the Sen- Mr. SANTORUM. I understand the an issue which goes to constitu- ator from Pennsylvania. And as I un- third one, that you are arguing for tionality and the premise of the sepa- derstood, there was a dialogue between now, is not necessarily appropriate for ration of church and state in the us, or at least I hoped there would be. this legislation. United States of America—something That was the reason I was asking ques- Mr. LEVIN. Happily, the Senator’s that many of us find fundamental to tions of the Senator. And if it is nec- argument against it on the third the American experience and to our essary at this point to object, and it amendment helps me on the second American society. will foreclose my colleagues from mak- amendment because it is clearly in the I do not quarrel with the premise of ing a statement, I did not want that to jurisdiction—— the Senator from Pennsylvania. I could happen. But if that is where we stand Mr. SANTORUM. The second amend- list, and he could, too, so many faith- on this, I suppose I have no alternative. ment is highly controversial and would based charities in his home State and I object. be an amendment that would surely my home State that have done wonder- The PRESIDING OFFICER. Objec- sink any possibility of this legislation ful work, and continue to do so. They tion is heard. being passed. receive Government assistance, and The Senator from Pennsylvania con- Mr. SARBANES. Would the Senator they should. I have supported them. I tinues to have the floor. yield for a question about his second have found appropriations for them. I Mr. SANTORUM. Mr. President, I am amendment on the stock option? will continue to do that. I do not be- very disappointed that there was an ob- Mr. LEVIN. Yes. lieve that is the issue here. jection. I understand the Senator from Mr. NICKLES. Regular order. Frankly, if that were the referendum Illinois and the Senator from Rhode Is- The PRESIDING OFFICER. The Sen- before us, it would receive a unanimous land have objections to this legislation. ator from Pennsylvania has the floor. vote. We all concede charitable and As the Senator from Connecticut said Does the Senator from Pennsylvania faith-based organizations do excep- very clearly and very articulately in yield? tional work, and governmental assist- his statement, the objections they have Mr. SANTORUM. I yield. ance, under the right circumstances, are not with this legislation. They may Mr. SARBANES. It is my under- can be of benefit to America as a soci- be with current law, the 1996 Welfare standing that the amendment the Sen- ety. Act and the three other provisions that ator from Michigan is talking about on But the President’s initiative that were signed by President Clinton and stock options does not have a sub- you have brought to the floor suggests passed by this Senate, two of which stantive result contained in the amend- the way we have done business in were passed unanimously, to my recol- ment. It is simply a request that the America for decades has to be changed lection. Financial Accounting Standards Board substantially, dramatically. Those The objections are to underlying law, study the issue and report back. changes deserve an airing and full de- not to this legislation. This legislation Mr. LEVIN. The Senator is correct. bate. does not deal with any of the issues Mr. SARBANES. In that sense, it is The Senator from Pennsylvania has that are in the amendments the Sen- neutral on the substance of the issue; been kind enough to acknowledge four ator from Illinois has offered. is that correct? amendments prepared by Senator JACK The Senator mentioned that an Mr. LEVIN. That is correct. There is REED of Rhode Island as well as myself hour’s debate is not enough. I am will- a requirement that they report back in to bring to the floor. I would argue, ing to spend as long—2 hours, 3 hours a year. But the Senator is correct, on perhaps, that 1 hour of debate for each per amendment. I offered an hour of de- the substance of the issue, it is neutral. of these amendments, considering the bate as an accommodation to the lead- I think the Senator from Pennsyl- gravity and importance, is not nearly er, to the majority leader, in trying to vania might also find that some of the adequate. find a reasonable amount of time to people who previously opposed the ef- But I also say this to my colleague finish. fort in the area of stock options may from Pennsylvania. Is it not a fact that I agree with the Senator from Illi- not object to having the Financial Ac- with the House minutes or hours away counting Standards Board review this nois, this is a very important piece of from adjournment, and the fact that no legislation. But if the problem is that matter and report back in a year, for conference committee is likely to ever the very reason that the Senator from we need more time for debate, I cer- convene on this issue, there is little tainly would, and I know the Senator Maryland raises, which is that it is that can be accomplished in a sub- substantively neutral. from Connecticut would, be perfectly stantive way on an issue of this impor- willing to come here. Mr. DURBIN addressed the Chair. tance? I think these are important issues, Mr. NICKLES. Regular order. Is it also not a fact that this issue is but I would argue they are not issues The PRESIDING OFFICER (Mr. LIE- of such importance to us that we about this legislation. They are not BERMAN). The Senator from Pennsyl- should take time to engage in a debate issues in your amendments having to vania has the floor. which, frankly, will give all sides an do with proselytization using public Is there objection? opportunity to express themselves, to funds. There is nothing in this legisla- Mr. DURBIN. Reserving the right to make certain we do not—— tion that permits that—nothing. Noth- object. Mr. NICKLES. Regular order. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ing even addresses it or comes close to ator from Illinois. ator from Oklahoma has called for the it. These are tax provisions that Mr. DURBIN. Thank you very much. regular order. allow—— I say to my colleague from Pennsyl- Mr. DURBIN. Let me say I reserve Mr. REED. Will the Senator yield? vania and my colleague from Con- the right to object. Mrs. CLINTON. Mr. President, reg- necticut, I understand the importance The PRESIDING OFFICER. The regular order. of this issue to each of you personally, ular order is that a request has been The PRESIDING OFFICER. The Sen- and to those who are cosponsors, and made. ator from Pennsylvania does have the why you are anxious to raise the flag Mr. DURBIN. Well, then, I object. floor. and at least raise the issue in the clos- The PRESIDING OFFICER. And a Mr. SANTORUM. Thank you, Mr. ing days and hours of this session. Senator, when the regular order is President. I will yield to the Senator I find it interesting, in listening to called for, must either object or the re- from Rhode Island for a question. the presentation here, that we have fo- quest will be granted. The PRESIDING OFFICER. The Sen- cused on the Finance Committee and Did the Senator from Illinois object? ator from Rhode Island. tax implications, referrals from the Fi- Mr. DURBIN. I was trying to keep Mr. REED. The Senator from Penn- nance Committee, and their debate, the floor open for those who wanted to sylvania points out that the legislation and really have, unfortunately, not ad- express themselves on this issue. If I is silent on the critical issues, but the

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10997 silence is not correct. There are poten- homeland security as you do to this tunity to have matched savings ac- tial constitutional flaws that are in- bill because neither of them deal with counts for low-income individuals to herent in the legislation. As I under- the subject of your amendments. buy a home and to start a small busi- stand it, part of the legislation is to I understand there is a problem. I un- ness or to get an education, that is authorize directly funding religious in- derstand there is a debate that needs to going to be forfeited on issues that stitutions to provide social services. be had on these issues, but not on this have nothing to do with the underlying Mr. SANTORUM. Reclaiming my bill because this bill doesn’t do what bill. time, I will read to you the provisions many are suggesting it does. That is unfortunate. I am hopeful of this legislation on what the money Mr. REID. Will the Senator yield for that now that we have had this discus- is expended for. No. 1, it talks about a question? sion, Members will think more about it $2.6 billion of this legislation is a Mr. SANTORUM. I am happy to and hopefully come to a different con- nonitemized or charitable deduction. It yield. clusion as to whether to object to this is not for religious organizations. It al- Mr. REID. I worked with the two legislation. lows people who fill out the short form leaders in arranging time that you The PRESIDING OFFICER. The Sen- to deduct charitable contributions. could offer this unanimous consent re- ator from New York. No. 2, IRA charitable rollovers. What quest. The two managers are very anx- f it says is people who have an IRA can ious to get to homeland security. We UNANIMOUS CONSENT REQUEST— roll over that IRA into a charitable or- have two cloture votes facing us. Peo- S. 3009 ganization, qualified under 501(c)(3) or ple wanted to offer amendments. I other, whatever organizations would be would ask that the Senator from Penn- Mrs. CLINTON. Mr. President, I ineligible, and that is $2.9 billion over the sylvania, as soon as he has completed tend to offer a unanimous consent re- next 10 years—again, nothing to do his statement, yield the floor so we quest that the Senate proceed to imme- with faith-based organizations; no di- automatically, as I understand it, go diate consideration of the extension of unemployment insurance. As the dia- rect government dollars to anybody. back to homeland security. Is that Third has to do with enhancing char- right, Mr. President? log between the distinguished Senators itable deductions for farmers, res- The PRESIDING OFFICER. The Sen- from Pennsylvania and Michigan just taurateurs, and businesses for food do- ator from Nevada is right. The Senate illustrated, this is an issue that had bi- nations. Again, it has nothing to do would resume consideration of the partisan support—really, nonpartisan with charitable choice, nothing to do pending business which is the sub- support. There are 2.2 million workers who with any kind of government funds stitute on homeland security. have exhausted or are about to exhaust going to charitable organizations. Mr. REID. I would say to the Senator their benefits without finding a job. Ig- Fourth, we have enhanced charitable from Pennsylvania, we anticipated this noring these people, especially as we deductions for book donations—again, taking just a little bit of time. It has are about to enter into the Thanks- nothing to do with charitable choice. taken a large amount of time. giving-Christmas holiday season, will Incentives for S corporations to give To all my friends who have problems not make them go away. It is not going more money to charities—again, noth- with this legislation, as has been indi- to help them automatically find a job ing to do with faith-based organiza- cated, the homeland defense bill is because they have been out there dili- open for debate and certainly amend- tions. We have an IDA amendment, gently looking. which is something the Senator from ment. Anyone who has anything they The fact is, we don’t have enough Connecticut and the Senator from Cali- have not been able to complete saying jobs right now. All of us hope that is fornia, Mrs. FEINSTEIN, have cham- now on this issue could complete their going to turn around. But if you look pioned, and I have worked on our side statements on H.R. 5005. at the statistics available, there are 1.7 to allow low-income individuals to All I am saying is, I hope the Senator million workers who have been unem- have matched savings accounts for pur- from Pennsylvania won’t talk too ployed for longer than 6 months as of poses of buying a home, going to much longer. October. That is an increase of 70,000 school, or starting a small business— The PRESIDING OFFICER. The Sen- over September and over 180,000 over again, nothing to do with charitable, ator from Pennsylvania has the floor. August. One out of every five of these faith-based organizations. Mr. SANTORUM. Mr. President, I unemployed has been out of work for Also, we have the social services want to say with all respect to the Sen- more than 6 months. That is a propor- block grant fund which I know is wild- ator from Nevada, the Senator from tion larger than at any time in the pre- ly popular on the Democratic side of Pennsylvania has been trying to re- vious 8 years. the aisle. That is $1.37 billion over the spond, actually giving the opportunity I believe that extending these bene- next 2 years. to other Members to express their con- fits now sends a message to those who So if you look at all of these provi- cerns about this legislation. I did not lost their jobs through no fault of their sions, I understand the Senator from call for regular order. I did not try to own in States such as mine and that of Rhode Island and the Senator from Illi- limit in any way those who have con- Senator CANTWELL of Washington. The nois have serious concerns about the cerns about the legislation from having provision we are asking unanimous existing charitable choice provisions in the opportunity to speak. I was using consent on would provide 13 more law. I accept that. I understand that. I the time I had to give them the oppor- weeks of unemployment insurance for understand the Senators from Rhode tunity to express their concerns and everyone who lost their job, were laid Island and from Illinois have problems then, to the extent I could, try to re- off, cannot find a job. The bill would with the bill the House passed because spond to their concerns. not provide a single additional benefit, it did have an expansion of that in the I have no intention of trying to hold if you look at what the Republicans are House-passed bill. But the Senator up the homeland security bill. I just proposing. So our bill is a much better from Connecticut has been very tough wanted the opportunity, if we could, to one because the Republicans would per- at negotiating with the White House have a discussion to see if we could mit those who are about to crash into and with the Senator from Pennsyl- reach some sort of accord to actually the brick wall of December 31 no relief. vania in leaving every controversial move what many of us believe is a very I believe it is imperative that we element that could touch on any kind important piece of legislation. It does take action before we leave. of constitutional infirmity out of this not look as if that is going to happen. Mr. NICKLES. Will the Senator yield legislation. I am disappointed because I do not for a question? You can argue that we don’t fix the believe the issues that have been raised Mrs. CLINTON. Certainly. problem that may be in existing law, about infirmities of other pieces of Mr. NICKLES. I wish to ask her a but there is nothing in this legislation statutory law are in any way impacted question before she asks unanimous that even comes close to any of those by this legislation. It is a tragedy that consent. Just to clarify the record, to provisions. You have as much argu- literally tens of billions of dollars that be correct, I believe she stated her pro- ment, in my opinion, to offer the could go to low-income individuals, in- posal is a 13-week extension. Is her pro- amendments that you have offered to centives for people to give, the oppor- posal S. 3009?

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10998 CONGRESSIONAL RECORD — SENATE November 14, 2002 Mrs. CLINTON. Yes, it is. that we were going to be here on Janu- benefits, testified that the extended Mr. NICKLES. Just to clarify, I be- ary 1 when the next 5 weeks runs out, unemployment insurance provides a lieve that is not a 13-week extension; it and we were going to take a look at the timely boost of disposable income. He is a 26-week extension. next 6 months—but we are not doing acknowledged that we are currently in Also, just for your information, the that. We are saying we expect no eco- a period where jobs are falling. He stat- House may soon try to pass legislation nomic improvement. We are not will- ed: that would eliminate this cliff as of De- ing to step up, as the Bush 1 adminis- I have always argued that in periods like cember 31. So I want the Senator to tration was willing to do in the 1990s, this that the economic restraints on the un- know that efforts are being made by and say, yes, an extension of unem- employment insurance system almost surely some in the House to pass legislation ployment is a good stimulus, a safe- ought to be eased. that would address the unemployment guard, while the economy is needed to That is exactly what this legislation compensation issue, and extend welfare improve. That is what we are talking seeks to do. authorization, among other things. about here. So the Band-Aid approach Secondly, there is $27 billion in the I wanted to make sure you are aware that the House is sending over is sim- trust fund to pay unemployment insur- that the bill you are trying to pass by ply 5 weeks, basically taking care of ance benefits, specifically designed to unanimous consent, S. 3009, is not a 13- the worse case scenario. We need to meet this kind of situation. Those week extension, but it is a 26-week ex- make a positive statement. I have moneys have been paid into the trust tension and costs $17.1 billion. A simple talked to many business people in my fund over a period of time. The whole 13-week extension costs less than half State who are supportive from that system was structured to have this of that. I wanted to make those few perspective of not taking out this in- trust fund build up in good times, and facts known before I object to the Sen- come from the local economies that then to utilize it in bad times. ator’s request. are being crunched. We certainly are facing bad times Mrs. CLINTON. I appreciate the Sen- I wanted to add to my colleague from now. In fact, we have 2.2 million who ator’s factual intervention. It is the New York, the numbers are staggering. have lost, or will lose, their unemploy- same proposal that was used in the New York has over 300,000 people who ment benefits by the end of the year. early 1990s to extend unemployment in- will be impacted as of December. Other The long-term unemployed—those surance under the first President Bush. States: Illinois with almost 170,000 peo- more than 26 weeks—rose 71,000 last It is what has historically been done. ple; Georgia, 125,000 people; Pennsyl- month alone. There are now more than Now, some people benefit more because vania, 125,000 people; Texas, 215,000 peo- 1.6 million long-term unemployed—a of the circumstances in which they find ple. million more than when President themselves. Indeed, when we passed the So there are States throughout this Bush took office. only extension of unemployment insur- country that are feeling this impact. I What the Senator is seeking to do ance back in, I think, March, there think the previous Bush administra- was done, I must point out, under were a couple of States that had been tion was very wise to say a good stim- President Bush the first. For the life of very hard hit that were given addi- ulus and a good support for unem- me, I don’t understand why President tional benefits. ployed workers who have lost jobs Bush the second won’t agree to and As the Senator points out, what the through no fault of their own, who can- support this measure. House is about to send over is not just not find employment, let’s keep the What are these people to do who have an unemployment insurance extension; basic income going and give a stimulus lost their jobs? The premise of the sys- it changes welfare law, it provides to the economy. I don’t know that the tem is you get some short-term sup- Medicare benefits to a certain category Senator from New York is opposed to port, the labor market picks up, and of Medicare recipients and not to oth- negotiating any kind of proposal that you can go back and find a job. They ers. So I think that it would be far bet- would get us past just a Band-Aid. I cannot find these jobs. In fact, not only ter for us to ensure that an unemploy- think we are willing to look at what can they not find them, more people ment insurance benefit was going to be the proposal is, but this is about the are losing their jobs. So the labor mar- extended. sixth or seventh unanimous consent re- ket is constraining, not expanding. Ms. CANTWELL. Will the Senator quest and negotiation proposal this These people need help. There is $27 bil- yield? side of the aisle has put forward. lion that has been paid into the trust Mrs. CLINTON. Yes. We are saying that the time has run fund for the very purpose of providing Ms. CANTWELL. I am joining the out and that these individuals are unextended employment insurance Senator in support of bringing this up going to get very minimal—if next to benefits. under a unanimous consent. The issue nothing—good news about their eco- Now, the Senator in this legislation the House is looking at is simply an- nomic opportunity for the next year or has not, as I understand it, sought to other 5-week extension. So, yes, maybe year and a half. do some of the other proposals that more for the holidays people will think Mr. NICKLES. Will the Senator yield have been floating around here in they have 5 more weeks. But the issue for a question? terms of providing a more extended is that expansion of this unemploy- Mrs. CLINTON. I yield to the Senator coverage of the system, upping the ben- ment program is about helping people from Maryland. efits and other proposals. through a tough economic time. We Mr. SARBANES. I commend the Sen- There are many who think the exist- don’t expect that it is going to get any ator for offering this unanimous con- ing system is inadequate. She is not better January 1 or January 31. sent request. Secondly, in response to seeking to correct that, as I under- Frankly, I think if you listen to Alan the points raised by the Senator from stand it. We are only seeking to do this Greenspan and everybody else in the Oklahoma, as I understand it, the bill 13-week extension. I certainly think we administration, they don’t expect it is provides for an additional 13 weeks. If ought to do that before this Congress going to get any better in the next 5 you have exhausted your benefits, hav- leaves. months. So the point is that we want ing drawn the basic 26 weeks, and the I thank the Senator. to have a stimulus for those local additional 13 weeks that we have pro- Mrs. CLINTON. I thank the Senator. economies. vided for in March of this year, you Mr. NICKLES. Will the Senator My State of Washington, with nearly could then draw another 13 weeks. So yield? 80,000 people impacted, has been put- for that limited group would, in fact, Mrs. CLINTON. Yes, I yield to the ting something into the economy. But get 52 weeks. I point out that that lim- Senator from Oklahoma. starting December 31, they won’t be be- ited group is unemployed. They have Mr. NICKLES. I want to make a cause they won’t be able to make mort- not been able to get a job in a labor statement. Too many times it hap- gage payments or take care of health market that is not working. pens—the Senator yields to me to ask care or do a lot of things. So this is In fact, Chairman Greenspan, yester- a question, not to make a speech— about making a statement and expand- day, testifying before the Joint Eco- many times in the debate people have ing the program beyond another 5-week nomic Committee, when asked about yielded the floor as if they control the Band-Aid. If we had a commitment extending unemployment insurance floor. The Presiding Officer controls

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S10999 the floor. The Senator can yield for a In contrast, the bill the House is Mr. NICKLES. So the answer to my question but not yield for a speech. I working on is a 5-week extension for question is that language is still in the did not hear a question the last time. I those who already are in the system, bill? do not want to get too technical, but and then it is over. No more help. From Mrs. CLINTON. We have the same we ought to adhere to normal Senate my perspective, representing 300,000 language that was used in the first rules. unemployed New Yorkers, 120,000 of Bush recession. Now we are in the sec- Now my question: The Senator is try- whom lost their jobs directly as a re- ond Bush recession. We are using the ing to pass a bill. I stated that the bill sult of September 11, it is very hard to same language. It worked then. is a 26-week extension, not a 13-week go back to New York and look at peo- Mr. NICKLES. Will the Senator yield extension. I keep hearing people say it ple such as Felix Batista who worked again? So that language is still in is a 13-week extension. That is not fac- for 22 years at Windows on the World, there. I will tell my colleague, I will tually correct. It is a 26-week exten- with four children—luckily was not never agree to this language passing. I sion. If you just entered into the pro- there that day when the terrorist at- will also tell my colleague, if she is po- gram, am I not correct, you can ex- tack occurred—and has not been able liticizing this, talking about the first haust your 26 weeks of State benefits to find work, even though we have all Bush recession and the second Bush re- and qualify for 26 weeks of 100 percent been trying to help him. He is a man of cession, the first compensation pack- Federal benefits? It is a 26-week exten- limited skills, but a good, hard-work- age did not have the same triggers. I sion which doubles the cost of the pro- ing person, a father of four. He has no did not agree with the first. I do not gram. It is a $17 billion program. Am I help. What is he supposed to do? Let like the language that somebody who not correct—I want to be factually cor- me ask that question of the Senator gets a job is still counted as unem- rect. If I am wrong, I am happy to be from Oklahoma. Where is my office ployed for these rates. I would never corrected. But am I not correct it is supposed to send literally thousands of agree to it. I did not know it was in the really a 26-week extension for anybody people who have no work because the first program ten or so years ago, and entering into the program? So people economy is not producing jobs? it will not be in the next one if I am Mr. NICKLES. Will the Senator yield could qualify for 26 weeks of State ben- still standing around here. for an additional question? efits and 26 weeks of Federal benefits if I also ask my colleague, are not the the Senator’s bill should pass? Mrs. CLINTON. Yes, I will be more than happy to yield. triggers different under this proposal Mrs. CLINTON. With all due respect than the compensation packages that to my friend from Oklahoma, that is Mr. NICKLES. The proposal before us still has the adjusted insured unem- passed in the early nineties? not what the bill says. The bill pro- Mrs. CLINTON. It is the same kind of vides 13 weeks for those first coming ployment rate to where it includes the following paragraph: trigger, I am advised. into the system, but for people who Mr. NICKLES. There are different have already exhausted their 13 weeks, Except that individuals exhausting their right to regular compensation during the triggers. More States would qualify for it does provide an additional 13 weeks, most recent three calendar months for which greater benefits; is that not correct? which adds up to 26 weeks. data is available before the close of the pe- Mrs. CLINTON. It includes States Maybe it is not artfully enough draft- riod for which such rate is being determined with concentrated high unemployment. ed. I certainly have the greatest re- shall be taken into account as if they were That is true, there is a slightly dif- spect for my colleague from Oklahoma, individuals filing claims for regular com- ferent trigger. Again, I was not around who is one of the premier legislators in pensation for each week during the period for which the rate is being determined. in 1991 and 1992, so I cannot speak to this body, but if it is not clear, then I what the Senator would or would not Basically that means if someone even will be more than happy to write it so have done. The fact is, we have a prob- completes the system and gets a job, it is absolutely clear. lem. We have tried repeatedly—eight The intention is, as I have stated, to they still are counted as unemployed; separate times—to work out some way provide an additional 13 weeks to peo- is that still in this legislation? to provide some additional benefits for ple who have exhausted their benefits. Mrs. CLINTON. What we did, in re- people who deserve them. If there is a To echo the eloquent comments of my sponse to the Senator from Okla- way to work out a better approach, to colleagues from Washington and Mary- homa—and maybe we were mis- do something that will clearly meet land, there are lots of people out there. informed about this—we went back to the objections of the Senator from The Senator from Washington read the our last recession under the previous Oklahoma, I stand ready to do that. numbers. Let me give you one quick President Bush. We thought that would be a good model as to what was done I am just worried about all of these example. decent people who are running out of Mr. NICKLES. I want an answer to five times to extend unemployment in- unemployment benefits. There is no- my question. surance benefits. We took the language Mrs. CLINTON. The answer is the bill the first Bush administration and the where for them to go. I do not know does not provide for those first coming bipartisan body here at that time de- what else to bring to the floor other into the system 26 weeks. It does pro- cided was the appropriate legislative than those stories. We can argue about vide an additional 13 weeks so that language to bring about the result that triggers. I am sure between the two of those who have exhausted their first 13 people agreed was needed. us, we can fix a trigger if there was a weeks can have 26 weeks. If it was in some way misguided to willingness to act on that. What is Mr. NICKLES. Will the Senator yield rely upon the first Bush administra- coming over from the House, larded further for a question? tion’s extension of unemployment in- with other controversial provisions, is Mrs. CLINTON. Yes. surance, then we are going to say we not a good-faith effort to extend unem- Mr. NICKLES. I believe the bill offers did the best we could to look at what ployment benefits to people in need. It 26 additional weeks for anybody who had been effective and worked in the is an effort to basically try to say just came into the system. past. something was done which will not Mrs. CLINTON. We would be more In direct response, the people who are have any lasting benefit for those who than happy to clarify that. That is not still being counted in the unemploy- are most in need. the way the bill was intended. It cer- ment insurance is a relatively small Mr. NICKLES. Will the Senator tainly is not the way it was meant to number because, obviously, to get yield? be drafted. If there is any— them on and off does take some bu- (Ms. CANTWELL assumed the chair.) Mr. NICKLES. Will the Senator yield reaucratic and technical adjustments. Mrs. CLINTON. Clearly, if the Sen- for an additional question? There are certainly some—I am sure I ator from Oklahoma is going to object Mrs. CLINTON. Let me finish my an- could find a few in Oklahoma and a few to our following the precedent of the swer. You get to ask, I get to answer. in New York. But the fact is the over- triggers of the President Bush 1 pack- My answer is, it is intended to be a 13- whelming number of people who will be age, then obviously we are going to week extension. If there needs to be a eligible and will receive benefits are have to go back to the drawing board. cutoff point so it is absolutely clear people who deserve it, and that is, I Madam President, I ask unanimous that this is the intention, we stand think, the goal we should be address- consent that the Senate proceed to the ready to do that. ing. immediate consideration of Calendar

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11000 CONGRESSIONAL RECORD — SENATE November 14, 2002 No. 619, S. 3009, a bill to provide for a her to proceed for up to 5 minutes, and For the thousands of families who 13-week extension of unemployment then following that the two Senators live next to pipelines, who work next compensation; that the bill be read from Minnesota would be recognized to pipelines, who send their kids to three times, passed, and the motion to for up to 10 minutes. schools next to pipelines, this is defi- reconsider be laid upon the table, with- Following that, we will definitely go nitely an improvement in our law. out intervening action or debate. to the homeland security bill. There Is it everything we ask for? No. But The PRESIDING OFFICER. Is there are people waiting to offer amend- today I want to rise and thank all of objection? ments. So I make that in the form of a my colleagues, and Congressman LAR- Mr. NICKLES. Madam President, re- unanimous consent request. SEN as well, for finally moving us to a serving the right to object, the UC re- The PRESIDING OFFICER. Without point where the families of Wade King, quest, as I read it, says it is a 13-week objection, it is so ordered. Stephen Tsiorvas, and Liam Wood can extension. The bill before us is a 26- The Senator from Washington. realize the hard work they have put in week extension. A 13-week extension, I Mrs. MURRAY. Madam President, I is going to finally result in a change of believe, costs $7.3 billion; a 26-week ex- thank my colleague from Nevada for law that means some future child, his indulgence, and I thank my col- tension cost—by CBO—is $17.1 billion. some future family, some future com- leagues from Minnesota for allowing That is the proposal before us, and, munity, will not have to face the situa- me a few minutes before they pay a therefore, I object. tion as they have. very important tribute to Senator Paul The PRESIDING OFFICER. Objec- I thank my colleagues for their work Wellstone. tion is heard. The Senator from Ne- on this, and I look forward to having vada. f the President sign this into law. f PIPELINE SAFETY I yield the floor. ORDER OF PROCEDURE Mrs. MURRAY. I rise today to note a f very significant event that occurred The PRESIDING OFFICER. The Sen- PAUL AND SHEILA WELLSTONE last night on the floor of the Senate, ator from Nevada. CENTER FOR COMMUNITY BUILD- and that was the passage of the pipe- Mr. REID. It is my understanding ING ACT line safety conference report. that we now automatically go to the As the Presiding Officer knows, in Mr. BARKLEY. Madam President, I homeland security legislation. Is that our State of Washington, a tragic acci- ask unanimous consent that the Sen- true? ate proceed to the consideration of S. dent occurred 31⁄2 years ago when a Mrs. CLINTON. Will the Senator pipeline blew up on a sunny June after- 3156, introduced earlier today by my- from Nevada yield? noon, tragically killing three young self and Senator DAYTON. Mr. REID. Yes. children in our State and devastating a The PRESIDING OFFICER. The Mrs. CLINTON. Did the Senator from mile-wide section of a river that trav- clerk will report the bill by title. Oklahoma actually propound an objec- els through Bellingham, WA. This was The assistant legislative clerk read tion or reserve the right to object? a traumatic event that has impacted as follows: Mr. NICKLES. I object. the lives not only of those families and A bill (S. 3156) to provide a grant for the The PRESIDING OFFICER. The ob- their friends but hundreds of people in construction of a new community center in jection is heard. Bellingham and across this country. St. Paul, Minnesota, in honor of the late The Senator from Nevada. At the time, I thought this was a Senator Paul Wellstone and his beloved wife, Sheila. Mr. REID. The two managers of this uniquely tragic accident that occurred bill have been very patient and cooper- in my State when a pipeline suddenly There being no objection, the Senate ative, but we have to ask their pa- blew up on a sunny Friday afternoon, proceeded to consider the bill. tience once again. We have a matter after school. But after coming back to Mr. BARKLEY. Madam President, that the Senator from Minnesota, Mr. Washington, DC, and researching what today, Senator DAYTON and I are intro- BARKLEY, wishes to bring forward in was known about pipelines, I found out ducing legislation to pay tribute to honor of Senator Wellstone. This will that in a short time period, between Senator Paul Wellstone and his beloved take a short period of time, and I ask 1986 and 1999, there had been 5,700 pipe- wife Sheila. that we be able to move to that at this line accidents. Our legislation would provide a $10 time. What happened in my home State million authorization of Federal funds The PRESIDING OFFICER. The Sen- was not unique. Three hundred twenty- for construction of the ‘‘Paul and Shei- ator from Washington. five people had died in that time pe- la Wellstone Center for Community Mrs. MURRAY. Madam President, I riod. There had been 1,500 injuries that Building’’ at Neighborhood House in ask for time before the Senators from had occurred and $850 million in envi- St. Paul, MN, where Paul and Sheila Minnesota speak. ronmental damage. Working with lived. Mr. REID. I ask that the Senator many colleagues, Senator MCCAIN, who First, let me thank the leadership on from Washington be recognized after chaired the Commerce Committee, and both sides of the aisle for facilitating the two Senators from Minnesota Senator HOLLINGS, who worked dili- consideration of this legislation. Sen- speak. Would that be appropriate? gently with me, Senators INOUYE, ator DAYTON and his staff, Senator Mrs. MURRAY. How much time will BREAUX, WYDEN, BROWNBACK, BINGA- Wellstone’s family and staff, and espe- the Senators from Minnesota require? MAN, DOMENICI, CORZINE, TORRICELLI, cially my colleague from West Vir- Mr. REID. Could I ask of my two my colleague who is presiding today, ginia, Senator BYRD, have literally friends how much time they wish to Senator CANTWELL, and former Senator moved heaven and earth to bring this take on this matter? Gorton, made this an issue in this bill to the floor. Mr. BARKLEY. Madam President, I country. It has been a long and dif- I may be the newest Member of this wish to take approximately 4 minutes. ficult road. We have passed this bill out Chamber, but I fully appreciate the ex- Mr. DAYTON. Madam President, I of the Senate on several occasions. We traordinary efforts of so many to allow will be approximately the same. have been stopped in the House, and Senator DAYTON and I to create a liv- Mr. REID. I ask unanimous consent today we are finally at a point where ing legacy in honor of Paul and Sheila that the two Senators from Minnesota the House, I believe, is going to pass Wellstone in such short order. be recognized for 10 minutes equally di- this legislation as well, and it will be Neighborhood House was founded by vided between the two of them. Fol- sent to the President of the United the women of Mount Zion Temple in lowing their statements—I understand States. It will put into place signifi- the 1880’s as a settlement house, help- they want to move legislation—I ask cant new improvements on training ing newly arrived Eastern European unanimous consent that the Senator and qualifications of our pipeline per- Jewish immigrants to establish a new from Washington be recognized. sonnel, on inspection and prevention life and thrive in their new commu- Senator MURRAY indicates she only practices, on tough penalties for people nity. wishes to speak for up to 5 minutes. So who violate this, and States’ abilities Senator Wellstone always had a gen- I am sure my two friends would allow to expand their safety activities. uine affinity for Neighborhood House,

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11001 as his parents, Leon and Minnie, were to allow us to bring this bill to the Mr. BARKLEY. Mr. President, I ask Russian Jewish immigrants them- floor today. It, too, is a tribute to the unanimous consent the bill be read selves. But his affinity reached far be- respect and love of Paul Wellstone by three times and passed and the motion yond this personal link. Neighborhood his Senate colleagues. to reconsider be laid upon the table, House truly embodies everything that I yield the floor. without intervening action or debate. Paul Wellstone fought for over the Mr. DAYTON. Madam President, I The PRESIDING OFFICER. Without course of his entire life: that all people, am proud to join with my colleague, objection, it is so ordered. no matter their background or eco- Senator BARKLEY, in cosponsoring the The bill (S. 3156) was read the third nomic status or country of origin or Paul and Sheila Wellstone Center for time and passed, as follows: race or creed, would have a fair shake Community Building Act. I pay tribute at life, and an opportunity to belong to to my colleague, Senator BARKLEY, for S. 3156 and enrich their communities. taking the initiative on this matter, Be it enacted by the Senate and House of Rep- Neighborhood House has been build- for your leadership. I believe it has resentatives of the United States of America in ing doorways of opportunity for diverse been one week to the day since the Congress assembled, communities for nearly 120 years. The Senator arrived in Washington, and SECTION 1. SHORT TITLE. Neighborhood House is a multicultural- even before he had undertaken the oath This Act may be cited as the ‘‘Paul and multilingual agency that provides and of office and assumed the official title Sheila Wellstone Center for Community houses an array of programs, including of Senator from Minnesota, he was act- Building Act’’. legal services, child care, recreation ing on behalf of our State. SEC. 2. FINDINGS. programs, senior programs and edu- He deserves the credit for this meas- Congress finds the following: cation. ‘‘Senator Paul,’’ as he was re- ure. Others are moving Heaven and ferred to by many at Neighborhood (1) Senator Paul Wellstone was a tireless Earth, as the Senator said. I believe he advocate for the people of Minnesota, par- House, came every year to the Freedom is too modest. He is the prime mover in ticularly for new immigrants and the eco- Festival at Neighborhood House to this matter. I salute my colleague for nomically disadvantaged. honor the new American citizens from his doing so under such extraordinary (2) Paul and Sheila Wellstone loved St. the Hmong, Latino, and other commu- circumstances. I could not think of a Paul, Minnesota, and often walked the nities. better way for anyone to begin service neighborhoods of St. Paul to better under- Indeed, the entire Wellstone family in this Chamber than to honor our col- stand the needs of the people. was very committed to Neighborhood (3) Neighborhood House was founded in the league, Paul Wellstone, and his wife late 1800’s in St. Paul, Minnesota, by the House. Just 2 weeks before their Sheila, who cared about these matters deaths, Senator Wellstone sent his women of Mount Zion Temple as a settle- from their own heart. ment house to help newly arrived Eastern daughter Marcia to tour Neighborhood As Senator BARKLEY said, with the European Jewish immigrants establish a new House and talk with staff about impor- experience that Paul had being the son life and thrive in their new community. tant issues for our community. of immigrants and his undying compas- (4) Paul and Sheila Wellstone were very In addition, Sheila Wellstone’s cham- sion for those who came to this coun- committed to Neighborhood House and its pioning of women’s issues is embodied try under any circumstances, Paul’s mission to improve the lives of its residents. (5) When Senator Wellstone became aware in Neighborhood House programs such concern extended beyond those who as Hispanic Women in Action, a cul- that the Neighborhood House Community could do him some good in this society. tural empowerment group that enables Center was no longer adequate to meet the Paul’s concern was for those he could women to retain their culture while needs of the St. Paul community, he sug- do good in this society. He devoted learning a new one, address challenging gested that Neighborhood House request countless hours, thousands and thou- Federal funding to construct a new facility. family issues, and develop into leaders sands of hours to people and causes (6) As an honor to Paul and Sheila not only for their families but also where there was no benefit for him, Wellstone, a Federal grant shall be awarded their community. to Neighborhood House to be used for the de- When Neighborhood House began to there was no political advantage. Most of the people coming to this sign and construction of a new community research the construction of a new fa- center in St. Paul, Minnesota, to be known cility to meet growing needs, it was center were not citizens and would not as ‘‘The Paul and Sheila Wellstone Center Senator Wellstone himself who sug- be for a number of years. Paul did it for Community Building’’. out of his heart; Sheila did it out of her gested that the organization seek a SEC. 3. CONSTRUCTION GRANT. Federal statute to help fund the con- heart, out of their common compassion for their fellow citizens, with no (a) GRANT AUTHORIZED.—The Secretary of struction. Housing and Urban Development shall award The Paul and Sheila Wellstone Cen- thought of gain or benefit to them- a grant to Neighborhood House of St. Paul, ter for Community Building will be a selves. Minnesota, to finance the construction of a 93,000 square foot state-of-the-art com- This is a fitting first tribute. I hope new community center in St. Paul, Min- munity gathering place on St. Paul’s it will be only the first tribute. I join nesota, to be known as ‘‘The Paul and Sheila west side. It will house social services, with Senator BARKLEY in asking my Wellstone Center for Community Building’’. community engagement, recreation, colleagues here and in the House to ul- (b) MAXIMUM AMOUNT.—The grant awarded and arts programs for residents of St. timately pay tribute to Paul and Shei- under this section shall be $10,000,000. Paul, as well as new Americans in the la, especially Paul, since this was his (c) USE OF FUNDS.—Funds awarded under greater Twin Cities area. matter of concern, the Mental Health this section shall only be used for the design The Paul and Sheila Wellstone Cen- Parity Act. He worked tirelessly with and construction of the Paul and Sheila Wellstone Center for Community Building. ter for Community Building will also Senator DOMENICI to pass this in the serve as an education and learning cen- Senate, and unfortunately it was not (d) AUTHORIZATION OF APPROPRIATIONS.— adopted in conference committee. There is authorized to be appropriated ter for communities throughout the en- $10,000,000 for fiscal year 2003, which shall re- I join Senator BARKLEY in hoping tire State of Minnesota. Last evening, main available until expended, to carry out the memorial program for the service that measure could be passed in this this Act. to celebrate the lives of Paul and Shei- session. If it is not possible, I will do la Wellstone contained these words: everything I can, working with Senator The PRESIDING OFFICER. The Sen- ator from Connecticut Complete those dear, unfinished tasks of DOMENICI and others next year to see it mine. And I, perchance, may therein comfort does pass. This is an important state- Mr. LIEBERMAN. I congratulate our you. ment of the Senate and the House. We new colleague from Minnesota, not Paul, this is our first step toward fin- need to pass it, honoring Paul and only for the nobility of the purpose for ishing your work. I also commit to Sheila Wellstone. It is appropriate be- which this legislation is dedicated, to working during my short tenure in this cause it symbolizes that compassion, honor the memory of our dear friends distinguished body to try to help pass that spirit of humanity which marked Paul and Sheila Wellstone, but for the your signature legislation, the Mental their lives. fact he achieved the passage of a meas- Health Parity Act. The PRESIDING OFFICER (Mr. ure so early in his time here as a Mem- Again, I thank the Senate leadership JOHNSON). Do Senators yield back their ber of the Senate. I congratulate him for the extraordinary accommodation time? for his purpose and for his success.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11002 CONGRESSIONAL RECORD — SENATE November 14, 2002 HOMELAND SECURITY ACT OF in the previous Gramm-Miller sub- ter training, for new tools, and for co- 2002—Resumed stitute, the overall architecture and ordinated prevention and protection The PRESIDING OFFICER. The composition of the proposed Depart- strategy. And this proposal, as under clerk will report the pending business. ment of Homeland Security is quite our committee bill, would accomplish The bill clerk read as follows: similar to what we conceived in the that. Under this bill also, as under our A bill (H.R. 5005) to establish the Depart- legislation approved by the Govern- ment of Homeland Security, and for other mental Affairs Committee, first on a committee bill, for the first time we purposes. partisan vote in May and then unfortu- would bring key border and national entry agencies together to ensure that Pending: nately in a bipartisan vote in July of this year. dangerous people and dangerous goods Thompson (for Gramm) amendment No. are kept out of our country without re- 4901, in the nature of a substitute. This bill, the substitute, would cre- Lieberman/McCain amendment No. 4902 (to ate a new Department with major pro- stricting the flow of legal immigration amendment No. 4901), to establish within the visions responsible for border and and commerce that clearly nourishes legislative branch the National Commission transportation security, intelligence, our Nation. Today, threats to America on Terrorist Attacks Upon the United and critical infrastructure protection, may be slipping through the cracks be- States. emergency preparedness and response, cause of our disorganization, and that Mr. LIEBERMAN. Mr. President, I science and technology, and immigra- is indefensible. will speak on the substitute on home- tion services. Under this bill, as under our bill, for land security introduced yesterday by This bill is nearly identical to the the first time we would promote significant new research and technology Senator THOMPSON on behalf of Sen- bill approved by the Governmental Af- development opportunities and home- ators GRAMM and MILLER. My feelings fairs Committee in deciding which do- land defense. The war against ter- about this substitute, to put it as di- mestic defense-related agencies and of- rorism has no traditional battlefield. rectly as I can, are mixed. The sub- fices should be transferred and how One of the untraditional battlefields stitute would create a single strong De- they should be organized. In fact, when where we must fight to emerge vic- partment of Homeland Security under we say, as has been said so often in this torious is the laboratory. Today these the leadership of an accountable Sec- debate in this Chamber, that there is efforts are dispersed and often blurred. retary, which many Members have sup- agreement on 90 to 95 percent of what That is unwise. We cannot tolerate this ported, actually, for more than a year we should be doing here with regard to any longer. now in response to the terrorist at- homeland security, that is what we Under this bill, as under our bill, for tacks of September 11, 2001, and the mean. We mean we agree on the big the first time we would facilitate close dangerous vulnerabilities in our federal picture, if I may put it that way. That and comprehensive coordination be- homeland security system that those is a big deal. tween the public and private sectors to attacks revealed. We recognize that today’s terrible protect critical infrastructure. Fully 85 The substitute is also problematic in vulnerabilities are there and we agree percent of our critical infrastructure is many ways. I categorize them in four not only on the need for a comprehen- owned and operated by the private sec- chunks. sive reorganization to close those tor. We are talking here about electric First, this substitute contains sev- vulnerabilities but almost all of the grids, transportation, food distribution eral provisions that are just ill-con- components that have reorganization. systems, cyber-systems, and the like. ceived, missed opportunities to close Today, homeland security is institu- We have to close vulnerabilities in vulnerabilities in our security or that tionally homeless—everyone is in those systems before terrorists strike otherwise make the wrong choice. charge and therefore no one is in them. To do so, we have to be working Second, the bill contains provisions charge. Under this substitute, as under with the private sector. that are unrelated to homeland secu- our committee-approved legislation, In all of these areas, this piece of leg- rity legislation. Apparently, as often that will no longer be the case. Under islation, the substitute, will usher in, I happens in Congress, some of our col- this bill, as under our bill, for the first am confident, a much more secure na- leagues have decided to put the provi- time we would bolster emergency pre- tion. Beyond its overall structure, I am sions on what they assumed was the paredness and response efforts to en- also pleased the substitute has moved last bus out of town during this session sure that all areas and levels of govern- toward our committee-approved bill in rather than waiting for the right ride. ment are working together to antici- a number of specific areas, namely in- Third, the bill contains provisions pate and prepare for the worst. Today, telligence, science, and technology, that do seem, as we approach Decem- the fact is that coordination of our workforce improvement, and appro- ber, to be gift wrapped by lobbyists to homeland security agencies is the ex- priations. I want to discuss these each satisfy some special interests, not care- ception, not the rule. That is unaccept- briefly now. fully considered to improve the secu- able. First, intelligence. The President’s rity of the American people. Under this bill, as under our bill, for initial proposal had a very limited con- Fourth, a number of provisions in the the first time we will have a single ception of the intelligence powers and bill are 11th hour additions, new to ev- focal point for all of the intelligence responsibilities of the new Department. eryone in the Senate, not previously available to our Government so it can The intelligence provisions in this bill included either in the legislation that be properly fused and analyzed, and so borrowed heavily from our legislation, came from our Governmental Affairs that we will enhance our ability to and as a result will give our Govern- Committee or in the so-called Graham- deter, prevent, and respond to terrorist ment a much better opportunity to Miller substitute, at least in its pre- attacks. avoid repeating the disastrous dis- vious iterations. This makes it dif- This was clearly one of the most connects that prevented us from con- ficult to know whether these provi- glaring weaknesses of our Government necting those dots before September 11. sions are good or bad. It is in that leading up to September 11, 2001, as the First, the bill would, like our com- sense that these last-minute conditions excellent work done by the Joint Intel- mittee legislation, make it clear that on a critically important bill are not ligence Committee investigations has the purpose of the new Department’s up to the standards the Senate should made clear. information analysis function includes follow, and are not of the urgent neces- Under this bill, again as under our fusing, analyzing, and disseminating sity that cries out for this bill, which committee bill, for the first time we intelligence to deter, prevent, preempt is to protect the homeland security of would build strong bonds between Fed- or respond to all terrorist threats the American people. eral, State, and local governments to against the United States. That is a There are many good things to say target terrorism. State and local offi- central change from the President’s about the substitute in a number of cials are on the front lines of the fight initial, more limited conception of an areas. The bill has made real progress against terrorism, as we learned so intelligence division designed pri- from earlier proposals, both from the clearly and painfully in the death tal- marily to protect our critical infra- President and from our Republican col- lies of the September 11 heroes. Today, structure. We argued that was inad- leagues. I am grateful, once again, as local communities are waiting for bet- equate because—well, the World Trade

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11003 Center itself, and the Pentagon, are retary, a Homeland Security Advanced bad news. That was the good news in not parts of our traditional critical in- Research Projects Agency that is mod- the substitute. There is some bad news frastructure, nor are shopping malls eled after DARPA in the Department of as well. and places of public gathering which Defense, federally funded research and While this bill, as I have just indi- terrorists unfortunately strike. development centers to provide analyt- cated, does incorporate, particularly in This substitute also made progress in ical support to the Department, and a the Akaka-Voinovich agreement, some priority setting. It gives the Under mechanism for allowing the Depart- substantial human capital reforms for Secretary the authority to work with ment to access any of the Department the Federal workforce, it unfortu- the Director of Central Intelligence of Energy laboratories and sites. nately also takes a step backward in and other agencies to establish intel- All of these were not included in the other related areas. On the personnel ligence collection priorities and in- President’s original homeland security issues—the Federal workforce issues sures that the Department of Home- proposal. I am grateful to the authors that became such an unfortunate land Security will be at the table with of the substitute for including them wedge between us here in this Chamber the rest of the intelligence community now. for so long—I must say I am not happy when intelligence requirements and There are some other points of with the outcome. I don’t want to re- priorities are established. progress in the bill I think are worth hash the arguments for and against Finally on this point, the bill does noting. keeping civil service protections in seem to have moved closer to the com- First, thanks I gather in large meas- place and giving union representative mittee bill on the crucial issue of ac- ure to the effective advocacy by the employees basic protection against cess to information by giving the new senior Senator from Alaska, Senator having their rights arbitrarily termi- Department access to information ex- STEVENS, and unlike the President’s nated. But let me just say this. What cept in cases where the President ob- original proposal, this substitute has motivated us all along was a desire to jects. wisely preserved congressional ac- ensure this new Department would However, some differences do remain countability over spending by the new from day one have not only the best on intelligence. Rather than creating Department—after all, that is our con- leadership, the most sensible organization, and the resources necessary to do separate Senate-confirmed Under Sec- stitutional role—and in doing so has the big job we are giving it, but that it retary positions to oversee intelligence rejected the administration’s call for would also have the highest quality analysis and infrastructure protection, expansive authority to shift money and best motivated workforce it could the substitute creates Assistant Secre- among accounts—appropriated money, the public’s money—without approval possibly have; that we would not begin taries within the same division of the the history of this new Department new Department. In my view, intel- by Congress. Second, this bill has made significant with expressions of suspicion about the ligence and infrastructure protection strides in safeguarding the Depart- commitment—even perhaps the patri- should each be led by a separate Sen- ment’s integrity, cost-effectiveness, otism—of these Federal employees, but ate-confirmed Under Secretary, each of and respect for individual rights. that we would engage them together as whom can bring the necessary clout, The original Gramm-Miller sub- part of a team, as respected members attention, resources, and attention to stitute, offered on behalf of the admin- of the team, and indeed as those mem- those complex and different challenges. istration, would have created a depart- bers of the team who would be doing The access to information provisions— ment without a civil rights officer or the critical work every hour of every Senator SPECTER and I agree, and he privacy officer, and with an inspector day to protect the security of the may also have an amendment on general over whom the Department’s American people at home. them—also could be enhanced. Secretary would have had unprece- We often in our debate referred to the On the whole, however, this critical dented authority, thereby making it events of September 11 and the fact function of the Department, intel- possible that the inspector general’s that those firefighters and police offi- ligence, has been greatly improved in independence would have been com- cers who we honored for their heroism, this substitute. The Department cre- promised. who we mourned for the ultimate sac- ated by this bill will systematically or- In this new substitute now pending, rifice that they gave, were all members ganize, scrutinize, and bring together there is once again a civil rights officer of unions, were all governed by civil all relevant data in order to much bet- in the Department, there is a privacy service rules. But in the hour of crisis, ter protect the American people from officer, and the Secretary’s authority in the hour of public need, not a single terrorism. over the inspector general has been one of them but for a second thought Science and technology next. So, too, substantially checked. about their union rights, or their col- has this substitute moved toward our I wish the improvements had gone lective bargaining agreement, or their legislation on science and technology. further. Our committee-endorsed bill, civil service agreement. They rushed to Our committee worked very hard to for instance, would have given the civil the duty that they had, and accepted it give this new Department the creative rights officer and the inspector general as public employees. abilities it needs to develop and deploy more authority than the substitute At one point a few months ago, a a full range of technologies to detect does and, therefore, help assure a new group of us met with a battalion chief and defeat danger on our home soil. Department of Homeland Security that from the New York City Fire Depart- In World War II, of course, we had would more likely adhere to the high- ment. He told us that on that day, Sep- the Manhattan Project, scientists who est standards of values and conduct. tember 11, he was off duty with a group came together to design revolutionary But I am grateful for what has changed of friends who were off duty. When weaponry which was ultimately deci- in this substitute. they heard the planes had hit the sive in that war. Finally, I am pleased that the sub- World Trade Center, they just rushed In the war against terrorism here at stitute amendment has incorporated to the scene. He talked about terrible home, we need revolutionary defense the entire Federal workforce improve- frustration and heartbreak because technologies, machines that can scan ment bipartisan proposal developed by some of his colleagues, when they got for dangerous materials—biometric Senators AKAKA and VOINOVICH, both to the scene, were told they could not identification systems, information distinguished members of our Govern- go into the building to try to rescue analysis software, vaccines and anti- mental Affairs Committee. That re- those who were there. That is what dotes to deadly pathogens—poisons. form package will help this Depart- public service is about. Civil service The list goes on and on, most of it ment and all other Federal Depart- protections and collective bargaining probably at this moment unimaginable ments attract, retain, and reward the rights never come between public em- in detail but critically important to best talent with the help of new per- ployees and their obligation or respon- our future security. sonnel management tools and manage- sibility to do duty. It was shown over I am very gratified to see the sub- ment flexibility given to the new Sec- and over again by the Federal employ- stitute before us provides for a Direc- retary. ees in the departments and agencies torate of Science and Technology head- Mr. President, unfortunately, as I that will be consolidated into this new ed by a Senate-confirmed Under Sec- said at the beginning, there is some Department.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11004 CONGRESSIONAL RECORD — SENATE November 14, 2002 On this front, this substitute con- tions are altered or removed, the ad- take complaints about vaccine addi- tinues to be a disappointment to me. ministration can demonstrate a clear tives out of the courts and require The bill fails to correct major problems need for doing so in the context of the them to be made through the Federal in the previous Gramm-Miller sub- homeland security mission of the De- Vaccine Injury Compensation Program. stitute, and, as a result, I fear, invites partment. We expect fair and inde- That would affect potential claims politicization, arbitrary treatment, pendent procedures will be maintained involving the mercury-based preserva- and other personnel abuses in the Fed- for all employees with grievances, es- tive thimerosal. Because there are a eral Government in a way that may pecially those who allege abuse or cor- number of class action lawsuits pend- damage the merit-based workplace ruption within the Department—whis- ing on this issue, this is a highly con- Federal employees and the American tleblowers. We expect changes to the troversial and complicated issue, one people—we the American people—who system will be carefully crafted that the relevant committee of the these Federal employees serve and in through negotiation and collaboration Senate, which has been working on it, this new Department must protect with employees and their representa- the HELP Committee, has not been have come to depend upon. tives at all levels, from the rank and able to come to a consensus on after I hope, of course, that what many file to top echelons of management. several months of deliberation. fear does not occur and that if, or prob- And if a disagreement arises, or an So why is this provision being rushed ably when, this substitute passes, this agreement is not possible to obtain, through now in the context of home- and future administrations will not the required 30 days of mediation and land security legislation in a way that overstep their bounds, will not unfairly negotiation between the administra- makes it very hard for us to reach a use the unprecedented authority they tion and the unions will be substantial proper conclusion, though we have very are given in parts of this legislation, and in good faith, not cosmetic. significant fears that rights of injured and will not undermine thereby the ef- The administration has pledged not parties are being severely limited? fectiveness of the new Department. to undermine the integrity of a merit- The bill also omits a vital provision I must say I still personally fail to based public-sector workplace. Here in our bill that would have provided $1 understand why any President would again, the American people and we in billion for each of the fiscal years 2003 need to remove collective bargaining Congress will be watching, and watch- and 2004 to local governments to hire rights from unionized employees who ing carefully. firefighters. This provision, sponsored have a long and proud history of help- Let me discuss a few other concerns in our committee, and cosponsored— ing to protect the homeland, as the that I have about the substitute. On again, bipartisan—by Senators Carna- 45,000-some employees who will be immigration, this bill takes what, in han and Collins, would create what is unionized of the 170,000, who will be my view, is a step backward from our effectively a firefighter’s version of the moved to this Department, and who committee-approved legislation by immensely successful and productive will continue to do exactly the same splitting the Immigration and Natu- and valued COPS Program that we cre- work they have done for decades. ralization Service programs between ated in the 1990s. I believe it started in While previous Presidents have had the Border Directorate, where all im- 1994 for police officers locally. the same authority and have not exer- migration enforcement will be housed, After September 11, the firefighters cised it to remove their collective bar- and a new Bureau for Citizenship and are people we depend on, particularly gaining rights, they will continue to do Immigration Services, which will han- in an emergency. The fire departments that work in this new Department. If dle immigration services. have taken on new responsibilities and when this President or any future I am concerned that this configura- throughout the country post Sep- Presidents should decide to eliminate tion may diffuse responsibility for im- tember 11 and are doing more hiring, so collective bargaining within a unit of migration policy and coordination we need to help them pay for their new the Department—as they will have the among a large number of officials. And personnel. We need to help them train legal power to do if this substitute it is contrary to the earlier bipartisan and equip those personnel. Unfortu- passes unilaterally—I am confident the Kennedy-Brownback immigration leg- nately, that pathbreaking, productive, Congress will not just sit back and islation. progressive provision has been taken watch. I am also troubled that the bill weak- out of the substitute. We will expect the President to take ens provisions we had carefully devel- such a step only if it is truly essential oped to ensure that the independence Mr. BYRD. Mr. President, will the to national security and not merely a of immigration courts would be pre- Senator yield? management convenience or an ideo- served and that vulnerable child aliens Mr. LIEBERMAN. I will yield for a logical compulsion. We will expect the would not be lost in the shuffle to the question from the Senator from West Department’s leadership will have first new Department. Virginia. made good-faith efforts to work coop- I regret that the bill would shield pri- Mr. BYRD. My question is this: The eratively with their employees who are vate-sector information that is volun- distinguished Senator is pointing out union members, determining that tarily submitted to the new Depart- some very glaring differences between union representation is in fact incom- ment from the Freedom of Information the bill—I call it a bill. Is this the patible with national security. We will Act from being used in civil litigation hydra-headed monster that has come expect the explanation the President and even from release by State and over from the House in the last 24 provides to Congress, required under local governments under their own hours or so? And is this the item before this substitute, to be thorough. The ad- sunshine laws. That is a major retreat the Senate today? And is this the vehi- ministration for its part has said, par- from the carefully crafted bipartisan cle to which the distinguished Senator ticularly in recent days, it is not out to Bennett-Levin-Leahy compromise that from Connecticut is addressing his re- break Federal employee unions, but was included in our committee bill and marks? That would be my first ques- only to retain an extraordinary author- in the Gramm-Miller substitute in its tion. ity that has been exercised only a original form, and is of particular con- Mr. LIEBERMAN. Through the handful of times over the last four dec- cern to community groups, workers, Chair, I thank the Senator from West ades. We in Congress and our succes- environmental advocates, and watch- Virginia. sors and I believe the American people dogs who depend on access to this in- The House, last night, adopted a pro- will hold both this President and his formation to help them reduce environ- posal which I gather is essentially the successors to that promise. mental health and safety risks to same, perhaps totally the same, as this When it comes to the creation of a themselves, their families, and the substitute which was offered yesterday modified personnel management sys- public. by Senators THOMPSON, GRAMM, and tem, we expect the employees in the In addition, out of the blue, if I may MILLER. new Department will be hired, pro- phrase it that way, this substitute in- Mr. BYRD. So what we have before moted, disciplined, and fired based only cludes a provision that had not been the Senate—Mr. President, will the on merit. We expect that if and when seen in any previous proposals regard- Senator yield further? existing civil service rights and protec- ing homeland security, and that would Mr. LIEBERMAN. I will.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11005 Mr. BYRD. What we have before the tion, virtually sight unseen in many and a great deal of the spring of this Senate is a massive piece of legislation ways. There are many parts of it, of year into his bill. He and his com- with 480-odd pages, that has been vir- course, that, as the distinguished Sen- mittee have worked hard. Mr. THOMP- tually dropped into our laps within the ator from Connecticut has indicated, SON and others have worked hard on last 36 hours, allowing for yesterday were probably lifted out of the measure this homeland security bill. and thus far today. This is a virtually which he and the other members of his I will take my own time on the floor new bill, as I see it; is it not? It is committee, both Republicans and later today to say these things, but I something that was—I read about it in Democrats, reported from that com- will just say this: We are being impor- the newspapers—something to the ef- mittee some several months ago, that tuned by this administration, by this fect this is a compromise that was bill we referred to back in those days President, to vote quickly on this bill passed by the House and sent to the as the Lieberman substitute. creating a department of homeland se- Senate. It is now under discussion in Mr. LIEBERMAN. I remember those curity. I think it is irresponsible of the the Senate. days fondly. administration to insist upon the Sen- The distinguished Senator from Con- Mr. BYRD. Yes, I remember them ate’s acting on this legislation in such necticut is performing, as I see it, a fondly also. a great hurry. great service in addressing his remarks Mr. LIEBERMAN. I thank the Sen- One might say, well, they have had to this monstrosity. That is my word ator. all summer. But we have not had all Mr. BYRD. But I am very disturbed for it. It is a monstrosity. It is almost summer. We have something new here by the fact that here we have before 500 pages, and it is just suddenly that was just brought into the Senate the Senate a measure which is in many dropped into our laps. This is not the yesterday, and we are being impor- ways a measure that has not been seen, bill which came out of the committee tuned to vote for this legislation before studied, except for the few hours of chaired by the Senator from Con- we go out of session, presumably yesterday and today we and our staffs necticut, is it? maybe at the end of next week, maybe have been able to allot to it. This is Mr. LIEBERMAN. I thank the Sen- not. But I think it is most irrespon- something new, and we are going to be ator. As I said at the outset of the re- sible for the administration to put this asked to vote on cloture on this vehi- marks I am giving here, there is a lot kind of pressure on the Senate, espe- cle, this piece of legislation. We are that is in this substitute that has, in cially when the administration has going to be asked to vote on cloture by fact, been taken from our committee turned its back on appropriations bills no later than tomorrow on this matter, bill. But as I am enumerating now, that have been reported from my com- and we don’t know what is in it. I don’t there is a lot also that has been added, mittee, the committee chaired by me know what is in it. I have had my staff and some of it really at the last mo- and the ranking member, Mr. TED STE- on it since yesterday when it first VENS, former chairman of the Appro- ment. made its appearance in my office in the Some of it is compromise legislation, priations Committee and soon to be form of several separate pages which I for instance, on the question of Federal chairman again. hold in my hand, various and sundry worker rights, which we have been de- I think the administration has had pieces of it, almost 500 pages. bating here for several weeks now. But before it these various and sundry ap- Here we are going to be asked to vote propriations bills, many of which con- some of it, such as the provision on on cloture on this measure tomorrow. I child vaccine and the liability of phar- tain homeland security appropriations. hope we don’t invoke cloture. I hope Yet this administration has put the maceutical companies in cases of in- Senators will not vote to invoke clo- pressure on the other body, the Repub- jury from that vaccine, we have never ture on this matter tomorrow. The lican-controlled House, not to pass seen in any of the many forms of home- Senate is entitled to have more time in those appropriations bills. land security legislation that have studying this measure before we vote There was homeland security. There been introduced or discussed, and not on it. The American people are entitled was real homeland security. If the ad- only in the Senate but I believe in the to know more about what is in this bill ministration would just have taken the House as well. as it comes to us now from the House, bonds or the chains or the handcuffs off Mr. BYRD. Mr. President, will the what is in the bill before we vote on the House and let it act on those appro- distinguished Senator yield for a fur- cloture. I think people are entitled to priations bills, there is homeland secu- ther question? that. rity. If we really want to do something Mr. LIEBERMAN. I will. I say to the distinguished Senator for the people, do it fast for them—and Mr. BYRD. Mr. President, in speak- from Connecticut, again, he is per- I will go into this in greater length ing of the vaccines, as you know, in forming an extremely important serv- later today—there was the chance. In- this town, and in this Chamber, there ice to the Senate, to his people, and to stead of putting the pressure on that, is often a great deal said about pork, the people of the United States. I was instead of pushing hard to get the ap- about pork, and particularly with ref- in my office when I heard him talking. propriations bills through and get erence to appropriations bills. I heard him talking about the vaccines. them down to the President so he could This seems, to me, to be some pork— I heard him talking about other areas sign them, the administration has in- some pork—in this bill for the pharma- of the bill which are new to him, some stead put great pressure on the Senate ceutical companies. of which he had not seen. He indicated now to pass this homeland security That is what it sounds like. I believe they are new to him. bill. the distinguished Senator from Illinois Why should we vote? I ask this ques- Yet we don’t know what is in the bill. will later have something to say about tion. The distinguished Senator may We haven’t had much time. this, possibly have an amendment in not wish to answer it right now, but it My question is—the Senator may not regard to it. That was kind of what I is a question. I am within my rights to want to answer it—does he not think understood from a conversation earlier ask the Senator a question, if he is that the Senate ought to take more today. It sounds to me as if this is willing to listen to my question. Per- time before invoking cloture? I respect something brand new to the distin- haps this is a rhetorical question. But the fact that sooner or later cloture guished Senator from Connecticut. why should Senators invoke cloture? will be invoked. But it wouldn’t hurt— What I am leading up to is this ques- Why should Senators vote to invoke I will say this on my own—for this bill tion: Here we have a bill we are being cloture on a measure when they don’t to go over until next year when we asked to pass virtually sight unseen. know what is in it? Many of them did could have more time to look at the 485 We have had yesterday and thus far not know what was in H.R. 5005 before pages—I may be missing one or two—so today to study this new vehicle that the August recess, and many of the that we could take our time and know has come to us from the House, passed Senators, I assume, did not know a what we are voting on. by the House, I believe. And this vehi- great deal about what was in that bill They will say: Something may hap- cle itself did not come before the com- even after we debated it for a consider- pen. The terrorists may strike. We mittee that is so ably chaired by the able length of time. need to get this done. distinguished Senator from Con- The distinguished Senator from Con- Let me say to my dear friend the necticut. This is a new piece of legisla- necticut has put most of the summer Senator and other Senators and to the

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11006 CONGRESSIONAL RECORD — SENATE November 14, 2002 Chair: Passing this bill won’t make one Ridge, and Mr. Gonzalez, the White My question is, does not the Senator whit of difference if a terrorist attack House counsel. Those four eminent feel it would be time well spent if this occurs tonight, tomorrow, next week, public officials hatched up this great, Senate did not invoke cloture tomor- next month. Passing this bill will not grand idea and unveiled it. row, or maybe the day after, or next make one whit of difference. The peo- The President called us down for the week, but would it not be time well ple who are to protect us under this unveiling. I remember, he said he had spent if the Senate took the necessary bill, if we ever get the bill passed and to go to St. Louis to make a speech, hours to carefully study what is in this get it implemented, this new depart- but before he went, he said he had this new package that has been dropped on ment up and running, the people who package. He didn’t explain what was in our desks not more than 6 hours ago? Is will be ensuring the safety of the the package. He referred to it as ‘‘this that a fair question? American people under this bill are out package.’’ He wanted to see this pack- Mr. LIEBERMAN. I thank the Sen- there right now: Immigration and Nat- age passed quickly and he was going to ator from West Virginia. It is a fair uralization Service, the Customs Bu- have to go to St. Louis and make a question. I would like to answer it by reau, the policemen, firemen, the emer- speech. I seldom go down to the White continuing to outline some of the gency health personnel, the border se- House. I am not invited much anymore, shortcomings in the substitute before curity personnel, the security at the but I am not crying about that. I don’t us, and then offering a conclusion, and ports. These people are out there now. want to go down there, as a matter of then I will yield to the Senator from Il- They are out there every day. fact. I went down when I was majority linois, who has been waiting to be rec- This bill, only for political reasons, is leader and minority leader and major- ognized. going to amount to a hill of beans. ity whip so much that I got tired of I thank the Senator from West Vir- That will be all it will be worth. They going. Others may have the pleasure. ginia for his comments and his recol- can say, well, they passed the bill. But But on this occasion I went. it won’t make the people of this coun- The President said here we have this lection of the history here. try a bit more secure. package, and he said he wanted to Mr. BYRD. Also, the Senator has As a matter of fact, they will be thank the Members of Congress for made some valuable contributions lulled into a feeling of security when their input. I scratched my head. What today by pointing out already some of they will be very insecure with this input is he talking about? The Mem- the differences that he sees in the new bill—as much so, or more, perhaps, bers of Congress haven’t had any input. language. So it seems to me—I will an- than if we didn’t pass it. I am one of He said, ‘‘I have to hurry and go to swer my own question—that we need to those who, first, may I say to my speak.’’ He called on the Speaker for a take more time than just tomorrow in friend—if he will allow one further few words. He called on the distin- invoking cloture on this bill. We owe it comment and then my question—I am guished Republican leader here, and he to ourselves and to the people. one of those who first advocated a De- called upon the distinguished Demo- We are creating a brand spanking partment of Homeland Security; I am cratic leader, and he called upon the new, big, massive Department. In this one of the first to advocate it. But I distinguished Democratic leader in the package, we are going to make a mas- have had the bitter experience of try- House, and then he was finished. He sive transfer of power to the executive ing to get the Director of Homeland Se- didn’t call on me. I was just invited to branch. I plead to Senators that they curity up before the Appropriations come as an ornament, I suppose, one not vote for cloture on this tomorrow. Committee, and Mr. STEVENS, the that is not often seen by people at the At least give us another week. ranking member, joined me in inviting White House. I thank the distinguished Senator for Mr. Ridge up before the committee, but In any event, the President started his patience, which is a customary the President said no. He put his foot off to make that speech in St. Louis. I characteristic of his. I value him, and I down and said, no, he is on my staff; he said, ‘‘Wait a minute, Mr. President. I am going to listen with great interest doesn’t have to come. We had no alter- heard you say something about this to what he continues to have to say native but to go ahead with the seven package, how you want this passed. I about this measure. department heads and various and sun- don’t know what is in this package.’’ dry mayors and Governors throughout Then he said to somebody down the Mr. LIEBERMAN. I thank the distin- this country, and police organizations, line that may have been a Member of guished Senator from West Virginia health organizations, firemen organiza- the House, may have been a Demo- once again. I mentioned, when the Sen- tions, and so on. cratic leader there—I don’t recall— ator asked a question or two, about the We came up with a good bill. But in maybe I do, but I don’t need to say. omission from the bill of the program that bill, we also included language Anyhow, when reference was made to that our committee created, which that would have required the Director this ‘‘thing,’’ that we need to pass this would have authorized a COPS-like of Homeland Security to be confirmed thing in time for the first anniversary program for firefighters, which would by the U.S. Senate. So we said, OK, it of September 11, I said, ‘‘I heard some- be critically important to local fire de- won’t be done by invitation; you will thing said about this ‘thing,’ that we partments all around America, who are come because you are going to have to need to pass it in time for the first an- already spending more money to get be confirmed by the Senate, and then niversary. I don’t know what this ready to protect their people from ter- you will come. So the administration ‘thing’ is.’’ rorist attack. I want to go on with a saw that coming down like a Mack I kind of dismissed it in my feeble few more of what I call the bad news in truck. They saw it coming down the way, in that manner, saying I didn’t the substitute. The substitute also track. It passed the Senate with 71 know what they are talking about, this grants—it’s ironic that I come to this votes—at least 71, as I recall. There thing, this package. Nobody explained moment now, but it grants the Sec- wasn’t a finger raised against that pro- this ‘‘package’’ to me down there. No- retary of the Department of Homeland vision, not an amendment offered to body explained what this thing was Security broad reorganization—I’m strike that provision; and the adminis- down there. So I came back up to the sure Senator BYRD will speak to this tration saw that bearing down on them Hill, knowing little more than I knew later in the day—with no need for con- like a Mack truck, so they rushed to when I went down. gressional approval. The President get ahead of the wave, which they are I say all that to say this: Here, today, would simply submit a reorganization pretty good at doing. Out of the bowels we don’t even have the ‘‘package’’ they plan to Congress within 60 days after of the White House, they hatched this had that day. We don’t even have the enactment. No congressional approval idea of homeland security, and here it ‘‘thing’’ they were talking about that would be required, as it would under was—not here it is. This is something day. Here is a brand new animal that both Gramm-Miller and our committee new. It came up here. This Department has been brought in here—480-odd bill. Only notice. of Homeland Security had been pages—and they are saying we have to The substitute also contains a sweep- hatched by Mitch Daniels, Director of pass it. The Senator and I and others ing liability protection provision that the Office of Management and Budget, are going to be asked to vote for clo- eliminates punitive damages and pro- and by Andrew Card, and by Tom ture on this ‘‘thing’’—the new thing. vides other caps and immunities from

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11007 liability for any products that the Sec- are unwilling to scrutinize every agen- tack is coming and give us the time to retary of the new Department of Home- cy in our Federal system unflinch- stop it before the terrorists act. This land Security certifies as antiterrorism ingly? agency will create such an intelligence technologies. The answer, unfortunately, is we can- division now. The urgent necessity for This provision, if construed broadly, not. That is why the homeland security a new Department has to be weighed could do serious damage to individuals’ legislation our committee proposed against the shortcomings and the late rights. The Secretary must simply des- was amended by the Senate by a re- additions that I have described. ignate that a new technology is sounding, overwhelming bipartisan I cannot repeat the plain facts about antiterrorism-related, and the exemp- vote of 90 to 8 to include a provision of- our persistent vulnerabilities often tion and the protections that are pro- fered by Senator MCCAIN and me and enough. I have said them before and I vided by this section of the bill go into others to create a bipartisan, non- will repeat them. The writer H.G. Wells effect. political blue ribbon commission to in- once said: Perhaps the most egregious flaw is vestigate the Government’s failures in Adapt or perish, now as ever, is nature’s in- the bill would cap liability at the lim- all the years leading up to September exorable imperative. its of a seller’s insurance, meaning peo- 11. Adapt or perish, and that is our chal- ple who allege they have been injured In fact, the earlier iteration of the lenge and our choice today. Adapt to by one of these technologies certified so-called Gramm-Miller substitute em- the new terrorist threat or grow weak- by the Secretary can go either com- braced, after the Senate spoke so reer and watch some of our fellow Ameri- pletely or partially uncompensated soundingly, that same idea for a bipar- cans perish. even if a seller who is liable has more tisan commission. Yet this substitute Adapt to build on our strength and than enough money to compensate omits that proposal. That is out- our ingenuity, or continue to have the them because the provision of this bill rageous and unacceptable. We should American people live in fear. says the limits of liability are the lim- not accept it, and I can tell you that Adapt or have your children grow up its of coverage of the seller’s insurance. the families of the victims of Sep- feeling that they are at the mercy of Even if, as I read this provision, the tember 11 do not and will not accept it. our terrorist enemies, no matter how seller has assets and the plaintiff has Senator MCCAIN and I said yesterday, strong we are in conventional military proved that his or her injuries are the and I repeat today, that we, and I am power, in economic strength, in cul- result of negligence by the seller, the sure many others on both sides of the tural strength, in values, rather than liability is capped at the limit of the aisle, will be persistent and steadfast seize the moment and control our own insurance policy. That is a significant and continue to search for and find destiny through our strength and the change in tort law. every possible vehicle and method we organization of it. At various times in this Senate, I can to get this independent commis- A bill creating a Department of have been quite active in advancing sion to investigate September 11 adopt- Homeland Security led by a strong and what is broadly called tort reform. ed. accountable Secretary will make sure This section some may describe as tort Let me now say by way of conclu- that our domestic defense efforts do reform, but I think it goes way over sion, I have tried to describe the good adapt to this new threat. It is really a the line in compromising the rights of parts of this bill because, again, most source of continuing regret and frus- individuals under our system of neg- of the proposals in the bill, the overall tration that the substitute comes to us ligence and tort law. architecture of the new Department, now not only with compromises that Finally, the bill fails to include a and most of the specific provisions are have been made that are less than I package of vital information tech- taken from the bipartisan legislation would have liked—very few of us get nology reforms initiated by Senator that emerged from the Governmental exactly what we would like in legislation; that is the nature of the process— DURBIN, who will speak soon, and co- Affairs Committee in the Senate, but that irrelevant and very troubling sponsored by Senator THOMPSON and which I have been privileged to chair. myself that were included in our com- In fact, in some significant ways that additions have been made to the legis- mittee-approved legislation. This I have outlined, this second iteration of lation, and that is the balance that we amendment would dramatically im- the Gramm-Miller substitute has been are going to have to strike. For my part, I have filed several prove the way data is managed in the improved to take in even more parts of amendments by the 1 o’clock deadline new Department, and that will be cen- our initial proposal. We have all today to strike various parts of this tral to the Department’s effectiveness learned together how to improve this substitute that I think are not only of protecting the security of the Amer- legislation. That is all to the good. marginally relevant but, in some cases, I do disagree respectfully with my ican people at home. totally irrelevant to the central task of It would also improve the way data is dear colleague from West Virginia be- homeland security, and not only do not managed throughout all agencies re- cause I believe there is an urgent ne- add but subtract from the rights and lated to homeland security by allowing cessity now to better organize our freedom from fear of the American peo- agencies to share and integrate their homeland defenses because the current ple. data swiftly and seamlessly. By failing disorganization was part of the cause It is nonetheless urgent to go forward to tackle information technology man- of September 11. The continuing dis- and act on this measure. I, for one, do agement, the substitute misses a huge organization is dangerous. Yes, the intend to vote for cloture to bring this opportunity to fix one of the most frus- various agencies are out there, but as I debate to a conclusion, but I have at- trating bureaucratic barriers to effec- said at the beginning of my statement, tempted to fashion the amendments I tive homeland security, and it will be a everyone is in charge, therefore no one have filed in a way that cloture will shame if this provision, which is non- is in charge. We need to bring these not prevent me from obtaining a vote controversial, is omitted from the sub- agencies together. We need to elimi- in my attempt to strike some of the stitute. nate overlap and save some money by objectionable and unnecessary provi- Finally, I wish to say briefly, because doing that. We need to make them sions of this substitute proposal. I spoke to this yesterday when Senator more efficient and, most of all, have a ‘‘Adapt or perish, now as ever, is na- MCCAIN and I offered the amendment, I clear line of accountability. ture’s inexorable imperative,’’ those was deeply disappointed to find that There remains—and this really gnaws words of H.G. Wells speak to each one the substitute bill fails to include an at me, and I know many Members of of us as we balance the good and bad in independent citizens commission to in- the Senate—a disconnection between this substitute and decide how to vote. vestigate the September 11 attacks. too much of our intelligence commu- I yield the floor. How can we learn from the past if we nity apparatus and law enforcement The PRESIDING OFFICER. The Sen- do not face up to our own failures hon- apparatus, including State and local ator from Illinois. estly and directly and bravely? How law enforcement, and that disconnec- Mr. DURBIN. Madam President, I ex- can we reassure the American people tion means we do not have in one place press my gratitude to the Senator from we are taking every necessary step to all the information that can telegraph Connecticut, the chairman of the Gov- protect them against terrorism if we to this new agency that a terrorist at- ernmental Affairs Committee. I do not

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11008 CONGRESSIONAL RECORD — SENATE November 14, 2002 believe those following this debate, un- became a political issue. Sadly, it had The reason I had been alerted to this less they have watched it for a long an impact on the election far beyond problem was that in a hearing in the time, can appreciate the amount of its actual gravity because we could Senate Judiciary Committee a few time and effort that has been put into have passed this legislation, and sadly, weeks before September 11 we brought this bill by Senator LIEBERMAN and his we come today in an effort to try to in the Federal Bureau of Investigation staff. The record and history will dem- bring this issue to a close in the hopes and, among other things, asked them onstrate that before the President in- of doing it before we adjourn for the about the state of their computers. troduced a Department of Homeland year, before the new Congress comes I am sorry to report to the Senate Security, Senator LIEBERMAN not only into session. I certainly hope we can and those following this debate that introduced one, which I was proud to achieve that. the computer systems in the Federal cosponsor, but passed it favorably from The point has been made by Senator Bureau of Investigation, the premier the Governmental Affairs Committee BYRD, Senator LIEBERMAN, and others law enforcement agency in the United without the support of a single Repub- that we were literally given a 484-page States of America, is disgraceful. It re- lican Senator. document, which passed the House of flects a mentality within that agency There was some confusion on the Re- Representatives late last night, which that has resisted change, resisted new publican side as to what the Presi- creates this new Department of Home- technology and, as a result, is cur- dent’s intentions were, but there was land Security. There are many items in rently operating with computer sys- no confusion on the Democratic side. this document that are repetitive. tems that small businesses in my Senator LIEBERMAN believed, and still Looking back to the President’s origi- hometown of Springfield, IL, would re- does, as I do, that a Department of nal proposal and the proposal from the ject out of hand as archaic. Homeland Security is important for Governmental Affairs Committee, a lot I dare say, we could bring in from the defense of America against the of this is not new although many anyplace in the United States a grade threat of terrorism. things are new. Many of us are trying school student who is familiar with About 2 weeks after Senator LIEBER- to digest it. computers and they would find the FBI MAN’s bill passed out of committee, the I was paging through this bill as the computer system laughable. What they President introduced his own. Senator debate was ensuing on the floor, pick- are using to fight crime in the United LIEBERMAN then addressed the issue ing out sections that raised questions States, to track down terrorism around again to make his bill and our bill con- in my own mind. If one looks around the world, is outclassed by computers form more closely with the President’s the Senate Chamber, they will see a that can be purchased off the shelf at intentions and brought this matter to 484-page bill on each desk. By my Sears, Best Buy, and Radio Shack. As the floor. There was a controversy rough calculation, some 48,000 pages of hard as that may be to believe, it is a which ensued. It was an incredible con- documentation, many of which will fact. troversy because it related to the never be read, are looked at by col- I also might add that we came to rights of new employees in this Depart- leagues in the Senate. I do not say that learn that the computer systems of the ment. I use the word ‘‘new’’ advisedly being critical because, frankly, it is al- major agencies which we are depending because the 170,000 employees of the most impossible for an individual Sen- on to protect America cannot commu- Department of Homeland Security are ator to monitor and evaluate every nicate with one another. Would any of already working for the Federal Gov- page of a bill. We rely on staff and peo- my colleagues want to be the CEO of a ernment. ple who we trust to get that done. But corporation with a variety of different With the passage of this legislation the fact is this just came over. departments and offices around Amer- and its implementation, they will come The reason I raise that issue is as ica that had computer systems that under a new roof and a new title, but, soon as I finish this presentation, I am could not communicate with each frankly, they will be doing many of the going to propose a second-degree other? That is a fact today in the Fed- same things they have done for years. amendment to Senator LIEBERMAN’s There was a question as to whether eral Government. It is a fact of life, amendment which relates to an issue or not we would be able to protect and it is a disgrace. This bill which we that is completely ignored in this 484- these employees who had collective are considering to establish the De- page bill on the Department of Home- bargaining rights in the new Depart- partment of Homeland Security vir- land Security. ment. It was a contentious issue and tually ignores this problem. To give a little background, on Sep- How could we say to the American one on which the White House and tember 11, 2001, I was in a meeting in people, we are going to create a De- many Members of Congress disagreed. this building when word came that we Senator LIEBERMAN, again in good partment to make them and their fam- faith, tried to find some common had to evacuate because of the planes ily feel safer if we do not address the ground. With the help of some of our flying into the World Trade Center. most fundamental issue of the ex- colleagues, such as Senators Breaux With hundreds of others, I raced down change of information? In my concern and Landrieu of Louisiana, as well as the steps of the Capitol on to the lawn over this issue, I decided to try to focus many Republicans, we came up with outside. We stood there, not knowing on it. I said this is the one thing I will compromise language weeks ago that quite what to do next. I heard a sonic work on. There are 535 Members of could have raised this issue and moved boom as we scrambled the fighter jets Congress. Everyone has a different it forward. over Washington, DC, to prepare for agenda. I am going to try to carve out I say pointblank, there were Mem- further attack. We could see on the this niche and work on upgrading the bers of the Senate who did not want other side of the Capitol the black computer systems in the FBI and cre- this issue resolved before the election. smoke billowing out of the Pentagon. ating what they call interoperability, They did not want the Department of Many of us who are entrusted with the the power of computers in different Homeland Security enacted before the responsibilities of serving in Congress Federal agencies to communicate with election. They wanted to be able to were bewildered as to what had hap- one another. I have worked on it for campaign across America suggesting pened to our country and wondered over a year. I came up with some ideas that the Democratic Senate had not what we could do, as individual Sen- based on historical experience. passed this important legislation. As a ators and Congressmen, to make it I looked back in history because oth- result, they used every procedural safer. I thought about it long and hard, ers have written of this challenge. trick in the book. They slowed down and there is one area on which I de- They make reference to the Manhattan the process. They refused to have a cided to focus. I do not profess great Project. For those who are not stu- vote and they got their way. We left for expertise when it comes to first re- dents of history, that was in 1939, be- the election without the passage of this sponse in fighting terrorism, but the fore World War II. Before the attack on important legislation with the com- one omission I found that needed to be Pearl Harbor, our scientists in America promise language that had been pre- addressed in the administration of our discovered nuclear fission. It was a pared. Government was the information tech- breakthrough. They knew they had In many States and many congres- nology systems, the computer systems something with great potential with sional districts across the Nation, this used by the Federal Government. the nuclear fission process. They were

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11009 not quite sure what they could do with technology. The President is asking for ligence community and law enforce- it on a positive or negative basis. $37.5 billion for a new Department, ment agencies. Then President Franklin Roosevelt which is being gathered from current Think about the ship coming into created the uranium committee to ex- budgets. Lake Michigan from a foreign port and plore the various scientific things that Let me illustrate for a moment an all of the questions that I just pro- could be done with nuclear fission and example of why this challenge is imposed. Would you not want to make report back. The committee, like most, portant. A few hours ago, we consid- certain that the FBI and the CIA had did some things but did not do them ered port security—I voted for it; 95 access to that information? In addi- very quickly and did not produce Senators did—to try to make our ports tion, the National Security Agency, much. safer in the United States. Of course, Department of Defense, State Depart- Then came December 7, 1941. The representing Chicago and Lake Michi- ment, State and local officials, all of Japanese attacked Pearl Harbor. With- gan, I understand the importance of them could benefit by having access to in 2 days, President Roosevelt came be- port security. Take a ship entering the that information. These links are need- fore a joint session of Congress and U.S. waters that comes down the St. ed because the Homeland Security De- asked for a resolution of war against Lawrence Seaway. It comes into the partment will be inordinately depend- the empire of Japan and its allies, Ger- Great Lakes. What happens? Four ent upon full and timely information many and Italy, and America was truly agencies of the Federal Government exchange. at war. collect information on that ship. One We cannot put a soldier or policeman In August of 1942, President Roo- agency determines whether the ship is on every corner in America and make sevelt was reminded about this ura- carrying contraband. Another Federal this a safe nation. But what we can do nium committee. He made a historic agency checks whether the ship has is gather important information and decision. He put them out of business. paid its tariffs and fees. Another agen- share it so that it can be evaluated and He said, we want to create a new cy determines whether the ship and its coordinated and acted upon. That can- project under the Army Corps of Engi- crew comply with immigration law. not happen with this bill as it currently stands before the Senate. This neers. We are going to, in this new And another agency checks for adher- bill does not even envision that as a project, try to take on a much bigger ence to health and safety regulations. goal to be met. The status quo, which challenge. In charge of this project was One ship, four different Federal agen- unfortunately this bill in many ways an individual, a commanding officer cies. named General Leslie R. Grove. Under As currently planned, much of this preserves, is not adequate to do the what was called the Manhattan information will end up in separate job. At a June 26 Governmental Affairs Project, we said to General Grove, you systems—some of them new and expen- Committee meeting focusing on the have the responsibility to gather to- sive. One of those, a $1.3 billion Cus- Department of Homeland Security in gether in the Manhattan Project the toms Services project known as the the intelligence community, I intro- scientific, industrial, and military ca- automated commercial environment, is duced the concept of ensuring inter- pability of America so that we can an import processing system. Another, operability, the communication of dif- take nuclear fission and develop weap- the student exchange and visitor infor- ferent computer systems in the Federal ons that could win World War II. mation system, is being developed by Government. I talked about the history General Grove is an interesting fig- the Immigration and Naturalization of the Manhattan Project. My premise ure. From what I have read, I under- Service. Other border protection is held was if we are going to combine the in- stand he was a powerful individual. In on databases held by the Coast Guard telligence resources and gathering of the course of several years, 4 years, he and by the Department of Agriculture. the Department of Defense, the Depart- spent $2 billion. This is the early 1940s. The new Transportation Security Ad- ment of State, the Department of Jus- In today’s dollars, that would be $20 ministration also will collect and hold tice, and the new Department of Home- billion on the Manhattan Project. He relevant information in its systems. land Security, would it not make com- developed four bombs, which were deto- Think of how many different agencies I mon sense to establish a Manhattan nated over Japan, which brought an have just mentioned are concerned Project when it comes to information end to World War II. The Manhattan about the one ship that we fear may be technologies so all these agencies can Project was successful. bringing the wrong people with the communicate with one another, share Think about that when we talk about wrong cargo to threaten the United information, and try to make the job our own computer capability. I believe States. more effective? we need a Manhattan Project when it Now reflect on this: None of these in- We have all this discussion on reorga- comes to the computer information formation technology systems are de- nization, but we are not facing the technology of our Federal Government. signed to communicate with one an- basic challenge. Given the current I believe we need to empower a person other, none of them. How in the world state of affairs in the Federal informa- and an agency to not only look to can we assure the American people of tion technology systems, it is obvious bring the most modern technology to their safety when we are dealing with we need to address the information each agency but to determine how they such archaic standards, when we are ig- technology issues that are raised as work together. That is what is missing. noring the most basic requirement— part of the new Manhattan Project. The Department of Homeland Secu- that these agencies work together and Let me tell you about some of the rity bill, 484 pages long, does not even share information? This bill, 484 pages current problems and challenges we envision this as a challenge to be met. in length, ignores this challenge. We face, if you wonder how we are going to How, then, can we offer security to this cannot ignore this challenge. Frankly, make America safer against the country? How, then, can we use the we have to respond because these diver- threats of terrorism. Six years ago the best technology and scientific re- gent systems will ultimately need to be U.S. Congress mandated the Immigra- sources to make this a safer nation? linked to the Homeland Security De- tion and Naturalization Service to es- Currently, each of the agencies—the partment. We need to make certain tablish a database to record visa hold- Coast Guard, the Customs Service, there is a seamless interconnected sys- ers exiting the United States. Under- FEMA, INS, the Secret Service, the tem. stand the process. You are a foreign na- new Transportation Security Adminis- We have to ask key questions about tional and you want to come to the tration, and others—are to be coordi- the best way to ensure that the home- United States for any number of rea- nated under this Homeland Security land security components commu- sons—as a student, as a visitor, for Department. They each operate with nicate and share information with one some other reason. You go through the their own information technology sys- another. By whom, when, how, and at Immigration and Naturalization Serv- tem and with their own budget. Need- what cost can the systems be linked. In ice and a visa is offered to you through less to say, they do not communicate addition, it is equally important to es- our consulates overseas. That is re- with outside agencies as the FBI or the tablish appropriate links between the corded. That is part of their database. CIA. These agencies already spend Homeland Security Department and We then said to the INS we want you about $2 billion a year on information other agencies, particularly the intel- to make a record of those leaving the

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11010 CONGRESSIONAL RECORD — SENATE November 14, 2002 United States so we have, at any given Here is what he said—first replying. Historically, Federal agencies have time, an inventory of people who are General Hughes said to me: developed information systems in what visa holders in our country. It makes First, your characterization of this prob- you call, euphemistically, parochial sense. If you don’t do that, frankly, lem is, in my view, right, but it is not about stovepipes with little or no thought you are turning loose visa holders with technology. The technology to do the things about communication with other agen- no accountability as to whether they that you are talking about wanting to do is cies. Agencies vital to homeland secu- present and available. It is about parochial overstayed the legally permitted pe- interests, managing and constructing the rity are currently plagued by outdated riod for their visa or something else. technology for their own purposes, as op- technology, poor information security, Six years ago we said to the INS, posed to the synergistic, larger effect of mis- and, unfortunately, not the necessary come up with a database that will sion support across the government. motivation to make the positive record the exit dates of visa holders. This man, who for 3 years had the re- change. We received a report a few months ago sponsibility in the Defense Intelligence An article appearing in this month’s from the Director General that, despite Agency, knows what the problem is. He issue of Government Executive maga- 6 years of effort, the INS is unable and knows, unfortunately, that it is a prob- zine captured the problem. Let me give incapable of creating this database. lem that is not addressed by this De- you just a few words from that article, Think about that for a second, about partment of Homeland Security pro- if I might. This is from Government making America safer, about visa hold- posal. The amendment which I propose Executive, September, 2002: ers and people coming into this coun- to create a Manhattan Project through When a computer mistakes a 70-year-old try. We have been unable in a 6-year the Department of Management and black woman for a 28-year-old white man period of time to establish that data- Budget had the bipartisan cosponsor- who is a triple murder suspect on the FBI’s base. ship of Senator LIEBERMAN, who was on terrorist group list, something is wrong with Let me give you one other illustra- the floor earlier, as well as Senator the computer or the information inside it. tion. Both the Federal Bureau of Inves- THOMPSON, who is here. It was added to The terrorist list on which this person’s tigation and the Immigration and Nat- the bill by unanimous consent of all name appeared is just one of more than 25 members of committee. Section 171 of maintained by dozens of law enforcement, uralization Service collect finger- intelligence and Defense Department agen- prints. They, of course, do that in the the committee-approved legislation re- cies. Those lists are not integrated and often course of law enforcement, in the quires the Director of the Office of are not shared. We must build a system of course of people visiting the United Management and Budget to develop a systems that can provide the right informa- States. Three years ago we said to comprehensive enterprise architecture tion at all the right times. Information will these two agencies, the INS and the for information systems of agencies re- be shared horizontally, across each level of FBI, combine the fingerprint database. lated to homeland security. government, and vertically among Federal, We want to know if you have a person It calls for designating a key official State, and local government, private industry, and citizens. Electronically tying to- who is a criminal suspect who also may at OMB, approved by the President, whose primary responsibility is to gether the more than 20 agencies to be be out of status with the Immigration merged into a new Department will harness and Naturalization Service. We want to carry out the duties of the Director. This is our General Grove. This would their security capabilities, thereby making put that information together into one America safer. be our Manhattan Project. The Presi- single database of fingerprints avail- dent would have the last word on this It goes on to quote John Koskinin. able to law enforcement in the United person and the responsibilities he He was the Federal Y2K chief brought States. Three years later, still it has would have to execute. OMB must to avert what we thought might be a not been done. make sure agencies implement the computer crisis. He was asked to assess As we look at the challenges we face, plan and regularly submit status and the challenge of bringing them to- it is one thing to move the boxes progress reports to Congress, as they gether. I am for bringing them to- around on the chart, to talk about a should. gether. Here is a man who worked to new Department of Homeland Security The enterprise architecture and re- analyze all the computers of the Fed- with 170,000 employees, but it is quite sulting systems must be designed so eral Government and what he says is, I another to make certain that when they can achieve interoperability be- am afraid, chilling. I quote: these employees sit down at their tween and among Federal agencies re- You’ll never get your arms around it. desks in their offices, they have com- sponsible for homeland security and He believes placing all the security puter capability to literally protect homeland defense, whether inside or America. This bill does not address agency systems under one roof and adjunct to the new Department. building more systems will not make that. These systems must be capable of agencies communicate. He understands This is our Department of Homeland quick deployment. These must be read- the challenge we face. This bill does Security. It is being given to us by the ily upgraded with improved tech- not face that challenge and that, unfor- House, which will soon adjourn without nologies. Effective security measures any effort to address this challenge. must be maintained as well. tunately, is a terrible shortcoming. An article in the July 27 edition of The OMB director and Secretary of Interoperable information systems Fortune magazine also ascribes such a the new Department shall also facili- would permit efficient sharing of data styling to the concept, pointing out: tate interoperability between informa- and better communication. I have discussed this with a man I respect very There is an abundance of breathtakingly tion systems of Federal, State, and versatile technology available to counter the local agencies responsible for homeland much. Tom Ridge and I came to Con- menace of terrorist attacks at home. Now for defense. This is a common complaint. I gress in 1982, and we served many years the bad news: Computers are only as smart have heard it from the City of Chicago together in the House. I was one who as the bureaucrats who use them. and other agencies across my home praised the President for choosing Gov- This is Fortune magazine speaking. State, that the whole question of ernor Ridge of Pennsylvania as the It may require a Manhattan Project of so- homeland security has to work its way first person to direct our homeland se- cial engineering to induce agencies that have down to the first responders at the curity operation. I called him on this traditionally viewed each other mostly as ri- local level, as does the information. issue. I explained to him what it was vals for budget dollars to reach out and hold This bill, sadly, does not address that all about. Tom said to me, in his own hands. because it does not include the amend- words, he believed that what I am pro- At the hearing which we held before ment which I proposed in committee. posing here in this amendment would the Government Affairs Committee, I Enterprise architectures require sys- be a ‘‘force multiplier.’’ It would en- asked several of our witnesses to com- tematically thinking through the rela- hance our technology, enhance our ment. One of the witnesses was GEN tionship between operations and under- ability to protect America. Hughes, LTG Patrick Hughes, U.S. lying information technologies. Used This substitute which we have before Army, retired, former director of the increasingly by industry and some gov- us does not include that force multi- Defense Intelligence Agency, 1996 to ernments, they can reduce plier. This substitute, unfortunately, 1999. I talked to him about what I have redundancies, modernize operations, falls short of utilizing the resources we just said in my opening remarks here. and improve program performance. have most effectively.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11011 It scratches the surface by tasking suspects to their field offices because omissions from this bill—and one that an under secretary with ensuring infor- the computer system couldn’t transmit ultimately has to be corrected. But in mational systems compatibility. Yet photographs. the months before we return, while this there is no corresponding duty outside Think about that. Would you buy a problem still festers and looms, we are of this Department of Homeland Secu- computer system if you were a law en- not going to be protecting America as rity with any other agency or any forcement agency that couldn’t do much as we should. We will not be pro- other director in government. that? That is a fact today. viding the American people the kind of If there is a coordination of informa- The Automated Case Support System defense against terrorism which they tion technology within the Department that Rapid Start was built to cir- deserve. We will not be using the best of Homeland Security, there is no cumvent was blamed for the loss of resources of our government and tech- premise or promise that we are going 4,000 documents in the prosecution of nology to make America safer. to have this agency communicate with Timothy McVeigh for the Oklahoma I am hoping my colleagues will con- the CIA, with the FBI, with the Depart- City bombing. sider this amendment and give it the ment of Defense, with the Department According to a recent article, only in same type of bipartisan approval they of State, and without that interoper- recent months did the FBI start a com- did in the Governmental Affairs Com- ability, we are missing this force mul- puter system through a project known mittee. as Trilogy. It is starting to replace ob- tiplier. The amendment would make AMENDMENT NO. 4906 TO AMENDMENT NO. 4902 solete desktops. I have been talking sense and fill the gap. It would give an I would like to offer the amendment about this for a long time. This com- overarching job to OMB for homeland which I filed with the clerk as a sec- mittee has tried to address it. We did security enterprise architectures. ond-degree amendment to the pending address it with a bipartisan amend- I think we can all agree there is no Lieberman amendment. one single magic silver bullet to pro- ment agreed to by Senator LIEBERMAN, The PRESIDING OFFICER. The tect America. But we have to strength- Senator THOMPSON, Republicans and clerk will report. en our security. We have to use the in- Democrats in the committee. We put it The assistant legislative clerk read formation we collect and use it effec- in the bill. But it is not in this bill that as follows: has come over to us from the House of tively. The Senator from Illinois [Mr. DURBIN] When you take a look at the systems, Representatives. proposes an amendment numbered 4906 to we have to consider a recent challenge. What I am proposing to my col- amendment No. 4902. On October 23 of this year—a few weeks leagues on the Senate floor is this: Mr. DURBIN. Madam President, I ask ago—GovExec.com, an online news Please let us depoliticize this issue. unanimous consent that reading of the service, reported that the FBI ran into Why in the world should this became a amendment be dispensed with. serious shortcomings in its effort to partisan matter? The computers of this The PRESIDING OFFICER. Without capture the Washington-area snipers. A government are going to serve all of objection, it is so ordered. system known as ‘‘Rapid Start’’ was the citizens. No one is going to be able The amendment is as follows: set up at the investigation command to have bragging rights—Democrats or (Purpose: To provide for the development of center in Rockville, MD. Leads called Republicans, or anyone of any other a comprehensive enterprise architecture in to the center and to hotlines were political stripe. It is a question of for information systems to achieve inter- manually entered into a database whether we are going to put in place operability within and between agencies which organized the information to try the resources and tools and weapons we with responsibility for homeland security, and for other purposes) to find the snipers. They assigned in- need to fight terrorism. The amendment which I am about to vestigators to follow up. According to At the appropriate place, insert the fol- propose as a second-degree amendment lowing: the news article, Rapid Start—the would do just that. It would take the SEC. ll. INTEROPERABILITY OF INFORMATION computer system at the FBI—was exact language from the Governmental SYSTEMS. never designed to handle the large vol- Affairs Committee on a bipartisan (a) DEFINITION.—In this section, the term ume of information and the 67,000 calls ‘‘enterprise architecture’’— basis, put it in this bill, and give us a (1) means— they received. The system was over- chance to establish interoperability whelmed. What is even more compel- (A) a strategic information asset base, and enterprise architecture across the which defines the mission; ling is that Rapid Start was created by Federal Government. the FBI as a way to avoid working with (B) the information necessary to perform How in the world can we pass this the mission; the Federal Bureau of Investigation’s legislation without doing that? How (C) the technologies necessary to perform existing computer system, the ‘‘Auto- can we leave Washington and say to the mission; and mated Case Support System.’’ The America, ‘‘Sleep safely. You know the (D) the transitional processes for imple- agents of the FBI had already deter- terrorist threats are there. We are menting new technologies in response to mined the existing computer capability doing everything we can’’? We are not. changing mission needs; and at the FBI could not handle the inves- This 484-page bill fails in one of the (2) includes— (A) a baseline architecture; tigation to find two snipers in the most basic challenges. It does not chal- Washington, DC area. The FBI’s anti- (B) a target architecture; and lenge us to establish the very best in (C) a sequencing plan. quated technology systems don’t allow computer technology for the Federal (b) RESPONSIBILITIES OF THE SECRETARY.— its agents to share information among Government. The fact of the matter is The Secretary shall— field offices. our current system doesn’t even meas- (1) endeavor to make the information tech- Let me give an illustration. The Sep- ure up to the most basic standards of nology systems of the Department, including tember 11 disaster occurred. Within a requirements of computers and com- communications systems, effective, efficient, few hours, we collected photographs of puter basics across America. Shouldn’t secure, and appropriately interoperable; (2) in furtherance of paragraph (1), oversee the 19 suspected terrorists who we be- we bring to the American people the lieved to be on those airplanes. The and ensure the development and implemen- very best in computer technology to tation of an enterprise architecture for De- FBI, when they collected these photo- protect our Nation, our families, our partment-wide information technology, with graphs, communicated that informa- children? That, I think, is what is at timetables for implementation; tion and these photos to their field of- stake here. (3) as the Secretary considers necessary, to fices. I implore my colleagues. I under- oversee and ensure the development and im- How would you do that if you were at stand what is going on here. We were plementation of updated versions of the en- a home computer and you wanted to told the House will leave town, we will terprise architecture under paragraph (2); send a photograph to your grandson or get this 484-page bill, don’t change a and your granddaughter? Virtually every period, a comma, or a single word—no (4) report to Congress on the development computer system that is worth its salt and implementation of the enterprise archi- amendments, take it or leave it—and tecture under paragraph (2) in— has the capacity to transmit photo- we are going home. That isn’t good. (A) each implementation progress report graphs. But not the computer system That really isn’t good. required under this Act; and of the Federal Bureau of Investigation. I think the Senate has a responsi- (B) each biennial report required under They had to FedEx the photos of the bility. We can identify the glaring this Act.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11012 CONGRESSIONAL RECORD — SENATE November 14, 2002 (c) RESPONSIBILITIES OF THE DIRECTOR OF Mr. DURBIN. Madam President, let EUROPEAN PARLIAMENT DELEGATION FOR RELATIONS THE OFFICE OF MANAGEMENT AND BUDGET.— me clarify one point. Recent news sto- WITH THE UNITED STATES, 55TH EP/US CONGRESS (1) IN GENERAL.—The Director of the Office ries indicate the former national secu- INTERPARLIAMENTARY MEETING, 11–17 NOVEMBER of Management and Budget, in consultation with the Secretary and affected entities, rity adviser John Poindexter is work- 2002, WASHINGTON, DC, AND SAN DIEGO—Continued shall develop— ing at the Department of Defense to de- [List of participants (16) in protocol order] (A) a comprehensive enterprise architec- velop a plan to shift private database Group Country ture for information systems, including com- research in fear that it might be useful munications systems, to achieve interoper- for intelligence purposes. That pro- Mr. Bastiaan Belder, 1st Vice-Chair ...... EDD Netherlands. ability between and among information sys- Mr. Harlem Desir, 2nd Vic-Chair ...... PSE France. posal raises some privacy questions, I Mr. Renzo Imbeni ...... PSE Italy. tems of agencies with responsibility for concede. Another mistaken news story Mr. Jose´ Pacheco Pereira ...... PPE–DE Portgual. homeland security; and suggests that homeland security will Mr. Jorge Salvador Hernandez Mollar ..... PPE–DE Spain. (B) a plan to achieve interoperability be- Ms. Erika Mann ...... PSE Germany. facilitate that kind of investigation Mr. Jas Gawronski ...... PPE–DE Italy. tween and among information systems, in- Ms. Imelda Mary Read ...... PSE United Kingdom. cluding communications systems, of agen- into private databases. Mr. Dirk Sterckx ...... ELDR Belgium. cies with responsibility for homeland secu- My proposal has nothing to do with Ms. Nuala Ahern ...... Verts/ALE Ireland. rity and those of State and local agencies Mr. Peter William Skinner ...... PSE United Kingdom. this DOD plan. My proposal focuses Ms. Arlene McCarthy ...... PSE United Kingdom. with responsibility for homeland security. only on making sure the Federal Gov- Mr. Brian Crowley ...... UEN Ireland. (2) TIMETABLES.—The Director of the Office Mr. Marco Cappato ...... NI Italy. ernment computer databases can com- Ms. Piia-Noora Kauppi ...... PPE–DE Finland. of Management and Budget, in consultation municate with one another when nec- with the Secretary and affected entities, PPE–DE Group of the European People’s Party (Christian Democrats) shall establish timetables for development essary to make certain, for example, and European Democrats. that the INS and the FBI can share in- PSE Group of the Party of European Socialists. and implementation of the enterprise archi- ELDR Group of the European Liberal, Democrat and Reform Party. tecture and plan under paragraph (1). ternal information—not information Verts/ALE Group of the Greens/European Free Alliance. (3) IMPLEMENTATION.—The Director of the on private databases—to help protect GUE/NGL Confederal Group of the European United Left/Nordic Green Left. Office of Management and Budget, in con- against terrorist risk. UEN Union for Europe of the Nations Group. sultation with the Secretary and acting I yield the floor. EDD Group for a Europe of Democracies and Diversities. under the responsibilities of the Director NI Non-attached. f under law (including the Clinger-Cohen Act Mr. DASCHLE. I would also like to of 1996), shall— VISIT TO THE SENATE BY MEM- notify Senators that our colleagues (A) ensure the implementation of the en- BERS OF THE EUROPEAN PAR- from the European Parliament are terprise architecture developed under para- LIAMENT graph (1)(A); and available now to meet on the floor. I (B) coordinate, oversee, and evaluate the Mr. DASCHLE. Madam President, welcome them. I am delighted they are management and acquisition of information one of the privileges accorded to the here. technology by agencies with responsibility majority leader is the opportunity to Madam President, I yield the floor. I for homeland security to ensure interoper- welcome and to introduce our fellow suggest the absence of a quorum. ability consistent with the enterprise archi- legislators from the European Par- The PRESIDING OFFICER. The tecture developed under subsection (1)(A). liament. This is a tradition that began clerk will call the roll. (4) UPDATED VERSIONS.—The Director of the in 1972, and it has continued every year Office of Management and Budget, in con- The assistant legislative clerk pro- sultation with the Secretary, shall oversee since. ceeded to call the roll. and ensure the development of updated Earlier this year in July, we wel- Mr. DASCHLE. Mr. President, I ask versions of the enterprise architecture and comed the President of the European unanimous consent that the order for plan developed under paragraph (1), as nec- Parliament to the Senate. Today, I am the quorum call be rescinded. essary. pleased to welcome another 16 of his The PRESIDING OFFICER (Mr. (5) REPORT.—The Director of the Office of colleagues representing countries from BREAUX). Without objection, it is so or- Management and Budget, in consultation across that great continent. As I said dered. with the Secretary, shall annually report to when Mr. COX visited in July, this tra- The Chair recognizes the majority Congress on the development and implemen- dition is especially meaningful, be- tation of the enterprise architecture and leader. plan under paragraph (1). cause although the Atlantic Ocean sep- Mr. DASCHLE. Mr. President, I reit- (6) CONSULTATION.—The Director of the Of- arates us from our European friends, erate again our thanks to our col- fice of Management and Budget shall consult we are certainly connected—connected leagues for their willingness to join us with information systems management ex- in beliefs and in the rule of law, and a on the Senate floor. It is a real pleas- perts in the public and private sectors, in the commitment to the betterment of the ure for us to have the opportunity to development and implementation of the en- people we serve and the world we share. talk with them. We wish them well in terprise architecture and plan under para- Today’s visit has added significance, their travels within the United States. graph (1). coming as it does at a period of height- We again reiterate how welcome they (7) PRINCIPAL OFFICER.—The Director of the Office of Management and Budget shall des- ened concern across Europe about the are and how hopeful we are that we can ignate, with the approval of the President, a potential new terrorist attacks. continue to maintain the dialog, the principal officer in the Office of Management So we reiterate today our strong de- friendship, and the partnership that we and Budget, whose primary responsibility termination to stand together, united have as countries interested in a mu- shall be to carry out the duties of the Direc- by our shared values and by our com- tual goal. tor under this subsection. mitment to stand, as we have for now We thank them for being here. (d) AGENCY COOPERATION.—The head of so long, on issues related to commerce, each agency with responsibility for home- f land security shall fully cooperate with the on issues related to trade, and on issues related to war. HOMELAND SECURITY ACT OF Director of the Office of Management and 2002—Continued Budget in the development of a comprehen- I ask unanimous consent that the sive enterprise architecture for information names of our colleagues from the Euro- Mr. DASCHLE. Madam President, I systems and in the management and acquisi- pean Parliament be printed in the now ask that we return to the regular tion of information technology consistent RECORD. order. with the comprehensive enterprise architec- There being no objection, the mate- The PRESIDING OFFICER (Ms. ture developed under subsection (c). (e) CONTENT.—The enterprise architecture rial was ordered to be printed in the CANTWELL). Regular order. developed under subsection (c), and the in- RECORD, as follows: The Senator from Pennsylvania. formation systems managed and acquired Mr. SPECTER. Madam President, I under the enterprise architecture, shall pos- EUROPEAN PARLIAMENT DELEGATION FOR RELATIONS have sought recognition to comment sess the characteristics of— WITH THE UNITED STATES, 55TH EP/US CONGRESS on the bill generally, and to discuss (1) rapid deployment; INTERPARLIAMENTARY MEETING, 11–17 NOVEMBER three amendments which I have filed. (2) a highly secure environment, providing 2002, WASHINGTON, DC, AND SAN DIEGO I believe it is vitally important that data access only to authorized users; and (3) the capability for continuous system [List of participants (16) in protocol order] the Senate conclude action on home- upgrades to benefit from advances in tech- land security at the earliest possible Group Country nology while preserving the integrity of date. And I believe, regrettably, but stored data. Mr. Jim Nicholson, Chair ...... PPE–DE United Kingdom. importantly, that we should accept the

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11013 bill which was passed by the House of Homeland Defense to ‘‘direct.’’ That is While it is important to have anti- Representatives because if we do not, very different from asking. My experi- dotes for anthrax and to deal with we will not have a bill this year. ence as chairman of the Intelligence smallpox and to deal with the problems The House has passed a homeland se- Committee in the 104th Congress con- of bacteriological warfare or chemical curity bill and has given notice that it vinced me about the turf battles which warfare, that if we are attacked, most intends to depart. This has left the go on among the various intelligence of the damage will already have oc- Senate with the choice of take it or agencies. Those turf battles are en- curred. So a very sharp focus of our at- leave it. I believe that the national in- demic and epidemic. tention should be to prevent another terest and the public welfare requires In chairing the Judiciary Committee 9/11. that we take it, even though I believe Subcommittee on Department of Jus- To accomplish that, I believe the cur- we would have a much better bill if it tice Oversight, I have seen the same rent bill is not the best of the bills. It were to be amended in certain respects. turf battles going on in the FBI and does bring all of the analysis agencies I have filed three amendments which know of the turf battles which have under one umbrella, but it does not I think would vastly improve the gone on in other intelligence agencies. give the Secretary of Homeland De- House bill. I believe that had all of the dots been fense the authority to direct them. If If these amendments are offered and put on a big screen prior to September the Secretary of Homeland Defense accepted, then there will have to be a 11 of 2001, 9/11 could have been pre- does not have the authority to direct conference. The prospects for having a vented. We knew the FBI had an exten- the head of the CIA or to direct the sive report coming out of Phoenix conference, with the House of Rep- head of the FBI or to direct the head of about a suspicious individual taking resentatives having departed, is re- the Defense Intelligence Agency or to flight training. The man had a big pic- mote, and the likelihood of passing this direct the head of the National Secu- ture of Osama bin Laden in his apart- bill this year would be virtually non- rity Agency or the other intelligence ment. That FBI memorandum was bur- existent. agencies, then we are likely to have It is with reluctance that I say these ied, and never reached appropriate per- the same old turf battles which we amendments will not be offered, but sonnel at headquarters. We know the Central Intelligence have had up until now. these are amendments which I intend That is why I believe this amend- to pursue next year. In coming to this Agency had information on two al- Qaida men in Kuala Lumpur. That in- ment, which I had wanted to offer and conclusion not to offer these amend- have discussed on this floor on many ments, I have done so at the request of formation was not transmitted to the occasions, would vastly improve this President Bush who is very anxious FBI or the Immigration and Natu- ralization Service. Those al-Qaida ter- bill. that this legislation be enacted and But we all know that the better is rorists got into the United States and sent to his desk so that the country often the enemy of the good. I believe may proceed to reorganize the Govern- piloted one of the suicide bombers on 9/11. it is of sufficient importance to move ment to provide for homeland security. this bill ahead now that I am prepared Earlier today, I talked to President We know the computer of Zacharias to wait until next year and to accept Bush, I talked to Vice President CHE- Moussaoui had a tremendous amount the offer the President has made—and NEY, and I talked to Governor Ridge of useful information in his possession the Vice President and Governor about these three amendments. The which was not obtained because the Ridge—to sit down and go over the con- President urged me not to offer these FBI did not use the proper standard ap- amendments so that this legislation plying for a search warrant under the cerns I have expressed and these could be passed. The President stated Foreign Intelligence Surveillance Act. amendments, if we can get administra- that he would be willing to sit down We know that a Pakistani al-Qaida tion support on these amendments. There has been enormous con- and discuss the concerns I have and the member by the name of Murad had troversy on the issue of labor-manage- amendments I have proposed, with a stated in 1995 that al-Qaida planned to ment relations. This was the subject of view to possible action on them next have airplanes loaded with explosives extensive debate when this bill was on year. He is obviously not committing fly into the CIA. We know the National the floor from September 3 until Octo- to accept these amendments until he Security Agency had a warning on Sep- has had a chance to review them, but tember 10, 2001, about something to ber 4. This Senator engaged in exten- did say there would be full review by happen the next day, and it was not sive discussions with Senator LIEBER- the President. The President said that. translated until September 12. I believe MAN, the manager of the bill for the And the Vice President also said he there was a veritable blueprint, had all Democrats, and Senator THOMPSON, the would review the matters. of these dots been on the same screen manager of the bill for the Repub- I talked at length to Governor Ridge, and put together. licans, as to what the Nelson-Chafee- to whom I have talked on many occa- When FBI Director Mueller came to Breaux amendment meant. That sions. These are amendments which I testify before the Judiciary Committee amendment had incorporated the es- have had an opportunity to discuss in early June of this year and was sence of what Representative CONNIE with the President in the past, in meet- questioned about the Foreign Intel- MORELLA had put in with two para- ings in the White House. As soon as the ligence Surveillance Act and I saw the graphs, and the issue was whether or homeland security bill was introduced, entire picture, I stated at that hearing not those two paragraphs were in place he brought in a number of Members that I thought there was a veritable of, or in addition to, the paragraphs of who were interested. I have had a blueprint. existing law. chance to discuss the amendments with I do not agree with CIA Director The paragraphs of existing law, under him at several leadership meetings, George Tenet that another 9/11 is im- section 7103 of title 5, provide that and when he traveled to Pennsylvania minent. The CIA Director testified to there can be a national security waiver recently to campaign, I had a chance to that at a public hearing before the In- of collective bargaining, that the discuss the matter with him. telligence Committee a few weeks ago. President can make a determination to One of the amendments I have filed, Perhaps it is an effort to inoculate the deny collective bargaining coverage for denominated amendment No. 4920, pro- CIA so that if there is an attack, some- national security reasons. When the vides that the Secretary of Homeland body can say: Well, after all, we are not colloquy was entered into with the Defense, subject to the disapproval of surprised. Senator from Connecticut, Mr. LIEBER- the President, would have the author- But I do not believe in the defeatist MAN, he agreed that the two paragraphs ity to direct the agencies to provide in- attitude that we have to sustain an- of the Nelson amendment were in addi- telligence information, analysis of in- other attack. I believe our intelligence tion to and not in place of existing law, telligence information, and such other services are capable, if they are under and these two additional paragraphs intelligence-related information as the one unified direction and they have one made it a little more difficult for the Assistant Secretary for Information screen and put all of the dots on one President to exercise the national secu- Analysis determines necessary. board, that we have an excellent rity waiver; but still the national secu- This language is important because chance of preventing another Sep- rity waiver could have been exercised it would empower the Secretary of tember 11. and there could have

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I will not offer these amend- workforce within the civil service the national security determination ments. framework. They also enhance research and added the additional two para- I exhort and urge my colleagues not and development opportunities and graphs which, again, would have pro- to change the bill, no matter how good protect civil liberties. vided for harmony, meeting the con- their amendments may be, but to take I am hopeful that my colleagues will cerns that had been expressed by gov- this bill; and if there are matters that come together and support this pro- ernmental employees. ought to be changed, let’s work on posal as soon as possible. Let’s get the It is my hope that we will yet have them next year. Before we leave town— job done. The job needs to get done an opportunity next year, in consulta- hopefully this week, but in any event without any further dilatory or polit- tion with the President, the Vice Presi- not later than next week—let’s put the ical delays. Since September 11 of 2001, dent, and Governor Ridge, to have con- legislation in a posture where it can be we have all seen the need to improve sideration of this amendment and have sent to the President, be signed and be- our homeland security. This matter the law changed next year. come law, to do our utmost to protect has been debated for many months. As In addition, I have filed amendment the American people and to secure our Senator SPECTER said—I will para- No. 4936, which contains provisions for homeland from another terrorist at- phrase him—as far as I am concerned, a Presidential override but has, as a tack. it has been fine-tuned to near perfec- compensating factor, provisions for the I yield the floor. tion. It may not be 100 percent of what utilization of the Federal Services Im- The PRESIDING OFFICER (Mrs. everybody wants, but 98 or 99 percent is passe Panel, and that again would CARNAHAN). The Senator from Ten- pretty good work. bring harmony with the concerns and nessee is recognized. Madam President, as you may know, objections that have been raised by Mr. THOMPSON. Madam President, I I am the chairman of the Republican Federal employees. thank the Senator from Pennsylvania high-tech task force, and I am very So, in essence, what I am proposing for his statesmanlike approach to this pleased to see that this proposal high- to do is not to offer these amendments, matter. He is absolutely right that the lights the vital role technology and in- Nos. 4920, 4921, and 4936; but I do believe way we are proceeding is not a usual novation play in our Nation’s war to they are important amendments, and I occurrence. It is also a fact, however, protect the people of our homeland intend to press them in the 108th Con- that these are not usual times. I agree from a variety of permutations of ter- gress. To repeat, I have discussed these with him that it is vitally important rorism and terrorist threats. issues directly with the President, who we move forward. We have had a month This measure recognizes the impor- asked that I not put these amendments or so of discussion and debate on this tance of information technology and forward in the interest of expediting bill. We have a small window of oppor- research and development in achieving passage of this bill and avoiding a pos- tunity now to do what we all know we the most effective homeland security. sibility of having a Senate bill dif- need to do, and that is to go ahead and There has been a lot of talk and a lot ferent from the House bill, which would pass a homeland security bill. The Sen- of focus on flow charts that talk about then require a conference and, most ator’s actions that he has just taken which department is here and which probably, preclude the enactment of will help that along immeasurably, and box goes here and this subagency there. legislation on homeland security this I thank him for that. All those flow charts are very inter- year. I yield the floor. esting and relatively important, but There will be a number of amend- The PRESIDING OFFICER. The Sen- most important is the flow of informa- ments offered. There are already ator from Virginia is recognized. tion, the ability of various Federal amendments that are pending, and Mr. ALLEN. Madam President, I ask agencies to analyze the volumes of in- some of them, frankly, I agree with. unanimous consent that I may speak formation and bits and facts and de- But I believe that the better is the up to 15 minutes on the amendment. tails—analyze all those thousands or enemy of the good here, and it is very The PRESIDING OFFICER. Without tens of thousands of bits of informa- much in the national interest for na- objection, it is so ordered. tion, analyze it, flag it, then act on it tional security that this Senate move Mr. ALLEN. Madam President, I rise and, in some cases, also share that in- ahead and pass a bill. today to thank my colleagues in the formation within that Federal agency I do not like the fact that the House House and in the Senate, as well as the and also other Federal agencies, as well enacts passage of a bill, sends it here, leaders in the White House, who have as State and local law enforcement and then leaves town, which is just an worked very well together to arrive at agencies that also have a need to know example of legislative blackmail. But a reasonable plan to allow this Presi- that information. that is where we are. It is not an un- dent the opportunity to properly estab- New technologies are being developed usual occurrence. Although we had a lish a Department of Homeland Secu- every day that can help save lives and full month to debate these issues and rity and meet this threat before the improve the ability of our Government to vote on them, that never occurred, 107th Congress adjourns. to fight and respond to terrorist notwithstanding the fact that this Sen- I especially want to thank Senators threats. It is incumbent upon us as ator and others were on the floor. And FRED THOMPSON and PHIL GRAMM for elected leaders to ensure our team, in I made these arguments about the ne- their tireless work and their dedica- fighting terrorism, is equipped with the cessity for a Secretary of Homeland tion, commitment and, as always, their best available and the most advanced Defense to have the authority to di- very thoughtful leadership. Both of technology. rect, and I made the arguments that these gentlemen, Senator THOMPSON of I have consistently maintained the when you added the two paragraphs of Tennessee and Senator GRAMM of Federal Government should and, in- the so-called Morella amendment to Texas, are concluding their distin- deed, must procure, adopt, and use the existing language, the President’s guished service in the Senate, and what these innovative technologies in an ef- national security waiver remained in- a perfect way to do it, with such a ficient and flexible manner in address- tact. strong finishing kick in their sterling ing this country’s defense and home- At this point, that is all history. Now record of leadership. land security needs. we are faced with the alternatives of I believe the Department of Home- I wish to briefly touch on a few of the either accepting the House bill and land Security proposal that we are now important provisions I have worked on moving on and getting this Depart- considering—the same one passed by with representatives from the tech- ment established, so that we can make the House last evening—preserves the nology community and my colleagues our maximum effort to protect the essential functions outlined in the in the Senate, such as Senators

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11015 BENNETT, WARNER, and WYDEN, which, I ago by the Information Technology As- the local level of a voice and data am happy to say, are addressed in this sociation of America and the U.S. At- interoperable communications system legislation. Again, I thank Senator torney’s Office for the Eastern District for Federal, State, and local emergency THOMPSON and Senator GRAMM and of Virginia where they brought to- responders. Last year, this Congress their staffs for listening—listening to gether law enforcement and private appropriated $20 million for the me and listening to my staff as well, sector leaders from all around the CapWIN project. CapWIN has started to and in particular I thank Frank country to address some of the remain- award contracts for the development of Cavaliere—to these ideas in addressing ing obstacles to improving cooperation. an interoperable communications sys- these important provisions. These are the types of efforts I encour- tem for Federal, State, and local public Let me highlight a few of the more age, and I am hopeful this legislation safety organizations in the greater salient provisions. will continue to promote. Washington, DC area. That is Northern First, this proposal protects compa- Also included in the Thompson- Virginia, the Maryland suburbs, and nies developing advanced technologies Gramm amendment is the Federal In- the District. that help detect and prevent terrorism formation Security Management Act, The CapWIN project is a real-life ex- from assuming unlimited liabilities for or FISMA, which will strengthen and ample of adapting technologies, specifi- claims arising from a terrorist strike. protect the Federal Government’s in- cally communications technologies, to This provision helps ensure that effec- formation and communications net- address and overcome existing national tive antiterrorism technologies that works. FISMA establishes guidelines security concerns, as well as homeland meet stringent requirements are com- that are performance based. Let me re- security concerns in this region. mercially available. peat that. The guidelines are perform- I again thank my colleagues for lis- The reality is that without these ance based so they can quickly adapt tening to me, and to the tech commu- safeguards, the threat of unlimited li- and respond to the fast-changing cyber- nity for their persistence and their ability prevents leading technology security threats. Strengthening the positive leadership on this historic leg- companies from providing their best Government’s information security is a islation. I respectfully urge all of my products to protect American citizens, vital component and piece of the home- colleagues to support this carefully American businesses, and govern- land security puzzle. FISMA will foster crafted measure that will help the mental agencies. accountability and make sure that President, Federal, State, and local The liability protections in this leg- every agency and department in our agencies, and the private sector utilize islation are responsible to the Govern- Federal Government prioritizes infor- the best innovations of technology, to ment, the industry, and also, very im- mation security and promotes the use analyze and respond and, thereby, pro- portantly, to the American taxpayer. I of commercially available technologies tect the security of our American thank my colleague from Virginia, while avoiding technology-specific or homeland. Senator WARNER, for all his assistance, product-specific government-wide secu- Madam President, I yield the floor. experience, and constructive leadership rity standards. The PRESIDING OFFICER. The Sen- in this important aspect of the bill. This is vitally important in making ator from Texas. Second, along with Senator BOB BEN- sure we get procurement that is good Mr. GRAMM. Madam President, this NETT of Utah, I am very pleased to see for the taxpayers and allowing all homeland security bill has been de- this legislation remove some of the those who have great ideas to offer bated for 7 weeks. We have pretty well legal barriers to information sharing their programs, their systems, their talked about the issue enough. I do be- between private industry and the Gov- products, and their efforts. lieve we are on the verge of acting on I am also happy to see this com- ernment. The threat to this country’s it, so I wanted to come over this after- promise proposal establishes a national critical information systems is ex- noon, given that we are going to have technology guard or NET Guard. This traordinary and this bill establishes a vote on cloture tomorrow, to make a is a bill that Senator WYDEN and I in- procedures that encourage private in- few comments. troduced earlier this year to help local dustry to share infrastructure vulner- First, I do not think anybody set out communities respond and recover from ability information with the Govern- with the goal of turning this into a attacks on their information systems ment. The dialog between the Govern- partisan issue. We came very close to and communications networks. ment and the private sector will ulti- After the September 11 attacks, I, that happening. In the aftermath of the mately help identify and correct weak- along with other Senators, received election, I think we have pulled back nesses in our Nation’s critical infra- volumes of information from numerous from that. structure while not compromising any companies about their varied products, I thank the President for that. In the of the provisions or protections pro- their systems, their programs, and aftermath of an election where the vided under the Freedom of Informa- their ideas regarding the defense of our President triumphed—I do not think tion Act in other government agencies. homeland. As public servants, we want there is another fair word—there might Information-sharing protections are to be sure the Government has the nec- have been some who in those cir- particularly important in the area of essary structure and process in place to cumstances would have said: Let’s take cyber-security and threats. Taking pre- test and apply new technologies to this over to next year and I will write emptive measures to disclose meet our homeland security needs. it exactly like I want it. I think we vulnerabilities with the Government The new Department of Homeland could have all understood had the will help both the private and public Security will have a designated cen- President taken that approach. sectors develop strategies to combat ter—and this is part of this bill—to In the aftermath of the election, he the numerous and constantly evolving serve as a technology clearinghouse to had the right to take that approach, cyber attacks threatening our Nation’s encourage and to support private sec- but I would have to say I admire the critical infrastructure. tor solutions that enhance our home- President for the fact he did not take I encourage industry, law enforce- land security. that approach. There are not many ment, and Federal officials to continue Lastly, the Thompson-Gramm people, after validating an issue in an to work to build trust-based relation- amendment makes the coordination of election, who are still willing to com- ships and processes that will foster our Federal, State, and local officials promise, but that is what the President more information-sharing reporting. charged with protecting our homeland did. Removing legal obstacles—which is a national priority. Over the last year, We now have a bill that will give the what this bill does, which is very I have strongly advocated that any President the tools he needs. We have good—removing legal barriers to infor- homeland security plan focus on inter- responded to legitimate concerns that mation sharing is very important and action with local public safety officials have been raised. We have strengthened essential, but so is building trust. as they are really on the front line of to some degree the ability of those peo- A national forum on combating e- combating terrorist threats and at- ple who are going to be affected by the crime and cyber-terrorism was held at tacks. second largest governmental reorga- the Computer Sciences Corporation of- Specifically, I have worked in the nization in the history of our country fices in Northern Virginia just 2 weeks Senate to promote the development at to be heard, but on the other hand not

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11016 CONGRESSIONAL RECORD — SENATE November 14, 2002 have the power to obstruct; to have pensable ingredient for those of us who otism whistleblower protection is pre- input but not the ability to dictate. I have tried to work on it. served. Those rights are not trampled think that represents a reasonable I thank Senator LIEBERMAN. Earlier, upon in any way. Workers are not compromise. when I was off doing something else, I being deprived of those rights. Vet- Senator BYRD raised probably the understand Senator LIEBERMAN said he erans preference provisions are pre- most significant issue in that the origi- intended to vote for cloture. I think served. Equal pay for equal work provi- nal proposal would have dramatically that is an act of leadership, and I ap- sions are preserved. transferred power from the legislative plaud him for it. I hope we do not go down this road branch to the executive branch by giv- I thank my dear colleague ZELL MIL- together, but still separate, in our feeling the President the ability to reorder LER, who has worked with me on the ing for the need for this bill because we priorities in appropriations. If the Con- substitute that Senator THOMPSON has feel in some way we can still draw lines stitution is clear on one subject, it is offered on our behalf. I think Senator between management and workers and that Congress has the power of the MILLER’s leadership has been indispen- play on any hostility or misunder- purse. I believe we have reached a rea- sable on this bill. He has a way of get- standing that might be out there. It is sonable compromise in that area. I ting down to the bottom line of what not based upon reality. It is based upon know Senator BYRD is not for this bill, an issue is about and express it in a recognition that our Government is but I believe a major concern he raised terms that people can understand, and simply not working very well in some has been dealt with, and I think his that has been a very important ingre- areas, in some basic provisions. Many input improved the bill. dient in getting us to this point. of our departments have troubles. If I were writing the bill by myself, it I am ready to move forward. It is my Senator DURBIN, with whom I will en- would be different than the com- understanding we are going to vote on gage in a colloquy shortly concerning promise we have reached, but to be cloture tomorrow. I hope after that some technology provisions, is abso- honest it would not be much different. cloture vote we could move to a vote lutely right when he talks about the I say to people who are opposed to this on final passage tomorrow. If that is problems our Government has with re- bill to look at the alternative as we not to be the case and we carry it over gard to getting our computers to talk come down to the final moments before until early next week, then we carry it to each other. This is simply another it is adopted. The alternative, it seems over into early next week. But I do be- example of our Government not work- to me, is to wait for another bill until lieve it is important we pass this bill in ing very well. We have spent billions of next year. For those who oppose the this Congress. dollars in the IRS trying to get the bill and for those who believe it gives The House will finish its business computers to talk to each other, to up- the President too much power, I ask this afternoon and will leave town. grade them and incorporate technology them to honestly ask the question: Do They have no intention of coming capabilities that private industry has they believe waiting 3 more months in back. This is not really a take it or employed for a long time. We had great a new Congress, under new leadership, leave it kind of deal because this deal difficulty in doing that. That is one they will get a bill more to their liking was negotiated over the weekend. We small area of the problem. The other than the bill that is before us? I believe had broad input. We have some 53 side of that problem coin has to do an honest answer to that question is Members who are committed to voting with personnel. no. for this compromise. So it clearly has a When the IRS was in such bad shape, I also believe 3 months does make a majority, and I am hopeful that we will we gave them additional flexibility to difference. Finishing the work in this see that majority prevail. pay people more, to go outside the per- Congress is important. Getting on with I yield the floor. sonnel rules and pay people more and this Department is the right thing to The PRESIDING OFFICER (Mr. MIL- give them more flexibility as to who do. So whichever side my colleagues LER). The Senator from Tennessee. they could hire. That is the sort of are on—whether they are on the side of Mr. THOMPSON. Madam President, I thing you do to solve the problem. Do Senator THOMPSON and the President thank Senator GRAMM of Texas for his not just identify the problem; try to and believe that this is a good bill that strong leadership on this issue. He is solve the problem. ought to be adopted now, or whether one of the most eloquent, logical, and In department after department, they oppose it because they believe it persuasive Senators who has ever agency after agency, we have looked at gives the President too much power—it served in the Senate, I am sure of that. the problems our Government has as it seems to me the right thing to do is to The Senate is going to miss his strong grows, as the bureaucracy grows, and finish this job now, because if we wait voice. He is fierce in battle and he is we get bogged down and cannot hire until we come back in the next Con- magnanimous in victory. I am proud he the people we need and we cannot fire gress, it will be February before we can is my friend, and I thank him for his the people we do not need. We get get to it. The bill that will be adopted comments. bogged down in endless disputes over in February will be less to the liking of It does look as if we are at a point minute matters such as smoking facili- the President’s opponents on this issue where we can come together on a ties and the color of the carpets in of- than the bill before us, and we will homeland security bill. I hope it is not fices and things of that nature. We have squandered 3 months. done in a way that is a grudging con- have given flexibilities to get around This is an incredible issue that does cession for some, that they believe it is those things. That is what we are doing not come along very often, where at a bad bill but must on balance vote for in this bill. this point in time, no matter where one it. I hope the employees who are going It is not a heavy-handed cram down stands on the issue, it seems to me a to be in this Homeland Security De- that violates people’s rights. It is sim- plausible, logical, reasonable, and I be- partment do not feel they are going to ply a response to the fact that this Na- lieve correct case can be made that we be taken advantage of or this bill in tion is in a different era now. We recog- should go ahead and act. some way strips them of basic rights. nize the difference we are in, the dif- I am not expecting 100 Senators to Those sorts of things have been alluded ferent threat this Nation faces, one vote for the bill, but I do hope people to, but they are simply not accurate. that it has never faced before. We are will allow us to go forward and adopt This bill preserves the antidiscrimi- not fearful of vast armies and tanks the bill. I do hope we get a strong vote. nation provisions and protections of and battalions rushing across Europe It does make a difference whether a title V—for example, discrimination anymore and threatening our friends bill passes 51 or 65, especially when we based on color, race, religion, sex, age, and our troops in that part of the are trying to do something that is handicap, marital status, or political world. It is much more insidious and going to be very difficult and the Presi- affiliation; those protections are pre- much more dangerous than that, where dent is going to need all the help he served. Those were never at issue. Pro- a handful of people with modern tech- can get. tection from political coercion, a basic nology can destroy the lives of thou- I thank Senator THOMPSON for his right that is set forth in title V, is pre- sands of people. We are just in the baby leadership and his in-depth knowledge served. Fair competition for employ- steps phase of even beginning to deal on this issue which has been an indis- ment is preserved, protection from nep- with that.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11017 That is what the homeland security eral amendments as ranking member out, that he simply was not going to bill is about. It is taking the first baby on the Governmental Affairs Com- relinquish any authority that all other step to organize ourselves to deal with mittee. Some of the amendments sim- Presidents had since the time, really, that. We have a big battleship of a gov- ply were trying to incorporate current of John F. Kennedy, when there was an ernment and we are trying to turn it law into the Homeland Security De- Executive order that gave him that au- around a little bit. Oftentimes it is partment and were voted down pretty thority, and since the time of Jimmy wasteful, inefficient. As Senator DUR- much along partisan lines. We tried to Carter, that there has been a statute BIN points out, the computers cannot negotiate the personnel flexibility that gave them that authority. Demo- talk to each other. We have all the issue at that point. We did not meet crat and Republican Presidents both things that make it difficult to face with any success at that point in try- exercised that authority. It passes the high-tech threats we are facing. ing to negotiate any of those things down to George W. Bush, and the pro- That is what homeland security is all out. Senator LIEBERMAN had the votes. posal on the other side was that there about. He passed the bill. He is to be com- be new hurdles the President might We simply cannot exist in this envi- mended for that. We might not be here have to go jump over before he could ronment in the world when, while we today if it was not for him. exercise that authority. are the world’s superpower, we are also The fact is, there was disagreement It made no sense to us or to the the world’s supertarget. We cannot and discussion and his side prevailed President that in a time of war we exist the same way we have in times along party lines on just about every would be giving the President addi- past, being willing to pay a few billion vote when we tried to get some author- here and a few billion there because of tional hurdles and roadblocks in order ity for the President that other Presi- to, on occasion, exercise his national waste and inefficiency in government, dents had. The answer was no. We tried knowing things may not work—so be security authority in certain areas. He to get personnel flexibility; some of the maintained that provision. He pre- it—and we simply add another bureauc- unions opposed that, but I think the racy on top of that, have another elec- vailed on that position. That is the po- people support it. The answer was no, sition that is in this bill, and rightfully tion, and spend a few more billion dol- all along the line. This has not been a lars and absorb it because of our eco- so. totally one-sided proposition from our The same thing is true with respect nomic strength. We cannot do that standpoint. I voted against the pro- anymore. We have to do things dif- to personnel flexibility. I will discuss posal in committee at that time. It was that perhaps in some detail. We have ferently. before a national strategy had been It goes back to equipment, com- had a lot of discussion about this submitted by the President. I thought agreement or compromise, or whatever puters, technology, and personnel and the President ought to have an oppor- the flexibility to use and interchange you would call it, that we introduced tunity, at a minimum, to analyze the those things to meet the modern condi- yesterday, but we really have not got nature of the problem and come forth tions we are facing. We cannot go along ten into the details of what is in it to with a comprehensive national strat- anymore with a system that takes 6 any great extent. If anyone wants to egy. That is what happened. months to hire someone and 18 months come down and speak on this bill, I will This bill, today, not only is not what to fire someone. That does not work. be glad to let them do so. But until Senator LIEBERMAN proposed, it is not Where, if you want to transfer someone that time, I will just go over a few of what the President originally proposed, to the front and get your best people in the provisions that are in this amend- either. The President had more flexi- certain crucial places you have endless ment that we filed. bility in his original proposal than is appeal rights that take years to re- found in this amendment. The original With regard to the issue of personnel solve. We cannot do that anymore. It is bill did not have the various provisions flexibility, as we know, the bill to cre- not a matter of trying to take advan- in title V, nonwaivables. I do not think ate a Department of Homeland Secu- tage of someone, it is a matter of try- there was an intention to make them rity consolidates 22 Federal agencies ing to protect this country. That is comprising 170,000 employees, 17 dif- what this is all about. expendable at all, the various protections were not in the bill, but we ferent unions, 77 existing collective I hope this is not viewed as a take-it- bargaining agreements, 7 payroll sys- or-leave-it proposition that has not wound up putting those in the bill. The President wanted appropriations trans- tems, 80 different personnel manage- been compromised. Some have said this ment systems. It is a monumental job is not a compromise, this is an agree- fer authority, up to 5 percent of appropriated funds. The President did not under any circumstances—a monument—meaning, apparently, the Presi- mental job. Reorganizing an agency dent was not willing to bend; or our get that. That is not in this bill. When it came down, Senator GRAMM with all the vested interests and posi- side was not willing to compromise in tions that involves is a big job. This is any way, but we did agree to disagree and Senator ZELL MILLER, the two Sen- ators who made the major proposal and a monumental job. It is imperative and we are going to vote for the bill. that some sort of procedure is put in That is the way I interpret that. It response to the Lieberman bill, and whose work was so effective and we place to enable the Secretary to create should not be that way. I don’t think one unified Department to prevent ter- that is a justifiable response to the sit- certainly would not be here today without their work, they suggested 2 rorist attacks and protect our home- uation. land. Going back to the beginning of this percent, the President be given appro- legislation, we must go back to Sen- priations transfer authority up to 2 We all agree that flexibility is needed. We have not been able to come to ator LIEBERMAN. Senator LIEBERMAN percent. We are going to have to create began this process. He should get great a new Department. We have to have agreement, up until now, as to how credit for that. He and a few others some flexibility, some money to make much flexibility is required—flexibility heightened our awareness to the need these changes up to this amount. That meaning the guy who is going to run to take a different look. It was in the is not in the bill either. An indem- the agency, have to take the responsi- Governmental Affairs Committee, the nification provision that was in bility, have the accountability but be committee that deals with Government Gramm-Miller, that is not in this bill given the tools to get the job done organizations and reorganizations. either. with. That is a big job—the most im- Goodness knows, many Members have So there are things that each side portant job, probably, in Government, known the whole Government has wanted that are not in this bill. It has outside the Presidency itself, in light needed a reorganization for many been compromised and discussed all of the world in which we live. years. He said we should look at a reor- along the way. It is true that some- The idea of providing agencies with ganization with regard to the parts of where along the line someone has to some increased flexibility with regard Government regarding homeland secu- prevail on certain key issues. It is true to personnel management is not revo- rity. We did not agree on exactly how that the President stood pat, pretty lutionary. Almost half of all Federal to do that. much, on his national security author- executive branch employees already We had several hearings. We had ity and took the position from day 1, work in agencies with human resource committee consideration. I offered sev- and maintained that position through- management programs that operate, in

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11018 CONGRESSIONAL RECORD — SENATE November 14, 2002 whole or in part, outside the frame- the Government at the salaries we are grudgingly support but something they work of Federal employees laws that paying now. We are going to have to do really thought was a good product and are in title V. better. still got the job done. I think we need to realize on the one There is good news in this bill. It is You can always compromise and get hand that employees probably should not an onerous thing, looking for a way an agreement just about on anything if not have an equal seat at the table to fire a bunch of people. That would it is meaningless enough and incon- with managers when it comes to run- never work. Natural attrition is going sequential enough. That is not the only ning a Department; on the other hand, to take a tremendous toll on Federal key—getting a deal. The key is to get we need to emphasize in the law that employees anyway. We are going to be a deal that will get the job done and some employee rights are basic they looking for good people. But a manager people can feel good about. are basic and should not be subject to simply has to have the right in any The bill before us today would enable the whim of a manager. kind of organization, especially one the Secretary to initiate an internal An employee is entitled to appeal this big, especially one this complex, reorganization that would reallocate rights. We can discuss whether it ought especially one that has this trouble- functions among the offices of the De- to take 5 years to get something re- some track record that so many of our partment so long as the Secretary sub- solved or whether we ought to have Departments and Agencies already mits a comprehensive reorganization five different levels of appeal. I think have—a manager must have some flexi- plan to Congress. that is ridiculous in the day and age we bility. We cannot incorporate the mess I think this language goes a long way live in now. We can do better than that we have created in so many areas of toward giving the Secretary the flexi- but still keep those appeal rights. The Government into homeland security. bility needed to ensure the long-term manager should not be the judge and We have a golden opportunity to take viability of this new Department. jury and executioner but should have the first steps toward doing something Procurement flexibility is another the right to manage and then some ap- different, doing something right, some- important area. It is important peal rights if he oversteps his author- thing that can be a template, an exam- throughout Government. It is especially important here. All of these ity. ple for other parts of government. This new bill sets up a consultation Also in this amendment is a provi- problems need to be looked at with a process for the creation of a human re- sion concerning reorganization author- magnifying glass. All these problems sources management system. It sets ity. It is important for Congress to we see in these other areas—all of four steps management must take in consider granting the Secretary the these, well, we need to do better here order to create the new system. There ability to make programmatic reorga- or there—become really magnified when you realize a handful of people is detailed language that provides for a nizations within the Department. It with modern technology can murder preimplementation congressional noti- will take many years for the Depart- tens of thousands or hundreds of thou- fication, consultation, and mediation ment to get up and running efficiently. sands of people when you consider the process the Department must go There may be many instances, for ex- vast ranging infrastructure that we through, involving the management ample, in which the various functions have which is 90 to 95 percent in pri- and employees of the Department, the within the Department can be consoli- vate hands. It is not something the Office of Personnel Management, Con- dated in order to eliminate overlap and Government can turn a switch and gress, Federal employee unions, and duplication. change overnight. When you consider the Federal Mediation and Conciliation If you listen to GAO, and you ever that, all of these difficulties that we Service. So there is quite an elaborate read any of those reports—and you have had become greatly magnified. process of consultation and even medi- could fill this room to the ceiling with Procurement is another issue that, ation where these views have an oppor- GAO reports talking about ineffi- for many years, we have accepted that tunity to be aired. ciency, waste, fraud, abuse, overlap and the Federal Government has paid a pre- It is not all one sided. Sometimes duplication, year after year, Depart- mium, both in dollars and in time reasonable people can actually sit ment after Department after Depart- spent for goods and services it buys down and modify their views when they ment. But in order to deal with this, a solely because of the unique require- have a chance to talk. It is not as if all manager ought to have a right to do ments it places on contractors. the employees are going to look at it some consolidation. While the Federal procurement sys- the same way. If I were a good em- While waiting for Congress, both tem has been streamlined and sim- ployee, the way most of the employees Houses, with its 88 committees and plified over the last several years, are, and I were offered the opportunity subcommittees of jurisdiction, to hold much redtape and barriers still exist. of my management, my Department, hearings, introduce legislation, con- This is due in part to trying to main- having some more flexibility so that I sider their proposal in subcommittee tain the proper balance between an ef- could move more toward the things I and committee, debate on the issue, ficient procurement system and ac- am interested in and good at, that had vote, and then hold a conference on the countability when spending taxpayer a chance of higher pay and more rec- legislation, it is important the Sec- dollars. ognition and a more significant mis- retary be able to implement these Last year, Congress provided the De- sion, such as homeland security, but in changes in a timely manner. fense Department with the authority exchange I had to agree that if I did Gramm-Miller was somewhat broad- to quickly and efficiently purchase the something that caused disciplinary ac- er. The Secretary could go outside the most high-tech and sophisticated prod- tion I would only have, let’s say, three agency, reporting to Congress. This ucts and services in support of the levels of appeal instead of five, I think does not allow going outside an agency. warfighter. I am pleased that the I would take that deal. I think most But it does not require a report to Con- present bill includes provisions giving employees would take that deal. gress. So there is an adjustment there. the Department of Homeland Security In the first place, the overwhelming There is a compromise there. There is similar authority in its efforts to de- number of employees do not even get in another indication that this is not a fend against terrorism and provide that position because they are good cram-down. This is the product of seri- flexibility to buy technologies or prod- employees. This is not something ous discussions back and forth, just as ucts that are cutting edge but that about which most employees are going was Gramm-Miller. That whole process may not have made it through the to be concerned. I think it is going to was a product of Senator GRAMM and commercial marketplace yet. be something most employees will em- Senator MILLER and others of us sit- Further, the bill also includes lan- brace, if some of their leadership will ting down across tables and working guage that gives similar flexibilities to be honest with them about what this is out minute details. Federal agencies Governmentwide to all about. That work product, which is the basis support antiterrorism efforts and to de- We are not talking about lower pay. of where we are today, was moved fur- fend against biological, chemical, radi- We are talking about potentially high- ther toward the positions of some of ological, or other technology attacks. er pay. We cannot get good technicians our other colleagues in order to get Although these Governmentwide flexi- in the modern marketplace to work for something that people not only could bilities are more limited than those

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11019 provided for in the new Department, all the Transportation Security Adminis- Law enforcement authority for in- agencies of Government will be able to tration allowing the Department to spectors general may seem like a small better avail themselves of the most so- create a seamless border. item, but it is an important item, and phisticated technologies in order to In addition, it establishes a bureau of it is a part of an even more important successfully fight against terrorism— citizenship and immigration services thing; that is, the homeland security one of the things Senator DURBIN was which will report directly to the Dep- bill itself. I am pleased this bill in- talking about just a while ago. uty Secretary. cludes a provision, which again Sen- The bill before us today includes a The services part is not getting lost ator LIEBERMAN and I sponsored, to provision that requires the Secretary in the shuffle. It is important and will codify law enforcement authority for to develop and submit to Congress a report directly to the Deputy Sec- certain Presidentially appointed in- plan for consolidating and coallocating retary. spectors general. the more than 1,000 field offices that This bureau will focus on immigra- In the wake of September 11, the FBI will fall under the new Department’s tion service, including the processing is diverting resources and agents to jurisdiction. Previous versions of the of visas and naturalization applications fight against terrorism like we have legislation required the Secretary to and administering other immigration never seen before. As a result, the Bu- come back to Congress to ask permis- benefits. The separating and restruc- reau will rely even more heavily on the sion to change these field offices. The turing of the immigration enforcement work of inspectors general to inves- language in this bill is more proactive, and service functions within this new tigate fraud and other crimes in the requiring the Secretary to take the ini- Department will help establish the Federal Government. This provision tiative to come up with a way to unify framework for increased security at will ensure that the IGs have the tools the Department’s front line of defense. our borders, as well as improve services they will need to carry out these inves- As to congressional oversight struc- for lawful immigrants. tigations. ture, we know what the situation is I picked up the New York Times this Now, this is not exactly the bill I would have drafted myself. I think al- there. We have to have a sense of the morning, and I read a story that starts most anybody who speaks on behalf of Senate. Congress is beginning to ac- out as follows: knowledge the obvious. As I mentioned it would say that. Some would say that ‘‘The Immigration and Naturalization is an earmark of a good bill. Some before, the Department of Homeland Service has begun an internal review to de- Security will have 88 committees and termine how a man suspected of having ties would say that is an earmark not of subcommittees claiming jurisdiction to the Islamic radical group Hezbullah was something that is being forced down over various aspects of this Depart- able to become a naturalized United States folks’ throats but is the earmark of ment. It is bad enough for departments citizen,’’ several agency officials said yester- something that has been compromised that must answer to two or three dif- day. and worked out. The intelligence issue is an ex- ferent committees. I can’t imagine how There is story after story after story. tremely important one. How do we much energy will have to be focused on We must—must—do better, and hopefully this will be a significant step in handle the intelligence issue with re- reporting to Congress rather than to gard to the Department of Homeland the Department. That oversight re- the right direction. During my tenure on the Govern- Security? It is a big issue. It is a big sponsibility is important. It is just not problem. the amount; it is the quality of it. mental Affairs Committee, I spent a lot of time on legislation and oversight to Throughout this process, there have There is a provision in this bill for a been a couple of different approaches sense of Congress rather than an actual protect the security of Federal computers and information systems. Sen- to the creation of an intelligence direc- requirement for Congress to revise its torate for the new Department. Some committee structure. That at least is a ator LIEBERMAN and I worked very closely together in this regard for some have sought to create a superintel- step in the right direction and an ac- ligence agency that could direct other years. I am pleased that this bill in- knowledgment that Congress really agencies that would be responsible for cludes the Federal Information Secu- should address the question of revising connecting the counterterrorism dots. rity Management Act which will re- its committee structure and doing It is a complicated problem. something about the fact that there quire Federal agencies to utilize infor- We talk about connecting the dots. If are 88 committees and subcommittees mation security best practices to en- the dots had been connected and had that deal with this matter. That is not sure the integrity, confidentiality, and been there on the board for one person going to work. I think Congress would availability of Federal information to connect, we would have avoided 9/11. acknowledge that. systems. This language builds on and The problem with that is these dots Another issue that is important to makes permanent the foundation laid were within a sea of dots. For every dot highlight is the compromise proposal by the Government Information Secu- we now know was significant, there for securing our Nation’s borders. rity Reform Act, a relatively new law were scores of dots right around it that There has been little dispute that the which Senator LIEBERMAN and I spon- looked the same that we now know ap- Immigration and Naturalization Serv- sored, which requires every Federal parently were not significant. So it is a ice needs much improvement. On the agency to develop and implement secu- big problem, much bigger than just one hand, there have been problems rity policies that include risk assess- putting somebody in charge of dot con- with INS enforcement functions and ments, risk-based policies, security necting. ensuring that those who may want to awareness training, and periodic re- Others, like myself, have argued for a enter the United States to do us harm views. structure much more modest that are not admitted. On the other hand, Now, that sounds like a big mouthful would be responsible for conducting the INS has experienced big problems that is hard to understand, but what it threat and risk analysis and producing in backlogs in the processing of appli- means is our computers are very vul- vulnerability assessments; in other cations for visas and other immigra- nerable to cyber-attack. As a part of words, look at our infrastructure. We tion benefits for those qualified aliens our infrastructure, it is very vulner- have problems enough just assessing who lawfully want to enter the coun- able. A lot of people think the next big the vulnerability of our farflung infra- try. So we have a law enforcement attack, if we ever have one in this structure in this country, and then function and a services function. country, will be preceded by this kind working with intelligence to figure out This bill both strengthens the INS of cyber-attack. We must do more and how best to protect it. functions and promotes a stronger bor- do better in that regard. The emphasis of this structure would der. It places all of the INS enforce- At a time when uncertainty threat- be on a critical infrastructure. One of ment functions, including Border Pa- ens confidence in our Nation’s pre- my chief concerns, which I have repeat- trol inspections, within the Border and paredness, the Federal Government edly expressed in the Governmental Af- Transportation Security Director. This must make information security a pri- fairs Committee and on this floor, is will allow the Border Under Secretary ority. The language in this bill is vi- that we not act too broadly in regard to effectively coordinate immigration tally important to accomplish this ob- to creating this intelligence direc- efforts at the border with Customs and jective. torate. It is imperative we do not lull

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11020 CONGRESSIONAL RECORD — SENATE November 14, 2002 Members into believing we have taken that is going on, and the fact that for ciple. However, we are faced with an comprehensive reform of our intel- well over a decade we saw a decline in extraordinary legislative responsibility ligence community when so much, in emphasis of some of the things we to pass this bill literally in the closing my opinion, remains to be done in that know are very important now, such as hours of this session with very limited regard. human intelligence, such as signals, in- opportunities, if any, for amendment, But, for the most part, I am satisfied telligence capabilities, and still have or conference committee, resolving dif- with the intelligence provisions in the the same operation. There is much ferences with the House. compromise legislation that is before more out there for that same operation So what I have agreed to with the us. These provisions combine the direc- to collect and deal with. They are Senator from Tennessee is to take a torates for information analysis and swamped with information, and there different approach and to be prepared critical infrastructure, as requested by are big adjustments to make. I admire to withdraw the amendment with an the President. It would be responsible the men and women who are valiantly understanding and a colloquy between for analyzing terrorism threat informa- trying to deal with it, but they have us on the floor relative to the issue. I tion, assessing the vulnerabilities of not dealt with it well in some respects. thank the Senator from Tennessee for the American homeland, and producing We simply have to let the chips fall agreeing to that. risk assessments, something not being where they may after we have done a I believe there is a serious omission done anywhere else in the Federal Gov- thorough analysis of what we are doing in this bill in that it does not address ernment. right and what we are doing wrong, and directly the issue of modernizing and These assessments tell us of the like- to what extent we need to reorganize, coordinating information technology. lihood that a target will be attacked to what extent leadership has to be dif- The amendment which I have sug- and will help us best allocate our lim- ferent. How do we get the good people gested, however, adds little more to the ited resources. I believe this is the we need? How do we keep them moti- existing Federal statutory requirement proper emphasis for this directorate. vated? What should Congress do to give of the Office of Management and Budg- Still, this bill goes further than I them political support? et. would prefer in the amount of informa- Congress is great about seeing the In 1996, two colleagues I have served tion that is provided to the new De- horse running out of the barn and down with, former Congressman Bill Clinger partment. Specifically, the access-to- the road and pointing out that the of Pennsylvania and former Senator information provisions provided in this horse is out of the barn. We need to see Bill Cohen of Maine, passed the new directorate mean they will receive how we can do a little bit better in Clinger-Cohen Act related to informa- all information on terrorist threats, terms of helping to resolve the problem tion technology management reform— even if the provider of the information instead of criticizing the way we have 1966, 6 years ago. If you read this and considers such information to be high- done it, and causing our intelligence what they said in the law and required ly sensitive or not particularly useful community to hunker down and have of the Office of Management and Budg- or raw material. The only way to avoid as their No. 1 goal, which is the impres- et, you reach the inescapable conclu- this requirement is for the provider to sion I get sometimes, not getting in sion that this agency already has been convince the President the information trouble, not getting in trouble with us. tasked with the responsibility of mod- should not be shared. If the President I think that is a good goal, but it is not ernizing information technology in the says this information is not to be an exclusive goal. It is not even the Federal Government. The sad reality is shared, it will not be shared. most important goal. that after the passage of this legisla- So I would prefer the burden be on All that needs to be looked at. If we tion in 1996, it appears that little has the recipient to show a need for this in- think, in creating this Homeland Secu- been done, certainly not nearly enough formation rather than the burden being rity Department, and a little Intel- has been done to meet the challenge we on the President to stop it, but it is not ligence component emphasizing our in- currently face since September 11, 2001, a major consideration. frastructure, that we have really dealt in terms of modernizing our computers. The fact of the matter is, we are with all of that, we are fooling our- The Director of the Office of Manage- going to try this out for a while to see selves. That is a job for a little further ment and Budget is required, under the what is best. We are not going to have down the road. Clinger-Cohen Act of 1996, to make it right in a lot of these areas, no mat- I notice the Senator from Illinois in plans for information technology acter which direction we take. But we the Chamber. I have a bit more, but if quisition. Note that I said 1996. The will only learn how we can improve by the Senator wanted to comment, I reason I believe this amendment is nec- getting started. That is why this bill would be glad to relent. essary is that many years have passed right now is so important. We need to I yield the floor. with relatively little progress on im- get started and see how it works. Mr. DURBIN. I thank the Senator proving Federal information systems Even our Constitution, as the Fram- from Tennessee. I also thank him for and their interoperability. I believe ers of our Constitution knew, is not a his dialog with me during the last hour that we can’t wait any longer. In the perfect document in that it would be or two concerning my pending second- name of national security, in the name exactly the way we would want it for degree amendment which, as we noted of homeland security, we must demand 200 years without any changes. We saw in the RECORD, relates to modernizing that the Director of the Office of Man- some ways we could improve it. And information technology in the Federal agement and Budget take the steps that will not be any different with this Government to protect our Nation that would have been required by my legislation. against terrorism. amendment and by the Clinger-Cohen This provision will radically alter the I have discussed this with the Sen- Act of 1996. current relationship between con- ator from Tennessee, and I know from OMB must, in consultation with the sumers and providers of intelligence in- some experience in this body that there Secretary of this new Department, de- formation. I certainly agree with those are moments in time when you should velop a comprehensive enterprise ar- who suggest the traditional means of try to find a good exit strategy which chitecture plan for information sys- sharing intelligence information with achieves as closely as possible your tems, including communications sys- the community must be revamped. But goals. I believe the Senator from Ten- tems, to achieve interoperability be- I think it should be done next year as nessee and I have agreed on such a tween and among information systems a part of a larger look at our intel- strategy. I would certainly like to see of agencies with responsibility for ligence community. I am concerned. my amendment adopted as part of the homeland security, including the agen- The intelligence community is no dif- Department of Homeland Security leg- cies inside the new Department and ferent than the rest of our Government islation. It would be a valuable addi- those that are outside of it but key to in that you live and you learn and you tion. homeland security, such as the FBI and adjust. And we are undergoing a big ad- The Senator from Tennessee and I the CIA. justment now because of the change in have discussed it. He has supported my OMB must develop time lines, real- the nature of the primary threats to amendment in committee, and I be- istic and enforceable time lines, that this country, and the reprioritizing lieve he agrees with it at least in prin- are met to implement this plan. And a

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11021 particular person must be designated on the information management re- particular interest in the new Depart- to be responsible for this effort. There quirements of the Paperwork Reduc- ment, the Secretary should be able to has to be someone in charge of this tion Act. The Director of the Office of go to this laboratory directly and take project beyond Mr. Daniels, who serves Management and Budget, under both of advantage of that. The Senate bills— as head of the Office of Management these laws, is charged with the respon- the Gramm-Miller bill and Lieberman and Budget. There needs to be a person sibility of overseeing and evaluating bill—set up a mechanism to allow this who is well skilled and versed in infor- agencywide information technology type of interaction. mation technology with the authority, management and acquisition. It is cer- The compromise includes many of the power, and the responsibility of tainly consistent with OMB’s own im- our principles in these bills but doesn’t dealing with this issue. This person has plementing guidance to expect that the place the same emphasis on this level to carry out the duties of the Director Director will develop, in consultation playing field. I will note that the lan- of OMB. with the new Secretary of Homeland guage in the compromise is permissive; I also believe OMB must keep Con- Security, a comprehensive enterprise that is, it allows the new Department gress informed on the development and architecture plan for information sys- to select a headquarters laboratory but implementation of this plan. My tems, including communications sys- doesn’t require it to do so. I encourage amendment would have required a tems to achieve interoperability. I the new Secretary, whoever he or she yearly report. agree with Senator DURBIN that OMB may be, not to do so. I hope the new I am fortunate that the people of my should develop and meet time lines to Department will look at all of the Na- home State of Illinois have renewed my implement this plan. tional Laboratories for assistance and contract a week or so ago and given me Senator DURBIN’s amendment would fully utilize the tremendous capabili- an opportunity to serve for another 6 have required a particular person to be ties they have to help strengthen our years. It will give me an opportunity to designated to be responsible for this ef- homeland security. stay on top of this issue. I will pursue fort. Certainly with all those people On the issue of risk sharing and in- this issue and others of law and order they have at OMB, I am sure they have demnification, which has been referred in this venue, while my colleague from someone with the expertise to be re- to earlier, I am disappointed the bill Tennessee pursues them in another sponsible for the success of this effort. doesn’t include language that would venue. But I believe that what we are I do know this is something that the give the President the ability to exer- doing here is to at least serve notice on folks at OMB are concerned about, and cise existing discretionary authority to OMB that under Clinger-Cohen of 1996, I have full faith that they will do the indemnify contractors and subcontrac- they have the power and the responsi- right thing about it. tors for Federal agencies’ procurement bility, and with this new Department, I thank Senator DURBIN for his lead- of antiterrorism technologies and serv- they have a new imperative to meet ership on this important issue. I am ices. I had hoped this bill would clarify these guidelines, these schedules, these confident the administration hears this that the President, if he chooses, may time lines, and to really make signifi- and will be responsive on this issue. use the indemnification authority of cant progress. On a couple of other issues having to current law to provide companies sup- We need to do more than just ask for do with our amendment that is under plying goods and services to the Gov- a report. We need action. I will revisit consideration today, as we attempt to ernment some certainty about the risk this issue again in the next Congress, if wrap up the homeland security bill, involved when developing cutting edge significant progress is not made, but I there are provisions here dealing with counterterrorism tools. trust that Mr. Daniels and members of the Department of Energy National The law now covers wartime products the administration who share my con- Laboratories on which I would like to and services—certain products and cern about information technology will comment for a moment. services having to do with wartime, put their best efforts to work to make I strongly believe the new Depart- and they are defined in the law and in certain that it is met. ment of Homeland Security, and par- Mr. President, I yield the floor. ticularly the Science and Technology the bill. But there are other items, The PRESIDING OFFICER. The Sen- Directorate, can benefit greatly from such as mail sorters, and things of that ator from Tennessee. the cutting edge research and develop- nature, that may not fit into the same Mr. THOMPSON. Mr. President, as I ment being performed at our National category I think ought to be covered, understand it, my colleague from Illi- Laboratories in this country—crown too. Instead of the indemnification pro- nois has withdrawn his amendment. jewels of this Nation—much of which is visions included in the Gramm-Miller amendment, this bill includes some AMENDMENT NO. 4906 WITHDRAWN directly related to homeland security. limited tort reform provisions to pro- Mr. DURBIN. Mr. President, if I may Senator DOMENICI, Senator BINGA- tect the manufacturers and sellers of at this point, pursuant to the agree- MAN, and I have worked hard to craft ment I had with the Senator from Ten- language that will allow the new De- antiterrorism technologies that satisfy nessee, I ask unanimous consent to partment of Homeland Security to certain requirements. withdraw my amendment. take advantage of the expertise that is Under the principles of federalism on The PRESIDING OFFICER. Without resonant at our National Laboratories which our country is based, tort laws objection, it is so ordered. in order to strengthen homeland secu- are traditionally reserved to the au- The Senator from Tennessee. rity. I must say, however, I am dis- thority of several States. I have never Mr. THOMPSON. Mr. President, I ap- appointed that the compromise bill in- been one, just because I liked a certain preciate my colleague’s withdrawal of cluded language allowing the new De- policy, to federalize something that his amendment. As he knows, I agree partment to select a so-called ‘‘head- had been the province of the States for with what he is trying to do with this quarters laboratory’’ from the National 200 years, simply because I wanted to amendment. I was a cosponsor of it Laboratory system to serve as the conform it to my idea of national pol- when he offered it in the Governmental focus for homeland security R&D. icy. That is inconsistent with our posi- Affairs Committee. I agreed to cospon- I believe all the National Labora- tion on federalism. There comes a sor his amendment in committee be- tories have something to offer this new point on balance where the need for the cause the problem of interoperability Department and that the DHS should development and deployment of effec- of Government information systems is be able to directly access whichever tive antiterrorism technologies a real problem and one we have tried to laboratory it believes can best serve a throughout the Nation supports the address for years. I mentioned the IRS given need. There should be a level creation of national or Federal stand- a while ago as being a very good exam- playing field in this regard. ards, upon the determination by the ple of that. For example, if the Oak Ridge Na- Secretary, of the technology if it meets Congress passed the Clinger-Cohen tional Laboratory in Tennessee—just the statutory criteria. Act of 1996 in response to concerns to pick a laboratory at random—has As time goes on, things change, cer- about how the Federal Government developed a technology that would help tain things become national issues, was managing and acquiring informa- to strengthen our homeland security, certain things become matters of con- tion technology. Clinger-Cohen built or is conducting research in an area of cern of even national security. We are

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11022 CONGRESSIONAL RECORD — SENATE November 14, 2002 living in a different world, and I think age that have nothing to do with home- protect our children against prevent- we must respond to that. We make land security. able diseases. All they do is protect some progress toward doing that, with- Mr. President, we are here for the manufacturers of vaccines against law- out wholesale so-called reform that most critical and compelling of public suits. would totally federalize the areas that interests; namely, our homeland secu- What is really sad is that we in the have been under the province of States rity. But I have to say that we make a HELP Committee had been working on since the creation of our Government. mockery of our duties if, instead of fo- a comprehensive approach to dealing Corporate inversion is another area cusing our attention, our time, as we with these vaccine issues. Senator that is dealt with in this bill. I am dis- end this session, on this absolutely es- FRIST from Tennessee had such a bill appointed that the bill includes lan- sential issue, we let the Homeland Se- that would include many of these pro- guage to prohibit the Secretary from curity Department bill become a vehi- visions because he acknowledged, as a entering into contracts with U.S. firms cle for other matters, special interests, physician, that we not only needed to that have reincorporated outside the pet projects that Members in either figure out what was appropriate to pro- U.S. through a series of transactions, House have, instead of focusing on the tect manufacturers from unnecessary commonly referred to as inversion. It business at hand. liability, but, first and foremost, how is a very popular idea to punish folks Senator LIEBERMAN has eloquently to benefit children, consumers, and who go outside and incorporate. We listed a number of these provisions families. We have worked very closely over a would do a whole lot better if we con- that have been inserted into the home- number of months with the Senators centrated on improving the tax that land security bill in the other House. I and their staffs—Senator FRIST, Sen- caused it to happen. It is going to be know my colleague from Connecticut ator GREGG, Senator KENNEDY, as well part of this bill, and I wish it was not. is here to talk about something taken as Senator DEWINE and Senator DODD— The Committee on Governmental Af- out of the bill that has direct implica- to try to figure out how we would deal fairs, which has jurisdiction over Fed- tions for homeland security, which with these vaccine issues. They have eral procurement policy, has not held a makes the shell game going on even been very productive discussions. We single hearing to consider this issue harder to understand. fully expect we will reach a bipartisan Among the many provisions that and its impact on the procurement resolution early in the next session. process. have no business being in this bill at Unfortunately, we are now con- There are consequences to what we this late hour of this session is one fronted with a homeland security bill do around here. I think we will dis- that offers special protection against that not only undermines our discus- cover there are some consequences to litigation for pharmaceutical compa- sions but, once again, puts the health this—maybe unintended—and they will nies that manufacture childhood vac- of our pharmaceutical companies in be addressed later. So be it. One result cines by using the homeland security front of the health of our children. of the language would be—get this—to bill to dismiss existing lawsuits. Now, That is by no definition I am aware of allow foreign companies that have al- I, along with Senators DODD and homeland security. In fact, it is just ways been foreign based to bid on De- DEWINE, have legislation that we think the opposite. It is home insecurity. partment of Homeland Security con- is very important when it comes to What are our families supposed to do? tracts, but it would preclude foreign pharmaceuticals and children. Many of us read the article in last companies headquartered in the U.S. We believe that protecting our chil- week’s New York Sunday Times maga- before the Department was created dren against shortages in the univer- zine about the potential link between from bidding on U.S. Department of sally recommended childhood vaccines this very ingredient that the House has Homeland Security contracts, even if for diseases such as measles, tetanus, decided to protect against lawsuits, a the work would be performed in the and polio is absolutely critical. Our bill compound known as thimerosal which U.S. by American workers. would provide stockpiles and advance is made of mercury that was put into a Maybe somebody will step up and tell notice so that the Centers for Disease number of pharmaceutical prepara- me how that makes sense. It is in Control can manage shortfalls without tions to preserve them, including into there, and it is not nearly as important having to turn children away when vaccines. an area as these other very beneficial they come for immunizations. My colleagues read the article. We do sections of this bill. There are very few public health not know what the right conclusion is. In the interest of full disclosure, as I achievements in the last century more We do not know whether this has any go through these provisions, I have to significant than protecting children effect on the rather alarming increase state my honest beliefs about them. against vaccine-preventable diseases. in the number of children who are diag- This provision is not one of our finer Yet as we meet today, we are strug- nosed with autism and the related moments in the bill. gling with a vaccine shortage which problems associated with the autistic In conclusion, I think we have come clearly we need to deal with as soon as condition, but we know it is a problem. a long way since the Governmental Af- possible. It is a very important, sen- Now all of a sudden, we are taking one fairs Committee, under Senator LIE- sitive issue. provision out of all of the hard work BERMAN’s leadership, first considered We have bipartisan consensus around that Senator FRIST and others have legislation to create a Department of what we should do. Yet we could not done to deal in a comprehensive way Homeland Security back in June. I put it on the homeland security bill. with our vaccine issues of shortage, li- look forward to the Senate’s final con- We were not given an opportunity to ability, manufacturing standards, and sideration in the next few hours, days, try to deal with a real problem, name- everything else, plucking one thing the or whatever, of this compromise ly, the shortage of vaccines. We were pharmaceutical companies wanted out amendment that I have introduced on told it was an unsuitable vehicle. Yet and sticking it in homeland security. It behalf of Senators GRAMM, MILLER, and we find that others have not shown the is not surprising I guess after being myself. I do not believe we will nec- same degree of respect for our Nation’s here now for nearly 2 years. It is still essarily get everything right the first security and have added all kinds of stunning that in the midst of a debate time around. But it is important that unrelated provisions. about how to protect ourselves, by we come to agreement as soon as pos- I specifically want to focus on the George, we are going to protect our sible. I think this bill does that and, vaccine liability provision. By exclud- pharmaceutical companies from what for that, I am happy. ing our vaccine supply proposal, they may or may not be fair questions about Thank you, Mr. President. I yield the cannot even argue with a straight face liability. floor. that these provisions are needed to pro- Now we will never know because it The PRESIDING OFFICER. The Sen- tect our children and protect their ac- was those parents of children who had ator from New York is recognized. cess to required vaccines. developed autism who were bringing Mrs. CLINTON. Mr. President, I come The few one-sided provisions that the lawsuits to get to the information to the floor in support of Senator LIE- have been snuck into this bill not only to figure out what was going on with BERMAN’s amendment to strike the pro- fail to protect or advance homeland se- this compound. Now they will be fore- visions in the homeland security pack- curity, they even fail to adequately closed from pursuing their lawsuits.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11023 They will be told: Sorry, whatever re- threats—firefighters and law enforce- fighters save lives and are the linchpin to an search and work you have done to ment. effective terrorism response. Fire fighter come up with some answers—and these Mrs. CLINTON. Will the Senator staffing must be part of the homeland secu- parents deserve these answers—apply from Connecticut yield for a question? rity bill. to the vaccine liability fund and we Mr. DODD. I will be happy to yield. It has been stricken. It is no longer a will take care of you, but we are not Mrs. CLINTON. I am well aware of part of this bill at all. The Federal Law going to go any further; we are not the Senator’s longtime support for fire- Enforcement Officers Association ef- going to try to find out what really is fighters and the work he has done forts are also not reflected in this bill at the root of this increase in autism. throughout his career to make sure our now. They have been trying to get It is a very sad commentary that this firefighters have the resources they some help and support and that is not is where we have come with this de- need. in here. bate. As I listened to my colleague Isn’t it ironic that we stand here de- I ask unanimous consent that the from Connecticut, whose idea it was to bating a homeland security bill which correspondence from the International have the Homeland Security Depart- has no money for first responders, and Association of Fire Fighters, the Inter- ment, whose legislation he masterfully the only money that was in there they national Association of Fire Chiefs, maneuvered through the Governmental have now taken out? There is not a sin- and the Federal Law Enforcement Offi- Affairs Committee, against the opposi- gle penny that is going to the fire- cers Association be printed in the fighters, the police officers, the emer- tion of the administration, list all of RECORD so our colleagues can have the gency responders on the ground, and these extraneous untested provisions benefit of reading what these national we are going to leave with a continuing that have been stuck into this bill at and international organizations are resolution that also has no additional the last minute is disheartening be- calling for. resources. There being no objection, the mate- cause there has been no one who has Since September 11 of last year, with believed more strongly in homeland se- rial was ordered to be printed in the our firefighters and police officers hav- RECORD, as follows: curity and the need to get our Federal ing faced many more challenges, is it Government smarter and quicker and INTERNATIONAL ASSOCIATION OF not the Senator’s understanding they FIRE FIGHTERS, more flexible than Senator LIEBERMAN. have not received additional resources? Washington, DC, November 14, 2002. I urge my colleagues to support the Mr. DODD. My colleague is abso- Hon. CHRISTOPHER DODD, Lieberman amendment to strike unre- lutely correct. In fact, one of the U.S. Senate, lated provisions. If what we are con- things we find—I am sure the Presiding Washington, DC. DEAR SENATOR DODD: On behalf of the more cerned about is homeland security, if Officer has had the same experience— what the administration and the Presi- than 250,000 professional fire fighters who are are simple things such as members of the International Association of dent have been talking about during interconnectivity so that firefighters this past election season about pro- fire Fighters, I want to express our deep can talk to police departments. One of gratitude for your leadership and effort in tecting our homeland is absolutely the problems we discovered in New amending the homeland security bill to pro- what we are supposed to be doing, then York, the State that our distinguished vide for fire fighter staffing. let’s do that job. Let’s do the job that colleague so ably represents, in the Your fire fighter staffing amendment ex- needs to be done on homeland security wake of 9/11 in New York City, was that pands upon the FIRE Act Grant Program to without undermining other important allow for the hiring of thousands of new ad- the firefighters could not speak to each ditional career fire fighters. Currently, inad- issues that should go through the legis- other—incompatibility of systems. lative process to reach the kind of bi- equate staffing is the major crisis facing the They have been asking for some Fed- fire service. Two-thirds of all fire depart- partisan resolution they deserve. eral help so police departments could ments currently do not have enough fire I thank the Chair. talk to fire departments, could talk to fighters to meet industry standards for safe The PRESIDING OFFICER. The Sen- emergency medical services and get fire ground operation. This exposes fire ator from Connecticut is recognized. fighters to increased hazards when they re- Mr. DODD. Mr. President, before my some help in doing so. That was one of the provisions we wanted. That has spond to emergencies. Your amendment ad- colleague from New York leaves the dresses this major firefighting hazard. floor, I wish to join with her in this been included in this bill. As fire fighters in New York and Wash- It is incredible that we are faced with call for support of the striking amend- ington demonstrated on September 11, fire provisions in this bill to protect—and I ment. I am going to try to offer a cou- fighters save lives and are the lynchpin to an say this as someone who represents ple of amendments—I do not know effective terrorism response. fire fighter many of them—the pharmaceutical staffing must be part of the homeland secu- what kind of success I am going to companies that have objected to the rity bill. have—to put some provisions back into idea of having to face a potential li- Again, thank you for your time and leader- the homeland security legislation deal- ability as a result of efforts to protect ship on this important issue. ing with the professional firefighters, Sincerely, children from dreadful health prob- as well as some law enforcement offi- HAROLD A. SCHAITBERGER, lems. Yet the bill excludes language cials. General President. that would do exactly what the Sen- I have letters I will read into the ator from New York has described, and INTERNATIONAL ASSOCIATION OF RECORD shortly from the International that is to see to it we have additional FIRE CHIEFS, Association of Firefighters and from new firefighters on the ground. We Fairfax, VA, November 14, 2002. Federal Law Enforcement Officers As- have asked for it. Hon. CHRISTOPHER J. DODD, sociations urging in the strongest Reading from a letter from the Inter- U.S. Senate, words possible that these amendments national Association of Fire Fighters, Washington, DC. DEAR SENATOR DODD: The International be included as part of the homeland se- they state: curity bill. Association of Fire Chiefs (IAFC) strongly The point my colleague from New On behalf of the 250,000 professional fire supports your amendment to Department of fighters who are members of the Inter- York has made, the great irony she has Homeland Security bill (HR 5005) which national Association of Fire Fighters, I want would create a federal grant program to as- pointed out is that we now have provi- to express our deep gratitude— sist local governments in hiring career fire sions in the bill that have nothing to And I apologize we are not going to service personnel. do with homeland security. They are a be able to fulfill their sense of grati- As you well know, our nation’s first re- backdoor effort to undermine legisla- tude. sponders have been historically short-handed on the front line in responding to fire and tion being developed in a bipartisan for your leadership and effort in amending fashion. We had cooperation. life safety emergencies within our commu- the homeland security bill to provide for fire nities, as well as to emergencies involving We are now being told in this bill fighter staffing. Your fire fighter staffing that we are going to undo efforts made the nation’s critical infrastructure. Response amendment expands upon the FIRE Act to fires, medical emergencies, specialized dealing with children’s safety and chil- Grant program . . . rescue, releases of hazardous materials, and dren’s health and exclude the very pro- And then it goes on to say: now threats and acts of terrorism have visions that are asked for by the first As fire fighters in New York and Wash- placed significant stresses on our limited responders to homeland security ington demonstrated on September 11, fire personnel. The need for additional training,

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11024 CONGRESSIONAL RECORD — SENATE November 14, 2002 staffing and equipment has increased dra- ing amendment so I may offer two ‘‘(3) SUPPLEMENTAL APPROPRIATION.—In ad- matically over the last several years as the amendments en bloc. dition to the authorization provided in para- nation’s first responders have accepted these Mr. THOMPSON. I would have to ob- graph (1), there are authorized to be appro- additional critical response roles. ject. priated $1,000,000,000 for each of fiscal years The federal government stepped forward in The PRESIDING OFFICER. The ob- 2003 and 2004 for the purpose of providing per- 2000, recognizing that the fire service’s ex- jection is heard. sonnel grants described in subsection (c). panded role needed support beyond that Mr. THOMPSON. I suggest the ab- Such sums may be provided solely for the which most communities were capable of purpose of hiring employees engaged in fire providing. The Firefighter Investment and sence of a quorum. protection (as defined in section 3 of the Fair Response Enhancement (FIRE) Act provided The PRESIDING OFFICER. The Labor Standards Act (29 U.S.C. 203)), and much needed funding to purchase basic clerk will call the roll. shall not be subject to the provisions of para- equipment and safety programs for commu- The assistant legislative clerk pro- graphs (10) or (11) of subsection (b).’’. nities unable to afford them. ceeded to call the roll. But, our most critical resource is people. Mr. DODD. Mr. President, I ask unan- Mr. DODD. Mr. President, I thank my National studies have shown that a crew of imous consent that the order for the colleague from Tennessee. four (4) on a responding apparatus is the quorum call be rescinded. I wanted to offer two amendments in most efficient crew when attacking a struc- The PRESIDING OFFICER. Without one slot. I thought creatively of having ture fire. The same studies showed that objection, it is so ordered. there was not only a higher level of effi- one amendment en bloc, but that was AMENDMENT NO. 4951 TO AMENDMENT NO. 4902 ciency in carrying out the department’s mis- not acceptable, so I made a choice on sion, but a higher margin of safety for the Mr. DODD. Mr. President, I will send the two amendments, both of which are to the desk an amendment in the sec- public and emergency response personnel. very important. I will explain both of ond degree. This does not strike any However, there are few communities capable them. The one pending deals with the provisions of the underlying amend- of providing that level of staffing. National firefighters and the tremendous need statistics show that sixty percent (60%) of ment. fire departments operate at emergency The PRESIDING OFFICER. The that exists to expand the workforce of scenes with inadequate staffing. In addition, clerk will report. first responders. I don’t care which many of our members also serve in our na- The assistant legislative clerk read State you go to, when you talk of re- tion’s armed forces as reservists and na- as follows: sponding to terrorism, those called tional guardsmen and women. When they are The Senator from Connecticut [Mr. DODD] upon first to respond are State police, called to duty in defense of our country they proposes an amendment No. 4951 to amend- local police, firefighters, emergency are no longer available to serve their comment No. 4902. medical service providers. munities in the fire department. This places an additional strain on our already limited Mr. DODD. I ask unanimous consent That point hardly needs to be made. human resources. reading of the amendment be dis- Those who watched the scenes of 9/11, The LAFC greatly appreciate your leader- pensed. know who were the first responders to ship on this issue. The PRESIDING OFFICER. Without the World Trade Center and the first Very truly yours, objection, it is so ordered. responders to the Pentagon. It is iron- GARRY L. BRIESE, CAE, The amendment is as follows: Executive Director. ic, as we consider this homeland secu- (Purpose: To provide for workforce rity legislation, the provisions struck enhancement grants to fire departments) by the other body as they sent the bill FEDERAL LAW ENFORCEMENT At the end insert the following: OFFICERS ASSOCIATION, SEC. . GRANTS FOR FIREFIGHTING PERSONNEL. over were the provisions for assistance Washington, DC, November 14, 2002. Section 33 of the Federal Fire Prevention to the local first responders in the Hon. CHRISTOPHER J. DODD, and Control Act of 1974 (15 U.S.C. 2229) is case, God forbid, of a terrorist attack. U.S. Senate, amended— Washington, DC. I wanted to include an amendment to (1) by redesignating subsections (c), (d), DEAR SENATOR DODD: On behalf of the and (e) as subsections (d), (e), and (f), respec- amend the Law Enforcement Pay Re- 20,000 federal agents who are members of the tively; form Act of 1990 to adjust the percent- Federal Law Enforcement Officers Associa- (2) by inserting after subsection (b) the fol- age differentials payable to Federal tion (FLEOA), we respectfully request that lowing: law enforcement officers in certain SA 4839 be attached to the pending legisla- ‘‘(c) PERSONNEL GRANTS.— tion creating a Department of Homeland Se- high-cost areas. The Presiding Officer ‘‘(1) DURATION.—In awarding grants for hir- curity. As you know, SA 4839 is an extension is sensitive to this question, as we rep- ing firefighting personnel in accordance with resent neighboring States. There, we of S. 2770 introduced by you in May 2002 with subsection (b)(3)(A), the Director shall award bi-partisan support. FLEOA believes this is grants extending over a 3-year period. are losing people from our Federal law an urgently needed solution to the grievous ‘‘(2) MAXIMUM AMOUNT.—The total amount enforcement agencies because of the problems existing in the federal agent pay of grants awarded under this subsection shall pay differentials. It is impossible to structure. not exceed $100,000 per firefighter, indexed meet the costs of living in certain FLEOA is a non-partisan professional asso- for inflation, over the 3-year grant period. ciation representing federal agents from the areas of the country. I will make an- ‘‘(3) FEDERAL SHARE.— agencies listed on the left masthead. We are other effort before this bill is com- ‘‘(A) IN GENERAL.—A grant under this sub- pleted to see if we can consider that on the front line of fighting terrorism and section shall not exceed 75 percent of the crime across the United States and abroad. total salary and benefits cost for additional critically important amendment to the The current pay structure for federal law en- firefighters hired. homeland security effort. forcement does not enable us to recruit the ‘‘(B) WAIVER.—The Director may waive the For purposes of this debate, the only best and brightest to our ranks and retain 25 percent non-Federal match under subpara- senior agents in high cost of living areas. SA amendment that will be under consid- graph (A) for a jurisdiction of 50,000 or fewer eration is the amendment dealing with 4839 is the first step to rectifying this tre- residents or in cases of extreme hardship. mendous problem. SA 4839 only amends the ‘‘(4) APPLICATION.—An application for a firefighters. Both of these amendments locality pay for federal agents that were grant under this subsection, shall— fix glaring omissions in the pending specified in Public Law 101–509. This proposal ‘‘(A) meet the requirements under sub- substitute. The amendment I am offer- is supported by the Fraternal Order of Police section (b)(5); ing on behalf of the firefighters pro- (FOP), National Association of Police Orga- ‘‘(B) include an explanation for the appli- vides Federal assistance to local fire nizations (NAPO), National Troopers Coali- cant’s need for Federal assistance; and tion (NTC), International Brotherhood of Po- departments to hire 75,000 new fire- ‘‘(C) contain specific plans for obtaining fighters to address new homeland secu- lice Organization (IBPO), and the Police Ex- necessary support to retain the position fol- ecutives’ Research Forum. lowing the conclusion of Federal support. rity needs. Again, FLEOA respectfully requests that ‘‘(5) MAINTENANCE OF EFFORT.—Grants SA 4839 be attached to the legislation cre- Senator JOHN WARNER, my friend and awarded under this subsection shall only be ating the Department of Homeland Security. colleague from Virginia, and I recog- used to pay the salaries and benefits of addi- We thank you for your leadership on this nized the problem of firefighter under- tional firefighting personnel, and shall not issue. staffing shortly after September 11 and be used to supplant funding allocated for per- Sincerely, sonnel from State and local sources.’’; and we wrote legislation to help solve the RICHARD. J. GALLO. (3) in subsection (f) (as redesignated by problem. The amendment is based on Mr. DODD. I ask unanimous consent paragraph (1)), by adding at the end the fol- the bill Senator WARNER and I wrote. that we temporarily lay aside the pend- lowing: This amendment also builds on the

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11025 FIRE Act, which Senator DEWINE and I pent-up need that exists across the I regret I was not able to include the authored in 2000. With the support of country for additional equipment, and problem dealing with law enforcement, Senators WARNER and LEVIN the FIRE to provide additional personnel, addi- an amendment which has—I will not Act became law, and has provided some tional training, so firefighters can re- bother listing everyone here, I will in- $400 million to tens of thousands of spond. clude these names for the Record—a firefighters around the country. To- Most Americans today are aware, ob- broad-based constituency here of some day’s amendment is also nearly iden- viously, that the role of firefighters 30 Members of this Chamber who have tical to an amendment authored by and EMS services are vastly different supported this bill, S. 2770: Senator Senator CARNAHAN, which was accepted than even a few years ago. Today, fire- BAUCUS, Senator BIDEN, Senator by the Governmental Affairs Com- fighters are called upon to respond to SNOWE, Senator DEWINE, Senator DUR- mittee earlier this year. situations where highly toxic chemical BIN, Senator COLLINS, Senator CORZINE, One aspect of being prepared is to materials are involved. The degree of Senator SCHUMER, Senator MURRAY, have the men and women on the sophistication to be brought to the Senator WARNER—the list goes on here, ground who can put out the fires and trade of firefighters is so much more of our colleagues who have supported respond to the injuries and the trage- complicated than before, as the de- this law enforcement provision that I dies that may occur. Just as we call mands have increased dramatically. mentioned earlier about the great dis- upon the National Guard to meet the When we speak of volunteer depart- parity in pay. We are losing these peo- increased needs of more manpower in ments, for instance, we rely on the ple. the military, we must make a national good will and the spirit of vol- I am not allowed under the proce- commitment to hire additional fire- unteerism. In many of our rural and dures to offer that amendment now. I fighters necessary to protect the Amer- local communities, people volunteer to will try to find a chance to do it in the ican people on the homefront. The leg- serve. Yet today they are called upon next few days, at least to make an ef- islation we proposed would put 75,000 to respond to very complicated and fort to have it as part of this bill. new firefighters on America’s streets dangerous situations. Again, I have a very strong letter from over 7 years. There was an overwhelming degree of the law enforcement agents, asking for Since 1970, the number of firefighters support when Senator WARNER and some assistance here. as a percentage of the U.S. workforce Senator LEVIN took the bill that Sen- I don’t know how you explain to peo- has steadily declined. Today in the ator DEWINE, myself, and others fash- ple what we are doing in homeland se- United States there is only one fire- ioned and included as part of the De- curity as law enforcement and firefighter for every 280 citizens. We have fense authorization bill. Then, of fighters here are basically going to be fewer firefighters per capita than course, the appropriations were forth- left out of this bill. I regret that is the nurses and police officers, and we need coming and the demand was evident. case. to turn this around now more than After 9/11, the demand increased dra- I am faced now with this particular ever. Understaffing is such a problem matically as a result of the new threats second-degree amendment, and we will that according to the International As- of terrorism. see what happens over the next day or sociation of Fire Fighters, nearly two I am deeply troubled and saddened so and whether or not we can actually thirds of all fire departments cannot that we are talking about homeland se- get a vote on it, but I wanted to take meet minimum safety standards. OSHA curity and yet there is nothing in this a few minutes to explain my concerns standards require that for every team bill, nothing, that provides one red about it. Earlier this year, of course, we had of two firefighters in a burning struc- penny to hire first responders of ter- adopted funding for the FIRE Act as a ture, another team of two be stationed rorist attacks. How ludicrous is that? separate appropriation. It was not ve- outside to assist men in the event of We are talking about a homeland secu- toed, but it was tantamount to a veto. collapse. Sadly, too many men and rity bill and we have nothing in here to It was what we call sequestered by the women are lost because there is no sec- go to local police, fire, and EMS serv- President. He took those moneys and ond team outside the unstable build- ices, and we will call this a homeland basically said I am not going to sign security bill. The great irony, as our ings. We saw this in Worcester, Massa- this into law. So the grant money for colleague from New York pointed out, chusetts a few years ago. communities in Rhode Island and New I will not go down all of the provi- is there are provisions in this bill to Jersey and Michigan—all across the sions that emphasize the importance of protect the pharmaceutical industries country—who were looking for us to be having the additional personnel on the from lawsuits where vaccines are de- a partner in getting better prepared to ground. I mentioned earlier we had a veloped for kids. How do you explain deal with the threats of terrorism, I am letter from the International Associa- that to the American public? We sneak sorry to tell you, are not included in tion of Fire Fighters, and that letter is provisions in this bill to protect cor- here. I don’t know who you are includ- ECORD, along with a printed in the R porate America, yet we will not pro- ing in homeland security, but you are letter from the International Associa- vide money to those who are called not part of the deal. Apparently the tion of Fire Chiefs. So this is a case upon to respond, God forbid, if another pharmaceutical industry is, but we are where you have both labor and man- terrorist attack occurs. How do you ex- not. We will try our best in the next agement making the same request as plain that to the American public? few days to rectify this, but under the Under these procedures we are deal- we consider this homeland security leg- rules and procedures I don’t think it is ing with—and it gets confusing even islation. going to happen, I am sad to report. I do not want to belabor the point. I for those who have been here a while Maybe we can try in the next Congress. am struck by the fact we would drop with post cloture and other procedural But I am saddened we are passing a provisions which have been almost uni- roadblocks—I am probably not going to homeland security bill and firefighters versally supported in this Chamber get a vote on this amendment dealing and law enforcement officials are not even prior to 9/11, the need for addi- with the firefighters. I probably should going to be a part of this effort, at tional personnel on the ground to pro- not waste the time to bring it up, but least as far as these amendments are vide assistance to local communities people ought to know that while people concerned. through grant applications. To give an go around and beat their chest about I yield the floor. idea of the pent-up need, when we homeland security in this bill, you The PRESIDING OFFICER. The Sen- originally authored the FIRE Act should not be deluded by the name. The ator from Michigan. which was to provide grant moneys to name may sound pretty good, but un- Ms. STABENOW. Mr. President, first local departments, the 33,000 around derneath it are a lot of problems. There I thank the Senator from Connecticut the country, paid, volunteer, or com- are things that are in this bill that for his eloquent remarks. I could not bination departments, there was $100 have nothing to do with homeland se- agree with him more. million put into the budget to provide curity, and there are things that When we look at this bill, a bill that grants to local communities. In excess should be in here that are not. These I fully want to support—I support set- of $3 billion in applications in the first firefighters need our help and support ting up a Department of Homeland Se- year came to FEMA because of the and backing. curity and the goals involved, and have

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11026 CONGRESSIONAL RECORD — SENATE November 14, 2002 supported moving this forward. But as provision in the homeland security bill I would say given the inability of peo- we look at the details of what has been that will virtually exempt from liabil- ple to receive medicines, I find that given to us from the House, it is unbe- ity a company that is making a prod- kind of salary and others across the in- lievable. When we look at first respond- uct over which there is great concern dustry disturbing. ers, people in Michigan on the front as it relates to the safety of children. But what I am particularly con- Thimerosal, which is manufactured lines on the ground—not only police cerned about is that a company which by Eli Lilly and Company, is the sub- and firefighters and EMS but our Bor- is so successful, an industry that is the ject of several class action lawsuits der Patrol who are working double most successful in the country, and based on increasing research con- time and triple time, and those from highly subsidized by taxpayers, would necting this preservative, which con- local law enforcement who have been now be in a situation to protect them- tains mercury, to the rising incidence assigned—we have been trying to pro- selves from liability, and to jeopardize of autism in children. Just this week- vide some reimbursement for their families and children who are asking end the New York Times ran a very overtime and the costs to local units of that their case be heard about poten- government. It is amazing to me that comprehensive six-page story about the growing body of evidence connecting tial threats of mercury placed into vac- in the name of homeland security we cines and the possible connections to have a bill in front of us that does not thimerosal with autism and other de- autism. include many things that are critical velopmental disorders in children. to our security in this country but that While the research is far from conclu- The protection in this bill is included includes items, frankly, that are out- sive, is this narrowly written special for an industry that gets a higher re- rageous special interest items that are interest provision, unrelated to home- turn on its revenue than any other in- being stuck in the bill, hoping we will land security, the way to respond to dustry in this country, or in the world. not notice. concerns that relate to this issue and If we are looking at protection, cer- We all are concerned about homeland concerns about mercury as it relates to tainly we ought not to be adding an- security and want to move forward to- vaccines and additives and the whole other subsidy to an industry that is so gether to put together the strongest question of autism in children and heavily subsidized by all of us now— safety and security for our citizens. I what contributes to it? Is this the way highly subsidized. And, yet, most peo- want to speak to one of those today to do that? ple, many people in this country can- that colleagues have already spoken to Don’t children and their families not afford the product they make. that is a provision, unfortunately, in merit the full protection under the law I support the Lieberman amendment this bill, that protects the financial se- and due process to be able to sort to strike this provision. This provision curity of the pharmaceutical industry, through some very serious issues and does not belong in the homeland secu- not the homeland security of the peo- to allow the courts to work their will, rity bill. This provision should go looking at the evidence? The provision ple of America. This provision I find through the process of hearings so both in this homeland security bill, brought absolutely outrageous and I intend to sides can be heard. We also have a to us from the House of Representa- support the Lieberman amendment to court process going on that we need to tives, would severely limit parents’ withdraw this from the bill. respect and allow to continue. The homeland security bill contains ability to get justice for their children. a provision that will expand the liabil- How is that homeland security? I am hopeful my colleagues will join ity protections that currently exist for The provisions include vaccine com- with us to exempt this provision from vaccines to include other components ponents in the National Vaccine Injury the bill so we can in fact focus on such as vaccine preservatives like thi- Compensation Program. It is a pro- homeland security, and not a very merosal. This was included in the bill gram in which awards are given and clear special interest provision put in with no debate, no committees. they are limited to funds available by an industry that already receives How many times have we heard on through a special trust fund so liability many special provisions. this floor as we were debating so many is limited. Instead, it is a no-fault sys- An issue as serious as potential mer- bills—I remember on prescription tem. That would now include vaccine cury poisoning of children certainly de- drugs—we heard over and over again components, which is a far broader def- serves serious deliberation and de- that we should not be adding impor- inition than vaccines. serves the full legislative process. tant provisions that would lower the In 1988, Congress enacted the Na- Let me say again that colleagues ear- prices of prescription drugs because, tional Vaccine Injury Compensation lier this year on the Medicare prescrip- colleagues on the other side of the aisle Program as a no-fault alternative to tion drug bill—on our generic bill as were saying, we had not gone through the tort system for resolving claims re- well as on many other bills—have come the regular legislative process. We had sulting from adverse reactions to man- to the floor from the other side of the not had hearings. There had not been dated childhood vaccines. This Federal aisle expressing concern about issues votes in committees. no-fault system is designed to com- Yet now, in the 11th hour of the ses- pensate individuals or families of indi- that had not gone through committee. sion of this Congress, we see a provi- viduals who have been injured by child- If this is a serious issue—and I believe sion added that nobody has looked at hood vaccinations, whether adminis- it is a very serious issue—doesn’t it other than a few people, I would argue, tered in the public or private sector. merit that same high standard? Sub- operating on behalf of one of literally Damages are awarded out of a trust sidizing Eli Lilly and taking away the the strongest special interests in this fund that is financed by excise taxes of ability of families to recover from li- country today. 75 cents per dose imposed on each vac- ability because of potential mercury There are six drug company lobbyists cine covered under the program. poisoning of their children does not be- for every one Member of the Senate. This bill seems to be protecting the long in this homeland security bill. I They certainly have earned their pay financial interests of a company, Eli find it shameful that it was put in. on this bill. Lilly, rather than the taxpayers who I hope my colleagues on both sides of When we look at this particular pro- will now see, through this fund, a the aisle will join with us to remove vision and we look at the fact that we greater subsidy, and families and chil- this provision. have an industry that has stopped a dren across this country. Thank you, Mr. President. bill that we sent to the House, S. 812, What I find particularly disturbing is that was a bipartisan bill to create we are looking at a company whose The PRESIDING OFFICER. The Sen- more competition for the industry CEO is in the top five for compensation ator from West Virginia. through generics, opening the border to with $4.3 million in compensation last Mr. BYRD. Mr. President, may I say Canada, giving States the ability to ne- year and unexercised stock options val- to the distinguished Senator from gotiate on behalf of the uninsured, a ued at $46 million in the year 2001. A Michigan, Senator STABENOW, that I bill that would lower prescription 2001 study of the top 50 drugs marketed have listened to what she has said. I prices today, immediately when to seniors shows that Eli Lilly and am not surprised by what she has indi- passed—they are successful in killing Company posted $115 billion in revenue. cated that she has found in this res- that bill that passed last July in the I do not in any way object to successful ervation. I think it supports my view- Senate. Yet they are able to place a business, although I guess in this case point; namely, that we ought not vote

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11027 on cloture tomorrow on this bill—clo- cial interest provisions are put in this are already out there now. And to- ture at some point, undoubtedly. But I bill which are outrageous and should night, at midnight, when you and I are hope we don’t vote for it tomorrow. not have the light of day. I think it is in our beds and on our pillows, they This bill needs further scrutiny. It our responsibility to shine the light of will be out there. needs a microscope upon it. We need to day on those provisions. We are not waiting until this bill study it. We need to know what is in I thank the Senator from West Vir- passes for them to be out there. They this bill which has suddenly been foist- ginia. I appreciate his good work. have been out there for weeks and ed upon us within the last 48 hours—a Mr. BYRD. Mr. President, I thank months. They have been doing a good new bill. the distinguished Senator. She has per- job with what they have had placed in There are those who maintain we formed a tremendous service. I con- their hands by way of resources that have been on this subject matter for 5, gratulate her, and I again thank her. they could use. 6, or 8 weeks, or more. That is one Mr. President, we hear this is a com- We saw the FBI arrest the persons in thing. But we haven’t been on this bill. promise bill. It is a compromise, all the cell in New York. The FBI was on This is a new bill. Senator STABENOW is right. It is a compromise in many the job. The FBI did not wait for this talking about provisions that are in ways. It is a compromise of our civil legislation to pass this Senate or the this bill that haven’t seen the light of liberties. It is a compromise of our sep- House and be sent down to the Presi- day before. These are new and dis- aration of powers. It is a compromise dent and signed. The FBI was on the turbing. And yet we are being asked on of our checks and balances. It is a com- job. tomorrow to apply cloture to shut off promise of workers’ rights. There are People are not going to be one whit debate so there can only be 30 hours re- many compromises in this bill. safer with the passage of this bill. They maining for debate on this bill. To express it as a compromise is a are going to feel a lot safer because we I hope Senators will listen to Senator term that is often used around here in are trying to make them believe they STABENOW. I hope they will not vote for the legislative halls. Legislation is the are going to be safer. We are trying to cloture tomorrow. We ought to do our art of compromise. We often com- make the American people believe that duty. Our duty is to stay on this bill promise on legislation. Compromise on with the passage of this bill—and the until the American people know what legislation is a series of compromises administration is complicit, absolutely is in it, and so we Senators know what among Republicans and Democrats, complicit in this. is in it. There are 484 pages in this bill and among committees. But, in this The President himself has been out which just came to light on yesterday. sense, this is a far different animal we there all throughout the land, espe- It is a new bill. There are some provi- have here. By passing this legislation, cially during the campaign, raising sions in it that have been in other bills we are all complicit in a giant hoax. money for campaign purposes for elect- that have been discussed in the Senate This is the worst kind of game playing ing their candidates, and all the while earlier in the fall and in the summer. possible in trying to foist this Depart- they have been with a nice backdrop of But there are many provisions in this ment onto the American people as a American Marines or soldiers or air- bill that are absolutely new. We really substitute for real action on homeland men, or whatever, but a patriotic back- do not know what else is in the bill. security. drop, trying to make the American Things are being discovered as we go This Congress and this administra- people believe that with the passage of along. But who knows what else is in tion are both being irresponsible. In- this—if the Congress would only pass the bill? stead of providing the American people this homeland security bill, they, the I compliment the distinguished Sen- with real security, we are offering people out there in the plains, in the ator from Michigan, a Senator who is them a placebo, a sugar pill that will mountains, in the valleys, on the prai- absolutely able and always dedicated, not protect them and will not make ries, will all be safer. They will not be always serving her constituents and them safer, not by even the slightest 10 cents safer, Mr. President. They the people of this country, who has a measurement. might be even less safe because in the fine mind, and who is a tremendous There will be an uncertain sound of next year, during which time these var- legislator. I have so much admiration the trumpet. And when I refer to the ious and sundry agencies are going to for her. I sit with her on the Budget ‘‘uncertain sound of the trumpet,’’ let be phased into this new Department of Committee. And what she has said with me refer more specifically to the Book Homeland Security, during that time respect to this particular bill I think of 1st Corinthians, the 14th chapter. there is going to be chaos in a lot of we should hear. We should listen to And I read from the 8th verse: these agencies. They will be moving her. I hope Senators will not vote for For if the trumpet give an uncertain phones, moving desks, moving chairs, cloture on tomorrow. sound, who shall prepare himself to the bat- trying to get accustomed to the new vi- Is there anything the distinguished tle? sions, the new objectives, and the peo- Senator wishes to add? Mr. President, Congress is about to ple themselves are going to be less se- Mr. President, I ask unanimous con- give an uncertain sound to the Amer- cure. sent to yield to the Senator without ican people. Based on what we shall all So we are offering the American peo- losing my right to the floor. too soon, I am afraid, pass as a home- ple a placebo, a sugar pill. It is a polit- The PRESIDING OFFICER. Without land security bill, they are going to ical pill. It will not make the people objection, it is so ordered. feel more secure. They will not be. safer. Ms. STABENOW. Mr. President, first They are going to feel that Congress We ought to be taking real action to of all, I thank the Senator for his kind has enacted legislation that will make protect lives now. Sadly, we are walk- words. Second, I simply say, as Senator their homes safer, make their schools ing away from that responsibility. I BYRD has said so many times on the safer, make their communities safer, only pray our irresponsibility does not floor, we need to look at details. We make them safer on the jobs. This leg- result in lost lives. need to know what is in this bill. It is islation will not make jobs or schools Now, this is not how the American a different bill that came back. I was or homes or communities one whit people expect this Congress to operate. deeply disturbed as I looked through it. safer, not one whit safer. When we were Members of the House of I want to support homeland security. I The same people who will be em- Representatives, or earlier than that, support developing a department. We ployed in implementing the homeland perhaps, or at some point, we have sent all share that. This is not a partisan security legislation to make the people out letters, we have sent out booklets, issue. We want to have maximum safe- safe are out there now, right this telling the young people in this county, security and ability, communicate minute. They are on the northern bor- try—we tell these young pages up it effectively and efficiently, and cre- der. They are on the southern border. here—how your laws are made. ate the kind of confidence people ex- They are in the ports of this country. I remember years ago, when I was in pect us to create in terms of the ability They are in the hospitals. They are in the House of Representatives, sending to respond and ideally prevent attacks. the fire departments. They are in the out a little booklet to the people in my But my fear is that under the name of law enforcement agencies. They are in then-congressional district of how our homeland security we are saying spe- the FBI. They are in Customs. They laws are made. It is a joke.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11028 CONGRESSIONAL RECORD — SENATE November 14, 2002 We tell our young people that, first bated, and they are agreed upon in hours. That is all, 30 hours; 100 Sen- of all, a bill is offered by a Member of both Houses. ators, 30 hours of debate. And this is the Senate or the House. That bill is Off goes the bill which is now an act. one of the most far-reaching pieces of referred to a committee. And at a cer- It goes by special messenger down to legislation I have seen in my 50 years. tain date, at a certain time, the chair- the President of the United States. It I will have been in Congress 50 years man of that committee will have his appears on his desk where he may sign come January 3. God help me to reach committee called together, and he will it or he may veto it. that date of January 3, 2003, the year of place the bill before the committee for So we all remember how those laws our Lord. In my 50 years here, that is its consideration. And the members on are made according to the script as the most far-reaching, certainly one of both sides of the tables in that par- prepared there in those handsome little the most far-reaching pieces of legisla- ticular committee which has jurisdic- booklets that we send out. tion that I have seen in my 50 years. I tion over that particular legislation That is how the American people ex- have been on this Hill longer than any- will debate it back and forth, and they pect this Congress to operate. That is body else in this Capitol on either side will offer amendments in the com- the way we are supposed to operate. of the aisle in either body. In both bod- mittee. They will talk about the bill. But the way this bill was brought in ies, I am the only person, 50 years. I They will have their staffs seated here, less than 48 hours ago, a have been here longer than all of you, around them. They will have good dis- brandnew bill. It had not been before staff people, Members, Members’ wives. cussions of this bill that has been in- any committee. It had undergone no Take it or leave it, ROBERT BYRD has troduced by the legislature. Then the hearings, not this bill. It is a bill on been here longer than anybody else— bill will be amended, perhaps, or, per- our desks that has 484 pages. There are the security personnel, any policemen, haps, in any event, it will finally be re- 484 pages in this bill. It has not been whatever you call it, pull them out ported by the committee to the Senate before any committee. There have been here, nobody, nobody in the House. or to the House for action. There it will no hearings on this bill. There have JOHN DINGELL, he is the dean of the be placed on the calendar. been no witnesses who were asked to House; I served with his father in the Sometimes these beautifully written appear to testify on behalf of the bill or House. pieces on how our laws are made are il- in opposition to it. It did not undergo Never have I seen such a monstrous lustrated by cartoons. We have all seen any such scrutiny. It was just placed piece of legislation sent to this body. those cartoons. We then see that the on the Senate Calendar. It was offered And we are being asked to vote on that bill is off to the Senate, and it is placed as an amendment here. And so here it 484 pages tomorrow. Our poor staffs upon the calendar. And at some point is before the Senate now. There it is. were up most of the night studying it. in time, the majority leader or a Mem- That is not the way in which our They know some of the things that are ber, according to those cartoons, will children are taught how we make our in there, but they don’t know all of call up the bill, and then will ensue a laws—not at all. The American people them. It is a sham and it is a shame. debate, a heated debate, Republicans expect us to provide our best judgment We are all complicit in going along on one side, Democrats on the other. and our best insight into such monu- with it. I read in the paper that nobody will And they will all work together. They mental decisions. This is a far, far cry have the courage to vote against it. will offer amendments again, and they from being our best. This is not our Well, ROBERT BYRD is going to vote will have a heated debate. They will best. As a matter of fact, it is a mere against it because I don’t know what I answer questions. The witnesses, which shadow of our best. Yet we are being am voting for. That is one thing. And first appeared in committees and testi- asked, as the elected representatives of No. 2, it has not had the scrutiny that fied on the bills, may then be seated in the American people, those of us who we tell our young people, that we tell the galleries listening to the debate as are sent here by our respective States these sweet pages here, boys and girls it goes forward in the Senate and in are being asked on tomorrow to invoke who come up here, we tell them our the House. cloture on these 484 pages. laws should have. After a while, then, after they If I had to go before the bar of judg- Listen, my friends: I am an old meat- ment tomorrow and were asked by the amend, after that bill is appropriately cutter. I used to make sausage. Let me eternal God what is in this bill, I could amended, it finally reaches a vote, and tell you, I never made sausage like this not answer God. If I were asked by the it is passed by that body. thing was made. You don’t know what Then, according to the booklet on people of West Virginia, Senator BYRD, is in it. At least I knew what was in the how our laws are made, that bill then what is in that bill, I could not answer. sausage. I don’t know what is in this goes to the other body. If it originated I could not tell the people of West Vir- bill. I am not going to vote for it when in the Senate, it goes to the House. If ginia what is in this bill. There are a I don’t know what is in it. it originated in the House, after going few things that I know are in it by vir- I trust that people tomorrow will through the workings of the commit- tue of the fact that I have had 48 hours, turn thumbs down on that motion to tees, and so forth, and the debate on sleeping time included, in which to invoke cloture. It is our duty. We the floor, after its passage, it is sent study this monstrosity, 484 pages. ought to demand that this piece of leg- over to the Senate. It goes through the If there ever were a monstrosity, this islation stay around here a while so we same procedure then in the other body, is it. I hold it in my hand, a mon- can study it, so our staffs can study it, where it is amended. And if there are strosity. I don’t know what is in it. I so we know what is in it, so we can differences in the House bill and the know a few things that are in it, and a have an opportunity to amend it where Senate bill, the bill is sent to a con- few things that I know are in it that I it needs amending. ference made up of Members of the two don’t think the American people would Several Senators have indicated, bodies, and the areas that are not in approve of if they knew what was in Senator LIEBERMAN among them, that agreement will be worked on in the there. Even Senator LIEBERMAN, who is there are areas in here that ought to be conference between the representatives chairman of the committee which has amended. of the two legislative bodies. Agree- jurisdiction over this subject matter, What the people of the United States ment will finally be reached as to even he saw new provisions in this leg- really care about is their security. every difference that was to be found islation as he looked through it yester- That is what we are talking about. between the two bodies. So all those day and today. As his staff looked We don’t know when another tragic differences will be resolved. through it, they saw provisions they event is going to be visited upon this Then the conference report will be had not seen before, that they had not country. It can be this evening, it can brought back to the House and brought discussed before, that had not been be- be tomorrow, or whatever. But this leg- back to the Senate and brought up at fore their committee before. islation is not going to be worth a con- the appropriate time by the managers Yet we are being asked on tomorrow tinental dime if it happens tonight, to- of the legislation on whatever com- to invoke cloture on that which means morrow, a month from tomorrow; it is mittee had jurisdiction over the legis- we are not going to debate in the nor- not going to be worth a dime. There lation, and then conference reports are mal course of things. We are going to are people out there working now to se- brought up. Conference reports are de- have 30 hours of debate. That is it, 30 cure this country and the people. They

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 14, 2002 CONGRESSIONAL RECORD — SENATE S11029 are the same people who are already on cluding the distinguished Senator who If the Homeland Security Act is not the payroll. They are doing their duty presides over the Chamber at this mo- amended before passage, here is what will right now to secure this country. ment, the Senator from Rhode Island, happen to you: Every purchase you make— This is a hoax. This is a hoax. To tell Mr. REED, tried to provide funds to pro- the American people they are going to grams to hire more FBI agents, to hire Hear me now— be safer when we pass this is to hoax. more border patrol agents, to equip and Every purchase you make with a credit We ought to tell the people the truth. card, every magazine subscription you buy train our first responders, to improve and medical prescription you fill, every Web They are not going to be any safer with security at our nuclear powerplants, to site you visit and e-mail you send or receive, that. That is not the truth. I was one of improve bomb detection at our air- every academic grade you receive, every the first in the Senate to say we need ports. That committee of 29 Senators— bank deposit you make, every trip you book a new Department of Homeland Secu- 15 Democrats and 14 Republicans— and every event you attend—all these trans- rity. I meant that. But I didn’t mean voted to provide the funds for these actions and communications will go into this particular hoax that this adminis- homeland security needs. Those funds what the Defense Department describes as ‘‘a tration is trying to pander off to the virtual, centralized grand database.’’ have been in bills that have been out To this computerized dossier on your pri- American people, telling them this is there for 4 months. This administra- vate life from commercial sources, add every homeland security. That is not home- tion, right down here at the other end piece of information that government has land security. of the avenue, has had its leaders over about you—passport application, driver’s li- Mr. President, the Attorney General in the Republican-controlled House sit- cense and bridge toll records, judicial and di- and Director of Homeland Security ting on those bills. The chairman in vorce records, complaints from nosy neigh- have told Americans repeatedly there the Appropriations Committee in the bors to the F.B.I., your lifetime paper trail is an imminent risk of another ter- House saw the need for these bills. He plus the latest hidden camera surveillance— and you have the supersnoop’s dream: a rorist attack. Just within the past day, tried to get the leadership in the House or few hours, the FBI has put hospitals ‘‘Total Information Awareness’ about every to take the cuffs off his hands and U.S. citizen. in the Washington area, Houston, San wrists and let him go forward with Every U.S. citizen, and that is you, Francisco, and Chicago on notice of a these appropriations bills. The answer possible terrorist threat. This bill does that is you, that is you, that is you, was no. So the money has been there. that is you. nothing—not a thing—to make our All that needed to be done, all we need- citizens more secure today or tomor- This is not some far-out Orwellian sce- ed in order to release those funds—I nario. It is what will happen to your personal row. This bill does not even go into ef- can remember in one bill we had $2.5 freedom in the next few weeks if John fect for up to 12 months. It will be 12 billion in homeland security funds. All Poindexter gets the unprecedented power he months before this goes into effect. the President had to do was sign his seeks. The bill just moves around on an orga- name to the effect that this was an Remember Poindexter? Brilliant man, first nizational chart. That is what it does— emergency. That money would have in his class at the Naval Academy, later moves around on an organizational flowed; it would have been out there earned a doctorate in physics, rose to national security adviser under President Ron- chart. now—not next week, not next year, but Mr. President, do you really believe ald Reagan. He had this brilliant idea of se- now it would have been out there. cretly selling missiles to Iran to pay ransom Osama bin Laden cares whether the as- Various people at the local level—the for hostages, and with the illicit proceeds to sociate commissioner for border en- firemen, the policemen, people on the illegally support Contras in Nicaragua. forcement will have his title changed borders, border patrol, people in the A jury convicted Poindexter in 1990 on five to the Assistant Secretary of the Bu- ports, securing the ports, people at the felony counts of misleading Congress and reau of Border Security? Will that making false statements, but an appeals airports that help the emergency per- court overturned the verdict because Con- make any difference to Osama bin sonnel—all of these people would have Laden? Do you think the al-Qaida orga- gress had given him immunity for his testi- had the advantage of that money flow- mony. He famously asserted, ‘‘The buck nization cares one whit whether that ing immediately for homeland secu- stops here,’’ arguing that the White House Assistant Secretary works for the rity. staff, and not the president, was responsible Commissioner of the Immigration and But the President said no—no, he for fateful decisions that might prove embar- Naturalization Service or for the new would not sign it. President Bush is the rassing. This ring-knocking master of deceit is Under Secretary for Border and Trans- man I am talking about. He would not portation Security? No. Osama bin back again with a plan even more scandalous sign that as an emergency. These mon- than Iran-Contra. He heads the ‘‘Information Laden doesn’t give a whit what his eys have been reported by a unanimous title is going to be. The al-Qaida Awareness Office’’ in the otherwise excellent Appropriations Committee. But this Defense Advanced Research Projects Agency, doesn’t care about that. They are tick- administration said no. So that is what which spawned the Internet and stealth air- led to sit back and watch us be fooled happened. These are actions that would craft technology. Poindexter is now realizing into complacency by virtue of our pass- make America more secure today. Did his 20-year dream: getting the ‘‘data-mining’’ ing this piece of trash. the President help us to approve these power to snoop on every public and private That is not to say there are not some act of every American. funds? No. Instead, the President parts of the bill that are good. This Even the hastily passed U.S.A. Patriot Act, forced us—forced us—to reduce home- whole thing is being rushed through, which widened the scope of the Foreign In- land security funding by $8.9 billion, and we are all being pressured to pass telligence Surveillance Act and weakened 15 and he delayed another $5 billion. privacy laws, raised requirements for the it, vote for cloture. Let’s get out of government to report secret eavesdropping here. We have to go home, let’s go. This is shameful; this is cynical; this is being irresponsible. It is unfair to to Congress and the courts. But Poindexter’s Let’s get this thing out of the way. assault on individual privacy rides rough- the American people. And then to tell What Osama bin Laden would care shod over such oversight. about is whether there are more secu- them Congress ought to pass that He is determined to break down the wall rity guards, better detection equip- homeland security bill—that is passing between commercial snooping and secret ment at our ports and airports. What the buck. government intrusion. The disgraced admi- Mr. President, I call attention to a ral dismisses such necessary differentiation Osama bin Laden would care about is as bureaucratic ‘‘stovepiping.’’ And he has whether we have enough border patrol column in the New York Times. This is entitled ‘‘You Are A Suspect.’’ It is by been given a $200 million budget to create agents to capture his terrorists as they computer dossiers on 300 million Americans. try to enter this country. What Osama William Safire. I will read it: When George W. Bush was running for bin Laden would care about is whether If the homeland security act is not amend- president, he stood foursquare in defense of we have sufficient security at our nu- ed before passage, here is what will happen each person’s medical, financial and commu- clear powerplants to deter his efforts to you: nications privacy. But Poindexter, whose Listen, Senators. This is what Wil- contempt for the restraints of oversight drew to steal nuclear material or blow up a the Reagan administration into its most se- nuclear facility. liam Safire is saying in the New York rious blunder, is still operating on the pre- The Senate Appropriations Com- Times of November 14, 2002. That is sumption that on such a sweeping theft of mittee, on which Senator STEVENS and today. This is what the New York privacy rights, the buck ends with him and I sit, along with 27 other Senators, in- Times is saying to you, to me, to us: not with the president.

VerDate Mar 15 2010 20:35 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S14NO2.REC S14NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11030 CONGRESSIONAL RECORD — SENATE November 14, 2002 This time, however, he has been seizing border security personnel. That is The PRESIDING OFFICER (Mr. DAY- power in the open. In the past week John money to purchase equipment at our TON). The Senator will suspend. Sen- Markoff of The Times, followed by Robert seaports and airports to inspect pack- ators will kindly take their conversa- O’Harrow of The Washington Post, have re- ages for weapons of mass destruction. tions off the floor. vealed the extent of Poindexter’s operation, but editorialists have not grasped its under- That is money for protection against The Senator from West Virginia. mining of the Freedom of Information Act. cyber-attacks. That is money to pro- Mr. BYRD. Mr. President, this legis- Political awareness can overcome ‘‘Total tect our nuclear facilities, not a year lation not only cuts the Congress out Information Awareness,’’ the combined force from now but now. That is money to of the loop, it also includes provisions of commercial and government snooping. In assist local police, local firefighters, to keep the people and the press—and a similar overreach, Attorney General local health care workers in case of ad- the press had better take notice—it in- Ashcroft tried his Terrorism Information ditional terrorist attacks. cludes provisions to keep the people and Prevention System (TIPS), but public Yet the administration is refusing to and the press, the members of the outrage at the use of gossips and postal allocate this money, refusing to turn workers as snoops caused the House to shoot on the spigot and let it flow, let it roll. fourth estate, in the dark. it down. The Senate should now do the same This is real money to improve Amer- I don’t think the media realize this to this other exploitation of fear. about this bill. And the media has ap- The Latin motto over Poindexter’s new ica’s safety, but instead of pushing for Pentagon office reads ‘‘Scientia Est these resources, the administration’s parently swallowed the line that this is Potentia’’—‘‘knowledge is power.’’ Exactly: top and seemingly only priority is a a compromise. It is more than that. It the government’s infinite knowledge about bureaucratic reshuffling of agencies. is a compromise of our personal lib- you is its power over you. ‘‘We’re just as con- So this administration will continue erties. It is a compromise of the pri- cerned as the next person with protecting holding up the money needed to pro- vacy rights of our people. It is a com- privacy,’’ this brilliant mind blandly assured tect Americans—your children, your promise of the checks and balances. It The Post. A jury found he spoke falsely be- grandchildren, your wife, your in-laws, is a compromise of the separation of fore. your friends—at home and it will be al- powers. It is a compromise of the If the American people, if the Amer- lowed to do so because it will have this American people’s right to know—the ican public is to believe what they read flimsy 484 pages of legislation to cover American people’s right to know. It is in this week’s newspapers, the Con- its political backside. a compromise of that. gress stands ready to pass legislation The design of this hulking bureauc- For those who do not understand to create a new Department of Home- racy has been the administration’s what I am saying, they should get this land Security. Not with my vote. Pas- focus for the past several months. That bill, 484 pages of it. It is a new bill. It sage of such legislation would be the is where it wanted Congress to focus its did not exist anywhere until yesterday. answer to the universal battle cry that attention. That is where the adminis- We have talked about how this whole this administration adopted shortly tration wanted the American people to after the September 11 attacks: Reor- idea of a Homeland Security Depart- focus, not on providing real homeland ment, presented to us by this adminis- ganize the Federal Government. security but, rather, on playing bu- How is it that the Bush administra- tration, we have talked about how it reaucratic shuffle board. was hatched in secrecy in the bowels of tion’s No. 1 priority has evolved into a We have witnessed a great show. We plan to create a giant, huge bureauc- the White House, how it was hatched in have been told that if only we pass this secrecy, cooked up by four different racy? How is it that the Congress 484 pages of legislation—this political bought into the belief that to take a persons in the White House. I have hoax that I hold in my hand, that named them earlier today: Mr. Card, plethora of Federal agencies and de- many of us have not seen before yester- partments and shuffle them around Mr. Gonzales, Mr. Mitch Daniels, and day—the American people have been Mr. Ridge. No disrespect to any of would make us safer from future ter- told that if only we pass this legisla- rorist attacks? them—they are all fine people; they are tion, all would be well. all fine public servants—but they are Osama bin Laden is still alive and But like the great and powerful Wiz- not anything extraordinary, I would plotting more attacks while we play ard of Oz, with his terrifying smoke, say that, insofar as people go. They bureaucratic shuffle board after we flames and roar, the reality of this too- hatched this thing. They hatched it in have already spent about $20 billion in good-to-be-true proposal will eventu- secrecy. Afghanistan to capture or to obliterate ally be unveiled. Osama bin Laden. He has surfaced on Mr. President, my concerns about We understand from the newspapers audio tapes boasting about how he is this legislation and its several this was talked about among the peo- plotting additional terrorist attacks iterations are many. It gives the Presi- ple in the administration, down in the against the United States. Yet our only dent too much unchecked authority. It secrecy of the White House. It had been response is to reorganize the Federal gives the Secretary of the new Depart- talked about. It had been developed. Government. That is our only response, ment too much unchecked authority. And then it sprang forth like Minerva reorganize the Federal Government. It makes massive changes in Govern- from the forehead of Jove, fully Right here it is, 484 pages of it, reor- ment structure with little scrutiny, clothed, fully armed. There it was. ganizing the Federal Government. Am and it allows those changes to be made We could say the same thing about I missing something here? without the approval of the Congress. this bill that we are passing here. We Eleven of the thirteen appropriations It threatens changes to worker pro- have little right to complain about the bills have not yet been passed. To- tections that could have enormous and White House and about the way in gether they contain over $25.6 billion in detrimental effects. It extends the which it developed in secrecy this funds to improve our homeland de- cloak of secrecy that has been a hall- whole egg that was hatched and sprung fense. That is money to hire additional mark of this White House. upon us as the homeland security bill.

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

ADJOURNMENT UNTIL 9:45 A.M. that the Senate stand in adjournment NOMINATIONS TOMORROW under the previous order. Executive nominations received by Mr. REID. Madam President, if there There being no objection, the Senate, the Senate November 14, 2002: is no further business to come before at 10:46 p.m., adjourned until Friday, the Senate, I ask unanimous consent November 15, 2002, at 9:45 a.m.

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DEPARTMENT OF JUSTICE FEDERAL MARITIME COMMISSION QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE. HARLON EUGENE COSTNER, OF NORTH CAROLINA, TO REBECCA DYE, OF NORTH CAROLINA,TO BE A FEDERAL NATIONAL LABOR RELATIONS BOARD BE UNITED STATES MARSHAL FOR THE MIDDLE DIS- MARITIME COMMISSIONER FOR THE TERM EXPIRING TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR JUNE 30, 2005. RENE ACOSTA, OF VIRGINIA, TO BE A MEMBER OF THE YEARS, VICE BECKY JANE WALLACE. DEPARTMENT OF TRANSPORTATION NATIONAL LABOR RELATIONS BOARD FOR THE REMAIN- RICHARD ZENOS WINGET, OF NEVADA, TO BE UNITED DER OF THE TERM EXPIRING AUGUST 27, 2003. STATES MARSHAL FOR THE DISTRICT OF NEVADA, VICE ROGER P. NOBER, OF MARYLAND, TO BE A MEMBER OF THE JUDICIARY JOSE GERARDO TRONCOSO. THE SURFACE TRANSPOERTAITON BOARD FOR A TERM UNITED STATES INTERNATIONAL TRADE EXPIRING DECEMBER 31, 2005. JOHN M. ROGERS, OF KENTUCKY, TO BE UNITED STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. COMMISSION REFORM BOARD (AMTRAK) STANLEY R. CHESLER, OF NEW JERSEY, TO BE UNITED DANIEL PEARSON, OF MINNESOTA, TO BE A MEMBER DAVID MCQUEEN LANEY, OF TEXAS, TO BE A MEMBER STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW OF THE UNITED STATES INTERNATIONAL TRADE COM- OF THE REFORM BOARD (AMTRAK) FOR A TERM OF FIVE JERSEY. ROSEMARY M. COLLYER, OF MARYLAND, TO BE UNITED MISSION FOR THE TERM EXPIRING JUNE 16, 2011, VICE YEARS. LYNN M. BRAGG, TERM EXPIRED. STATES DISTRICT JUDGE FOR THE DISTRICT OF COLUM- EXPORT-IMPORT BANK OF THE UNITED STATES BIA. DEPARTMENT OF TRANSPORTATION MARK E. FULLER, OF ALABAMA, TO BE UNITED STATES PHILIP MERRILL, OF MARYLAND, TO BE PRESIDENT OF DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF ALA- JAMES M. LOY, OF VIRGINIA, TO BE UNDER SECRETARY THE EXPORT-IMPORT BANK OF THE UNITED STATES FOR BAMA. TRANSPORTATION FOR SECURITY FOR A TERM OF FIVE THE REMAINDER OF THE TERM EXPIRING JANUARY 20, DANIEL L. HOVLAND, OF NORTH DAKOTA, TO BE YEARS, VICE JOHN MAGAW, RESIGNED. 2005. UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF IN THE ARMY NORTH DAKOTA. DEPARTMENT OF STATE KENT A. JORDAN, OF DELAWARE, TO BE UNITED THE FOLLOWING ARMY NATIONAL GUARD OF THE KIM R. HOLMES, OF MARYLAND, TO BE AN ASSISTANT STATES DISTRICT JUDGE FOR THE DISTRICT OF DELA- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SECRETARY OF STATE (INTERNATIONAL ORGANIZA- WARE. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TIONS). JAMES E. KINKEADE, OF TEXAS, TO BE UNITED STATES TITLE 10, U.S.C., SECTION 12203: MAURA ANN HARTY, OF FLORIDA, A CAREER MEMBER DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF To be brigadier general OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TEXAS. COUNSELOR, TO BE AN ASSISTANT SECRETARY OF ROBERT G. KLAUSNER, OF CALIFORNIA, TO BE UNITED COL. BRETT L. HANKE, 0000 STATE (CONSULAR AFFAIRS). STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT ELLEN R. SAUERBREY, OF MARYLAND, FOR THE RANK OF CALIFORNIA THE FOLLOWING NAMED ARMY NATIONAL GUARD OF OF AMBASSADOR DURING HER TENURE OF SERVICE AS ROBERT B. KUGLER, OF NEW JERSEY, TO BE UNITED THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE REPRESENTATIVE OF THE UNITED STATES OF STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY. THE GRADE INDICATED IN THE RESERVE OF THE ARMY AMERICA ON THE COMMISSION ON THE STATUS OF RONALD B. LEIGHTON, OF WASHINGTON, TO BE UNITED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WOMEN OF THE ECONOMIC AND SOCIAL COUNCIL OF THE STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT UNITED NATIONS. To be colonel OF WASHINGTON. WILLIAM C. CANNON, 0000 DEPARTMENT OF HEALTH AND HUMAN SERVICES JOSE L. LINARES, OF NEW JERSEY, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW WILLIAM A. JOHNSTON, JR., 0000 QUANAH CROSSLAND STAMPS, OF VIRGINIA, TO BE JERSEY. LEONARD H. KISER, 0000 COMMISSIONER OF THE ADMINISTRATION FOR NATIVE ALIA M. LUDLUM, OF TEXAS, TO BE UNITED STATES CHARLES F. MAGUIRE III, 0000 AMERICANS, DEPARTMENT OF HEALTH AND HUMAN DISTRICT JUDGE FOR THE WESTERN DISTRICT OF IN THE NAVY SERVICES. TEXAS. WILLIAM J. MARTINI, OF NEW JERSEY, TO BE UNITED THE FOLLOWING NAMED OFFICERS FOR TEMPORARY NATIONAL INDIAN GAMING COMMISSION STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW APPOINTMENT TO THE GRADE INDICATED IN THE PHILIP N. HOGEN, OF SOUTH DAKOTA, TO BE CHAIRMAN JERSEY. UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION OF THE NATIONAL INDIAN GAMING COMMISSION FOR THOMAS W. PHILLIPS, OF TENNESSEE, TO BE UNITED 5721: THE TERM OF THREE YEARS. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT To be lieutenant commander OF TENNESSEE. DEPARTMENT OF STATE LINDA R. READE, OF IOWA, TO BE UNITED STATES DIS- ROBERT D. BEAL, 0000 TRICT JUDGE FOR THE NORTHERN DISTRICT OF IOWA. J. COFER BLACK, OF VIRGINIA, TO BE COORDINATOR JEFFREY M. BIERLEY, 0000 WILLIAM E. SMITH OF RHODE ISLAND, TO BE UNITED FOR COUNTERTERRORISM, WITH THE RANK AND STATUS NATHAN P. BORCHERS, 0000 STATES DISTRICT JUDGE FOR THE DISTRICT OF RHODE OF AMBASSADOR AT LARGE. STEPHEN G. BROOKS, 0000 ISLAND. JAMES E. BROWN, 0000 INTERNATIONAL JOINT COMMISSION, UNITED JEFFREY S. WHITE, OF CALIFORNIA, TO BE UNITED JAMES R. BRYAN, 0000 STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT RONALD W. BURKETT, 0000 STATES AND CANADA OF CALIFORNIA. FREDA L.WOLFSON, OF NEW JERSEY, TO BE UNITED LAWRENCE C. CALAHAN, 0000 IRENE B. BROOKS, OF PENNSYLVANIA, TO BE A COM- STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW DANIEL B. CALDWELL, 0000 MISSIONER ON THE PART OF THE UNITED STATES ON JERSEY. BRIAN L. CASPER, 0000 THE INTERNATIONAL JOINT COMMISSION, UNITED DAVID M. DOWLER, 0000 STATES AND CANADA. FARM CREDIT ADMINISTRATION KEVIN L. DUZAN, 0000 DAVID C. DYE, 0000 BROADCASTING BOARD OF GOVERNORS NANCY C. PELLETT, OF IOWA, TO BE A MEMBER OF THE MATTHEW G. GURGEL, 0000 FARM CREDIT ADMINISTRATION BOARD, FARM CREDIT BLANQUITA WALSH CULLUM, OF VIRGINIA, TO BE A JOSEPH T. HANSEN, 0000 ADMINISTRATION FOR A TERM EXPIRING MAY 31, 2008. MEMBER OF THE BROADCASTING BOARD OF GOVERNORS SHAWN W. HUEY, 0000 FOR A TERM EXPIRING AUGUST 13, 2005. DEPARTMENT OF DEFENSE CHARLES B. JOHNSTON, 0000 THOMAS H. KIERSTEAD, 0000 DEPARTMENT OF STATE OTIS WEBB BRAWLEY, JR., OF GEORGIA, TO BE A MEM- TIMOTHY M. LEDBETTER, 0000 BER OF THE BOARD OF REGENTS OF THE UNIFORMED JON H. MORETTY, 0000 PETER DESHAZO, OF FLORIDA, A CAREER MEMBER OF SERVICES UNIVERSITY OF THE HEALTH SCIENCES FOR A CHRISTOPHER P. NODINE, 0000 THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TERM EXPIRING JUNE 20, 2003. COUNSELOR, FOR THE RANK OF AMBASSADOR DURING MATTHEW L. PARSONS, 0000 NATIONAL LABOR RELATIONS BOARD ERIK R. PATTON, 0000 TENURE OF SERVICE AS DEPUTY PERMANENT REP- DAVID R. PERRY, 0000 RESENTATIVE OF THE UNITED STATES OF AMERICA TO ROBERT J. BATTISTA, OF MICHIGAN, TO BE A MEMBER VINCENT J. PERRY, 0000 THE ORGANIZATION OF AMERICAN STATES. OF THE NATIONAL LABOR RELATIONS BOARD FOR THE KENNETH N. RADFORD, 0000 DAVID N. GREENLEE, OF MARYLAND, A CAREER MEM- TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2007. KEVIN K. ROACH, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- WILMA B. LIEBMAN, OF THE DISTRICT OF COLUMBIA, THOMAS E. SCHULTZ, 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS JAYSON W. SCHWANTES, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES BOARD FOR THE TERM OF FIVE YEARS EXPIRING AU- THOMAS W. SINGLETON, 0000 OF AMERICA TO THE REPUBLIC OF BOLIVIA. GUST 27, 2006. JEFFREY S. SMITH, 0000 JOHN RANDLE HAMILTON, OF NORTH CAROLINA, A CA- PETER SCHAUMBER, OF THE DISTRICT OF COLUMBIA, LOUIS J. SPRINGER, 0000 REER MEMBER OF THE SENIOR FOREIGN SERVICE, TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS LANCE E. THOMPSON, 0000 CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR BOARD FOR THE TERM OF FIVE YEARS EXPIRING AU- STEVEN J. ZACCARI, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE GUST 27, 2005. UNITED STATES OF AMERICA TO THE REPUBLIC OF GUA- f TEMALA. NATIONAL COUNCIL ON DISABILITY OVERSEAS PRIVATE INVESTMENT CORPORATION JOEL KAHN, OF OHIO, TO BE A MEMBER OF THE NA- CONFIRMATIONS TIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING Executive Nominations Confirmed by COLLISTER JOHNSON, JR., OF VIRGINIA, TO BE A MEM- SEPTEMBER 17, 2004. BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS PATRICIA POUND, OF TEXAS, TO BE A MEMBER OF THE the Senate November 14, 2002: PRIVATE INVESTMENT CORPORATION FOR A TERM EX- NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- PIRING DECEMBER 17, 2004. ING SEPTEMBER 17, 2005. NATIONAL LABOR RELATIONS BOARD LINDA WETTERS, OF OHIO, TO BE A MEMBER OF THE DEPARTMENT OF STATE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- DENNIS P. WALSH, OF MARYLAND, TO BE A MEMBER OF ING SEPTEMBER 17, 2003. THE NATIONAL LABOR RELATIONS BOARD FOR THE JOHN F. KEANE, OF VIRGINIA, A CAREER MEMBER OF TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2004. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- NATIONAL FOUNDATION ON THE ARTS AND THE COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND DEPARTMENT OF ENERGY HUMANITIES PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA KYLE E. MCSLARROW, OF VIRGINIA, TO BE DEPUTY TO THE REPUBLIC OF PARAGUAY. DAVID GELERNTER, OF CONNECTICUT, TO BE A MEM- SECRETARY OF ENERGY. BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A OVERSEAS PRIVATE INVESTMENT CORPORATION TERM EXPIRING SEPTEMBER 3, 2006. DEPARTMENT OF AGRICULTURE JOHN L. MORRISON, OF MINNESOTA, TO BE A MEMBER NATIONAL MUSEUM SERVICES BOARD PHYLLIS K. FONG, OF MARYLAND, TO BE INSPECTOR OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- GENERAL, DEPARTMENT OF AGRICULTURE. VATE INVESTMENT CORPORATION FOR A TERM EXPIR- A. WILSON GREENE, OF VIRGINIA, TO BE A MEMBER OF ING DECEMBER 17, 2004. THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM FEDERAL COMMUNICATIONS COMMISSION EXPIRING DECEMBER 6, 2004. INTERNATIONAL JOINT COMMISSION, UNITED JUDITH ANN RAPANOS, OF MICHIGAN, TO BE A MEMBER JONATHAN STEVEN ADELSTEIN, OF SOUTH DAKOTA, TO STATES AND CANADA OF THE NATIONAL MUSEUM SERVICES BOARD FOR A BE A MEMBER OF THE FEDERAL COMMUNICATIONS COM- TERM EXPIRING DECEMBER 6, 2002. MISSION FOR THE REMAINDER OF THE TERM EXPIRING ALLEN I. OLSON, OF MINNESOTA, TO BE A COMMIS- JUDITH ANN RAPANOS, OF MICHIGAN, TO BE A MEMBER JUNE 30, 2003. SIONER ON THE PART OF THE UNITED STATES ON THE OF THE NATIONAL MUSEUM SERVICES BOARD FOR A DEPARTMENT OF THE TREASURY INTERNATIONAL JOINT COMMISSION, UNITED STATES TERM EXPIRING DECEMBER 6, 2007. AND CANADA. MARIA MERCEDES GUILLEMARD, OF PUERTO RICO, TO WAYNE ABERNATHY, OF VIRGINIA, TO BE AN ASSIST- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT BE A MEMBER OF THE NATIONAL MUSEUM SERVICES ANT SECRETARY OF THE TREASURY. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- BOARD FOR A TERM EXPIRING DECEMBER 6, 2005.

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NANCY S. DWIGHT, OF NEW HAMPSHIRE, TO BE A MEM- BARRY GOLDWATER SCHOLARSHIP & COAST GUARD NOMINATION OF DANA B. REID. BER OF THE NATIONAL MUSEUM SERVICES BOARD FOR A COAST GUARD NOMINATIONS BEGINNING DOUGLAS A EXCELLENCE IN EDUCATION FOUNDATION TERM EXPIRING DECEMBER 6, 2005. ASH AND ENDING WARREN E. SOLODUK, WHICH NOMINA- PETER HERO, OF CALIFORNIA, TO BE A MEMBER OF PEGGY GOLDWATER-CLAY, OF CALIFORNIA, TO BE A TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM MEMBER OF THE BOARD OF TRUSTEES OF THE BARRY IN THE CONGRESSIONAL RECORD ON OCTOBER 17, 2002. EXPIRING DECEMBER 6, 2006. GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDU- COAST GUARD NOMINATIONS BEGINNING ANTHONY J. THOMAS E. LORENTZEN, OF CALIFORNIA, TO BE A MEM- CATION FOUNDATION FOR A TERM EXPIRING JUNE 5, 2006. ALARID AND ENDING MICHAEL B. ZAMPERINI, WHICH BER OF THE NATIONAL MUSEUM SERVICES BOARD FOR A NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TERM EXPIRING DECEMBER 6, 2006. NATIONAL INSTITUTE FOR LITERACY PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER CAROL C. GAMBILL, OF TENNESSEE, TO BE A MEMBER NATIONAL INSTITUTE FOR LITERACY 12, 2002. OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY FOREIGN SERVICE NOMINATIONS BEGINNING WILLIAM JUAN R. OLIVAREZ, OF MICHIGAN, TO BE A MEMBER OF BOARD FOR A TERM OF THREE YEARS. JOSEPH BURNS AND ENDING MICHAEL L. YOUNG, WHICH THE NATIONAL INSTITUTE FOR LITERACY ADVISORY NATIONAL MUSEUM SERVICES BOARD NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BOARD FOR A TERM OF ONE YEAR. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 8, BETH WALKUP, OF ARIZONA, TO BE A MEMBER OF THE 2002. OCCUPATIONAL SAFETY AND HEALTH REVIEW NATIONAL MUSEUM SERVICES BOARD FOR A TERM EX- FOREIGN SERVICE NOMINATIONS BEGINNING JON PIRING DECEMBER 6, 2003. COMMISSION CHRISTOPHER KARBER AND ENDING PETER FERNANDEZ, DEPARTMENT OF EDUCATION WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JAMES M. STEPHENS, OF VIRGINIA, TO BE A MEMBER AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW JOHN PORTMAN HIGGINS, OF VIRGINIA, TO BE INSPEC- TOBER 8, 2002. COMMISSION FOR A TERM EXPIRING APRIL 27, 2005. TOR GENERAL, DEPARTMENT OF EDUCATION.

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A PROCLAMATION RECOGNIZING gate her way around the campus. Last May, Moreover, we have seen no progress on the RAYMOND GRUBBS Christina received her degree in Internet Busi- investigation of the missing and presumed ness and Communications, and Natasha was dead political opponents—perhaps not surpris- HON. ROBERT W. NEY right there by her side as she received her di- ingly, as credible evidence links the OF OHIO ploma. Lukashenka regime with these murders, and Mr. Speaker, it is with great pride and admi- growing evidence also indicates Belarus has IN THE HOUSE OF REPRESENTATIVES ration that I recognize Christina Tooley of been supplying weapons and military training Wednesday, November 13, 2002 Pueblo, Colorado before this body of Con- to Iraq. Both in Berlin and in Washington, I Mr. NEY. Mr. Speaker, whereas Raymond gress and this nation. Christina has shown an have had the honor of meeting with the wives Grubbs is a professional truck driver for Yel- extraordinary determination to overcome un- of the disappeared. low Transportation; and paralleled challenges and has made incredible Mr. Speaker, the state of human rights and Whereas, Raymond Grubbs has success- strides through her efforts. Her courage and democracy in Belarus is abysmal, and the fully driven one million miles without a pre- resilience are a testimony to her character and manifest culprit is Lukashenka and his min- ventable accident; and should serve as an inspiration to us all. I wish ions. The longsuffering Belarusian people de- Whereas, Raymond Grubbs should be com- Christina all the best in her future, I am proud serve to live in a country in which human mended for reaching this safety milestone; to represent such an extraordinary individual. rights are not flouted. Those in Belarus, like and f Anatoly Lebedka, who struggle for human Whereas, Raymond Grubbs has rights and democracy deserve better. The demon[chyph]strated a steadfast commitment SITUATION IN BELARUS Belarusian people deserve better. to the safety of our nation’s highways; CONTINUES TO DETERIORATE f Therefore, I join with the residents of the en- WORLD POPULATION GROWTH tire 18th Congressional District of Ohio in hon- HON. CHRISTOPHER H. SMITH oring and congratulating Raymond Grubbs for OF NEW JERSEY his outstanding accomplishment. IN THE HOUSE OF REPRESENTATIVES HON. JAMES P. MORAN OF VIRGINIA f Wednesday, November 13, 2002 IN THE HOUSE OF REPRESENTATIVES PAYING TRIBUTE TO CHRISTINA Mr. SMITH of New Jersey. Mr. Speaker, I Wednesday, November 13, 2002 TOOLEY want to bring to the attention of my colleagues Mr. MORAN of Virginia. Mr. Speaker, I rise the latest outrage perpetrated by the regime of today to submit a recent speech delivered by Belarusian dictator Alexander Lukashenka. HON. SCOTT McINNIS the President of the Population Institute, Mr. Last week, immediately after leaving the OF COLORADO Werner Fornos, at the Unitarian Universalist U.S. Embassy in Minsk, the Chairman of the IN THE HOUSE OF REPRESENTATIVES Church of Arlington, Virginia on October 1, opposition United Civic Party, Anatoly 2002. Mr. Fornos spoke to the rapidly growing Wednesday, November 13, 2002 Lebedka, was picked up by plainclothes police economic and environmental pressures cre- C officers and driven to KGB headquarters for Mr. M INNIS. Mr. Speaker, it is with great ated by our burgeoning world population, es- interrogation. Anatoly had been at the Em- pride that I recognize Christina Tooley of pecially in third world countries. These con- bassy to pick up the invitation for a conference Pueblo, Colorado for her hard work, courage cerns represent a pressing issue for congres- on Belarus to be held this week here in Wash- and determination in the face of some of life’s sional debate and I offer these remarks to that ington. In a clear effort at intimidation, most challenging circumstances. Christina end. graduated from Pueblo Community College Lukashenka’s KGB thugs accused him of last spring and, as she celebrates this accom- maintaining ties with supposed ‘‘intelligence REMARKS BY WERNER FORNOS, PRESIDENT OF plishment, I would like to pay tribute to her in- agents’’ and other foreigners, purportedly for THE POPULATION INSTITUTE, AT THE UNI- TARIAN UNIVERSALIST CHURCH OF ARLING- credible story before this body of Congress. the purpose of undermining Belarus. TON, VA. OCTOBER 1, 2002 Throughout her life, Christina has had the Mr. Speaker, this accusation is patently ab- World population stands today at more courage to confront and overcome challenges surd. I know Anatoly Lebedka, having met with than 6.2 billion and increases by more than that to many would seem impossible. Christina him in Washington and at several meetings of 75 million each year. An incredible 97 per has been diagnosed with Bartlett-Bidell syn- the OSCE Parliamentary Assembly, most recent of this growth occurs in the developing drome, a genetic disorder that can cause or- cently this past July in Berlin. It is clear to me world, by definition the poorest countries of gans to improperly function and shut down. that Mr. Lebedka is an honorable man com- the world—those where for far too many Due to the syndrome, Christina began having mitted to his country’s development as an daily living is a struggle for mere survival. eyesight problems and, by her junior year of independent, democratic nation in which re- These are the very countries least able to afford such massive influxes of people, coun- high school, she could barely see. Although spect for human rights and the rule of law is tries where demographic pressures already the loss of her eyesight must have been dev- the norm. There is no doubt in my mind that place unbelievable burdens on schools, hos- astating to Christina, she remained determined the real reason for the harassment of pitals, transportation and virtually all facets to maintain a full and productive lifestyle. Anatoly—and this is not the first time—is his of the economic and social infrastructure. Soon after her diagnosis, Christina enrolled opposition to Lukashenka, to whom democ- Yet our soaring human numbers are pro- in the Colorado School for the Deaf and Blind racy and human rights are anathema. jected to exceed 9 billion by the year 2050. and began vigorous courses to learn Braille, Sadly, this is only the latest in a long list of While the wealthiest countries on our planet later enrolling in Pueblo Community College. human rights assaults by Lukashenka. Just are estimated to account for only 52 million of this increase, the developing world is ex- Throughout college, Christina and her mother within the last few months, we have seen the pected to account for 2.7 billion. would sit down and work diligently on her passage of a repressive law on religion, the But world population does not need to con- studies. Christina was able to do all of her bulldozing of a newly built church, the jailings tinue to grow at this dizzying pace. computer assignments on her own, but need- of three leading independent journalists, the First though, I must tell you that no mated her mother’s assistance with reading notes continued and persistent harassment of the ter what corrective course we may steer, the and questions. political opposition, independent media and earth’s population will reach 8 billion. The reason is our built-in demographic momen- Initially, Christina confronted the challenge non-governmental organizations, and the ef- tum: there are one billion people today be- of getting around town by learning to use a fective expulsion of the OSCE presence there. tween the ages of 15 and 24, the largest num- cane to guide herself. Today, Christina has a These tactics are in keeping with the climate ber of people entering their reproductive guide dog named Natasha who has become a of fear which Lukashenka has sought to cre- years at the same time than at any other loyal friend and companion, helping to navi- ate. time in the history of the world.

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

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E1996 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 How can we hold the number of people on discuss relevant issues at very least it Some years back, World Bank President earth down to approximately 8 billion? The achieves the opportunity for mutual under- Robert McNamara said in a celebrated answer to that question lies with providing standing and mutual respect. But I also be- speech at Notre Dame University that time access to voluntary family planning for the lieve that much more could have been ac- lost in the effort to reduce rampant popu- more than 300 million couples in the world complished had the meeting not been bogged lation growth can never be recovered. I be- who today want to make their own decisions down in coddling the comfortable and ignor- lieve that rapid population growth is a prob- about when and if they will have children— ing the afflicted. lem the entire world must address. Failure couples who in many cases did not want Considering the political climate, espe- to do so would be the ultimate global blun- their last child and do not want another. cially in the United States, at the time of der, one from which there is no recovery. Accommodating these couples, however, is the WSSD, many feel that population sta- f another matter that has been complicated by bilization advocates should count themselves the anti-abortion movement. Let me say fortunate that the summit reaffirmed the IN HONOR OF GREATER ASTORIA here that the Population Institute is pas- 1994 International Conference on Population HISTORICAL SOCIETY’S SELEC- and Development (ICPD) Plan of Action, as sionately dedicated to providing access to TION OF DENIS BUTLER AS 2002 family planning information, means and well as the results of the 1999 ICPD+5 meet- services; we do not consider abortion to be a ing and the Millennium Development HONORARY MAYOR OF LONG IS- method of family planning. As a matter of Goals—all of which had important popu- LAND CITY fact, abortion is a procedure to which many lation policy and program recommendations. women resort who lack access to family In hindsight, this appears to be true enough. HON. CAROLYN B. MALONEY Yet while reaffirmations are not insignifi- planning. OF NEW YORK cant, in my view summit meetings should be However, a sizable contingent of those who IN THE HOUSE OF REPRESENTATIVES have the audacity to label themselves ‘‘pro- about more than acknowledgments of what life’’ because they oppose abortion have be- already has been approved. They should Wednesday, November 13, 2002 come perhaps the single greatest obstacle to focus on progress: developing new strategies Mrs. MALONEY of New York. Mrs. Speaker, to attain established goals and objectives, those 300 million-plus women obtaining fam- I rise to pay tribute to the Greater Astoria His- ily planning. where they are needed, and accelerating ef- If you want to prevent abortion, the first forts to reach these goals and objectives, torical Society and Denis Butler, who has line of defense is preventing pregnancy. And where it is applicable. It is in these areas been named 2003 Honorary Mayor of Long Is- that is what family planning is about: pre- where, as far as world population issues arc land City. venting pregnancies, not terminating them. concerned, the WSSD was disappointing. Long Island City, just across the East River And if the Bush administration is serious In addition to squandering an opportunity from Manhattan, is the largest community in about being ‘‘prolife,’’ it should be pro- to accelerate progress on universal access to Queens with 250,000 residents. The history of moting family planning—not signing execu- family planning, the Johannesburg summit Long Island City spans more than 360 years tive orders that cut off the congressionally failed to establish a target for vastly reducing the carbon emissions responsible for from its humble beginning as Dutch farmland approved $34 million United States contribu- in the 1640s to its present incarnation as a tion to the United Nations Population Fund, global warming and increasing reliance on the largest multilateral provider of inter- renewable energy sources such as solar and residential and commercial hub. national population assistance, as the Presi- wind power. Chartered in 1870, Long Island City was the dent has. We know that the planet in many respects consolidation of several villages and areas, But the obstacles to universal access to has an impressive capacity for resilience. which included Astoria, Steinway, family planning are not solely within the Some years back British scientists reported Ravens[chyph]wood and Hunters Point. Long anti-abortion movement. Population policy that the ozone layer—the protective shield Island City existed independently from New that prevents ultra-violet B rays from dev- today is a matter of failure, ignorance, and York City for 28 years. The new city govern- timidity. astating the earth with skin cancer—was thinning in the southern hemisphere and had ment encouraged industry, which spread Last month I was in Johannesburg, South northward with gas plants and chemical and Africa, attending the World Summit on Sus- virtually disappeared over Antarctica, the tainable Development—the most important world. For years, industries producing glass factories lining the East River waterfront. global meeting on environment and develop- chlorofluorocarbons influenced industri- By the end of the 19th century, the city had ment since the 1992 Earth Summit in Rio de alized countries responsible for most of the the highest concentration of industry in the Janeiro. Oddly, population growth had no emissions to forego becoming involved in an United States. Long Island City was incor- place on the official agenda. But there can be effort to prevent such emissions. But with new and compelling scientific evidence be- porated by the City of New York in the con- no doubt that population and sustainable de- fore the world, nations hastened to approve solidation of 1898. velopment are inexorably linked. the Montreal Protocol, phasing out CFCs and Long Island City was transformed in 1909 After all, we live in a world where 70 per- by the opening of Queensborough Bridge, im- cent of all families are dependent on fire- other ozone-depleting chemicals by 1996. wood as their primary source of heating and Within recent weeks, it has been reported mediately changing the community from a re- cooking fuel. A world where 600,000 square that the shield is thickening at a pace that mote suburb to the destination minutes from might close the 10,000 square mile hole in the miles of forest have been cut down world- Manhattan. Today Long Island City is con- layer over Antarctica within 50 years. wide, just over the past 10 years. A world nected with the rest of New York City by six I am convinced we can have similar success where forestland equivalent to three times in overall sustainable development, if we tunnels and five bridges. the size of Belgium is annually cut down in have the foresight and the courage to estab- The Greater Astoria Historical Society, char- the Congo Basin alone. lish rational and effective timetables. The tered in 1985, is a non-profit cultural and com- Though there were some achievements at timetable for reducing world population munity oriented organization dedicated to pre- the Johannesburg summit, it was seriously growth to a figure closer to 8 billion rather flawed by the neglect to link human growth serving the past and promoting Long Island than 9 billion would specifying dates for: with environmental well being in the face of City’s future. The Society hosts field trips, Widening women’s educational opportuni- walking tours, slide presentations, and guest economic growth. ties—at all levels, primary, secondary and The Johannesburg summit succeeded in es- higher education. In country after country lectures to schools and the public. tablishing clearly important time-tables for studies, show that the more education a The Society believes that history is the most pressing matters, such as: halving the num- woman has the more likely she is to have powerful tool that a society processes. It tells ber of people living in poverty who lack ac- only the number of children she can nurture us why the things we value are the things we cess to clean water and adequate sanitation and educate; should value, and it tells us the things that by 2015; restoring depleted fish stocks by Increasing employment opportunities for 2015; and significantly reducing the extinc- should be ignored. That is true power, a pro- women. Studies also show that when women found power—the power to define a whole so- tion rate of the world’s plant and animal life have income-generating employment, they by 2010. are likely to have fewer children; ciety. I seriously question, however, how any one Reduction of infant and child mortality. A Denis Butler, who was an outstanding As- of these obviously significant and desirable major factor contributing to larger family semblyman for Astoria and Long Island City targets can be reached until we, first and size in many developing countries is that infor 24 years, is an outstanding choice for hon- foremost, establish a crystal clear acceler- fant and child survival is precarious at best. orary Mayor. An active legislator and a caring ated target for providing voluntary family Couples frequently have six, seven or eight civic leader, Assemblyman Butler exemplifies planning and reproductive health care to children in the hope that one, two, or three the strength and creativity of Long Island City. those more than 300 million who need and will survive. With adequate prenatal and Assemblyman Butler was a champion of the want fewer children but lack the informa- postnatal care, infant and child mortality tion, education and the affordable means to can be vastly reduced. aging, disabled, and underprivileged, and has control their own fertility. The Johannes- Universal access to family planning infor- worked tirelessly for the working men and burg summit was not a failure; I believe that mation, education, and the affordable means women of his district. With the support of the so long as nations of the world continue to to practice it. Assembly leadership, Assemblyman Butler

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E1997 created SCRIE (Senior Citizens Rent Increase the 2002 Agriculturist of the Year Award at the PAYING TRIBUTE TO SERENA Exemption), which has helped low income Greater Fresno Area Chamber of Commerce JANE SWENK seniors remain in their homes. Additionally, he Awards Luncheon in Fresno, California on No- was a prime sponsor of EPIC, New York’s vember 13, 2002. This lifetime achievement HON. SCOTT McINNIS prescription drug buy plan, which has helped award is given annually to an individual who OF COLORADO thousands of elderly new Yorkers pay for nec- exemplifies leadership and integrity in the IN THE HOUSE OF REPRESENTATIVES essary medication. Central Valley’s agricultural business commu- Wednesday, November 13, 2002 Assemblyman Butler has been extremely nity. Mr. MCINNIS. Mr. Speaker, it is deep sad- active in civic affairs and has worked along- Jack Stone graduated from the University of side local community activists on a wide range ness that I recognize the life and passing of California, Davis. In 1940, he began farming Serena Jane Swenk of Dolores, Colorado. of issues, working to improve educational and and later sold his farm in order to serve his youth programs, and increase local police Mrs. Swenk passed away in October, and as country for four years as a Captain in the her family mourns her loss, I would like to pay presence. His caring guidance and enthu- Army Corps of Engineers. In 1946, Jack siasm have truly made this neighborhood a tribute to her life and the wonderful memories began to farm again on undeveloped Central she has left behind. more pleasant place to live and work. Valley land and then organized the J.G. Stone Serena was born in Dolores, Colorado on I ask my colleagues to join me in honoring Land Company two years later. Jack has October 3, 1916. The granddaughter of one of the Greater Astoria Historical Society and sa- served as President of the Westlands Water Colorado’s original pioneering families, her luting them for selecting Denis Butler as the District, the National Cotton Council, the West- great-grandparents were among the first that 2003 Honorary Mayor of Long Island City. ern Cotton Growers Association, and formerly came to settle in the area known today as f served as chairman of the Producers Steering Montezuma County. Serena loved the land TRIBUTE TO EPWORTH UNITED Committee of the National Cotton Council. He and took full advantage of her rural upbring- METHODIST CHURCH currently serves as a California Farm Water ing, spending her childhood afternoons riding Coalition Board Member. and herding sheep. HON. JOSE´ E. SERRANO Jack is a second-generation farmer special- Serena attended school in the lower valley izing in cotton, grains, and a half dozen other of Montezuma County and in Dolores, where OF NEW YORK she graduated from high school in 1934. She IN THE HOUSE OF REPRESENTATIVES field crops on 6,000 acres in the Stratford and Lemoore areas in Central California. He has was an avid reader, scholar and artist, never Wednesday, November 13, 2002 always worked for the interests of young farm- missing an opportunity to open a book, re- Mr. SERRANO. Mr. Speaker, I rise today to ers by supporting the development of the agri- search historical events, or paint a majestic pay tribute to Epworth United Methodist culture program at Coalinga’s West Hills Col- Colorado landscape. Serena was also a very Church, a treasured Bronx institution and a lege, and by being a steadfast supporter of capable homemaker and loved to arrange holi- historic house of worship that celebrated its the cotton program and judging contests at the day get togethers where she would cook for Centennial anniversary November 10, 2002. California State University, Fresno campus. the entire family. Despite a busy life on the ranch, Serena still Appropriately, the theme of their celebration Jack has also consistently fought for develop- found the time to remain active in her commu- was ‘‘We’ve Come This Far By Faith.’’ ment of an adequate, reliable, and affordable nity. She spent countless hours serving in Mr. Speaker, Epworth United Methodist water supply for California. Today, much of many community clubs and organizations, in- Church was founded at the turn of the century J.G. Stone Land Company’s daily activities are cluding the Order of Eastern Star, South- in the heart of the South Bronx. People from run by Jack’s son, Bill, and his grandchildren, western Colorado Cowbelles, Daughters of the all walks of life have filled its pews throughout though Jack remains the patriarch of the four- American Revolution, and the 4–H. It was for the past century and as a result, it has be- generation farming operation. come an invaluable part of the Bronx’s history. these efforts that Serena received many Mr. Speaker, I rise today to congratulate awards throughout her life including, 4–H Located on Concourse Village East, the Jack Stone for earning the 2002 Agriculturist church stands as a beacon of faith and rich Leader of the Year, Southwestern Colorado of the Year Award. I urge my colleagues to Cowbelle of the Year, and Mancos Days Pio- history. join me in wishing Jack Stone many years of Throughout its 100 years of existence, neer Queen. continued success. Mr. Speaker, it is with great respect that I Epworth United has been a model of excel- recognize the life and passing of Serena Jane lence with its numerous and far-reaching com- f Swenk before this body of Congress and this munity programs. Not only are Bronx residents nation. I extend my sincere condolences to able to come to Epworth United for spiritual A PROCLAMATION RECOGNIZING her two sons David and Larry, and her many enrichment and fellowship, they can come to TAMMY SANDERSON grandchildren. Serena was one of our state’s the church for assistance with life’s daily trials. true pioneers; she lived her life with great en- The church is especially proud of its large and HON. ROBERT W. NEY thusiasm, courage and compassion, and was active youth congregation. an inspiration to all who knew her. Mr. Speaker, Epworth United provides food OF OHIO and clothing to anyone who may need them. f IN THE HOUSE OF REPRESENTATIVES Its dedicated staff and clergy also run an after- TRIBUTE TO JOE WARNER school tutorial and a summer day camp for Wednesday, November 13, 2002 young people. The church also awards college HON. TIMOTHY V. JOHNSON scholarships to outstanding youth throughout Mr. NEY. Mr. Speaker, whereas, Tammy Sanderson has devoted herself to serving oth- OF ILLINOIS the city. IN THE HOUSE OF REPRESENTATIVES For the past century, countless Bronx resi- ers through her work at the Carroll County De- Wednesday, November 13, 2002 dents have found solace and aid within the partment of Human Services; and walls of Epworth United Methodist Church. I Whereas, Tammy Sanderson has shared Mr. JOHNSON of Illinois. Mr. Speaker, I rise hope that all of my esteemed colleagues will her time and talent with the community in today to pay tribute to the life of a dear, close join me in honoring this sacred and historic in- which she resides; and friend of mine Joe Warner, who tragically stitution on its centennial anniversary. Whereas, Tammy Sanderson has dem- passed away in a plane crash shortly after f onstrated a commitment to meet challenges takeoff on July 22, 2002. with enthusiasm, confidence and outstanding Many of our nation’s greatest servants si- CONGRATULATING JACK STONE AS service; and lently and humbly transform communities out 2002 AGRICULTURIST OF THE YEAR of the goodness of their hearts, selfless gen- Whereas, Tammy Sanderson must be com- erosity, and a dedication to improving the wel- HON. GEORGE RADANOVICH mended for the hard work and dedication she fare of loved ones and those whom they have put forth in her 30 year career of service with never met. Joe Warner was one of these serv- OF CALIFORNIA the county; IN THE HOUSE OF REPRESENTATIVES ants, and he serves as an inspiration to us all. Therefore, I join with the Department of job Joe was born on July 3, 1942 in DeKalb, Illi- Wednesday, November 13, 2002 and Family Services and the entire 18th Con- nois to Paul and Doris Walkey Warner. He at- Mr. RADANOVICH. Mr. Speaker, I rise gressional District in congratulating Tammy tended Northern Illinois University and re- today to congratulate Jack Stone for receiving Sanderson on her retirement. ceived his NMA from the University of Illinois.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E1998 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 Joe then went on to become President and the backbone of our economy, and the heart Americans were fortunate to have such a CEO of Heritage Enterprises, a longterm care of our neighborhoods. Over the years, strong, effective, tireless, and accomplished corporation, located in Bloomington, Illinois. LaTronica’s has become a living example of leader serving us in the United State Senate. The elderly of Illinois have greatly benefited history and culture, providing the community of We will miss him dearly. from the leadership and dedication that Joe Pueblo with great food, seasoned atmosphere, And though he is no longer with us, we will continuously displayed throughout his life. and many wonderful memories. I wish Frank always remember and thank him for his in- Whether it was in his capacity as President and the rest of the family at LaTronica’s all the credible service. Now we must honor his and CEO of Heritage Enterprises or the Presi- best and good luck in all of their future en- memory by continuing our collective fight to dent of the Illinois Health Care Association, deavors. make his vision of America a reality. Joe tirelessly advocated on behalf of Illinois’ f Mr. Speaker, I have attached for the seniors to ensure they were afforded the high- RECORD a copy of remarks I made in intro- est quality of care. EXPRESSING SORROW OF THE ducing Paul Wellstone at an event last year. Not only have Illinois’ elderly lost a friend HOUSE AT THE DEATH OF THE and advocate, but our youth have as well. HONORABLE PAUL D. REPRESENTATIVE LEE’S INTRODUCTION OF SEN- Prior to his passing, Joe had taken on the role WELLSTONE, SENATOR FROM ATOR WELLSTONE (D–MN) AT 21ST CENTURY of planner and fundraiser for the $3 Million THE STATE OF MINNESOTA DEMOCRATS DINNER WEDNESDAY, MARCH 28, Challenger Learning Center, which will be an 2001 educational site for children to focus on study- HON. BARBARA LEE As we come together tonight to honor ing math and science. some amazing populists with Democrats 2000, OF CALIFORNIA Joe Warner was involved in scores of orga- now known as 21st Century Democrats, I am IN THE HOUSE OF REPRESENTATIVES nizations and knew the importance of invest- extremely proud to introduce one of the Wednesday, November 13, 2002 greatest progressives in Congress—the phe- ment in his community. He also knew the im- nomenal Paul Wellstone. portance of investing in his family, and was a Ms. LEE. Mr. Speaker, I rise in strong sup- great husband and father to his wife, Rose As many of you know, after more than 20 port of the resolution honoring my colleague years of teaching, Paul Wellstone jumped Stadel, and their two children Jeff and Jen- and friend, Senator Paul Wellstone of Min- into the 1990 Minnesota Senate race. He ral- nifer. The memory of Joe Warner will continue nesota. lied a huge grassroots network of supporters, through his numerous contributions to his Senator Wellstone was not only a friend of got a Green Bus to tour the state, and won community. On July 22nd, Illinois lost a re- mine, but also he was a special friend of my his election. When you are trying to rally the troops in your state for an election, it’s spected and admired friend. He will be district, the 9th Congressional District of Cali- missed. I ask you, my colleagues, to rise easy when you have an amazing, inspira- fornia. In fact, he had visited my district not tional, progressive leader like Paul today in salute of the rich legacy Joe Warner long before the tragic accident. People in my has left behind. Wellstone. He personifies the personal, popu- community embraced Paul for the same rea- list approach to winning elections. He proves f sons so many across country did. you need the support of everyday Americans, Paul Wellstone was a progressive champion not huge sums of corporate cash, to get TRIBUTE TO FRANK MATTAROCCI who truly personified the personal, populist ap- elected. proach to politics. He was an organizer who During his tenure in Congress, Senator HON. SCOTT McINNIS never lost touch with his grass-roots. In fact, Wellstone has been a real leader in progres- he proved that the support of everyday Ameri- sive causes and has held true to his beliefs. OF COLORADO He is our one and only Congressional Pro- cans, not huge sums of corporate cash, could IN THE HOUSE OF REPRESENTATIVES gressive Caucus member in the Senate. He still win elections. He proved that you don’t Wednesday, November 13, 2002 proves that you don’t have to compromise have to compromise your beliefs to be suc- your beliefs to be successful. He proves that Mr. MCINNIS. Mr. Speaker, it is with great cessful. He proved that passion for beliefs your passion for your issues make even your enthusiasm that I rise today to pay tribute to earns the respect of even one’s biggest oppo- opponents respect you. Senator Wellstone is Frank Mattarocci of Pueblo, Colorado. Mr. nent. one of the most effective members of the Mattarocci is the proud owner of LaTronica’s, Paul Wellstone showed no fear and incred- United States Congress, which is no easy feat these days and he champions issues few an Italian restaurant that remains very popular ible energy in his approach to fighting for our members will dare to discuss. among locals throughout the Pueblo commu- shared progressive agenda. He stood alone nity for its delicious food and distinctive atmos- as the sole member of the Progressive Cau- Senator Wellstone has been so active and successful in dealing with so many issues, cus in the Senate. He worked tirelessly for the phere. Today, I would like to recognize the but let me take a moment just to commend success which Frank and his family have least among us; often against incredible odds. him on a few. Paul was never afraid to speak up and to fight achieved in making LaTronica’s an invaluable He is a tireless supporter of legislation to part of the life and culture of southern Colo- for his beliefs. ensure mental health parity. He has passed rado. Despite the often-long odds he faced, Sen- several pieces of legislation with the help of LaTronica’s has remained in Frank’s family ator Wellstone was an extremely effective and his wife Sheila to prevent domestic violence for four generations. The restaurant was first accomplished Senator. His work on mental and to help its victims. His work helping opened by Frank’s great grandfather, Liberto health parity legislation is widely recognized, homeless veterans and on veterans’ health ‘‘Chief’’ LaTronica, in 1943. Despite a few and I sincerely hope to have the opportunity to care has earned him recognition of numerous modifications, the restaurant still looks almost vote yes on the Wellstone mental health parity veterans’ organizations. As a former educator, his devotion to education and children’s legislation in the very near future. He, along exactly the same as when it first opened sixty issues has led him to fight for increases in years ago. Over the years, the restaurant with the help of his wife Sheila, passed sev- Head Start, higher education funding, and changed hands from one generation to the eral pieces of legislation to prevent domestic better schools for all children in America, next, preserving within its walls a rich family violence and to help its victims. regardless of income. He has partnered with legacy that still remains constant today. Since He worked tirelessly to end the scourge of Minnesota seniors to talk about the inter- the restaurant opened in 1943, it has largely homelessness among our nations’ veterans national disparities in prescription drug been a family endeavor. Frank began working and to ensure those who served this country pricing and to pass legislation to correct this in the restaurant at age ten, cleaning glasses received the health care they were promised problem. for his father behind the bar. Today, Frank has and deserve. As a former educator, he fought And these are just a tiny fraction of his the help of his brother Mark, sister Tari, and for increases in Head Start, higher education successes. In short, the people of Minnesota, the United States Congress, the progressive cousin Maggie to ensure that the business funding, and better schools for all children in movement, and all Americans are so fortu- runs smoothly. America, regardless of income. He fought for nate to have a strong, effective, tireless, ac- Mr. Speaker, it is with great pride that I rec- seniors and to alleviate the absurd cost of pre- complished leader serving them in Paul ognize Frank Mattarocci before this body of scription medication. In short: he fought for us Wellstone. Congress and this nation for his enduring all. Senator Wellstone, welcome, and congratu- commitment to such a wonderful family res- The people of Minnesota, the United States lations on this award you are receiving to- taurant. Small businesses like LaTronica’s are Congress, the progressive movement, and all night.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E1999 A TIME TO RE-THINK CYPRUS said administration, under the pretentious title the way to lasting, peace and reconciliation in of the ‘‘Government of Cyprus,’’ has no juris- the island as well as the eastern Mediterra- HON. DAN BURTON diction to represent or act on behalf of the nean region. OF INDIANA Turkish Cypriot people, whose sole legitimate Is it not time for all concerned to rethink IN THE HOUSE OF REPRESENTATIVES representatives are those elected under the their approach to the Cyprus issue and bring Constitution of the Turkish Republic of North- it in line with the realities on the island? Wednesday, November 13, 2002 ern Cyprus. The fact that the Turkish Cypriot f Mr. BURTON of Indiana. Mr. Speaker, on and Greek Cypriot sides are political equals 15 November 2002, Turkish Cypriots are cele- and that neither of the parties can represent TRIBUTE TO CHARLES EMERSON brating the 19th Anniversary of the proclama- the other has been underlined by the UN Sec- BATES tion of the Turkish Republic of Northern Cy- retary-General on 12 September, 2000 as fol- prus. lows: HON. SCOTT McINNIS The historic decision by the Turkish Cypriots I have ascertained that the parties share a OF COLORADO to declare independence was not a separatist common desire to bring about, through nego- IN THE HOUSE OF REPRESENTATIVES endeavor, but an act of self-defense under- tiations in which each represents its side— taken 20 years after being forced out of the bi- and no-one else—as the political equal of the Wednesday, November 13, 2002 national partnership State of 1960 by the other, a comprehensive settlement enshrin- Mr. MCINNIS. Mr. Speaker, it is with deep Greek Cypriot partner; and having been phys- ing a new partnership . . . sadness that I recognize the life and passing ically driven from their homes and properties This fact has also been expressed by other of Charles Emerson Bates of Pueblo, Colo- in 103 villages across the island in a cam- foreign dignitaries, such as Ambassador Rich- rado. Mr. Bates passed away this October paign of violence and ethnic cleansing that ard Holbrooke, former U.S. Presidential Spe- and, as his family mourns his loss, I would like had started in 1963. Terrorized, displaced and cial Emissary for Cyprus, who, at a press con- to pay tribute to his life and the wonderful disenfranchised, the Turkish Cypriots had no ference held on 4 May 1998 in Cyprus, stated memories that he has left behind. choice but to reorganize themselves in the the following: Charles was born on December 1, 1946 in areas or ‘‘enclaves’’ under their control, in a I think it is very clear and no one has dis- Granada Hills, California. He graduated from collective act of survival, and to start running puted that Glafcos Clerides does not rep- Valparaiso University in 1968, got his Master resent or have control over the people of of Urban Education from Loyola University and their own affairs. Northern Cyprus. As to what happened afterwards, let us hear received his Master of Arts in Information it from Mr. Glafcos Clerides, the Greek Cypriot The former Italian Foreign Minister, Mr. Science from Dominican University, Chicago leader, as candidly recounted in his memoirs Lamberto Dini, expressed the reality of the ex- in 1973. After finishing his education, Charles entitled ‘‘Cyprus: My Deposition.’’ (Vol. 111, istence of two independent and sovereign held a variety of library and teaching positions pp. 236–237): States representing the two peoples of the is- in Illinois and Wisconsin, including adminis- land in his statement of 26 August 1997, even In the years that followed a steady, stage- trator of the Fond du Lac Public Library, a po- by-stage development is noted in the Turk- in clearer terms: sition that he held until 1976. In 1981, Chuck ish administration, with the separation in It has to be recognized that there are two and his family relocated to Pueblo, where he its legislative, executive and judicial powers. republics in Cyprus, two entities, two governments . . . and therefore, if the European became the director of the Pueblo City-County An administrative organization is created, as Library District, a position he held for 21 well as police force and army. The increase Union does not recognize this basic fact, in of the financial resources of the Turkish conducting negotiations for membership, years. – Cypriots through economic aid from Turkey then you bump into the problem . . . that one During his tenure as library director, Charles permitted the functioning of their adminis- of the parties would not accept negotiations, proved to be an outstanding leader and dedi- tration on a more permanent basis, a fact going on with only what, in effect, is the cated his time and energy to the improvement which they made clear, by renaming their Greek Republic of Cyprus. of Pueblo’s libraries. Under his leadership, the ‘‘Temporary Turkish Cypriot Administra- The way to the future in Cyprus must be library board passed two mill levy referendums tion’’ to ‘‘Turkish Cypriot Administration.’’ based on this reality, rather than the myth that and a $14 million bond issue toward the con- Thus there exist today in Cyprus two poles of there is only one government in the island and struction of the new Robert Hoag Rawlings power on a separate geographical basis; i.e., that this is the Greek Cypriot administration. Public Library. In 1997, Charles received the the Government of the Cyprus Republic, con- The Turkish Cypriot side has again dem- trolling the largest section of the territory Colorado Library Lifetime Achievement Award of the state and internationally recognized, onstrated its good will in regard to a settle- in recognition of his tireless efforts toward ad- and the Turkish Cypriot Administration, ment by initiating the face-to-face talks be- vancing library facilities throughout the county. which controls a very limited area and is not tween the two parties which started in Decem- Mr. Speaker, it is with great pride that I rec- internationally recognized, but has already ber 2001 and are still continuing. However, ognize the life of Charles Emerson Bates be- taken almost all the characteristics of a these talks, already facing great difficulty before this body of Congress and this nation. I small state. cause of the unilateral and unlawful EU aspi- extend my sincere condolences to his wife This State is now the Turkish Republic of rations of the Greek Cypriot side, face even a Mary, brother Robert, and his sons Chris, Northern Cyprus, which is a product of the ex- greater threat by the prospect of a positive de- Noah, Colin. Charles lived his life with great ercise, by the Turkish Cypriot people, of their cision on this matter by the European Union at passion and enthusiasm, contributing greatly inalienable right to self-determination on 15 its approaching summit in Copenhagen in to the betterment of the Pueblo community by November 1983. early December 2002. promoting literacy and education through the The Turkish Cypriot Independence Declara- It is sincerely hoped that the EU will act in expansion of public libraries throughout South- tion contains all the principles and ideals that full awareness of the fact that such a decision ern Colorado. His loss will be deeply felt and are universal to mankind, and are very familiar before a settlement can only perpetuate the the contributions he made will never be forgot- to the American people, such as ‘‘that all Men division in Cyprus and will refrain from doing ten. are created equal, that they are endowed by so. The decades-long negotiating process in f their Creator with certain unalienable Rights, Cyprus should have demonstrated to all con- that among these are Life, Liberty, and the cerned that worn-out clich[eacute]s and tried- HONORING BILL SWENSON Pursuit of Happiness’’ and that ‘‘Governments and-failed formulas have not worked in Cy- derive their just Powers from the Consent of prus, and a bold new approach is needed. HON. MARK UDALL the governed.’’ In this Declaration, the Turkish With its democratic system of government, re- OF COLORADO Cypriots also extended a hand of friendship to spect for rule of law and human rights, the IN THE HOUSE OF REPRESENTATIVES the Greek Cypriots and called for the peaceful Turkish Republic of Northern Cyprus deserves resolution of all their differences. That hand of to be treated on a par with the Greek Cypriot Wednesday, November 13, 2002 peace and friendship remains extended today. State in the South. The two States can then Mr. UDALL of Colorado. Mr. Speaker, I rise It should be clear from the above brief his- come together to forge a common future on today to honor Bill Swenson for his eight years tory that the Turkish Cypriot people never the basis of equality and a new partnership, of dedicated service to the Colorado General owed any allegiance to the Greek Cypriot ad- also serving as a bridge of cooperation be- Assembly. ministration of Southern Cyprus, which has no tween Turkey and Greece, two allies the Before being elected to the Colorado House legal or moral right to claim to represent any- United States, which have direct interests and of Representatives, Bill Swenson had already one other than the Greek Cypriot people. The responsibilities vis-[agrave]-vis Cyprus. This is established a long and distinguished career in

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2000 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 public service. He was elected to the the First Baptist Midway became a Key erations and the Cash Management Depart- Longmont City Council in 1977 and served as Church in the Mission Texas campaign, sup- ment. Ms. Drexel was promoted to Executive the City’s Mayor from 1981–1985. He also porting the creation of churches like Brazos Vice President in January of 1998. As Vice served as the Boulder County Republican Meadows and West Robinson Baptist Church President, she leads more than 2,300 employ- Chairman from 1993–1994. in Waco. Reverend Toby additionally encour- ees of the Bank with 168 branches located I had the good fortune to serve with Bill in aged members to lead mission trips to Russia, from Eastern Long Island to Upstate New the Colorado State House. I found him to be China, Africa, Mexico, the Philippines, Mo- York. Ms. Drexel has also been a tenacious an affable, effective policy maker willing to rocco, Turkey and other countries. Because of community activist, and has volunteered her reach across policy lines to act in the best in- the financial commitment to these and other time at various organizations including the Epi- terest of Colorado. Most important of all, Bill ministries, the church has been honored as lepsy Foundation, Salvation Army, Suffolk had a reputation for basing his votes on prin- one of the top 100 churches in the Baptist County Special Olympics, Yeshiva of South ciple, and not on party or politics. At a time General Convention of Texas in Cooperative Shore. Most recently, Ms. Drexel was ap- when voters seem to feel increasingly Program giving. pointed to the Board of Directors of Safe Hori- disenfranchised by what they view as partisan During his ministry, Reverend Toby contin- zon. dogmatism, Bill Swenson represents public ued his education and his role in public serv- The legendary three-sided structure at the service that transcends partisanship. ice. Presently, he is a candidate for the Doc- intersection of Broadway, Fifth Avenue and He is a recognized leader on transportation torate of Ministry degree from the Golden 23rd Street, The Flatiron Building, is one of and served as the Chairman of the Transpor- Gate Baptist Seminary. He has served on the New York’s oldest surviving skyscrapers. tation and Energy Committee. His values of executive board of the Baptist General Con- Opened in 1902, the building’s unique archi- practicality and fiscal responsibility helped vention of Texas, and its human welfare board tecture in the form of a geometrically perfect, shape the tone for the entire transportation de- and public relations advisory committee. With- straight-edged right triangle, separates it from bate. In addition, he has worked to find com- in the community, Reverend Toby has served the New York City streetscape. Now, thanks to mon sense ways to encourage investment in on the boards of Central Texas Good Will In- a recent refurbishment under new owners and renewable energy resources and enhance the dustries and Special Wish, as president of the last year’s $5 million reconstruction of the six- diversification of energy resources in Colo- Rotary Service Club of Waco and as moder- acre oasis of Madison Square Park, the build- rado. These efforts may not result in colorful ator and executive board member of the Waco ing continues to be the flagship of the reborn political sound-bites, but they will inevitably Baptist Association. Flatiron district. lead to a stronger economy and future genera- I ask all of my colleagues to join me in hon- I would also like to commend the 23rd tions of Coloradans will took back on Bill’s oring and celebrating the leadership and com- Street Association in their mission of enhanc- service with gratitude. mitment of Reverend D. Michael Toby, and ing the quality of life for families and busi- I am proud to have served with Bill congratulating Reverend Toby and his wife nesses in the area bounded by the Hudson Swenson and proud to call him my friend. I Jackie on 25 years of dedication to the spir- and East Rivers from 17th to 28th Street. In- ask my colleagues to join with me in honoring itual life and health of the community of corporated in 1929 by 22 local business peo- him for his exceptional service, I thank him for Woodway and to Central Texas. ple, today’s 23rd Street Association has ap- his good work, and I wish him continued good f proximately 300 members. Their efforts have health and success in the future. included conducting business-training pro- f IN RECOGNITION OF THE 23RD grams in local junior high schools, mobilizing STREET ASSOCIATION CELEBRATING 25 YEARS OF SERV- the community to bring about a $2.5 million ICE BY REVEREND D. MICHAEL renovation of Madison Square Park, working TOBY HON. CAROLYN B. MALONEY with the local police to combat drug dealing OF NEW YORK and other crime, and developing annual sum- HON. CHET EDWARDS IN THE HOUSE OF REPRESENTATIVES mertime concert programming and children’s OF TEXAS Wednesday, November 13, 2002 entertainment in the community. IN THE HOUSE OF REPRESENTATIVES The Association is fortunate to represent in- Mrs. MALONEY of New York. Mr. Speaker, dividuals and organizations that are so com- Wednesday, November 13, 2002 I would like to pay tribute to The 23rd Street mitted to the advancement of their community. Mr. EDWARDS. Mr. Speaker, on Sunday, Association on the occasion of their Annual In recognition of the invaluable contributions October 27th, the congregation and commu- Award Luncheon. This year, the 23rd Street and the selfless efforts of tonight’s honorees, nity of Woodway, Texas honored Reverend D. Association is honoring North Fork Bank and I ask that my colleagues join me in saluting Michael Toby for twenty-five years of dedi- Carolyn Drexel for their outstanding commu- the 23rd Street Association on their annual cated service as Pastor of the First Baptist nity involvement. In addition, the owners and award luncheon. management of the Flatiron building are being Church of Woodway. f Reverend Toby graduated from the South- recognized on this, the building’s centennial western Baptist Theological Seminary in 1974, anniversary, for their dedication to the build- TRIBUTE TO THE CHURCH OF THE where he won the H.C. Brown Jr. Award as ings restoration and modernization. BLESSED SACRAMENT the seminary’s outstanding preaching student. Ranked number one by the leading industry On October 30, 1977, Reverend Toby joined publication U.S. Banker in their annual survey, HON. JOSE´ E. SERRANO the First Baptist Church of Woodway. Under North Fork Bancorp is considered one of the OF NEW YORK his ministry, the church membership has nation’s top bank and thrift companies. North IN THE HOUSE OF REPRESENTATIVES grown to nearly four thousand people, requir- Fork was also ranked fourth among the top Wednesday, November 13, 2002 ing a new campus and larger facilities in 1990. 100 banking companies that include all types Under Reverend Toby’s leadership, edu- of financial services companies. Organized in Mr. SERRANO. Mr. Speaker, I rise today to cation programs in the church have been 1980, today, the total assets of the Bank are pay tribute to the Church of the Blessed Sac- greatly expanded, winning First Baptist approximately $19 billion with over 165 branch rament, a treasured Bronx institution and a Woodway the ‘‘Fastest Growing Sunday locations that provide a wide range of per- historic house of worship that celebrated its School Award’’ three times between 1996 and sonal and commercial banking services seventy-fifth anniversary on November 1, 2002 2000. Ministries within the church have been throughout New York. at a dinner-dance and will commemorate the enriched with the addition of youth and adult Carolyn Drexel joined North Fork Bank as event at an anniversary Mass on November discipleship groups, outreach efforts, prayer part of a new Management Training Program 24th. warrior and prayer room ministries, ministries in 1979. After landing a position in the Speonk Mr. Speaker, the Church of the Blessed for seniors, singles and college students, a office as the Assistant Branch Manager, she Sacrament was established in July of 1927 church school, Bible Drill, Awana, Mother’s continued to advance her career, and in 1993 per a request by Patrick Cardinal Hayes, Third Day Out, Young Women’s Fellowship, Angel became a Senior Vice President in charge of Cardinal of New York. Cardinal Hayes asked Tree, all age choirs and a Vacation Bible the Branch Network. In April 1997, Ms. Father Edward A. Loehr to establish a new school that serves over 850 children each Drexel’s professionalism and skill led her to Parish of Blessed Sacrament to serve South summer. take on the responsibilities of managing the Bronx residents. More than seventy years Reverend Toby has led his church in mis- entire Retail Division which includes the later, Blessed Sacrament Parish is still thriving sion efforts both at home and abroad. In 1988, Branch Network, Marketing, Sales, Retail Op- and serving a devoted congregation.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2001 Throughout its 75 years of existence, son, and Franklin Agriculture Business of the velopment and ensure that their land remains Blessed Sacrament Parish has been a model Year Award. I urge my colleagues to join me free and open. I commend them both on their of excellence as a house of God, with open in wishing P–R Farms many years of contin- decision and wish the Meinhart ranch a rich doors to everyone. Not only are Bronx resi- ued success. and happy future. dents able to come to Blessed Sacrament f f Parish for spiritual enrichment and fellowship, they can come to the church for assistance A PROCLAMATION HONORING MR. TRIBUTE TO DR. DONALD A. HOLT with life’s daily trials. AND MRS. ANNMARIE AND Mr. Speaker, many of the structures that KEVIN O’GRADY HON. TIMOTHY V. JOHNSON make up Blessed Sacrament Parish are histor- OF ILLINOIS ical landmarks, rich with history. The Parish is HON. ROBERT W. NEY IN THE HOUSE OF REPRESENTATIVES in the progress of restoring these valuable OF OHIO Wednesday, November 13, 2002 structures so as to preserve the spirit from IN THE HOUSE OF REPRESENTATIVES which the church was founded. Mr. JOHNSON of Illinois. Mr. Speaker, I rise Wednesday, November 13, 2002 For nearly a century, hundreds of thousands today to honor Dr. Donald A. Holt, a highly re- of Bronx residents have found solace and aid Mr. NEY. Mr. Speaker, whereas, Annmarie spected citizen of Champaign, Illinois, who is within the walls of Blessed Sacrament Parish. and Kevin are celebrating their marriage retiring from his position as Senior Associate I hope that all of my esteemed colleagues will today, October 19, 2002; and Dean of the College of Agricultural, Consumer, join me in honoring this sacred and historic in- Whereas, Annemarie and Kevin have a and Environmental Sciences at the University stitution on this notable anniversary. deep and abiding love for one another; and of Illinois at Urbana-Champaign. Dr. Holt’s f Whereas, Annemarie and Kevin have dem- positive influence in biotechnology, systems onstrated a firm, loving commitment to each modeling, computers in agriculture, organiza- CONGRATULATING P–R FARMS AS other; and tion of agricultural research, and development AGRICULTURE BUSINESS OF THE Whereas, Annemarie and Kevin will share a of funding strategies, continues to be strongly YEAR life together of generosity, joy, accomplish- felt on the University of Illinois campus, as ment and fulfillment; well as throughout the state of Illinois and the HON. GEORGE RADANOVICH Therefore, I join with the residents of the en- nation. OF CALIFORNIA tire 18th Congressional District in congratu- As a student in the University of Illinois De- IN THE HOUSE OF REPRESENTATIVES lating Mr. and Mrs. O’Grady as they begin partment of Agronomy in the 1950’s, as a their marriage. manager of his family farm near Minooka, Illi- Wednesday, November 13, 2002 f nois, from 1956 to 1964, and as a cuttingedge Mr. RADANOVICH. Mr. Speaker, I rise researcher and teacher at Purdue University today to congratulate P–R Farms of Clovis, TRIBUTE TO DONALD AND from 1964 to 1982, Don Holt honed his skills California, for receiving the 2002 Baker, Peter- FLORINE MEINHART to serve science and society as an enlight- son, and Franklin Agriculture Business of the ened, visionary leader of agricultural research Year Award at the Greater Fresno Area HON. SCOTT McINNIS in Illinois. Chamber of Commerce Awards Luncheon in OF COLORADO In his pioneering research and teaching ac- Fresno, California on November 13, 2002. IN THE HOUSE OF REPRESENTATIVES tivities at Purdue, Dr. Holt built his programs This annual award is given to an agricultural with a ‘‘systems perspective’’ that he began Wednesday, November 13, 2002 organization whose achievements and impact developing while operating his family farm in have significantly contributed to the industry Mr. McINNIS. Mr. Speaker, it is with great northern Illinois. There he developed a com- and the local community. admiration that I rise to pay tribute to Donald prehensive research program in forage physi- Vincenzo Bicchiuti, father of the founder of and Florine Meinhart of Glade Park, Colorado. ology and management that contributed to in- P–R Farms, arrived in America as an immi- Today, I would like to highlight the Meinharts creasing crop production. Dr. Holt also pio- grant in 1914 and planted the seeds of a small for the wonderful contribution they have made neered the use of anhydrous ammonia and or- family business in grapes and figs. Benefiting toward protecting Colorado’s most treasured ganic acids as hay preservatives. He was an from his father’s wisdom, Pat Ricchiuti learned natural resource: our environment. early implementer of computer modeling and that diversification would be the key to long- The Meinhart Ranch is located in an area used it to develop and commercialize software term success. Pat and his wife, Frances, that is highly regarded for its ecological impor- for crop yield forecasting. began to plant plums and cotton which was tance. By recently agreeing to an easement, When Dr. Holt returned to the University of the beginning of their farm’s expansion. The Donald and Florine have promised to restrict Illinois in 1982, he quickly began to leave his goal for the newly-founded P–R Farms was development on their ranch, which will help imprint on the college’s research and teaching growth while maintaining quality at every junc- protect the natural habitat of an area that is systems by improving the college’s resource ture. home to many of Colorado’s wildlife species, base and infrastructure and building a partner- Today, the philosophy and dedication of fa- including the Gunnison Sage Grouse, elk, and ship between the college and its stakeholders ther and son is continued by grandson, Patrick mule deer. The Gunnison Sage Grouse has in the food and agricultural sectors throughout Ricchiuti. Known worldwide for premium qual- become so rare in recent years that the US the state. ity and excellence, P–R Farms’ products are Fish and Wildlife Service has considered plac- Since his return to the University of Illinois, locally grown, packed, and shipped from their ing the animal on the endangered species list. Dr. Holt has made great contributions to en- production facility in Clovis, California. P–R By agreeing to an easement on their ranch, hancing Illinois’ food and agriculture sectors. Farms has been an innovator in agriculture, Donald and Florine are helping to guard the His leadership in the college as a department developing many new techniques in Ag pro- sage grouse’s natural habitat and ensure the head, associate dean, director of the Illinois duction, shipping, storage, and marketing. protection of the species. Agriculture Experiment Station, and senior as- The Ricchiuti family has been active in lead- The Meinhart Ranch also provides a popular sociate dean is unparalleled. ing California State University, Fresno’s Ag migration corridor for elk and mule deer. The Dr. Holt led the effort to mold the college One Foundation, College of Agricultural ranch is surrounded by national forests and into a leader in biotechnology research by se- Sciences, and Technology, Alumni Associa- provides an avenue for the animals to move curing funding for the Center of Excellence in tion, and Bulldog Foundation. They developed between their summer and winter grazing Crop Molecular Genetics and Genetic Engi- fundraising programs for Clovis schools, and areas. The easement will benefit these spe- neering and for the Edward R. Madigan Lab- have served on the governing board of the cies as well because it provides them with an oratory. He also led the effort to improve the Clovis School District. In addition to agriculture open place to move, protected from encroach- state and national investment in value-added and education, the Ricchiutis have been very ing homes and motor vehicles. research for Illinois producers. This led the re- involved in local healthcare serving on boards Mr. Speaker, it with great respect that I rec- modeling of the Agricultural Bioprocess Lab- and councils for both Central California Chil- ognize Donald and Florine Meinhart before oratory and the establishment of the National dren’s Hospital and Clovis Community Hos- this body of Congress and this nation for the Soybean Research Center. pital. generous and responsible management of Dr. Holt laid much of the groundwork to re- Mr. Speaker, I rise today to congratulate P– their property. Donald and Florine have design public agricultural research in Illinois R Farms for earning the 2002 Baker, Peter- agreed to protect their property from future de- through landmark legislation called the Illinois

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2002 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 Food and Agricultural Research Act of 1995 the occasion of his retirement from the Na- entertainers, athletes, entrepreneurs, reli- leading to the creation and funding of the Illi- tional Guard and wish him continued high gious leaders and business executives, such nois Council for Food and Agricultural Re- flight. as William Clinton, Ronald Reagan, Jimmy Carter, Gerald Ford, George Bush, Richard search (C–FAR). He subsequently promoted f Nixon, George Pataki, Mario Cuomo, Bob public involvement in research priority setting Hope, Frank Sinatra, Michael Douglas, Glo- through C–FAR representation, a move that ELLIS ISLAND MEDALS OF HONOR AWARDS CEREMONY—NECO ria Estefan, Coretta Scott King, Rosa Parks, attracted national attention as a model for re- Elie Wiesel, Muhammad Ali, Mickey Mantle, energizing land-grant universities and empow- CHAIRMAN WILLIAM DENIS General Norman Schwarzkopf, Barbara Wal- ering their constituents. FUGAZY LEADS DRAMATIC ters, Terry Anderson, Dr. Michael DeBakey, Dr. Holt’s past contributions to Illinois and CEREMONY Senator John McCain, Rudy Giuliani and At- U.S. Agriculture have brought about a torney General Janet Reno. Congratulations to the 2002 Ellis Island firestorm of progressive change. With his HON. DAN BURTON Medals of Honor Recipients: unique but clear vision of the future, he is able OF INDIANA Abel Abrahamsen, Chairman Emeritus/Co- to see the changing nature of agriculture be- IN THE HOUSE OF REPRESENTATIVES Founder, Norwegian Immigration Assoc., yond the horizon and can anticipate how edu- Wednesday, November 13, 2002 Norwegian; William Achenbaum, President, cational and research institutions can best pre- S/A Associates, Russian; Elias S. Mr. BURTON of Indiana. Mr. Speaker, On pare to meet the needs of individuals who will Adamopoulos, M.D., President, Piraeus Real- behalf of Ellis Island Medals of Honor Cere- conduct business in the changing environ- ty Corp., Hellenic; Hector Alcalde, Chairman monies, I am submitting the following state- & CEO, Alcalde & Fay, Spanish; Kurt ment. ment for the RECORD. Aschermann, Sr. Vice President, Boys & Mr. Speaker, Dr. Donald A. Holt has had a Girls Clubs of America, German/Austrian/ long and distinguished career that will have an Standing on the hallowed grounds of Ellis Island—the portal through which 17 million Italian; Lawrence Auriana, Chairman, Fed- impact on agriculture far into the future. I ask immigrants entered the United States—a erated Kaufman Fund, Italian; Kenneth E. my colleagues to join me in honoring this dis- cast of ethnic Americans who have made sig- Behring, CEO & Founder, Wheelchair Foun- tinguished gentleman for all he has done for nificant contributions to the life of this na- dation, German; Hon. Cornelius Blackshear, agriculture and for the country. tion were presented with the coveted Ellis Is- Judge, U.S. Bankruptcy Court, African; Bar- bara Blair, CEO, Cyberstaff, Russian; Mi- f land Medal of Honor at an emotionally uplifting ceremony. This year’s event was dedi- chael J. Brescia, M.D., Sr. V.P. & Exec. Med. A TRIBUTE TO LIEUTENANT cated to the memory of those individuals Dir., Calvary Hospital, Italian; Lt. Gen. GENERAL RUSSELL C. DAVIS whose lives were lost on September 11, 2001. Bryan D. Brown, Commanding General, US NECO’s annual medal ceremony and recep- Army Special Operations Command, Irish; tion on Ellis Island in New York Harbor is Jeanette Grasselli Brown, Chair, Ohio Board HON. BARBARA LEE the Nation’s largest celebration of ethnic of Regents, Hungarian; Maurice A. Buckley, OF CALIFORNIA pride. Representing a rainbow of ethnic ori- President & CEO, Irish Chamber of Com- IN THE HOUSE OF REPRESENTATIVES gins, this year’s recipients received their merce in the USA, English/Irish; Preston C. Wednesday, November 13, 2002 awards in the shadow of the historic Great Caruthers, General Partner, Carfam II Asso- Hall, where the first footsteps were taken by ciates, L.P., Scottish/English; Steven W. Ms. LEE. Mr. Speaker, I rise to recognize the millions of immigrants who entered the Casteel, Assist. Admin. For Intelligence, US Lieutenant General Russell C. Davis, who is U.S. in the latter part of the nineteenth cen- Dept of Justice, Dutch; Peter Castellana, Jr., retiring from the National Guard after forty-four tury. ‘‘Today we honor great ethnic Ameri- President & CEO, Western Beef, Inc., Irish/ years of exemplary service, as a member of cans who, through their achievements and Italian; Joseph R. Cerrell, Chairman & CEO, the US Air Force and National Guard of the contributions, and in the spirit of their eth- Cerrell Associates, Inc., Italian/French; Ste- nic origins, have enriched this country and phen Cherpelis, CEO, Stephen Cherpelis En- United States. terprises, Inc., Hellenic; Hon. Michael General Davis has had a distinguished ca- have become role models for future generations,’’ said NECO Chairman William Denis Chertoff, Assistant Attorney General, U.S. reer of service to our nation’s defense. He Department of Justice, Criminal Division, began his military career in the US Air Force Fugazy. ‘‘In addition, we honor the immigrant experience—those who passed through Russian/Polish; Stanley M. Chesley, Attor- in 1958 as an aviation cadet. While on active this Great Hall decades ago, and the new im- ney, Waite, Schneider, Bayless & Chesley duty, he served as a B–47 strategic bombard- migrants who arrive on American soil seek- Co., Ukrainian; Michael V. Ciresi, Partner & ment pilot at Lincoln Air Force Base, Ne- ing opportunity.’’ Chairman, Robins, Kaplan, Miller & Ciresi braska. He then joined the Iowa Air National Mr. Fugazy added, ‘‘it doesn’t matter how L.L.P., Italian; Anthony S. Colavita, Esq., Guard, where he transitioned to fighter pilot, you got here or if you already were here. Attorney and Councilman, Italian/Irish; Wil- Ellis Island is a symbol of the freedom, di- liam J. Collis, M.D., Founder & Ophthalmic and served in numerous command and staff Surgeon, Kentucky Eye Institute, Hellenic; positions, from squadron pilot to Director of versity and opportunity ingredients inherent in the fabric of this nation. Although many Martin E. Cooperman, Managing Partner, Operations. He commanded the 113th Tactical recipients have no familial ties to Ellis Is- Grant Thornton, Russian/Polish; Salvatore Fighter Wing prior to being appointed the land, their ancestors share similar histories J. Cumella, M.D., Executive Producer/Presi- Commanding General of the District of Colum- of struggle and hope for a better life here.’’ dent ‘‘Women to Women’’ Radio Show, bia National Guard. Established in 1986 by NECO, the Ellis Is- Cumella Professional Services Inc., Italian; General Davis is retiring from his current poland Medals of Honor pay tribute to the an- John C. Cushman III, Chairman, Cushman & sition as Chief, National Guard Bureau (NGB). cestry groups that comprise America’s Wakefield, Inc., English/Dutch. unique cultural mosaic. To date, approxi- Lucia Grieco Danzi, 100 years old, Italian; The President appointed him Chief, NGB, in Oscar Davis, Chairman, Hayward Industries, 1998. As Chief, NGB, he served as the senior mately 1500 American citizens have received medals. Inc., Hungarian; Gen. Raymond G. Davis, uniformed National Guard officer responsible NECO is the largest organization of its USMC, United States Marine Corps, Scot- for formulating, developing and coordinating all kind in the U.S. serving as an umbrella tish/German; Joseph J. DePaolo, President & policies, programs and plans affecting more group for over 250 ethnic organizations and CEO, Signature Bank, Italian; Thomas B. than half million Army and Air National Guard whose mandate is to preserve ethnic diver- Doolan, President & CEO, TBD & Associates personnel. As Chief, NGB, General Davis has sity, promote ethnic and religious equality, Inc., Irish; Harry A. Dorian Esq., Armenian; served as the Army and Air Forces’ official tolerance and harmony, and to combat injus- Thomas C. Eakin, President, Ohio Baseball Hall of Fame, Scottish/Irish/English; Marvin channel of communication with the governors tice, hatred and bigotry. NECO has a new goal in its humanitarian mission: saving the E. Eisenstadt, President, Cumberland Pack- and the Adjutants General of the states, com- lives of children with life-threatening med- ing Corp., Russian; Terrence A. Elkes, Prin- monwealths, territories and the District of Co- ical conditions. NECO has founded The Fo- cipal, Apollo Partners LLC, Russian/Polish; lumbia. rum’s Children Foundation, which brings Eugene C. Enlow, Chairman & CEO, Atlantic General Davis epitomizes the citizen-soldier. children from developing nations needing Detroit Diesel-Allison, German; Joseph An- His career has reflected his unswerving integ- life-saving surgery to the United States for thony Esposito, President & CEO, eResearch rity and high moral principles. He retires with treatment. Technology, Italian; John H. Eyler, Jr., over four thousand seven hundred flying hours Ellis Island Medals of Honor recipients are Chairman & CEO, Toys ‘R’ Us, Inc., English/ in bomber and fighter aircraft. His numerous selected each year through a national nomi- German/Irish; John Joseph Fareri, President, nation process. Screening committees from Fareri Associates, L.P., Italian; George N. awards and decorations serve as a testament NECO’s member organizations select the Faris, Chairman & CEO, American Inter- to his dedication, commitment, contributions, final nominees, who are then considered by national, Petroleum Corporation, Lebanese; and sacrifice. the Board Directors. John P. Ferguson, President & CEO, Hacken- It is our hope that you will join us as we sa- Past Ellis Island Medals of Honor recipi- sack University Medical Center, Irish/ lute Lieutenant General Russell C. Davis on ents have included several U.S. Presidents, Italian, Scottish; John Fitzpatrick, CEO,

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2003 Fitzpatrick Hotel Group N.A., Irish; Dewey Nicholas Andrew Natsios, Retired-Senior PAYING TRIBUTE TO ERIC Fong, Deputy Chief, New York City Police C.I.A. Official, Central Intelligence Agency, AUTOBEE Department, Chinese; Hon. Vito J. Fossella, Hellenic; ADM. Robert J. Natter, USN, Com- Member of Congress, U.S. House of Rep- mander-in-Chief, U.S. Atlantic Fleet, Aus- resentatives, Italian/Irish; Daniel Frasca, HON. SCOTT McINNIS trian/Scottish/Irish; Albert G. Nickel, Presi- Executive Director of Finance & Administra- OF COLORADO dent, Chairman & CEO, Lyons Lavey Nickel tion, New York State United Teachers, IN THE HOUSE OF REPRESENTATIVES Italian; Louis J. Freeh, Sr. Vice Chairman, Swift, German; Louis Nicozisis, President, MBNA, America, Italian/Irish/German; NICO Properties Group, Hellenic; Hon. Lyn- Wednesday, November 13, 2002 Clifford H. Friedman, Senior Managing Di- don L. Olson, Jr., Senior Advisor, Citigroup, Mr. MCINNIS. Mr. Speaker, it is with deep rector, Constellation Ventures, Russian. Swedish; Harry C. Orbelian, Conductor & sadness that I recognize the life and passing Andre P. Gambucci, Consultant to the Musical Director, Moscow Chamber Orches- President, The Acordia Cos Wells Fargo, of Corrections Officer Eric Autobee of Pueblo, tra, Armenian/Ukrainian; Vasilia (Bess) Italian; Joe Garagiola, Former Baseball Colorado. Eric lost his life in October and, as Player, TV Announcer, Joe G. Enterprises, Pappas, Director Hellenic Cardiac Fund for his family mourns his loss, I would like to pay Italian; Michael Gewitz, M.D., Professor & Children, Children’s Hospital Boston, Hel- tribute to his life and the wonderful memories Director. Dept. of Pediatrics, Children’s Hos- lenic; Michael F. Parlamis, President & CEO, he has left behind. pital At Westchester Med. Center, Russian/ Frank Parlamis Inc., Hellenic; Santo Eric attended Pueblo County High School Austrian/Slovakian; George Gialamas, Presi- Petrocelli, CEO, Petrocelli Electric Com- and went on to graduate from Pueblo Commu- dent & CEO, Gialamas Company, Hellenic; pany, Inc., Italian; John George Poles, Sen- nity College in 2000. It was his life’s ambition Matthew Goldstein, Chancellor, CUNY, Ro- ior Partner, Poles, Tublin, Patestides & manian/Polish/Austrian; John B. Goodman, to pursue a career in law enforcement, a goal Stratakis LLP, Hellenic; Albert T. Primo, Chairman, The Goodman Group, Russian/Ro- that became a reality when he was hired as a President & CEO, Eyewitness News Service, manian/Lithuanian; C. Flemming Heilmann, corrections officer the by Colorado Department Inc., Italian; Hon. A. Gail Prudenti, Pre- Principal, Banyan Projects, Danish; Werner of Corrections in 2001. Tragically, Eric lost his F. Hiller, Founder & President, The Hiller siding Justice, State of New York, Italian/ Family Foundation, German; John H. Hong, German; Anthony R. Pustorino, Professor life while on duty at the Limon Correctional fa- President, Hanmi Realty, Korean; Myung Emeritus, Pace University, Italian; Robert cility in October. Mike Hong, Chairman & CEO, Dura Coat C. Radice, Chairman & CEO (retired), Radice Throughout his 23 years, Eric lived his life Products, Inc., South Korean; Professor Corporation, Italian; John C. Rakkou, Presi- with a genuine happiness and compassion for James Jacobson, Associate Professor of Edu- dent & CEO, Interbank of New York, Hel- those who had the privilege to know him. Eric cation, Saint Peter’s College, Finnish; Euge- lenic; George Randazzo, Founder and Chair- displayed a distinct fondness for the outdoors nia Janke, Chairman, Tolstoy Foundation, and was an avid sportsman who loved the Russian; Kaija R. Kalervo, President, Amer- man of the Board, National Italian American ican Finnish Community Club, Inc., Finnish; Sports Hall of Fame, Italian; Hon. Edward D. land and enjoyed the vast Colorado moun- Professor Andrew G. Kampiziones, Professor Re, Chief Judge Emeritus, US Court of Inter- tains. He lived his life with honor and integrity, of Philosophy, Francis Marion State Univer- national Trade, Italian; Dr. Arthur Lachlan and always displayed genuine respect and sity, Hellenic; Hon. Marcy Kaptur, Member Reed, Lachlan International, Scottish; Mona courtesy to his fellow citizens and the inmates of Congress-9th District U.S. House of Rep- Romain, Assistant Treasurer, United Federa- that he protected. resentatives, Polish; James G. Kennedy, tion of Teachers, West Indian; Michael L. As a former law enforcement officer, I am President, James G. Kennedy & Co., Inc., well aware of the dangers and hazards our Irish/French; Joseph Kisup Kim, President, Royce, Acting President, Pennsylvania Sta- Kim’s Jewelers, Korean; William C. Korner, tion Redevelopment Corp., Polish/Russian; police officers face today. These individuals President & CEO, Prinexus, Scottish/English; Charles J. Santelli, Director of Policy & work long hours, weekends, and holidays to Gust C. Kraras, President & CEO, KCK & Program Development, New York State gurantee the safety of their fellow citizens. GCM, Inc., Hellenic; Kent Kresa, Chairman & United Teachers, Italian; Chief Michael They work tirelessly with great sacrifice to CEO, Northrop Grumman Corp., German; Scagnelli, Chief of Transportation, N.Y.P.D., their personal and family lives to ensure our Robert I. Kuperman, Chairman & CEO, DDB/ freedoms remain strong in our homes and New York, Russian. Italian; Hon. Chris Victor Semos, Former Joseph R. Lagana, President & CEO, Governmental Consultant, Hellenic; Phillip communities. Their service and dedication de- United States Information Systems, Inc., J. Shapiro, President & CEO, Liberty Mari- serves our recognition and thanks, and that is Italian; Joseph J. Lagano, President & time Corp., Russian/Polish; Rhona Hope Sil- why I pay tribute to the life and service of offi- Founder, J. Lagano Family Foundation, ver, CEO, Rhona Silver’s Huntington Town- cer Eric Autobee here today. Italian; Louis E. Lataif, Dean—School of house, Russian/Polish; James L. Singleton, Mr. Speaker, it is with heartfelt respect that Management, Boston University, Lebanese; President, The Cypress Group LLC, Irish/ I stand today to recognize Eric Autobee before Br. Robert E. Lavelle, C.S.C, Headmaster, Portuguese; Hon. Dean G. Skelos, Senator, this body of Congress and this nation. I extend Gilmore Academy, Irish; Josephine LeBeau, my sincere condolences to his parents, Bob Executive Director Vice President, AFSCME New York State Senate Deputy Majority International, French/Creole; Professor Heo- Leader, Hellenic; Edward D. Soma, M.D., and Lola, grandparents, Benito and Grace, Peh Lee, President & CEO, Shie-Jie Enter- Lebanese; Hon. Michael Sotirhos, US Ambas- brother Scott, sister Bernadette and girlfriend prises Group, Chinese; Joe (McCoy) Lenti, sador (Retired), Hellenic; George W. Souvall, Michelle. Eric lived his life with honor and Vice President/Program Director, WCBS–FM President, Leisure Management Corporation, served the community of Pueblo with distinc- Radio, Italian; Mark M. Lii, President, Ten Hellenic; Dean A. Spanos, President, San tion. His loss will be deeply felt, and a grateful Ren Tea & Ginseng Co., Inc., Chinese; Dr. Diego Chargers, Hellenic; Daniel J. ‘‘Rusty’’ nation will be forever in his debt. Johnny M.J. Lu, President, Lucoral Co., Inc., Staub, Chairman, NYP & Firefighters’ Chinese; William Lucy, International Sec- f Widow & Childrens Benefit Fund, German/ retary-Treasurer, AFSCME, African; Martin HONORING DAPHNE JEFFERSON J. Maddaloni, General President, United As- Irish; Hon. Joseph A. Suozzi, Senior Partner, sociation of Plumbers & Pipefitters, Italian; Meyer, Suozzi, English & Klein, P.C., Italian; Farah B. Majidzadeh, CEO & Chairperson, Laurence M. Traub, President, Intermetal HON. MARK UDALL Resource International, Inc., Iranian; Lt. Corporation, Russian/Lithuanian/Byelo- OF COLORADO Gen. Dan K. McNeill, Commanding General russia; Savey Tufenkian, Executive Vice IN THE HOUSE OF REPRESENTATIVES United States Army, XVIII Airborne Corps & President (Retired), Western Waste Indus- Wednesday, November 13, 2002 Ft. Bragg, Scottish; Frank Meehan, Inter- tries, Armenian; Rajendra B. Vattikuti, national Vice President & President, Founder & Co-Chairman, Covansys, Asian In- Mr. UDALL of Colorado. Mr. Speaker, I rise UFCW—Local 1500, Irish; John R. Miller, Vice Chairman, KPMG, Welsh/English; Mat- dian; Antonio ‘‘Nino’’ Vendome, CEO, today to recognize Daphne Jefferson for her thew Mirones, Assemblyman, Hellenic; Al- Vendome Group, Italian; Hon. James T. dedication and diligence in my office over the fred T. Mockett, Chairman & CEO, AMS, Walsh, Member of Congress N.Y. 25, Irish; past year. English; Ralph Salvatore Mosca, M.D., Direc- David Walters, Former Governor of Okla- An employee of the Federal Aviation Admin- tor of Pediatric Cardiac Surgery, Children’s homa/President, Walters Power Inter- istration, Daphne was selected for a legislative Hospital of New York, Italian/Irish/German; national, German/French/Swiss; Dr. Ruth fellowship under the auspices of the Brookings John P. Moses, Esq., Moses and Gelso, Leba- Westheimer, Professor/Author/Therapist, Institution, and I have had the benefit of her nese; Murlan J. Murphy, Jr., Principal, JTM German; Major General George N. Williams, assignment to my office. Company, Irish; Mike Mehmet Mustafoglu, Commander, 21st U.S. Air Force, Hellenic; Chairman & CEO, Transglobal Financial Cor- In 1996 Daphne started at the FAA as a Su- poration, Turkish; A. Maurice Myers, Chair- George C. Zoley, Vice Chairman & CEO, pervisory Air Traffic Control Specialist in man, President & CEO, Waste Management, Wackenhut Corrections Corporation, Hel- Miami, Florida. Her career with the FAA has Danish/Austrian. lenic. lasted more than fifteen years. During that

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2004 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 time she has worked as Associate Program dents, their families, and the nearby commu- people in need, not only locally but nationally Manager for Requirements in Washington, nity. She accessed national and local organi- as well. I urge my colleagues to Join me in DC, an Air Traffic Manager in Dayton, OH and zations to address the needs of her students wishing Dave McDonald many more years of most recently served as a Branch Manager for and staff. As an innovator, Ms. Rosa under- continued success. FAA in Washington, DC. Before joining the stands the need for smaller learning commu- f FAA Daphne was the assistant to the Vice nities and restructured P.S. 30 into a number President at a small minority owned bank and of small academies within one school. These A PROCLAMATION HONORING MR. also was responsible for managing the student smaller communities allow for individual atten- AND MRS. FELLABAUM ON loan profile. tion to students as well as time for teachers to THEIR 50TH WEDDING ANNIVER- Daphne was born in Chicago, IL, but grew develop and implement more effective teach- SARY up in Jacksonville, FL and thinks of Florida as ing methods. Teachers from P.S. 30 describe her home. She recently received her Masters Ms. Rosa as a nurturing and strong leader. HON. ROBERT W. NEY in Public Administration in the Key Executive Her faith in her teachers allows them to per- OF OHIO Program from the American University, and form at their highest capacity and to grow as IN THE HOUSE OF REPRESENTATIVES was awarded her Bachelor of Science from educators. Wednesday, November 13, 2002 Embry-Riddle Aeronautical University in Mr. Speaker, beyond running a huge public Mr. NEY. Mr. Speaker, whereas, Eddie and Miami, FL. elementary school at a high-performing level Betty Fellabaum were united in marriage No- While working in my office Daphne has and serving on a number of community plan- vember 16, 1952, and are celebrating their been primarily responsible for covering trans- ning boards, Ms. Rosa was a loving wife for 50th anniversary this year; and portation, federal employment, and banking many years and a mother and grandmother. Whereas, Eddie and Betty have dem- and housing issues. Her analysis of issues is She has also been a devoted friend to many. onstrated a firm commitment to each other; always thorough and professional. Daphne’s It is rare to encounter people with as much and years of experience at the FAA have provided genuine compassion and leadership acumen Whereas, Eddie and Betty must be com- invaluable insight regarding the real-world ef- as Ms. Aida Rosa, and I am grateful to have mended for their loyalty and dedication to their fect of transportation legislation. Her under- had her as a school leader in my district and family; and standing of transportation has been especially as a comrade for so many years. I ask my col- Whereas, Eddie and Betty have proven, by important and helpful this year, as the Con- leagues to join me in wishing her rest and re- their example, to be a model for all married gress and Administration have been working laxation upon her retirement from an excep- couples. to make air transportation more secure in the tional career. Therefore, I join with the residents of the en- wake of the terrorist attacks. f tire 18th Congressional District of Ohio in con- From her first day, Daphne exhibited a gratulating Eddie and Betty Fellabaum as they RECOGNIZING DAVE L. MCDONALD friendly demeanor and professional attitude. In celebrate their 50th Wedding Anniversary. her short time in my office she has made an f inestimable contribution to the Udall team. She HON. GEORGE RADANOVICH is appreciated and respected by the entire of- OF CALIFORNIA TRIBUTE TO CENTENNIAL JUNIOR fice as a highly professional and dependable IN THE HOUSE OF REPRESENTATIVES HIGH SCHOOL NINTH GRADE colleague and friend. Daphne has been a Wednesday, November 13, 2002 CLASS great asset to my office and I am sorry to see Mr. RADANOVICH. Mr. Speaker, I rise her move on. However, I am confident that today in recognition of Dave McDonald upon HON. SCOTT McINNIS she will continue to contribute immensely to his receipt of Central Valley Muscular Dys- OF COLORADO our nation as she continues her career. trophy Association’s ‘‘Humanitarian of the IN THE HOUSE OF REPRESENTATIVES f Year’’ award in Fresno, California on Novem- Wednesday, November 13, 2002 TRIBUTE TO AIDA ROSA ber 7, 2002. Mr. McDonald is being recog- Mr. MCINNIS. Mr. Speaker, it is with sincere nized for his leadership, humanitarian efforts, enthusiasm that I recognize the ninth grade and dedication to the community. class of Centennial Junior High School in HON. JOS[Eacute] E. SERRANO Mr. McDonald is the President and CEO of OF NEW YORK Montrose, Colorado. The ninth grade class is PELCO, the world’s largest producer of video IN THE HOUSE OF REPRESENTATIVES currently producing a documentary video to security systems, as well as Central Califor- help educate homeowners on ways to protect Wednesday, November 13, 2002 nia’s largest manufacturing employer. PELCO their homes from forest fires. Today, I would Mr. SERRANO. Mr. Speaker, I rise today to produces 3,500 different products which are like to recognize the ninth grade class for the pay tribute to a great educational activist and sold through 5,000 authorized dealers in the outstanding service they are providing to the humanitarian. Ms. Aida Rosa, an innovative United States and abroad. Since its beginning, State of Colorado and all those in danger of educator and leader is retiring as principal of the company has gown thirty-fold under Mr. forest fires. Public School 30 in the South Bronx after McDonald’s supervision. In June of last year, Colorado was dev- many years of leadership and service. Following the disastrous events of Sep- astated by some of the worst forest fires in our Born in Rio Piedras, Puerto Rico, Ms. Rosa tember 11, 2001, Mr. McDonald and PELCO state’s history. The Missionary Ridge and came to New York in 1949 as a young child. assisted the NYPD in its recovery efforts at Hayman fires not only destroyed several of She attended New York City public schools the World Trade Center site by donating spe- Colorado’s wilderness areas but also valuable and went on to earn advanced degrees from cialized camera equipment and personnel. Ad- private property. Today, the ninth grade class New York City universities. She is a disserta- ditionally, the company’s warehouse in from Centennial Junior High School, with the tion away from earning a PhD from the es- Orangeburg, New York was converted into a help of their film crew, representatives from teemed Fordham University. Ms. Rosa began distribution center for relief supplies. In No- Bureau of Land Management and Montrose her career as an advocate for education and vember of 2001, PELCO created the California County firefighters, are making a movie to young people early in life and has never taken Memorial in Clovis as a permanent tribute to demonstrate steps that citizens can take to a break. Her tenacity and passion have not the victims and fallen heroes from September protect their homes from forest fires. ebbed in all these years and many would 11. The memorial contains hundreds of items Along with producing the documentary, the argue that they have only grown more intense. donated by the city of New York in remem- ninth grade class is also learning valuable les- Mr. Speaker, Ms. Rosa strongly believes in brance of the events of September 11. sons in fire ecology and resource manage- community coalitions, in which various actors In March of 2002, Mr. McDonald was hon- ment. The students are being taught about for- in the community pool their resources so that ored by the New York City Fire Department as est fuel reduction of the many different types endeavors are multilateral and more effective. the Grand Marshall for the St. Patrick’s Day of fire resistant building materials that can help She has always emphasized the importance of Parade. In May of 2002, Mr. McDonald also protect homes in the event of a forest fire. By parents, educators, the community, and the received the Excellence in Business Award for taking what they have learned in their classes students themselves working together to en- the Fresno Hall of Fame in recognition of his and using it to educate others throughout the sure that young people receive quality edu- dedication to local businesses and his commu- country, the ninth graders at Centennial Junior cation and attain their goals. nity. High School are making an incredible dif- As the principal of P.S. 30, Ms. Rosa se- Mr. Speaker, I want to congratulate Dave ference in the effort to reduce the destructive- cured numerous services to assist her stu- McDonald for his contributions to the many ness of forest fires. ––

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2005 Mr. Speaker, it is with great pride that I rec- New Yorkers by empowering older adults to denced by her many activities and board ognize the Centennial Junior High School advocate on their own behalf. JPAC educates memberships. At home, she has been a tire- ninth grade class before this body of Congress older adults on legislative and consumer less promoter of economic growth and science and this nation for their outstanding service to issues, in addition to providing them with im- education. She helped create and advocate a the State of Colorado and this country. The portant information on benefits and entitle- vision for the Tri-Cities that calls on everyone documentary video they are producing will be ments for which they may be eligible. JPAC to stretch the limits of what is possible. She distributed nationwide, providing indispensable has enabled a growing number of older people serves on the board of directors of the Kadlec guidance to a countless number of Americans. to participate in efforts to influence public pol- Medical Center, the United Way of the Ben- There is no telling how many homes and lives icy while leading senior centers around the ton-Franklin Counties, the Tri-City Industrial their efforts will save in the years ahead. I city to incorporate education and advocacy Development Council and the Three Rivers thank them for their dedication to their com- into its programs in innovative ways. Over the Community Roundtable and the Junior munity and our environment. years, JPAC has come to play a significant Achievement of the Greater Tri-Cities. For the f role in promoting cooperation within the aging State of Washington, she is a member of the community around issues of shared concern. Washington Roundtable and serves on the TRIBUTE TO THE NATIONAL RE- Among the programs I find most valuable is Washington Technology Alliance Board. NEWABLE ENERGY LABORATORY JPAC’s ten-week intensive leadership training I want to thank Lura for her leadership these program, known as the Institute for Senior Ac- past two and a half years and to wish her, her HON. MARK UDALL tion. For eight years, the Institute for Senior husband, Art, and her daughters much happi- Action has given seniors the skills necessary ness and good health. I hope they will make OF COLORADO their home in the Tri-Cities so that we may all IN THE HOUSE OF REPRESENTATIVES to become more effective advocates in our community. Having had the opportunity to join continue to benefit from their involvement. Wednesday, November 13, 2002 JPAC at several of the Institute’s graduation f Mr. UDALL of Colorado. Mr. Speaker, I rise ceremonies, I have seen firsthand the pride, INTRODUCTION OF H.R. 5712 to call attention to another achievement of the enthusiasm, and commitment to the commu- National Renewable Energy Laboratory, based nity that JPAC’s programs instill in partici- HON. ROBERT A. BORSKI in Golden, Colorado. It is appropriate that on pants. OF PENNSYLVANIA its 25th anniversary, the National Renewable From consumer protection, to community IN THE HOUSE OF REPRESENTATIVES Energy Laboratory (NREL) has garnered yet safety, to health care and coverage, JPAC has another award recognizing its contributions to contributed to the quality of life of all New Wednesday, November 13, 2002 the development of clean energy technologies. Yorkers. I congratulate JPAC’s staff, leader- Mr. BORSKI. Mr. Speaker, I am very In its December issue, Scientific American ship and volunteers on a quarter century of pleased to introduce today H.R. 5712, a bill to magazine has named NREL one of the Sci- success, and I wish them the very best for the improve roadway safety for motorists, entific American 50—the magazine’s first list future. bicyclists, pedestrians and workers in prox- recognizing annual contributions to science f imity to vehicular traffic. In this Congress we have spent, and likely and technology that provide a vision of a bet- TRIBUTE TO DR. LURA POWELL ter future. for years to come will spend, a great amount NREL, along with Spectrolab Inc., was se- HON. DOC HASTINGS of time trying to secure our homeland from ter- lected by the magazine for its work in increas- rorist threats. But, we will never be truly se- OF WASHINGTON ing the efficiency of photovoltaic solar cells. cure, if our families and communities continue IN THE HOUSE OF REPRESENTATIVES NREL’s research into multi-junction solar cells to face daily the risk of disabling or life threat- for more than a decade has led the way to Wednesday, November 13, 2002 ening motor vehicle crashes—today’s leading ever more efficient cells, offering the potential Mr. HASTINGS of Washington. Mr. Speak- killer of American young people. Motor vehicle of cheaper electricity from the sun. er, two years ago, Battelle selected a new crashes kill more than 42,000 people and in- The magazine noted that all the recipients leader for the Pacific Northwest National Lab- jure more than 3 million people every year. of the Scientific American 50 have ‘‘dem- oratory in my home community of the Tri-Cit- These crashes cost our economy more than $230.6 billion a year or an average of $820 for onstrated clear, progressive views of what our ies, Washington. She came to our Washington from a distinguished government career in the every person living in the United States. technological future could be, as well as the We have learned a great deal about making ‘‘other’’ Washington, the Nation’s Capitol, as leadership, knowledge and expertise essential our roadways safer for the traveling public, to realizing those visions.’’ director of the Department of Commerce’s Ad- since we began the national Interstate con- I continue to be proud of the tremendous vanced Technology Program. Her tenure struction program nearly fifty years ago. contributions that the National Renewable En- there, and her training as an analytical chem- Among the most successful federal safety pro- ergy Laboratory has made—to Colorado, our ist, brought unique talent to serve this labora- grams is the Section 130 Railway-Highway country, and our world. Congratulations to all tory. She is also the first woman selected to Grade Crossings program. The U. S. Sec- at NREL on this important award. serve as director of the Pacific Northwest Na- retary of Transportation’s ‘‘1996 Annual Report f tional Laboratory. I am, of course, speaking to Congress’’ found that this single program about Dr. Lura Powell. Dr. Powell announced IN HONOR OF THE JOINT PUBLIC prevented 8,500 fatalities and 38,900 non-fatal recently that she will step down as director at injuries since 1974. This Report also stated AFFAIRS COMMITTEE FOR the end of this year, and I want to thank her OLDER ADULTS that fatal, nonfatal-injury, and combined fatal- for her commitment and leadership in the plus-nonfatal-injury accident rates have been community. reduced by 87, 64 and 68 percent, respec- HON. JERROLD NADLER Among her accomplishments, Lura will be tively. The Department of Transportation no OF NEW YORK remembered for her commitment to leverage longer compiles this data, but the program IN THE HOUSE OF REPRESENTATIVES the capabilities of the Laboratory to develop continues to save lives everyday. academic partnerships in the region. While Di- Wednesday, November 13, 2002 We have much work ahead of us to improve rector, she signed Memorandums of Under- further roadway safety in America. This bill Mr. NADLER. Mr. Speaker, I rise today to standing with the University of Washington for that I am introducing today will expedite the honor the Joint Public Affairs Committee for the Institute for Nanoscience, the Joint Insti- use of proven solutions to reduce the likeli- Older Adults on the occasion of its 25th anni- tute for Cell Signaling, and the Center for hood of crashes, injuries, and fatalities and I versary. Since 1977, JPAC has been com- Global Security; a Northwest Bioproducts Re- urge its rapid adoption. mitted to ensuring a voice for older New York- search Institute with Washington State Univer- Since their inceptions, the Section 130 pro- ers in community change and the policy-mak- sity, University of Idaho, and the Idaho Na- gram and the Section 152 Hazard Elimination ing processes that affect their lives. I have tional Engineering and Environmental Labora- program have made available to States signifi- been proud to stand with JPAC many times tory; and The Collaborative Research and cant funding to reduce risks on dangerous through the years, and it is my great pleasure Education program with Oregon State Univer- roadways. Increasing State flexibility and re- to congratulate JPAC on this occasion and to sities and the Oregon Health Sciences Univer- allocating, funding; clarifying and expanding join their celebration. sity. project eligibility, and improving data collec- For 25 years, JPAC’s citizen leaders have Dr. Powell’s commitment to the Tri-Cities tion, analysis, and reporting will further en- worked tirelessly to improve the lives of all community and the state of Washington is evi- hance their effectiveness.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2006 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 This legislation will improve the safety of that target real safety problems and produce IN HONOR OF THE LATE SER- workers whose duties place them on or near real safety benefits. Under the bill, Section GEANT JAMES P. CONNOR, DELA- a federal-aid highway and will maintain the 152 projects must reduce the likelihood of the WARE MEDAL OF HONOR, RE- free flow of vehicular traffic. Workers who most frequent types of crashes and risk fac- CIPIENT wear high visibility garments in such risky en- tors—road departures, intersections, pedes- vironments greatly reduce the chance of a ve- trians, bicycles, older drivers, or construction HON. MICHAEL N. CASTLE hicle collision and subsequent serious injury. work zones. OF DELAWARE Vehicle collisions are one of the most frequent IN THE HOUSE OF REPRESENTATIVES causes of traffic congestion and place large Another new State optional use of Section demands on scarce police, fire, and emer- 152 funds in the bill is police assistance for Wednesday, November 13, 2002 gency response personnel. Actions that re- traffic and speed management in construction Mr. CASTLE. Mr. Speaker, I rise today to duce the likelihood of crashes also reduce work zones. Experience around the country pay tribute to the late Sergeant James P. Con- congestion and these resource demands. shows that the presence of even one marked nor, Delaware’s 14th Medal of Honor winner The major provisions of the legislation are police vehicle greatly increases motorists’ and the only Medal of Honor recipient to be funding provisions, program eligibility, data buried at the Delaware Veterans Memorial compliance with construction work zone traffic collection and analysis, and worker protection. Cemetery in Summit, Delaware. To increase State flexibility and reallocate patterns and speed limits, thereby increasing This medal was presented to Sergeant Con- funding, the bill eliminates the confusing 1991 safety for both workers and motorists and im- nor, in honor of his distinguished service to reference that annually sets Section 130 at proving mobility. this country during WWII. The Medal of Honor, $155 million and Section 152 at $162 million. No program can run efficiently and effec- since its inception after the Civil War, remains Some viewed the provision as a limit of funds tively without accurate and timely data and the country’s highest military decoration. available for important safety improvements, analysis. This bill replaces the annual report Sergeant Connor was Delaware’s only living rather than as a minimum as intended. The bill referenced above that Congress terminated Medal of Honor recipient, having received the eliminates the ‘‘Optional Safety’’ category and medal for his dedication and leadership to his with a new biennial report about both the Sec- splits funding equally for the two programs. men on a campaign to protect an Allied land- Also, the legislation changes the minimum tion 130 and Section 152 programs, without ing during WWII. After being seriously wound- Section 130 funding level for protective de- creating, an unfunded mandate. With these ed by a hanging mine, Sergeant Connor con- vices, such as grade crossing gates and sig- amendments, States can use these funds to tinued to lead his troops onto a French beach, nals, from a floating 50 percent to a fixed fulfill all data compilation, analysis, and report- in order to knock out the German positions. In $150 million per year. This provision increases ing requirements. The Secretary of Transpor- the midst of additional assaults, Sergeant options for the States, because $150 million is tation will summarize State projects and Connor’s troops achieved their objective and less than the current 50 percent share. spending, analyze the effectiveness of the captured 40 prisoners. Following his retire- I want to emphasize that the funding provi- projects in achieving program goals, assess ment from the military, Sergeant Connor con- sions in this bill maintain the flexibility States the adequacy of funding and spending relative tinued to be very active in helping to ensure currently have to transfer up to 25 percent of to the need for safety improvement projects, that other Delaware veterans would be re- the difference between the fiscal year 1997 membered. and recommend funding and program im- funding level and the current funding level out On November 13, 2002, the Delaware Com- of the Sections 130 and 152 programs to provements to continue reducing the number mission of Veterans Affairs will hold a cere- other projects States want to give higher pri- of high hazard locations. mony to dedicate the circular drive and unveil- ority. Transferred funds are available for Inter- Finally, the bill directs the Secretary of ing of a historical marker at the Delaware Vet- state Maintenance, Congestion Mitigation and Transportation to issue a rule requiring work- erans Memorial Cemetery, in honor of Ser- Air Quality (CMAQ), National Highway System ers who work on or near a federal-aid highway geant James P. Connor. (NHS), Highway Bridge Replacement and Re- to wear high visibility garments. The Secretary Mr. Speaker, allow me to recognize today, habilitation Program (Bridge), and Rec- may also require other worker safety-related Sergeant James P. Connor, for his valor and reational Trails. For example, in fiscal year commitment to his Country and as an out- items deemed appropriate. 2002, States collectively could transfer up to standing United States citizen and Delaware $92 million. If my bill had been enacted, Roadway construction zone crashes killed resident. States would still have been able to transfer 1,079 people in 2001, up from less than 800 At a time when our Country is facing the that same $92 million as they see fit. in 1995, according to the U.S. Department of possibility of war, it is very fitting for us to re- This legislation makes several improve- Transportation. Factors contributing to the in- member Sergeant James P. Connor, a soldier ments related to the eligibility of projects for crease in fatalities include construction work who was tremendously dedicated to pre- funding under Sections 130 and 152. First, in being done in traffic and on compressed serving our Country’s freedoms. His commit- the definition of a safety improvement project, schedules requiring more night work, In just ment to the United States during World War I include, as another option for States, installa- 11 has earned him a permanent place in Dela- five years (from 1995 to 1999), work zone tion and maintenance of fluorescent yellow- ware’s and our Country’s history, and I want to green signs at pedestrian and bicycle cross- crashes injured about 39,000 people. commend and thank his family for sharing his ings and school zones. The current ‘‘Manual This rulemaking provision levels the playing tale of heroism with us. on Uniform Traffic Control Devices’’ permits ei- field for contractors bidding on projects on or f ther yellow or fluorescent yellow-green pedes- near federal-aid highways. Contractors will no TRIBUTE TO SHERIFF RIECKE trian, school, and bicycle crossing signs. Fed- longer have an incentive to skimp on the avail- eral, State, and local government studies indi- CLAUSSEN ability of workers’ high-visibility garments so cate that fluorescent yellow-green signs, com- they can underbid other contractors. pared to yellow signs, increase motorists’ HON. SCOTT McINNIS awareness of highway crossings and allow The bill also recognizes that not only con- OF COLORADO motorists to recognize the crossing signs with struction workers are at risk from vehicular IN THE HOUSE OF REPRESENTATIVES greater accuracy at up to 40 percent greater traffic. Roadway and roadside maintenance Wednesday, November 13, 2002 distances. Any signs installed under this workers, as well as some utility workers and amendment would have to comply with the others, frequently perform duties that put them Mr. MCINNIS. Mr. Speaker, it is my privilege to take this opportunity to honor Sheriff Riecke ‘‘Manual on Uniform Traffic Control Devices.’’ at high risk of injury from passing motorists. The bill further builds on the Section 130 Claussen of Mesa County, Colorado on the High visibility garments, such as retroreflective program’s success to date in increasing the occasion of his retirement from the Mesa number of at-grade railway-highway crossings vests, help motorists see these workers while County Sheriff’s Office. Sheriff Claussen has with protective devices and signage by includ- drivers can still take precautions to avoid colli- given countless hours of service to the coming maintenance of protective devices as an sions. munities of Mesa County over the years and eligible use of funds. Mr. Speaker, I urge my colleagues to move I am honored to pay tribute to him today be- To curb overly expansive interpretations of quickly to improve the safety of America’s fore this body of Congress and this nation. the current Section 152 program, the bill clari- roadways. Riecke is a homegrown leader, growing up fies that this money is reserved for projects in the Grand Valley, graduating from Mesa

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2007 State College, and working his way up the TRIBUTE TO ‘‘DESTINATION DE- PAYING TRIBUTE TO DURANGO/LA ranks of the Mesa County Sheriff’s Office. TROIT’’ MAGAZINE, EDITED BY PLATA COUNTY AIRPORT After obtaining his certification from the Colo- DIANE EDGECOMB rado Peace Officers Standards and Training HON. SCOTT McINNIS Board, Riecke began working for the Sheriff’s OF COLORADO Office in 1971 as a Patrol Deputy. In 1974, HON. NICK SMITH IN THE HOUSE OF REPRESENTATIVES Riecke was promoted to Sergeant and then to OF MICHIGAN Wednesday, November 13, 2002 Investigator in 1976. After eight years in that IN THE HOUSE OF REPRESENTATIVES position, Riecke was tapped to become the Mr. MCINNIS. Mr. Speaker, it is with great Lieutenant in charge of Investigations. Then, Wednesday, November 13, 2002 pride that I rise today to recognize the men in 1990, he was elected to Sheriff and began and women of Durango/La Plata County Air- Mr. SMITH of Michigan. Mr. Speaker, I’d like port for their service and dedication during one his twelve distinctive years in that post. With to bring to the attention of my colleagues the over 30 years of service to the residents of of Colorado’s most formidable fire seasons. Fall 2002 issue of ‘‘Destination Detroit,’’ which Last summer, the men and women of the Du- Mesa County, Sheriff Claussen’s positive im- is edited by a friend with much wisdon, Diane pact on the Grand Valley is immeasurable. rango/La Plata County Airport played an inte- Edgecomb. Diane was the editor in chief of gral role in containing the Missionary Ridge Riecke has always been highly active in the this issue, which focuses on water quality and forest fire that burned over 70,000 acres in community and state, and with the help of his water availability and the challenges that we Southwestern Colorado. Today, I would like to wife, Nancy, has raised their daughter Lisa in will face in coming decades. pay tribute to their heroic efforts before this the Grand Valley. He has also contributed to One of the themes of this publication that I’d body of Congress and this nation. several professional organizations and serves like to touch on briefly is the idea that we When the Missionary Ridge fire first erupted as a board member of the Peace Officers need to work worldwide, if we are to help en- last June, the citizens of Durango, Bayfield Standards and Training Board, the Rocky sure that everyone has access to a sustain- and the surrounding communities called upon Mountain High Intensity Drug Trafficking Area able supply of fresh water. The importance the Durango/La Plata County Airport to protect Executive Board, the Colorado Attorney Gen- that water has in our lives and the complica- their loved ones, homes, and communities eral’s Victim Assistance Project Board, and tions that arise when there are shortages dic- from what would become the worst fire in area the County Sheriff’s of Colorado Board. tates that we find a solution that transcends history. The fire began in a ditch beside Mis- Mr. Speaker, it is an honor to recognize borders. I believe that if there is additional ac- sionary Ridge Road just 15 miles northeast of Sheriff Riecke Claussen before this body of tion that we as Americans can take to help Durango and grew to consume more than Congress and this nation for his outstanding educate and make this goal a reality it will bet- 70,000 acres, 56 residences, and 27 out- leadership and impeccable character. The citi- ter serve us in the long run. buildings. zens of Mesa County have certainly been hon- Although the Missionary Ridge fire was a ored by the service of Sheriff Claussen and, Also included in the magazine is an interesting article about how Geographic Informa- devastating reminder of how destructive forest as he moves into retirement, I look forward to fires can be, it also served to remind us of the seeing Riecke continue as an important asset tion Systems (GIS) have improved our ability to manage water resources. GIS is a com- men and women who risk their lives to protect to Colorado and the communities of the West- their fellow citizens on a daily basis. The Du- ern Slope. prehensive mapping tool that allows us, among other things, to assess the volume of rango/La Plata County Airport aided fire- a region’s water supply and locate the fighters with slurry bombings to help contain f source(s) of that water. Using this tool we can fires that were too severe to contain from the TRIBUTE TO MICHAEL J. BUCKLEY anticipate problems and develop innovative ground. They also provided valuable medical solutions before there is a crisis. supplies to fire fighters who had been injured during the event. I would encourage every member of Con- HON. ROBERT W. NEY Mr. Speaker, it is with sincere admiration gress to take the time to review the Fall 2002 that I recognize the men and women of Du- OF OHIO issue of ‘‘Destination Detroit’’ for themselves. I rango/La Plata County Airport before this body IN THE HOUSE OF REPRESENTATIVES have sent copies to the relevant committees of Congress and this nation. I want to com- and there are copies available in both the Re- Wednesday, November 13, 2002 mend everyone at the Durango/La Plata Air- publican and Democratic Cloakrooms. Mr. NEY. Mr. Speaker, on the occasion of port for their determination, courage, and re- his retirement at the end of this year, we rise solve during last summer’s efforts on Mis- f to thank Mr. Michael J. Buckley for his out- sionary Ridge. Without the help of the men standing service to the U.S. House of Rep- PROCLAMATION HONORING BRENT and women of the Durango/La Plata Airport resentatives over the past 26 years. LANER and others, the added devastation to our com- Over the years, Mike has made significant munity, environment, and quality of life would improvements to the financial management of have been unimaginable. Their tireless com- the U.S. House of Representatives. He began HON. ROBERT W. NEY mitment throughout the last summer’s fire sea- his career with the House on January 18, OF OHIO son has served as an inspiration to us all and 1977, and served this great institution in nu- it is an honor to represent such an outstanding IN THE HOUSE OF REPRESENTATIVES merous capacities, most notably in financial group of Americans in this Congress. positions within the offices of the Clerk of the Wednesday, November 13, 2002 f House and the Chief Administrative Officer. Mr. NEY. Mr. Speaker, whereas, Brent GREAT LAKES AND LAKE During the past six years, Mike has served as Laner has exemplified leadership for the Ohio CHAMPLAIN ACT OF 2002 the Budget Director for the Office of Finance. Highway Patrol as a state trooper for 25 In this position, he has provided financial guid- years, serving with distinction at the New SPEECH OF ance to every entity of the House, assisting Philadelphia post for 15 years; and with such critical functions as projecting an- HON. JOHN J. DUNCAN, JR. nual budgetary requirements and monitoring Whereas, Brent Laner was chosen five OF TENNESSEE House expenditures to ensure compliance with times by his fellow officers to receive their IN THE HOUSE OF REPRESENTATIVES laws and regulations. Mike’s financial exper- post Trooper of the Year award and is to be Tuesday, November 12, 2002 commended for his hard work, devotion to tise has enabled House entities to maximize Mr. DUNCAN. Mr. Speaker, included in Title duty, and willingness to serve our community; the availability of funds to support critical III of the Senate Amendment to H.R. 1070 is and House operations. an authorization of $1 million for the Adminis- On behalf of the entire House community, Whereas, Brent Laner has been an enthusi- trator of the Environmental Protection Agency we extend congratulations to Mike for his astic and loyal public servant in the Ohio High- to establish a center for Brownfields Excel- many years of dedication and outstanding way Patrol for Ohio’s citizens; lence. contributions to the financial management of Therefore, I join with the residents of the en- The purpose of this center is to demonstrate the House. We wish Mike and his wife Robin tire 18th Congressional District in congratu- opportunities for public-private partnerships many wonderful years in fulfilling their retire- lating Brent Laner on his retirement after 25 and regional cooperation to facilitate the rede- ment dreams. years of public service to the Ohio community. velopment of closed Federal facilities, the

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2008 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 transfer of technology from the public sector to to Mr. Rocco on December 12, 1974. The I challenged those students attending the the private sector, and the return of such prop- medal requires even generals to salute its re- summit in Dubuque to become active in their erty and technology to productive use. cipients. local areas and to let me know about their ex- A prime example of this activity can be Louis Richard Rocco, a native of the periences. I asked them to perform some sort found in East Tennessee. The closure of Barelas neighborhood of Albuquerque, retired of service to enhance the communities they major portions of Oak Ridge stranded a very from the Army as a chief warrant officer in call home. skilled workforce and abandoned a great deal 1978 after 22 years of military service. He re- I was very pleased to hear recently from of infrastructure. Working together on a re- enlisted in 1991, in the Persian Gulf War, and Alyssa about her volunteer experiences with gional basis, local governments, businesses spent six months at Fort Sam Houston, Texas, the Epworth Gateway Gardeners, a nonprofit and members of the community have been recruiting military personnel. organization dedicated to making their home- able to return parts of Oak Ridge to productive Mr. Rocco worked extensively as a veterans town a more beautiful place to live. use, and facilitate the transfer of technology to counselor. In 1978 he started the Vet Center Alyssa embraced my challenge and took ac- the private sector, bringing back jobs and in- on Fourth Street which created a host of serv- tion. Throughout the spring and summer vestment to the region. ices and programs for veterans. Besides the months Alyssa joined the Gateway Gardeners These efforts in East Tennessee should Vet Center, Mr. Rocco started a shelter for in creating a butterfly garden near a new town serve as a national model to promote new op- homeless veterans, a nursing home in Truth walking path. She worked hard, got a little dirt portunities for brownfields redevelopment or Consequences and tuition waivers for vet- under her nails and especially enjoyed tending around the country. erans attending state-run colleges. During the to an area with pink petunias, Epworth’s offi- f administration of New Mexico Governor Toney cial flower. Anaya he was named the director of the Vet- It is clear that Alyssa found the time she REMEMBERING NEW MEXICO’S erans Service Commission. In recent years, spent with the Epworth Gateway Gardeners to RICHARD ROCCO even as his health failed, he also spoke to be both enjoyable and rewarding. I am sure schoolchildren about drug abuse on behalf of her friends, neighbors and fellow volunteers HON. TOM UDALL Vietnam Veterans of America. are very appreciative of her time and effort. OF NEW MEXICO As a testament to the impact that Mr. Rocco I want to publicly thank Alyssa for her hard IN THE HOUSE OF REPRESENTATIVES has had on his fellow New Mexicans, on Octo- work. I hope she will continue her dedication Wednesday, November 13, 2002 ber 12 of this year a South Valley Park next to community service in the future. She is an to the Westside Community Center was outstanding young American, and I am espe- Mr. UDALL of New Mexico. Mr. Speaker, named after him: The Richard Rocco Medal of cially proud of her efforts to make Iowa a bet- last month New Mexico lost a real hero. Rich- Honor Park and a stone monument placed ter place. ard Rocco, an Army Medic in the Vietnam War there in his honor. Plans are also underway f who received the Medal of Honor for rescuing for a bronze bust of Mr. Rocco to be made severely wounded fellow crewmen from the and placed inside the old Armijo School near HONORING EMMIT J. SMITH wreckage of a downed helicopter under the park—where he went to school growing enemy fire, died of cancer on October 31 at up. Although seriously ill, Mr. Rocco came to HON. EDDIE BERNICE JOHNSON his home in San Antonio, Texas. He was 63. the ceremony organized by veterans through- OF TEXAS On May 24, 1970, Mr. Rocco, a sergeant, out New Mexico. He called the naming of the IN THE HOUSE OF REPRESENTATIVES was aboard a medical evacuation helicopter park ‘‘an honor that I hold above presidents Wednesday, November 13, 2002 that was shot down on a mission to remove and legislators, because these are my people. wounded South Vietnamese troops besieged For them to honor me, it makes me feel so Ms. EDDIE BERNICE JOHNSON of Texas. near the village of Katum. Mr. Rocco suffered good.’’ Mr. Speaker, I rise today to honor a legendary back injuries, a broken hip and a broken wrist, In addition to his wife, Maria, three children, athlete, philanthropist and role model, Dallas and the other four crew members were shot. five grandchildren, his mother, one brother Cowboys running back Emmitt J. Smith III, for Brave and determined, Mr. Rocco went back and four sisters survive Mr. Rocco. I extend his exceptional achievements on and off the to the helicopter and carried the co-pilot, the my deep condolences to the Rocco family and playing field. crew chief and another medic to cover, one at all who knew him. My thoughts and prayers On Sunday, October 27, 2002, Smith made a time, crossing 20 yards of open ground are with them. history by becoming the National Football under a hail of fire, his hands and face burned Mr. Speaker, as the only member of the League’s all-time leading rusher, surpassing by flames engulfing the helicopter. The next New Mexico congressional delegation serving late Chicago Bears great Walter Payton. With day, two American helicopters were shot down on the Veterans Affairs Committee, I wanted a powerful, 11-yard carry against the Seattle trying to evacuate the crewmen, who had to inform my colleagues about this heroic and Seahawks, Smith pushed his career total in called in artillery and air strikes on their own extraordinary man. Richard Rocco’s historic rushing yardage to the 16,728 mark, moving position to turn back an assault by North Viet- and noble acts have given New Mexicans rea- him two yards ahead of the record that Payton namese troops. However, all five crew mem- son to hope, reason to be proud, and reason (16,726) set in 1987. bers were rescued on that second day. to champion the veteran. I ask my colleagues However, his achievement as the NFL’s all- The commander of the First Cavalry Divi- to join with me to pay tribute to Richard Rocco time top rusher is just one of many accom- sion visited Mr. Rocco at the hospital and told for his courageous actions, on that day so plishments that Smith can boast. Throughout him he had been recommended for the Medal long ago. his 13-year career in professional football, he has compiled an outstanding resume of ac- of Honor. He heard nothing else about it until f 1974, when he was stationed at Fort Camp- complishments as a star running back and val- bell, Kentucky, and was told he would receive HONORING IOWA VOLUNTEER ued teammate. He has led the Dallas Cow- the medal, the nation’s highest award for boys to three Super Bowl titles while also valor. HON. JIM NUSSLE claiming Super Bowl MVP honors. In 1993, he Mr. Rocco had not known that the co-pilot OF IOWA won the National Football League Most Valu- he saved, Lt. Lee Caubarreaux, had been lob- IN THE HOUSE OF REPRESENTATIVES able Player Award. bying in his behalf. In March 1971, while Mr. Smith is the winner of four NFL rushing ti- Caubarreaux was preparing for a medical re- Wednesday, November 13, 2002 tles and is the first player in NFL history to tirement in Texas, the Medal of Honor rec- Mr. NUSSLE. Mr. Speaker, I rise to recog- rush for over 1,000 yards in 11 consecutive ommendation was mailed to him by a warrant nize the achievements of Alyssa Hall from seasons. He is also the NFL’s career rushing officer in the First Cavalry Division awards of- Epworth, Iowa. A high school student, Alyssa touchdown leader. What’s more, he has ac- fice in South Vietnam who had found it in a attended my 2001 Youth Summit in Dubuque. complished all of these goals while wearing a desk drawer. During the youth summit each year, spend- Dallas Cowboys uniform, making him a home- Mr. Caubarreaux appealed to Army authori- ing a full day with young Iowans encourages town hero for the Thirtieth Congressional Dis- ties to approve the award, and then recounted me about the future of our state and nation. trict of Texas and the entire Dallas-Fort Worth Mr. Rocco’s efforts to Senator Russell Long of Alyssa Hall is part of an outstanding group of area. Louisiana, Mr. Caubarreaux’s home state. students who have an enormous amount of His performances on the field are only over- Those efforts finally prevailed when President ability and potential to make the world that shadowed by one thing: his incredible public Gerald R. Ford presented the Medal of Honor surrounds them a better place. service off the field. Smith has become

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2009 Dallas’s goodwill ambassador to the world PAYING TRIBUTE TO CORTEZ FIRE Beckoning visitors who are traveling on through his dedication to improving the lives of PROTECTION DISTRICT Interstate 65, the golden domes of St. Sava young people everywhere. offer an amazing spectacle. However, it is the interior of the church that the parishioners hold His work to aid programs for youth and chil- HON. SCOTT McINNIS sacred. Built from Indiana limestone in a five- dren in a range of areas from student men- OF COLORADO IN THE HOUSE OF REPRESENTATIVES year construction project, the present sanc- toring to anti-drug education to physical fitness tuary located at 9191 Mississippi Street in is impressive. Among the numerous activities Wednesday, November 13, 2002 Merrillville replaced the original St. Sava Smith has championed throughout his career, Mr. MCINNIS. Mr. Speaker, it is with great Church, built in 1914 in Gary, Indiana, after he has served as the Cowboys’ United Way pride that I rise today to recognize the Cortez that church was destroyed by fire. The dedi- spokesman and supported Big Brothers/Big Fire Protection District based in Cortez, Colo- cated members of the church came together Sisters, The Kidney Foundation, Oak Cliff (TX) rado for their service and dedication during to worship at the St. Sava ‘‘small hall’’ in Ho- Little League, Buckner Children’s Home of one of Colorado’s most formidable fire sea- bart Indiana while plans were made for their Texas, The Salvation Army, American Lung sons. Last summer, the Fire Protection District new sanctuary. Undeterred by the loss of their Association, the Battered and Abused Chil- played an integral role in containing the Mis- church building, the congregation dem- dren’s Foundation, B.A.D (Boxers Against sionary Ridge forest fire that burned over onstrated their commitment to each other and Drugs) and Theater Arts for Youth. He has 70,000 acres in Southwestern Colorado. to their faith by carrying on with their services also worked with children through the Make-A- Today, I would like to pay tribute to their heat the ‘‘small hall’’ for 13 years. roic efforts before this body of Congress and Mr. Speaker, St. Sava Serbian Orthodox Wish Foundation, hosting many visits at the this nation. Church is led by the Very Reverend Jovan Cowboys’ Valley Ranch practice facility during When the Missionary Ridge fire first erupted Todorovich. The Very Reverend Todorovich the season. last June, the citizens of Durango, Bayfield has been the priest at the church for 33 years, Smith also co-founded the Open Doors and the surrounding communities called upon and the parishioners are thankful for the spir- Foundation, a not-for-profit that supports orga- the Cortez Fire Protection District to protect itual and emotional leadership he has provided nizations and faith-based programs to provide their loved ones, homes, and communities during that time. Church President Michael educational, motivational and financial serv- from what would become the worst fire in area Galich has attended St. Sava since 1946 and ices to today’s youth, with a special emphasis history. The fire began in a ditch beside Mis- is proud that the church has been able to on narrowing the digital divide. In June 2002, sionary Ridge Road just 15 miles northeast of maintain the Serbian traditions and customs he was appointed by President Bush to serve Durango and grew to consume more than that make their church unique. Because the 70,000 acres, 56 residences, and 27 out- on the President’s Council on Physical Fitness congregation has been blessed with tremen- buildings. dous leadership and good fortune throughout and Sports and educate millions of American Although the Missionary Ridge fire was a its history, it is appropriate that the celebration children about the importance of staying devastating reminder of how destructive forest of the church’s anniversary will be held near healthy. fires can be, it also served to remind us of the the Thanksgiving holiday. Mr. Speaker, for all of his record-breaking, men and women who risk their lives to protect The Very Reverend Todorovich, along with awe-inspiring athletic achievements, for all his their fellow citizens on a daily basis. The Cor- his Grace Bishop Longin, and Father Irinej selfless work in the community to serve as a tez Fire Protection District has served the citi- Dobrijevich will serve the Holy Hierarchical Lit- role model for youth and to help those less zens of Cortez since 1886 and operates from urgy the morning of November 17, which will fortunate, and for his time spent as an out- three fire stations. The district relies on a be followed by a memorial service to be con- standing husband, father, and citizen, I rise to fulltime Fire Marshall and 36 volunteer fire- ducted by representatives of a local American fighters, prepared to fight fires or provide med- salute Emmitt Smith. He is a Texas treasure Legion at the adjacent Memorial Park to com- ical assistance on a moment’s notice. memorate the fallen soldiers of all wars. The and a national icon, and I join the legions of Mr. Speaker, it is with sincere admiration celebration banquet will conclude the festivi- Dallas Cowboy fans in congratulating him and that I recognize the Cortez Fire Protection Dis- ties, led by keynote speaker Scott Taylor, a his family on this momentous occasion. Go trict before this body of Congress and this na- former soldier, and author of a book detailing Cowboys! tion. I want to commend the Cortez volunteer the military action in Yugoslavia and Mac- firefighters and their support staff for their de- edonia following the NATO occupation of f termination, courage, and resolve during last Kosovo. summer’s efforts on Missionary Ridge. Without Mr. Speaker, at this time I ask that you and HONORING TED MALIARIS the help of the Cortez Fire Protection District my other distinguished colleagues join me in and others, the added devastation to our com- congratulating the congregation of St. Sava munity, environment, and quality of life would Serbian Orthodox Church as they celebrate HON. BART GORDON have been unimaginable. Their tireless com- the 88th anniversary of their parish. Blessed OF TENNESSEE mitment throughout the fire season has served with outstanding leadership and unwavering as an inspiration to us all and it is an honor faith, the congregation of St. Sava has en- IN THE HOUSE OF REPRESENTATIVES to represent such an outstanding group of riched Northwest Indiana by bringing the Wednesday, November 13, 2002 Americans in this Congress. proud and historic Serbian traditions to our f community. May God continue to bless the pa- Mr. GORDON. Mr. Speaker, I rise today to rishioners and the church leaders for many commend Ted Maliaris for his efforts to pro- CONGRATULATIONS TO ST. SAVA years to come. SERBIAN ORTHODOX CHURCH IN mote patriotism around the Nation through MERRILLVILLE, IN f music. A TRIBUTE TO THE 100TH ANNI- Ted Maliaris is now touring the United HON. PETER J. VISCLOSKY VERSARY OF THE PAN AMER- States performing ‘‘A Tribute to America—A OF INDIANA ICAN HEALTH ORGANIZATION 21st Century Anthem’’ which was composed IN THE HOUSE OF REPRESENTATIVES by his mother, Ann S. Miller in response to the Wednesday, November 13, 2002 HON. CIRO D. RODRIGUEZ tragic events of September 11, 2001. The An- OF TEXAS them is dedicated to our Armed Forces, to our Mr. VISCLOSKY. Mr. Speaker, it is with IN THE HOUSE OF REPRESENTATIVES great honor and enthusiasm that I congratu- men and women in uniform, and all Americans Wednesday, November 13, 2002 who need to carry on in this time of crisis. By late the members of St. Sava Serbian Ortho- performing the Anthem with children’s groups dox Church in Merrillville, Indiana as they cel- Mr. RODRIGUEZ. Mr. Speaker, I rise today ebrate their 88th anniversary, as well as the to pay tribute to the Pan American Health Or- across America, Ted Maliaris hopes to inspire 11th anniversary of their present sanctuary’s ganization, which celebrates its 100th anniver- and promote patriotism for our great nation consecration. The festivities will begin on Sun- sary this year. PAHO is the oldest inter- through song. day, November 17, 2002 with a special serv- national health organization in the world, and Please join me in congratulating Ted Malaris ice, followed by a banquet to celebrate this serves as the Regional Office of the Americas for his service to America through the arts. momentous occasion. for the World Health Organization. It is

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2010 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 headquartered in Washington D.C. and has a Hurricane Mitch and the deadly floods in Ven- Japan. As ground force squad leader ‘‘761,’’ U.S.-Mexico Border Field Office in El Paso, ezuela. John led a group of 12 men who escorted Texas, as well as country offices in 27 nations Eighteen countries of the region have estab- generals from Tokyo to camps, inspected throughout the Americas and nine scientific lished national plans to fortify food with micro- quarters for families of military personnel, and and technical centers. nutrients such as iron, iodine, and vitamin A. made reports on inspections. This year, as we celebrate the Centennial of I would like to commend Sir George A.0. Always proud but reserved and modest the Pan American Health Organization, we Alleyne of Barbados, for his eight years of ex- about his military experiences, John was also celebrate the notable health achieve- emplary service as the Director of the Pan awarded the expert M–1 classification in Feb- ments of the countries of the Americas, with American Health Organization. The reputation ruary of 1945, later receiving a personal letter the support of PAHO. that PAHO now enjoys with the U.S. Congress on behalf of the United States from President One hundred years ago, public health in the and the Executive branch is a direct attribute Harry Truman. In addition, Staff Sergeant Americas was an uncoordinated jumble, as in- to the steadfast efforts by Dr. Alleyne and the Banuelos’ meritorious achievements included dividual countries made separate efforts to excellent work by the entire organization. receiving the Victory Medal of Honor, the Asi- protect themselves and their people against I would also like to acknowledge Dr. Mirta atic Campaign medal, and a Good Conduct the threat of ‘‘imported’’ diseases. Yet over the Roses Periago of Argentina on recently being medal. Mr. Banuelos and his family are truly a next century, through coordinated action, elected to be the new Executive Director of distinguished part of our nation’s military his- health progress unrivaled in history swept the PAHO. She will be the first woman and first tory. Western Hemisphere as health leaders joined Argentine to lead the world’s oldest inter- Mr. Banuelos will be remembered for his together to fight disease and to bring water, national health organization. service to our country and the community. As sanitation, and health services to millions. As PAHO enters its second century of serv- his Representative in Congress and as a The achievements of the countries of the ice, I hope we can continue the path of member of the Armed Services Committee, I Americas, led by the Pan American Health Or- achievement. The region certainly faces nu- am proud to recognize John C. Banuelos for ganization over the last century, tell a story of merous ongoing challenges, but together, his contributions to our nation. ongoing progress: Measles, smallpox and across regional and national lines, we can join f polio have been eradicated from the Americas. in this great effort to improve the lives of ev- In the wake of the terrorist attacks on the eryone living in the Americas. CONFERENCE REPORT ON H.R. 4546, BOB STUMP NATIONAL DEFENSE United States in 2001 and with the threat of f bioterrorism, the countries of the Americas are AUTHORIZATION ACT FOR FIS- enhancing their emergency preparedness ca- A PROCLAMATION RECOGNIZING CAL YEAR 2003 pabilities, improving their surveillance and re- AUTUMN FRONTZ SPEECH OF sponse to outbreaks of infections, and expanding their laboratory capacity to diagnose HON. ROBERT W. NEY HON. JOHN D. DINGELL agents used in bio-terrorism. Disaster and OF OHIO OF MICHIGAN public health experts are being trained to pre- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES pare for and manage biological, chemical and Wednesday, November 13, 2002 Tuesday, November 12, 2002 radiological incidents. A new ‘‘Building Blocks Model for HIV/AIDS Mr. NEY. Mr. Speaker, whereas, Autumn Mr. DINGELL. Mr. Speaker, while there may Comprehensive Care’’ program is improving Frontz is a heroine who saved her baby sister, be many worthwhile provisions in this bill, I care for the 2.6 million people in the Americas Samantha Lynn, from choking; and strongly oppose the unnecessary and unwar- who are infected with HIV. Whereas, Autumn Frontz acted quickly, ranted exemption contained in Section 315 for Life expectancy at birth rose from less than without hesitation, proving herself to be re- the Department of Defense (DOD) from the 50 years at the start of the last century to 69.8 markably responsible and caring; and Migratory Bird Treaty Act of 1918, our Nation’s years in Latin America and the Caribbean, and Whereas, Autumn Frontz is an asset to her oldest conservation law. The Migratory Bird to 76.9 years in North America today. family and the entire New Philadelphia com- Treaty Act provides protection for over 850 Efforts to promote quality control in blood munity in her willingness to help others; species of migratory birds, including many that services in the region have reduced the risk of Therefore, I join with the residents of the en- are threatened or endangered. The Act also diseases transmitted by blood transfusion by tire 18th Congressional District of Ohio in hon- sets forth U.S. obligations under four separate one-half. oring and congratulating Autumn Frontz for treaties to protect migratory birds and guide Water supply and waste disposal services her selflessness and heroism. cooperative conservation management with have improved significantly in many countries, f Canada, Mexico, Japan, and Russia. with coverage exceeding 90 percent in some The provision which was inserted at the of them. IN HONOR OF JOHN C. BANUELOS Bush Administration’s request will effectively Progress is on track toward elimination of FOR HIS SERVICE AND DEDICA- give the Defense Department license to bomb onchocerciasis, targeted for 2007. TION TO OUR NATION and destroy at will the natural habitats of mi- Regional information systems have been gratory birds, endangering more than one mil- developed for epidemiological surveillance of HON. LORETTA SANCHEZ lion birds and curtailing the enjoyment of more food borne diseases and for food legislation OF CALIFORNIA than 50 million bird enthusiasts in this country. and regulations that both protect and favor IN THE HOUSE OF REPRESENTATIVES The provision will also provide an exclusive international trade. legal immunity from third-party lawsuits which Wednesday, November 13, 2002 Progress toward the eradication of foot-and- challenge DOD non-compliance with the Act. mouth disease has been stepped up, and the Ms. SANCHEZ. Mr. Speaker, today I rise to I have dealt with the military for years and original date for achieving eradication, 2013, pay tribute to John C. Banuelos, in memory of they constantly seek to get out from under en- has been advanced to 2007. his service to the community as a loyal citizen vironmental laws. It is despicable that they are There has been a 65 percent reduction in and as a proud member of our Armed Serv- now using the threat of September 11 and al leprosy in the region since 1992. ices during World War II. Qaeda to get unprecedented environmental A health information system now enables Mr. Banuelos was born on January 26, immunity. We have fought two World Wars, front-line health workers to analyze health 1921. He and his three brothers were Pioneer the Korean War, Vietnam, and the Persian trends and health inequities between and with- Farmers from Orange County. The four broth- Gulf War with this law in place, and there is in countries and, on the basis of that analysis, ers went on to serve together in the Army dur- no demonstrated need to exempt the Depart- to target the most needy. ing World War II. John served in the South ment of Defense now. Laws have been passed on a broad spec- Pacific theatre of operation where he led re- I raised concerns about this provision when trum of health issues, including health of the connaissance missions in the jungles of the H.R. 2456 was being considered and passed elderly, mental health, adolescent health, safe Philippines and Japan. Some of his most nota- by the House. This environmental exemption motherhood, vaccination, blood banks, and ble experiences included personally meeting was rushed through without significant public health insurance. General Douglas MacArthur and befriending scrutiny. No hearings were held on the spe- Intense work in emergency preparedness his family. Toward the end of the War, he par- cifics of the proposal. Only one hearing was enabled countries to prepare for and mitigate ticipated in the guarding and transportation of held in the House Armed Services Committee the effects of many natural disasters, including gold and currency shipments seized from on the general issue and only the DOD and

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2011 Federal government agencies were allowed to This means that the taxpayer actually is re- Tony, the community created a Gaither High testify. Other stakeholders, such as state and quired to reimburse a contractor for the cost of School Education/Scholarship Fund to help fu- local governments, industry representatives, public harm caused by its own misconduct. ture students who share Tony’s dreams. tribal governments, and citizen groups did not No other government contractor enjoys the On behalf of the Tampa Bay community, I have a full opportunity to participate in hear- right to unconditional indemnification, even would like to extend my deepest sympathies ings on the bill. This provision falls under the those engaged in nuclear or other hazardous to Tony’s family. He was an American hero jurisdiction of the Committee on Resources work for the defense agencies. When the who will be remembered for his courage and and that is where the reviews and debate of House passed its version of Price-Anderson sacrifice. this issue should have taken place. reauthorization, that bill included a bipartisan f Mr. Speaker, the Secretary of the Interior al- provision which prohibited indemnification of TUBERCULOSIS AND TUCKER HIGH ready has the authority under current law to contractors for ‘‘conduct which constitutes in- SCHOOL issue permits for actions that might kill, harm tentional misconduct.’’ The DOE claims that or injure migratory birds in the course of gov- despite the current law’s safety disincentive, it ernment activities. In addition, the U.S. Fish is necessary to secure contractors’ services. I HON. CYNTHIA A. McKINNEY and Wildlife Service and DOD have been de- cannot imagine why the Department should OF GEORGIA veloping regulations pursuant to Executive even wish to hire a contractor who is not will- IN THE HOUSE OF REPRESENTATIVES Order 13186 to resolve migratory bird dis- ing to be held accountable for its intentional Wednesday, November 13, 2002 putes. And, in March 2002, a U.S. court rec- misconduct. Ms. MCKINNEY. Mr. Speaker, I rise today to ognized for the first time the DOD must com- Finally, it is my understanding that several call attention to a forgotten disease, which is ply with MBTA and ordered the military to contractors have signed contracts with DOE anything but forgotten right now in my con- apply for the administrative remedy already since the Act lapsed in August, under alter- gressional district. A number of students and available. The DOD has chosen to fight this nate statutory authority which can continue to administrators at Tucker High School in court ruling in the case of Center for Biological fill the gap until Congress has an opportunity Diversity vs Robert B. Pirie, Jr., Acting Sec- DeKalb County, Georgia are learning more to address this issue thoroughly next year. In than they care to know about tuberculosis. retary of the Navy; Donald H. Rumsfeld, Sec- other words, there is no emergency that needs Last week, about 200 Tucker High School retary of Defense, (U.S. District Court for the to be addressed in this bill, and in any event students and staff had to be tested and treat- District of Columbia). no reason for Congress to continue the un- ed after someone at the high school tested The members of this body should also be justifiable policy of unconditionally indem- positive for tuberculosis. Tuberculosis is the aware of the ridiculous arguments that the nifying DOE contractors for intentional mis- forgotten disease, and as history continues to DOD was making in court to support its efforts conduct. show us every time we forget and ignore TB, to exempt itself. Mr. Speaker, in adopting the Migratory Bird we are doomed to repeat history with contin- In the above-mentioned case, the DOD Treaty Act exemption for DOD one of our Na- ued outbreaks of tuberculosis as well as claimed: tion’s most important environmental laws has stronger strains of the disease such as multi- . . . plaintiffs have suffered insufficient injury been undermined. And by providing total in- drug resistant tuberculosis. Every time govern- because the more birds that the defendants demnification for DOE contractors, even when ment agencies are forced to cut back on fund- (DoD) kill, the more enjoyment Mr. Frew (a they engage in intentional misconduct, we re- ing for tuberculosis programs the rate of infec- plaintiff) will get from seeing the ones that reduce public safety. Therefore, I rise in opposition increases in populations who need our main: ‘‘bird watchers get more enjoyment tion to this conference report. help the most. spotting a rare bird than they do spotting a f Tuberculosis is truly a global disease, with common one.’’ more than 2 billion people around the world Let me also quote Judge Sullivan’s finding HONORING CORPORAL ANTONIO carrying the infection. Right here in the United with respect to DoD’s argument (on page 17 SLEDD States, the South has one of the highest rates of his opinion): of TB infection because of the vast health dis- Suffice it to say, there is absolutely no sup- HON. JIM DAVIS parities between blacks and whites. African port in the law for the view that environmental- Americans have higher rates of TB in the OF FLORIDA ists should get enjoyment out of the destruc- United States because of poverty conditions in tion of natural resources because that destruc- IN THE HOUSE OF REPRESENTATIVES the South and in urban areas. Because of that tion makes the remaining resources more Wednesday, November 13, 2002 poverty, African American also have a difficult scarce and therefore valuable. The Court time accessing tuberculosis medications and Mr. DAVIS of Florida. Mr. Speaker, I would hopes that the federal government will refrain primary care treatment for the disease. like to take a moment to honor Corporal Anto- from making or adopting such frivolous argu- That is why I am a co-sponsor of H.R. 1167: nio Sledd for his courage and sacrifice for our ments in the future. The Comprehensive Tuberculosis Elimination country. On October 8, 2002, Tony was killed I also oppose the bill’s provisions con- Act of 2001 and H.R. 1168: The Stop TB Now when two Kuwaiti terrorists opened fire on cerning the Price-Anderson Act, which are in- Act. This legislation effectively implements rec- members of the 11th Marine Expeditionary complete, insufficient, and fail to protect the ommendations listed in an Institute of Medi- public interest. Unit training in the Persian Gulf. cine report entitled ‘‘Ending Neglect: The First, let me make clear that I am a strong Tony was born in San Juan, Puerto Rico, Elimination of Tuberculosis in the United supporter of the Act’s reauthorization, and be- but grew up in Tampa, where he attended States’’. These recommendations attack tuber- lieve the best course at this late date would be Gaither High School. After graduating in 2000, culosis on a national and international level. for the other body to approve H.R. 2983, the Tony joined the Marines and earned the Na- The legislation does so by increasing the au- Price-Anderson reauthorization passed by the tional Defense Service medal for serving dur- thorized funding levels for both the Centers for House last November on suspension. Second, ing a time of conflict and a Deployment Rib- Disease Control and Prevention (CDC) as well it is highly regrettable that this issue has been bon for serving abroad for more than 90 days. as the National Institutes of Health (NIH), giv- allowed to languish and, as a consequence, At his funeral, he was awarded the Purple ing them more ammunition to fight this treach- the Act lapsed in August. It is equally regret- Heart and promoted from Lance Corporal to erous disease here in the United States and table, however, that when my colleagues on Corporal. abroad. the Armed Services Committee chose to ad- Friends and family remember Tony for his We in the Congress have an unprecedented dress the Department of Energy (DOE) con- enthusiasm and devotion to his country. It was opportunity to eliminate tuberculosis in the tractor issue in this bill, they did not take the Tony who encouraged his twin brother, Mi- United States and reduce this scourge, so logical step of including reforms from H.R. chael, to join the Marines. Tony was planning other high schools do not have to go through 2983 to make contractors accountable for irre- a lifetime of service—after serving in the mili- the same trauma and interruption of their daily sponsible actions that harm the public. tary he hoped to earn a degree in criminology, lives as the students, staff, and faculty have Under current law, DOE contractors are so he could pursue a career in the FBI. faced at Tucker High School. I urge the House completely indemnified for accidents involving Tony’s friends call him a hero and remem- of Representatives to pass H.R. 1167: The nuclear materials, even if the accident resulted ber his sense of humor and how he went out Comprehensive Tuberculosis Elimination Act from willful misconduct or gross negligence. of his way to take care of others. In honor of of 2001 and H.R. 1168: The Stop TB Now Act.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2012 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 REGARDING THE RETIREMENT OF While he will tell you that he loves his work a leadership role in the Community Capital GEORGE O. WITHERS here, just ask him about his children, Sam and Campaign for the United Jewish Community of Lizzie. You’ll see what love really means by Broward County, with the new Eleanor M. and HON. IKE SKELTON the sparkle in his eyes. And we were all Herbert D. Katz Building, which will house OF MISSOURI thrilled when George married Donna earlier many religious organizations and serve as a IN THE HOUSE OF REPRESENTATIVES this year. His departure from our little world focal point for Jewish life. Wednesday, November 13, 2002 means that he will have even more opportuni- Mr. Speaker, it is indeed a truly special oc- ties to love and care for them, and even his casion that I stand here today and commend Mr. SKELTON. Mr. Speaker, this is the time cat, Tom. But I warn you, George, cats don’t these fine individuals for their outstanding of year that we say farewell to some old always love you back. achievements and service to the world com- friends. That’s never easy. But it is even hard- I will miss George Withers cheerful counsel munity. Their unparalleled dedication to the er when the friend in question spent consider- personally. The Congress will be poorer for his ideas of community serve as an example for able time and energy helping make us all look departure. But the real accolade is that people us all. good. around the world who will never know his George Withers, who is leaving the Armed name have better lives today because George Services Committee staff at the end of this f Withers was part of this House. year, came to Capitol Hill in 1978. He had COMMEMORATING THE 50-YEAR f served his country in the Navy during Viet- ANNIVERSARY OF THE nam. But he has spent twenty-four years prov- HONORING HERBERT D. AND WESTLANDS WATER DISTRICT ing that national service doesn’t end when you ELEANOR MEYERHOFF KATZ take off the uniform. As legislative director on HON. CALVIN M. DOOLEY a personal staff, then press secretary and a HON. PETER DEUTSCH professional staff member of the committee, OF CALIFORNIA OF FLORIDA George has made America better every day. IN THE HOUSE OF REPRESENTATIVES A lot of young go-getters come to work on IN THE HOUSE OF REPRESENTATIVES Wednesday, November 13, 2002 the Hill, Mr. Speaker. But George proved that Wednesday, November 13, 2002 you don’t have to be obnoxious to get things Mr. DEUTSCH. Mr. Speaker, it is with great Mr. DOOLEY. Mr. Speaker, I rise today to done. His real sense of decency and values pride that I rise today to honor community pay tribute to the Westlands Water District, have provided a reference and example for leaders, Herbert D. and Eleanor Meyerhoff which celebrates its 50-year anniversary on not only the Armed Services Committee staff, Katz, for their strong commitment to the Jew- November 17, 2002. I have the privilege of but all of us who worked with him. ish community on a local, national, and inter- representing many Westlands water users in George has been the conscience of the national level. Their dedication and distin- Congress. committee staff. He is a devoted advocate for guished leadership has enabled many commu- The Westlands Water District encompasses those Americans who most need and deserve nities to be stronger and more vibrant while over 600,000 acres, of which 560,000 acres Congress’s protection. Discussions of national maintaining a deep connection to their Jewish are applicable for irrigated agricultural produc- security can get pretty esoteric,, but George tion in Fresno and Kings counties. Westlands makes sure that we keep our focus on people, roots and culture. As a couple, Herbert and Eleanor have is comprised by approximately 600 family- both those in uniform and those our military owned farms and 2,400 landowners, making exists to protect. As a former enlisted man served as a model for the concept of charity. However, each has taken on numerous lead- Westlands the largest water district in the and NCO, he never lets the former officers on world. the staff forget who the real troops are. ership roles on their own. The United Jewish Community of Broward County was formed For 50 years, the Westlands Water District Mr. Speaker, while our staff works in a non- has been a leader in innovative irrigated agri- partisan way,, George is a determined, thor- under the direction and guidance of Mr. Katz. He is a past-president of the Jewish Federa- culture and water resource utilization in the oughgoing, old-school Democrat. But look at Western United States. Through its irrigation the pictures on his office walls. Yes, he has tion and was an integral leader in the creation of the UJCBC, which combined two existing practices, Westlands and its farmers have photos of himself with our former colleagues helped develop the west side of the San Joa- Ron Dellums and Silvio Conte. But there’s federations and now serves the 3rd largest Jewish community in America. Mr. Katz’s quin Valley into one of the leading agricultural John Kasich, too, and President Bush. All of producing regions in the world. which speaks to the fairness and openminded- other posts include: President of American Farming in the area known as Westlands ness with which George approached his job. Friends of the Hebrew University of Jeru- began during California’s Gold Rush era. Irri- He lets his political beliefs inform his work, but salem; Vice Chair of the United Jewish Ap- gated agricultural production began around never get in the way of doing what was right peal; recipient of a Presidential Appointment to 1915 and by 1942, landowners organized to for the country. Board member of the United States Holocaust develop a water supply system. To my way of thinking, George has only one Memorial Council; Secretary/Treasurer of the flaw. The B–2 bomber is the pride of White- American Israel Public Affairs Committee; Uni- Westlands Water District itself was formed man Air Force Base, in my district. George led versity of Pennsylvania Associate Trustee and in 1952 and began delivering contracted water the fight at the staff level against the B–2, and Chairman of the Board of Overseers for the from the U.S. Bureau of Reclamation to farms succeeded for quite some time. In gratitude for Center for Advanced Judaic Studies. on the west side of the San Joaquin Valley in George’s exemplary service, I promise not to Eleanor Meyerhoff Katz is a graduate of 1968. have one named for him. Wellesley College, and has been heavily in- The leadership that has characterized the In recent years, George’s primary duties volved in education. Mrs. Katz is a long- first 50 years of the Westlands Water District have concerned the military construction budg- standing Board member of the Jack and Rose has helped to make the west side of the San et. Every member of this body whose district Orloff Central Agency for Jewish Education. Joaquin Valley a unique place of opportunity has received military construction funds—and She is also a member of the Executive Com- for families and small businesses. that’s most of us—has George Withers to mittee of Hillel, The Foundation for Jewish Today the farmers of Westlands produce thank. Campus Life, Chairman of the Board for Curry over 60 different commercial food and fiber But he was also our committee’s driving College, a Board member for the Washington crops sold for fresh, dry, canned and frozen force on policies concerning Latin America. Institute for Jewish Leadership and Values, a food markets, both domestic and for export. Whether the question was the naval bombing past president of the Beth Shalom Day School The estimated annual production value of agri- on Vieques or the United States’ role in Co- and the Jewish High School of South Florida, cultural commodities produced in Westlands is lombia, George fought for a sensible, humble and a committee member for the Jewish Fed- $1 billion, which generates approximately $3.5 foreign policy. eration of South Broward. billion in related economic activity for Fresno George’s decency doesn’t stop at the Cap- Mr. and Mrs. Katz were also instrumental in and Kings Counties. itol door, either. When he isn’t here—during establishing the Chair for the Joseph Meyer- Mr. Speaker, I ask my colleagues to join me the few hours each year we let the staff out— hoff Professor of Modern Jewish History at the today in congratulating the Westlands Water George actively supports charities. He loves University of Pennsylvania. District for fifty years of valuable service to the riding his bike, and he loves it even more The Katzs have played an integral part of residents of the west side of the San Joaquin when he’s getting contributions for every mile life in South Florida. Their commitment and Valley and in wishing them continued success he rides. love for their community has led them to take in the future.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2013 HONORING AND REMEMBERING SERVICE FOR THE PEOPLE OF For this intertangled world, there is only one JUDGE LOYS CRISWELL THE 7TH DISTRICT OF ALABAMA way to survive and that is to survive together. However many nations exist, there is only one HON. DENNIS J. KUCINICH HON. EARL F. HILLIARD human race. It is neither good nor evil—it is human. I for one find it deeply lovable. I place OF OHIO OF ALABAMA IN THE HOUSE OF REPRESENTATIVES myself in its service, in the service of the peo- IN THE HOUSE OF REPRESENTATIVES ple of the world. Wednesday, November 13, 2002 Wednesday, November 13, 2002 Mr. KUCINICH. Mr. Speaker, I rise today in Mr. HILLIARD. Mr. Speaker, I rise to give f honor and remembrance of Judge Loys honor to this great body, which I shall leave at Criswell, soldier of justice in the State of Okla- HONORING PAUL MARTIN OF the end of this term. This is the most Demo- homa, farmer, beloved husband, father, and PETALUMA, CA cratic body in the Federal government, turning friend to many. to the American people in our districts every A life-long resident of Oklahoma, Judge other year for reinstruction and rededication, Criswell grew up in the town of Duke during HON. LYNN C. WOOLSEY as well as reelection. the difficult years of the Great Depression. OF CALIFORNIA During his formative years, violence and We are the representatives who most di- shoot-outs were commonplace along the rectly represent America, and I am proud to IN THE HOUSE OF REPRESENTATIVES have been elected by the people of the 7th streets of Duke, and justice and accountability Wednesday, November 13, 2002 were non-existent. Judge Criswell lost several District of Alabama to serve them for a dec- relatives and friends in these conflicts. So ade. It is my hope that these good Americans Ms. WOOLSEY. Mr. Speaker, I rise today to impactful were the events of his youth that Mr. believe that I have represented them well—I honor Paul Martin of Petaluma, California, who Criswell dedicated his entire adult life to ad- know that I have tried with all my mind, my has just received the Award of Distinction from ministering justice, and offering hope and re- soul and my body to do so. the College of Agricultural and Environmental habilitation to offenders. I feel good that I was able to maintain a Sciences at the University of California at Judge Criswell was also committed to social 100% voting record for the working men and Davis. This highly competitive award recog- justice issues and equal opportunity for every- women of Alabama, the consumers and the nizes alumni who have demonstrated leader- one. When he learned of the plight of the ba- constituency I represented in the U.S. Con- ship and achievement or brought distinction to bies of Mexican migrant workers dying from gress. the College through their careers. dysentery, Judge Criswell sprung into action It has been a special burden and a special During the ten years I have been in the U.S. and assisted the Southwest Oklahoma Migrant honor to represent one of the poorest districts Congress, Mr. Martin’s in-depth knowledge of Ministry in developing better housing and im- in the richest nation in the world. agricultural issues has been invaluable as a proved conditions for migrant workers. It has been a special burden and special resource to me and my office. Paul has given As a highly effective prosecutor and later a honor to represent a district mostly comprised unsparingly of his time to educate me and my juvenile and family judge for many years, of a minority not long ago enslaved by the staff on the needs of the dairy industry as it Judge Criswell’s keen understanding of the very nation in which they are now citizens. history and nuances of our intricate legal sys- relates to federal legislation and the Sixth It has been a special burden and a special Congressional District. We have also worked tem, along with his strong sense of justice— honor to represent the victorious battleground tempered by compassion and his belief in re- together on our shared goals to preserve fam- of the civil rights movement, a battleground ily farms. In fact, although he typically votes demption for offenders—profoundly impacted that gave America nonviolent resistance, and the lives of thousands of individuals and fami- Republican, his campaigning on my behalf is gave the world a more honorable way to a reflection of his commitment to those goals. lies, and helped improve the overall quality of struggle for human rights. life for everyone within his region of Okla- As I leave this body, it is my prayer that Paul Martin graduated from UC Davis in homa. As county attorney in Altus, Mr. America will make as its first priority the end- 1965 and from the California Agricultural Criswell eliminated close to twenty illegal oper- ing of poverty in the richest nation in the Leadership Program in 1980. Next year he will ations in the county, and in other rural parts of world. To have poverty in the midst of riches receive an MA in Public Policy from Sonoma the area. His intelligence and unwavering be- is unconscionable and we must move imme- State University. In addition to operating two lief in the American judicial system were un- diately to end this most destructive condition dairy ranches and working for Western United matched by none, as was his deep sense of from the American people forever. Dairymen as coordinator of Environmental compassion for everyone who stood before Services and Field Representative, Mr. Martin him within the walls of his courtroom. Person- It is my prayer that America will finally move beyond the ignominious history of racism that has been a leader in a wide range of agricul- ally and professionally, Judge Criswell was a tural, environmental, and community causes. man of integrity, character, kindness and has eaten at our nation’s heart since the conception of this nation. The racism which has Some of these include service with the Cali- ideals. He was a brilliant man with an ever- fornia Air Resources Board, State Water Re- hopeful heart, and an ever-humble spirit. historically oppressed Blacks such as myself in this nation too easily turns against others, sources Control Board, USDA Sonoma-Marin Judge Criswell was bestowed with many Diary and Range Belt, Chief of Two Rock Vol- awards and accolades for his brilliant work, against Arabs, Asians, and may well turn again against Jews. unteer Fire Department, Petaluma American yet he always shied away from praise and ac- Little League, Two Rock 4–H, Sonoma County It is my prayer that America will find a way colades. Farm Bureau, and Petaluma High School Dis- to place human values before monetary ones. Mr. Speaker and Colleagues, please join me trict Facilities Committee. He also served as a Today, money is the engine of everything in in honor and remembrance of my friend and First Lieutenant, USAR in Viet Nam and re- this nation. People matter less and less in the mentor, Judge Loys Criswell, who will be ceived a Bronze Star. deeply missed by all who knew him. He was face of monetarism, both in this nation and in a man of vision, a scholar, a farmer and seek- the world. Globalization is not the high-minded A third generation dairyman on his family’s er of truth. And above all else, Judge Criswell internationalism we have dreamed of—it is in- ranch, Mr. Martin has lived in Petaluma his was a man who possessed a heart as expan- stead the take-over of the world by entire life. His son John now raises heifers sive and true as the rolling farms of Okla- transnational corporations which may have and beef cattle on the dairy while his daughter homa. Judge Criswell dedicated his life to jus- been born in America but which are loyal only Betsy and daughter-in-law, Natalie use the tice and positive change and consistently to wealth. We have to put people before prof- ranch to raise dairy cattle for showing and reached out to members of his community. I its before the people are nothing but products. sales. extend my deepest condolences to Judge It is my prayer that America will find a way Mr. Speaker, Mr. Martin is respected as a Criswell’s beloved wife Edna, and beloved to achieve international peace. We cannot leader within the agricultural community whose daughter, Beverly. Judge Loys Criswell’s life continue to use cheap nationalism to reduce advice and knowledge I value highly. I am has made a true and significant difference in people to less than human, religious arro- proud of his award and his many contributions the lives of many—in Oklahoma, and in places gance to call others evil, or media blitzkriegs to his community and to the diary industry. beyond, and his spirit and legacy will live on to whip the American people into imperialist And I am especially proud to call Paul Martin forever. cheerleaders. my friend.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2014 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 ALCOA 50TH ANNIVERSARY hospital administration to help make Coler- tie Larlham Foundation on November 13th for Goldwater an even better place. Al’s dedica- their significant work on behalf of individual HON. WILLIAM J. COYNE tion led him to serve as both president of the rights. OF PENNSYLVANIA council and vice-president of the Community For the past forty years, the Hattie Larlham IN THE HOUSE OF REPRESENTATIVES Advisory Board at the hospital. Foundation has been a source of hope, sup- Al’s extensive interaction with the patients at port and care for thousands of children and Wednesday, November 13, 2002 Coler-Goldwater is remarkable. Al not only vis- adolescents with disabilities and their families, Mr. COYNE. Mr. Speaker, I rise today to its patients, he brings out those that are able in northeast Ohio. The vast and vital work of recognize the 50th anniversary of the Alcoa and serves as a feeder for those that are less both Peter Yarrow and Avery Cohen on behalf Foundation. fortunate. Al and his wife are also known for of the Foundation, reflects the true spirit of this The Alcoa Foundation, located in Pittsburgh, their annual barbecue which they host at their exceptional agency—a spirit of helping and was founded in 1952 with an endowment from Whitestone home. With homemade food and caring, a spirit of empowerment; and a spirit of Alcoa, the company that has been a very suc- fresh fish, caught by the Cahn’s themselves, dedication to social justice—one child at a cessful producer of aluminum in this country the outing has been a truly uplifting time for all time; one family at a time. for decades. Alcoa has its headquarters in of the attendees. The vital work of Peter Yarrow and Avery Pittsburgh. I ask my colleagues to join me in honoring Cohen is the work of heroes who speak for Since its founding, the Alcoa Foundation Mr. Alfred Cahn on this truly special occasion those whose voice is small—they are the mes- has made more than $339 million in awards as he celebrates his 90’h birthday. Al is an sengers for our most vulnerable citizens—our around the world, including the $21 million it honorable man who has spent such a large children, our poor, and our mentally and phys- gave to more than 2,000 organizations in 26 portion of his life aiding and honoring, the lives ically challenged. Their message speaks of countries last year. The foundation targets its of others. May he continue to celebrate local and national change. Their message giving to promote the goals of conservation throughout this year and for many more to speaks of improved services for children and and sustainability; safe and healthy children come. adults with disabilities. Their message speak and families; global education in business, en- f of research to seek improvements, to find gineering, science, and technology; skills for cures, to give support, to give hope. the future; and business and community part- HONORING ROBERT C. STEWART Peter Yarrow carries the message through nerships. The foundation also concentrates its his gift of song, crossing the continent to raise efforts in communities in which it operates. HON. GEORGE RADANOVICH funds and raise awareness, with projects like One of those communities is Pittsburgh, OF CALIFORNIA the creation of ‘‘Operation Respect, ‘‘ a pro- Pennsylvania. The Alcoa Foundation has es- IN THE HOUSE OF REPRESENTATIVES gram that advocates nurturing environments tablished a five-year ‘‘Allegheny Works Initia- for children. Wednesday, November 13, 2002 tive’’, for example, in Pittsburgh. The founda- Avery Cohen, President of the Hattie tion has committed $1 million through this pro- Mr. RADANOVICH. Mr. Speaker, I rise Larlham Care Group, and Vice President of gram to programs that enhance literacy and today to pay tribute to Mariposa County Dis- the Hattie Larlham Research Institute and employment opportunities on the City’s trict III Supervisor Robert ‘‘Bob’’ Stewart for Foundation, has carried the message through Northside. The initiative relies upon local lead- his years of dedicated service to the commu- his tenacity, integrity, compassion and exper- ers to determine the community’s most press- nity. tise for the past thirty-six years. Considered a ing needs and suggest the most appropriate Bob has shown his commitment to the com- ‘‘founding member,’’ Avery joined the Board of responses to those needs. Grant awards munity through a career of public service. He Directors of the Hattie Larlham Foundation in through the initiative have included after- is a veteran who served on the California 1966. His unwavering commitment remains fo- school programs to improve young people’s Highway Patrol for twenty-eight years, pro- cused on assisting and improving the lives of study skills and discourage drug and alcohol tecting Mariposa County for twenty. As an the children and families of our community. abuse. Other programs have increased access elected official, Bob continued supporting Mr. Speaker and Colleagues, please join me to the Internet for Northside residents and pro- emergency responders by advocating newer in honoring every staff and member of the moted reading among at-risk students at a equipment for public safety employees and Hattie Larlham Foundation, and please also local school. volunteer fire departments. join me in honoring my dear friends, Peter Among its many other activities, the Alcoa Bob was first elected to the Mariposa Coun- Yarrow and Avery Cohen. I honor your dedica- Foundation funds scholarships for the children ty Board of Supervisors in 1994 and reelected tion and significant work in helping, empow- of Alcoa employees in the United States. for his second term in 1998, serving as Chair ering, inspiring, and bringing hope to children These scholarships are awarded based on in 1997 and 2002. He acted as Board liaison and families facing a challenging road. Your achievement, potential, leadership, community member to the General Government and the work and activism brings us light, guidance service and character. They are judged by a Health and Human Services areas. and strength, and gives us hope for a better national panel of college and university profes- Bob’s contributions to the community spread tomorrow. sionals. This year, 91 students received schol- beyond the numerous County projects he has f arships totaling $534,000. chaired. For the last twenty years he has also Mr. Speaker, I want to commend the Alcoa served as deacon to the First Baptist Church IN RECOGNITION OF NATIONAL Foundation for its many good works and con- of Mariposa. In all of his varied activities, Bob ADOPTION AWARENESS MONTH gratulate its staff and donors on the 50th anni- is known foremost for his honesty and integ- versary of this worthy institution. rity. HON. JAMES T. WALSH f Mr. Speaker, I rise to pay tribute to Bob OF NEW YORK Stewart for his active and dedicated commu- IN THE HOUSE OF REPRESENTATIVES HONORING ALFRED CAHN nity involvement. I urge my colleagues to join Wednesday, November 13, 2002 me in thanking Bob and wishing him many HON. GARY L. ACKERMAN more years of success. Mr. WALSH. Mr. Speaker, each year in No- OF NEW YORK f vember American families across the country IN THE HOUSE OF REPRESENTATIVES gather together in thanksgiving to recognize HONORING AND RECOGNIZING the variety of blessings they have received. It Wednesday, November 13, 2002 PETER YARROW AND AVERY is fitting that we also choose this month to rec- Mr. ACKERMAN. Mr. Speaker, I rise today COHEN ognize the importance of adoption in our soci- to honor Mr. Alfred Cahn, upon celebrating his ety. 90th birthday. HON. DENNIS J. KUCINICH Currently, thousands of children across the Al Cahn has worked with the Coler-Gold- OF OHIO country, freed for adoption, are waiting to be water Memorial Hospital on Roosevelt Island IN THE HOUSE OF REPRESENTATIVES a part of a loving and caring family with a sta- for nearly thirty years. He has been a pas- ble home and attentive parents. Many of these sionate member of the Patient Care Com- Wednesday, November 13, 2002 children have special physical, mental, or mittee, fighting to help improve the lives of pa- Mr. KUCINICH. Mr. Speaker, I rise today in emotional needs and require special nurturing tients. Al and his devoted wife, Lee, took the honor and recognition of Peter Yarrow and from devoted parents and families. Let it be time to create a family council to work with Avery Cohen, as they are honored by the Hat- known that their adoption by special people

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2015 who elect to take full responsibility for their necticut. Their success is well earned and I LOS ANGELES COUNTY DRAINAGE care, their upbringing, and their overall well- am honored to share their accomplishments AREA PROJECT RECOGNIZED being is an important service not only to these with the House of Representatives and the na- WITH TWO AWARDS children, but to our country at large. tion. The accomplishments of this organization Adoption not only provides obvious benefits are many and it is my privilege to congratulate HON. STEPHEN HORN to the affected child, but it has proven to be them on the 25th anniversary of the Indian OF CALIFORNIA one of the most rewarding experiences for Rock Nature Preserve. Environmental Learn- IN THE HOUSE OF REPRESENTATIVES many adoptive parents. We all benefit when a ing Centers of Connecticut, congratulations, Wednesday, November 13, 2002 needy child is adopted. and all the best to you in your future endeav- Mr. HORN. Mr. Speaker, I rise today to rec- The County of Onondaga in New York’s ors. 25th Congressional District will be recognizing ognize the Los Angeles County Drainage Area the importance of adoption on Friday, Novem- Project (LACDA) for recently receiving the f ber 22nd in ceremonies at Onondaga County Golden Eagle Award at the County of Los An- geles Quality and Productivity Commission’s Family Court. It is my privilege to recognize CHINA’S MILITARY THREAT and thank all those families, case workers, 16th Annual Productivity and Quality Awards AGAINST TAIWAN Program. The national award follows an earlier and staff gathered for this important event who honor, when the project was named one of the have dedicated themselves to improving the American Public Works Association’s Public welfare of our community’s children. It is my HON. EARL F. HILLIARD Works Projects of the Year. hope that this recognition further promotes the Since entering Congress, completion of this OF ALABAMA importance and benefits of adoption for all project has been one of my highest priorities. those involved. I thank all those responsible IN THE HOUSE OF REPRESENTATIVES I was pleased that Congress appropriated for organizing this special local observance of $157 million during the past seven years for National Adoption Awareness Month. Wednesday, November 13, 2002 this work to be completed five years ahead of f Mr. HILLIARD. Mr. Speaker, it seems Bei- schedule. The bipartisan commitment to this 25TH ANNIVERSARY OF THE IN- jing is applying a two-pronged Taiwan policy. project by area members of Congress and the hard work and extraordinary cooperation be- DIAN ROCK NATURE PRESERVE, On one hand, Beijing talks peace about Tai- BRISTOL, CT tween the U.S. Army Corps of Engineers and wan. It demands Taiwan accept their ‘‘one the Los Angeles County Public Works Depart- country, two systems’’ formula of unification. ment ensured that construction of LACDA pro- HON. NANCY L. JOHNSON This is their soft prong. If Taiwan is unwilling ceeded on an efficient and rapid timetable. OF CONNECTICUT to negotiate peace under this formula, there is Completion of the LACDA project—which IN THE HOUSE OF REPRESENTATIVES the hard prong—Beijing continuing to conduct began in 1996—restores flood protection to Wednesday, November 13, 2002 military exercises around Taiwan. In fact, in nearly 500,000 people living in the flood plains recent months, Beijing has deployed 400 tac- of the Los Angeles and Rio Hondo Rivers. Mrs. JOHNSON of Connecticut. Mr. Speak- tical guided missiles on China’s eastern coast, Due to the danger of severe flooding, in 1998 er, I rise to recognize an outstanding organiza- less than 200 miles from Taiwan. As sophisti- the Federal Emergency Management Agency tion, Environmental Learning Centers of Con- cated weapons, these missiles can hit targets (FEMA) mandated that area residents and necticut. I join them in celebrating a special in Taiwan easily. businesses carry flood insurance at an aver- milestone, the 25th anniversary of their Indian age cost of $400 per year. Now that the re- Rock Preserve located in Bristol, Connecticut. Beijing’s undisguised military intimidations quirement has been lifted, the County of Los The Environmental Learning Centers of against Taiwan pose a serious threat to the Angeles estimates that property owners will Connecticut has been a leader in Environ- well-being of the 23 million people on Taiwan. save a collective $22 million in annual insur- mental Education and open space land pres- After all, Republic of China President Chen ance premiums. ervation. They reach over 30,000 students a Shui-bian has assured Chinese leaders that The successful completion of this project year from more than 180 schools in Con- he wants a structured, constructive cross-strait has been a model for any major public works necticut. They currently own and manage over relationship, setting no preconditions for re- project. The federal, state, and local agencies 525 acres of open space in Connecticut and sumption of talks. He has continued to ex- involved should be proud of a job well done. are adding more land each year. press his good will, exercising utmost restraint Along with flood protection, residents also will The organization was founded in 1969 as a to avoid provoking China while liberalizing re- enjoy a cleaner, safer environment and more not-for-profit charitable organization for land strictions on socioeconomic ties between Tai- recreational opportunities. As part of the preservation and environmental education with wan and China. LACDA project, 22 miles of bike and eques- the original purchase of 40 acres of land on trian trails along the Los Angeles River have Unfortunately China has chosen to ignore Shrub Road, Bristol. Shortly thereafter they been improved and enhanced with land- President Chen’s overtures, continued its ef- completed construction of the Harry C. Barnes scaping, rest stops, and safer signage. Memorial Nature Center on Shrub Road and forts to interfere with democratic elections on Receiving the American Public Works Asso- began educational programs dealing with the Taiwan, suppressed Taiwan’s activities in the ciation’s Public Works Projects of the Year environment. Today, the Barnes Nature Cen- international community and threatened Tai- award and being honored with the Golden ter provides the public with many exhibits and wan with military force. Eagle Award from the County of Los Angeles a library. This facility is open to the public I, however, hope that China will realize that is a tribute to the many men and women who without charge. it is good for people on both sides of the Tai- envisioned, planned, and finally constructed In 1977, they received the 150 acre Indian wan Strait to live in peace, that China should this important project. I tip my hat to all of Rock Nature Preserve and enlarged their edu- allow Taiwan to be an equal partner in trade them for their fine work and congratulate them cational programs with the opening of the farm and commerce to China, since both China and on being chosen for these distinguished life program for elementary schools and a Taiwan are now members of the World Trade awards. summer day camp for youth. In 1986, the or- Organization and that any military action f ganization constructed a 3,300 square foot against Taiwan will lead to chaos and destruc- TRIBUTE TO CECIL WILLIAMS, JR. building on the preserve to accommodate tion for many countries in the region. growing educational programs and the summer camp. Just recently, they completed con- For peace and stability in the Asia-Pacific HON. MARION BERRY struction of 1,200 square foot addition to ac- region, I urge China to withdraw its missiles OF ARKANSAS IN THE HOUSE OF REPRESENTATIVES commodate their continued growth. The Cen- and reduce its stockpile. This is a constructive ter provides over 130 different educational step to avert an arms race and military con- Wednesday, November 13, 2002 subject topics for organized schools and frontation. I am pleased to see that the Euro- Mr. BERRY. Mr. Speaker, I rise today to groups throughout the year. pean Parliament has taken steps to urge honor one of Arkansas’s finest citizens, Cecil Mr. Speaker, it is clear that Environmental China to de-escalate tension in the Taiwan Williams, Jr. I am proud to recognize Mr. Wil- Learning Centers of Connecticut is an organi- Strait, and I hope other countries and other liams in the United States Congress for his in- zation of great dedication and commitment to members of Congress will issue similar pleas valuable contributions to his profession, his their mission and to the citizens of Con- to China. family, his state and his nation.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2016 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 Mr. Williams was born in Tyronza, Arkansas experience in missionary work or fund-raising, In addition to working full-time and raising on October 17, 1932. He grew up working in Maurice joined Dr. Moses Akpanado’s effort to her young family, Elberta made time in the the fertile cotton fields of Eastern Arkansas use education to improve the lives of impover- evening to work as one of the first hot line vol- before graduating from Wilson High School in ished and disadvantaged Nigerians. Today, unteers at the Marin Suicide Prevention Cen- 1950. He spent one year at Arkansas State there are more than 1000 students who attend ter. Always generous with her skills and time, University in Jonesboro and joined the United the Obong Christian Education System deep Ms. Eriksson has served on many boards and States Air Force in 1952. As a weather ob- in the jungle of Nigeria thanks to those efforts. committees, including the Marin County server in the Air Force, Mr. Williams lived in Moreover, Maurice and others have ex- Human Rights Commission, the Marin County Alabama, Texas, Illinois and Alaska. panded their work to include infrastructure im- Women’s Commission, ISOJI of Marin City, After serving his country in the military, Mr. provements and other advancements to pro- America’s Angel Campaign, and the Marin Williams enrolled at Louisiana State Univer- vide a healthier and more civilized environ- City Community Services District. sity, where he received a degree in agricul- ment for those living in remote Nigerian com- Ms. Eriksson has contributed her leadership tural economics in 1960. After graduation, he munities. There are untold thousands of vil- and commitment to provide a model of the im- spent five years working as a field representa- lagers who now enjoy clean, fresh water as a portance of community service with the high- tive for the National Cotton Council in Lou- result of Maurice’s determination to dig deep est ideals for the benefit of many. Therefore, isiana and south Arkansas. While living in wells. Villages now have power lines, electrical Mr. Speaker, it is fitting for us to rise today to Louisiana, Mr. Williams married Barbara Lee generators, libraries and dormitories all be- honor Elberta Eriksson and wish her well in Rodgers, They have three sons and currently cause Maurice and others helped persuade her next adventure. are the proud grandparents of one grand- fellow Americans to offer their financial sup- f daughter with a second grandchild on the way. port. In 1965, Mr. Williams became executive In villages throughout Nigeria, Maurice TRIBUTE TO BUD BROWN vice president of the Agricultural Council of Ar- Hennessee has received many honors. Impor- kansas [ACA] and has now served the mem- tant buildings on a college campus in that na- HON. BRAD SHERMAN bers of the ACA for more than 37 years. He tion bear his name. He has been named Hon- OF CALIFORNIA has used his experience and expertise to help orary Chief in several villages. In addition, his IN THE HOUSE OF REPRESENTATIVES readers of the ACA newsletter stay informed family has shown him their love and support Wednesday, November 13, 2002 about the rules and regulations pertaining to by becoming involved in his efforts, traveling farm, environmental and occupational safety with him on multiple occasions to Africa, as Mr. SHERMAN. Mr. Speaker, I rise today to and health policy. His influence has assisted well as supporting other mission activities in pay tribute to Bud Brown for his dedicated ef- policymakers in creating a sound farm policy Kenya and Central America with their personal forts to improve the quality of life in our com- and farmers in accessing the farm programs involvement. We owe a debt of gratitude to munity. His commitment and service to the available to help them. Maurice, his wife, Earline, and their children, San Fernando Valley is immeasurable. He is active in many professional organiza- Trina, Gary and Larry, for setting such a fine Throughout his life he has contributed count- tions and has served as president of Memphis example of American goodwill. less hours of community service by supporting Agricultural Club and Memphis Society of As- Finally, Mr. Speaker, I ask my colleagues to various organizations and acting as an effec- sociation Executives. He was named ‘‘Man of join me in paying tribute to Maurice and the tive leader for several groups. the Year’’ by the Memphis Agricultural Club in entire Hennessee family for their dedication in Since his retirement from GTE in 1993, Bud 1980. In 1986, Mr. Williams received the pres- spreading democracy and Christian charity Brown has been a driving force in cultivating tigious ‘‘Man of the Year in Service to Arkan- throughout the world and for exemplifying how relations between the private and public sec- sas Agriculture’’. otherwise ordinary Americans can achieve ex- tors in Los Angeles. His 22 years of experi- On behalf of Congress, I offer my friend, traordinary results. ence in the corporate world have been instrumental, in establishing relationships with nu- Cecil Williams, Jr., my deepest appreciation f and gratitude for his tireless dedication and merous non-profit organizations throughout the honorable service to the people of Arkansas TRIBUTE TO ELBERTA ERIKSSON Valley. Bud has found ways to utilize his pro- and the field of agriculture. fessional and volunteer talents by serving on f HON. LYNN C. WOOLSEY the boards of many institutions. Despite his re- OF CALIFORNIA tirement he just recently completed his eighth MAURICE DEAN HENNESSEE: AN IN THE HOUSE OF REPRESENTATIVES year as Community Relations Manager at EXTRAORDINARY AMERICAN Hamer Toyota in Mission Hills. Wednesday, November 13, 2002 During his career in public service he has HON. JAMES A. BARCIA Ms. WOOLSEY. Mr. Speaker, we rise today served as founder and leader of a variety of OF MICHIGAN to recognize Elberta Eriksson, who is retiring local organizations. His commitment includes IN THE HOUSE OF REPRESENTATIVES as the Director of the Family Service Agency serving as President of New Directions for of Marin’s Multi-cultural Outreach Program Youth, Board member of the Fernando Award Wednesday, November 13, 2002 after thirty years of dedicated service to her Foundation, and Major Gifts Committee for the Mr. BARCIA. Mr. Speaker, I rise today to community. North Valley Family YMCA. He is also a pay tribute to Maurice Hennessee of Clio, Through the years, Elberta has been com- strong supporter of the Holy Cross Medical Michigan. Maurice has used his retirement mitted to community service, dedicated to Center, Mission Hills Chamber of Commerce, years to make a difference in the world in strengthening families and children and ad- and the Los Angeles Mission College Founda- which we all live and he has become an im- vancing human rights. In the early 1970’s, as tion. More recently, he has expanded his ef- portant component in spreading democracy a professional social worker, Ms. Eriksson was forts to serve as Commissioner for the City of and assisting in the infrastructure and edu- one of the first to bring mental health services San Fernando cational development of the African nation of to Marin City. Through Operation Give a Bud Brown has been honored with a num- Nigeria. Damn, a grassroots organization that brought ber of awards in recognition of his accomplish- Maurice first served his country while serv- a unique mentoring program to the youth of ments as a community leader, including the ing as an enlisted man with the United States Marin City, Elberta developed a cultural com- City of Los Angeles Volunteerism Award and Air Force’s 328th Air Fighter Air Defense petency program for professional and para- KNX Citizen of the Week. Other groups that Group during the Korean War. Following his professional mental health providers. have noted his tremendous achievements in- tour of duty, he served four years in the Air Under Ms. Eriksson’s visionary leadership, clude the San Fernando Valley Girl Scout Force Reserve. He then returned home and the Multi-Cultural Outreach Program, spon- Council, Encino-Sherman Oaks Optimist Club, began his 38-year career with General Motors sored by the Family Service Agency of Marin, Valley Interfaith Council, Heaven on Earth Corporation, Buick Motor Division in Flint, was launched. Through this esteemed pro- Ranch and the Black American Political Asso- Michigan. gram, Elberta personally provided hundreds of ciation. Lastly, in 1995 he was one of the first However, it was after his retirement from hours of family counseling as well as super- recipients of the prestigious Fernando Award. General Motors and during his recovery from vised graduate students from San Francisco Mr. Speaker, please join me in recognizing experimental surgery to repair a seriously in- State University during their internship, adding Bud Brown, an amazing individual who has jured foot that Maurice found the path that a rich, multi-cultural counseling program for dedicated his life for the betterment of the San would lead him to Nigeria. Although he had no the entire county. Fernando Valley.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2017 MARTIN WALZER HONORED TRIBUTE TO BEN C. ANDERSON, to balance our need for safe driving on the PRESIDENT, BUILDING INDUS- borders with the interests of a safe and legal TRY ASSOCIATION OF SOUTHERN flow of people across the borders too and HON. PAUL E. KANJORSKI CALIFORNIA from the United States. At a time when our border patrol officers OF PENNSYLVANIA HON. KEN CALVERT and Immigration and Naturalization Service IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA (INS) inspectors face heavy workloads, H.R. IN THE HOUSE OF REPRESENTATIVES 2155 would impose new duties unrelated to Wednesday, November 13, 2002 terrorism that could potentially overwhelm the Wednesday, November 13, 2002 Mr. KANJORSKI. Mr. Speaker, I rise today resources and personnel available at our bor- to call the attention of the House of Rep- Mr. CALVERT. Mr. Speaker, I rise today to ders. In the wake of the September 11th trag- honor and pay tribute to an individual whose edies, it is important that we allow INS agents resentatives to the service to the community of dedication and contributions to Southern Cali- and officials do to their jobs correctly and effi- Martin Walzer, who will receive the Robert N. fornia are exceptional. Southern California has ciently, without burdening them with new re- Pursel Distinguished Community Achievement been fortunate to have dynamic and dedicated sponsibilities normally assigned to state law Award. The Danville, Pennsylvania, Chapter of community leaders who willingly and unself- enforcement agencies. We must be careful not the American Red Cross will present this ishly give time and talent to making their com- to stretch the limited resources beyond INS’s award to him on November 16 in recognition munities a better place to live and work. Bob immigration and anti-terrorism functions. of his lifetime of service to the community. Anderson is one of these individuals. At the I am also concerned that H.R. 2155 could Mr. Walzer was born in 1942 in Bethlehem, end of the year, Ben will be stepping down as be improperly used to target persons on the President of the Building Industry Association basis of race, ethnicity or national origin un- Pennsylvania, the third child of Martin Shubert of Southern California after many years of less safeguards are added to prevent racial and Mary Flexer Walzer. He graduated from dedicated service. profiling. During mark-up of H.R. 2155, a sen- the Hill School in Pottstown and graduated Ben has worked through BIA/SC, the Cali- sible amendment was offered to monitor from Cornell University with a degree in agri- fornia Building Industry Association (CBIA) whether law enforcement uses their authority cultural economics. His connection to the and the National Association of Home Builders in a discriminatory manner to detain, test and Danville area began when he went to work in (NAHB) to promote the building industry’s con- arrest persons suspected of driving under the sales for his father’s wholesale food distribu- tributions to the communities that it serves, to influence of drugs or alcohol. Unfortunately, tion company. advocate on behalf of his colleagues and to this amendment was defeated and the bill create new home-ownership opportunities. brought before the full House contained no ac- One of his customers in the Danville area Ben has exemplified leadership and dedicated countability measures to prevent racial was the owner of the Pine Barn Inn, Margaret service to the building industry as a CBIA and profiling and provided no opportunity to ad- Bush, and when she decided to get out of that NAHB director, as BIA/SC Secretary/Treas- dress this issue further. business, he bought it and has become known urer, Second Vice President, First Vice Presi- I believe this amendment was a modest re- as Danville’s ‘‘goodwill ambassador.’’ He has dent and President. quest that would have made the underlying bill also grown the business over the years and it Ben has also served as a member of the stronger. New authority (such as the new au- now has more than twice as many rooms as Board of Directors for the Boys and Girls Club thority granted in H.R. 2155) that creates a it did when he bought it. in the City of Fontana and continues to be ac- risk of racial profiling should be accompanied tive in several business organizations both in by accountability mechanisms that measure Mr. Walzer is a member of the Danville the Inland Empire and Orange County. whether profiling has occurred. It is important Area Community Center board of directors Ben has worked tirelessly to ensure that all that in our pursuit for greater safety we do not and a founding member of the Danville Area Southern Californians have the opportunity to violate the rights of certain individuals based Community Foundation executive board. He achieve the American Dream of home owner- merely on race, ethnicity or national origin. has participated in numerous additional com- ship, and to promote housing as a community I support measures that seek to reduce munity organizations over the years, including asset which strengthens the fabric of our drinking and driving in America’s communities the Danville Chamber of Commerce, Iron Her- many neighborhoods in Southern California. and neighborhoods. But in these efforts we itage Festival, Montour County Recreation Au- Ben has been a dedicated, strong and effec- must be careful not to weaken existing law en- thority and the Greater Danville Industrial De- tive voice for the principles and ideals of Cali- forcement functions or violate the rights of the velopment Corporation. fornia’s building community during his years American people. Regrettably, H.R. 2155 does as a member and leader of the Building Indus- not meet these goals. He has also made large-scale contributions try Association of Southern California. f to the community, such as donating the land Ben’s diligent work as the President of that Geisinger Medical Center used to create Building Industry Association of Southern Cali- EXPRESSING SORROW OF THE its main entrance as well as donating approxi- fornia has contributed immeasurably to the HOUSE AT THE DEATH OF THE mately $6,000 to the Danville Area Community betterment of Southern California. His involve- HONORABLE PAUL D. WELLSTONE, SENATOR FROM Center by covering the cost of its 15th anni- ment in community organizations makes me THE STATE OF MINNESOTA versary fundraising dinner. proud to call him a fellow community member, American and friend. I know that all of the SPEECH OF ‘‘Just as generous, though, are the many residents and homeowners of Southern Cali- smaller kindnesses,’’ as the Danville News fornia are grateful for his service and salute HON. ELIJAH E. CUMMINGS stated in the article announcing Mr. Walzer him as his term comes to an end. I look for- OF MARYLAND had been chosen for this award. ward to working with him in the future for the IN THE HOUSE OF REPRESENTATIVES Because his inn is next to the busy good of our community. Tuesday, November 12, 2002 f Geisinger Medical Center, Mr. Walzer has Mr. CUMMINGS. Mr. Speaker, I rise today taken advantage of many opportunities to put IN OPPOSITION TO H.R. 2155, to honor a great American and a great man— his generosity and caring into action, whether SOBER BORDERS ACT Senator PAUL WELLSTONE. The passing of that simply means being supportive to families Senator PAUL WELLSTONE creates a void that with a loved one in the hospital with a serious HON. BETTY McCOLLUM is impossible to fill—it is a tragedy for this na- illness or injury or going further to loan them OF MINNESOTA tion and a personal tragedy for me. clothes and give them rides to Williamsport or IN THE HOUSE OF REPRESENTATIVES PAUL WELLSTONE was a tireless fighter for Scranton. what he believed in. He was a man whose Wednesday, November 13, 2002 honor is unquestioned, whose energy was in- Mr. Speaker, I am pleased to call to the at- Ms. McCOLLUM. Mr. Speaker, I rise today fectious, and whose dedication to his coun- tention of the House of Representatives the in opposition to H.R. 2155, the Sober Borders try—and those ideals upon which it was long record of service to the community of Act. built—was obvious in everything he did. PAUL Martin Walzer, and I congratulate him on this While I support the intent of this legislation, WELLSTONE’s passing robs voiceless Ameri- well-deserved award. I am concerned H.R. 2155 unnecessarily fails cans—the poor and disenfranchised—of one

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2018 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 of their greatest advocates. And it leaves standing contribution to Shrewsbury Commu- I am honored to congratulate Dick Spees on those of us bent on furthering a progressive nity Services, as well as to the residents of all of his remarkable accomplishments. The agenda without one of our greatest leaders. Shrewsbury. people of Oakland will lose a true leader with Mr. Speaker, I also rise today to mourn the The First Congregational Church is a mem- Dick Spees’ retirement, but his legacy of tire- loss of one of the hardest-working people I ber of the Shrewsbury Ecumenical Council less dedication to improving lives will endure. have ever known. PAUL WELLSTONE earned and is active in a wide range of local and f himself a scholarship to the University of North international community service. The Church Carolina as a student and an athlete. Four devotes its time to support food donations, HONORING CATHLEEN BARNIER OF years after graduation he was awarded a clothing drives, academic scholarships, among SONOMA COUNTY, CA Ph.D. in political science and began a 21-year many other worthy causes. teaching career in which he became increas- On the international level, the Church has HON. MIKE THOMPSON ingly involved in community organizing. In been active in the Caribbean by providing OF CALIFORNIA 1990, PAUL WELLSTONE—an under-funded un- medical and dental care free of charge to derdog—ran a long-shot campaign for the those in need of help. Additionally, the Church HON. LYNN C. WOOLSEY United States Senate, which he won by ener- has worked on the HEFFA Project, an inter- OF CALIFORNIA gizing ordinary Minnesotans. 12 years later, national organization that helps countries be- IN THE HOUSE OF REPRESENTATIVES his political legacy stands as testament to him come self-sufficient. Wednesday, November 13, 2002 keeping his promises. Mr. Speaker, it is a pleasure to inform the Unlike many politicians, there was no dis- U.S. House of Representatives about the hard Mr. THOMPSON of California. Mr. Speaker, connecting between PAUL WELLSTONE’s polit- work that the First Congregational Church of we rise today to honor Cathleen Barnier of ical ideology and the way he lived his life. Shrewsbury, Massachusetts has done over Sonoma County, California, upon her retire- PAUL was the Senator who knew the names of the past few years. It is always important to ment from 30 years of leadership in the man- the elevator operators and waiters in the Sen- have citizens join together to help others. I am agement of community-based non-profit orga- ate Dining Room. He was the Senator who, confident that the entire U.S. House of Rep- nizations. according to James W. Ziglar, a Republican resentatives joins me in congratulating the For the last 10 years, Cathleen has been who was Sergeant-at-Arms of the Senate from First Congregational Church for receiving the the President and CEO of Goodwill Industries 1998 to 2001, returned late one evening to his Harry S. Cutting, Jr. Award. of the Redwood Empire (GIRE), an agency office to tell the cleaning staff how much he f providing employment and training programs, retails stores, business services, and recycling appreciated their work. PAUL WELLSTONE’s HONORING THE RETIREMENT OF unique authenticity, and his ability to remain programs in six northern California counties. OAKLAND CITY COUNCILMEMBER During her tenure, GIRE has been an active true to his roots distinguished him here in DICK SPEES Washington and, as many Minnesotans will partner in community employment and edu- tell you, back in his home state. cation initiatives. PAUL WELLSTONE was an unabashed liberal. HON. FORTNEY PETE STARK Prior to her work at GIRE, Cathleen served He believed that every American should have OF CALIFORNIA as Executive Director of the Family Service access to affordable health care and good IN THE HOUSE OF REPRESENTATIVES Agency of Sonoma County and Service Direc- public schools, that our foreign policy should Wednesday, November 13, 2002 tor of the American Cancer Society of North- be based first and foremost on the sanctity of Mr. STARK. Mr. Speaker, I rise today to ern California. She also worked at Sonoma all human life—American or otherwise. And he recognize Oakland City Councilmember Dick State Hospital, Sonoma County Adoption knew that coming down on the right side of an Spees on his retirement after 24 years of dis- Agency, and North Bay Regional Center. issue—keeping in-line with his morals and eth- tinguished service. Cathleen’s community involvement includes ics—was always more important than voting Dick Spees is a leader on issues of eco- active roles with the Workforce Investment with the majority or in a politically-motivated nomic development, marketing, finance, qual- Board, Santa Rosa Chamber of Commerce, way. PAUL WELLSTONE voted against the Per- ity of life, public safety, and regional planning. Business Education Round Table, Economic sian Gulf War as one of his first acts as a Throughout his tenure on the City Council, he Vitality Project, Santa Rosa Rotary, and Senator, and just recently was the only Sen- has remained committed to providing top- School to Career. She was also appointed by ator facing re-election who voted against giv- notch service and programs to his constitu- the Governor to the State Department of Re- ing President Bush authority to conduct pre- ents. habilitation Advisory Council. emptive and unauthorized military strikes on Bolstering Oakland’s economy and creating Mr. Speaker, Cathleen Barnier has provided Iraq. PAUL was a man who did not com- new recreational and educational facilities are exemplary service to the community for over promise his ideals. top priorities for Dick Spees. He has led ef- 30 years, demonstrating that compassion and Mr. Speaker, I rise today in honor of Sen- forts to found the Chabot Space and Science commitment combined with leadership and ator PAUL WELLSTONE. In an era where the dif- Center, Oakland-Sharing the Vision, Oakland ability result in success. We are proud to ference between talk and action is often enor- Tours, Bay Area Economic Forum, Bay Area honor Cathleen for her achievements and to mous, PAUL WELLSTONE was a man who lived World Trade Center, and Bay Area Bioscience wish her well in her future life traveling and as he spoke. I believe that America is better Center. spending time with family and friends. for it. With his support, Oakland has purchased f f open space, built new recreation centers, libraries, and cultural facilities, and upgraded TRIBUTE TO COMANCHE ELEMEN- HONORING THE FIRST CONGREGA- emergency response facilities and equipment. TARY SCHOOL OF SHAWNEE MIS- TIONAL CHURCH OF SHREWS- The Oakland Fire Assessment District and an SION, KS BURY, MA incentive program that encourages property owners to make seismic improvements to their HON. DENNIS MOORE HON. JAMES P. McGOVERN homes were formed under his leadership. OF KANSAS OF MASSACHUSETTS As Chair of the City Council’s Rules Com- IN THE HOUSE OF REPRESENTATIVES mittee, Dick Spees has overseen campaign fi- IN THE HOUSE OF REPRESENTATIVES Wednesday, November 13, 2002 nance reform, the sunshine ordinance, the lob- Wednesday, November 13, 2002 byist registration ordinance, and the formation Mr. MOORE. Mr. Speaker, I want to take Mr. MCGOVERN. Mr. Speaker, I rise today of the public ethics commission. this opportunity to recognize and commend to pay tribute to the men and women of the A true civic leader, Dick Spees has rep- the students of Marilyn Tieszen, a kinder- First Congregational Church of Shrewsbury, resented Oakland on many Bay Area regional garten teacher at Comanche Elementary Massachusetts for receiving the Harry S. Cut- agencies, including the Association of Bay School of Shawnee Mission, KS, which is lo- ting, Jr. Award for community service in the Area Governments, the Bay Area Economic cated in the Third Congressional District of town of Shrewsbury. Forum, the Regional Airport Planning Com- Kansas. The Harry S. Cutting Award is given out by mittee, the Bay Area World Trade Center, Following the tragic terrorist attacks of Sep- Shrewsbury Community Services to recognize Oakland Base Reuse Authority, the City-Port tember 11, 2001, Ms. Tieszen had her stu- members of the community who, through their Liaison Committee, and the BART-Oakland dents create an American flag, using a white support and commitment, have made an out- Airport Connector Stakeholders Committee. sheet, and dipping their hands in red and blue

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2019 paint to make the stripes and the blue back- TAIWANESE VICE PRESIDENT LU’S China, enabling growing economic inter- ground for the stars. The flag was presented NATIONAL DAY ADDRESS TO dependence between them. However, politi- to U.S. Army Captain John Townsend, who THE PRC cally, Mainland China still adheres to com- munism, and also deploys missiles aimed at has two children who are students at the free and democratic Taiwan. school. Captain Townsend is the Executive HON. BENJAMIN A. GILMAN Both sides of the Taiwan Strait share ori- Officer for the School of Advanced Military OF NEW YORK gins but are politically different and even Studies at Fort Leavenworth’s United States IN THE HOUSE OF REPRESENTATIVES nervously against each other. This is because Army Command and General Staff College. they hold different views over values of Wednesday, November 13, 2002 human rights, democracy and freedom. After receiving the flag, Captain Townsend Mr. GILMAN. Mr. Speaker, on October 1st, While both sides share economic interests, it hung it in Eisenhower Hall at Fort Leaven- 2002, Taiwanese Vice President Annette Lu would be impractical and inhumane to talk worth, Kansas, for a few weeks, where, in his delivered a congratulatory speech marking the about political integration if the gap in the words, ‘‘it got rave reviews and many people 53rd anniversary of the foundation of the Peo- human values we believe in cannot be nar- rowed. commented that it was unfortunate that all ple’s Republic of China. For the attention of service members would not be able to appre- my colleagues, I am submitting the full text of 3. CHINA VS TAIWAN ciate it.’’ As a result of the very positive recep- Vice President Lu’s speech into the CONGRES- Among the 192 countries in the world, China ranks as the 6th largest trading nation it received at the Fort, the flag was then SIONAL RECORD: tion. Taiwan is the 16th. However, Taiwan mailed to an Army infantry unit conducting a NEW CENTURY, NEW THINKING, NEW CROSS- has 23 million people and is small in size, and peacekeeping mission in Kosovo. It arrived a STRAIT PERSPECTIVES China has 1.3 billion people. Taiwan’s democ- few days before Christmas and hung at sev- (By H.E. Vice President Annette Lu) racy is well developed, and people have many eral of their sites through the new year. From 1. CONGRATULATIONS ON THE NATIONAL DAY OF channels to participate in politics. They there, it was taken to an Airborne unit that THE PEOPLE’S CHINA have the right to run for all elected offices, including that of president and heads of ‘‘jumped’’ it into Tunisia, North Africa. Next it Today is the National Day of the People’s Republic of China. I presume that the whole township. However, because of Beijing’s un- was displayed on the aircraft carrier USS John relenting suppression attempts, Taiwan has C. Stennis, which was supporting Operation country is joyfully celebrating this occasion. Via broadcast of the Voice of America, on be- been excluded from the international stage, Enduring Freedom in the Persian Gulf. half of the people of Taiwan, I want to wish which greatly alienates the people of Tai- wan. Many countries want to establish diplo- prosperity to your country. Since its founda- Following the display on the USS Stennis, matic relations with Taiwan, but dare not to tion, the PRC has made great strides, espe- the Comanche Elementary School flag was do so due to China’s pressure. The ROC was cially in the areas of economic and infra- one of the founding members of the United flown to an Army Explosive Ordnance unit in structure development following twenty- Nations and a permanent member of its Se- Afghanistan, which had just lost two soldiers, years of open door and reform policies. These curity Council, but both memberships were one being from Kansas. After that, the flag accomplishments are truly admirable, went to the Pentagon, where it hung for three Besides congratulations to all of you, I taken over by the PRC in 1971. Beijing’s au- also have some expectations and suggestions thorities have barred Taiwan efforts to par- weeks in the reconstructed part of the building ticipate in the UN ever since and does its that had been attacked on September 11th. on this day. China should not forget its responsibility to contribute to peace and de- best to insult Taiwan in the international As Captain Townsend told me, ‘‘few people velopment in the Asia-Pacific region. We community at every turn. May I ask how can could pass it without stopping and appre- should seek to become good neighbors and the people of Taiwan like China if the PRC ciating the spirit and patriotism it displayed.’’ not resort to force, but seek peaceful co-ex- persists in its attempts to suppress Taiwan? The flag then was displayed at the U.S. Su- istence and cooperation. Although we advocate that Taiwan does not belong to the PRC, we think that our 2. ‘‘ONE CHINA’’ AND ‘‘THREE CHINESES’’ (THREE preme Court and the U.S. Capitol, before two peoples across the Taiwan Straits can briefly being returned home to Comanche Ele- ZHONGHUAS) work together. In recent years, many Tai- mentary School, where it is now being dis- The Beijing regime has long proclaimed wanese business people have made wide- played. that Taiwan must accept its ‘‘One China’’ range investments in China creating employ- principle that Taiwan is a part of China and ment opportunities, foreign exchange re- Mr. Speaker, a book that logged its travels that only the PRC can represent China. The serves, and introducing know-how and man- accompanied the flag everywhere it went. At people of Taiwan cannot accept this, the big- agement skills. This helps energize the eco- each stop the unit took pictures of its visit and gest obstacle to normalization of cross- nomic development of China and upgrade its then sent them on with the flag so its travels Strait relations at present. Since its estab- quality control. 70% of IC products in Main- lishment in 1949, the PRC has never exer- are well documented. In most cases the unit land China are actually manufactured by cised jurisdiction on Taiwan, while Taiwan Taiwanese. The people of Taiwan are willing sent a letter or e-mail praising the students’ has its own government, land and people. It to help you, but your government has never patriotism. At Comanche Elementary School is an undisputable fact that for half a cen- ceased to attempt to suppress Taiwan and the students and faculty have created a large tury; neither side belonged to the other. deployed missiles along your Southeast display in the foyer just inside the front door Asking Taiwan to accept the ‘‘One China’’ coast to intimidate Taiwan. How do Tai- principle is tantamount to asking Taiwan to wanese people think of this odd behavior? so that everyone who comes into the building surrender, which is totally unacceptable. can see it: a large map with the visited areas We believe that a different ‘‘Chinese’’ con- 4. NEW THINKING ON CROSS-STRAIT RELATIONS highlighted, including pictures from those loca- cept may be in line with New-Era thinking. Some say that time is on China’s side in tions. Facing the impact of globalization, from the relation to enduring cross-Strait issues. so-called ‘‘Chinese’’ have already emerged However, I still think that the matter re- As Captain Townsend told me, ‘‘I receive e- three categories or totally different con- garding Taiwan and China is not a matter of mails almost daily from soldiers and civilians cepts: these are ‘‘Political Chinese’’, ‘‘Eco- time, nor a matter of unification or inde- around the world that have seen this flag and nomic Chinese’’ and ‘‘Cultural Chinese’’. pendence. China and Taiwan are like a lion were thankful that they got to see it. In most ‘‘Political Chinese’’ refers to the political and a kitten. How to turn the claws-bran- cases it brought tears to their eyes. In some structure of ethnic Chinese at the present dishing lion into a gentle and auspicious lion that can make the kitten (Taiwan) want to cases it brought a ray of hope to people that historical stage, which includes ‘‘The Peo- ple’s Republic of China’’ under communist embrace it takes great wisdom and kindness were down from losing friends/comrades and rule and Taiwan’s ‘‘Republic of China’’ under on both sides across the Taiwan Strait. In for others it was a sign of support from a com- free democratic rule. ‘‘Economic Chinese’’ is short, to co-exist peacefully, we need to help munity half way around the world.’’ the ‘‘Greater Chinese Economy’’ advocated each other while maintaining a safe distance at the same time. Consequentially, the lion I am very proud of the patriotism and cre- by various scholars, it includes economies composed of ethnic Chinese in China, Hong and the kitten can each live their own lives ativity of Marilyn Tieszen’s kindergarten class Kong, Macau, Taiwan, and Singapore. ‘‘Cul- without provoking each other, and they can at Comanche Elementary School, who worked tural Chinese’’ comprises culturally related also help each other at times. together to create a wonderful symbol of Chinese societies and groups as well as Chi- It is my belief that if cross-Strait relations America during our ongoing time of great chal- nese benevolent associations all over the are to develop properly, the relations be- lenge. Mr. Speaker, I hope that you and all world. tween Taiwan and China cannot be considered merely economic. Taiwan is a demo- Members of this House will Join with me in Obviously, these three ‘‘Chineses’’ occupy different areas and are essentially different. cratic island nation, while China is a one- commending their spirit and thanking them for Pursuit of economic gains may have en- party authoritarian inland nation. We be- the inspirational symbol they created for dis- hanced trade and exchanges of human re- lieve that there should be more ideology play around the world. sources and capital between Taiwan and deconstruction and better communication

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2020 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 between two sides, then and only then may dungeons, the S[iacute]yah Ch[aacute]l. After TRIBUTE TO CHIP PRATHER we find some common ground. So, how his release from this dungeon, should the two sides treat each other? Presi- Bah[aacute]’u’ll[aacute]h promoted this mes- dent Chen Shui-bian openly announced that HON. GARY G. MILLER sage despite being banished from Baghdad to the interaction between the two sides must OF CALIFORNIA Istanbul, from Istanbul to Edirne, and eventu- be based on three premises of ‘‘peace, equal- IN THE HOUSE OF REPRESENTATIVES ity and democracy’’, among which peace ally from Edirne to the prison city of Acre across the Taiwan Strait is the most impor- where he died in 1892 after having lived in Wednesday, November 13, 2002 tant. Leaders across the Strait should first exile for forty years for his belief in the one- Mr. GARY MILLER of California. Mr. Speak- put aside the political dispute and start with ness of humanity. er, I rise to commend Chip Prather, Fire Chief seeking peaceful co-existence and mutual in- The Bah[aacute]’[iacute] Faith is based on of Orange County, California. terest, and use this kind of new thinking to the principles of cooperation and peace out- Chip Prather became Fire Chief for the Or- begin a new era in cross-Strait relations. lined by Bah[aacute][uacute]ll[aacute]h. He As to how to resolve the cross-Strait im- ange County Fire Authority on October 1, taught that there is only one God, that the passe regarding sovereignties, leaders of both 1997. In this capacity he is responsible for the conscience of man is sacred and to be resides should realize that in the new century, daily operation of one of the largest fire orga- spected, that racial diversity contributes to the where globalization and the emphasis on nizations in California. Under his direction are knowledge are the mainstream, people all overall beauty of mankind, and that women 1,300 career firefighters, reserve firefighters over the world are realizing that overly and men are equals in God’s sight. He taught and support staff. The OCFA serves 22 cities stressing territory and sovereignty has be- that a spiritual solution is required to address and unincorporated areas of Orange County, come out-dated, and that a country should the disparities of wealth distribution and that with a total population of more than 1.3 mil- be ruled by its people rather than its govern- religion and science must agree. He was ment. lion, from 59 fire stations. among the first to express the need for an Since May 20, 2000, President Chen has on Prior to becoming Fire Chief, Mr. Prather international auxiliary language, emphasize many occasions expressed goodwill toward served as Assistant Director of Fire Services/ the Chinese government as well as his sin- the importance of universal education, and ad- Operations. He was selected by the Orange cerity to reopen negotiations. Nevertheless, vise that a commonwealth of nations was County Firemen’s Association as the 1995 Beijing is still not willing to face reality, needed for establishing global peace and se- ‘‘Firefighter of the Year.’’ In 1998, as a bat- and even further attempts to suffocate Tai- curity. The significance of these principles talion chief, he was assigned to the Authority’s wan’s international living space. In the could not be overemphasized in today’s vola- meantime, it continues to use the ‘‘One first master plan. He was promoted to Division tile world. China’’ principle as a premise to boycott Chief in 1989 and a year later to Assistant Di- cross-Strait negotiations and create barriers It is astounding to think how advanced these concepts were 150 years ago not only rector of Fire Services. in cross-Strait communications. This is in- Chief Prather served as Incident Com- deed a pity. in an ancient Persian culture, but also in the The new century has arrived. Looking to- United States. Slavery and persecution based mander for the 1993 Laguna Fire and was reward the future, human rights, democracy, on race were widely accepted facts of life at sponsible for the after-action report that has peace, love land technological development that time. Women in the United States were resulted in numerous changes in policies and are universal values in the 21st century. Gov- still 70 years away from getting the vote. Glob- procedures to improve fire safety in Southern ernments and people across the Strait should California. His report provides a case study for adopt the new thinking to be able to think al literacy was low and universal education was unheard of in most places. Colonial ex- unified command operations and disaster globally and act first in the Asia-Pacific re- management. gion. We should jointly seek co-existence, ploitation was on the rise and workers enjoyed prosperity and sustainable development few protections. Chief Prather holds a Bachelor of Arts De- across the Taiwan Strait. Unfortunately, just as the Bahd’i message gree in Management and has completed the Today, as 13 billion people in China happily was met with hostility in Persia in 1852, it still Harvard University John F. Kennedy School of celebrate the 53rd anniversary of the found- faces persecution in that region today. The Is- Government Program for Senior Executives in ing of the PRC, I sincerely wish prosperity to lamic Republic of Iran regards Bahd’is as state and local government. He has also at- the country and wellbeing to all its people. I heretics who, according to Islamic law, should tended the United States Fire Administration would also like to urge leaders across the National Fire Academy, completing the Execu- Strait to jointly work on creating peace for be executed. Bah[aacute]’[iacute]s, along with the world. Iran’s other religious minorities, are prevented tive Fire Officer Program. from exercising their right to religious freedom. Chief Prather has dedicated his life to pro- f They are excluded from institutions of higher tecting our community and is noted for his fa- COMMEMORATING THE 150TH ANNI- education, denied jobs, and have had many of vorite saying, ‘‘Be tough, be tender, be safe.’’ VERSARY OF THE their holy places, cemeteries and properties BAH[Aacute]’[Iacute] FAITH seized or destroyed. They are denied their f most basic human rights. CONFERENCE REPORT ON H.R. 4546, HON. MARK STEVEN KIRK Since 1982, Congress has adopted eight BOB STUMP NATIONAL DEFENSE resolutions condemning Iran’s treatment of the OF ILLINOIS AUTHORIZATION ACT FOR FIS- IN THE HOUSE OF REPRESENTATIVES Bah[aacute]’[iacute]s, its largest religious mi- CAL YEAR 2003 nority. With the support of the U.S. govern- Wednesday, November 13, 2002 ment, the UN General Assembly has adopted SPEECH OF Mr. KIRK. Mr. Speaker, the American annual resolutions condemning these human Bah[aacute]’[iacute] community, which has its rights abuses. Yet, Bah[aacute]’[iacute]s is still HON. JAMES R. LANGEVIN national headquarters in Illinois, is commemo- await the religious freedom called for in those OF RHODE ISLAND rating the 150th Anniversary of the beginnings UN resolutions and promised in Iran’s con- IN THE HOUSE OF REPRESENTATIVES of the Bah[aacute]’[iacute] Faith in Iran. The stitution. The Bah[aacute]’[iacute] community Tuesday, November 12, 2002 Bah[aacute]’[iacute] Faith is a world religion remains an oppressed religious minority and is with more than 5 million adherents in some denied rights to organize, elect leaders, and to Mr. LANGEVIN. Mr. Speaker, last night the 230 countries and territories including more conduct freely its religious activities. House approved the conference report for than 140,000 members here in the United On the 150th anniversary of H.R. 4546, the Bob Stump National Defense States. The Bah[aacute]’[iacute] House of Bah[aacute]’u’ll[aacute]h’s imprisonment and Authorization Act for Fiscal Year 2003. Pas- Worship in my district of Illinois is registered the founding of the Bah[aacute]’[iacute] Faith, sage of that legislation represents an impor- as a national historic site that has drawn more we salute along with the American tant commitment by Congress to a strong nathan five million visitors to enjoy its unique ar- Bah[aacute]’[iacute] community the ideals of tional defense and to the men and women chitecture and serene gardens since its com- universal brotherhood, peace, cooperation, who provide it. pletion in 1953. and understanding espoused by As the United States continues to prosecute This is a special time for the American Bah[aacute]’u’ll[aacute]h. These are the war against terrorism, it is essential that Bah[aacute]’[iacute] community because it was Bah[aacute]’[iacute] values, they are American our armed forces are appropriately equipped. during the autumn 150 years ago that the values, and they are universal values. I also The conference report provides vital support founder of the Bah[aacute]’[iacute] Faith, would like to recognize the immense sacrifices for homeland counterterrorism programs, in- Bah[aacute]’u’ll[aacute]h, was first over- that many around the world have made striv- creased weapons capability, and military re- whelmed with the Bah[aacute]’[iacute] mes- ing to ensure that true liberty and justice for all search and development. Additionally, it rec- sage of love and unity while unjustly impris- becomes not just an American dream, but also ognizes the important role of our men and oned in one of Persia’s (now Iran’s) worst a global reality. women in uniform by providing a 4.1 percent

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2021 pay raise and authorizing a force increase of cure America’s Future, was endorsed by the Winning the respect of his own staff and the 40,000 people. Administration, and included over a half a bil- immigration support community, Mr. Schiltgen I am particularly pleased that the conference lion dollars for partial repeal of the dollar-for- has managed to virtually eliminate the backlog agreement includes language prohibiting the dollar offset of military retired pay and VA dis- and has reduced the waiting time to as little as military from requiring or strongly encouraging ability compensation. Specifically, H. Con. six months for most naturalization and adjust- U.S. servicewomen in Saudi Arabia to wear Res. 353 earmarked over $500 million as a ment of status cases. The efficiency of the of- the abaya—a long black garment required for first step in FY 2003, with increasing amounts fice was shown dramatically this year when women under Islamic law. I have been work- over the next five years, providing a cumu- nearly 5,000 applications were handled in a ing with the gentleman from Indiana, Mr. lative total of $5.8 billion to fund concurrent re- single day at the end of a family reunification HOSTETTLER, and the gentlewoman from New ceipt for America’s most severely disabled program. Mexico, Mrs. WILSON, to remove this unneces- military retirees. Mr. Speaker, although the Los Angeles Dis- sary and degrading mandate. The Defense Just over one month ago, on October 10, trict serves all of Southern California, I want to Authorization conference report ends this dou- 2002, the House reiterated its dedication to pay special tribute to Mr. Schiltgen on behalf ble standard and guarantees that our service- righting this long-standing injustice. We of the Inland Empire. Under his leadership, the women are not treated as second-class citi- passed, by a vote of 391–0, instructions to the INS has opened a wonderful new office in San zens. conferees to retain the concurrent receipt lan- Bernardino, and provided a much wider range Additionally, the legislation breaks new guage during their negotiations with the Sen- of services closer to home for thousands of ground by establishing a concurrent receipt ate. Unfortunately, that was not enough to immigrants who live and work in my district. program. For too long, our disabled military re- bring the conference to closure and give our The new INS office is an asset to the down- tirees have witnessed their military retirement military retirees what they deserve. town of my home town, and provides a warm and professional face for the federal govern- pay reduced by the amount they receive in I would like to thank Rep. MIKE BILIRAKIS for his vigorous work on this issue. And I would ment in the city. disability compensation. I have fought against Mr. Schiltgen has also opened an expanded this injustice since arriving in Congress and like to thank the 402 members of this House, who in addition to myself, cosponsored his bill, service center in Orange County, and has am pleased that this legislation will provide helped redesign the main INS facility in Los greater assistance to many of those who have H.R. 303 to provide full concurrent receipt for our veterans. Over 400 Members were com- Angeles to provide heightened privacy, con- made sacrifices for our nation. venience and service for those who have The National Defense Authorization Act is a mitted to ending this unfair penalization of our military retirees who were disabled during their come to our nation seeking the American great achievement and an appropriate rec- dream. ognition of Chairman BOB STUMP’s dedicated military service. I am disappointed that despite strong sup- Mr. Speaker, after 27 years with the INS, leadership. I appreciate having had the oppor- Thomas Schiltgen has decided to retire and port for this initiative, and budget neutral fund- tunity to serve with Chairman STUMP on the pursue opportunities in the private sector. I ing for the program, the conferees were un- House Armed Services Committee and com- ask you and my colleagues to please join me able to keep the promise made to our military mend him for his deft handling of the complex in thanking him for providing such high-quality retirees. I will continue to work for just treat- matters arising from the international war on public service, and wish him and his wife ment for all disabled military retirees and I will terrorism. Together with Ranking Member IKE Brenda well in their future endeavors. continue to support legislation that will provide SKELTON, Chairman STUMP helped foster a f collegial and thoughtful atmosphere in the full funding of concurrent receipt for disabled committee, thus ensuring that Congress’s ap- military retirees. CONDEMNING NORTH KOREA FOR proach to the war on terrorism was bipartisan I have the highest respect for our departing ITS FAILURE TO COMPLY WITH and well considered. I wish him well in the fu- friend Chairman BOB STUMP, and it is because THE NON-PROLIFERATION TREA- ture and thank him again for his leadership. of my great admiration for him, that I will vote TY As the House prepares to recess for the to send this legislation to the President. year, I am disappointed that we were not able f HON. ALCEE L. HASTINGS to claim greater progress on appropriations A TRIBUTE TO THOMAS OF FLORIDA bills and other important legislation. Neverthe- SCHILTGEN, DIRECTOR OF INS IN THE HOUSE OF REPRESENTATIVES less, passage of the Defense Authorization LOS ANGELES DISTRICT Wednesday, November 13, 2002 Act, coupled with the final agreement reached Mr. HASTINGS of Florida. Mr. Speaker, I on the Department of Homeland Security, HON. JERRY LEWIS rise today to discuss a very serious issue—the demonstrates Congress’s commitment to en- OF CALIFORNIA failure of North Korea to comply with a num- suring the safety of the American people, and IN THE HOUSE OF REPRESENTATIVES ber of non-proliferation treaties, agreements, I am proud of the work we have accomplished Wednesday, November 13, 2002 and resolutions, and the absence of any well- in these fields. defined U.S. policy with that country. f Mr. LEWIS of California. Mr. Speaker, I The history of nuclear weapons proliferation would like today to pay tribute to Thomas J. in North Korea is a lengthy one, going back CONCURRENT RECEIPT Schiltgen, who has performed a near-miracle over a decade and a half when North Korea in the past three years as District Director for signed the Non-Proliferation Treaty. When it HON. ADAM H. PUTNAM the Los Angeles District of the Immigration signed that treaty in 1985, North Korea agreed OF FLORIDA and Naturalization Service. Coming into the not to manufacture or acquire nuclear weap- IN THE HOUSE OF REPRESENTATIVES busiest—and most troubled—office in our im- ons, and also agreed that the International migration system, Mr. Schiltgen turned the Los Wednesday, November 13, 2002 Atomic Energy Agency could conduct inspec- Angeles District into one of the most efficient tions to verify fulfillment of those obligations. Mr. PUTNAM. Mr. Speaker, as we enter the in the nation. When that Agency discovered anomalies in waning days of the 107 Congress, action has Thomas Schiltgen joined the INS out of col- North Korea’s nuclear facilities in 1993, in- finally been taken on the issue of concurrent lege in 1975 as a Criminal Investigator in Chi- spectors were no longer allowed into the receipt for America’s military retirees. The Na- cago. He moved up through the ranks, and country. tional Defense Authorization Act for FY 2003 served in a wide range of positions that in- Seeking to end the stalemate, the U.S. and Conference Report that has come before this cluded Deputy Director in the agency’s Bang- North Korea signed the Agreed Framework in body does include language to provide con- kok office. Before taking over the Los Angeles October, 1994. Under the terms of the Agreed current receipt for some of our military retir- office, he served for four years as Director of Framework, the U.S. created an international ees. Unfortunately, it falls far short of the pro- the INS San Francisco District. consortium, which would provide North Korea posal I supported in the House Budget Com- When he was assigned to take over the Los with alternative sources of energy in the form mittee, and which passed this body by a vote Angeles District, the office was known of heavy fuel oil and a modern nuclear power of 221 to 209. throughout the country for crowds lining up plant. In return, North Korea pledged to freeze On March 20 of this year the House Budget every day in a desperate attempt to work its existing nuclear program and allow inspec- Committee, of which I am a Member, took the through the immigration process. The office tors back into the country. initiative to include funding for concurrent re- averaged 24 months to process routine citi- Shortly after the Framework was signed, the ceipt in its budget for FY 2003. This budget, zenship and legal immigration cases. More consortium, the Korean Peninsula Energy De- H. Con. Res. 353, A Wartime Budget to Se- than 400,000 cases awaited resolution. velopment Organization, was created. Despite

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2022 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 the fact that the U.S. and its allies have spent peaceful solution to this issue. At the same Whereas, world population is projected to over $1.3 billion to finance reactor construction time, we must take steps to overcome this im- increase by almost 80 million per year with and provide heavy fuel oil to North Korea an- passe. It is not reasonable for the United 98 percent of population growth projected to occur in the least developed countries of the nually, they have consistently failed to allow States to continue unilateral compliance with a world. This growth can lead to disease, hun- inspections of its nuclear facilities. bilateral Agreement. ger and starvation; and Then last month, North Korea admitted that I urge my colleagues to support this resolu- Whereas, demographic problems are not it has been operating a covert nuclear weap- tion. limited to the under developed nations. ons program. I believe this resolution will guide our nation These problems are also a reality in the The existence of a North Korean nuclear towards implementing a policy that is achiev- United States and other industrialized na- weapons program poses a real and imminent able, and attainable, and supportable. tions. Therefore, I, Mark S. Schweiker, Governor threat to the populations of South Korea, f Japan, and North Korea, and to the U.S. of the Commonwealth of Pennsylvania, do hereby proclaim October 20–26, 2002, as World Armed Forces stationed in that region. WORLD POPULATION AWARENESS WEEK Population Awareness Week In Pennsyl- The time has come for the U.S. to establish vania. I encourage all citizens to reflect upon an effective policy regarding U.N. member these challenges and seek rational, humani- states and their obligations towards world HON. JAMES C. GREENWOOD tarian and community-based solutions. peace and disarmament. OF PENNSYLVANIA Given under my hand and the Seal of the Today, I am introducing a resolution, con- IN THE HOUSE OF REPRESENTATIVES Governor, at the City of Harrisburg on this twenty-fourth day of July in the year of our demning the government of North Korea for its Wednesday, November 13, 2002 failure to comply with the non-proliferation Lord two thousand and two and of the Com- treaty and the Agreed Framework. Mr. GREENWOOD. Mr. Speaker, the monwealth the two hundred and twenty-seventh. First, my resolution calls on North Korea to world’s population is currently growing at a rate of 77 million people per year. By 2050, MARK S. SCHWEIKER, honor its commitments under the Non-Pro- Governor. liferation Treaty and the Agreed Framework. the United Nations estimates that the world’s Those commitments include freezing its nu- population will reach 9.3 billion. While the im- f clear programs and allowing the IAEA to carry pact of this population growth will be felt PROSPECTS FOR CHANGE IN out inspections. throughout the world, it is the lesser-devel- TURKEY It also commends the members of the oped nations that will bear the greatest burden KEDO international consortium for honoring unless poverty alleviation and long-term eco- and upholding their commitments to advance nomic and environmental sustainability be- HON. CHRISTOPHER H. SMITH the implementation of the Agreed Framework. come a priority for the international commu- OF NEW JERSEY Second, my resolution calls on the IAEA to nity. Without a higher standard of living in IN THE HOUSE OF REPRESENTATIVES these impoverished areas, one-fifth of the report to the U.N. General Assembly, one year Wednesday, November 13, 2002 from the date of the Resolution, on the status world’s population, including children, will con- of North Korea’s compliance with inspections. tinue to suffer malnutrition, disease, and illit- Mr. SMITH of New Jersey. Mr. Speaker, I If the IAEA report indicates that North Korea eracy. wish to extend my congratulations to the peo- has still not allowed inspections, members of It is without question that young people all ple of Turkey for their elections held on No- KEDO are called on to suspend all funding for over the world are the potential of a country’s vember 3. Witnessing the peaceful change of construction, suspend construction of the light future, and if their needs and demands of government is a change that is significant for water reactor, and suspend shipment of heavy today are not addressed, they are in danger of both Turkey’s citizens and for their neighbor- fuel oil. jeopardizing that future. Risks of dying from hood. Many of Turkey’s neighbors need to see And finally, the Resolution calls on the lead- complications of pregnancy or childbirth are 25 that such a transfer of power is possible, for ers of Russia, China, Japan, South Korea, and times higher for girls under the age of 15 and the people of these countries have for too long other concerned nations to support that poten- two times higher for women aged 15–19, yet suffered under the illusion that they must live tial suspension. 17 million women between the ages of 15 and with their repressive regimes that maintain I believe that this Resolution is an important 19 give birth every year. power through undemocratic means. first step in achieving the non-proliferation It is impossible to tackle the issue of over- It is also important to keep in mind that the treaty goal of nuclear disarmament. population without addressing the devastating Turks, seen by some as a model for the coun- I do not recommend, as many have sug- burden this growth would have on the environ- tries of Central Asia, are not new kids on the gested, simply declaring the Agreed Frame- ment. It is evident that overpopulation can re- block—former President Demirel was an origi- work null and void. I believe that ‘‘suspending’’ sult in water shortages, soil degradation and nal signer of the 1975 Helsinki Final Act. As our participation until North Korea complies air and water pollution. As a responsible soci- Co-Chairman of the Commission on Security with its obligations sends an important mes- ety, we cannot afford to allow the erosion of and Cooperation in Europe (the Helsinki Com- sage. That message is—we honor our com- our precious natural resources to continue any mission), I have followed closely the develop- mitments, we expect you to honor yours, and further. ments in Turkey. With a particularly keen inter- we believe that diplomatic and peaceful solu- It is therefore important for us to recognize est in the protection of human rights which tions, with the full support of other concerned the problems associated with rapid population has such an impact on the lives of individual nations, are the optimum means for attaining growth amongst young people. Governor men, women and children, I continue to be the objectives outlined in the Non-Proliferation Schweiker has proclaimed the week of Octo- concerned about the ongoing use of torture, Treaty. ber 20–26 of this year as World Population violations of religious freedom and threats to Realize, this is only the first step on what Awareness Week in the Commonwealth of civil society. will be a long and arduous path. This Resolu- Pennsylvania, and I would like to support the Through the ballot box, the Justice and De- tion allows diplomatic discussions and negotia- Governor in this effort by entering his procla- velopment Party, known as the AKP, received tions to continue, it also allows our Secretary mation into the CONGRESSIONAL RECORD. 34.3 percent of the vote, giving them a clear of State to garner support from members of COMMONWEALTH OF PENNSYLVANIA, majority of 363 seats in the 550-seat Turkish the U.N. Security Council and other concerned GOVERNOR’S OFFICE Grand National Assembly. This entitles the nations to join in commitments to the non-pro- PROCLAMATION—WORLD POPULATION AKP, led by former Istanbul Mayor Recep liferation treaty. AWARENESS WEEK Tayyip Erdogan, to govern without sharing po- I have specifically not included any lan- October 20–26, 2002 litical power. He will not be without challenges guage in the Resolution on actions that might Whereas, the 21st century offers enormous to his authority though. be taken after one year if inspectors are still environmental and societal challenges for On November 8, the anniversary of the not allowed into North Korea. It is more appro- governments at all levels; and death of the Turkish reformer Kemal Ataturk, priate to leave that decision to the member Whereas, these challenges call for innova- General Hilmi, Ozkok issued a statement vow- tive leadership to ensure resource conserva- nations on the U.N. Security Council. tion, protection of open space, waste preven- ing ‘‘to protect the republic against all types of There are nearly 38,000 U.S. Armed Forces tion, sanitation management to provide threats, especially fundamentalism and sepa- currently stationed on the Korean peninsula, quality of life. These challenges are inex- ratist activities,’’ reiterating strongly the mili- and another 40,000 stationed in Japan. We tricably linked to patterns of considerable tary’s view of itself as the historical guarantor have a lot at stake as a nation in ensuring a demographic change; and of Turkey’s secular system. Mr. Speaker, while

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2023 the transition appears peaceful, it is not with- The wearing of headscarves has also been Linda is a dedicated wife and mother of two. out its strains and stresses, even with the po- regarded as quite controversial since it is seen She is also the only woman spokesperson for tential of the military stepping in like it has as a religious totem in a secular state. Women the Allied Pilots Association, and dedicates done repeatedly in the past. We can only who choose this expression of religious con- much of her free time to promoting women in hope that is not the outcome of this transition. viction are denied the ability to attend state- aviation and encouraging Hispanics to work As an original participating State of the Or- run universities and work in public building, in- hard to fulfill their dreams. ganization for Security and Cooperation in Eu- cluding schools and hospitals. The public Lindas Pauwels is a striking example of the rope (OSCE), Turkey has accepted a broad sharing of religious belief in Turkey with the in- many hardworking pilots who are dedicated to range of human rights obligations. As head of tent to persuade the listener to another point making sure that the skies are safe for all air- the U.S. delegation to the OSCE Parliamen- of view is severely curbed for both Muslims line passengers. tary Assembly, I have worked with my par- and Christians. A number of evangelical liamentary colleagues from Turkey to encour- Protestant groups throughout Turkey have re- age protection for these commitments. With a ported being targeted because of their reli- f new government not obligated to continue the gious free speech, which contradicts OSCE ways of the old, there is a welcome oppor- commitments on religious liberty and freedom MAURICE A. AND RITA A. LUTZE: tunity for such initiatives to be undertaken. of expression. FORGING THEIR GOLDEN ANNI- There are a few specific matters that I urge Turkey’s Office of Foundations has contrib- VERSARY the incoming government to address without uted its own difficulties for faith communities, delay. Four Kurdish members of the Grand as it has closed and seized properties of ‘‘offi- National Assembly have been in prison since cial’’ minority religious groups and unrecog- HON. JAMES A. BARCIA nized faith communities. Several religious March 1994. I call upon the new government OF MICHIGAN to free Layla Zana, Hatip Dicle, Orhan Dogan, groups, most notably the Armenian Apostolic and Selim Sadak and remove the trumped-up and Greek Orthodox churches report difficul- IN THE HOUSE OF REPRESENTATIVES charges from their records. They were con- ties, particularly on the local level, in repairing Thursday, November 14, 2002 victed for, among other things, speaking their and maintaining existing buildings or pur- chasing new buildings. The continued closure mother tongue in and out of the parliament Mr. BARCIA. Mr. Speaker, I rise today to building. As Mr. Erdogan himself has said, of the Orthodox seminary on Halki Island remains a concern. honor two very special friends, Maurice and such convictions should not stand. Furthermore, religious groups not consid- Rita Lutze of Otter Lake, Michigan, as they Also, past efforts to return the hundreds of ered ‘‘official minorities’’ under the Lausanne celebrate fifty years of marriage and a loving thousands of internally displaced Kurds to Treaty are provided no legal route to purchase commitment to each other and their three chil- their homes in southeastern Turkey have prov- or rent buildings to meet, and are thereby dren. The Barcia family has known the Lutze en ineffectual. The government should take forced to hold meetings in private apartments. family for many years. It has been especially concrete steps to ensure that refugees are al- In response, provincial governorships, after re- heartwarming over the years to get to know lowed to return to their own homes in safety ceiving a letter from the Ministry of Internal Af- such a loving couple and their children. and dignity, which may well require the clear- fairs last year, have initiated efforts to close ing of land mines and repairing of villages. With Rita’s brother Cliff and his wife Pat these meeting places, leaving the smaller Mr. Speaker, without reciting the lengthy list serving as witnesses, Maurice and Rita eloped Protestant communities without any options. of Turkey’s human rights violations, including and were married in Angola, Indiana, on Sep- The lack of official recognition is an insur- the use of torture, it is fair to say that Turkey’s tember 13, 1952. Choosing to elope somehow mountable hurdle for minority religious groups record of implementation of OSCE human di- seems appropriate for two people who have wishing to practice their faith as a community. mension commitments remains poor. While never been afraid of life’s challenges. Turkey is at a critical crossroads. I am progress has been made, the authority of po- hopeful that the new government will take this Maurice served as a Marine in the Korean lice officials must be checked by the rule of opportunity to move forward, and craft policies War, was wounded and received the Purple law. All claims of torture must be seriously in- which are consistent with OSCE commitments Heart. He later worked as a toolmaker at vestigated, no matter where the investigation and protective of all peoples living in Turkey. Northern Tool and Die and as a foreman at leads. It is important that anyone who commits General Motors Corporation’s Fisher f torture—especially police, the security forces Turnstead plant. He also served as a volun- or other agents of the state—must be taken to IN HONOR OF LINDA PAUWELS teer firefighter for the Beecher Fire Depart- court and tried for high crimes. The Forensic FOR HER ACHIEVEMENTS IN THE ment, where he rose to the rank of Assistant Medical Association should be allowed to FIELD OF AVIATION Chief. Meanwhile, Rita worked to create a lov- carry out its professional responsibilities and ing and nurturing home environment in which act without fear in its attempts to document HON. LORETTA SANCHEZ to raise their daughters, Carrie and Charlotte, torture. Victims of torture should be paid due OF CALIFORNIA and son, Kim. After the children were grown, recompense by the state. Maurice and Rita literally put their house on a IN THE HOUSE OF REPRESENTATIVES I am very concerned about the continuing trailer and moved it to a 10-acre parcel in difficulty no-governmental organizations face Thursday, November 14, 2002 Otter Lake where they raised horses and throughout Turkey, particularly the Human Ms. SANCHEZ. Mr. Speaker, I rise to pay cows. Rights Foundation of Turkey. The Human tribute to American Airlines pilot Linda From the day Maurice and Rita first met at Rights Foundation exists in an uncertain envi- Pauwels, a mother, a Latina, and a pioneer on ronment, with arbitrary shutdowns and having the Red Lion restaurant in Bay City, they behalf of female pilots throughout the world. shared a special bond and a like-minded its officials harassed, intimidated or arrested. Linda is an immigrant from Argentina who Property has been seized and not returned. sense of humor. Friends and family are famil- came to the U.S. when she was 6 with her 2 iar with the story of that day at the Red Lion Religious freedom in Turkey, whether for year-old brother and widowed mother. when Maurice and Rita couldn’t stop laughing Muslims or other religious communities, had Through hard work and dedication, she began about a customer whose bald head was so suffered from heavy-handed government in- her flying career at the young age of 17. By shiny that Rita tried to fix her hair in the reflec- volvement and control. The government allows age 25 she had become the youngest female tion. It was their mutual ability to find humor in Turkish Muslims to only attend state-approved jet pilot ever. everyday events that brought them together mosques, listen to state-funded Imams, and Since then, she has flown most major jets and that has kept them together through good receive religious education from state-funded including huge C–130 transports and 707s. times and more difficult circumstances. schools. The Directorate of Religious Affairs, Just last year, she diverted tragedy when the which regulates all of Turkey’s 75,000 MD–80 she was flying with 128 passengers Finally, Mr. Speaker, I ask my colleagues to mosques and employs Imams, has been criti- experienced engine failure on its way to Chi- join me in congratulating Maurice and Rita cized for only promoting Sunni branch of cago. Because of her experience and her abil- Lutze for achieving a rarely reached milestone Islam. I would encourage the new government ity to handle difficult situations, she was able of fifty years of marriage. I am confident they to bring to a close its regulation of all religious to successfully perform an emergency landing will enjoy many more years of love and happi- institutions. in Sioux City, Iowa. ness.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2024 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 CONFERENCE REPORT ON H.R. 4546, A–18 E/F fighters, including an additional $120 IN HONOR OF ZLAKET FAMILY BOB STUMP NATIONAL DEFENSE million over the budget request for 2 additional BUSINESS AUTHORIZATION ACT FOR FIS- aircraft. The appropriation will also provide CAL YEAR 2003 $4.0 billion for 23 F–22 fighters and $3.5 bil- HON. LORETTA SANCHEZ OF CALIFORNIA SPEECH OF lion for continued development of the multi- service Joint Strike Fighter. IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER Thursday, November 14, 2002 OF FLORIDA Defense health programs are funded at IN THE HOUSE OF REPRESENTATIVES $14.8 billion with $7.7 billion going towards Ms. SANCHEZ. Mr. Speaker, I rise today to Tuesday, November 12, 2002 Tricare for Life, post-65 military retirement recognize the Zlaket Family of Garden Grove medical care. for 75 years of service to their community. Mr. JEFF MILLER of Florida. Mr. Speaker, Additionally, I am happy to see $26 million In 1927, Leo and Mary Zlaket decided to I rise reluctantly today on the Conference open a general store, selling bulk items to for the Joint Primary Aircraft Training System Committee report for the Fiscal Year 2003 De- farm housewives, like flour and sugar, as well fense Authorization. or JPATS. JPATS brings Naval aviation train- as fabric to sew clothes for heir families. The House of Representatives sent to the ing into the 21st century by providing student Chickens were sold whole, without the modern Conference concurrent receipt provisions that aviators with glass cockpits and ejection seats, day pre-packaging. were a solution to the problem of the nearly a more realistic training, for a more realistic Today, the Zlaket market caters to the fast- 15 million veterans and their families in this age of war fighting. paced and busy community of Garden Grove Nation. Last night, after 40 minutes of debate, by selling specialty and gourmet items. How- the House adopted a version of the report that Mr. Speaker, this bill is progressive, reflec- ever, they still maintain their old world charm will aid merely 33,500 of our military retirees tive of Congress and goes a long way in sup- by selling ‘‘Moms Cakes’’ baked by 81-year- who suffer from a combat-related disability. porting our men and women in uniform. old mom Kay Roman, who wakes up early While I appreciate Chairman HUNTER’s ef- each morning to bake her delicious creations. forts to keep some language in the conference f report, I am left to wonder: what have we I am very proud of the Zlaket family for sus- done for the other 14,966,500 servicemen and CONFERENCE REPORT ON H.R. 4546, taining a business over 75 years through women who have stood behind this great Na- BOB STUMP NATIONAL DEFENSE events like World War II and the Great De- tion? AUTHORIZATION ACT FOR FIS- pression. Their dedication to their community, We had the support and votes of over 400 CAL YEAR 2003 their business, and their family is to be com- Members of this House and funding in this mended. year’s budget to solve this seemingly f SPEECH OF unsolvable problem. When are we going to put IN RECOGNITION OF DOUGLAS H. our money where our mouths are? DITTRICK Adding insult to injury, the concurrent re- HON. HOWARD. P. ‘‘BUCK’’ McKEON ceipt provisions are confusing and com- OF CALIFORNIA plicated. Deserving or not, approved or not, HON. MARGE ROUKEMA claimants will innundate the Department of IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Defense, causing further delays and postpone- Tuesday, November 12, 2002 IN THE HOUSE OF REPRESENTATIVES ments in an already backlogged system. We Thursday, November 14, 2002 may very well end up losing more Federal dol- Mr. MCKEON Mr. Speaker, I would like to Mrs. ROUKEMA. Mr. Speaker, I rise today lars in a drawn-out claims process than will first thank House Armed Services Committee reach our retirees in payments due to these to recognize and congratulate an outstanding Chairman BOB STUMP for whom this bill is member of our community and northern New vague eligibility provisions. named. It has been a great privilege to serve I have the greatest respect for BOB STUMP, Jersey—Douglas H. Dittrick, who on Novem- on the committee with Chairman STUMP. He for whom this legislation is appropriately ber 18, 2002, will be honored by the Northern named. he has been a tireless advocate for has served his country with distinction in a New Jersey Council of the Boy Scouts of America’s Uniformed Services, and an invalu- number of capacities. From the time he con- America as one of 2002’s ‘‘Good Scouts.’’ I able mentor to me. And while this is a first cealed his age to be eligible to join the fight am privileged to know Doug as a constituent, step on the road to improved compensation during World War II to his patriotic leadership a counselor, and, most important, a valued for our veterans, I was unable to sign this con- in the HASC, Chairman STUMP had exempli- friend. ference report. We have just sent a message fied bravery, integrity and honor. Truly, he has Mr. Speaker, it is impossible to list all of the to the men and women that defend our free- been a role model for all Americans. contributions Doug has made to New Jersey as a businessman, as a civic leader, and as doms that I cannot support. That message is Post September 11, Americans are painfully this: 20 years or more of honorable military a philanthropist. Doug is an outstanding exam- aware of the need to equip our military with service is enough to warrant receipt of military ple of the type of person who makes Bergen not only the tools, but also the training vital to retirement pay only if you are injured in com- County, our State, and our Nation such a won- bat. securing and preserving freedom at home and derful place. Mr. Speaker, we must pledge now to pro- abroad. I strongly support H.R. 4546 because As President and CEO of Douglas Commu- vide for the welfare of veterans who have con- this bill is an aggressive plan to provide our nications Corporation II, Doug has been a tributed in every capacity to the defense of our men and women in uniform with the best in leader and pioneer in the telecommunications Nation. both training and equipment. industry for more than twenty-five years. He The remainder of this legislation is a cumu- has served as Chairman of the National Cable Furthermore, H.R. 4546 honors those who lative statement on how this Congress views Television Association, and has been honored protect our freedoms each day. It is unfair and its armed forces. Our vote sends a clear mes- as Executive of the Year by Cable Television sage to our men and women in uniform that unpatriotic to ask the men and women of the Business magazine. Doug is a recipient of the we support your efforts and appreciate your armed services to perform one of the most dif- NCTA’s Vanguard Award for outstanding con- sacrifice to defend this great Nation. ficult and more important jobs without com- tribution to cable television, and has been a Of the total $355.1 billion, $93.6 billion pensating them fairly. I am extremely pleased champion of the telecommunications industry ($11.5 billion over fiscal year 2002) supports that the defense reauthorization act includes a for decades. the budget request for 1.4 million active duty 4.1 percent military pay raise. Equally important, Doug has been a leader and 864,558 guard and reserve personnel; it in innumerable charities and civic institutions This legislation marks a critical point for the fully funds the pay raise of 4.1 percent and within and outside of New Jersey. In my own United States in the war on terror. For over a adds $110 million over the budget for en- district, be has chaired the Valley Health Sys- hanced force structure for B–52 squadrons, decade the U.S. military has suffered the tem and served as chairman of the board of and Guard and Reserve full time support per- blows of defense budget cuts. I support H.R. the Valley Hospital’s Board of Trustees. He sonnel. 4546, which including the President’s goal to has been actively involved in the leadership of The Navy, of particular interest to Northwest increase funding and to repair the damage the American and National Red Cross on both Florida, will receive $3.2 billion for 46 Navy F/ caused by these cutbacks. the state and national level. In my hometown

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2025 of Ridgewood, Doug served with distinction on began his career of service as public relations city of Santa Ana. Andrew was recently the town’s Board of Education for almost a chief for the City of Norfolk, and served five awarded the Rosita Diaz ‘‘love in Action’’ decade, and as President of the Board for five years as executive director of the Norfolk’s award from the Loyola Institute for Spirituality years. At the same time, Doug has shown International Azalea Festival, an annual cele- for his hard work and dedication to the com- deep devotion to his alma mater, Ohio Wes- bration that salutes NATO member nations. munity. leyan University, having served as President Sid’s love of politics eventually persuaded Sixteen years ago, Andrew started a soup and as an active member of the University’s him into public office. Sid served as a three- kitchen at St. Joseph Catholic Church. When Alumni Association, and currently serving as time mayor of Chesapeake, Virginia, and a it first opened, the kitchen served only a hand- Chairman of the University’s Board of Trust- one-time mayor of Elizabeth City, North Caro- ful of people. Today, the kitchen has ex- ees. lina. During these years of service, Sid contin- panded and now serves over 600 each week. Above all, Doug has shown a keen interest ued to host weekly public television segments Andrew has also helped to establish citizen- in Scouting, and the values it instills in our and call-in radio programs where citizens ship and English classes in Santa Ana to help young people. Doug has served as Chair of phoned in with questions and comments. immigrants in the community to become a part the Ridgewood-Glen Rock District of the Boy After ten years with WCTV, Sid Oman still of the Democratic process. Scouts of America, and presently serves both holds a strong commitment to educating and I am very proud of Andrew and appreciate as Vice President-Finance for the Northern providing information to the public. He and his his service to the citizens of Santa Ana. wife, Lillian, are both well-respected and New Jersey Council of the Boy Scouts, and f Executive Vice President of the Northeastern much-loved members of the Chesapeake Region. In 1997, Doug was the recipient of the community. DEAN STRATTON: A HUNTER’S BSA’s prestigious Silver Beaver award in rec- When not hosting ‘‘Sounding Board’’, Sid LIFE ognition of all that he has contributed to oversees his successful funeral business. In Scouting. spring of 1964, Sid himself planned and co- HON. JAMES A. BARCIA ordinated the funeral of General Douglas Mac- In gratitude for all that Doug has given to OF MICHIGAN Arthur. Again—Sid’s commitment to serving the Boy Scouts of America, the Northern New and honoring others has been an outstanding IN THE HOUSE OF REPRESENTATIVES Jersey Council of the Boy Scouts this year will and lifelong pursuit. Thursday, November 14, 2002 honor Doug with its ‘‘Good Scout’’ award. Mr. Speaker, please join me in honoring Sid Doug’s well-justified pride in this honor is Mr. BARCIA. Mr. Speaker, I rise today to Oman, for his years of service to WCTV, to shared by his wife Barbara, their three daugh- honor my good friend and fellow bow hunter, Chesapeake, and to the Commonwealth of ters, and indeed, all of the New Jersey Scout- Dean Stratton of Rhodes, Michigan, in ac- Virginia. ing community. knowledgment and appreciation for his entre- Mr. Speaker, through his good works, Doug- f preneurial spirit and long-time commitment to promoting advanced hunting techniques in las H. Dittrick exemplifies the American values CONGRATULATING KATARZYNA Michigan and nationwide. that have made our country great, and truly SZOTYNSKA, SAILING CHAMPION gives meaning to the term ‘‘pillar of the com- Dean and I share a love of hunting and the munity.’’ I ask my colleagues in the House of HON. JOHN J. LaFALCE great outdoors. I have enormous respect and Representatives to join me in congratulating admiration for him as a hunter and as a busi- OF NEW YORK Doug on his achievements, and thanking and nessman who turned his $100 investment into saluting him for his dedication and contribution IN THE HOUSE OF REPRESENTATIVES the biggest commercial game call business in to so many members of our New Jersey com- Thursday, November 14, 2002 the state. His family-owned business, Stratton Outdoor Products, along with Stratton Deer munity. Mr. LAFALCE. Mr. Speaker, I rise today to Farm, stand as models for other small busi- pay tribute to Katarzyna Szotynska, a young f ness owners pursuing their own versions of woman from Warsaw, Poland, who was the the American Dream. HONORING SIDNEY ‘‘SID’’ M. OMAN recent winner of the World Laser Radial cham- Over the years, Dean has used his own ON HIS TEN YEARS OF SERVICE pionships which was held in the greater Buf- passion for hunting to help countless others AS HOST OF WCTV–48’S SOUND- falo area at the Buffalo Canoe Club in nearby ING BOARD PROGRAM Ontario, Canada. discover the thrills and satisfaction on the Ms. Szotynska is also the 2002 Silver med- sport. A native of Bay City, Dean pioneered HON. J. RANDY FORBES alist in the 3rd World Sailing Games in the development of deer calls and was the Marseille, France, and was the Gold Medal first businessman in the state to sell deer and OF VIRGINIA winner in the World Laser Radial Champion- game calls commercially. He made his dis- IN THE HOUSE OF REPRESENTATIVES ships in Spain and Turkey in 2001 and 2000, covery by observing how deer communicate. Thursday, November 14, 2002 respectively. He then used that knowledge to transform a Katarzyna Szotynska was born in Poland duck call into a prototype for luring deer. Mr. FORBES. Mr. Speaker, I would like to and is studying culture at Warsaw University. Dean’s deer calls are now widely used by take this opportunity to honor a patriot and She has been sailing Laser Radials for eight hunters throughout the country. pioneer in public television. Sidney ‘‘Sid’’ M. years. Ms. Szotynska is the first woman in the In addition to marketing his innovative, Oman has given ten years of service as host world to win three consecutive world cham- hand-made products to hunters and hunting of the weekly public affairs talk show, ‘‘Sound- pionships in Laser Radials class. She is the outlets across the country, Dean also has suc- ing Board’’, on the City of Chesapeake’s cable most accomplished woman sailor in Polish his- cessfully harvested trophy-class whitetail deer channel, WCTV–48. tory. and wild turkey for many years. Always willing Each week, Sid highlights hot topics in poli- I ask the House of Representatives to join to share his expertise on deer and turkey be- tics, current events, and other news that imme in congratulating Katarzyna Szotynska on havior and on some of the advanced hunting pact the residents of the Chesapeake commu- her accomplishments. techniques he has developed, Dean has con- nity. He invites state and local leaders to talk ducted seminars and clinics to pass on his f about important issues, and share their knowledge to others. He also is an accom- thoughts with the community in an objective IN HONOR OF ANDREW SAAVEDRA plished author, photographer and radio talk forum. FOR HIS SERVICE TO THE CITY show host. Dean credits his wife, Cheryl Ann, Sid and his ‘‘Sounding Board’’ have a long OF SANTA ANA and their sons, Christopher, Jason and Adam, history together. From 1960–1964, he hosted with allowing him to pursue and achieve his the original ‘‘Sounding Board’’ on WAVY TV– HON. LORETTA SANCHEZ dreams. 10 in Hampton Roads, Virginia. From the be- OF CALIFORNIA Mr. Speaker, I ask my colleagues to join me ginning, the show featured people in local, IN THE HOUSE OF REPRESENTATIVES in honoring Dean Stratton for his many con- state, and national politics and government, as tributions to hunting. He is indeed a straight well as those in the arts and media. Thursday, November 14, 2002 shooter and a strong advocate for hunters and Sid has been serving his community in a va- Ms. SANCHEZ. Mr. Speaker, I rise today to outdoor enthusiasts across this great land and riety of capacities for many decades. He honor Andrew Saavedra for his service to the throughout the world.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2026 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 TRIBUTE TO BALDWIN-WALLACE port services such as tutors, a learning center, addition, he has given his time to such posi- COLLEGE a writing laboratory, and a computer center to tions as director of the Home Builders Asso- help ensure the success of these students. ciation of West Florida, the Lions Club, and HON. DENNIS J. KUCINICH Each mother and her child are provided with the United Way Foundation. In 1959 Mr. OF OHIO on-campus housing in a group living environ- Appleyard founded the John Appleyard Agen- IN THE HOUSE OF REPRESENTATIVES ment shared with three other families. Bald- cy, a Pensacola advertising and public rela- win-Wallace College assists each woman with tions firm, for which he has actively been a Thursday, November 14, 2002 obtaining child care and additional living ex- part of since its inception. Mr. KUCINICH. Mr. Speaker, I rise today to penses. Over the past 50 years, this distinguished commend Baldwin-Wallace College in Berea, Despite these strict requirements, the gentleman has received numerous honors and OH, for their innovative program to assist sin- SPROUT parents are achieving academic suc- awards for his contributions to the Pensacola gle, teen mothers in obtaining a college edu- cess. In fact, the overall grade point average area. In 1955, Mr. Appleyard was recognized cation. Baldwin-Wallace College’s commitment of the students in the SPROUT program is as the Jaycees Northwest Florida Young Man to assisting underrepresented populations with over 3.0. of the Year for his service with a variety of obtaining a higher education degree dates Mr. Speaker, before I close I would like to community organizations including the Univer- back to the founding of the institution in 1845. tell you the story of one young woman who sity of West Florida, Boy Scouts of America, In keeping with that tradition, Baldwin-Wallace some of you may know. Lar’Mara O’Neal is a and the YMCA, just to name a few. Continuing developed the Single Parents Reaching Out shining example of the success of the his efforts for the next 30 years, Mr. Appleyard for Unassisted Tomorrows, or SPROUT, pro- SPROUT program. She transferred to Bald- was honored as the Chamber of Commerce- gram in 1990 to recruit and retain students win-Wallace College in January 1998 with a News Journal Pioneer Businessman of the from ‘‘at risk’’ populations, knowing that edu- newborn son. After graduating from Baldwin- Year in 1986 and awarded the Heritage Award cation is the door to a future free from poverty, Wallace in 1999, Lar’Mara went on to earn a of the Pensacola Historical Society in 1988. dependency, and oppression. graduate degree from the Mandel School of These are simply a few of the overwhelming The College created the comprehensive de- Applied Social Sciences at Case Western Re- number of awards and honors the Mr. velopmental program for single parents and serve in 2001. She currently lives in Wash- Appleyard has received, a true testament to their children when it became clear that single ington with her son, Steven, and has a fellow- his dedication and commitment to the Pensa- parents drop out of college when the com- ship through the Presidential Management In- cola community. peting demands of child care, academics, and tern (PMI) program. Today, Lar’Mara is a Leg- As well has being firmly entrenched in the finances become overwhelming. Without a col- islative Assistant with Representative STEPH- activities of the Pensacola community, Mr. lege degree, most single parents, primarily ANIE TUBBS JONES. This would not have been Appleyard has become one the foremost his- women, are unable to break the cycle of wel- possible without the opportunity to attend col- torians on the Pensacola area. He has penned fare and subsistence living. Given the avail- lege while raising her son through the a variety of books, both fictional and non-fic- ability of campus housing, day care, academic SPROUT program. tional, including classics such as ‘‘The Second tutoring, counseling services, mentoring, and I would also like to mention my friend, Julie Great Document’’ and ‘‘The Spanish-French educational developmental programming, this Candela, the director of the SPROUT pro- Confrontation.’’ Mr. Appleyard has also written cycle can be broken. gram, and praise her for her dedication and several radio enactment plays and playlets. SPROUT provides single parents the oppor- hard work. Mr. Speaker, I am not only im- Mr. Speaker, on Thursday, November 14, tunity to complete a college education con- pressed with Lar’Mara and her achievements 2002, John H. Appleyard, along with the Pen- sistent with their career and personal goals. but with the SPROUT Program because it is sacola community, will celebrate his 80th birth- Because of the continuing need across the an ideal model of a successful Welfare-today. On this such occasion, we honor a great State and the Nation for establishing an edu- Work program. historian, businessman, and neighbor; one of cational environment conducive and sup- Baldwin-Wallace College is dedicated to as- Pensacola’s greatest citizens. portive of the parenting skills, home manage- sisting these young student mothers as they ment skills, personal management demands, face the many challenges on the path to self- f and financial resource requirements of single sufficiency, personal responsibility, and aca- IN HONOR OF LUCY SANTANA FOR parents, the SPROUT program can serve as a demic success. I commend both the College HER APPOINTMENT AS EXECU- demonstration project for a more extensive ef- and the SPROUT participants for their commit- TIVE DIRECTOR OF GIRLS IN- fort at developing education programs which ment and resolve to assure these young CORPORATED OF ORANGE COUN- offer academic options and opportunities en- women have the opportunity for a better fu- TY couraging academic and individual develop- ture. ment of single parents and their children. f Students are selected to participate in the HON. LORETTA SANCHEZ SPROUT program based on their financial TRIBUTE TO JOHN H. APPLEYARD OF CALIFORNIA need, past academic achievement, academic IN THE HOUSE OF REPRESENTATIVES promise, and ability to adapt to community liv- HON. JEFF MILLER Thursday, November 14, 2002 ing. They must also be accepted to Baldwin- OF FLORIDA Wallace through the regular admissions pro- IN THE HOUSE OF REPRESENTATIVES Ms. SANCHEZ. Mr. Speaker, I rise today to gram. Each participant is expected to com- honor Lucy Santana of Santa Ana. On Sep- plete full-time course work each semester Thursday, November 14, 2002 tember 1, Lucy was appointed as Executive while meeting the College’s grade point aver- Mr. JEFF MILLER of Florida. Mr. Speaker, Director of Girls Incorporated of Orange Coun- age requirements. I rise today to honor one of Pensacola’s most ty, an organization that strives to help girls Current welfare regulations requiring partici- cherished and dedicated citizens, whom over and young women develop the values and pants to engage in 35 hours of classroom the course of his life has given an immeas- skills they need to become productive and study, work, educational programming, and urable amount of time and effort to the com- successful adults. She is the first Latina to counseling, or vocational training weekly and munity that he has worked so hard to build. head the local chapter of the national organi- limiting participants to a total of 36 months He has given nearly 1,000 speeches, written zation. force the SPROUT parent to take courses in over 75 books, and taught over 500 lessons Her desire to help young Latinas in Orange the summer in order to graduate on time. and classes tracing Northwest Florida history. County comes from her experiences in school Even in the face of these requirements, 70 A prolific writer and local historian, John H. as a young girl. Noticing that the boys were percent of the students who enter the program Appleyard has dedicated his life to the Pensa- called on more frequently and received better will graduate. The students work no less than cola community and has become one of Pen- opportunities in school, she learned from an 12 hours per week at work study or off-cam- sacola’s greatest assets. early age the barriers young women face in pus jobs. Actively involved in the Pensacola commu- getting an education. Each individual in the program receives ca- nity for the past half-century, Mr. Appleyard Lucy refused to believe the message she reer, academic, and personal counseling committed himself to the improvement of was taught. She worked hard and became the through the developmental programs that Northwest Florida. He served as president of first college graduate in her family. Her desire SPROUT offers including mentoring and in- the Pensacola Historical Society, the Down- to help other young women in her community ternship programs. The College provides sup- town Rotary Club, and the PJC Foundation. In is truly an inspiration.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2027 BRAVO ZULU TO COMMANDER H.R. 5005, last July, I voted against its pas- On December 17m 1944, the USS Tabberer DANIEL F. VERHEUL, USN sage. As I have looked over the conference was east of the Phillippine Islands along with agreement reached with the other body, I do the 3rd Fleet, scheduled to refuel, when the HON. JOHN N. HOSTETTLER not see where this bill represents a significant weather began to deteriorate rapidly. The rea- OF INDIANA difference over the original product. Therefore, son, Typhoon Cobra was heading directly to- IN THE HOUSE OF REPRESENTATIVES I voted against the conference agreement for ward them. similar reasons that justified my vote on the Thursday, November 14, 2002 The high winds and choppy seas prevented bill. the USS Tabberer from refueling and by the Mr. HOSTETTLER. Mr. Speaker, I rise Let me say to my colleagues that I support evening of December 17th, the full force of the today to pay tribute to Commander Daniel F. the concept of a Department of Homeland Se- typhoon was upon them. The Tabberer had to Verheul, United States Navy. CDR Verheul curity. But the concept as transformed into fight extremely rough seas—and by the 18th has distinguished himself by exceptional serv- H.R. 5005 is a good idea turned into a really sustained winds had reached about 145 miles ice as the Defense Intelligence Agency’s Liai- bad legislation. per hour, with wind gusts up to 185 miles an son Officer to the House and Senate Armed This bill divides the government from those hour. Before the Typhoon had moved through, Services and Appropriations Committees from who serve it—government employees. The the USS Tabberer had lost its mast and radio February 2000 to December 2002. Com- 170,000 employees who will be incorporated antenna. Three destroyers from the fleet, the mander Verheul brought his wealth of tactical into this new Department will be denied job USS Hull (DD–350), the USS Spence (DD– through strategic-level operations and oper- protections that cover most all federal employ- 512) and the USS Monaghan (DD–354), had ational experiences to bear in supporting the ees, even those under the Department of De- gone down. various defense committee’s requirements for fense. Under this bill, the President can strip About 9:30 p.m. on December 18th, the intelligence briefings and hearings. employees of their union representation if the Tabberer rescued its first survivor from the Some of these briefing and hearings in- agency’s mission or division they work for ma- water. It was then that Lt. Commander Plage volved intelligence support for the Iraqi resolu- terial changes, or if a majority of the employ- learned that the USS Hull had capsized. Plage tion authorizing U.S. forces into combat, Oper- ees within that unit work primarily with intel- and the Tabberer immediately began an inten- ation Enduring Freedom in Afghanistan, inquir- ligence, counterintelligence or investigations sive search and rescue effort. These efforts ies into the attack on the USS Cole, oper- related to terrorism. The Department would continued for 3 days and nights. In all, the ations in the Balkans, Plan Colombia, ‘‘Desert also be free to totally ignore employee or bar- USS Tabberer pulled 55 men from the Pacific Fox’’ attacks on Iraq, joint targeting and battle gaining representative grievances of proposed Ocean. All were from the USS Hull and the damage assessments for Operation Northern changes in pay systems and personnel rules. USS Spence. and Southern Watch, and organizing and co- The personnel rules do not promote good ordinating a series of weekly classified intel- management; they do not promote good gov- Typhoon Cobra claimed nearly 800 lives. ligence briefs. ernment practices. In Election 2000, President Only 92 survived, 55 of these rescued by the Commander Verheul is an outstanding ac- Bush campaigned on the promise that he was crew of the USS Tabberer. Lt. Commander tion officer whose promotion of intelligence ca- a ‘‘uniter, not a divider.’’ Now we see what an Plage remained on sea duty after the war and pabilities at all levels gained support in the empty promise he has made of that campaign gave the Navy 14 years of service before retir- Congress for increased intelligence capabili- pledge. This bill will do much to divide governing in 1954. ties and resources. Through his initiative, he ment from its own federal workforce. It is an honor for me to share this story of organized a myriad of one-on-one briefs to in- Another shortcoming of the bill is that it ex- heroism and survival and I ask you all to join form key Congressional Members and Staff, empts manufacturers of anti-terrorism tech- me in commending Lt. Commander Henry Lee enabling them to gain a better understanding nology from liability. Proponents of this provi- Plage and the crew of the USS Tabberer for of world crises, global threats, weapons and sion say it will make America safer. I say it their dedication in saving the lives of 55 men technology proliferation, foreign military capa- only rewards corporate irresponsibility—a pol- from that terrible storm. bilities, and support for administration policies icy that our President and the loyal opposition and objectives. seems to embrace. f Commander Verheul made numerous sig- Mr. Speaker, this is seriously flawed legisla- A PROCLAMATION RECOGNIZING nificant contributions to national-level military tion, and that is why I cast my vote against the THE RETIREMENT OF RICHARD and civilian policymakers in support of funding bill’s passage. H. FINAN and policy for intelligence operations and sup- f port activities. His contributions to the Con- gress, the Defense Intelligence Agency, and HONORING HENRY LEE PLAGE HON. ROBERT W. NEY the Defense Intelligence Community are ex- OF OHIO tensive and invaluable. His willingness to take HON. CLIFF STEARNS on any task, and succeed, promoting camara- OF FLORIDA IN THE HOUSE OF REPRESENTATIVES derie and purpose in every endeavor, reflects IN THE HOUSE OF REPRESENTATIVES Thursday, November 14, 2002 great credit upon himself, the Navy, the De- Thursday, November 14, 2002 fense Intelligence Agency, the Department of Mr. NEY. Mr. Speaker, Whereas, Richard Defense, and the United States Congress. Mr. STEARNS. Mr. Speaker, I appreciate Finan served the people of Ohio as a member In closing, I am proud to recognize CDR this opportunity to share with my colleagues a of the Ohio State Senate for 30 years; and Verheul and his wife, LDCDR Karen Verheul, story of heroism and to honor the bravery of Whereas, Richard Finan has served as U.S. Navy, Nurse Corps for their honorable Lt. Commander Henry Lee Plage who lives in President of the Ohio State Senate; and service to our Nation. I join my colleagues in my hometown of Ocala, FL. During World War Whereas, Richard Finan worked to restore the House today in wishing them and their II, he and his crew saved dozens of men from and preserve the Statehouse and its annex; children Daniel and Jenny continued success the water of the Pacific after a raging typhoon and sunk three ships. and the traditional naval wish of ‘‘Fair winds Whereas, Richard Finan has used his posi- Henry Lee Plage started his military career and Following seas’’ as they transfer to their tion within the Ohio Senate to help better the as a member of ROTC at Georgia Tech and next assignments on the West Coast. lives of thousands of people; and f he joined the Navy in 1937 after his graduation. Following the attack on Pearl Harbor, Lt. Whereas, Richard Finan must be com- HOMELAND SECURITY ACT OF 2002 Commander Plage immediately requested sea mended for his professionalism and his ability duty. His first assignment was commanding a to motivate those around him by establishing SPEECH OF submarine chaser. With only 4 days to get a superb example; and HON. CAROLYN C. KILPATRICK ready, he assumed command of a crew of 55. Whereas, Richard Finan’s dedication and service will be missed by the entire state of OF MICHIGAN On February 18, 1944, the USS Tabberer Ohio. IN THE HOUSE OF REPRESENTATIVES (DE–418) was launched. She was commissioned on May 23, 1944, with Plage in com- Therefore, I join with the residents of the en- Wednesday, November 13, 2002 mand. By October the ship had joined Admiral tire 18th Congressional District of Ohio in cele- Ms. KILPATRICK. Mr. Speaker, when this Halsey’s 3rd Fleet, helping to supply crucial air brating Richard Finan’s years of service and Chamber considered predecessor legislation, cover for General MacArthur’s Land troops. retirement from the Ohio State Senate.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2028 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 CELEBRATING 40 YEARS OF LOCAL The Famine was engineered as part of Sta- Gordon devoted his life,both personally and BROADCASTING FOR PUBLIC lin’s genocidal policy toward the Ukrainian professionally, to social and economic justice STATION KVCR people, and resulted in the deaths of at least and equality. His early dedication to social jus- 7 million innocent men, women, and children. tice evolved into a dogged determination to HON. JERRY LEWIS Though these deaths were covered up and work in his own communities for obtainable OF CALIFORNIA denied for decades by the government of the and sustainable political and social change. former Soviet Union, the truth surrounding IN THE HOUSE OF REPRESENTATIVES Gordon was a tireless petitioner of his local, these tragic events have been documented by State, and Federal Government. He was a fre- Thursday, November 14, 2002 witnesses and survivors, as well as investiga- quent, and always welcome, visitor to my Mr. LEWIS of California. Mr. Speaker, the tive works like Robert Conquest’s Harvest of Santa Cruz office, often dropping by to deliver residents of San Bernardino and Riverside Sorrow and the report of the Congressional mailings, news articles, or simply to make sure Counties in Southern California are in a very Commission on the Ukraine Famine. I was aware of the latest concerns of our local unique position when it comes to television I recently received a letter from Dr. Walter community. His experience as a writer and stations. The Los Angeles broadcasters are Lyzohub from Redford Township, MI. He wrote editor was frequently put to good use, as Gor- close enough to provide all the local coverage to tell me that he was a survivor of the Fam- don was often chosen to pen letters and reso- we can receive. But they consider most of our ine, but that the Famine took the lives of his lutions on behalf of local democratic clubs and news too far away to cover. sister, Wira, as well as his brother, Iwan. His the Santa Cruz County Democratic Central For the past 40 years, the only broadcaster sister and brother were age 10 and 9, respec- Committee. In fact, just weeks before his that has continuously served the people of tively. Dr. Lyzohub also enclosed a family pho- passing, Gordon contributed to a passionately San Bernardino and Riverside counties has tograph taken in 1929, just 3 years before the written resolution condemning the possible been KVCR, the public television station oper- onset of the Famine. war in Iraq. ated by the San Bernardino Valley Community For Dr. Lyzohub and other survivors of the I could always count on Gordon to attend College District. They have provided news, Famine, these tragic events are not just a every town hall and public meeting I held. He focus documentaries, features and creative footnote in history. They are as real as the consistently asked the tough questions, some- programming that have often been the only faces in this photograph of two children who source of local broadcasting for an area that died so needlessly. We honor the memory of times praising his elected representatives, but includes nearly 2 million people. Wira and Iwan Lyzohub, and all the victims of never shy about voicing his concerns. Gor- Forty years of providing the only public the Ukrainian Famine of 1932 and 1933. It is don’s life-long dedication to participating and broadcasting to such a large area would be important that we remember their lives and petitioning his government should be com- worth celebrating even if this was the only their deaths, and work to ensure that food is mended and celebrated. Though I, and count- service provided by KVCR and the community never again used as a weapon. less others, will surely miss Gordon, his un- college district. But the station’s other role Mr. Speaker, as we commemorate the anni- flagging pursuit of justice and equality will be may be even more important: It is an access versary of this man-made tragedy, we join with a lasting tribute to the Santa Cruz community, point to the world of broadcasting for a student Ukrainian-Americans and Ukrainians around and an example for us all. body that is among the most diverse and the world in always remembering the victims Gordon is survived by two children, Guy hard-working in Southern California. The grad- of the Famine. Haskell of Bloomington, IN, and Elisabeth uates of this program have moved on to many f Haskell of Sacramento, CA; 3 stepchildren, of the commercial and cable broadcasters Garry Fathman, Anthony Fathman, and Mary throughout our region and the nation, and they HONORING GORDON HASKELL Fathman-Thomas; 10 grandchildren; 2 great- in turn have served as role models and men- grandchildren; and his wife, Rachel. Mr. tors for other minority communities and other HON. SAM FARR Speaker, it is truly my honor to recognize the cities. OF CALIFORNIA life and accomplishments of Mr. Gordon Has- In fact, Mr. Speaker, KVCR was the first TV IN THE HOUSE OF REPRESENTATIVES kell. station in the nation to be owned and operated Thursday, November 14, 2002 by a public community college, and it has in- f structed tens of thousands of students via Mr. FARR of California. Mr. Speaker, I rise educational broadcasts and remains an essen- today to remember a very special man, Mr. IN HONOR OF PROFESSOR DAVID tial component of the college district. The sta- Gordon Haskell, a resident of Santa Cruz, CA, PAGNI FOR HIS CONTRIBUTIONS tion is a national pioneer in the use of tele- who passed away on October 4, 2002. Gor- AND DEDICATION TO THE STU- vision for direct instruction intended for view- don dedicated his life to community service, DENTS OF ORANGE COUNTY ing in the area’s classrooms, in the workplace, promoting social justice, and advocating for or conveniently in the homes of students. democratic principles. It is my honor to stand Mr. Speaker, KVCR–TV is a vital link in in this House and acknowledge Gordon’s life HON. LORETTA SANCHEZ educating the new and existing workforce for and his legacy to California’s 17th Congres- OF CALIFORNIA tomorrow’s business needs. And it remains sional District. IN THE HOUSE OF REPRESENTATIVES the only broadcaster providing local news and Mr. Gordon Haskell was born the youngest public interest reports, as well as serving the of 10 children August 15, 1917, in Plovdiv, Thursday, November 14, 2002 diverse needs of our community. I ask you Bulgaria to Edward Haskell, a second genera- Ms. SANCHEZ. Mr. Speaker, I rise today to and my colleagues to join me in congratulating tion American Protestant Missionary, and honor Professor David Pagni from California Elisabeth Frolich Haskell of Enenda, Switzer- General Manager Lew Warren and the San State University, Fullerton. David, a math pro- land. At the age of 16, Gordon settled in Cali- Bernardino Community College District board fessor from Cal State Fullerton received a fornia where he attended Voorhee’s School for for continuing to provide this valuable public grant in the amount of $6.5 million from the Boys, Occidental College, and later graduated service. National Science Foundation. It is the largest from the University of California at Berkeley. f grant ever awarded to a Cal State faculty Gordon worked for 9 years as a locomotive member. COMMEMORATING THE 69TH ANNI- fireman on the Southern Pacific Railroad while VERSARY OF THE UKRAINIAN active as a union organizer in the Independent David will be using the funds from this grant FAMINE Socialist League. He later moved to New York to head a team of professors and teaching to serve as editor of the ISL’s newspaper, coaches to show teachers how to teach ad- HON. SANDER M. LEVIN Labor Action. After a number of years with the vanced math at Orange County high schools and their middle school counterparts over the OF MICHIGAN ISL, Gordon moved on to become Director of next 5 years. The hope is that better math in- IN THE HOUSE OF REPRESENTATIVES development for the American Civil Liberties Union in New York. In 1969, Gordon met his struction in middle school will better prepare Thursday, November 14, 2002 future wife, Rachel, as she stirred lemonade at students for advanced math classes in high Mr. LEVIN. Mr. Speaker, I rise today to a peace rally in St. Louis. Gordon and Rachel school. commemorate the 69th anniversary of the spent much of their 32 years of marriage in I am very proud of David for his achieve- Ukrainian Famine of 1932 to 1933. Santa Cruz, CA. ment and dedication.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2029 TIM SCHMIG: AN ADVOCATE WITH a performer, business entrepreneur, and civil Studies and was a doctoral candidate in his- INTEGRITY rights activist to break down the color lines of tory. His dream was to continue to research segregation. and write about his native state. HON. JAMES A. BARCIA Born in Clarksdale, Mississippi on January Ray passed away on June 6, 2002 sur- OF MICHIGAN 22, 1931, Sam Cooke was one of eight sons rounded by his loving family. He was pre- of a Baptist minister. As a young teen, Cooke IN THE HOUSE OF REPRESENTATIVES ceded in death by his father, Alberto Baca and joined the church choir and performed with a sister, Viola Baca, and is survived by his wife Thursday, November 14, 2002 gospel group called the Highway QC’s. During of 35 years Victoria Baca; sons Rafael and Ar- Mr. BARCIA. Mr. Speaker, I rise today to the 1950’s, Cooke toured with the group Soul thur; mother Josefita Baca; and sisters Dolo- honor Tim Schmig of Burton, MI, for his work Stirrers and achieved significant success with res Padilla, Priscilla and Anna Mae Baca. His on behalf of the Michigan Association of Chris- gospel songs including Touch the Hem of His family, innumerable friends and community will tian Schools, Inc., and for his years of service Garment and Nearer to Thee. miss him greatly. representing the interests of Michigan with Cooke crossed over in 1956 and made his He will be remembered as a loving and gen- elected officials throughout the State and na- secular debut single, Loveable. The single, erous husband, father, son, brother, and tionwide. I have worked closely with Tim dur- You Send Me, sold two million copies and friend. He valued his family above all things, ing my tenure in Congress and have greatly made him a star. A series of notable hits fol- and supported and encouraged them in all appreciated his input on a wide range of lowed over a span of seven years—Wonderful stages of their lives. He instilled in his children issues. World, Only Sixteen, Everybody Likes a Cha a strong sense of family, love, and respect, I first met Tim in 1993 when he stopped in Cha, Chain Gang, Cupid, Sad Mood, Bring It and he encouraged them to excel in their edu- to see me while I was meeting with constitu- on Home to Me, Twisting The Night Away, cation. He was an exceptional, compassionate ents at the courthouse in Bad Axe, MI. As I re- and A Change Gonna Come. and motivating individual. Cooke died at the peak of his career in De- call, Tim had some issues on his mind and we And so Mr. Speaker, I submit this loving cember of 1964. The music pioneer still re- had a worthwhile discussion that provided me memorial to be included in the archives of the mains a major presence today as his legacy with some additional information to consider. history of this great nation. Since that time, I have kept in contact with lives in the hearts of fans. Tim, often soliciting his perspective as I pon- Today, I ask my colleagues to join me in f dered legislative matters and public policy de- honoring and celebrating the legendary Sam cisions. Likewise, Tim often called on me at Cooke for his tremendous contributions as a HOMELAND SECURITY ACT OF 2002 my office in Washington, DC, or back at home soul and gospel artist, entrepreneur, and freedom fighter. to give me his views. In addition, I have al- SPEECH OF ways been impressed with Tim’s conveyance f of his opinions in Op-Ed pieces and in Letters HON. SOLOMON P. ORTIZ TRIBUTE TO MAJOR JOSE RAMON to the Editor. OF TEXAS As the executive director of the Michigan BACA IN THE HOUSE OF REPRESENTATIVES Association of Christian Schools and during his previous job with the National Right Your HON. JOE BACA Wednesday, November 13, 2002 Congressman organization, Tim has earned OF CALIFORNIA Mr. ORTIZ. Mr. Speaker, I rise in support of respect and garnered influence on both sides IN THE HOUSE OF REPRESENTATIVES the bill to create a Department of Homeland of the political aisle. Lawmakers have come to Thursday, November 14, 2002 Security (DHS). I was one of the first mem- trust Tim and rely on his knowledge of the bers of Congress to call for a Department of Mr. BACA. Mr. Speaker, I would like to pay issues and his well-informed advocacy on a Homeland Security and a reorganization of the tribute to Major Jose Ramon Baca, who is a variety of issues. He truly has earned both the various elements of the government that pro- very special individual to me. He was truly ap- respect and influence he has in the halls of vide our nation’s security—from national de- preciated and loved by all who were fortunate Congress and in the Michigan Legislature. fense to border defense. A 1984 graduate of Bob Jones University, enough to know him. I support this bill because of the over- Tim has made a personal and professional Jose ‘‘Ray’’ Baca was born in Las Nutrias, whelming need for our nation to recognize our commitment to our Lord and Savior, Jesus New Mexico, to Alberto and Josefita Peralta challenges in the new defense environment of Christ. He and his wife have been married for Baca on March 19, 1940, and grew up in Al- the 21st Century. We were vulnerable to a de- 22 years and they have three daughters, buquerque’s South Broadway neighborhood. gree we did not anticipate on September 11, Sarah, Rebekah and Hannah. Ray graduated Albuquerque High School in and it is incumbent upon Congress and other Finally, Mr. Speaker, I ask my colleagues to 1958, and continued his education at the Uni- government leaders to stand up to the chal- join me in praising Tim Schmig for his dedica- versity of New Mexico. He graduated from the lenge and find ways to make our country tion and commitment to promoting Christian University in 1962 with a B.S. in chemical en- safer. schools. He is truly doing the Lord’s work and gineering and was a member of the Tau Beta should be commended. I am confident that Pi National Engineering Honor Society. After I wish Congress had seen fit to take more Tim’s reputation for integrity and hard work will graduating, Ray married Victoria Morales in control of the personnel decisions to be made win him influence with elected leaders for San Antonio, Texas on July 16, 1966. To- in the labor sections of the bill. Whenever we many years to come. gether they raised their two sons, Rafael and vest all authority in one person we weaken our democracy. We are also weakening this de- f Arthur. Once joining the Air Force, Ray’s ambition, partment from the beginning by asking its em- IN HONOR OF SAM COOKE, LEG- brilliance, and passion poised him for success. ployees to adhere to rules separate from ENDARY SINGER AND SONG- During his 20-year career in the Air Force, he those rules that govern other government em- WRITER worked as a launch officer for the Atlas Missile ployees. Project in Roswell and in Turkey. He received Despite its shortcomings, however, we are HON. EARL F. HILLIARD a Masters of Science degree in 1968 in nu- well past the time to re-focus our energies on OF ALABAMA clear engineering from the Air Force Institute a new organization for our government to protect our borders and our citizens. IN THE HOUSE OF REPRESENTATIVES of Technology (AFIT) at Wright Patterson Air Force Base, Ohio. He also worked as a staff I thank the leaders of the House and Senate Thursday, November 14, 2002 scientist at McClellan Air Force Base in Cali- for their hard work on this bill. I also thank the Mr. HILLIARD. Mr. Speaker, I rise today to fornia and later at the Air Force Missile Com- Democratic Caucus for recognizing the impor- honor and pay tribute to the late Sam Cooke, mand in Washington, D.C. tance of this issues and forming the Demo- a gospel and soul music performer whose His yearning for knowledge led him to return cratic Caucus Task Force on Homeland Secu- vocal delivery laid the foundations for the rise to the University of New Mexico. In 1987 he rity. This task force paved the way for nearly of soul music today. He utilized his talents as received a M.A. in History and Southwestern all the good ideas incorporated in this bill.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2030 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 TRIBUTE TO RETIRED COLONEL Due to the altitude they were flying at, the campaign will enable the National Crime Pre- GROVER F. HEIMAN, JR., RE- aircraft used the onboard tri-met and oblique vention Council to disseminate information to TIRED LIEUTENANT COLONEL cameras as well as visual observation to parents through print material, Web-based in- ROY E. KADEN, RETIRED MAJOR search for any Soviet airbases. formation, public service advertising, and EARL L. SCHUREMAN, AND RE- After flying in that area for a considerable through a partnership with the National Safety TIRED SENIOR MASTER SER- amount of time, the crew saw no sign of any and Security Council, a consortium of busi- GEANT JOHN D. GOOLSBEE Soviet military presence and departed. nesses and organizations committed to pro- The crew maintained radio silence for the moting environments that are safe and secure HON. ELTON GALLEGLY entire flight back until they were directly over from the threat of crime, violence and drug OF CALIFORNIA their base in Greenland. Once over the air- abuse. base, they broke radio silence, and since the I am pleased to direct my colleague’s atten- HON. JIM GIBBONS weather had gotten slightly better, they were tion to the valuable partnership between the OF NEVADA able to land and complete their mission. Allstate Foundation and the National Crime IN THE HOUSE OF REPRESENTATIVES They spent several days after this flight de- Prevention Council. I applaud these organiza- Thursday, November 14, 2002 briefing United States Intelligence members on tions for this leadership in working to prevent Mr. GALLEGLY. Mr. Speaker, it gives us what they saw. crime and improve the quality of life for all great pleasure to pay tribute to retired Colonel The selfless sacrifice of these American he- Americans. Grover F. Heiman, Jr., retired Lieutenant Colo- roes has made our nation a safer place. f f nel Roy E. Kaden, retired Major Earl L. TRIBUTE TO COLONEL THOMAS D. Schureman, and retired Senior Master Ser- CONGRATULATING THE PARTNER- WEBSTER geant John D. Goolsbee for their brave dedi- SHIP BETWEEN THE ALLSTATE cation to their country. FOUNDATION AND THE NA- On September 17, 1952, these four Amer- HON. JAMES T. WALSH TIONAL CRIME PREVENTION OF NEW YORK ican heroes and the rest of their RB–50 crew, COUNCIL took off from an airbase in Greenland on a IN THE HOUSE OF REPRESENTATIVES Top Secret reconnaissance mission over the Thursday, November 14, 2002 ‘‘Ice Islands’’ of the Soviet Franz Josef Land HON. MARK STEVEN KIRK Mr. WALSH. Mr. Speaker, on 2 June 2002, Archipelago. OF ILLINOIS This crew was personally selected and high- IN THE HOUSE OF REPRESENTATIVES Colonel Thomas Webster retired as the Com- mander of the 152nd Air Operations Group, ly trained to fly this mission. They were told if Thursday, November 14, 2002 they were shot down or captured, there would New York Air National Guard in Syracuse, NY. Mr. KIRK. Mr. Speaker, today I want to rec- be no rescue operation. Despite this, the crew He assumed this position in February 1998. ognize the long-standing public-private part- risked their own lives to gather information on The Air Operations Group was established at nership between the Allstate Foundation and a possible new Soviet air base being built in this time as the first ever within the Air Na- the National Crime Prevention Council, a Franz Joseph archipelago. tional Guard. If there was a base being built, Soviet TU– model collaboration that will strengthen each He was assigned as the Director of the Min- 4 bombers would be capable of attacking the organization’s commitment to building imum Essential Airfield in Rome, New York East Coast of the United States with nuclear healthier and safer communities. from October 1995 to February 1998, earning weapons. The Allstate Foundation is an independent, a USAF Meritorious Service Medal for his ex- The crew departed in the early morning for charitable organization made possible by the pert leadership and command excellence. their 15-hour mission. The fog on the field was Allstate Corporation, the nation’s largest pub- Colonel Webster was born on October 19, so thick that they had to follow a vehicle to the licly held personal lines insurer based in my 1946, in Rochester, Minnesota, and graduated runway. congressional district. The Allstate Foundation from Lourdes High School. He earned a Bach- After doing a thorough check of all aircraft sponsors community initiatives that promote elor of Arts degree in liberal arts from the Uni- systems, the RB–50 lifted off for the Soviet safe and vital communities; tolerance, inclu- versity of Minnesota in 1969. He has com- Union. Since this mission was Top Secret, sion, and diversity; and economic empower- pleted many career-related schools during his there was complete radio silence for the entire ment. As the nation’s focal point for crime pre- military career. This includes the Army War 15-hour flight; the crew did not talk to anyone vention, the National Crime Prevention Council College at Carlisle Pennsylvania in July 1992. on the radios. works to enable people to create safer more Colonel Webster completed Officer Training This mission was at such a northern latitude caring communities by addressing the causes School in May 1972, and joined the 174th that the crew had to navigate using a system of crime and violence and reducing the oppor- Fighter Wing in January 1975. He attended known as ‘‘Grid Navigation.’’ This system is tunities for crime to occur. The partnership be- undergraduate pilot training at Williams AFB, used to solve problems with direction posed tween the Allstate Foundation and the Na- Arizona and spend several years as a tradi- by flying so close to the North Pole. tional Crime Prevention Council provides a tional guardsman pilot in Ohio and New York To simplify the navigation problems, the model for how responsible corporate citizens while continuing his civilian career. He began crew took two navigators. One navigator main- can work with leading national nonprofit orga- his full-time military career with the 174th tained a dead reckoning plot of position, com- nizations to help improve communities at Fighter Wing as a Quality Control Officer, and puting air speed, wind direction, velocity and home and around the nation. then became the Maintenance Squadron ground speed; the other navigator provided The Allstate Foundation has worked with Commander in 1985. Colonel Webster was frequent astro compass readings of the azi- and supported the National Crime Prevention assigned as the Maintenance Squadron Com- muth of the sun. Council since 1991. Sponsoring programs in- mander for the 138th Fighter Squadron, 4th Once the flight entered the area they were cluding Students Mobilized Against Drugs, the Tactical Fighter Wing (Provisional) at Al Kharj to reconnaissance, they planned to fly at 10th Annual Youth Crime Prevention Con- Air Base in Saudi Arabia during Operation 20,000 feet and use the onboard photography ference and the Teens, Crime and Community Desert Shield/Storm. He returned to the 174th systems to survey the area. program. The Allstate Foundation continues to Fighter Wing as the Maintenance Squadron Unfortunately, at 20,000 feet, the RB–50 take an active role in the dissemination of Commander in May 1991. In 1992 he became was above a solid cloud layer, rendering the crime prevention information and materials by Vice Wing Commander of the 174th Fighter onboard photography system useless. The air- providing seed money for the development of Wing and Air Commander of the full-time craft descended to 12,000 feet hoping to get crime prevention web-sites including, force. below the weather, but there was still another www.McGruff.org and www.ncpc.org. Colonel Webster is a command pilot with layer of clouds below them. In an attempt to The Allstate Foundation recently awarded a more than 2,500 flying hours in fighter aircraft, salvage what they could from this mission, the grant of $200,000 to the National Crime Pre- including the A–10 and F–16. His military crew descended through several cloud layers vention Council to support the Be Safe & awards include the Legion of Merit, the Bronze until leveling off below the clouds, 2,500 feet Sound campaign, a new initiative that will Star Medal for his service in Saudi Arabia, the above the ground. equip parents and caregivers with information Air Force Commendation Medal, the Air Force The aircraft passed over numerous small, about prevention programs and security meas- Outstanding Unit Award with V and four de- ice covered, barren islands looking for any ures so that they can be the best advocates vices, the Combat Readiness Medal with two signs of a Soviet military presence. for their children’s safety while at school. This devices, the National Defense Service Medal,

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2031 the Southwest Asia Service Medal with three review their special election laws, drafted whose duty would be to preside over the elec- devices, the Air Force Longevity Service amendments to the Presidential Succession tion of a new Speaker or Speaker pro tem- Award Ribbon with four devices, the Armed Act of 1947, and reviewed three constitu- pore. tional amendments related to congressional Conclusion: During the past six months, Forces Reserve Medal with one device, the continuity. Accompanying this letter are the Working Group has explored a variety of Small Arms Expert Marksmanship Ribbon, the three draft Rules, developed by the Working possible solutions to the many problems sur- Air Force Training Ribbon, and the Kuwait Lib- Group, which we are requesting be included rounding congressional continuity. The eration Medal. in the final rules package to be voted on by Working Group began with an examination Colonel Webster is married to the former the House at the beginning of the next ses- of the least constitutionally intrusive solu- Denise Schwartz. They live in Baldwinsville, sion. tion—changes to the House Rules. We re- New York and have two sons, Paul and Nich- The Working Group has identified three quest that the House Rules Committee consider these three rules and include them in olas. areas with respect to congressional continuity that the Working Group believes can the rules package to be voted on by the f be addressed through changes to the House House in January. These simple changes to the House Rules will help to ensure the con- TRIBUTE TO CHRIS LEAK Rules: Codifying the process by which the Speak- tinuity of this great institution—the United er certifies the death of a House Member in States Congress. HON. SUE WILKINS MYRICK order to reduce the whole number of the Sincerely, HRISTOPHER OX OF NORTH CAROLINA House for purposes of establishing a quorum; C C , Allowing the Speaker to accelerate or Chairman, House Pol- IN THE HOUSE OF REPRESENTATIVES postpone the reconvening of the House in the icy Committee. Thursday, November 14, 2002 event of a declared emergency; and MARTIN FROST, Authorizing an individual other than the Chairman, House Mrs. MYRICK. Mr. Speaker, I rise today to Speaker to reconvene the House in the event Democratic Caucus. offer congratulations to a young man in my of a catastrophe resulting in the death of the congressional district that truly deserves rec- Speaker. ognition. Chris Leak, a senior at Independence Death Rule: Presently, no House rule codi- PROPOSED AMENDMENT TO CLAUSE 5, High School in Charlotte, N.C. set the national fies the process by which the Speaker certifies the death of a House Member in order RULE XX (VOTING AND QUORUM CALLS) record for high school football touchdown OF THE HOUSE RULES passes. This past weekend, Chris threw his to reduce the whole number of the House for purposes of establishing a quorum. When a (Proposed Amendment in bold) 171st touchdown to break the previous record Representative dies in office, the House and 5. (a) In the absence of a quorum, a major- of 170. In breaking the record, Chris displayed the Speaker take cognizance of the vacancy ity comprising at least 15 Members, which the same natural ability that has generated na- by adopting a House Resolution expressing may include the Speaker, may compel the tional attention by throwing for 457 yards, 5 the sorrow of all House Members. The whole attendance of absent Members. touchdowns and securing Independence High number of the House is adjusted accordingly. (b) Subject to clause 7(b) a majority of School’s 41st straight win. Chris is considered However, because the preceding determina- those present may order the Sergeant-at- tion of the whole number of the House is the Arms to send officers appointed by him to by many football analysts to be the top quar- arrest those Members for whom no sufficient terback prospect in the country, and he is number that must be used to establish a quorum until a new whole number is estab- excuse is made and shall secure and retain being actively recruited by major universities. I lished, in the event that a large number of their attendance. The House shall determine am proud to recognize his achievement today Members are killed, a quorum could not be on what condition they shall be discharged. and wish him the best of luck in the future. established for the purpose of establishing a Unless the House otherwise directs, the f new whole number. Members who voluntarily appear shall be ad- To remedy this potential problem, the mitted immediately to the Hall of the House THE CONTINUITY OF CONGRESS Working Group has drafted a rule which and shall report their names to the Clerk to WORKING GROUP would allow the Speaker to announce the ad- be entered on the Journal as present. justment of the whole number of the House (c) Upon the death, resignation, expulsion, upon notification of the death, resignation, disqualification or removal of a Member, the HON. CHRISTOPHER COX expulsion, disqualification, or removal of a whole number of the House shall be adjusted OF CALIFORNIA Member. The Speaker’s announcement would accordingly. The Speaker shall announce the IN THE HOUSE OF REPRESENTATIVES not be subject to appeal. adjustment to the House. Such an announcement shall not be subject to appeal. In the Thursday, November 14, 2002 Emergency Recess Rule: In a time of national emergency, such as that seen on Sep- case of a death, the Speaker may lay before Mr. COX. Mr. Speaker, I submit the fol- tember 11th when the Capitol building was a the House such documentation from federal, lowing letter by myself and the gentleman target of the terrorists, the Speaker may state, or local officials as he deems pertinent. from Texas, Mr. FROST, and the accom- need to accelerate the reconvening of the panying information on the continuity of Con- House or postpone House action in order to protect the lives of House Members and staff. PROPOSED AMENDMENT TO CLAUSE 12, gress Working Group for the perusal of my Accordingly, the Working Group has draft- colleagues. RULE I (DECLARATION OF RECESS) OF ed an Emergency Recess Rule. Under this THE HOUSE RULES HOUSE OF REPRESENTATIVES, Rule, the Speaker, if informed by the Ser- (Proposed Amendment in bold) WASHINGTON, DC, geant-at-Arms of an imminent threat to the 12. (a) To suspend the business of the House November 12, 2002. safety of the Members and after obtaining for a short time when no question is pending Hon. DAVID DREIER, the concurrence of the Minority Leader of before the House, the Speaker may declare a Chairman, House Rules Committee, the House, could notify Members that the recess subject to the call of the Chair. Washington, DC. House would not convene at the time stipu- (b) To suspend the business of the House DEAR CHAIRMAN DREIER: In May 2002, the lated when the House previously adjourned when notified by the Sergeant-at-Arms of an Speaker and Minority Leader asked us to co- but would instead convene at another time imminent threat to its safety, the Speaker chair a bipartisan Continuity of Congress during the next three days in accordance may declare an emergency recess subject to Working Group, of which you are a member, with the Constitution. The Rule would also the call of the Chair. to study ways to ensure that the legislative allow the Speaker, with the concurrent of (c) During any recess or adjournment of branch continues to function in the event the Minority Leader, to reconvene the House fewer than three days, if the Speaker is noti- that a terrorist attack or other catastrophe earlier than stipulated for the sole purpose fied by the Sergeant-at-Arms of an imminent kills or incapacitates a large number of of declaring a further postponement. impairment of egress at the place of recon- Members. Because the Constitution permits Speaker Succession Rule: Current House vening at the time previously appointed, then the House to ‘‘determine the Rules of its rules do not explicitly address who would he may, with the concurrence of the Minority Proceedings’’ and to judge the ‘‘Qualifica- preside over the House in the event that Leader— tions of its own members,’’ the Working there is a vacancy in the Office of the Speak- (1) postpone the time for reconvening with- Group has been studying pertinent rules er. Therefore, if the Speaker and the Clerk of in the limits of clause 4, section 5, article I of changes to remedy some of the problems the House die during a catastrophic attack, the Constitution and notify Members accord- that could be created under such cir- there would be no living individual author- ingly; or cumstances. ized to reconvene the House, or call the (2) reconvene the House before the time As you know, during the past six months, House into session. previously appointed solely to declare the the Working Group has held eight meetings, To remedy this potential problem, the House in recess within the limits of clause 4, drafted new House Rules, drafted a House Working Group has crafted a rule which section 5, article I of the Constitution and no- Resolution—which the House passed on Octo- would allow the Speaker to establish a line tify Members accordingly. ber 2, 2002 by a vote of 414–0—urging states to of succession for a Speaker pro tempore

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 0626 Sfmt 0634 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2032 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 PROPOSED AMENDMENT TO CLAUSE 8(b), allocated away from drug interdiction to deal narcotics officer is intended to have broad and RULE I (SPEAKER PRO TEMPORE) OF with catastrophic terrorism. While some flexi- more sweeping responsibilities in this area, THE HOUSE RULES bility in this regard is appropriate, we cannot the intention is simply to have the counter- (Proposed Amendment in bold) allow our efforts at drug interdiction to falter narcotics official assume the role as USIC, 8. (a) The Speaker may appoint a Member when almost 20,000 Americans die each year and I believe this is the only sensible out- to perform the duties of the Chair. Except as of drug-related causes and as we have income. specified in paragraph (b), such an appoint- creasingly seen the ties between the drug I want to stress that this is in no way in- ment may not extend beyond three legisla- trade and financing for catastrophic terrorism. tended as any reflection on the Coast Guard, tive days. To address these concerns, Section 878 of (b)(1) In the case of his illness, the Speaker for which I have extremely high regard both in may appoint a Member to perform the duties the bill will establish a counternarcotics officer this particular area and in general, or the cur- of the Chair for a period not exceeding 10 at a senior level to coordinate policy and oper- rent or past Commandants, who have pro- days, subject to the approval of the House. If ations within the Department and between the vided outstanding service as USICs. It is nec- the Speaker is absent and has omitted to Department and other agencies on drug inter- essary incident to the reorganization of the make such an appointment, then the House diction. The officer will also be charged with interdiction agencies within the new Depart- shall elect a Speaker pro tempore to act dur- ensuring the adequacy of resources within the ment, which I believe provides us with a sig- ing the absence of the Speaker. Department for drug interdiction, and tracking nificant opportunity to enhance our overall na- (2) With the approval of the House, the and severing connections between terrorism Speaker may appoint a Member to act as tional effort. President Bush has clearly stated Speaker pro tempore only to sign enrolled and the drug trade for the purposes of the De- that Homeland Security should not be about bills and joint resolutions for a specified pe- partment of Homeland Security. ‘‘turf’’ or the prerogatives of individual agen- riod of time. As the author of this provision, I want to ad- cies or government officials but instead about (3)(A) In the case of a vacancy in the office dress two important points of legislative intent. improving how we keep Americans safe. This of Speaker, the next Member on the list de- First I want to reiterate, as I said in the earlier provision was included in that spirit, and I be- scribed in subdivision (B) shall act as Speak- floor debate on this legislation, that it is my in- lieve that it ought to be embraced in that spirit er pro tempore until the election of a Speak- tention that the person appointed to this posi- by the Coast Guard and will be embraced in er or a Speaker pro tempore. Pending such tion must be a senior official within the Depart- the finest traditions of ‘‘Semper Paratus’’. election the Member acting as Speaker pro ment with the authority to ensure the efficient tempore may exercise such authorities of the Director Walters made me aware, however, Office of Speaker as may be necessary and conduct of the interdiction mission. We had of some concerns which I agree merit careful appropriate to that end. originally designated this position as an Assist- consideration in the future. The USIC has (B) As soon as practicable after his election ant Secretary position. After discussion with been a senior advisor to the Director and and whenever he deems appropriate there- the Administration that designation was re- ONDCP, and the statutory designation of the after, the Speaker shall lay before the House moved, but I want to make clear my intention Homeland Security counternarcotics officer in a complete list of the Members of the House that the appointee to this position should have that role within ONDCP removes the preroga- in the order in which each shall act as Speak- a similar level of seniority and authority in er pro tempore under subdivision (A). tive of the Drug Czar to appoint his own senior order to make and enforce effective policy be- advisor. I am sensitive to this concern. I did f tween the diverse agencies that will be not consider it in drafting the amendment sim- headquartered in the new Department. I would HOMELAND SECURITY ACT OF 2002 ply because the Director has customarily and also like to make clear my intention that the routinely named the Commandant of the SPEECH OF official designated under this provision should Coast Guard to the position in the past, and not be a ‘‘dual-hatted’’ appointee who has my intention was to make a direct substitution. HON. MARK E. SOUDER other responsibilities or obligations within the I want to make clear as the author of this OF INDIANA Department, nor should they be affiliated with amendment and as Chairman of the author- IN THE HOUSE OF REPRESENTATIVES any of the component organizations of the izing Subcommittee for ONDCP that it is not Wednesday, November 13, 2002 new Department. The clear intention of this intended in any way to diminish the Director’s provision is to provide a single, neutral, official authority over his office. I also continue to be- Mr. SOUDER. Mr. Speaker, I rise in support who will concentrate solely on ensuring effec- lieve, however, that the USIC post must adapt of this important legislation, which I believe tive drug interdiction and acting as a broker to reflect the structure that has now been cre- takes historic and long overdue steps to im- and arbiter between different agencies within ated within the Department of Homeland Se- prove the coordination of Federal agencies in the Department. curity, and thus will not attempt at this late protecting the United States against cata- Second, I would like to briefly address a hour to revise the language in the bill. I will, strophic terrorism and our borders against couple of concerns that were raised today by however, revisit this issue as we consider re- many other diverse threats. the Office of National Drug Control Policy with authorization of ONDCP in the next Congress I rise as the Chairman of the Drug Policy respect to the provision that the Counter- to try to develop a better formulation that will Subcommittee and one of the co-chairs of the narcotics Officer will serve as the United address each of these concerns. Speaker’s Task Force on a Drug Free Amer- States Interdiction Coordinator for the Director f ica to specifically address Section 878 of this of the Office of National Drug Control Policy. legislation, which is a provision to create a That position is an advisory position to the Di- NELSON MARTINEZ DEPARTS Counternarcotics Officer. I originally included rector with respect to national coordination of KOAT this provision as an amendment in the Gov- drug interdiction activities. The USIC is ap- ernment Reform Committee with bipartisan pointed by the Director, but in the past the job HON. TOM UDALL support from the Gentleman from Maryland customarily has been filled by the Com- OF NEW MEXICO UMMINGS (Mr. C ) and the Gentleman from Illi- mandant of the Coast Guard. This provision of IN THE HOUSE OF REPRESENTATIVES nois (Mr. DAVIS). I also would like to thank the bill was necessary in order to provide the Thursday, November 14, 2002 Speaker HASTERT, Chairman ARMEY, and Sen- ‘‘clear lines of authority’’ which the President ator GRASSLEY, who sponsored a nearly iden- just yesterday said were so important to have Mr. UDALL of New Mexico. Mr. Speaker, I tical provision in the other body, for their in Homeland Security matters. rise today to pay tribute to an outstanding strong support of this concept as the legisla- Within the Department of Homeland Secu- New Mexican, journalist and entertainer, Nel- tion has moved ahead. rity, the official provided for in Section 878 of son Martinez. He will be leaving KOAT–TV, Many of the agencies that will be transferred the bill will be responsible for coordinating the where he has worked for nearly two decades, to the new Department of Homeland Security activities of all department agencies on drug to pursue other professional opportunities in are also our Nation’s preeminent agencies for interdiction, including the Coast Guard. The early December. the interdiction of illegal drugs. The creation of USIC position needed to be addressed to en- Born in Chimay[oacute] and raised in north- the new Department, therefore, provides a sure consistency and harmony on drug inter- ern New Mexico, Mr. Martinez has enjoyed a unique opportunity to greatly enhance the diction issues. It would have been completely multi-faceted career of more than 35 years in operational coordination between these agen- illogical to have the Commandant report to the the broadcast business, as a radio disc jock- cies and our efforts to keep drugs out of the narcotics coordinator within the Department, ey, worldwide videotape editor, reporter and United States. It also presents the risk, how- but then have the coordinator report to the news anchor. New Mexicans are always so ever, that these critical missions will be made Commandant for the purposes of the National proud to see one of their own scale grand of lesser importance and that resources will be Drug Control Strategy. Because the counter- heights, as he has.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2033 His announcing skills began in New Mexico IN PRAISE OF THE LUTHERAN who is serving his 39th year as the Colonel’s in 1964 with a Spanish radio show on FELLOWSHIP ASSOCIATION OF head coach, leaves Eastern Kentucky Univer- Espa[ntilde]ola’s KDCE Radio, when he was a THE SAGINAW VALLEY sity after establishing one of the most suc- Los Alamos High School Senior. He later cessful college football programs in America. worked for KABQ Radio in Albuquerque, and HON. JAMES A. BARCIA His 39 years of coaching football at his alma KVSF in Santa Fe, before serving in the U.S. OF MICHIGAN mater, Coach Roy Kidd stands as a monu- Navy between 1967 and 1969. In Cleveland, IN THE HOUSE OF REPRESENTATIVES ment to his loyalty and dedication to the Uni- Ohio, he earned a First-Class Federal Com- versity, the game of football and to his stu- munications Commission License in Engineer- Thursday, November 14, 2002 dent-athlete players and has set a high standing. In 1971, he joined Cleveland’s local NBC Mr. BARCIA. Mr. Speaker, I rise today to ard of excellence and reminded us what is affiliate, WKYC, where he grew in experience honor the Lutheran Fellowship Association of best about college sports. All his victories, for six years. the Saginaw Valley as it celebrates 45 years championships and honors only begin to re- In 1977, NBC Network News employed him of dedicated service. Over the years, mem- flect the impact he has had on Eastern Ken- for three years from the Latin American News bers have made numerous and significant tucky University, the Commonwealth of Ken- Bureau based in Miami. In Florida, he covered contributions to Lutheran families and to the tucky, and beyond. It is his players, and their assignments to India, Belgium, Teheran, as citizens of many communities in Bay County successes, who offer the best testament to well as throughout Latin American countries, and elsewhere. They deserve our gratitude Coach Kidd’s unique ability to help young men including Costa Rica, Panama, Nicaragua, and praise. make the most of their time here, and in their Cuba, Peru, Columbia and many more. In Bay County, the Lutheran Fellowship As- lives beyond EKU’s campus. During his seven years with NBC, Mr. Mar- sociation began when a handful of faithful Kidd has put together a I–AA footfall pro- tinez also worked in the San Francisco and Lutherans with a vision of creating a gathering gram acknowledged throughout the country, Boston NBC bureaus covering news events place for families and friends joined together year in and year out, as one of the nation’s from the Pacific Northwest to Canada. to open a fellowship hall. Since then, the elite. He has a produced 24 straight EKU Mr. Martinez returned to New Mexico in group has grown to include more than 250 teams with winning seasons and 29 consecu- 1985. He began working for the local ABC af- members and their families, serving the needs tive Eastern teams with nonlosing seasons. filiate, KOAT–TV, as a reporter and weekday of thousands of Lutherans and others. There have been only two losing seasons at morning news anchor. In 1987, Mr. Martinez The LFA Hall has been a center of Lutheran EKU in his 39-year tenure. left for a weekend news anchor position with life in our community for generations. Under Along the way, his 38 Eastern Kentucky ABC affiliate WTNB–TV in New Haven, Con- the guidance of President Earl Wegener and teams have won two NCAA I–AA national necticut. One year later he returned to New other leaders past and present, it has contin- championships, two national runners-up titles Mexico to become one of the principal week- ued to fulfill its mission as a venue for individ- and 16 Ohio Valley Conference champion- day anchors on KOAT–TV. The rest, as they uals, families, groups and organizations to ships. He has also directed Eastern Kentucky say, is history. enjoy fraternal, social, educational, rec- to 17, I–AA playoff appearances, the most by Throughout his years with the station, Mr. reational and family events of all kinds at a any school in the nation. Martinez has helped Channel 7 build on its reasonable cost. A native of Corbin, KY where he starred in reputation as a station for credible and inform- It is not a stretch to say that a large per- football, basketball and baseball, Kidd chose ative journalism. He insisted on the highest centage of mid-Michigan’s Lutheran commu- Eastern Kentucky over the University of Ken- standards for the station. I know that he has nity has likely attended one or more events at tucky under Bear Bryant’s tutelage because also taken many younger reporters at the sta- the hall during their lifetime, including wedding EKU would let him play both baseball and tion under his wing and mentored them. He receptions, confirmation celebrations, anniver- football. has offered advice and criticism to these saries and a host of other activities. Many That decision set forth a legacy that is un- KOAT. I know how much his colleagues and marriages have gotten off to a beautiful start matched at all but one I–AA school and just thousands of loyal KOAT viewers who invited with a reception at the LFA Hall and years five other programs in the history of college him into their home daily will miss him. later an untold number of couples have re- football. On a personal note, I was touched by the turned to the hall to commemorate their anni- In 1963, Kidd received the call from Eastern emotion that Mr. Martinez displayed during the versary with family and friends. president, Dr. Robert R. Martin, offering him devastating Cerro Grande fire in 2000. He In addition, LFA members have always put the position as EKU’s head coach. 1964, watched with disbelief as his old stomping a high premium on charitable donations. Last Kidd’s first at the helm of the Eastern Ken- grounds, filled with rich memories, burned to year, they pooled financial resources to make tucky football program, produced just one of the ground. Trees turned to ash and homes a contribution to the victims of the September two losing seasons in the 38 years as follow vanished in the blink of an eye. He even wrote 11, 2001 terrorist attack in New York City. In as the Colonels went 3–5–1. a beautiful poem about the travesty that com- other years, they have provided assistance to It only took Kidd and his staff four seasons forted many of my constituents that had to en- disadvantaged children or those afflicted with to turn that around and produce an Ohio Val- dure the blaze. serious illnesses. ley Conference championship in 1967 that cul- What makes Mr. Martinez unique as a tele- Finally, Mr. Speaker, I ask my colleagues to minated with a 27–13 Grantland Rice Bowl vision journalist is the entertainment career he join me in praising the members of the Lu- victory over Ball State, which gave the Colo- has managed to shepherd on the side. He is theran Fellowship Association for all that they nels the NCAA Mideast Regional Champion- the singer on six mariachi CDs he has com- do to meet the needs of the Lutheran commu- ship. He quickly followed that up the next sea- pleted, and has appeared in some movies. He nity. Fellowship is an integral element in the son with a second OVC title as the Colonels also served as host on a recent documentary Lutheran faith and the LFA has served a use- went 8–2 behind quarterback Jim Guice and exploring churches and missions throughout ful and vital role in fulfilling that need in Bay future American football League Rookie of the the nation. He also intends to work on a book County. I am confident the LFA will continue Year, wide receiver Aaron Marsh. about his memories of growing up in to serve its members, their families, our com- In between 1968 and the formation of Divi- Chimay[oacute] that will offer advice for young munity and our Lord well into the future. sion I–AA by the NCAA in 1978, Eastern’s people at the crossroads of life. As he told a f teams produced winning seasons, collected reporter in July, ‘‘I thought, when I was grow- two more conference crowns (1974 and 1976) ing up, that I was poor. As I look back, I choke HONORING ROY KIDD, LEGENDARY and completed in the NCAA Division II play- up to think how rich I really was.’’ EASTERN KENTUCKY UNIVER- offs in 1976. Mr. Speaker, I ask that my colleagues join SITY HEAD FOOTBALL COACH EKU football’s decade of the 80’s arguably me in wishing Nelson and his family luck in all the most prestigious by any I–AA football pro- their future endeavors. His contributions to HON. ERNIE FLETCHER gram ever, produced seven conference cham- New Mexico cannot be understated and I am OF KENTUCKY pionships, three trips to the NCAA title game pleased to have been able to honor him here IN THE HOUSE OF REPRESENTATIVES with one remarkable 13–0 season that tended today. While Nelson and his lovely wife, Gina, with the Colonel’s second national title. Two embark on a new chapter in their life, I want Thursday, November 14, 2002 other Colonel teams were eliminated in the them to know that New Mexico is and always Mr. FLETCHER. Mr. Speaker, Eastern Ken- national semifinals and a third Colonel squad will be their home. Nelson, thank you for your tucky University head football coach Roy Kidd made it to the quaterfinal round of the I–AA service and professionalism to New Mexico. is retiring at the end of the 2002 season. Kidd, playoffs before losing.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2034 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 EKU teams coached by Kidd made seven COUNTRY upon their lips; untainted by the nights as we stand watch. It is your love and more trips to the I–AA playoffs in the 90’s with cynicism of time. trust that gives us the courage to leave our EKU securing five additional OVC crowns dur- The gallant soldier may be felled by the beloved parents, to say goodbye to our ten- enemy, but the cause for which he fights der-hearted wives, and to ask God in silent ing this 10-year span. shall never succumb. The American soldier’s prayer to watch over our children while we During the past 38 and one-half football soul is a fragrant garden, and his colors are away. seasons at Eastern Kentucky, there have never melt into the light of the moon. The Today we recall the countless graves of been two National I–AA Coach of the Year freedom for which he fights stands in glory brave Americans from the smallest islands awards, 10 OVC Coach of the Year honors, before the mightly rays of the midday sun in the great Pacific to the unforgiving shores 55 EKU All-Americans, 197 first team All-OVC and, and we call it America. of Normandy. We also remember those who players, a term as President of the American We who survive have the ultimate respon- froze to death at Valley Forge and who sibility. It is we who must make immortal Football Coaches Association, all with Roy fought upon the burning sands of the Persian the memory of those who have sacrificed all Gulf. From our nation’s birth until this very Kidd’s named stamped beside them. that they were, all that they are, and all moment, we have endured every cost and Forty-one former Colonels have gone ahead that they were promised to be. It is we who paid every price to protect, to defend and to to either sign or play in the National Football must allow no one to ever say that the sun serve our beloved nation. League. Four former Eastern Kentucky stars has set, that darkness possesses the day, and Hundreds of thousands of Americans have are still playing in the NFL, including defensive time passes, time passes and these men of given their lives in far away lands for us. Chad Bratzke of the Indianapolis Colts, offen- valor must lie alone. Many are now interred in the earth of those To honor America’s warriors is not a cele- sive tackle Tyrone Hopson of the Detroit distant lands, but their memories, their bration of military triumphs that some peo- memories, we shall never yield, for those Lions, tight end Jason Dunn of the Kansas ple falsely associate with America’s great memories are our most valued treasure. City Chiefs and wide receiver Alex Bannister victories. We are remembering. We are ex- Wherever an American soldier is buried, of the Seattle Seahawks. pressing our gratitude; the gratitude of a there also is a part of America. Roy and his wife, Sue, have three chil- grateful nation to those who have served, It is in the memory of our heroes, friends dren—Marc, Kathy, and Keith—and six grand- suffered and died. But, even more impor- and loved ones that we gather today. The children. tantly, we are saying to every man and Brazos Valley Veterans memorial is a sacred Roy Kidd is truly one of the legendary foot- woman who has served this nation that time tribute that commemorates for time imme- does not pass on, life does not go on, nothing morial the sacrifice made by America’s he- ball coaches in America and, certainly, in the is the same because of you. Your deeds and roes. It honors those men and women who history of college football. His record speaks sacrifices have altered our destiny and our will never return to bless us with their for itself and I wish him and his wife Sue, hap- lives are forever entwined with your life and, smiles, to hold their children in their arms, piness and success always. May God con- indeed with your death. and to share with their wives and husbands tinue to Bless Roy Kid and shine on Eastern The goal of history is not to separate out joys and sorrows that we take for granted. Kentucky University for many years to come. events of different dimensions at a par- Indeed, even if some forget their names, no ticular point in time, but to show their con- one must ever be allowed to forget their sac- f tinuous interaction in an evolving story. rifice. By the labor of our hands and hearts TRIBUTE TO DR. DAVID ROMEI There are those who see history as some- we have ensured that the generations that thing we paint on a canvas, while others see follow, even for a thousand years, will recall history as something we record in a book with pride our veterans’ unselfish love for HON. KEVIN BRADY and store upon an old dusty shelf. History is this light unto the world that we call Amer- OF TEXAS neither; it is as alive and as deep as the cur- ica. IN THE HOUSE OF REPRESENTATIVES rents of the vast oceans. As civilization Some say our fallen heroes hear the grass evolves so does history, and as people evolve growing over their graves and the leaves of Thursday, November 14, 2002 so do nations. autumn rustling above in the stilled heav- Mr. BRADY of Texas. Mr. Speaker, I rise Today we speak of the history of individ- ens, finally bringing the loud guns of war to uals, not nations. We speak of a fellow sol- today to recognize Dr. David Romei, a veteran silence, but those of us living will never dier, a friend, a brother wounded who know peace until we pay in full the debt we and Executive Director of the Arts Council of stretches out his hand for help, a bloodied owe them. This is the debt we honor today. Brazos Valley. Over the past two years Dr. hand that we cannot reach, for duty demands Do not look at the place where life has left Romei led the Brazos Valley community in the we fight on, we cannot pull him from death an American warrior, do not say how the creation of a Veteran’s Memorial dedicated to here, but in heaven we shall embrace him in smoke of dreams has risen. This is the way the preservation of the memory of all Brazos eternal life. one moment deserts another, and this is the Valley Veterans and as a reminder of their It is the memories of those who live, the way that the all-powerful sun suddenly memory of holding our dying buddy in our sacrifice to future generations. This week I deserts the world. Do not say this, for we arms, of embracing his tired and broken shall always remember and our sun shall was privileged to share a speaker’s platform body, of closing his eyes as the last tears never desert our world. It is our faith that with Dr. Romei at the dedication of this memo- streak his tender cheeks, because, because it keeps America’s flame of freedom alight. rial and was so moved by his words that I felt is our duty. Let me challenge each of you today. Look compelled to relay them to you. Our goal today is not to separate Amer- upon this work of art, an expression of Rob- ica’s warriors from Americans and hold them ert Eccleston’s genius. Prepare your hearts, DR. P. DAVID ROMEI’S BRAZOS VALLEY VET- up as more important than others. Every sol- open your minds and allow the better nature ERANS MEMORIAL DEDICATION CEREMONY dier knows that without a supporting nation, of your souls to rise to a new level, a new SPEECH, NOVEMBER 11, 2002 without a loving family and without an eth- level of historical purpose. Try to wrap your- Today, today upon this sacred site, blessed ical code of conduct his actions and his mis- selves in these soldiers’ experience. by all the powers of our eternal and infinite sion are worthless. Our sacred purpose is to Whose heart does not explode like a mil- Creator, we celebrate the lives and mourn demonstrate that it is only the soldier who lion stars when looking upon this beautiful the deaths of America’s heroes. is called upon to give his life to ensure free- symbol of our love and respect for America’s We see in this bronze representation not dom. We soldiers are the guardians of Amer- fighting men and women? Witness the bullet only realistic truth and imaginative power ica’s promise to the world. We show here hole in the soldier’s helmet and shudder, united that enwraps our hearts in pangs of today that the will that permits one to lay share the suffering of the wounded soldier longing and suffering, but also an emotional down his life for family and country sepa- and bleed, and behold the valor of the soldier grandeur that gives new birth to our core rates those with pure souls fueled by courage who never leaves his friend behind—then, foundation of strength and courage. from those who have yet been given such an pray to God that you would do the same. We see a soldier carrying his dying com- opportunity and privilege. Dare if you will to touch the name of a vet- rade from a field of violent horror. We feel Those of us who have put on the military eran, any veteran whose name is engraved in the warm and weakening breath of a dying uniform of our country have done so with the this Texas granite, and know that you are soldier upon the neck of his friend, the last expectation of receiving no reward. We have united with an American hero. friend he will ever have, but for a greater been privileged to serve in the defense of Never forget that when the bow of God’s friend no one could ask. We imagine his eyes freedom and liberty. There is no sense of en- wrath is bent, America’s fighting men and closing as his falling helmet fades, fades titlement; there is only a sense that we have women are the arrow that finds heartless away into the distant horizon of the un- been honored that you, those whom we serve evil and draws from it all life. We are the in- known. And, then, then his heart reaches out with honor and love, the love of our entire strument of God’s justice, and we are the to his loved ones, slowly, painfully, reluc- hearts, have entrusted us with your lives. It men and women who preserve civilization tantly, and says goodbye. Parting from those is your trust that illuminates the soul of itself. whom he loves to join the ranks of America’s every American fighting man and woman Now, as we dedicate this holy monument eternal warriors, those men and women who with pride. It is your trust that sees us and leave it to the generations that follow have died with the words DUTY, HONOR, through the long, dark, cold and lonely us, be assured that we have done our duty.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 0626 Sfmt 0634 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2035 Let it never be said that we have forgotten Texas A&M University of Galveston, Texas community leadership and strength as an up- those who have given the ultimate for our was among the first four institutions to be des- standing Floridian. Her legacy as one of South freedom. Let it be said that we have pre- ignated a Sea Grant College in 1971, and its Florida’s great innovators and great char- served their memories upon sacred ground. We shall forever toll the bells in their researchers had been involved since passage acters, who provided a unique service to the honor. We raise our flags in their memory. of the National Sea Grant College and Pro- community with humility and goodwill, serves We believe they have life eternal. May flow- gram Act in 1968. as an example for us all. ers always bloom under the shade of these As a Sea Grant College, Texas A&M Gal- Mrs. Roth is survived by her husband Bob trees. Let the sun break forth from tomor- veston provides research support for univer- and son David of Cooper City, as well as her row’s sky and send its golden rays upon all sity-level faculty throughout the state through brother Sonny Grech of Naples, sister Doris the rays of our lives and the lives of genera- a competitive grants process. Diehl of Marco Island, and father-in-law Al tions upon generations that follow in the In Texas, the Sea Grant program has con- Roth of Davie. noble American dream. Let us ask God from ducted research in hyperbaric physiology, en- f the depths of our most prayerful souls to dangered species ecology, marine aqua- welcome our heroes and to hold them in His TRIBUTE TO TERRY PHILLIPS loving arms. Let it never be said that we for- culture, coastal processes, fisheries biology got those who have given their all for our and ecosystem health. freedom—those whose courage and sacrifice As a result of these and other Sea Grant ef- HON. SCOTT McINNIS define this land we call America. forts, we have seen development of a major OF COLORADO To this we put our names. shrimp aquaculture industry in South Texas, IN THE HOUSE OF REPRESENTATIVES To this we pledge our honor. marina initiatives to adopt best management Thursday, November 14, 2002 This is the sacred bond that makes us practices and minimize water pollution, non- Americans. Mr. MCINNIS. Mr. Speaker, I would like to God Bless America. point source pollution reduction from residen- take this opportunity to pay tribute to Terry tial landscapes, improvements in seafood han- f Phillips and thank him for his contributions in dling to reduced loss in the retail markets and the Colorado General Assembly. His hard NATIONAL SEA GRANT COLLEGE expanding marine educational opportunities in work and dedication is appreciated, and I am PROGRAM ACT AMENDMENTS OF support of the state’s, and nation’s, teachers honored to pay tribute to him today in front of 2002 and students. this body of Congress. As he moves on in his I urge my colleagues to support this legisla- career, let it be known that I, along with peo- SPEECH OF tion. ple of Colorado, am grateful for the work he HON. GENE GREEN f has done for the Colorado General Assembly. OF TEXAS HONORING MRS. TERRY ROTH Terry Philips is finishing his second term in IN THE HOUSE OF REPRESENTATIVES the Colorado State Senate, as the representative from Boulder County, Colorado’s 17th Dis- Tuesday, November 12, 2002 HON. PETER DEUTSCH trict. During his tenure in the Senate, Terry OF FLORIDA Mr. GREEN of Texas. Mr. Speaker, today I has served on a number of committees, in- IN THE HOUSE OF REPRESENTATIVES rise in support of H.R. 3389, the National Sea cluding Agriculture, Natural Resources and Grant College Program Act of 2002. This im- Thursday, November 14, 2002 Energy; Appropriations; Business Affairs, portant legislation reauthorizes the sea grant Mr. DEUTSCH. Mr. Speaker, I rise today to Labor & Finance; Legislative Council; and program in Texas and its counterparts around honor the life of Mrs. Terry Roth, a great Flo- Capital Development, where he served as the country to continue the important work ridian, a noted businesswoman and an award- Vice-Chair. In addition, he serves on the Colo- being done in coastal, ocean and lake re- winning baker. Born originally in New York, rado Student Loan Program Advisory Com- sources. she moved to South Florida as a child and mittee, the Advisory Commission on Intergov- When Congress passed the Sea Grant Col- soon after graduated from Madonna High ernmental Relations, and the Executive Com- lege Program Act of 1966, it intended to apply School in Hollywood. She met her husband, mittee of the Council of State Governments the successful attributes of the Land Grant Mr. Bob Roth, at a high school dance in the West, where he is on the Water Policy Com- College Program to coastal and marine old Miami Armory and the two married in mittee. issues. Today, the National Sea Grant Pro- 1967, settling down to raise a family shortly Not only has Terry served the community as gram represents the bridge between govern- thereafter. a member of the Colorado General Assembly, ment, academia, industry, scientists and pri- After their wedding, Mrs. Roth and her hus- he is an active humanitarian. He is a member vate citizens to help Americans understand band founded New River Groves, a citrus mar- of the Louisville Lions Club, a past President and maintain the oceans and Great Lakes for ket located in Davie. The market remains of the Louisville Jaycees and a member of the long-term economic growth. open today and attracts thousands of cus- Louisville Chamber of Commerce. He is a cer- Sea Grant also serves as a bond uniting tomers every year. Disappointed and dissatis- tified general appraiser; licensed in Colorado, more than 350 participating institutions in 35 fied with local offerings and variations of the with over 600 hours of course work on mass states, U.S. territories and the District of Co- popular Key Lime Pie, Mrs. Roth began to appraisal of property. Perhaps most important lumbia and millions of people. In short, Sea prepare her own no-bake Key Lime Pie. Need- to recognize, Terry is married to his wife Sally. Grant is an agent for scientific discovery, tech- less to say, her latest version of the South Mr. Speaker, it is clear that Terry Phillips nology transfer, economic growth and public Florida dessert staple was a huge hit. Baking has served his state by providing his service education as they involve coastal, ocean and her highly-regarded pies in her own kitchen and time during his tenure in the Colorado Great Lakes resources. soon proved to be too monumental of a task, General Assembly. I am honored to bring his Every day, Sea Grant scientists make and soon thereafter her popularity led to an hard work and dedication to the attention of progress on the important marine issues of expansion of New River Groves to accommo- this body of Congress. Thank you Terry, and our time. A network of outreach professionals date the increased demand of over 30,000 good luck in your future endeavors. takes this information out of the laboratory and pies a year. As Mrs. Roth’s fame grew, her f into the field, working to enhance a coastal pies attracted a national following, including HONORING LOUNE VIAUD business, a fishery, or residents’ safety and notables such as Senator Hillary Rodham quality of life. Clinton, Nick Nolte, and Robert DeNiro. Mr. HON. BARBARA LEE A dedicated corps of communication spe- DeNiro and Mr. Nolte first sampled Mrs. cialists builds public understanding of these OF CALIFORNIA Roth’s pies with Jessica Lange when the IN THE HOUSE OF REPRESENTATIVES issues for informed decision-making. Sea Roth’s store was featured in the movie Cape Grant educators bring the discoveries into the Fear. Thursday, November 14, 2002 nation’s schools, using them to pioneer better In addition to her success as a baker and Mr. LEE. Mr. Speaker, I rise today to pay ways of teaching, helping to create a new entrepreneur, Mrs. Roth was truly dedicated to tribute to Ms. Loune Viaud, the 2002 recipient generation of scientifically literate Americans. her family, and was described by all as com- of the Robert F. Kennedy, Jr. Humanitarian Through these research, education and out- passionate and loving. Her battle with cancer Award. reach activities, Sea Grant has helped position began five years ago and was characterized The Robert F. Kennedy Human Rights the United States as the world leader in ma- by a positive spirit. Award was established in 1984 to honor cre- rine research and the sustainable develop- Mr. Speaker, it is a truly special occasion for ative individuals who are often at great per- ment of coastal resources. me to honor Mrs. Terry Roth, who embodied sonal risk, engaged in strategic and nonviolent

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2036 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 efforts to overcome serious human rights vio- ment has stated that it would develop other and I thank him for his selfless contribution to lations. health facilities, following Zanmi Lasante’s this nation and its people. Loune Viaud is well deserving of this award model, in other parts of the country if it had f because she has demonstrated leadership by the resources. I, along with other members of expanding the delivery of health and social the CBC agree that the Haitian government INTRODUCTION OF THE IMMIGRA- services to indigent Haitians suffering from should receive the funding already promised TION BOND FAIRNESS ACT OF HIV/AIDS and other debilitating diseases. She from the IDB Bank in 1996 for humanitarian 2002 is a champion of Haiti’s poor. assistance. In every sense, the disbursement We all know that Haiti is one of the most im- of these loans can mean the difference be- HON. CARRIE P. MEEK poverished nations in the Western Hemi- tween life and death. OF FLORIDA sphere. With over 300,000 people infected I want to assure Loune and her partners in IN THE HOUSE OF REPRESENTATIVES with HIV/AIDS out of its small population of 8 Haiti that their work does not go unrecognized. Thursday, November 14, 2002 million, Haiti is in a crisis. Haiti is also facing I stand with you in this effort. As African-Amer- a devastating AIDS orphan crisis with more icans and as a members of the Congressional Mrs. MEEK of Florida. Mr. Speaker, today, than 163,000 children whose parents have Black Caucas’ Haiti Task Force, we have rec- I am introducing the Immigration Bond Fair- died from AIDS complications. It is appalling ognized the urgency in Haiti. Together, we ness Act of 2002, a bill to amend the Immigra- that only one in every ten thousand Haitians have worked to introduce legislation that tion and Nationality Act to provide for judicial has access to a physician, and tuberculosis would decouple the humanitarian crisis in Haiti review of detention and release determina- remains one of the major causes of adult mor- from the political impasse, which has further tions, and to provide a right to a bond hearing tality. In fact, cases of tuberculosis and multi- impeded Haiti’s development since the 2000 before an immigration judge to all aliens in re- drug resistant tuberculosis in Haiti are more elections. The resolutions was designed en- moval and summary removal proceedings. than ten times as high as those in other Latin sure that financial assistance from the inter- This bill would end the INS practice of in- American countries. national financial institutions can be disbursed definite detention of Haitians, even those I want to praise Loune for rising to the chal- to Haiti. You have my assurance that this work seeking asylum, a racially discriminatory prac- lenge and for her significant work in Haiti. Her will continue. We must make it our mission to tice designed to send Haitian asylum seekers contributions are critical to the welfare of Haiti, advance the development of a stronger and back home, regardless of the risk of persecu- as well as the welfare of our global commu- more meaningful partnership between the tion. It would ensure that every person in re- nity. Upon learning she had been selected as United States and Haiti. moval or summary removal proceedings would the Robert F. Kennedy award recipient, Loune In closing, I want to commend Loune Viaud have a right to have custody, detention, and Viaud stated, ‘‘For the Robert F. Kennedy Me- for her work in Haiti. She is helping to build a release determinations affecting them re- morial to choose me, a humble foot soldier in strong foundation for the future development viewed by an Immigration Judge. the struggle for health and human rights, as of Haiti. We must recognize the distress Haiti Passing this bill would significantly improve the recipient of this prestigious award means is in however, we must also look forward with the chance that asylum seekers will receive more than I can say. For I am a Haitian, and hope. It is my honor to work with you and I the legal help they need to present their best the majority of Haitian people have always look forward to our collective efforts to build a case for relief. It also would temper the prob- stood for equality. From 1791, when we fought better relationship between the United States lems that invariably arise when an agency is against slavery to become the world’s first and Haiti. Loune, you are role model who is given complete, unreviewable discretion to independent republic born of a slave revolt, demonstrating today what can be possible to- make detention and release determinations. until 1990, when we again declared as a peo- morrow and into the future if we commit our- Mr. Speaker, under this bill, everyone in re- ple our belief in social and economic rights as selves to a better brighter future for Haiti. moval or summary removal proceedings also a human rights platform, the Haitians have f would have the right to have an Immigration struggled against long odds. Two hundred Judge, not an INS officer, decide whether it is HONORING RYAN C. LEWIS years of struggle, much of it in isolation even appropriate to release them into the commu- from those who profess a belief in human nity on bond while their asylum claim is pend- rights. Thank you for reminding us that we are HON. KEN BENTSEN ing. None of us know what impact, if any, a ju- never, in fact, really alone.’’ OF TEXAS dicial decision on bond claims will have on the Loune maintains a clinic situated on the IN THE HOUSE OF REPRESENTATIVES frequency of release of asylum seekers into Central Plateau in rural Haiti. She offers free Thursday, November 14, 2002 the community. Yet, surely, every person in health care to the hundreds of thousands of Mr. BENTSEN. Mr. Speaker, I rise to recog- detention deserves their day in court to make people living in the region. Last year alone nize one of my constituents, Ryan C. Lewis, a case for release into the community on 56,000 people came to the clinic for medical who has demonstrated remarkable patriotism bond. That’s just basic fairness. help. In 2002 more than 100,000 people will and immense love for the United States of Why should someone like Ernest Moise, be treated there. America. Because of his desire to serve his who fled death threats in Haiti, and his teen- The clinic, Zanmi Lasante, addresses the fellow countrymen, Ryan joined the United age sons, remain locked up by the Miami INS overall needs of the community surrounding it. States Army. He has composed a poem to ar- office in March 2002, even though an Immi- It has special clinics for HIV/AIDS and tuber- ticulate his feelings, and this written expres- gration Judge had granted him political asylum culosis, a clinic for women (Proje Sante sion, which Ryan has so graciously shared, is on February 22? Fanm), a special center for children and an a reflection of his heartfelt pride for our coun- Mr. Speaker, historically, the INS practice operating theatre. The complex also develops try. I feel that it is important to share this with was to release Haitian asylum seekers arriving educational projects on HIV/AIDS sanitation my colleagues, as it is an inspiration to all in Miami into the community while their asylum and human rights. those who hear it. claims were pending once they passed their Although the clinic is built in an under- interviews demonstrating a credible fear of You asked me to show my patriotism developed region, Zanmi Lasante’s treatment I think I already have, by flying the flag persecution. Yet, in December 2001, after 187 program is proof that diseases that are difficult In my room, by saying the pledge everyday Haitians were brought to shore in Miami for to treat can be addressed in rural areas. The And when my eyes get watery and safety reasons from a Haitian boat that the clinic, however, does not stop there. It’s pro- The hair on my neck stands up when I hear Coast Guard intercepted at sea, the INS, ap- gram treats the patients and empowers them the parently at the behest of the White House, se- to understand their rights. In 2001, Viaud was National Anthem. I’ve shown you by joining cretly directed the Miami District INS office to instrumental in developing a patient’s Bill of The Army just to serve my country. detain Haitians even if they raised a credible Rights with a group of 60 HIV-positive pa- It runs in the family, this patriotism in my fear of persecution if they are returned to heart, tients. The patients view their health care as This never ending pride, respect, honor, and Haiti. a basic human right, not charity. love It was only in March of this year when Viaud’s work attacks the symptoms of a I have for my country, this sweet land of lib- Miami immigration lawyers went to Federal greater and more persistent human rights vio- erty. court to challenge the INS’s racially discrimi- lation, namely the right to healthcare. Article You know for you are my sister and you are natory policies against Haitians that the INS 19 of the Haitian Constitution states that the my brother. reluctantly acknowledged that the Miami INS Government of Haiti is obliged to provide Mr. Speaker, Ryan’s dedication to his coun- office had adopted a policy of indefinite deten- basic health care to its citizens. The Govern- try is an example for all Americans to follow, tion of all Haitians then or thereafter in INS

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2037 custody, even Haitians with credible asylum in area history. The fire began in a ditch be- Across the vast desert I met the enemy. claims. According to the Miami Herald, the side Missionary Ridge Road just 15 miles I met him on island after island. President’s brother, Florida Governor Jeb northeast of Durango and grew to consume I kept my promise to return. I met him on the beaches of Normandy. Bush, says that he was told about this change more than 70,000 acres, 56 residences, and I repelled him from the gates of Bastogne. in policy immediately after it came into effect 27 outbuildings. I freed thousands from the shadow of death. in December 2001. Yet Governor Bush didn’t Although the Missionary Ridge fire was a I am a veteran. tell the people that he knew of this policy devastating reminder of how destructive forest A small nation cried out for help change until ten days ago! fires can be, it also served to remind us of the And I came because others had been there for Two weeks ago, after 211 Haitians arrived men and women who risk their lives to protect me. at Key Biscayne by boat, I asked Governor their fellow citizens on a daily basis. The Fort A nation was saved. Bush to contact the President to ensure that Lewis Mesa Fire Protection District has served I felt the agony of defeat in the jungles of a these Haitians receive fair treatment, including its citizens and community since 1982 and distant land. fair consideration of their claims for asylum. oversees a 250 square mile region. The dis- BUt I held my head high While the Governor refused my request to trict relies upon a personnel of 28 volunteer When another people cried out, I again put on my uniform to save them from contact the President, he said that he shared EMT’s and firefighters to remain on call, pre- tyranny. my belief that Haitians should be treated the pared to fight fires or provide medical assist- Today I remain ready to pledge my life, same as all other asylum seekers. Just last ance on a moment’s notice. My property, my sacred honor, week at his most recent press conference, the Mr. Speaker, it is with sincere admiration Until there will be peace and freedom on President himself said that procedures were that I recognize the Fort Lewis Mesa Fire Pro- earth being developed to ensure that Haitians were tection District of Marvel, Colorado before this For everyone, everywhere. treated as all others except Cubans. body of Congress and this nation. I want to I am a veteran. Apparently, what the President was referring commend the Chief and all of the Fire Dis- f to was a directive from the INS Commissioner trict’s fire fighters for their determination, cour- announced late last Friday mandating that all age, and resolve during last summer’s efforts THANKING MR. HENRY (BUD) COL- persons arriving illegally by sea will be placed on Missionary Ridge. Without the help of the LINS FOR HIS SERVICE TO THE in expedited removal proceedings, and during Fort Lewis Mesa Fire Protection District and HOUSE their legal process will remain in detention un- others, the added devastation to our commu- less released for humanitarian reasons at the nity, environment, and quality of life would HON. ROBERT W. NEY discretion of the INS. What a cruel hoax. The have been unimaginable. Their tireless com- OF OHIO Administration’s idea of fairness for Haitians is mitment throughout the fire season has served IN THE HOUSE OF REPRESENTATIVES simply expedited removal, coupled with indefi- as an inspiration to us all and it is an honor Thursday, November 14, 2002 nite detention! to represent such an outstanding group of In short, the policy is that Haitians who Americans in this Congress. Mr. NEY. Mr. Speaker, on the occasion of come to this country seeking asylum are being f his retirement at the end of this year, we rise indefinitely detained by the Bush Administra- to thank Mr. Henry (Bud) Collins for his out- tion, even when they demonstrate a credible THE POEM ‘‘I AM A VETERAN’’ standing service to the U.S. House of Rep- fear of persecution if they are returned to resentatives over the past 27 years. Haiti. This policy is unfair. It’s discriminatory. HON. STEVE ISRAEL Over the years, Bud has made significant It’s immoral. While the Administration denies OF NEW YORK improvements to the Voice and Data Network that there is any racial element to this policy, IN THE HOUSE OF REPRESENTATIVES programs of the U.S. House of Representa- the facts are that no group of asylum seekers tives. He began his career with the House on Thursday, November 14, 2002 other than the Haitians is treated this way. December 10, 1973, and has served this great Mr. Speaker, we can do better than this. We Mr. ISRAEL. Mr. Speaker, I rise to share institution in numerous capacities, most nota- must do better than this. Let’s give every asy- with you the words of Rabbi Paul Swerdlow, bly in House Information Resources (HIR) lum seeker their day in court and allow an Im- one of my constituents. Rabbi Swerdlow’s Communications positions within the Chief Ad- migration Judge to decide whether an asylum poem ‘‘I Am a Veteran’’ conveys his love for ministrative Officer. During the past three seeker’s release into the community on bond his country. I am most grateful for his dedi- years, Bud has served as the Communications is warranted. I urge all my colleagues to sup- cated service to securing our freedom. Infrastructure Team Leader. In this position, port the Immigration Bond Fairness Act of I AMAVETERAN he has directed voice and data wiring installa- 2002. I am a veteran. tions to every entity of the House, Architect of the Capitol, and Congressional Budget Office. f I shivered that cold winter in Valley Forge And rejoiced at the glorious surrender at Bud’s breadth of knowledge of the wiring TRIBUTE TO FORT LEWIS MESA standards and the House building construction FIRE PROTECTION DISTRICT Yorktown. I wept at the flames that engulfed Wash- has enabled rapid, effective wiring installa- ington tions. These installations were fundamental in HON. SCOTT McINNIS And said ‘‘never again.’’ improving the information flow for Member and OF COLORADO I wore blue and bled red. Committee operations. I wore gray and bled red. IN THE HOUSE OF REPRESENTATIVES On behalf of the entire House community, The blood I spilled was to reunite a nation we extend congratulations to Bud for his many Thursday, November 14, 2002 Of the people, by the people and for the peo- years of dedication, and his outstanding con- Mr. McINNIS. Mr. Speaker, it is with great ple I am a veteran. tributions to the communications and wiring in- pride that I rise today to recognize the Fort frastructure installations for the House. We Lewis Mesa Fire Protection District of Marvel, I was at Little Big Horn and I prayed; I was at Wounded Knee and I prayed; wish Bud and his wife Harriet many wonderful Colorado for their service and dedication dur- I prayed that one day the old Americans years in fulfilling their retirement dreams. ing one of Colorado’s most formidable fire And the new Americans would be one people. f seasons. Last summer, the Fire Protection I was there to charge up the hill at San District played an integral role in containing Juan; IN MEMORY OF CHANG-LIN TIEN the Missionary Ridge forest fire that burned Knowing that my country was emerging over 70,000 acres in Southwestern Colorado. Beyond its borders. HON. BARBARA LEE I was prepared to make the world safe for de- Today, I would like to pay tribute to their he- OF CALIFORNIA roic efforts before this body of Congress and mocracy. Young and idealistic, I came to France IN THE HOUSE OF REPRESENTATIVES this nation. To turn back the hordes in this war to end Thursday, November 14, 2002 When the Missionary Ridge fire first erupted all wars. last June, the citizens of Durango, Bayfield I am a veteran. Ms. LEE. Mr. Speaker, I rise today to honor and the surrounding communities called upon It was with disbelief that I became Chang-Lin Tien for his lifetime of distinguished the Fort Lewis Mesa Fire Protection District to A part of the day which will live in infamy. public service. He was a tireless community protect their loved ones, homes, and commu- Once more I said goodbye to those I loved activist and educational leader for more than nities from what would become the worst fire To protect my country. 40 years. As Chancellor of the University of

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2038 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 California, Berkeley, from 1990–97, Tien was another bus ride for a whole year. I would amend the Cuban Adjustment Act of 1966 to an outspoken supporter of equal opportunity in walk an hour to avoid that.’’ include Haitians as well. higher education and preserved the campus’s In addition to successfully battling years of My bill, the Haitian Immigrant Equitable Ad- preeminence despite a prolonged State-wide devastating state budget cuts on campus, Tien justment Act of 2002, will provide the exact budget crisis. He died Tuesday, October 29th developed ways to counter the impact of the same legal rights to Haitian immigrants that at Kaiser Permanente hospital in Redwood UC Regents’ ban on affirmative action. In Cuban immigrants have enjoyed for almost 40 City, California. 1995, for example, he launched the Berkeley years. Tien was born on July 24, 1935, in Wuhan, Pledge which was a partnership between UC China, and educated in Shanghai and Taiwan. Berkeley and California’s K–12 public schools Under my bill, the legal rights of Cuban im- With his family, he fled China’s Communist re- that now is called School/University Partner- migrants would continue unchanged. But Hai- gime for Taiwan in 1949. After completing his ships. Designed to improve the academic per- tian immigrants would finally have the same undergraduate education at National Taiwan formance of hundreds of students in the rights as Cubans, under the law. University, Tien arrived penniless in the United Berkeley, Oakland, West Contra Costa and Like the Cuban Adjustment Act, my bill States in 1956 to study at the University of San Francisco unified school districts, the pro- would allow Haitians who have been phys- Louisville. Supported by scholarships, he gram was a model for Education Secretary ically present in the United States for at least earned his master’s degree there in 1957 and Riley in creating a national program that today one year to adjust to permanent residence then a second master’s degree and his PhD in is active in almost every state in America. status at the discretion of the Attorney Gen- mechanical engineering at Princeton Univer- As chancellor, Tien was beloved as a cham- eral. Like Cubans, Haitians would have to be sity in 1959. pion of students. He was famous for his fre- eligible to receive an immigrant visa and be He joined the UC Berkeley faculty in 1959 quent strolls to Sproul Plaza to greet students, admissible into the United States as a perma- as an Assistant Professor of mechanical engi- bringing cookies to those studying late in the nent resident. Also as in the case of Cubans, neering. In 1962, when he was 26 years old, library, and yelling a heartfelt ‘‘Go, Bears!’’ at spouses and children of the Haitians applying Tien became the youngest professor to re- events. If he returned to UC Berkeley at night for this adjustment are also covered. ceive UC Berkeley’s Distinguished Teaching after a long trip, he’d frequently visit the cam- Award, an award for which he was enduringly Because there was no cut-off date or nu- pus to check in with students working in his merical limits for Cubans covered under the proud. Rising through the ranks, he became a lab before heading home. full professor in 1968, later served as chair for Cuban Adjustment Act, there would be no cut- Tien raised the profile of women in leader- seven years of the Department of Mechanical off dates or numerical limitations for Haitians ship at UC Berkeley by appointing the first Engineering and, for two years, 1983 through under my legislation. woman Vice Chancellor and Provost—the sec- 1985, was UC Berkeley’s vice chancellor for Since the Cuban Adjustment Act became ond-in-command on campus—and the first research. In 1988, Tien left UC Berkeley—for law, the Attorney General has used his discre- woman Chief of the Campus Police Depart- his first and only time—when he was ap- tion to allow over 600,000 Cubans to become ment. He also brought more ethnic diversity to pointed executive vice chancellor at UC Irvine. permanent, lawful residents of the United the leadership of the university administration. He returned to UC Berkeley as chancellor in States—making it possible for them to eventu- 1990. During his career, Tien’s many honors in- ally become U.S. citizens. During that period, One of the most popular and respected cluded, in 1976, becoming one of the young- over 400,000 Haitians have come to the leaders in American higher education and an est members of the National Academy of En- United States, but over half were returned to engineering scholar of international renown, gineering, which awarded its highest honor to Haiti. Under my bill, these Haitians, like the Tien spend nearly his entire professional ca- him, the NAE Founders Award, in September Cubans, would be allowed to remain in this reer at UC Berkeley. He was the campus’s 2001. The award recognizes academy mem- country. seventh chancellor and the first Asian Amer- bers who have made lifelong contributions to ican to head a major research university in the engineering and whose accomplishments have What made the Cuban Adjustment Act pro- United States. benefitted U.S. citizens. visions take effect was the U.S. Attorney Gen- Both in the United States and overseas, Tien held 12 honorary doctorates, including eral’s willingness to use existing authority to Tien’s expertise—in thermal science and engi- degrees from universities in China, Hong Kong allow Cubans to legally enter the country. neering, as an educator and humanitarian— and Canada. One unique honor was when the Once they entered legally, the law took its was called upon by engineers, scholars and Zi Jin Mountain Observatory in China named course. I call upon the Bush administrations— government officials alike. In the field of ther- a newly discovered asteroid ‘‘Tienchanglin.’’ both in Tallahassee and in Washington—to mal sciences, he was a visionary. Thermal ra- Also bearing his name is one of the world’s treat Haitians exactly the same way that Cu- diation, thermal insulation and, most recently, largest oil tankers—Chevron Corp.’s M/T bans are treated. microsale thermal phenomena were among Chang-Lin Tien. I have long sought to insure fairness for the fields carved out by Tien. He also made He authored more than 300 research journal Haitians. In 1997, I introduced H.R. 3033, the important contributions to fluid flow, phase- and monograph articles, 16 edited volumes Haitian Refugee Immigration Fairness Act. change energy transfer, heat pipes, reactor and one book. The provisions of my bill became law in 1998. safety, cryogenics and fire phenomena. In Chancellor Tien was a friend and supporter. It allowed Haitians who were in the country at Japan, his basic formulas for ‘‘superinsulation’’ I vividly remember many meetings with Chan- the end of 1995 and who were paroled into are used in the design of magnetic levitation cellor Tien and being in awe of his intellect. the country, filed for asylum, or who were or- trains. Both the United States and Hong Kong Yet, his passion and compassion for students phaned children to receive green cards. governments called upon Tien for technical and the University of California permeated his I have also fought against the Bush admin- advice. He helped solve problems with the existence. He was a unique individual, a true istration’s policy of indefinitely imprisoning Hai- Space Shuttle’s insulating tiles and with the leader who led from his head to his heart. tians who demonstrate a credible fear of per- nuclear reactor meltdown at Three Mile Island I take great pride in joining Chancellor secution. This policy is, by any standard, un- in the late 1970s. Tien’s wife, children, grandchildren, and col- fair and discriminatory. A man of great personal integrity and a leagues to salute the extraordinary Chang-Lin No other group of asylum seekers are treat- fighter for justice and equal opportunity, Tien Tien. said his values and ideals were shaped, in ed this way. Non-Haitians are routinely re- part, by the racism and discrimination he en- f leased into their communities shortly following countered in America. To explain his support their initial asylum interviews and remain free HAITIAN IMMIGRANT EQUITABLE throughout the adjudication process to meet for affirmative action as a tool to level the ADJUSTMENT ACT OF 2002 playing field in college admissions, he often with their counsels and prepare their strongest told the story, as a new immigrant, he con- petitions. fronted a South still divided along color lines. HON. CARRIE P. MEEK There is no other group of asylum seekers ‘‘One day I got on a bus and saw that all OF FLORIDA to whom a blanket indefinite detention policy is the black people were in the back, the white IN THE HOUSE OF REPRESENTATIVES applied. The Haitian people are the ones who people in front. I didn’t know where I be- suffer, and I will continue to do everything I Thursday, November 14, 2002 longed, so for a long time I stood near the can to end the unfair, unequal and discrimina- driver,’’ Tien would recall. ‘‘Finally, he told me Mrs. MEEK of Florida. Mr. Speaker, I am tory treatment they suffer at the hands of this to sit down in the front, and I did. I didn’t take today introducing a bill in Congress which will administration.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2039 HONORING ARTEMAS WARD fires can be, it also served to remind us of the CHRISTIAN DIOR’S ‘‘ADDICT’’ CAM- men and women who risk their lives to protect PAIGN MARKETS ADDICTION TO HON. JAMES P. McGOVERN their fellow citizens on a daily basis. The Los YOUNG PEOPLE OF MASSACHUSETTS Pinos Fire Protection District has served the IN THE HOUSE OF REPRESENTATIVES citizens of Colorado since 1985 and oversees HON. JIM RAMSTAD Thursday, November 14, 2002 a 217 square mile region. The district relies OF MINNESOTA Mr. MCGOVERN. Mr. Speaker, I rise today upon its five member staff and 10 volunteers IN THE HOUSE OF REPRESENTATIVES to pay tribute to Artemas Ward, a true Amer- to remain on call, prepared to fight fires or Thursday, November 14, 2002 ican hero. Mr. Ward was a resident of Shrews- provide medical assistance on a moment’s no- Mr. RAMSTAD. Mr. Speaker, I am ex- bury, Massachusetts during the colonial era. tice. tremely dismayed by the continued public si- The Shrewsbury 275 Committee and the Mr. Speaker, it is with sincere admiration lence by fashion design house Christian Dior Shrewsbury Historical Society are honoring his that I recognize the Los Pinos Fire Protection to repeated requests from outraged citizens 275th birthday on November 26, 2002. District before this body of Congress and this asking Dior to stop marketing addiction to our As my colleagues are aware, Mr. Ward was young people. the first Commander-in-Chief of the Conti- nation. I want to commend all of the Fire Dis- trict’s fire fighters for their determination, cour- As a grateful recovering alcoholic, I believe nental Army before George Washington was it is vitally important for us to condemn the age, and resolve during last summer’s efforts named to that post. Before leading the Conti- glamorizing of addition for profit by Christian nental Army, Mr. Ward was a colonel in the on Missionary Ridge. Without the help of the Dior. militia during the French and Indian War. Dur- Los Pinos Fire Protection District and others, The Dior ad campaign for its new ‘‘Addict’’ ing that war, Mr. Ward was recognized for his the added devastation to our community, envi- line of fragrance, lipstick and nail polish shows superior administrative skills. Like so many ronment, and quality of life would have been a complete disregard for the millions of people people in Massachusetts, Mr. Ward was an ar- unimaginable. Their tireless commitment who suffer from the disease of addiction and dent anti-loyalist and was named Commander- throughout the summer’s fire season has their families. in-Chief of the Massachusetts forces. In time, served as an inspiration to us all and it is an Mr. Speaker, Dior’s massive new ad cam- Mr. Ward became the highest-ranking major honor to represent such an outstanding group paign is the ultimate in corporate irrespon- general in the 13 colonies. Following his retire- of Americans in this Congress. sibility. Dior’s abuses trivialize America’s No. 1 ment from the Continental Army in 1777, Mr. public health problem—alcohol and other drug Ward went on to play a prominent roll in Mas- f addiction. sachusetts and American politics. The Dior ads portray addiction as ‘‘bold, Mr. Ward was a graduate of Harvard Col- RECOGNIZING NICHOLAS ROYCE daring and totally sexy.’’ Young women tar- lege. After he passed away, Mr. Ward’s estate geted by this ad campaign are told ‘‘every day was known as the Ward Homestead and the a new temptation.’’ Ad copy urges them to town of Shrewsbury administered it. However, HON. DIANE E. WATSON ‘‘follow your cravings.’’ Harvard University now operates the Ward Dior’s outrageous and irresponsible ads Homestead and it is known as the Ward Mu- OF CALIFORNIA claim that becoming an addict is hip, daring seum. IN THE HOUSE OF REPRESENTATIVES and sensual. Dior needs to hear there’s noth- Mr. Speaker, I am confident that the entire ing hip about the disease of addiction—a dis- U.S. House of Representatives joins me in ex- Thursday, November 14, 2002 ease that killed 150,000 Americans last year. tending a birthday wish to Artemas Ward and Mr. Speaker, there’s nothing hip about a the Town of Shrewsbury. Moreover, I ask that Ms. WATSON of California. Mr. Speaker, I disease that afflicts 26 million Americans, in- my colleagues join me in thanking Mr. Ward wish to acknowledge Mr. Nicholas Royce, a cluding 2.1 million teens. In Minnesota alone, for his bravery, patriotism, and commitment to dedicated American and Southern Californian, more than 18,000 young people ages 14 to 17 the ideals of the American Revolution. who has spent more than fifty years as an ad- are in need of treatment for their addiction. f vocate for the Eastern Orthodox religion and The visuals of the ‘‘Addict’’ campaign are TRIBUTE TO LOS PINOS FIRE its inclusion as an integral part of American re- shameful. One example from the internet site PROTECTION DEPARTMENT ligious life. is something called the ‘‘Addict Film.’’ The music is hypnotic. The visuals pulsate with jar- Mr. Royce’s first experience with religious ring quick cuts. A model, clad only in skimpy HON. SCOTT McINNIS discrimination was when he entered the underwear and sweat, brushes her hair back OF COLORADO Armed Forces and found the service had lim- as she leans forward. She’s wide-eyed and IN THE HOUSE OF REPRESENTATIVES ited religious choices—Protestant, Catholic anxious. Thursday, November 14, 2002 and Jewish. Through Mr. Royce’s encourage- Her finger dips into something on a shiny Mr. MCINNIS. Mr. Speaker, it is with great ment and a prolific letter writing campaign, mirror-like surface. She brings her finger up pride that I rise today to recognize the Los U.S. Senator Leverett Saltonstall introduced beside her nose. Later she grabs a blue bottle Pinos Fire Protection Department for their and had passed legislation in 1955 which rec- out of the air and settles down with half-closed service and dedication during one of Colo- ognized the more than 500,000 Orthodox eyes and an open mouth. Under the music a rado’s most formidable fire seasons. Last Catholics who had fought and died in uniform. seductive voice whispers, ‘‘addict, addict, ad- summer, the Fire Protection Department Today, service men and women are able to dict.’’ played an integral role in containing the Mis- wear name tags designating Eastern Ortho- The ad asks, ‘‘Will you admit it?’’ sionary Ridge forest fire that burned over doxy and they have access to Orthodox chap- Mr. Speaker, Dior is part of LVMH (Louis 70,000 acres in Southwestern Colorado. lains. In addition, thirty-three states now rec- Vuitton Moet Hennessy), a Fortune 500 company based in France. LVMH talks about cor- Today, I would like to pay tribute to their he- ognize Eastern Orthodoxy as a major religion. roic efforts before this body of Congress and porate responsibility. Company documents say this nation. Having retired from a successful show busi- the principles of protection, prudence and care When the Missionary Ridge fire first erupted ness career that began at the age of 14 as a must be applied if the company is to ‘‘rec- last June, the citizens of Durango, Bayfield dancer, Mr. Royce has devoted his time to oncile economic development with the overall and the surrounding communities called upon fighting for AIDS victims, the homeless and well-being of humanity.’’ the Los Pinos Fire Protection District to protect abused women and children. Breaking down But their own annual report says the ‘‘Ad- their loved ones, homes, and communities gender barriers, Mr. Royce has been an active dict’’ marketing visuals are ‘‘the perfect illustra- from what would become the worst fire in area member of the Hollywood Women’s Press tion of the possible connotations of the word history. The fire began in a ditch beside Mis- Club. Women in Film and American Women in ‘addict.’ ’’ sionary Ridge Road just 15 miles northeast of Radio and Television. Mr. Speaker, they obviously don’t tell the Durango and grew to consume more than real truth of addiction. This ad campaign 70,000 acres, 56 residences, and 27 out- I am pleased to be able to recognize the ac- shows callous disregard for parents who have buildings. complishments of Mr. Nicholas Royce on the lost a child to addiction. It trivializes a critical Although the Missionary Ridge fire was a occasion of his birthday and wish him many public health issue and cheapens the hard devastating reminder of how destructive forest more years of successful activism. work of recovery from addiction.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2040 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 Magazines like Rolling Stone, Elle and assistance, meal preparation, home repairs ment, and quality of life would have been un- Glamour carry these ads. People around the and yard work. They also provide an important imaginable. Their tireless commitment country are getting samples in the mail. These emotional support system through a respite throughout the summer’s fire season has ads are appearing in newspapers that are in program for full-time family caregivers, social- served as an inspiration to us all and it is an the homes of families, families with children. ization visits, and ongoing communication with honor to represent such an outstanding group Faced with a multi-million dollar ad campaign the participants. of Americans in this Congress. that glamorizes addiction, how can parents The work of the Interfaith Volunteer Care- f teach their children it is not cool to try drugs? givers has touched the lives of more than 850 HONORING JEAN WORTHAM Mr. Speaker, we need a tremendous public residents in the last ten years and has been outcry against Dior’s campaign to glamorize made possible through the work of hundreds the disease of addiction—the same public out- of volunteers, eighty local businesses and sev- HON. KEN BENTSEN cry that would result if Dior tried to glamorize enty local congregations. OF TEXAS other deadly diseases like cancer or AIDS. Mr. Speaker, I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES We need to put public pressure on Dior to in commending the passion and hard work of Thursday, November 14, 2002 pull the ‘‘Addict’’ campaign and rename the all of the individuals involved with the Macomb Mr. BENTSEN. Mr. Speaker, I rise to pay product. County Interfaith Caregivers. It has been my tribute to Jean Wortham, who was recently We need to let Dior know their ‘‘Addict’’ pleasure to work with them and to see first honored for her commitment to public service campaign shows careless disregard for fami- hand the value of their efforts. They have im- and her continuous efforts to better the com- lies who have lost a child to addiction. proved the lives of the elderly and strength- munities of Harris County. Jean Wortham has Dior needs to know they are doing great ened the fabric of their community. been a community activist for well over 40 harm to parents trying to each their children f years, and her dedication and enthusiasm not to use drugs or alcohol. have energized both the Democratic party and Dior needs to know they are doing a tre- TRIBUTE TO DURANGO FIRE & the people of Harris County. For this reason, mendous disservice to people in recovery. RESCUE AUTHORITY she has been recognized at a special event Dior’s marketing campaign is a slap in the entitled ‘‘Salute to Jean Wortham,’’ and I be- face of each and every brave young person in HON. SCOTT McINNIS lieve that this distinction could not be be- recovery. OF COLORADO stowed on a more deserving individual. Mr. Speaker, the frequency and intensity of IN THE HOUSE OF REPRESENTATIVES Jean Wortham maintains strong family roots these ads will increase as we enter the Christ- Thursday, November 14, 2002 in Oklahoma, but has resided in Pasadena, mas shopping season. The city Council of De- Texas for over forty years, during which time troit has just condemned this marketing cam- Mr. MCINNIS. Mr. Speaker, it is with great she began a distinguished career in public paign. There are diverse coalitions working pride that I rise today to recognize the Du- service. She was employed for fourteen years from coast to coast to protect the health and rango Fire & Rescue Authority for their service by State Representative Erwin Barton, who safety of our children and retain the dignity of and dedication during one of Colorado’s most represented District 144, a constituency that people who are doing the hard work of recov- formidable fire seasons. Last summer, the Fire included Pasadena. From there, Jean ery. & Rescue Authority played an integral role in Wortham went on to work for Justice of the We must expose Dior’s outrageous and irre- containing the Missionary Ridge forest fire that Peace Mike Parrott, where she demonstrated sponsible marketing campaign. burned over 70,000 acres in Southwestern outstanding service, upholding the constitu- Mr. Speaker, it is my hope this body will join Colorado. Today, I would like to pay tribute to tional laws of Texas relating to the Transpor- me in condemning this ad campaign which at- their heroic efforts before this body of Con- tation Code as well as the Texas Penal Code tempts to glamorize addiction. Please join me gress and this nation. in misdemeanor cases, and Small Claims and in using our leadership to send a clear mes- When the Missionary Ridge fire first erupted Justice Court. Her professional public involve- sage that addiction is not fashionable. last June, the citizens of Durango, Bayfield ment then expanded to the labor movement f and the surrounding communities called upon when she moved on to work as Secretary to CELEBRATING THE EFFORTS OF the Durango Fire & Rescue Authority to pro- the International Vice President of the Boiler- THE MACOMB COUNTY INTER- tect their loved ones, homes, and communities makers, where she has been employed since FAITH VOLUNTEER CAREGIVERS from what would become the worst fire in area 1996. ON THE OCCASION OF THEIR history. The fire began in a ditch beside Mis- Although Jean Wortham has had a notable 10TH ANNIVERSARY sionary Ridge Road just 15 miles northeast of professional career in public service, volunteer Durango and grew to consume more than efforts have proved to be a major outlet for 70,000 acres, 56 residences, and 27 out- much of her community involvement. Her de- HON. SANDER M. LEVIN buildings. sire to further the Democratic cause is re- OF MICHIGAN Although the Missionary Ridge fire was a flected in her years of fervent political activ- IN THE HOUSE OF REPRESENTATIVES devastating reminder of how destructive forest ism, which began in 1976 when she took over Thursday, November 14, 2002 fires can be, it also served to remind us of the as the Area 5 Democratic Headquarters Man- Mr. LEVIN. Mr. Speaker, I rise to recognize men and women who risk their lives to protect ager in Pasadena. While actively volunteering the efforts of the Macomb County Interfaith their fellow citizens on a daily basis. The as a leader in the Area 5 Democratic Club, Caregivers as they celebrate their 10th Anni- newly formed Durango Fire & Rescue Author- Jean also took on the position of Manager for versary on November 19, 2002. ity consolidated the efforts of the Hermosa Erwin Barton’s campaign. Her energetic dy- This celebration will bring together a variety Cliff Fire District, Animas Fire District, and the namic continued even after these positions of local support agencies, faith-based con- City of Durango Fire Department to serve the ended. In 1984, she became involved in na- gregations, and residents to provide informa- citizens in the Durango area and oversees tional politics as the coordinator for Walter tion on their programs and services available 440 square mile region with a population of Mondale for President in Texas’ State Senate to the citizens of Macomb County and recently 29,700. The Durango Fire & Rescue Authority District 11. added areas in Oakland County. relies on a host of volunteer firefighters, para- Jean’s public service stretched to many The Macomb County Interfaith Caregivers medics, and support staff prepared to fight areas other than politics, as she became a was started in 1990 by a group of religious fires or provide medical assistance on a mo- driving force behind the success of the Amer- leaders from southeast Michigan who saw a ment’s notice. ican Red Cross when she was appointed as need for a program that could reach out to a Mr. Speaker, it is with sincere admiration Chair of Volunteers for the organization’s rapidly growing population of older and dis- that I recognize the Durango Fire & Rescue Pasadena Service Center. During this same abled adults. These older residents of our Authority of Durango before this body of Con- time, Jean Wortham kept up her political in- communities were struggling to maintain their gress and this nation. I want to commend all volvement, serving as a member of the State independence and preserve their health and of the Durango Fire & Rescue Authority’s fire- Democratic Executive Committee from State safety in their own homes. By 1994 the pro- fighters for their determination, courage, and Senate District 11. More recently, Jean gram was an independent, community-owned resolve during last summer’s efforts on Mis- Wortham continued her drive to better the charitable organization. sionary Ridge. Without the help of the Du- lives of others by establishing the first-ever The agency’s mission is to provide essential rango Fire & Rescue Authority and others, the Native American Caucus at the Texas State support services like transportation, household added devastation to our community, environ- Convention in El Paso earlier this year.

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2041 Mr. Speaker, I commend the tireless devo- rity commenced, Congress was led to believe sweeping powers, we should have an open tion that Jean Wortham has pledged to the ad- that the legislation would be a simple reorga- debate instead of burying the authorization in vancement and success of our community. nization aimed at increasing efficiency, not an a couple of paragraphs tucked away in a 484 Jean’s extensive volunteer endeavors com- attempt to expand federal power. Fiscally con- page bill! bined with her exceptional professional polit- servative members of Congress were even H.R. 5710 also expands the federal police ical career have distinguished her as a com- told that the bill would be budget neutral! Yet, state by allowing the attorney general to au- mitted individual, who is extremely deserving when the House of Representatives initially thorize federal agency inspectors general and of such a salute. considered creating a Department of Home- their agents to carry firearms and make f land Security, the legislative vehicle almost warrantless arrests. One of the most dis- overnight grew from 32 pages to 282 pages turbing trends in recent years is the increase NATIONAL FAMILY WEEK and the cost had ballooned to at least $3 bil- in the number of federal officials authorized to lion. Now we are prepared to vote on a nearly carry guns. This is especially disturbing when HON. NICK LAMPSON 500-page bill that increases federal expendi- combined with the increasing trend toward re- OF TEXAS tures and raises troubling civil liberties ques- stricting the ability of average Americans to IN THE HOUSE OF REPRESENTATIVES tions. Adding insult to injury, this bill was put exercise their second amendment rights. Arm- Thursday, November 14, 2002 together late last night and introduced this ing the government while disarming the public Mr. LAMPSON. Mr. Speaker, I rise today to morning. The text of the bill has not been encourages abuses of power. recognize National Family Week and the im- made available and the only place members Mr. Speaker, H.R. 5710 gives the federal portance of strong families to the future of our and their staff can access a copy of the bill is government new powers and increases federal communities and our country. on the Rules Committee’s website. Unfortu- expenditures, completely contradicting what The purpose of National Family Week, No- nately, the location of the bill is not widely members were told would be in the bill. Fur- vember 24–30, 2002, is to recognize that Con- published: thus, many members and staffers thermore, these new power grabs are being nections Count when it comes to strength- are unaware of how to access a copy. rushed through Congress without giving mem- ening families and communities. Strong fami- The last time Congress attempted to simi- bers the ability to debate, or even properly lies are at the center of strong communities. larly ambitious reorganization of the govern- study, this proposal. I must oppose this bill Everyone has a role to play in making families ment was with the creation of the Department and urge my colleagues to do the same. successful, including neighborhood organiza- of Defense in 1947. However, the process by f tions, businesses, non-profits, policymakers, which we are creating this new department and, of course, families themselves. bears little resemblance to the process by TRIBUTE TO FARMINGTON FIRE Families thrive when they are connected to which the Defense Department was created. DEPARTMENT the opportunities, networks, support, and serv- Congress began hearings on the proposed ices that enable them to succeed. This in- Department of Defense in 1945—two years HON. SCOTT McINNIS cludes everyday access to high-quality trans- before President Truman signed legislation OF COLORADO portation, technology, education, and child creating the new Department into law! Despite IN THE HOUSE OF REPRESENTATIVES care; opportunities to build solid financial foun- the lengthy deliberative process through which Thursday, November 14, 2002 dations; and positive social relationships within Congress created the new department, turf and among families, as well as quality support battles and logistical problems continued to Mr. MCINNIS. Mr. Speaker, it is with great from community networks and institutions. bedevil the military establishment, requiring pride that I rise today to recognize the Farm- National Family Week is a great time to several corrective pieces of legislation. In fact, ington Fire Department for their service and honor the connections that support and Mr. Speaker, the Goldwater-Nicholas Depart- dedication during one of Colorado’s most for- strengthen families year-round. These connec- ment of Defense Reorganization Act of 1986 midable fire seasons. Last summer, the Fire tions can be as simple as the neighbor who (P.L. 99–433) was passed to deal with prob- Department played an integral role in con- watches the kids while parents work; the lems steaming from the 1947 law! The experi- taining the Missionary Ridge forest fire that placement center that connects parents to ence with the Department of Defense certainly burned over 70,000 acres in Southwestern new jobs; the place of worship or neighbor- suggests the importance of a more delibera- Colorado. Today, I would like to pay tribute to hood organization that connects the family to tive process in the creation of this new agen- their heroic efforts before this body of Con- others in the community; the community lead- cy. gress and this nation. er or policymaker who initiates policies, prac- H.R. 5710 grants major new powers to the When the Missionary Ridge fire first erupted tices, and resources to better benefit families, Department of Health and Human Services last June, the citizens of Durango, Bayfield and the parents who listen to their children (HHS) by granting HHS the authority to ‘‘ad- and the surrounding communities called upon and always have time for big hugs. minister’’ the smallpox vaccine to members of the Farmington Fire Department to protect For 32 years, the Alliance for Children and the public if the Department unilaterally deter- their loved ones, homes, and communities Families and its non-profit members have pro- mines that there is a public health threat from what would become the worst fire in area moted National Family Week throughout the posed by smallpox. HHS would not even have history. The fire began in a ditch beside Mis- nation. Every day these child- and family-serv- to demonstrate an actual threat of a smallpox sionary Ridge Road just 15 miles northeast of ing organizations make a difference for fami- attack, merely the ‘‘potential’’ of an attack. Durango and grew to consume more than lies of all shapes and sizes. Thus, this bill grants federal agents the author- 70,000 acres, 56 residences, and 27 out- National Family Week is a great time for all ity to force millions of Americans to be injected buildings. of us to recommit to enhancing and extending with a potentially lethal vaccine based on Although the Missionary Ridge fire was a all families’ connections. As we gather with nothing more than a theoretical potential devastating reminder of how destructive forest our families this Thanksgiving, let us remem- smallpox incident. Furthermore, this provision fires can be, it also served to remind us of the ber the special connections that help our fami- continues to restrict access to the smallpox men and women who risk their lives to protect lies thrive, and encourage one another, our vaccine from those who have made a vol- their fellow citizens on a daily basis. The neighbors, our businesses, and our organiza- untary choice to accept the risk of the vaccine Farmington Fire Department has served its tions to reach out to families in new ways, and in order to protect themselves from smallpox. citizens and community since 1924 and serves honor the special gifts each can bring to our It is hard to think of a more blantant violation the entire Farmington area. The department communities and to one another. of liberty than allowing government officials to relies upon a personnel of 72 firefighters who f force people to receive potentially dangerous remain on call, prepared to fight fires, conduct HOMELAND SECURITY ACT OF 2002 vaccines based on hypothetical risks. rescue operations, or provide medical assist- While this provision appears to be based on ance on a moment’s notice. SPEECH OF similar provisions granting broad mandatory Mr. Speaker, it is with sincere admiration vaccination and quarantine power to gov- that I recognize the Farmington Fire Depart- HON. RON PAUL ernors from the controversial ‘‘Model Health ment before this body of Congress and this OF TEXAS Emergency Power Act,’’ this provision has not nation. I want to commend the department’s IN THE HOUSE OF REPRESENTATIVES been considered by the House. Instead, this fire fighters for their determination, courage, Wednesday, November 13, 2002 provision seems to have been snuck into the and resolve during last summer’s efforts on Mr. PAUL. Mr. Speaker, when the process bill at the last minute. At the very least, Mr. Missionary Ridge. Without the help of the of creating a Department of Homeland Secu- Speaker, before Congress grants HHS such Farmington Fire Department and others, the

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2042 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 added devastation to our community, environ- The children of Suffolk County, NY, have a success of these efforts even after he moves ment, and quality of life would have been un- natural desire and propensity to learn and the on to his new job of ‘‘retirement.’’ imaginable. Their tireless commitment inalienable right to an education. It is impera- On behalf of the entire House community, throughout the fire season has served as an tive that our society supports the needs of we commend Mike for his dedication and long, inspiration to us all and I extend my sincere children and youth and invest in education as selfless service to the House of Representa- gratitude to everyone in the department. our top priority. tives. We wish Mike and his wife Sheila many f Children’s mental health is closely linked to wonderful years in fulfilling their retirement their successful learning and development. dreams. CONFERENCE REPORT ON H.R. 4546, Schools must apply sound psychological prin- f BOB STUMP NATIONAL DEFENSE ciples to instruction, learning and oversight, AUTHORIZATION ACT FOR FIS- TRIBUTE TO WILLIAM THIEBAUT, cultivate children’s intellectual, social and JR.––––– CAL YEAR 2003 emotional development, meet the educational SPEECH OF and developmental needs of culturally diverse student populations, and promote prevention HON. SCOTT McINNIS HON. JO ANN DAVIS and early intervention to ensure students’ OF COLORADO IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA achievement. IN THE HOUSE OF REPRESENTATIVES Suffolk County schools must ensure a safe, Thursday, November 14, 2002 Tuesday, November 12, 2002 healthy learning environment for all children Mr. MCINNIS. Mr. Speaker, I would like to and be able to recognize and respond to their Mrs. JO ANN DAVIS of Virginia. Mr. Speak- take this opportunity to pay tribute to a man emotional and psychological difficulties. er, I rise today to speak on H.R. 4546, The that has selflessly devoted his time and ener- Suffolk County school psychologists help gies towards the betterment of the state of Bob Stump National Defense Authorization Act parents and educators foster healthy child de- Colorado. A member of the Colorado State of Fiscal Year 2003. I believe that this year’s velopment and are the school-based experts Legislature, the hard work and dedication of Defense Authorization package is a com- in children’s learning and development. William Thiebaut, Jr., known as Bill, is a testa- promise that does many good things. In par- Suffolk County school psychologists and ment to the Western pride and character of ticular, I was extremely happy to see that the other trained school-based professionals have my state and its citizens. Bill is now leaving Committee would offer its full support for re- the opportunity and ability to help parents the Colorado State Legislature after serving storing the original schedule for CVNX–1. identify and access needed community re- since 1993, and I can think of no better way However, Mr. Speaker, I must point out that sources to help their children. to celebrate Bill’s retirement than to honor his I am disappointed at the lack of progress that Suffolk County school psychologists are many achievements before this body of con- we have made on the issue of concurrent re- leaders in delivering mental health services to gress, and this nation. ceipt. Yes, this legislation would allow some of children. It is appropriate that Americans rec- Educated in Canon City and now living in our retired veterans to receive both their VA ognize the important and vital role that school Pueblo, Bill has not only experienced the best disability and retirement pay. However, in a psychologists play in the personal and aca- the state has to offer but also has been in- real sense, this is not true concurrent receipt demic development of our nation’s children. spired to give back to the state and its people. as payments are authorized through the Spe- f He has served in both the House and the cial Stipend for the Severely Disabled Retir- Senate as both an appointee and an elected ees. It is a step, but quite frankly, it is not HONORING MR. MIKE ALLEN, DI- official. During his time in the Colorado Gen- enough. RECTOR, HOUSE RECORDING erally Assembly he has served on countless Mr. Speaker, I would like to reemphasize STUDIO committees and dedicated countless hours to my support for inclusion and passage of a full improving the lives of Coloradoans. Most nota- version of concurrent receipt in future years. It HON. ROBERT W. NEY bly he has diligently served as the Senate Ma- is something our veterans deserve and is jority Leader and has selflessly given his time owed to them. I am fully aware of its costs. OF OHIO IN THE HOUSE OF REPRESENTATIVES to the Legislative Councils Subcommittee on The Administration, simply put, should either Sexual Harassment, the Criminal Justice Com- add the money and program for it, or request Thursday, November 14, 2002 mission, the Governor’s Job Training Coordi- that this be made a mandatory spending Mr. NEY. Mr. Speaker, on the occasion of nation Council, the Federal Budget Task measure. his retirement at the end of this year, we rise Force, and the Task Force on Worker’s Com- Mr. Speaker, I am aware that many mem- to thank Mr. John Michael Allen for his exem- pensation Premium Rate Increases. In addi- bers do not fully support this and see it as plary service to the U.S. House of Represent- tion he has worked on the issues of election simply ‘‘pork’’. However, let’s look at what this atives. The following statement by Robert F. reform, worker’s rights, and children’s rights. is for. VA disability payments, in a very real Kennedy truly defines the caliber of work that When Bill is not working in the General As- sense, are earned. The military life is a job un- Mike has provided to the House during the sembly he is serving in his other roles as lov- like any other profession. That’s why it is often past 23 years: ‘‘Few of us have the greatness ing husband and devoted father of an amazing referred to as a calling. The risks associated to bend history itself; but each of us can work fifteen children. with this profession are higher than most and to change a small portion of events, and in the Mr. Speaker, its clear that Bill Thiebaut is a often result in injury that years later becomes total of those acts will be written the history of man of dedication and commitment to his debilitating. That is why we have disability this generation.’’ Mike’s strong commitment to state and its citizens. He has achieved many payments for our service members. providing professional and flawless broadcast things in his distinguished tenure in the Colo- Mr. Speaker, as we hold this debate, we coverage of the House floor proceedings has rado General Assembly, and I am honored to stand on the cusp of another war, one which made history. Every day that this House of the be able to bring his hard work and dedication will surely cause more casualties and more People is in session, Mike has guided a pro- to the attention of this body of congress. It is debilitating injuries to our young servicemen. fessional and dedicated team to provide flaw- my privilege to be able to express to him, and We should do the right thing and grant concur- less daily coverage to the country. We who to this country, my gratitude for all that he has rent receipt to our current and future veterans. are here and can just cross the street to watch done for our wonderful state, and I wish him f history being made, may not appreciate what all the best in his future endeavors. TRIBUTE TO SCHOOL PSYCHOLO- Mike has been helping to ‘‘make happen’’ for f GISTS IN SUFFOLK COUNTY, NY 23 years. Mike is to be admired and praised HONORING WORCESTER COM- for providing this notable service to the House. PREHENSIVE CHILD CARE SERV- HON. STEVE ISRAEL Mike is currently leading the House Record- ICES ing Studio from operating in an analog envi- OF NEW YORK ronment to operating in a digital environment IN THE HOUSE OF REPRESENTATIVES and to providing broadcast coverage of Com- HON. JAMES P. McGOVERN OF MASSACHUSETTS Thursday, November 14, 2002 mittee Hearings. He continues to lay the IN THE HOUSE OF REPRESENTATIVES Mr. ISRAEL. Mr. Speaker, I rise to recog- groundwork for these technological transitions nize the work of school psychologists in Suf- as he approaches the end of his career with Thursday, November 14, 2002 folk County, NY, during the week of November the House. The strength and commitment of Mr. MCGOVERN. Mr. Speaker, I rise today 4, 2002. the team he has developed will ensure the to honor Worcester Comprehensive Child

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 CONGRESSIONAL RECORD — Extensions of Remarks E2043 Care Services, Incorporated, WCCCS, Inc. in Congress are better off for knowing him. I state senator. After serving his state for eight Since its inception as Great Brook Valley Child wish him well in his future endeavors, and I years, Stan is leaving the Senate Assembly to Care in 1972, the agency has been serving thank him for his accomplishments. continue his political career in other arenas. It the after-school needs of children who live in f is with a great deal of respect that I pay tribute the Great Brook Valley. Building upon its suc- to him today, in front of this body of Congress, cess with that first class of school-age chil- HONORING VIJAY MITAL and thank him for his hard work and dedica- dren, WCCCS, Inc. has grown into an agency tion while in office. that serves nearly 300 low-income Worcester HON. JAMES T. WALSH Born and educated in Colorado, Stan has children in 5 locations. In order to reflect its OF NEW YORK long held an interest in politics. As a student mission, the agency changed its name to IN THE HOUSE OF REPRESENTATIVES at Fort Morgan High School, Stan was elected Worcester Comprehensive Child Care Serv- student body president. He is known as a de- Thursday, November 14, 2002 ices, Inc. voted father of three, and a loving husband. WCCCS, Inc. employs 65 staff members Mr. WALSH. Mr. Speaker, I rise to recog- Stan has gone beyond the walls of the Capitol and is proud that its national association has nize the retirement of Vijay Mital, the City of to serve his fellow citizens as a valued mem- accredited all of its teaching personnel and Auburn, New York’s Director of Planning and ber of the community. He has led Boy Scout centers for the Education of Young Children, Economic Development. Vijay, who retires troops, Odyssey of the Mind teams, and NAEYC. Some of the staff have been working next month, has been a dedicated public serv- coached his children’s athletic teams for with the agency since its inception, and many ant in the Auburn community for 32 years. years. He has also served as a member and of the staff have 10, 15, and 20-plus years of Having worked with this exceptional individual chairman of the Namaqua School Account- experience. Many of the staff members are for 14 years, I can say he will be missed by ability Committee, the Thompson Valley Pre- themselves WCCCS alumni, and many of their all those who have come to know and respect school, Hospice, Loveland Daycare Center own children, grandchildren, and great grand- his work. and the Loveland Sertoma Club. Stan also children participate in the program. If anyone can attest to living the American acts as a deacon and elder in his church, and WCCCS, Inc. is proud of its policies of pro- dream, it is Vijay Mital. He grew up near New is well respected by his community. Stan was elected to the State Legislature in viding entry-level jobs for a culturally and eth- Dehli, India before immigrating to the United 1994 and again in 1998 and has dedicated nically diverse staff, paying for their education States in 1970 at the age of 30. While visiting countless hours to his work. He currently and professional development, and offering his sister in my hometown of Syracuse, Vijay serves as President of the Senate, chair of the excellent pay and benefits. The agency is a came across an employment ad for an open- Education Committee, and a member on the 501–C3 not-for-profit, and a volunteer board of ing in Cayuga County’s planning department. Public Policy and Planning and Senate Serv- directors leads it. He applied for the job, was hired five days ices committee. During his time as a state Mr. Speaker, I would like to take this oppor- later, and as they say, the rest is history. He senator, Stan has worked on the issues of tunity to commend the WCCCS, Inc. Board of has worked for the county for 20 years and education, housing and government finance. Directors and staff for 30 years of dedicated spent the last 12 years with the City of Auburn Mr. Speaker, I am honored to bring to the service to the children of my hometown, in his current position. attention of this body of Congress, the service Worcester, MA. I congratulate them as they A humble and modest man, Vijay is the only of Stan Matsunaka. His contributions to his celebrate the 30th Annual Meeting of the Director of Planning and Economic Develop- state and constituents through his many years Board of Directors. ment the city’s ever had. Here are just some of public service are an example for our state. f of the extraordinary accomplishments of his His service and commitment should serve as career. Vijay and his staff have diligently CONGRESSMAN SONNY serve as an example for us all, and I wish him worked to bring over $50 million in state and CALLAHAN’S RETIREMENT the best of luck in the future. federal aid for local projects. At one point, the f Department of Housing and Urban Develop- HON. J. RANDY FORBES ment awarded the city 19 consecutive grants. REMEMBERING UKRAINE’S OF VIRGINIA This is record at the agency that still stands FAMINE IN THE HOUSE OF REPRESENTATIVES today. Thursday, November 14, 2002 Upon learning SnyderGeneral, now McQuay HON. CURT WELDON Mr. FORBES. Mr. Speaker, I rise today to International, was going to close its local plant OF PENNSYLVANIA pay tribute to our distinguished colleague, and move elsewhere, Vijay led a city delega- IN THE HOUSE OF REPRESENTATIVES SONNY CALLAHAN, as he retires from Congress tion to the company’s headquarters in Texas. Thursday, November 14, 2002 after 18 years of representing Alabama’s first There, he convinced the company to stay Mr. WELDON of Pennsylvania. Mr. Speaker, district. open in Auburn saving 350 jobs. Since that this Saturday, Ukrainians around the world will Chairman CALLAHAN has dedicated most of time, the company has more than doubled its honor the millions that died in the man-made his life to public service. In addition to his long workforce, adding a new marketing division. famine created by Josef Stalin’s Soviet gov- and noteworthy career in the House of Rep- Vijay has also been instrumental in developing ernment. In 1932–33, citizens of Ukraine, the resentatives, he served in the Alabama legis- the Stryker Homes and the Boyle Center sen- northern Caucasus and the lower Volga River lature for 12 years and he has served his ior citizen complexes, the Holiday Inn, and the regions died as a result of Stalin’s implemen- country in the Navy. I congratulate him on his new Falcon Park minor league baseball field. tation of forced collectivization. The heaviest remarkable record of service. I commend him As everyone can see, Vijay is truly an ex- losses occurred in Ukraine, where an esti- for his proven dedication to his constituents traordinary person. I join his wife Nisha, mated 7 to 10 million people perished. and his countrymen. daughter Seema, and son Mansha in saluting This artificial famine was instituted to break Most recently, SONNY has served as the his lifetime of work for the people of Cayuga the spirit of the Ukrainian farmer and force chairman of the Energy and Water Appropria- County and the City of Auburn. Vijay Mital has them into collectivization. Stalin was deter- tions Subcommittee. In this role, he has had a made a difference in his community and I wish mined to crush Ukrainian nationalism and to direct, lasting, and positive impact on the him well in his future endeavors. do so required an ethnic cleansing of the most basic infrastructure that enables America’s f horrific nature. The task took the form of a economic might. Nearly every congressional man-made famine where the quota for grain district represented in the House, Mr. Speaker, TRIBUTE TO STANLEY T. from Ukraine was brutally increased. The ex- MATSUNAKA ––––– has directly benefited from SONNY’s leadership traordinarily high quota resulted in a severe of this committee. grain shortage, effectively starving the Ukrain- I have personally benefited from SONNY’s HON. SCOTT McINNIS ian people. leadership. His office in the Rayburn Building OF COLORADO Additionally, the peasants were threatened if is next to mine. Because of his proximity, he IN THE HOUSE OF REPRESENTATIVES they did not perform the work expected of has provided me with guidance and support in them and the Soviet government issued a de- Thursday, November 14, 2002–– my first term in Congress. I am grateful, Mr. cree stating that anyone found hiding food Speaker, for direct and positive impact Mr. Mr. McINNIS. Mr. Speaker, I would like to products or produced materials would be shot. CALLAHAN has had on me in his final term. take this opportunity to pay tribute to Stan T. The end result was a demoralized and de- Our Nation is better off because of SONNY Matsunaka and thank him for his contributions pleted Ukrainian ethnic population. Stalin cov- CALLAHAN’S long and distinguished career. We to the State of Colorado while serving as a ered up this genocide so effectively that little

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2044 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 was known of this horrific event. However, the Washington as one of the first university of- entrepreneur. He has long served Colorado Ukrainian Government has exposed Stalin’s fices to be located there. For more than two through his engineering firm, Abel Engineering atrocities by issuing a decree stating that the decades, Nan made friends for Princeton in Professionals, which has been honored nu- fourth Saturday of November is designated as Washington and has represented the Univer- merous times for its dedication to excellence the national memorial day for the millions of sity on a broad range of issues, always ready and service. Abel is also known throughout his victims of the 1932–33 famine. This day of ob- to be helpful to Members of Congress and community for being a devoted husband and servance reminds us that freedom does not their staffs, as well as officials in the executive loving father of three, as well as a grandfather. come easy. agencies. Mr. Speaker, I am quite sure that Abel’s I join those in mourning and aid their cause A champion of higher education, especially leadership and hard work will be sorely in expanding the world’s acknowledgment of graduate education, Nan played a central role missed in the State House of Representatives, this horrific event in Ukraine’s history. Further- in the creation and funding of the Education and I thank him for all that he has done for the more, I support the Ukrainian community’s ac- Department’s Jacob Javits Fellowships, and great State of Colorado. I am honored to bring tion to erect a monument to the victims of the she has been a leader in strengthening the his accomplishments to the attention of this 1932–33 Ukrainian Famine-Genocide in National Science Foundation and the National body of Congress, and wish him all the best Washington, D.C. Endowment for the Humanities. in the future. His hard work and dedication This monument will serve as a reminder of For her entire career at Princeton, Nan has truly embodies the spirit of the State, and it is the sacrifices the Ukrainian people endured for been an advocate for research and develop- with a great deal of pride that I thank him for their freedom and the knowledge of this hor- ment and especially for the national fusion en- his many years of public service. rible crime will spread and stimulate the fight ergy research program, and particularly for the f for freedom all over the world. excellent work that has been done at the IN HONOR OF EUNICE BREAZEALE f Princeton Plasma Physics Laboratory. She has worked hard to educate policy makers TRIBUTE TO CONGRESSMAN BOB and to establish and maintain strong support HON. MARTIN FROST CLEMENT from the U.S. Congress and the Department OF TEXAS of Energy for the Laboratory’s mission. IN THE HOUSE OF REPRESENTATIVES HON. JACK QUINN When I was with the Plasma Physics Lab- Thursday, November 14, 2002 OF NEW YORK oratory, I worked closely with Nan for ten IN THE HOUSE OF REPRESENTATIVES Mr. FROST. Mr. Speaker, I rise today in years and know her to be a great advocate for honor of Eunice Breazeale, a lifelong Texas Thursday, November 14, 2002 education, for investment in our country’s fu- resident celebrating her 100th birthday this Mr. QUINN. Mr. Speaker, as the 107th Con- ture prosperity, and for a compassionate hu- week on November 17th. gress comes to a close, I want to take this op- mane society, and especially for Princeton Over her lifetime, Eunice has seen America portunity to pay tribute to a dear friend of University. and the world change around her again and mine. I know that all members who have worked again. Yet, through it all, one constant in her For the past two years, Congressman BOB with Nan join me in wishing her all the best as life has been her love of education. I know of CLEMENT and I have had the privilege of work- she retires from Princeton University and un- very few people who have two high school di- ing together as Chairman and Ranking Mem- dertakes other activities. plomas—but Eunice does! Due to the de- ber of the Transportation Subcommittee on f mands of World War I, Eunice’s high school Railroads. I affectionately describe BOB as my TRIBUTE TO ABEL J. TAPIA–––––– dropped its senior year, and she graduated as partner on the Subcommittee because we a junior. She later returned to complete one have worked so well together and approached last year—thus earning her second diploma. every situation in a bipartisan way. Our rela- HON. SCOTT McINNIS All that education must have lured her into tionship embodies the true spirit of bipartisan- OF COLORADO teaching, because she enrolled in Baylor Fe- ship, the type of open and honest discussions IN THE HOUSE OF REPRESENTATIVES male College in September 1922 to become a that other committee heads should envy. This Thursday, November 14, 2002–– certified teacher, and subsequently obtained a level of cooperation is a direct result of BOB’S Mr. McINNIS. Mr. Speaker, I would like to position in the Mt. Olive CSD of Mills County, admirable character and collegial personality. take this opportunity to recognize the contribu- Texas. So began her 29-year-long career as Always the gentleman, BOB has been a tions of a true statesman from the State of an educator. Yet, as she taught, pursued a higher edu- pleasure to work with and his presence will be Colorado, Abel J. Tapia. Abel has given four cation for herself, and raised a family of her sorely missed on the Subcommittee next year. years of his life to the Colorado State Legisla- own, Eunice found time to lend her talents to He has been a champion of a national pas- ture as a Representative, a position that is service, and quickly became a leader in her senger rail system and was instrumental in se- simply his most recent in a long line of service community. Among her accomplishments, Eu- curing the passage of legislation to increase to his state and fellow citizens. Abel is now nice helped start the Teachers’ Retirement in the pensions and benefits of retired railroad leaving the State House, and I am honored Texas, served as Adult Sunday School Super- workers and their widows. His commitment to take this opportunity to thank him for his serv- intendent for 10 years and Children’s Sunday providing the necessary resources for mass ice. transit is second to none and his overall pas- After a successful engineering career, in- Coordinator for 2 years. She also worked in sion for improving our country’s transportation cluding graduate work at the Graduate School the Baptist W.M.U. for 27 years while holding systems is irreplaceable. of Business and John F. Kennedy School of a number of offices, worked in the PTA for 25 I congratulate BOB on a distinguished career Government at Harvard University, Abel years, and played piano for the Kamay Baptist in the U.S. House of Representatives and I switched gears, and embarked upon his polit- Church for 10 years. Even today, Eunice is wish him and his family the best in their future ical career. He ran for the Pueblo School Dis- active in her community and church. endeavors. Mr. Speaker, as Eunice’s friends and family trict 60 School Board and he served there for gather this weekend in Lampasas, Texas, I f eight years, helping the people of Pueblo know my colleagues will join me in honoring drastically improve their public school system. CONGRATULATING NAN SHELBY this remarkable woman. I salute Eunice He took on leadership positions on the board, WELLS Breazeale today, and wish her a very happy serving as vice president for three years and 100th birthday with many more to come. HON. RUSH D. HOLT as president for two years. In 1998 Abel took his service to the state level. As a member of f OF NEW JERSEY the Colorado State House of Representatives, IN THE HOUSE OF REPRESENTATIVES WOMEN’S EQUALITY AMENDMENT Abel has continued his long-standing dedica- Thursday, November 14, 2002 tion to the Pueblo area and its people. He is HON. CAROLYN B. MALONEY Mr. HOLT. Mr. Speaker, I rise today to rec- a member of the Legislative Council and is the OF NEW YORK ognize the contributions of Nan Shelby Wells Chairman of the Democratic Caucus, and also IN THE HOUSE OF REPRESENTATIVES on her retirement after 26 years with Princeton serves on the Finance and Appropriations University. Committee. Thursday, November 14, 2002 In 1979, Nan founded the University’s Office Abel is also a valued member of the Colo- Mrs. MALONEY. Mr. Speaker, on the day of Government Affairs and later moved it to rado community, both as a person and as an when we have elected the first even, highest-

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ranking woman in Congress, NANCY PELOSI, I As this report shows, when our nation was TRIBUTE TO GRANDMASTER issue a challenge to my colleagues and to the at its strongest. We didn’t spread the wealth, GEORGE A. DILLMAN incoming freshman class: Pass the Women’s we grew the disparity. Equality Amendment, also known as the Equal The Supreme Court did not advance the HON. BENJAMIN A. GILMAN Rights Amendment in the 108th Congress! protections for women in sex discrimination OF NEW YORK We are in a new millennium, and we cannot cases, however women still have a stricter IN THE HOUSE OF REPRESENTATIVES continue to leave women behind. Times have Thursday, November 14, 2002 changed, but the purposes of the Women’s burden of proof to prove discrimination than Equality Amendment remains the same. It’s do racial minorities Ironically, a white male Mr. GILMAN. Mr. Speaker, I rise today to simple concept: Equality of rights under the claiming race discrimination has a stronger pay tribute to Grandmaster George A. Dillman law shall not be denied or abridged by the legal standing than a black female claiming on the occasion of his 60th birthday. United States or by any State on account of sex discrimination by the same employer or George A. Dillman, a 9th degree black belt sex. action. in ryukyu kempo tomari-te, was honored by On March 22, 2001, I was joined by a group Black Belt Magazine in 1997 as ‘‘Instructor of In some states, a group of women cannot the Year.’’ He is one of the USA’s best-known of my male colleagues from the House and joint together to rent a home, While several Senate as we re-introduced the Women’s and well-established martial arts personalities. men could, because ancient state laws con- There are many who believe Mr. Dillman has Equality Amendment with over 160 original co- sider women a greater risk of using that group sponsors. At the end of the 107th Congress, contributed more to the body of martial arts home for illict sexual activities. we have a record 210 cosponsors. We have knowledge available to the public, than any- worked too hard and too long to see these ad- Overriding all of these examples is the sim- one else in the 20th century. vances dashed as we enter a new legislative ple fact that equal protection for men is guar- Mr. Dillman came to the attention of the session. We must use the momentum we’ve anteed by the Constitution, and equal rights martial arts press when he began competing in the early 1960’s. By the middle of that dec- established to launch an full-fledged campaign for women are secured at the whim of politi- ade, he had started running his own tour- to pass the Women’s Equality Amendment. cians and jurists. Any Congress or legislature We cannot wait another thirty years. For the nament, called the Northeast Open Karate or judge could roll back back the gains women Championships. This competition was held an- sake of our daughters, we should not wait. have secured in the last half century without Now is the time. nually for many years. risk the ultimate Constitutional penalty. Official Karate Magazine (Nov. 1982) de- Thirty years ago, the Women’s Equality scribed Dillman as ‘‘one of the winningest Amendment passed the House, but a time Across America and in this Congress, that competitors karate has ever know.’’ Dillman limit was added. It was eventually ratified by simple reality is being recognized more and was four-times national karate champion 35 states, just 3 states shy of final ratification. more;. The 210 co-sponsors of the Women’s (1969–1972) and during this period was con- This is why House Judiciary Chair Rodino re- Equality Amendment is the highest for any sistently ranked among the top ten competi- introduced the Women’s Equality Amendment Congress since 1983, the last time it reached tors in the nation by major karate magazines. in 1982. We have been trying to pass this leg- the floor of the House. During his nine-year competitive career, islation ever since. Don’t get me wrong. It will not be long before an overwhelming Dillman claimed a total of 327 trophies in fight- Progress has been made. There are now 61 majority of this House, and then this Con- ing, forms, breaking and weapons. women Members of Congress and 13 women gress, will endorse the Women’s Equality Dillman began serious martial arts training Senators compared to 1972’s grand total of Amendment once again, and repair a travesty in 1961 with Harry G. Smith. He went on to one women Senator and 10 women Members. in our nation’s history. study with Daniel K. Pai, Robert Trias and In modern America, after five decades of Seiyu Oyata. Dillman has always considered Within this short, but essential, statement, legal and legislative advices for women, it may himself a student, never a master of the mar- seem to some that the Women’s Equality women will be on their way to enjoying equal tial arts. To this end he and his students have Amendment is not needed. But the fact is status in society. We must gather together, traveled throughout the United States to meet women do not enjoy full, and equal protection men and women on both sides of the aisle and train with various martial arts experts. under the law. and pass the Women’s Equality Amendment Because of his perseverance, Dillman’s Yes, we have a patchwork and piecemeal once and for all. martial arts talents have earned him wide- set of legal protections that try to ensure spread U.S. media coverage. He has ap- equality under the law; the Equal Protection f peared on 34 national TV shows, including, Clause, Title IX, the Equal Pay Act, the Preg- Real People, Mike Douglas, PM Magazine, nancy Discrimination Act. However, laws can RECOGNIZING THE 100TH ANNIVER- Evening Magazine, and NBC’s Sports Ma- be changed, repealed or swept away. It is a SARY OF THE MINNESOTA VIS- chine. Dillman has also been featured five glaring gap in our body of laws that women do ITING NURSE AGENCY times in Ripley’s Believe it or not, and has not enjoy the full force of constitutional protec- been the subject of over 300 newspaper and tion. Gender must have the same level of judi- magazine articles. Dillman, who was a profes- cial review as the other protections that com- HON. BETTY McCOLLUM sional boxer for three and one half years, is bat the many forms of discrimination. OF MINNESOTA the only person known to have trained with Women are paid less than their equally both Bruce Lee and Muhammad Ali. In May of male counterparts in the workforce, just sev- IN THE HOUSE OF REPRESENTATIVES 1988, Dillman was inducted into the Berks enty three cents for each dollar the man Thursday, November 14, 2002 County Sports Hall of Fame. He was the first earns. martial artist to be so included. Currently, In fact, many of you may know, that last Ms. MCCOLLUM. Mr. Speaker, I rise today Dillman travels the world teaching seminars on January, Congressman JOHN DINGELL and I with great honor to recognize the vital con- pressure points and tuite (grappling) hidden released a report title ‘‘A New Look Through- tributions to public health made by the Min- within the traditional movements of the old out the Glass Ceiling.’’ The results were truly nesota Visiting Nurse Agency throughout its martial arts forms. It is his research and sci- astonishing. Our study, based on data gen- 100 years of service. Founded in 1902 by entific dissection of the old forms that is earn- erated by the General Accounting Office, women in the Minneapolis community, the ing him his most notoriety. showed that women managers were actually Never one to shy away from controversy, MVNA has grown from a single Public Health losing ground to their male counterparts. In all Dillman has rediscovered a formerly secret Nurse into an indispensable public health or- ten industries studied, which employ 71 per- level of meaning for kata movements, and has cent of U.S. women workers and 73 percent of ganization serving thousands of patients every made that interpretation understandable to all. U.S. women managers, full-time women man- year. Today the MVNA provides crucial public He has produced a video tape instructional se- agers earned less than men in both 1995 and health services to the Twin Cities community ries on the pressure points, and has written 20000. including care for families and children, care six books with Chris Thomas, and But I was truly shocked that in seven of the for adults and the elderly, and hospice care for Grandmaster Kimberly Fritz Dillman, herself a ten industries, the earning gap between full- the terminally ill. It is my great pleasure to ex- two-time U.S. National Champion: Kyusho- time women and men managers actually wid- tend congratulations to the Minnesota Visiting Jitsu: The Dillman Method of Pressure Point ened between 1995 and 2000. Nurse Agency on its 100th anniversary. Fighting; Advanced Pressure Point Fighting of

VerDate 11-MAY-2000 12:22 Nov 15, 2002 Jkt 019060 PO 00000 Frm 00051 Fmt 0626 Sfmt 9920 E:\CR\CRI\E14NO2.REC pfrm13 PsN: E14NO2 E2046 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2002 Ryukyu Kempo; Advanced Pressure Point Mr. Speaker, the work of Chas Fagan cov- thank him for all that he has done for the Grappling: Tuite; Pressure Point Karate made ers many mediums and genres. As you know, state. I am honored to bring his accomplish- easy; Little Jay Learns Karate; and Humane each year in Washington, 2,000 national fire ments to the attention of this body of Con- Pressure Point Self-Defense. and emergency services leaders assemble to- gress, and wish him all the best in the future. The books have been said to be, ‘‘the defin- gether in Washington for the annual National His hard work and dedication truly embodies itive martial arts books of the century,’’ and Fire and Emergency Services Dinner. Mr. the spirit of the State, and it is with a great ‘‘unparalleled among current martial arts lit- Fagan has often been commissioned to do a deal of pride that I thank him for his many erature.’’ painting of the fire service, capturing the es- years of public service. Mr. Dillman is the chief instructor for Dillman sence of heroism in this country. His work is Karate International, an organization of over without equal, receiving accolades for its real- f 85 schools worldwide, with an enrollment of ism and emotional energy. His latest title, nearly 15,000 students. He has studied under ‘‘Protecting Our Nation,’’ was recently featured TRADE DEVELOPMENT AGENCY five 10th degree black belts from Okinawa and on the front cover of Firehouse Magazine, the is currently furthering his personal study largest fire service publication in the world. HON. DOUG BEREUTER through research, practice, and the sharing of Art plays such a vital role in recording OF NEBRASKA techniques. human history, and Mr. Speaker, I would like IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is indeed a great honor to to commend Chas Fagan for doing his part in pay tribute to this extraordinary man. George perpetuating the legacy of a truly great Amer- Thursday, November 14, 2002 A. Dillman is a genius of the martial arts ican icon, President Ronald Reagan. And to Mr. BEREUTER. Mr. Speaker, this Member world. the sailors serving abroad the USS Ronald would like to highlight the important work of f Reagan, I bid them good luck and God speed. the Trade Development Agency (TDA). The USS ‘‘RONALD REAGAN’’ f TDA is an independent U.S. Government TRIBUTE TO DANIEL ‘‘DAN’’ Agency that promotes U.S. exports in long- HON. CURT WELDON GROSSMAN––––––– term, commercially sustainable projects in de- OF PENNSYLVANIA veloping countries. Additionally, the TDA is IN THE HOUSE OF REPRESENTATIVES unique because it is small, flexible, and can HON. SCOTT McINNIS respond quickly. As a result, TDA is one of the Thursday, November 14, 2002 OF COLORADO first agencies to enter new markets. Moreover, Mr. WELDON of Pennsylvania. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES TDA also makes the host country an important next year, an important event takes place for Thursday, November 14, 2002–– part of identifying priority developmental the U.S. Navy. It is the commissioning of the needs. aircraft carrier, USS Ronald Reagan. Mr. MCINNIS. Mr. Speaker, I would like to take this opportunity to honor the achieve- The TDA funds various forms of technical Since leaving office, President Reagan has assistance, training grants, feasibility studies, been honored in many ways for his remark- ments of an outstanding member of the Colo- rado State Legislature, and thank him for all orientation visits, and business workshops. To able legacy as our Nation’s 40th President. illustrate their work, in September of this year, Across the Potomac River is Ronald Reagan that he has done for the state. After three terms in the Colorado House of Representa- TDA signed a grant with the National Bureau National Airport and down Pennsylvania Ave- to Combat Desertification, State Forestry Ad- nue stands the Ronald Reagan Building and tives, Dan Grossman is leaving the House in order to pursue other opportunities, and I can ministration in the People’s Republic of China International Trade Center. Throughout the for $244,200. The Grantee selected Valmont Nation there are a number of other buildings think of no better way to thank Dan for his many years of service, than to bring his many Industries, Inc., a Nebraska company, to be and structures honoring the man credited with the contractor for this study. The goal of the bringing down the Berlin Wall. He has re- accomplishments to light in front of this body of Congress. study is to help prevent and reduce ceived numerous awards for his contributions desertification in Western China, thereby im- to world peace, contributions that will manifest A Colorado native, Dan was born in Denver, where he also attended high school. He then proving the air quality in Beijing and other themselves for many years to come. Western areas and improving the areas imme- But, Mr. Speaker, I can only assume that received his Bachelors Degree in Political diately surrounding the desert. The study will few honors means as much to President Science from the University of Kansas, and examine Valmont’s pivot irrigation tech- Reagan as the naming of a naval vessel as his Jurist Doctorate from Denver College of nologies and how they can be utilized to best mighty as this one that will navigate the Law. Dan is currently a corporate attorney for prevent the desert from expanding. oceans protecting the ideals and values that Tele Tech Holdings, Inc. he embraced and cherished. Dan was first elected to the house in 1996, Furthermore, under the administration of Mr. Speaker, I hope to attend the commis- and has since served on countless commit- President Bush, the Director of the TDA has sioning next year, the final ceremonial exer- tees, working to improve the lives of those in refocused its priorities so that program activi- cise before the ship begins her long and, what Denver and in Arapahoe County. He has ties support important policy initiatives and ob- will certainly be, illustrious voyage. As much served diligently on the Judiciary, Agricultural, jectives, such as reconstruction efforts in Af- as I look forward to this event, I am equally Livestock and Natural Resources Committees ghanistan. For example, TDA continues its co- disappointed that I cannot attend a special and is currently serving on the Executive operation with Afghan officials to address in- ceremony today in Newport News, VA, aboard Committee and the Veterans and Military af- frastructure, pipeline, airport, hotel develop- the USS Ronald Reagan. fairs committee. Dan also served as the ment and telecommunications initiatives. A close friend and former constituent of House Minority Leader for the 2001 and 2002 Another priority of the TDA is to support mine, Chas Fagan, will present to the ship a legislative sessions. During his time in the program activities in Africa. To demonstrate bust of President Reagan. A highly talented House, he has passionately dedicated himself this, in October 2001, President Bush an- artist and native of Pennsylvania, Mr. Fagan to the issues of growth management, the envi- nounced the establishment of an Africa Re- was commissioned to create the artwork of the ronment, education and crime reduction. gional Trade Development Office under TDA. former President, which will be placed in the Dan’s compassion and philanthropic spirit In July 2002, TDA opened an office in South ship’s museum room located in the quarter- goes beyond the walls of his office, and has Africa, which will help develop infrastructure deck. The likeness is strikingly clear, capturing touched the lives of many Coloradans. He is and trade opportunities for the continent. For the President’s confident expression that came a member of the anti-defamation League, the instance, in Nigeria, TDA allocated funds for to epitomize America’s renaissance as the de- Civil Rights Committee, Colorado Common the development of fertilizer production, power fender of the free world. Cause, is a former board member of the generation and agricultural irrigation. The bust, itself, is a profile of the President Democratic Leadership Council, and is also in- It has come to my attention that the demand affixed to a piece of the Berlin Wall. The jux- volved in his temple, Temple Emanuel. A true for TDA’s services during FY2002 has been taposition of the bust and Berlin Wall sym- Coloradan, Dan spends his free time outdoors, tremendous. Moreover, in light of priorities bolize President Reagan’s greatest legacy: the running, skiing, and biking. such as Afghanistan, the demands on TDA collapse of the Iron Curtain and reunification Mr. Speaker, I am positive that Dan’s col- are expected to increase in FY2003. of Europe. It is a legacy matched by few indi- leagues and constituents will sorely miss the Mr. Speaker, a little money goes a long way viduals throughout the course of human his- leadership and compassion that he consist- at TDA. As a result, this Member urges his tory. ently gave to the State of Colorado, and I colleagues to continue to support TDA.

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HIGHLIGHTS Senate agreed to the conference report on S. 1214, Port and Maritime Security Act. The House passed H.R. 5708, to reduce preexisting PAGO balances. The House agreed to Senate amendments with amendments to H.R. 5063, to extend Temporary Assistance for Needy Families (TANF) and Temporary Extended Unemployment Compensation. The House agreed to the conference report to accompany H.R. 3210, Terrorism Risk Insurance Act. The House agreed to the conference report to accompany S. 1214, Port and Maritime Security Act clearing the measure for the President. The House agreed to the conference report to accompany H.R. 4628, Intellignece Authorization Act. The House agreed to the Senate amendment to H.R. 333, Bankruptcy Reform Act, with an amendment. Senate S. 2541, to amend title 18, Unites States Code, Chamber Action to establish penalties for aggravated identity theft. Routine Proceedings, pages S10973–S11032 S. 2934, to amend title 36, United States Code, Measures Introduced: Fourteen bills and three res- to clarify the requirements for eligibility in the olutions were introduced, as follows: S. 3156–3169, American Legion. S.J. Res. 53, and S. Res. 356–357. (See next issue.) S. Con. Res. 94, expressing the sense of Congress that public awareness and education about the im- Measures Reported: portance of health care coverage is of the utmost pri- H.R. 3180, to consent to certain amendments to ority and that a National Importance of Health Care the New Hampshire-Vermont Interstate School Coverage Month should be established to promote Compact. that awareness and education. (See next issue.) H.R. 3988, to amend title 36, United States Code, to clarify the requirements for eligibility in Measures Passed: the American Legion. Wellstone Community Center: Senate passed S. S. 1655, to amend title 18, United States Code, 3156, to provide a grant for the construction of a to prohibit certain interstate conduct relating to ex- new community center in St. Paul, Minnesota, in otic animals, with an amendment in the nature of a honor of the late Senator Paul Wellstone and his be- substitute. loved wife, Sheila. Pages S11000–01 S. 2480, to amend title 18, United States Code, Restore Your Identity Act: Senate passed S. 1742, to exempt qualified current and former law enforce- to prevent the crime of identity theft, and mitigate ment officers from state laws prohibiting the car- the harm to individuals victimized by identity theft, rying of concealed handguns, with amendments. after agreeing to a committee amendment in the na- S. 2520, to amend title 18, United States Code, ture of a substitute, and the following amendment with respect to the sexual exploitation of children, proposed thereto: (See next issue.) with an amendment in the nature of a substitute. Reid (for Cantwell) Amendment No. 4954, in the nature of a substitute. (See next issue.) D1148 November 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1149 Unemployment Compensation Extension: Senate ment of a volume consisting of the transcripts of the passed H.R. 3529, to provide tax incentives for eco- ceremonial meeting of the House of Representatives nomic recovery and assistance to displaced workers, and Senate in New York on September 6, 2002, and after agreeing to the following amendment proposed a collection of statements by Members of the House thereto: (See next issue.) of Representatives and Senate from the Congressional Clinton Amendment No. 4960, in the nature of Record on the terrorist attacks of September 11, a substitute. (See next issue.) 2001. (See next issue.) Webcasting Licensing: Senate passed H.R. 5469, Commending Anaheim Angels: Senate agreed to to amend title 17, United States Code, with respect S. Res. 357, commending and congratulating the to the statutory license for webcasting, after agreeing Anaheim Angels for their remarkable spirit, resil- to the following amendment proposed thereto: ience, and athletic discipline in winning the 2002 (See next issue.) World Series. (See next issue.) Reid (for Helms) Amendment No. 4955, in the nature of a substitute. (See next issue.) Health Care Coverage: Senate agreed to S. Con. Res. 94, expressing the sense of Congress that public Afghanistan Freedom Support Act: Senate passed awareness and education about the importance of S. 2712, to authorize economic and democratic de- health care coverage is of the utmost priority and velopment assistance for Afghanistan and to authorize military assistance for Afghanistan and certain that a National Importance of Health Care Coverage other foreign countries, after agreeing to a com- Month should be established to promote that aware- mittee amendment in the nature of a substitute, and ness and education. (See next issue.) the following amendment proposed thereto: Private Relief: Senate passed H.R. 3758, for the (See next issue.) relief of So Hyun Jun, clearing the measure for the Reid (for Hagel) Amendment No. 4956, to make President. (See next issue.) managers’ amendments. (See next issue.) Prosecutorial Remedies and Tools Against the National Day of Prayer and Fasting: Senate Exploitation of Children Today Act: Senate passed agreed to S. Con. Res. 155, affirming the importance S. 2520, to amend title 18, United States Code, of a national day of prayer and fasting, and express- with respect to the sexual exploitation of children, ing the sense of Congress that November 27, 2002, after agreeing to a committee amendment in the na- should be designated as a national day of prayer and ture of a substitute. (See next issue.) fasting. (See next issue.) Commending Sail Boston/Maritime Heritage of American Legion Eligibility: Senate passed S. Nations: Committee on Commerce, Science, and 2934, to amend title 36, United States Code, to Transportation was discharged from further consider- clarify the requirements for eligibility in the Amer- ation of S.J. Res. 42, commending Sail Boston for ican Legion. (See next issue.) its continuing advancement of the maritime heritage American Legion Eligibility: Senate passed H.R. of nations, its commemoration of the nautical history 3988, to amend title 36, United States Code, to of the United States, and its promotion, encourage- clarify the requirements for eligibility in the Amer- ment, and support of young cadets through training, ican Legion. (See next issue.) and the resolution was then passed. (See next issue.) Senate Compensation: Senate agreed to S. Res. Wireless Telecommunication Alternatives: Com- 356, paying a gratuity to Trudy Lapie mittee on Commerce, Science, and Transportation (See next issue.) was discharged from further consideration of S. Armed Forces Domestic Security Act: Senate 2869, to facilitate the ability of certain spectrum passed H.R. 5590, to amend title 10, United States auction winners to pursue alternative measures re- Code, to provide for the enforcement and effective- quired in the public interest to meet the needs of ness of civilian orders of protection on military in- wireless telecommunications consumers, and the bill stallations, clearing the measure for the President. was then passed, after agreeing to the following (See next issue.) amendment proposed thereto: (See next issue.) Relative to 108th Congress: Senate agreed to S.J. Reid (for Kerry) Amendment No. 4957, in the Res. 53, relative to the convening of the first session nature of a substitute. (See next issue.) of the One Hundred Eighth Congress. Dam Safety and Security Act: Senate passed (See next issue.) H.R. 4727, to reauthorize the national dam safety Printing Authorization: Senate passed H. Con. program, clearing the measure for the President. Res 487, authorizing the printing as a House docu- (See next issue.) D1150 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2002 North American Wetlands Conservation Reau- cloture on Thompson (for Gramm) Amendment No. thorization Act: Senate passed H.R. 3908, to reau- 4901, listed above. thorize the North American Wetlands Conservation Port and Maritime Security Act—Conference Re- Act, after agreeing to committee amendments. port: By a unanimous vote of 95 yeas (Vote 243), (See next issue.) Senate agreed to the conference report on S. 1214, NSF Authorization: Committee on Health, Edu- to amend the Merchant Marine Act, 1936, to estab- cation, Labor and Pensions was discharged from fur- lish a program to ensure greater security for United ther consideration of H.R. 4664, to authorize appro- States seaports. Pages S10974–93 priations for fiscal years, 2003, 2004, 2005, 2006, and 2007 for the National Science Foundation, and Appointments to Commission—Agreement: A the bill was then passed, after agreeing to the fol- unanimous-consent was reached providing that not- lowing amendments proposed thereto: withstanding the sine die adjournment of the Senate, (See next issue.) the President of the Senate, the President of the Sen- Reid (for Kennedy) Amendment No. 4958, in the ate pro tempore, and the majority and minority lead- nature of a substitute. (See next issue.) ers be authorized to make appointments to commis- Reid (for Kennedy) Amendment No. 4959, to sions, committees, boards, conferences, or inter- amend the title. (See next issue.) parliamentary conferences authorized by law, by concurrent action of the two Houses, or by order of the Armed Forces Tax Fairness Act: Senate passed Senate. (See next issue.) H.R. 5557, to amend the Internal Revenue Code of 1986 to provide a special rule for members of uni- Removal of Injunction of Secrecy: The junction of formed services and Foreign Service in determining secrecy was removed from the following treaties: the exclusion of gain from the sale of a principal res- Convention with Great Britain and Northern Ire- idence and to restore the tax exempt status of death land regarding Double Taxation and Prevention of gratuity payments to members of the uniformed Fiscal Evasion (Treaty Doc. No. 107–19); and services, after agreeing to the following amendment Protocol Amending Convention with Australia re- proposed thereto: (See next issue.) garding Double Taxation and Prevention of Fiscal Reid (for Baucus) Amendment No. 4961, to pro- Evasion (Treaty Doc. No. 107–20). vide additional tax equity for military personnel. The treaties were transmitted to the Senate today, (See next issue.) considered as having been read for the first time, and Homeland Security Act: Senate continued consider- referred, with accompanying papers, to the Com- ation of H.R. 5005, to establish the Department of mittee on Foreign Relations and ordered to be print- Homeland Security, taking action on the following ed. (See next issue.) amendments proposed thereto: Treaties Approved: The following treaties having Pages S11002–30 (continued next issue) passed through their various parliamentary stages, up Withdrawn: to and including the presentation of the resolution Durbin Amendment No. 4906 (to Amendment of ratification, upon division, two-thirds of the Sen- No. 4902), to provide for the development of a com- ators present and having voted in the affirmative, the prehensive enterprise architecture for information resolutions of ratification were agreed to: systems to achieve interoperability within and be- Treaty with Honduras for Return of Stolen, tween agencies with responsibility for homeland se- Robbed, and Embezzled Vehicles and Aircraft, with curity. Pages S11011–21 Annexes and Exchange of Notes (Treaty Doc. Pending: Thompson (for Gramm) Amendment No. 4901, 107–15); in the nature of a substitute. Extradition Treaty with Peru (Treaty Doc. Pages S22003–40 (continued next issue) 107–6), with one understanding and one condition; Lieberman/McCain Amendment No. 4902 (to Extradition Treaty with Lithuania (Treaty Doc. Amendment No. 4901), to establish within the leg- 107–4), with one condition; islative branch the National Commission on Ter- Second Protocol Amending Extradition Treaty rorist Attacks Upon the United States. with Canada (Treaty Doc. 107–11); Page S11002 (continued next issue) Treaty with Belize on Mutual Legal Assistance in Dodd Amendment No. 4951 (to Amendment No. Criminal Matters (Treaty Doc. 107–13), with one 4902), to provide for workforce enhancement grants understanding and two conditions; to fire departments. Page S11024 (continued next issue) Treaty with India on Mutual Legal Assistance In Senate will continue consideration of the bill on Criminal Matters (Treaty Doc. 107–3), with one un- Friday, November 15, 2002, with a vote to invoke derstanding and two conditions; November 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1151 Treaty with Ireland on Mutual Legal Assistance in Rebecca Dye, of North Carolina, to be a Federal Criminal Matters (Treaty Doc. 107–9), with one un- Maritime Commissioner for the term expiring June derstanding and two conditions; and 30, 2005. Treaty with Liechtenstein on Mutual Legal Assist- Nancy C. Pellett, of Iowa, to be a Member of the ance in Criminal Matters (Treaty Doc. 107–16), Farm Credit Administration Board, Farm Credit Ad- with one understanding and two conditions. ministration for a term expiring May 31, 2008. (See next issue.) Ellen R. Sauerbrey, of Maryland, for the rank of Executive Session—Motion to Proceed: The mo- Ambassador during her tenure of service as the Rep- tion to proceed to Executive Session to consider the resentative of the United States of America on the nomination of Eugene Scalia, of Virginia, to be So- Commission on the Status of Women of the Eco- licitor for the Department of Labor, as not agreed to. nomic and Social Council of the United Nations. (See next issue.) Daniel L. Hovland, of North Dakota, to be Nominations Confirmed: Senate confirmed the fol- United States District Judge for the District of lowing nominations: North Dakota. Dennis P. Walsh, of Maryland, to be a Member Thomas W. Phillips, of Tennessee, to be United of the National Labor Relations Board for the term States District Judge for the Eastern District of Ten- of five years expiring December 16, 2004. nessee. Collister Johnson, Jr., of Virginia, to be a Member Linda R. Reade, of Iowa, to be United States Dis- of the Board of Directors of the Overseas Private In- trict Judge for the Northern District of Iowa. vestment Corporation for a term expiring December Quanah Crossland Stamps, of Virginia, to be 17, 2004. (Reappointment) Commissioner of the Administration for Native John M. Rogers, of Kentucky, to be United States Americans, Department of Health and Human Serv- Circuit Judge for the Sixth Circuit. ices. Stanely R. Chesler, of New Jersey, to be United Jonathan Steven Adelstein, of South Dakota, to be States District Judge for the District of New Jersey. a Member of the Federal Communications Commis- William J. Martini, of New Jersey, to be United sion for the remainder of the term expiring June 30, States District Judge for the District of New Jersey. 2003. Ronald B. Leighton, of Washington, to be United Alia M. Ludlum, of Texas, to be United States States District Judge for the Western District of District Judge for the Western District of Texas. Washington. Joel Kahn, of Ohio, to be a Member of the Na- David Gelernter, of Connecticut, to be a Member tional Council on Disability for a term expiring Sep- of the National Council on the Arts for a term ex- tember 17, 2004. piring September 3, 2006. Patricia Pound, of Texas, to be a Member of the Rene Acosta, of Virginia, to be a Member of the National Council on Disability for a term expiring National Labor Relations Board for the remainder of September 17, 2005. (Reappointment) the term expiring August 27, 2003. Linda Wetters, of Ohio, to be a Member of the Phyllis K. Fong, of Maryland, to be Inspector National Council on Disability for a term expiring General, Department of Agriculture. September 17, 2003. Juan R. Olivarez, of Michigan, to be a Member Roger P. Nober, of Maryland, to be a Member of of the National Institute for Literacy Advisory Board the Surface Transportation Board for a term expiring for a term of one year. (New Position) December 31, 2005. Carol C. Gambill, of Tennessee, to be a Member Robert G. Klausner, of California, to be United of the National Institute for Literacy Advisory Board States District Judge for the Central District of Cali- for a term of three years. (New Position) fornia. Kyle E. McSlarrow, of Virginia, to be Deputy Sec- James E. Kinkeade, of Texas, to be United States retary of Energy. District Judge for the Northern District of Texas David McQueen Laney, of Texas, to be a Member William E. Smith, of Rhode Island, to be United of the Reform Board (Amtrak) for a term of five States District Judge for the District of Rhode Is- years. land. Peter Schaumber, of the District of Columbia, to Peggy Goldwater-Clay, of California, to be a be a Member of the National Labor Relations Board Member of the Board of Trustees of the Barry Gold- for the term of five years expiring August 27, 2005. water Scholarship and Excellence in Education Foun- John Randle Hamilton, of North Carolina, to be dation for a term expiring June 5, 2006. Ambassador to the Republic of Guatemala. (Reappointment) D1152 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2002

Jeffrey S. White, of California, to be United States Peter Hero, of California, to be a Member of the District Judge for the Northern District of Cali- National Museum Services Board for a term expiring fornia. December 6, 2006. Kent A. Jordan, of Delaware, to be United States Thomas E. Lorentzen, of California, to be a Mem- District Judge for the District of Delaware. ber of the National Museum Services Board for a Otis Webb Brawley, Jr., of Georgia, to be a term expiring December 6, 2006. Member of the Board of Regents of the Uniformed David N. Greenlee, of Maryland, to be Ambas- Services University of the Health Sciences for a term sador to the Republic of Bolivia. expiring June 20, 2003. James M. Stephens, of Virginia, to be a Member Wayne Abernathy, of Virginia, to be an Assistant of the Occupational Safety and Health Review Com- Secretary of the Treasury. mission for a term expiring April 27, 2005. Mark E. Fuller, of Alabama, to be United States Maura Ann Marty, of Florida, to be an Assistant District Judge for the Middle District of Alabama. Secretary of State (Consular Affairs). Rosemary M. Collyer, of Maryland, to be United Peter DeShazo, of Florida, Career Member of the States District Judge for the District of Columbia. Senior Foreign Service, Class of Minister-Counselor, Robert B. Kugler, of New Jersey, to be United for the rank of Ambassador during tenure of service States District Judge for the District of New Jersey. as Deputy Permanent Representative of the United States of America to the Organization of American Jose L. Linares, of New Jersey, to be United States States. District Judge for the District of New Jersey. John L. Morrison, of Minnesota, to be a Member Freda L. Wolfson, of New Jersey, to be United of the Board of Directors of the Overseas Private In- States District Judge for the District of New Jersey. vestment Corporation for a term expiring December John F. Keane, of Virginia, to be Ambassador to 17, 2004. the Republic of Paraguay. John Portman Higgins, of Virginia, to be Inspec- Kim R. Holmes, of Maryland, to be an Assistant tor General, Department of Education. Secretary of State (International Organizations). Philip Merrill, of Maryland, to be President of the Irene B. Brooks, of Pennsylvania, to be a Commis- Export-Import Bank of the United States for the re- sioner on the part of the United States on the Inter- mainder of the term expiring January 20, 2005. national Joint Commission, United States and Can- Robert J. Battista, of Michigan, to be a Member ada. of the National Labor Relations Board for the term Allen I. Olson, of Minnesota, to be a Commis- of five years expiring December 16, 2007. sioner on the part of the United States on the Inter- Wilma B. Liebman, of the District of Columbia, national Joint Commission, United States and Can- to be a Member of the National Labor Relations ada. Board for the term of five years expiring August 27, Philip N. Hogen, of South Dakota, to be Chair- 2006. man of the National Indian Gaming Commission for J. Cofer Black, of Virginia, to be Coordinator for the term of three years. Counterterrorism with the rank and status of Am- Judith Ann Rapanos, of Michigan, to be a Mem- bassador at Large. ber of the National Museum Services Board for a Blanquita Walsh Cullum, of Virginia, to be a term expiring December 6, 2002. Member of the Broadcasting Board of Governors for Judith Ann Rapanos, of Michigan, to be a Mem- term expiring August 13, 2005. ber of the National Museum Services Board for a Routine lists in the Coast Guard, which were dis- term expiring December 6, 2007. (Reappointment) charged from the Committee on Commerce, Science, Beth Walkup, of Arizona, to be a Member of the and Transportation, and in the Foreign Service. National Museum Services Board for a term expiring Pages S11031–32 (continued next issue) December 6, 2003. Nominations Received: Senate received the fol- Nancy S. Dwight, of New Hampshire, to be a lowing nominations: Member of the National Services Board for a term Harlon Eugene Costner, of North Carolina, to be expiring December 6, 2005. United States Marshal for the Middle District of A. Wilson Greene, of Virginia to be a Member of North Carolina for the term of four years. the National Museum Services Board for a term ex- Richard Zenos Winget, of Nevada, to be United piring December 6, 2004. States Marshal for the District of Nevada. Maria Mercedes Guillemard, of Puerto Rico, to be Daniel Pearson, of Minnesota, to be a Member of a Member of the National Museum Services Board the United States International Trade Commission for a term expiring December 6, 2005. for the term expiring June 16, 2011. November 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1153 James M. Loy, of Virginia, to be Under Secretary and Kevin J. O’Connor, to be United States Attor- of Transportation for Security for a term of five ney for the District of Connecticut; years. S. 2480, to amend title 18, United States Code, 1 Army nomination in the rank of general. to exempt qualified current and former law enforce- Routine lists in the Army, Navy. Pages S11030–31 ment officers from state laws prohibiting the car- Messages From the House: (See next issue.) rying of concealed handguns, with amendments; S. 1655, to amend title 18, United States Code, Measures Placed on Calendar: (See next issue.) to prohibit certain interstate conduct relating to ex- Executive Communications: (See next issue.) otic animals, with an amendment in the nature of a Executive Reports of Committees: (See next issue.) substitute; S. 2934, to amend title 36, United States Code, Additional Cosponsors: (See next issue.) to clarify the requirements for eligibility in the Statements on Introduced Bills/Resolutions: American Legion; (See next issue.) H.R. 3988, to amend title 36, United States Additional Statements: (See next issue.) Code, to clarify the requirements for eligibility in the American Legion; Amendments Submitted: (See next issue.) S. 2541, to amend title 18, United States Code, Authority for Committees to Meet: (See next issue.) to establish penalties for aggravated identify theft; Privilege of the Floor: (See next issue.) H.R. 3180, to consent to certain amendments to the New Hampshire-Vermont Interstate School Record Votes: One record vote was taken today. Compact; (Total—243) Pages S10992–93 S. 2520, to amend title 18, United States Code, Adjournment: Senate met at 9:30 a.m., and ad- with respect to the sexual exploitation of children, journed at 10:46 p.m. until 9:45 a.m., on Friday, with an amendment in the nature of a substitute; November 15, 2002. (For Senate’s program, see the and remarks of the Acting Majority Leader in the next S. Con. Res. 94, expressing the sense of Congress issue of the Record.) that public awareness and education about the importance of health care coverage is of the utmost priority and that a National Importance of Health Care Committee Meetings Coverage Month should be established to promote (Committees not listed did not meet) that awareness and education. TERRORISM REPORT NOMINATION Committee on the Judiciary: Subcommittee on Tech- Committee on Foreign Relations: Committee concluded nology, Terrorism, and Government Information hearings on the nominations of Mary Carlin Yates, held hearings to examine the current state of na- of Oregon, to be Ambassador to the Republic of tional preparedness against terrorism, focusing on the Ghana, after the nominee testified and answered October 2002 Hart-Rudman Terrorism Task Force questions in her own behalf. Report, after receiving testimony from former Sen- ator Warren Rudman, Cmdr. Stephen E. Flynn, BUSINESS MEETING USCG (Ret.), Council on Foreign Relations, New Committee on the Judiciary: Committee ordered favor- York, New York, and Philip A. Odeen, TRW, Inc., ably reported the following business items: The Arlington, Virginia, all on behalf of the Council on nominations of Dennis W. Shedd, of South Carolina, Foreign Relations Independent Task Force on Home- to be United States Circuit Judge for the Fourth land Security; and Colonel Randall J. Larsen, USAF Circuit, Michael W. McConnell, of Utah, to be (Ret.), ANSER Institute for Homeland Security, Ar- United States Circuit Judge for the Tenth Circuit, lington, Virginia. D1154 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2002 House of Representatives succeeding fiscal years if the President submits a Chamber Action budget that projects an on-budget balance or an on- Measures Introduced: 30 public bills, H.R. budget surplus by fiscal year 2008 by recorded vote 5728–5757; and 8 resolutions, H.J. Res. 125; H. of 187 ayes to 201 noes, Roll No. 481. Con. Res. 518–520, and H. Res. 613–616, were in- (See next issue.) troduced. (See next issue.) H. Res. 602, the rule that provided for consider- Reports Filed: Reports were filed today as follows: ation of the bill was agreed to on Nov. 13. H.R. 1452, to amend the Immigration and Na- (See next issue.) tionality Act to permit certain long-term permanent Technical Amendments to the Social Security resident aliens to seek cancellation of removal under Act—Extensions of Temporary Assistance for such Act, amended (H. Rept. 107–785); Needy Families (TANF) and Temporary Ex- H.R. 5334, to ensure that a public safety officer tended Unemployment Compensation: The House who suffers a fatal heart attack or stroke while on agreed to the motion to concur in the Senate amend- duty shall be presumed to have died in the line of ments with amendments to H.R. 5063, to amend duty for purposes of public safety officer survivor the Internal Revenue Code of 1986 to provide a spe- benefits (H. Rept. 107–786); cial rule for members of the uniformed services in H.R. 2458, to enhance the management and pro- determining the exclusion of gain from the sale of motion of electronic Government services and proc- a principal residence and to restore the tax exempt esses by establishing a Federal Chief Information Of- status of death gratuity payments to members of the ficer within the Office of Management and Budget, uniformed services. The text amendment in the na- and by establishing a broad framework of measures ture of a substitute was printed in H. Rept. that require using Internet-based information tech- 107–784, the report accompanying the rule. The nology to enhance citizen access to Government information and services, amended (H. Rept. 107–787, title was amended so as to read: ‘‘An Act to make part 1); technical amendments to the Social Security Act and Report of the Joint Economic Committee on the related Acts.’’. (See next issue.) 2002 Economic Report of the President (H. Rept. Agreed to H. Res. 609, the rule that provided for 107–788); and consideration of the Senate amendments with Conference report on H.R. 4628, a bill to author- amendments by recorded vote of 245 ayes to 137 ize appropriations for fiscal year 2003 for intel- noes, Roll No. 480. Earlier agreed to order the pre- ligence and intelligence-related activities of the vious question by a yea-and-nay vote of 207 yeas to United States Government, the Community Manage- 198 nays, Roll No. 479. Pages H8757–64 ment Account, and the Central Intelligence Agency Terrorism Risk Insurance Act: The House agreed Retirement and Disability System (H. Rept. to the conference report to accompany H.R. 3210, to 107–789). Pages H8764–84 ensure the continued financial capacity of insurers to Private Calendar: On the call of the Private Cal- provide coverage for risks from terrorism. endar the House passed over without prejudice H.R. Pages H8738–41 392, for the relief of Nancy B. Wilson. Subsequently Earlier, agreed to H. Res. 607, the rule that the House passed H.R. 3758, for the relief of So waived points of order against the conference report Hyun Jun. Pages H8736–37 by voice vote. (See next issue.) Recess: the House recessed at 1:58 p.m. and recon- Port and Maritime Security Conference Report: vened at 3:15 p.m. Pages H8741–42 The House agreed to the conference report to accom- Reduction of Preexisting PAGO Balances: The pany S. 1214, to amend the Merchant Marine Act, House passed H.R. 5708, to reduce preexisting 1936, to establish a program to ensure greater secu- PAGO balances by recorded vote by 366 ayes to 19 rity for United States seaports—clearing the measure for the President. (See next issue.) noes, Roll No. 482. (See next issue.) Rejected the Moore motion to recommit the bill Earlier, agreed to H. Res. 605, the rule that to the Committee on the Budget with instructions waived points of order against the conference report to report it back to the House forthwith with an by voice vote. Pages H8737–38 amendment that reduces balances in fiscal years Recess: The House recessed at 10:08 p.m. and re- 2002 and 2003 and further reduces all balances in convened at 11:10 p.m. (See next issue.) November 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1155 Intelligence Authorization Conference Report: Bainbridge Island Study: The House passed H.R. The House agreed to the conference report to accom- 3747, to direct the Secretary of the Interior to con- pany H.R. 4628, a bill to authorize appropriations duct a study of the site commonly known as for fiscal year 2003 for intelligence and intelligence- Eagledale Ferry Dock at Taylor Avenue in the State related activities of the United States Government, of Washington for potential inclusion in the Na- the Community Management Account, and the Cen- tional Park System. (See next issue.) tral Intelligence Agency Retirement and Disability Caribbean Forest Wilderness: The House passed System, by a yea-and-nay vote of 366 yeas to 3 nays, H.R. 3955, amended, to designate certain National Roll No. 483. (See next issue.) Forest System lands in the Commonwealth of Puerto The conference report was considered by unani- Rico as components of the National Wilderness (See next issue.) mous consent. Preservation System. (See next issue.) Point of Order Sustained Against Bankruptcy Hydrographic Services et al.: The House passed Conference Report: The Chair sustained the Blunt H.R. 4883, to reauthorize the Hydrographic Services point of order under clause 9 of rule 22 that the Improvement Act of 1998. (See next issue.) conference report to accompany H.R. 333, to amend title 11, United States Code, included matter outside Salt River Bay Park Boundary: The House passed the scope of the differences between the two Houses H.R. 5097, amended, to adjust the boundaries of the that were committed to the conference committee Salt River Bay National Historical Park and Ecologi- for resolution. Representative Blunt specifically cited cal Preserve located in St. Croix, Virgin Islands. section 331 of the conference report, which was de- (See next issue.) scribed in the joint explanatory statement of the Mount Rainier Boundary Adjustment: The House managers as having no counterpart in either the passed H.R. 5512, amended, to provide for an ad- House bill or Senate amendment. (See next issue.) justment of the boundaries of Mount Rainier Na- Earlier, the House failed to agree to H. Res. 606, tional Park. (See next issue.) the rule that sought to waive points of order against Yavapai Indians Land Exchange: The House the conference report to accompany H.R. 333, and passed H.R. 5513, amended, to authorize and direct against its consideration, by a yea-and-nay vote of the exchange of certain land in the State of Arizona 172 yeas to 243 nays, Roll No. 478. Pages H8742–57 between the Secretary of Agriculture and Yavapai Bankruptcy Reform: The House agreed to the Sen- Ranch Limited Partnership. Agreed to amend the ate amendment to H.R. 333, to amend title 11, title. (See next issue.) United States Code, with an amendment by a re- Pittman-Roberts Wildlife Conservation et al.: corded vote of 244 yes to 116 noes, Roll No. 484. The House passed S. 990, amended, to amend the Earlier, Representative Gekas moved that the House Pittman-Robertson Wildlife Restoration Act to im- recede from disagreement to the Senate amendment to the bill, and concur therein with an amendment prove the provisions relating to wildlife conservation that, in lieu of the matter proposed to be inserted and restoration programs. (See next issue.) by the Senate amendment, inserts the matter after POW/MIA Flag Display: The House passed S. the enacting clause in H.R. 5745, to amend title 11 1226, to require the display of the POW/MIA flag of the United States Code, as introduced on Novem- at the World War II memorial, the Korean War ber 14, 2002. (See next issue.) Veterans Memorial, and the Vietnam Veterans Me- Committee on Rules Resolutions: H. Res. 586, morial—clearing the measure for the President. 587, 601, 603, and 608 were laid on the table. (See next issue.) (See next issue.) Haines, Oregon Land Exchange: The House passed National Park Service Design Commission: The S. 1907, to direct the Secretary of the Interior to House agreed to H. Res. 591, expressing the sense convey certain land to the city of Haines, Oregon— of the House of Representatives that the National clearing the measure for the President. Park Service should form a committee for the pur- (See next issue.) pose of establishing guidelines to launch a national Old Spanish Trail: The House passed S. 1946, to design competition. (See next issue.) amend the National Trails System Act to designate Commemorative Work to Honor President John the Old Spanish Trail as a National Historic Trail— Adams: The House passed H.J. Res. 117, approving clearing the measure for the President. the location of the commemorative work in the Dis- (See next issue.) trict of Columbia honoring former President John Indian Financing Act: The House passed S. 2017, Adams. (See next issue.) amended, to amend the Indian Financing Act of D1156 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2002 1974 to improve the effectiveness of the Indian loan pointed Representatives Armey and Gephardt to the guarantee and insurance program. (See next issue.) Committee. (See next issue.) Big Sur Wilderness: The House passed H.R. 4750, Resignations—Appointments: Agreed that not- amended, to designate certain lands in the State of withstanding the adjournment of the Second Session California as components of the National Wilderness of the One Hundred Seventh Congress, the Speaker, Preservation System. (See next issue.) Majority Leader, and Minority Leader be authorized Consideration of Compound Request: The Chair to accept resignations and to make appointments au- announced that he would entertain the following thorized by law or by the House. (See next issue.) compound request under the Speaker’s Guidelines as Extension of Remarks for Committee Leader- recorded on page 712 of the House Rules and Man- ship: Agreed that the chairman and ranking minor- ual with assurances that it has been cleared by the ity member of each standing committee and each bipartisan floor and committee leadership. It was subcommittee be permitted to extend their remarks then agreed by unanimous consent that the House in the record, up to and including the record’s last be considered to have: publication, and to include a summary of the work 1. Discharged from committee and passed H.R. of that committee or subcommittee. (See next issue.) 5334, H.R. 5436, H.R. 5738, S. 1010, H.R. 5716, Extension of Remarks for House Members: H.R. 5499, S. 2239, H.R. 5280, H.R. 5586, H.R. Agreed that members have until publication of the 5609, H.R. 628, H.R. 629, H.R. 3775, H.R. 5495, last edition of the Congressional Record authorized H.R. 5604, H.R. 5611, H.R. 5728, and H.R. 5436; for the Second Session of the One Hundred Seventh 2. Taken from the Speaker’s table and passed S. Congress by the Joint Committee on Printing to re- 2712, S. 3044, and S. 3156 clearing the measures vise and extend their remarks and to include brief, for the President; related extraneous material on any matter occurring 3. Discharged from committee and agreed to H. before the adjournment of the Second Session Sine Res. 604, H. Con. Res. 499, H. Res. 582, H. Res. Die. (See next issue.) 599, and H. Res. 612; 4. Discharged from committee, amended and Convening of the First Session of the One Hun- passed S. 1843, in the form placed at the desk; dred Eighth Congress: The House passed S.J. Res. 5. Passed H.R. 5504, amended; 53, relative to the convening of the first session of 6. Passed H.R. 3429, amended; the One Hundred Eighth Congress at noon on Tues- 7. Discharged from committee, amended and day, January 7, 2003. (See next issue.) agreed to H. Con. Res. 466 in the form placed at Meeting Hour—Tuesday, Nov. 19: Agreed that the desk; when the House adjourns today, it adjourn to meet 8. Taken from the Speaker’s table and concurred at noon on Tuesday, Nov. 19. (See next issue.) in the respective Senate amendments to H.R. 4664, Speaker Pro Tempore: Read a letter from the H.R. 2621, H.R. 3609, H.R. 5469, and H.R. Speaker wherein he appointed Representative 3833—clearing the measures for the President; Gilchrest or Tom Davis of Virginia to sign enrolled 9. Taken from the Speaker’s table and amended S. bills and joint resolutions through the remainder of 2237, in the form placed at the desk; and the One Hundred Seventh Congress. (See next issue.) 10. That the committees being discharged be printed in the Record, the texts of each measure and National Science Foundation Authorization: The any amendment thereto be considered as read and House agreed to the Senate amendment to H.R. printed in the Record, and that motions to recon- 4664, to authorize appropriations for fiscal years sider each of these actions be laid upon the table. 2003, 2004, and 2005 for the National Science Further the Clerk was authorized to make technical Foundation clearing the measure for the President. corrections and conforming changes in the engross- (See next issue.) ment of the bills. North American Wetlands Conservation Act Re- Rules and Manual of the House of Representa- authorization: The House agreed to the Senate tives: The House agreed to H. Res. 614, providing amendments to H.R. 3908, to reauthorize the North for the printing of a revised edition of the Rules and American Wetlands Conservation Act clearing the Manual of the House of Representatives for the One measure for the President. (See next issue.) Hundred Eighth Congress. (See next issue.) Senate Message: Messages received from the Senate Committee to Notify the President: The House today appear on pages H8735–36 and H8757. agreed to H. Res. 615, providing for a committee of Referrals: S. 958, was referred to the Committee on two members to be appointed by the House to in- Resources, S. 2845 was referred to the Committee on form the President. Subsequently the Chair ap- the Judiciary, S. 3067 was referred to the Committee November 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1157 on Government Reform. S. 1742 was referred to the committee on Environment, Technology and Stand- Committees on the Judiciary and financial Services. ards of the Committee on Science held a joint hear- S.J. Res. 42 was referred to the Committees on ing on the following bills: H.R. 5395, Aquatic Transportation and Infrastructure and International Invasive Species Research Act; and H.R. 5396, Na- Relations. S. 3044, S. 3156, S. 2712, S. 2934, S. tional Aquatic Invasive Species Act of 2002. Testi- 2520, and S. Con. Res. 155 were held at the desk. mony was heard from Steve Williams, Director, U.S. (See next issue.) Fish and Wildlife Service, Department of the Inte- Quorum Calls—Votes: Three yea-and-nay votes rior; Timothy R. E. Keeney, Deputy Assistant Sec- and four recorded vote developed during the pro- retary, Oceans and Atmosphere, NOAA, Department ceedings of the House today and appear on pages of Commerce; Capt. Michael W. Brown, USCG, H8756–57, H8763, H8763–64 (continued next Chief, Office of Operating and Environmental Stand- issue). There were no quorum calls ards, U.S. Coast Guard, Department of Transpor- tation; Gregory M. Ruiz, Senior Scientist, Environ- Adjournment: The House met at 1 p.m. and ad- mental Research Center, Smithsonian Institution; journed at 3:05 a.m. on Friday, Nov. 15. and public witnesses. Committee Meetings f GILMORE COMMISSION NEW PUBLIC LAWS Committee on Armed Services: Subcommittee on Mili- (For last listing of Public Laws, see DAILY DIGEST, p. D1136) tary Procurement, hearing on the Advisory Panel to S. 1210, to reauthorize the Native American Assess Domestic Response Capabilities for Terrorism Housing Assistance and Self-Determination Act of Involving Weapons of Mass Destruction pending the 1996. Signed on November 13, 2002. (Public Law release of its fourth report. Testimony was heard 107–292) from James Gilmore, Chairman, Advisory Panel to S. 2690, to reaffirm the reference to one Nation Assess Domestic Response Capabilities for Terrorism under God in the Pledge of Allegiance. Signed on Involving Weapons of Mass Destruction. November 13, 2002. (Public Law 107–293) MERCURY—IN DENTAL AMALGAMS AND f VACCINES COMMITTEE MEETINGS FOR FRIDAY, Committee on Government Reform: Held a hearing titled ‘‘Mercury in Dental Amalgams and Vaccines: An Ex- NOVEMBER 15, 2002 amination of the Science.’’ Testimony was heard (Committee meetings are open unless otherwise indicated) from the following officials of the Department of Health and Human Services: Lawrence A. Tabak, Senate D.D.S., Director, National Institute of Dental and Committee on Governmental Affairs: to hold hearings to Craniofascial Research, NIH; and David W. Feigal, examine the nominations of Alejandro Modesto Sanchez, M.D., Director, Center for Devices and Radiological of Florida, and Andrew Saul and Gordon Whiting, both Health, FDA; and public witnesses. of New York, each to be a Member of the Federal Retire- ment Thrift Investment Board, 10 a.m., SD–342. AQUATIC INVASIVE SPECIES Committee on Resources: Subcommittee on Fisheries House Conservation, Wildlife and Oceans and the Sub- No Committee meetings are scheduled. D1158 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2002

Next Meeting of the SENATE Next Meting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Friday, November 15 12 noon, Tuesday, November 19

Senate Chamber House Chamber Program for Monday: Pro forma session. Program for Friday: After the transaction of any morning business (not to extend beyond 10 a.m.), the Majority Leader or his designee will be recognized. Also, at approximately 10 a.m., Senate may vote on the motion to proceed to the conference report on H.R. 3210, Ter- rorism Risk Protection Act; following which, Senate will continue consideration of H.R. 5005, Homeland Security Act, with a vote on the motion to invoke cloture on Thompson (for Gramm) Amendment No. 4901, in the nature of a substitute, to occur at 10:45 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gibbons, Jim, Nev., E2030 McCollum, Betty, Minn., E2017, E2045 Radanovich, George, Calif., E1997, Gilman, Benjamin A., N.Y., E2019, McGovern, James P., Mass., E2018, E2001, E2004, E2014 Ackerman, Gary L., N.Y., E2014 E2045 E2039, E2042 Ramstad, Jim, Minn., E2039 Baca, Joe, Calif., E2029 Gordon, Bart, Tenn., E2009 McInnis, Scott, Colo., E1995, E1997, Rodriguez, Ciro D., Tex., E2009 Barcia, James A., Mich., E2016, E2023, Green, Gene, Tex., E2035 E1998, E1999, E2001, E2003, E2004, Roukema, Marge, N.J., E2024 E2025, E2029, E2033 Greenwood, James C., Pa., E2022 E2006, E2007, E2009, E2035, E2037, Sanchez, Loretta, Calif., E2010, E2023, Bentsen, Ken, Tex., E2036, E2040 Hastings, Alcee L., Fla., E2021 E2039, E2040, E2041, E2042, E2043, E2024, E2025, E2026, E2028 Bereuter, Doug, Nebr., E2046 Hastings, Doc, Wash., E2005 E2044, E2046 Serrano, Jose´ E., N.Y., E1997, E2000, Berry, Marion, Ark., E2015 Hilliard, Earl F., Ala., E2013, E2015, McKeon, Howard P. ‘‘Buck’’, Calif., E2004 Borski, Robert A., Pa., E2005 E2029 E2024 Sherman, Brad, Calif., E2016 Brady, Kevin, Tex., E2034 Holt, Rush D., N.J., E2044 McKinney, Cynthia A., Ga., E2011 Skelton, Ike, Mo., E2012 Burton, Dan, Ind., E1999, E2002 Horn, Stephen, Calif., E2015 Maloney, Carolyn B., N.Y., E1996, Smith, Christopher H., N.J., E1995, Calvert, Ken, Calif., E2017 Hostettler, John N., Ind., E2027 E2000, E2044 E2022 Castle, Michael N., Del., E2006 Israel, Steve, N.Y., E2037, E2042 Meek, Carrie P., Fla., E2036, E2038 Smith, Nick, Mich., E2007 Cox, Christopher, Calif., E2031 Johnson, Eddie Bernice, Tex., E2008 Miller, Gary G., Calif., E2020 Coyne, William J., Pa., E2014 Johnson, Nancy L., Conn., E2015 Souder, Mark E., Ind., E2032 Miller, Jeff, Fla., E2024, E2026 Cummings, Elijah E., Md., E2017 Johnson, Timothy V., Ill., E1997, E2001 Moore, Dennis, Kansas, E2018 Stark, Fortney Pete, Calif., E2018 Davis, Jim, Fla., E2011 Kanjorski, Paul E., Pa., E2017 Stearns, Cliff, Fla., E2027 Davis, Jo Ann, Va., E2042 Kilpatrick, Carolyn C., Mich., E2027 Moran, James P., Va., E1995 Myrick, Sue Wilkins, N.C., E2031 Thompson, Mike, Calif., E2018 Deutsch, Peter, Fla., E2012, E2035 Kirk, Mark Steven, Ill., E2020, E2030 Udall, Mark, Colo., E1999, E2003, E2005 Dingell, John D., Mich., E2010 Kucinich, Dennis J., Ohio, E2013, E2014, Nadler, Jerrold, N.Y., E2005 Udall, Tom, N.M., E2008, E2032 Dooley, Calvin M., Calif., E2012 E2026 Ney, Robert W., Ohio, E1995, E1997, Duncan, John J., Jr., Tenn., E2007 LaFalce, John J., N.Y., E2025 E2001, E2004, E2007, E2007, E2010, Visclosky, Peter J., Ind., E2009 Edwards, Chet, Tex., E2000 Lampson, Nick, Tex., E2041 E2027, E2037, E2042 Walsh, James T., N.Y., E2014, E2030, Farr, Sam, Calif., E2028 Langevin, James R., R.I., E2020 Nussle, Jim, Iowa, E2008 E2043 Fletcher, Ernie, Ky., E2033 Lee, Barbara, Calif., E1998, E2002, E2035, Ortiz, Solomon P., Tex., E2029 Watson, Diane E., Calif., E2039 Forbes, J. Randy, Va., E2025, E2043 E2037 Paul, Ron, Tex., E2041 Weldon, Curt, Pa., E2043, E2046 Frost, Martin, Tex., E2044 Levin, Sander M., Mich., E2028, E2040 Putnam, Adam H., Fla., E2021 Woolsey, Lynn C., Calif., E2013, E2016, Gallegly, Elton, Calif., E2030 Lewis, Jerry, Calif., E2021, E2028 Quinn, Jack, N.Y., E2044 E2018

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

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