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, MONDAY, SEPTEMBER 9, 2002 No. 112 House of Representatives The House met at 12:30 p.m. and was cury in the environment by limiting the use Massoud was already a legend. His called to order by the Speaker pro tem- of mercury fever thermometers and improv- courage and wisdom served his own pore (Mr. DAN MILLER of Florida). ing the collection and proper management of people well. It also inspired freedom- mercury, and for other purposes. f loving people throughout the world, f and let me admit to that I was one of DESIGNATION OF THE SPEAKER those who was inspired by Commander PRO TEMPORE MORNING HOUR DEBATES Massoud. It was my honor to have com- The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Pursu- municated with him over the years as fore the House the following commu- ant to the order of the House of Janu- well as to go and meet him in Afghani- nication from the Speaker: ary 23, 2002, the Chair will now recog- stan about 5 years ago, meet him in WASHINGTON, DC, nize Members from lists submitted by one of his mountain retreats, one of his September 9, 2002. the majority and minority leaders for mountain holdouts, and strategize with I hereby appoint the Honorable DAN MIL- morning hour debates. The Chair will LER to act as Speaker pro tempore on this him on how to free Afghanistan from day. alternate recognition between the par- the grip of the Taliban. J. DENNIS HASTERT, ties, with each party limited to not to Commander Massoud, along with the Speaker of the House of Representatives. exceed 30 minutes, and each Member other leaders of the resistance against f except the majority leader, the minor- Soviet occupation, leaders like Abdul ity leader or the minority whip limited MESSAGE FROM THE SENATE Haq, were heroes in the truest sense of to not to exceed 5 minutes. the word. Massoud was never defeated A message from the Senate by Mr. The Chair recognizes the gentleman by those Soviet troops during the long MONAHAN, one of its clerks, announced from California (Mr. ROHRABACHER) for battle for Afghanistan. It is unfortu- that the Senate has passed with an 5 minutes. nate that after the Soviets were de- amendment in which the concurrence f feated that chaos and a lack of support of the House is requested, a bill of the from Afghanistan’s Western friends House of the following title: HONORING COMMANDER MASSOUD prevented Massoud and others from H.R. 5010. An act making appropriations Mr. ROHRABACHER. Mr. Speaker, unifying and democratizing their coun- for the Department of Defense for the fiscal today is the first anniversary of the year ending September 30, 2003, and for other try. Americans can be proud, however, purposes. murder of Commander Massoud, a lead- that we helped Commander Massoud The message also announced that the er of the anti-Taliban forces in north- and the Afghan freedom fighters, peo- Senate insists upon its amendment to ern Afghanistan. Two days before the ple like Abdul Haq, as I say, in their the bill (H.R. 5010) ‘‘An Act making ap- attack on the United States, bin fight to thwart Soviet aggression, but propriations for the Department of De- Laden’s terrorists, posing as journal- we should be ashamed that we walked fense for the fiscal year ending Sep- ists, killed Commander Massoud. They away after that great victory and left tember 30, 2003, and for other pur- blew him up. The Taliban and the al them with no resources to rebuild their poses.’’ requests a conference with the Qaeda were free from their most effec- country. House on the disagreeing votes of the tive opponent, and the world lost a It is also sad that the United States, two Houses thereon, and appoints Mr. champion. under President Clinton’s leadership, INOUYE, Mr. HOLLINGS, Mr. BYRD, Mr. Those of us who dedicated ourselves never provided Massoud or the other LEAHY, Mr. HARKIN, Mr. DORGAN, Mr. to eliminating communism from this freedom fighters what they needed to DURBIN, Mr. REID, Mrs. FEINSTEIN, Mr. world know what a great debt that we prevent the tyranny of the Taliban KOHL, Mr. STEVENS, Mr. COCHRAN, Mr. owe to Commander Massoud. It was his from dominating Afghanistan. But as SPECTER, Mr. DOMENICI, Mr. BOND, Mr. courage, his tenacity and skills in bat- we know, Commander Massoud was MCCONNELL, Mr. SHELBY, Mr. GREGG, tle that played an indispensable role in able to stand like a giant. Like the So- and Mrs. HUTCHISON to the conferees on the outcome of that global fight be- viet troops before them, the Taliban the part of the Senate. tween good and evil known as the Cold were never able to defeat Commander The message also announced that the War. Massoud. Senate has passed a bill of the fol- I first began communications with Today as we try to rebuild a peaceful lowing title in which the concurrence Commander Massoud when he sent his Afghanistan where people can raise of the House is requested: brother to see me when I worked at the their families and live without fear, S. 351. An act to amend the Solid Waste White House in the 1980s under Ronald Commander Massoud is sorely missed. Disposal Act to reduce the quantity of mer- Reagan. At that time Commander Although he made mistakes, and all

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

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VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.000 H09PT1 H6088 CONGRESSIONAL RECORD — HOUSE September 9, 2002 leaders make mistakes and there were telecommunications. I am urging my FCC, at some unknown future date, es- some judgments, of course, things that colleagues to support a bill that I in- tablishes its right to deliver those li- happened that were not absolutely all troduced to eliminate impediments censes. totally correct, this is the real world, that restrict the ability of certain Now, I think, as the Wall Street but by and large Commander Massoud, wireless telecommunication providers Journal points out, this is grossly un- one can say of his life, he fought for to, I think, meet the urgent need of the fair to those who bid on these licenses the right. He was a major force for consumers. The bill has bipartisan sup- and did so in good faith. Companies good. But as we remember him today port and the support of the Sub- calibrate their bids on the under- on the first anniversary of his death, committee on Telecommunications and standing of the auction, implicit in any let us commit ourselves to his vision of the Internet on which I serve. commercial arrangement, that the de- a free, prosperous, and more peaceful I am pleased, Mr. Speaker, that a re- livery of the licenses will occur in a Afghanistan. And in achieving this we cent editorial in the Wall Street Jour- reasonable time following these auc- will assure that Commander Massoud nal supports my actions on this mat- tions. That expectation is especially will never be defeated. ter, and I will be providing the Wall crucial in the context of spectrum li- One year ago, upon hearing of Com- Street editorial to be made a part of censes. Given the recent volatility we mander Massoud’s death, and as I say, the RECORD and part of my speech. have seen in the market prices for it was an assassination that took place The affected providers are the suc- spectrum, we can understand that 1 year ago today, 2 days before Sep- cessful bidders for wireless spectrum there would be some action by the FCC tember 11, I went into a state of shock. that the Federal Communications after the auction. It was like taking the breath right out Commission auctioned off in Auction Moreover, it is particularly burden- of my lungs. But after regaining my No. 35. Some of the spectrum had pre- some to some companies to have the composure, I realized, yes, my friend viously been licensed to companies, in- FCC hold even a small portion of their had been assassinated, but I realized cluding NextWave Personal Commu- enormous downpayment without any that those who killed Massoud had a nications, whose bankruptcy filings, interest on these amounts. It is not purpose. They meant to attack the and subsequent failure to pay amounts done in the private sector; it should United States and were eliminating the due to the FCC for their licenses, led to not be done in the government. They person that we would turn to to rally the cancellation of those licenses. The are paying no interest on these depos- the people of Afghanistan and lead a FCC subsequently reclaimed the li- its for extended periods of time. counterattack against the Taliban. censes and reauctioned them off in In addition, winning bidders are obli- That meant that an attack on the Auction No. 35 for about $16 billion. gated, as I mentioned, on very short United States was imminent. In June 2001, the D.C. Circuit held that ‘‘the notice to pay the remaining $16 billion I called the White House and asked Commission violated the provision of the they bid for the license at issue. Obvi- for an emergency meeting with Bankruptcy Code that prohibits governmental ously, this adversely affects their ca- Condoleeza Rice and the top members entities from revoking debtors’ licenses solely pacity to serve the needs of their cus- of the President’s National Security for failure to pay debts dischargeable in bank- tomers, because they must have this Council. I got a call back and was told ruptcy.’’ In August 2001, after the issuance of capital always on hand and they can- that the earliest that they could meet that court’s mandate, the FCC restored the not use it for long-term benefits for me, and they were taking my request NextWave licenses to active status. More re- business. This need to keep itself in a very seriously, would be at 2 o’clock cently, the Supreme Court granted the FCC’s position to fulfill that obligation at an the next day. petition for a writ of certiorari to review the indefinite future date impedes its abil- Well, at 8:45 a.m. that next day, the D.C. Circuit’s judgment. The Supreme Court ity to take, as I mentioned, interim hijackers’ planes began to slam into will not hear argument in the case until the fall steps for building their own businesses. the World Trade Center. Yes, that of 2002 and is unlikely to announce a decision The FCC’s failure to respond appro- could have been averted had we had until the spring of 2003. If the Court reverses priately to alleviate these serious bur- Commander Massoud fighting against the D.C. Circuit’s decision, there will be further dens, I believe, deserves the public in- the Taliban much earlier. Unfortu- litigation on remand in D.C. Circuit to resolve terest. That is why I have dropped bill nately, we did not provide him the ef- issues that court did not reach in its first deci- H.R. 4738. It addresses this problem in fort and what he needed to defeat the sion. As a result, there is not likely to be a two ways, Mr. Speaker. Taliban then. final resolution of the status of the NextWave First, it requires the FCC promptly Commander Massoud would have licenses any time soon, and the FCC therefore to refund to the winning bidders the been making history all this year and will not be in a position to deliver licenses to full remaining amount of their deposits would have been doing and helping the winners of Auction No. 35, until three or and their downpayments. Second, it things for the better, and we will more years from the time the auction was con- gives each winning bidder an oppor- avenge his death and all the victims of cluded. tunity to elect, within 15 days after en- 9–11 by rebuilding a peaceful Afghani- Now, the status of NextWave’s li- actment, to relinquish its rights and to stan free of tyrants and fanatics. cense has been the subject of extended be relieved of all further obligations under Auction No. 35. Those who f litigation in not only the bankruptcy court, but the United States Court of choose to retain their rights and obli- NEXTWAVE AUCTION BILL Appeals for the Second Circuit, the gations under Auction No. 35 will none- The SPEAKER pro tempore. Pursu- United States Court of Appeals for the theless be entitled to a return of their ant to the order of the House of Janu- District of Columbia Circuit, and soon deposits and downpayments in the in- ary 23, 2002, the gentleman from Flor- to be, the Supreme Court of the United terim period. If and when the FCC is in ida (Mr. STEARNS) is recognized during States. a position to deliver the license at morning hour debates for 5 minutes. Although the FCC recently returned issue to those who remain obligated, Mr. STEARNS. Mr. Speaker, I want most of the downpayment funds pre- they will be required to pay the full to thank my colleague from California viously deposited by all these success- amount of their bid in accordance with (Mr. ROHRABACHER) for his continuing ful bidders, it continues to hold, with- the FCC’s existing regulations. Those support in recognizing this anniver- out interest, Mr. Speaker, substantial who elect to terminate their rights and sary. NPR had a great tribute to the sums, equal to 3 percent of the total obligations under this auction will be general this morning which I listened amount of the winning bids. It appar- free to pursue their business interests to. I think it is altogether appropriate ently intends to hold these sums indefi- without the burdens under which they that the gentleman do this on the nitely. must labor. House floor, of course, and I want to Despite the lengthy delay in deliv- Mr. Speaker, I urge my colleagues to thank him. ering the licenses, moreover, the FCC support this timely and much-needed Mr. Speaker, on another matter, I takes the position that the successful legislation, and I appreciate the Wall rise to deal with something that is bidders remain obligated, on a mere 10- Street Journal bringing to the atten- more close to home, and that is dealing day notice, to pay the full amount of tion of the Nation this very important with something I am involved with in their successful bids if and when the problem, and I also hereby submit for

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.002 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6089 the RECORD the article I have referred to bid at all, since the FCC is already sitting HOUSE OF REPRESENTATIVES, to. on their capital. Washington, DC, September 5, 2002. [From the Wall Street Journal, Aug. 21, 2002] We still believe FCC auctions are the most Hon. J. DENNIS HASTERT, efficient way of allocating spectrum. But Speaker of the House, ANOTHER TELECOM FIASCO their purpose is defeated when the govern- Washington, DC. The telecom shakeout (or meltdown) con- ment keeps the cash but won’t deliver the DEAR MR. SPEAKER: I have been nominated tinues, with Qwest ditching assets to stay goods. by President Bush and confirmed by the Sen- solvent, and VoiceStream pursuing a merger ate to serve as United States Representative in wireless with Cingular. The market will f to the United Nations Agencies for Food and sort all of this out, though it sure would help Agriculture, with the rank of Ambassador. if the Federal Communications Commission RECESS Therefore, I have submitted my resignation stopped making things worse. The SPEAKER pro tempore. Pursu- as Member of the House of Representatives, Consider the FCC’s ongoing NextWave ant to clause 12 of rule I, the Chair de- effective close of business, September 9, 2002. spectrum fiasco. That small wireless carrier I am forwarding to you a copy of my letter won spectrum licenses in a 1997 FCC auction, clares the House in recess until 2 p.m. Accordingly (at 12 o’clock and 44 of resignation to Ohio Governor Bob Taft. but later defaulted on its payments. The FCC I am grateful for the opportunity to serve revoked the licenses and reauctioned them— minutes p.m.), the House stood in re- with the distinguished men and women of even as NextWave was suing to get them cess until 2 p.m. the House of Representatives for the past back. NextWave won its case, and a red-faced f twenty-four years. I look forward to working FCC had to tell the other carriers that had with the Members of the House as I continue just bid $16 billion that it had nothing to b 1400 service to the Nation in my new position. give them. Sincerely, In the real business world, the FCC would AFTER RECESS TONY P. HALL, have cancelled the reauction once it couldn’t Member of Congress. deliver the licenses. But rules are different The recess having expired, the House in FCC-land. The agency may not have deliv- was called to order by the Speaker pro f ered any licenses, but it has nonetheless held tempore (Mr. DAN MILLER of Florida) COMMUNICATION FROM THE on to the hefty deposits the second batch of at 2 p.m. CLERK OF THE HOUSE carriers gave it. And, by the way, the FCC has informed those carriers that when it f The SPEAKER pro tempore laid be- does finally turn over the spectrum (in 2004, fore the House the following commu- optimistically, if ever), it expects them to PRAYER nication from the Clerk of the House of cough up the entire $16 billion within 10 busi- The Chaplain, the Reverend Daniel P. Representatives: ness days. OFFICE OF THE CLERK, All of this is playing havoc with an indus- Coughlin, offered the following prayer: HOUSE OF REPRESENTATIVES, try already in chaos. Verizon Wireless, for Lord God of history and ever-present instance, bid $8.7 billion for its share of the wisdom, ever since 1789 in New York’s Washington, DC, September 6, 2002. Hon. J. DENNIS HASTERT, spectrum. The FCC took a deposit from the Federal Hall until this very day, the The Speaker, House of Representatives, company of $1.7 billion, and then sat on it— Government of these United States has interest free—for 14 months. The FCC finally Washington, DC. been dedicated to the protection of the DEAR MR. SPEAKER: Pursuant to the per- gave back some of the deposit earlier this people and securing human freedom mission granted in Clause 2(h) of rule II of year, though it still holds the bureaucratic with justice and peace. the Rules of the U.S. House of Representa- pocket-change of $261 million. Verizon is also stuck with a large liabil- Grant guidance to the House of Rep- tives, the Clerk received the following mes- ity—money it can’t effectively touch be- resentatives in their work today so sage from the Secretary of the Senate on cause of the 10-day future payment obliga- that they may be fellow workers in ac- September 6, 2002, at 10:24 a.m. tion. Credit agencies say they may down- complishing Your holy will in human That the Senate passed without amend- ment H.R. 3298. grade its debt because of the $8.7 billion affairs and the progress of this Nation. overhang. Meantime, the company can’t af- That the Senate passed without amend- May this work benefit all citizens so ment H.R. 5012. ford to run in place for years while the FCC that with them and for them an earth- fiddles, so it has redrawn its business strat- That the Senate passed without amend- egy around the lost spectrum—which means ly city may be built reflecting the val- ment H.R. 5207. it may not need it even if it comes free. ues of Your Kingdom. For You are Lord Appointment: Land’s Title Report Com- The FCC usually hands over licenses with- and Savior, now and forever. Amen. mission. in three months, and for good reason: The in- With best wishes, I am f dustry changes faster than a politician’s Sincerely, JEFF TRANDAHL, mind. Since January 2001 when the reauction THE JOURNAL ended, wireless and equipment companies Clerk of House. have laid off tens of thousands of workers The SPEAKER pro tempore. The f and lost $850 billion, or 65%, in market value. Chair has examined the Journal of the ANNOUNCEMENT BY THE SPEAKER (Would that the FCC shrank 65% in size.) last day’s proceedings and announces PRO TEMPORE Wireless officials estimate that if the reauc- to the House his approval thereof. tion were held today, the bids would be Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore. Pursu- about 40% of the original $16 billion. nal stands approved. ant to clause 4 of rule I, the Speaker But that gets to the heart of the FCC mat- signed the following enrolled bill on ter: money, and creative accounting. It turns f out that when NextWave bid its $4.8 billion Thursday, September 5, 2002. in 1997, the FCC booked the entire amount in PLEDGE OF ALLEGIANCE H.R. 5012, to amend the John F. Ken- the federal budget. Then, when the reauction nedy Center Act to authorize the Sec- happened in 2001, it booked that $16 billion as The SPEAKER pro tempore. Will the retary of Transportation to carry out a well—adjusted for what it had lost from gentleman from Maryland (Mr. project for construction of a plaza adja- NextWave. CUMMINGS) come forward and lead the cent to the John F. Kennedy Center for Chairman Michael Powell keeps promising House in the Pledge of Allegiance. the Performing Arts, and for other pur- a telecom revival, but this FCC money-grub- Mr. CUMMINGS led the Pledge of Al- poses. bing doesn’t help. The reauction is tying up legiance as follows: much-needed investment capital: According f I pledge allegiance to the Flag of the to a recent study from AEI economist Greg- United States of America, and to the Repub- ANNOUNCEMENT BY THE SPEAKER ory Sidak, the frozen $16 billion, if released, lic for which it stands, one nation under God, would increase GDP between $19 billion and PRO TEMPORE indivisible, with liberty and justice for all. $52 billion. Consumers are also losing out, as The SPEAKER pro tempore. Pursu- new services such as mobile videophones are f ant to clause 8 of rule XX, the Chair delayed. announces that he will postpone fur- The FCC isn’t even helping itself, if it RESIGNATION FROM THE HOUSE ther proceedings today on motions to cares. Reputation counts, even in govern- OF REPRESENTATIVES ment, and the agency has important auc- suspend the rules on which a recorded tions to come. Carriers may discount future The Speaker pro tempore laid before vote or the yeas and nays are ordered, bids because of uncertainty of ever receiving the House the following resignation or on which the vote is objected to licenses. Several big players may not be able from the House of Representatives. under clause 6 of rule XX.

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.005 H09PT1 H6090 CONGRESSIONAL RECORD — HOUSE September 9, 2002 Any record votes on postponed ques- defined by the 2000 census to retain flexibility in the use of Federal transit tions will be taken after debate has flexibility in the use of their Federal formula grants in fiscal year 2003 for concluded on all motions to suspend transit formula grants in budget year operating and capital assistance. the rules but not before 6:30 p.m. today. 2003. Without this flexibility, some transit f H.R. 5157 was favorably reported systems would not have sufficient reve- without amendment by the Committee nues to continue to provide public FEDERAL TRANSIT FORMULA on Transportation and Infrastructure transportation services. The lack of GRANTS FLEXIBILITY RETEN- on July 24 of this year. The bill now flexibility in the use of Federal transit TION ACT has a total of 45 original cosponsors. formula funds may result in the inter- Mr. PETRI. Mr. Speaker, I move to Legislation was developed with the as- ruption in transit services or unneces- suspend the rules and pass the bill sistance and cooperation of the Federal sary hardship on transit systems. (H.R. 5157) to amend section 5307 of Transit Administration, and has been Mr. Speaker, as the committee title 49, United States Code, to allow endorsed by the American Public moves forward with legislation to reau- transit systems in urbanized areas Transportation Association. thorize the surface transportation pro- that, for the first time, exceeded 200,000 The 2000 census made wholesale grams, the flexibility needed for tran- in population according to the 2000 cen- changes in urbanized area designations. sit systems in urbanized areas will be sus to retain flexibility in the use of Some of the communities that are addressed in the legislation. Federal transit formula grants in fiscal crossing 200,000 in population simply In the interim, I urge the enactment year 2003, and for other purposes. grew since 1990. Others were absorbed of H.R. 5157. Mr. OTTER. Mr. Speaker, I rise today in The Clerk read as follows: into nearby major metropolitan areas. strong support of H.R. 5157. This bill will allow H.R. 5157 Yet others were combined with another nearby small city. Many of these com- Boise, ID and dozens of other transit systems Be it enacted by the Senate and House of Rep- around the county to maintain bus and transit resentatives of the United States of America in munities were not aware they were going to cross 200,000 until the final ur- service. Congress assembled, Boise, like many other communities around banized area notice was published in SECTION 1. URBANIZED AREA FORMULA GRANTS. the Nation, depends upon its Section 5307 the Federal Register in May of 2002. Section 5307(b) of title 49, United States grants under TEA–21 to meet the operating Under current Federal transit law, Code, is amended— costs of maintaining bus service. Unfortu- (1) by striking the last sentence of para- areas of more than 200,000 cannot use nately, the current 5307 program restricts fed- graph (1); Federal formula grant funds to pay for eral funds to capital costs when an area’s (2) by redesignating paragraphs (2) and (3) transit operating expenses. The Transit population increases to over 200,000. Boise as paragraphs (3) and (4), respectively; Operating Flexibility Act will allow (3) by inserting after paragraph (1) the fol- and 51 other cities crossed that benchmark in the 52 communities affected by the 2000 lowing: the last census and now face losing the funds census change to retain their operating ‘‘(2) SPECIAL RULE FOR FISCAL YEAR 2003.— they need for operating bus services. ‘‘(A) INCREASED FLEXIBILITY.—The Sec- flexibility in budget year 2003 to the When TEA–21 was passed in 1998 the po- retary may make grants under this section, same extent that they did in fiscal year tential disruption after a census was not taken from funds made available to carry out this 2002. into consideration. Forcing communities to section for fiscal year 2003, to finance the op- Without this legislation, some tran- erating cost of equipment and facilities for make major changes in their financing is un- sit operators in the affected areas may fair, particularly when that program, and its use in mass transportation in an urbanized be so strapped for resources that they area with a population of at least 200,000 as rules, are to be reauthorized in less than a will have to drastically reduce service determined under the 2000 decennial census year. of population if— or even shut their doors. We cannot H.R. 5157, Mr. Speaker, will prevent large ‘‘(i) the urbanized area had a population of allow a change in census definition to disruptions in service Idaho and nationwide., It less than 200,000 as determined under the 1990 result in a loss of public transportation will protect the jobs of those who commute to Federal decennial census of population; services. work by public transit. It will help the environ- ‘‘(ii) a portion of the urbanized area was a This bill does not change the amount ment, and relieve traffic congestion. It will give separate urbanized area with a population of of transit formula funding that these less than 200,000 as determined under the 1990 community leaders another option in planning communities or any other community the growth of their cities and enable our transit Federal decennial census of population; or will receive under TEA–21 in fiscal year ‘‘(iii) the area was not designated as a ur- systems to build for the future. banized area as determined under the 1990 2003. The Federal Transit Administra- Boise is one of the fastest growing areas in Federal decennial census of population. tion will apportion formula grant funds the Nation, and is suffering the growing pains ‘‘(B) MAXIMUM AMOUNTS.—Amounts made to its grantees according to the 2000 of traffic congestion and air pollution. An inte- available pursuant to subparagraphs (A)(i) census numbers as they are required by grated program of highway and transit devel- and (A)(ii) shall be no more than the amount law to do. H.R. 5157 gives these 52 com- opment is essential to meeting growth. At the apportioned in fiscal year 2002 to the urban- munities some breathing room to ad- ized area with a population of less than same time federally provided funds must be just to their new urbanized area status flexible enough to meet the unique needs and 200,000 as determined in the 1990 Federal de- as they plan how to fund these transit cennial census of population. Amounts made challenges of each community. available pursuant to subparagraph (A)(iii) services under their new urbanized area As this House prepares TEA–21 reauthor- shall be no more than the amount appor- designation. ization I will fight for more generous and flexi- tioned under this section for fiscal year I urge that the House pass the bill ble funding of transit needs in Idaho and other 2003.’’; and that is before us, H.R. 5157. fast-growing rural states. (4) in paragraph (3) (as redesignated by Mr. Speaker, I reserve the balance of I want to thank Chairman YOUNG of the full paragraph (2) of this section) by aligning my time. committee for introducing this bill, and Chair- subparagraph (C) with subparagraphs (A) and Mr. CUMMINGS. Mr. Speaker, I yield man PETRI for managing the debate today. I (B). myself such time as I may consume. also want to thank Kelly Fairless of Valley The SPEAKER pro tempore. Pursu- Mr. Speaker, I commend the sub- Ride in Boise, Grant Jones of Boise Urban ant to the rule, the gentleman from committee chairman, the gentleman Stages, and Steve O’Neal of the Idaho Trans- Wisconsin (Mr. PETRI) and the gen- from Wisconsin (Mr. PETRI), and the portation Department of their work on behalf of tleman from Maryland (Mr. CUMMINGS) ranking member, the gentleman from Idaho transit, and the drivers and maintenance each will control 20 minutes. Pennsylvania (Mr. BORSKI), for advanc- personnel for Valley Ride who work everyday The Chair recognizes the gentleman ing legislation, H.R. 5157, that will to bring mobility to the people of the Treasure from Wisconsin (Mr. PETRI). allow local flexibility in the use of Fed- Valley. Mr. PETRI. Mr. Speaker, I yield my- eral transit funds in the newly des- Mr. CUMMINGS. Mr. Speaker, I have self such time as I may consume. ignated urbanized areas over 200,000 no further requests for time, and I The Transit Operating Flexibility population. yield back the balance of my time. Act, the bill before us, is bipartisan H.R. 5157 amends the Federal transit Mr. PETRI. Mr. Speaker, I yield back legislation that will allow the transit program to allow transit systems in ur- the balance of my time. systems in 52 communities that grew banized areas that for the first time ex- The SPEAKER pro tempore. The to more than 200,000 in population as ceeded 200,000 in population to retain question is on the motion offered by

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.008 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6091 the gentleman from Wisconsin (Mr. (4) directs the Clerk of the House of Rep- Everyday a workforce of 100,000 flight PETRI) that the House suspend the resentatives to send a copy of this resolution attendants make it their mission to en- rules and pass the bill, H.R. 5157. to a family member of each of the flight at- sure the safety of passengers that rely The question was taken. tendants killed on September 11, 2001. on them. In the war on terrorism, they The SPEAKER pro tempore. In the The SPEAKER pro tempore. Pursu- can be compared to ground soldiers. opinion of the Chair, two-thirds of ant to the rule, the gentleman from They are our front line of defense. Not those present have voted in the affirm- Wisconsin (Mr. PETRI) and the gen- only did flight attendants display acts ative. tleman from Maryland (Mr. CUMMINGS) of heroism on September 11, but they Mr. PETRI. Mr. Speaker, on that I each will control 20 minutes. also have repeatedly reacted coura- demand the yeas and nays. The Chair recognizes the gentleman geously to thwart acts of terrorism on The yeas and nays were ordered. from Wisconsin (Mr. PETRI). American aircraft. The SPEAKER pro tempore. Pursu- Mr. PETRI. Mr. Speaker, I yield my- Mr. Speaker, it is an honor to ac- ant to clause 8 of rule XX and the self such time as I may consume. knowledge the heroism and bravery of Chair’s prior announcement, further Mr. Speaker, I rise today in strong flight attendants. After September 11, proceedings on this motion will be support of House Concurrent Resolu- when many were afraid to return to the postponed. tion 401, honoring the over 100,000 men air, these courageous workers devot- and women who serve as flight attend- f edly returned to their jobs. I admire ants. As we near the final anniversary RECOGNIZING THE HEROISM AND their sense of dedication and profes- of the September 11 attacks, I think it sional attitude. I urge my colleagues to COURAGE DISPLAYED BY AIR- is appropriate that we stop to recog- LINE FLIGHT ATTENDANTS EACH support this very, very appropriate res- nize these everyday heroes. olution. DAY America’s flight attendants dedi- Mr. RAHALL. Mr. Speaker, on behalf of cated their lives to ensuring the safety Mr. PETRI. Mr. Speaker, I move to West Virginians and Americans as a whole, I and the security of their passengers. suspend the rules and agree to the con- want to express our deep appreciation for the There are over 20,000 commercial air- current resolution (H. Con. Res. 401) flight attendants who provide outstanding serv- line flights each day, and on these recognizing the heroism and courage ice while ensuring public safety for thousands flights, flight attendants put the well- displayed by airline flight attendants of Americans on a daily basis. In addition, I being of each of their passengers ahead each day, as amended. want to commend our Nation’s flight attend- of their own. They are the first re- The Clerk read as follows: ants for their acts of heroism. A considerable sponders to all emergencies in the H. CON. RES. 401 number of them demonstrated their great cabin of an aircraft. They provide in- Whereas over 100,000 men and women serve courage during the September 11th attacks flight medical assistance to passengers as airline flight attendants in the United that occurred almost exactly one year ago in need. They may be the only line of States; today. Whereas flight attendants dedicate them- defense should terrorists once again at- It should not be overlooked that in the days, selves to serving and protecting their pas- tempt to take control of an airplane. weeks, and months following that terrible day, sengers; It was the flight attendants who sub- America’s flight attendants bravely resumed Whereas flight attendants are responsible dued attempted shoe-bomber Richard for customer service aboard an aircraft; their duties serving our flying public. This con- Reid aboard American Flight 63 last tribution aided the almost immediate restora- Whereas flight attendants react to dan- September. Last year, 23 flight attend- gerous situations as the first line of defense tion of air service, and it provides a profound of airline passengers; ants lost their lives aboard the four hi- demonstration of this country’s refusal to let Whereas safety and security are a flight at- jacked flights on September 11. In rec- the terrorists win. Our flight attendants, and by tendant’s primary concerns; ognition of their important role, the extension, all of us would not allow a few Whereas flight attendants evacuate air- House overwhelmingly passed legisla- evildoers to destroy our daily activities and our craft in emergency situations; tion that would significantly increase unique way of life. Whereas flight attendants defend pas- self-defense and situational training to As we approach the anniversary of Sep- sengers against hijackers, terrorists, and aid flight attendants in the case of an- abusive passengers; tember 11th, we must remember the contribu- other terrorist hijacking. tions of this group of individuals who have so Whereas flight attendants handle in-flight I would like to express my profound medical emergencies; ably demonstrated their importance to this Whereas flight attendants perform routine gratitude for all airline flight attend- country and to its citizens. They stand as an safety and service duties on board an air- ants for their daily service to make air example for the brave efforts of all hard- craft; travel safe and secure, and urge the working Americans as we cope with the Whereas 25 flight attendants lost their passage of this resolution. events and the aftermath of that infamous day. lives aboard 4 hijacked flights on September Mr. Speaker, I reserve the balance of Mr. SIMMONS. Mr. Speaker, a great many 11, 2001; my time. things changed on September 11, 2001. Whereas 5 flight attendants helped prevent Mr. CUMMINGS. Mr. Speaker, I yield Among them, Americans began thinking dif- United Airlines Flight 93 from reaching its myself such time as I may consume. intended target on September 11, 2001; ferently about air travel, and we all gained a Mr. Speaker, I, too, want to com- greater respect for those who are pledged to Whereas flight attendants provided assist- mend the subcommittee chairman, the ance to passengers across the United States guarantee our safety as we fly. gentleman from Florida (Mr. MICA), who had their flights diverted on September For its part, Congress has moved to make 11, 2001; and the ranking member, the gen- air travel safer, and I have not doubt we will Whereas on December 22, 2001, flight at- tleman from Illinois (Mr. LIPINSKI), for do more. But one of the main lines of defense tendants helped subdue attempted shoe their action on House Concurrent Reso- against events in the air rests with the pilots bomber, Richard Reid, who attempted to kill lution 401 that recognizes the largely and flight crews. all 185 passengers and 12 crew members on unsung heroism that airline flight at- The professionalism, courage and common board American Airlines Flight 63; and tendants display on a daily basis. sense exhibited by these individuals is clearly Whereas on February 7, 2002, flight attend- On September 11 of last year, 25 exemplified in the actions of Madeline Amy ants helped prevent Pablov Moreira, a Uru- flight attendants lost their lives as a guayan citizen, from breaking into the cock- Todd Sweeney, who was a flight attend pit during United Airlines Flight 855 from result of terrorist attacks. When they aboard American Airlines Flight 11 on Sep- Miami to Buenos Aires: Now, therefore, be it left their homes and loved ones that tember 11. That was the first aircraft to crash Resolved by the House of Representatives (the morning, I am sure that none of them into the World Trade Center. Senate concurring), That Congress— knew what tragic events would unfold Showing courage under pressure, Amy was (1) expresses profound gratitude to airline before the day’s end, and what role one of the first individuals to use a cell phone flight attendants for their daily service to they would play in it. Five flight at- and notify the world of the hijackings that were make air travel safe; tendants working on United Airlines underway. Her last acts of bravery were criti- (2) honors the courage and dedication of Flight No. 93 helped prevent hijackers flight attendants; cally important in identifying and exposing (3) expresses support for the flight attend- from reaching their intended target of those terrorists who threatened our lives, our ants who displayed heroism on September 11, Washington, D.C. I am sure that many country and our values. 2001, and to all flight attendants who con- of us have to give credit to them for Ms. Sweeney is a true American hero. She tinue to display heroism each day; and perhaps saving our lives. was many things to many wonderful people, a

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00005 Fmt 4634 Sfmt 9920 E:\CR\FM\K09SE7.010 H09PT1 H6092 CONGRESSIONAL RECORD — HOUSE September 9, 2002 faithful wife, a loving mother, and a devoted Sweeney reported the seat numbers of the says, although they only got together on vis- daughter. But she will be remembered by hijackers, including suspected ringleader its, mostly during the summer. Todd and his most Americans for her extraordinary heroism Mohamed Atta, and the progress of their as- first wife divorced when Sweeney was 10, and sault. She described the landscape below she continued to live with her mother in and devotion to duty on a fateful day. after the flight was diverted, right up until Nashua, N.H. Consider this—those who hijacked Amer- the shocking end. It’s not very difficult for family members ican Airlines Flight 11, had years of training Her last words were, ‘‘I see water and to imagine what Sweeney, whom everyone and preparation for their terrible mission. They building. Oh my God! Oh my God!’’ called Amy, would have been doing this past had plenty of time to consider what they were Sweeney’s father, William A. Todd of Nor- year had she not been among the 3,008 vic- going to do. But for Amy, the decisions of a wich, expects that some day he’ll listen to a tims of Sept. 11. She would have continued lifetime were compressed into a few terrible tape of conversations from the airplane. But to love being a wife and mother, kept in minutes. Yet she responded with tremendous he’s not ready. close touch with her large circle of friends This Sept. 11, Todd will be in Boston, the and family, and, of course, kept on flying. courage, calmness and common sense. She point of Sweeney’s departure, not New York, The 12-year veteran of American Airlines did her duty in the face of death. And at the the site of her tragic end, to mark the anni- was at a point in life where, it seems, she last moment, she called out to God for salva- versary of the terrorist attacks. There he had everything she wanted. ‘‘She loved to tion. will witness the presentation of the second fly, and she loved to travel,’’ says Todd. She I had the honor earlier this year to attend a annual Madeline Amy Todd Sweeney Award especially relished trips to the Caribbean. ceremony in Massachusetts where she be- for Civilian Bravery, posthumously pre- The flight to Los Angeles was also one of came the first individual to be awarded the sented to her in February with her family in her favorites, Todd says, because she got a ‘‘Madeline Amy Todd Sweeney Award for Ci- attendance. layover in California. Sweeney lived in Acton, Mass., with her After Sweeney graduated from high school, vilian Bravery.’’ It is in recognition of Amy husband, Michael, and their two children, before she married and went to flight attend- Todd Sweeney’s heroism and courageous Anna, 6, and Jack, 5. The award, in the form ant school, she took a year off to live and spirit that this award was created. of a medallion, is to be given each year to a travel in California, says Todd. This was her Future recipients—awarded annually on the Massachusetts resident who exemplifies the one real fling with being totally carefree. anniversary of her death—must demonstrate courage that Sweeney displayed. But shouldering responsibility was some- exceptional bravery, without regard for per- Her reports from the doomed airplane have thing Sweeney apparently did willingly, with sonal safety, in an effort to save the life or been credited with helping officials make the a modest touch that endeared her to family, lives of another or others in actual or imminent crucial decision to ground all airplanes on friends and colleagues, as well as passengers. Sept. 11, perhaps saving many lives. She was ‘‘a natural at being a flight at- danger. It is a fitting tribute to her conduct that It’s good, Todd acknowledged, to have tendant’’ wrote one of her peers in a tribute this award has been established. There can something to do and somewhere to go on this booklet put out by American Airlines and be little doubt that many people are alive grim anniversary. And he really didn’t want given to all the families of those who died on today because of her quick thinking and her to be in New York. Flight 11. She was a genuine people person, heroism. Her actions remind us that courage ‘‘It’s too much,’’ he says. it was said, always the first to volunteer is rightly esteemed as the first of human quali- Mike Sweeney, who could not be reached, when help was needed. is reportedly coping as best he can, and also ties because it is the quality that guarantees In her heroic death, Sweeney is forever plans to be at the presentation in Boston on linked with one colleague in particular, fel- all others. Wednesday. low flight attendant Betty Ong. The two And we should remember that courage does Reflecting today on what enabled his 35- women worked as a team to alert ground of- not mean an absence of fear, because without year-old daughter to show such remarkable ficials about what was happening. fear there can be no courage. Courage is strength under intense pressure, Todd draws The Todds have a tape of a Prime Time TV doing the thing you think you cannot do. upon an apt and familiar analogy, that of a segment on the two women, hosted by Diane Mr. Speaker, I ask unanimous consent to soldier in battle. As an Army war veteran Sawyer. Sweeney’s husband, Mike, is fea- enter into the RECORD a recent article from the who saw combat in Korea, Todd, 65, says his tured along with several members of Ong’s New London Day entitled, ‘‘A Hero On Flight daughter was doing what she was trained to family. So, too, are home videos of Sweeney do in a situation like that: focus not on playing and singing with her children. 11, She Put Her Job First: Madeline Amy yourself, but on your job. But most of the program is devoted to Todd Sweeney.’’ Todd treasures an American flag carried in what happened on Flight 11. May God bless and keep you, Madeline Sweeney’s honor aboard an F–16CG Falcon Doris Todd cries softly, and her husband Amy Todd Sweeney, and may God bless during a Jan. 26 combat mission over Af- sits stoically upright in his chair, as a Logan America. ghanistan. The flag was sent to him along flight manager who got the first call re- A HERO ON FLIGHT 11, SHE PUT HER JOB with a citation from the 332nd Air Expedi- counts his conversations with Sweeney. FIRST: MADELINE AMY TODD SWEENEY tion Group, called ‘‘The Tip of the Spear,’’ ‘‘Amy, honey,’’ he began, ‘‘what’s going on?’’ certifying that the flag was carried ‘‘In Everything after that was dark—throats 9–11: THE SHADOW OF A DAY Memory of the Grace and Bravery of Mad- slashed, orders from hijackers—but Sweeney (By Bethe Defresne) eline Amy Todd Sweeney, who lost her life to remained purposeful and calm through it all. Once the extended family of Madeline Amy a terrorist attack on the WTC while serving The Todds find this tape difficult to watch, Todd Sweeney verified that she was aboard on American Airlines Flight 11 on Sept. 11, but say they’ve looked at it several times. the flight, there was no waiting for a mir- 2001.’’ During the program, the Ong family reports acle. There was no use praying that the Todd hasn’t decided yet where to display that a bone and a flesh fragment from Betty blond, blue-eyed young mother with the daz- the flag, which he handles reverently, like a Ong were recovered from the WTC site. zling smile had been caught in some pocket flag that has been draped over a soldier’s cof- ‘‘Nothing was found of Amy,’’ says Todd, of hope within the ashes of the World Trade fin. It was a nephew in the Air Force, Pat- not even a bit of DNA. But this is not some- Center, and that somehow she would rise up rick Todd, who arranged through his com- thing to dwell on, he says. He’d rather hold and come home to them. manding officer to have the flag carried and the flag that was carried over a battlefield in Relatives and friends of victims who delivered. her honor, or point out the sign in her mem- worked in the towers would spend days or Sweeney came from a large extended fam- ory attached to his truck, the one he drove even weeks holding off the inevitable. But ily, with numerous aunts, uncles and cous- in the June parade for A Reason to Ride, an for Sweeney’s loved ones, there was only the ins. She reveled in those myriad relation- organization that raises funds for disabled swift, burning onslaught of grief. ships, said Todd, and will be especially and homeless veterans. She was a flight attendant on American missed at the Sept. 28 wedding of her broth- There’s been talk, Todd says, that Sweeney Airlines Flight 11, the plane that hit the er, William Todd III, who lives in Massachu- and some other Sept. 11 heroes might be north tower at 8:48 a.m. on Sept. 11, when the setts. He was her only sibling. posthumously awarded the Presidential world still thought it must have been some Sitting at the kitchen table in his home on Medal of Freedom. U.S. Rep. Rob Simmons, terrible accident. Corning Road, Todd, who retired after 15 R–2nd District, and Sen. Edward Kennedy of Sweeney’s colleagues in air control back at years as a welder at Electric Boat in Groton, Massachusetts are among those who have Logan International Airport in Boston, appears to take some comfort in thinking proposed Sweeney for the prestigious award. where the flight had taken off that morning about the lasting impression his daughter’s The Todds haven’t gotten involved in the bound for Los Angeles, were among the few life has made on others. But he is not a man debate over what kind of memorial should be who knew better—because she had told given to displaying an excess of emotion. erected at Ground Zero, but they do have them. ‘‘What can you say?’’ he asks. ‘‘Not a day two thoughts on the subject. ‘‘It should be Calmly, and with painstaking attention to goes by that I don’t think of her.’’ tall,’’ they say. ‘‘And it should have all the detail, Sweeney had explained that the plane Tears well up in his tired eyes, but he names, like the Vietnam War Memorial.’’ was being hijacked. What she said would won’t let them go. His wife of 23 years, Doris, Sweeney didn’t have enough information later help federal investigators reconstruct is more talkative and openly emotional. in that early hour of Sept. 11 to go on the of- how the plane was taken over. Sweeney was like a daughter to her, she fensive, like the crew and passengers of

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.020 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6093 United Flight 93, forced down in a field in systems, ports, and waterways that are the and the gentleman from Pennsylvania Pennsylvania. But she died in service to her foundation on which the Nation’s economy (Mr. BORSKI) for moving forward with passengers and, it turned out, to her coun- stands and grows; H. Con. Res. 442, to recognize the 100th try. Whereas the American Road and Transpor- anniversary of the American Road and It’s almost impossible to find a source of tation Builders Association incorporates gratitude in the horror of Sept. 11. But the educational, research, and charitable efforts Transportation Builders Association, Todds say they’re at least glad to know that to advance the transportation construction also known as ARTBA. almost to the last moment Madeline Amy industry, improve transportation education, For more than a century, ARTBA has Todd Sweeney was not living in terror, but maintain the highest industry standards of carried forth the visionary efforts of its helping others. excellence, and ensure the public health, founder, Horatio S. Earle. The legacy safety, and welfare; and b 1415 of this organization rests firmly on the Whereas the multi-modal transportation guiding principles of its founder to im- Mr. CUMMINGS. Mr. Speaker, I have infrastructure network that American Road prove the Nation’s transportation sys- no further requests for time, and I and Transportation Association members tem. Horatio Earle advocated an inter- yield back the balance of my time. have designed, built, and managed over the past century, in partnership with govern- state system to link the Nation’s cap- Mr. PETRI. Mr. Speaker, I have no ital with every State capital through- further requests for time, and I yield ment at all levels, has made America’s econ- omy the envy of the world and provided the out the Nation. Mr. Earle’s vision was back the balance of my time. American people with an unmatched quality realized with the creation of the High- The SPEAKER pro tempore (Mr. DAN of life: Now, therefore, be it way Trust Fund to provide funding for MILLER of Florida). The question is on Resolved by the House of Representatives (the the construction of the Nation’s high- the motion offered by the gentleman Senate concurring), That the Congress— way interstate highway system. from Wisconsin (Mr. PETRI) that the (1) acknowledges the American Road and From its inception, ARTBA has advo- House suspend the rules and agree to Transportation Builders Association for its 100th Anniversary; cated strong Federal investment in the the concurrent resolution, H. Con. Res. Nation’s transportation infrastructure, 401, as amended. (2) commends the many achievements of the transportation construction industry; to meet the public demand for safe and The question was taken. and efficient travel and shipment of goods. The SPEAKER pro tempore. In the (3) encourages the American Road and ARTBA has led the efforts to increase opinion of the Chair, two-thirds of Transportation Builders Association to con- the level of funding for transportation those present have voted in the affirm- tinue its tradition of excellence in service to and infrastructure improvements. ative. the transportation construction industry Through its leadership, perseverance, and to the public. Mr. PETRI. Mr. Speaker, on that I and skills of its organization, ARTBA demand the yeas and nays. The SPEAKER pro tempore. Pursu- has established a legacy that has The yeas and nays were ordered. ant to the rule, the gentleman from helped to strengthen the American The SPEAKER pro tempore. Pursu- Wisconsin (Mr. PETRI) and the gen- economy. ant to clause 8 of rule XX and the tleman from Maryland (Mr. CUMMINGS) Today, ARTBA represents an indus- Chair’s prior announcement, further each will control 20 minutes. try that generates more than $200 bil- proceedings on this motion will be The Chair recognizes the gentleman lion in United States economic activ- postponed. from Wisconsin (Mr. PETRI). ity annually and sustains the employ- f Mr. PETRI. Mr. Speaker, I yield my- ment of 2.2 million Americans. self such time as I may consume. RECOGNIZING THE AMERICAN Mr. Speaker, it is a high honor to Mr. Speaker, the American Road and recognize ARTBA for its 100 years of ROAD AND TRANSPORTATION Transportation Builders Association is BUILDERS ASSOCIATION FOR continuing support for the Nation’s the Nation’s oldest national associa- transportation. As the Congress moves REACHING ITS 100TH ANNIVER- tion exclusively representing the trans- SARY forward with legislation to reauthorize portation construction industry. I have the surface transportation programs, I Mr. PETRI. Mr. Speaker, I move to worked with ARTBA on many legisla- look forward to working with ARTBA suspend the rules and agree to the con- tive issues, and they have played and to assist in building a national trans- current resolution (H. Con. Res. 442) will continue to play a large role in the portation system that will continue to recognizing the American Road and development of our country’s transpor- serve this great Nation. Transportation Builders Association tation infrastructure. Mr. RAHALL. Mr. Speaker, as a co-sponsor for reaching its 100th Anniversary and Founded by Horatio Earle, ARTBA of House Concurrent Resolution 442, which for the many vital contributions of its has consistently advocated a strong recognizes the American Road and Transpor- members in the transportation con- Federal investment in our transpor- tation Builders 100th Anniversary, ARTBA, I struction industry to the American tation network and has played an inte- want to publicly commend our Nation’s oldest economy and quality of life through gral role in the development of the association exclusively representing the trans- the multi-modal transportation infra- Dwight David Eisenhower System of portation construction industry. For a full cen- structure network its members have Interstate and Defense Highways, tury, ARTBA has been a strong and success- designed, built, and managed over the known as our interstate system. ful advocate for federal investment in transpor- past century. Under the leadership of ARTBA, the tation infrastructure. As the legislation notes, The Clerk read as follows: transportation construction industry the construction and upkeep of our Nation’s H. CON. RES. 442 maintains the highest standards of ex- roads, bridges, airports, mass transit systems, Whereas, founded in 1902 by Horatio Saw- cellence to ensure the public safety and ports and waterways are the foundation on yer Earle, a visionary Michigan public offi- welfare of those traveling throughout which America’s economy stands and grows. cial, the American Road and Transportation these United States. Our transportation network also allows Ameri- Builders Association is the Nation’s oldest I look forward to working with cans to pursue their constitutional Right to national association exclusively rep- ARTBA as Congress moves forward Travel. On behalf of West Virginia, I suggest resenting the transportation construction with reauthorization of TEA 21 next industry; that as many Americans as possible should Whereas, for a century, the American Road year. I urge the Congress to join me in exercise their Right to Travel by using avail- and Transportation Builders Association has commending ARTBA and its members able transportation opportunities in order to successfully advocated for strong Federal in- for their 100 years of service to the con- come to our fine state where they can visit its vestment in transportation infrastructure, struction industry and the important cities, towns, and scenic vistas. highlighted by the world’s greatest road net- work they do every day in building Transportation construction has been vital to work, the Dwight David Eisenhower System America. West Virginia’s improving industrial and com- of Interstate and Defense Highways; Mr. Speaker, I reserve the balance of munications networks. This, in turn, creates Whereas the transportation construction my time. industry that the American Road and Trans- greater job and education opportunities. Re- portation Builders Association represents Mr. CUMMINGS. Mr. Speaker, I yield cent flood control and community restoration works to constantly improve America’s myself such time as I may consume. efforts were also made possible by the ability transportation network, including our Na- Mr. Speaker, I want to commend the to utilize multiple transportation modes. In ad- tion’s roads, bridges, airports, mass transit gentleman from Wisconsin (Mr. PETRI) dition, transportation construction has greatly

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00007 Fmt 4634 Sfmt 9920 E:\CR\FM\A09SE7.022 H09PT1 H6094 CONGRESSIONAL RECORD — HOUSE September 9, 2002 improved West Virginians’ daily access to outstanding performance in the Little gentleman from Illinois (Mr. DAVIS) much-needed health care services, retirement League World Series. each will control 20 minutes. benefit providers, and the like. The Clerk read as follows: The Chair recognizes the gentle- Further, as President Dwight Eisenhower H. RES. 516 woman from Virginia (Mrs. JO ANN clearly understood, our Nation’s transportation Whereas the Valley Sports American Little DAVIS). network provides a critical infrastructure ele- League baseball team from Louisville, Ken- GENERAL LEAVE ment for national security. In the immediate tucky, is the first team from the United States to win the Little League World Series Mrs. JO ANN DAVIS of Virginia. Mr. wake of the September 11th attacks, the Speaker, I ask unanimous consent that strength of our Nation’s transportation net- since 1998; Whereas the Louisville team is the first all Members may have 5 legislative works enabled emergency responders from team from Kentucky to ever reach the title days within which to revise and extend various different areas to get to the crisis game of the Little League World Series in their remarks on House Resolution 516. areas in New York, Virginia, and Pennsylvania the 56-year history of the Little League Jun- The SPEAKER pro tempore. Is there in the most expeditious manner possible. Em- ior Division championship; objection to the request of the gentle- ploying this quick response ability aided our Whereas the Louisville team has attained a woman from Virginia? nation in providing much-needed assistance select position as one of only 10 United There was no objection. and in coordinating the subsequent recovery States teams to win the Little League World Series in the last 35 years; Mrs. JO ANN DAVIS of Virginia. Mr. efforts. ARTBA’s long-standing contributions Whereas the members of the Louisville which enabled such quick response following Speaker, I yield myself such time as I team demonstrated perseverance that rivals may consume. September 11th, deserve recognition as the that of any adult, with a season that started association celebrates this milestone. in June and required winning both State and Mr. Speaker, this resolution extends Our Nation owes a clear debt of gratitude regional championships to reach the World heartfelt congratulations from the and commendation to the ARTBA for their Series; House of Representatives to the Valley continuing efforts, which have contributed to Whereas throughout their season, the Lou- Sports American Little League base- isville team scored 106 runs, while allowing this country’s great infrastructure strength. ball team from Louisville, Kentucky, their competition to score only 10 runs; for winning the Little League World Mr. CUMMINGS. Mr. Speaker, I have Whereas the Louisville team played no further requests for time, and I expertly against a determined and talented Series. yield back the balance of my time. Japanese team for the Little League World On August 25, 2002, the Valley Sports Mr. PETRI. Mr. Speaker, I have no Series title; American Little League team won the further requests for time, and I yield Whereas the Louisville team broke mul- 56th Little League Baseball World Se- back the balance of my time. tiple Little League World Series records ries title by defeating the team from through a single pitcher achieving 44 strike- Sendai, Japan 1–0. The SPEAKER pro tempore. The outs and 21 scoreless innings; question is on the motion offered by Whereas the 12 players on the Louisville Mr. Speaker, the Valley Sports the gentleman from Wisconsin (Mr. team are a model to the Nation’s youth be- American Little League team is the PETRI) that the House suspend the cause of their dedication, determination, and first team from the United States to rules and agree to the concurrent reso- sportsmanship; win the Little League World Series lution, H. Con. Res. 442. Whereas in the legacy of world-renowned since 1998. The following is a descrip- Louisville Slugger bats and Hall-of-Fame tion of the team from Louisville, Ken- The question was taken; and (two- members Jim Bunning, Happy Chandler, Earl thirds having voted in favor thereof) Combs, and Pee Wee Reese, the Louisville tucky, as described by Little League the rules were suspended and the bill team has continued a long tradition of Ken- Baseball: was passed. tucky contributions to the game of baseball; ‘‘They may not have been the most A motion to reconsider was laid on Whereas the Louisville team’s performance talented team in the tournament. They the table. demonstrates to parents and communities may not have been the biggest or the throughout the Nation how athletic partici- strongest 11- and 12-year-olds in Wil- f pation builds character and leadership in liamsport during the last 9 days; but GENERAL LEAVE children; and Whereas the Louisville team’s spirit and they had worked the hardest, dedicated Mr. PETRI. Mr. Speaker, I ask unani- camaraderie and the support of the team’s themselves in ways others could not, mous consent that all Members may family members are a testimony to base- and now the Valley Sports American have 5 legislative days within which to ball’s ability to bring families together: Little Leaguers from Louisville, Ken- revise and extend their remarks and to Now, therefore, be it tucky, are the best in the world.’’ Resolved, That the House of Representa- Coaches and players alike have include extraneous material on H.R. tives— 5157, H. Con. Res. 402, and H. Con. Res. (1) congratulates the Valley Sports Amer- achieved something very few have. 442. ican Little League baseball team from Lou- This is an accomplishment that will be The SPEAKER pro tempore. Is there isville, Kentucky, for their outstanding per- with them for the rest of their lives, objection to the request of the gen- formance in winning the 2002 Little League and it is in the finest tradition of Ken- tleman from Wisconsin? World Series; tucky baseball. There was no objection. (2) recognizes Troy Osborne, the manager Perhaps one of these days one of of the Louisville team, assistant coaches these young players will follow Ken- f Keith Elkins and Dan Roach, and players Aaron Alvey, Justin Elkins, Ethan Henry, tucky’s Hall of Famer, Jim Bunning, CONGRATULATING THE VALLEY Alex Hornback, Wesley Jenkins, Casey Jor- and serve in the House and the U.S. SPORTS AMERICAN LITTLE dan, Shane Logsdon, Blaine Madden, Senate. But I am sure that they will all LEAGUE BASEBALL TEAM FROM Zachary Osborne, Jacob Remines, Josh Rob- be a credit to their country, to Ken- LOUISVILLE, KENTUCKY, FOR inson, and Wes Walden for demonstrating ex- tucky, to Louisville, and to their fami- THEIR OUTSTANDING PERFORM- cellence and character throughout a summer lies. They have started out well. of little league baseball; and ANCE IN THE LITTLE LEAGUE Mr. Speaker, it is appropriate that WORLD SERIES (3) commends Little League Baseball for its 63-year tradition of encouraging the de- the House recognize the dedicated work Mrs. JO ANN DAVIS of Virginia. Mr. velopment of sportsmanship and confidence and outstanding accomplishments of Speaker, I move to suspend the rules in youth through its sponsorship of world- Valley Sports American Little League and agree to the resolution (H. Res. class baseball. Baseball team from Louisville, Ken- 516) congratulating the Valley Sports The SPEAKER pro tempore. Pursu- tucky. The Louisville team’s perform- American Little League baseball team ant to the rule, the gentlewoman from ance demonstrates to parents and com- from Louisville, Kentucky, for their Virginia (Mrs. JO ANN DAVIS) and the munities throughout the Nation how

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.014 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6095 athletic participation builds character I also take this opportunity to salute b 1430 and leadership in their children. those Little League teams in my own PETER J. GANCI, JR. POST OFFICE Mr. Speaker, I ask all Members to community, Dwayne Truss and Cata BUILDING support this resolution. Truss who developed the Mandela Lit- Mr. Speaker, I reserve the balance of tle League; and of course everybody in Mrs. JO ANN DAVIS of Virginia. Mr. my time. my city of Chicago knows about the Speaker, I move to suspend the rules Mr. DAVIS of Illinois. Mr. Speaker, I Jackie Robinson West Little League and pass the bill (H.R. 5336) to des- yield myself such time as I might con- and the Southeast Little League and ignate the facility of the United States sume. the North Lawndale Little League Postal Service located at 380 Main Mr. Speaker, the Valley Sports Baseball teams. Street in Farmingdale, New York, as American Little League team from the ‘‘Peter J. Ganci, Jr. Post Office So it is a great day for Little League Louisville, Kentucky, captured their Building.’’ activity. It is a great day for young city’s and the Nation’s attention with The Clerk read as follows: the 1–0 victory over Sendai, Japan, in people being engaged, involved, dis- ciplined with adult supervision. That, H.R. 5336 the Little League World Series title Be it enacted by the Senate and House of Rep- game last month. Mr. Speaker, is what I think will keep young people off the streets, will keep resentatives of the United States of America in Valley Sports, which won the na- Congress assembled, young people from ending up in correc- tional championship game against SECTION 1. PETER J. GANCI POST OFFICE BUILD- Worcester, Massachusetts, became the tional institutions, and will help Amer- ING. first U.S. team to win the World Series ica continue to grow and become the (a) DESIGNATION.—The facility of the since East Toms River, New Jersey, in Nation that it really has the potential United States Postal Service located at 380 1998. of being. Main Street in Farmingdale, New York, shall When the team held its first practice So I join in giving all of the acco- be known and designated as the ‘‘Peter J. Ganci, Jr. Post Office Building’’. on June 16, they had not yet developed lades that we can muster to the Valley their trademark, which became pitch- (b) REFERENCES.—Any reference in a law, Sports Little League team, who be- map, regulation, document, paper, or other ing and defense. This came with hard came not only the best in their city, record of the United States to the facility re- work and determination. During the the best in their country, but the best ferred to in subsection (a) shall be deemed to first few days, the team looked nothing internationally. We honor them as we be a reference to the Peter J. Ganci, Jr. Post like the one that would win the Little honor America. Office Building. League World Series. The basemen had Mr. Speaker, I have no further re- The SPEAKER pro tempore (Mr. DAN difficulty catching; and, of course, no- quests for time, and I yield back the MILLER of Florida). Pursuant to the body could make a great throw. But balance of my time. rule, the gentlewoman from Virginia the coaches figured the only way to get Mrs. JO ANN DAVIS of Virginia. Mr. (Mrs. JO ANN DAVIS) and the gentleman better was through hard work. The from Illinois (Mr. DAVIS) each will con- team routinely held 5-hour practices on Speaker, I yield myself such time as I may consume. trol 20 minutes. week days and sometimes as much as 8 The Chair recognizes the gentle- Mr. Speaker, I would like to join my hours on weekends. Defense was con- woman from Virginia (Mrs. JO ANN colleague from Illinois in commending stantly being reinforced and it paid off. DAVIS). Japanese teams had won two of the all of the little league teams around GENERAL LEAVE previous three World Series titles; but the country. As a former little league the Valley Sports team used their rec- team mom, and my husband being a Mrs. JO ANN DAVIS of Virginia. Mr. ipe for success, pitching, defense and little league manager for many many Speaker, I ask unanimous consent that discipline, to win the big game. The years with our two sons, it is a great all Members may have 5 legislative coaches, Troy Osborne, Keith Elkins, pastime. It is a great opportunity for days within which to revise and extend and Dan Roach demanded discipline on our young boys and girls to participate their remarks on the bill under consid- and off the field. The team was re- in little league. I would like to com- eration. quired to answer ‘‘yes, sir’’ or ‘‘no, mend my colleague, the gentlewoman The SPEAKER pro tempore. Is there objection to the request of the gentle- ma’am’’ when addressing adults. Does from Kentucky (Mrs. NORTHUP), for in- that not sound interesting? They were troducing this legislation to commend woman from Virginia? expected to conduct themselves prop- our little leaguers from Kentucky and There was no objection. erly with no showboating allowed. The to salute all of our little leaguers Mrs. JO ANN DAVIS of Virginia. Mr. team got better and better with every around the United States and the Speaker, I yield myself such time as I game. world. may consume. In a little more than 2 months, 12 Mr. Speaker, H.R. 5336, introduced by Mr. Speaker, I urge adoption of this our distinguished colleague from New young boys used their free time to measure. dedicate themselves to our national York (Mr. KING), designates a post of- pastime, baseball. Team work, commit- Mr. Speaker, I yield back the balance fice in Farmingdale, New York, as the ment, dedication and discipline and a of my time. Peter J. Ganci, Jr., Post Office Build- positive attitude transformed the Val- The SPEAKER pro tempore. The ing. Members of the entire House dele- ley Sports Little League team into a question is on the motion offered by gation from the State of New York are national and international champion- the gentlewoman from Virginia (Mrs. cosponsors of this legislation. ship team. JO ANN DAVIS) that the House suspend Mr. Speaker, on September 11, imme- We always place a premium on win- the rules and agree to the resolution, diately after a jet struck the first ning. But I think that when we have H. Res. 516. tower at the World Trade Center, Peter great little league programs with the The question was taken. Ganci, chief of department for the New active involvement and participation The SPEAKER pro tempore. In the York City Fire Department, rushed to of parents and other adult volunteers, opinion of the Chair, two-thirds of the scene from his command post in every child, every young person per- those present have voted in the affirm- downtown Brooklyn and started the haps is a winner. And not only is this ative. rescue effort. an opportunity to salute the Valley He was in the basement of Tower One Sports Little League team, but it is Mrs. JO ANN DAVIS of Virginia. Mr. when it collapsed. Miraculously, he also an opportunity to salute all of Speaker, on that I demand the yeas survived, dug himself out of the rubble those parents and volunteers and and nays. and went back to work. coaches and young people throughout The yeas and nays were ordered. It then became apparent that the sec- America who engage and involve them- The SPEAKER pro tempore. Pursu- ond tower would fall. Ganci, as the selves in disciplined activity that is de- ant to clause 8 of rule XX and the highest ranking uniformed officer on signed to develop men, in many in- Chair’s prior announcement, further the scene, directed everyone to clear stances, and women, out of boys and proceedings on this motion will be out of the area, but Ganci did not him- girls. postponed. self leave while his men were inside the

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.015 H09PT1 H6096 CONGRESSIONAL RECORD — HOUSE September 9, 2002 tower. Ganci said, ‘‘I’m not leaving my A hands-on man, Chief Ganci was would like to focus on today is that men,’’ and advanced toward the towers doing his job, commanding the rescue after that attack, actually as the at- to continue his life’s work of saving operations at the New York World tack was going on, as the buildings and protecting others. Trade Center. were burning, as the buildings were Chief Ganci was in the basement of Accordingly, I urge swift passage of coming down, as people were being the second tower when it collapsed. this bill and commend my colleague for killed, as people were being rescued, Prior to joining the New York City seeking to honor Chief Peter J. Ganci, what the eyes of the world and the eyes Fire Department, Ganci served in the Jr., in this matter. of the country saw was the valor of the Farmingdale Fire Department as a vol- Mr. Speaker, I do not believe that we New York City firefighters and police unteer and in the 82nd Airborne Divi- have any other requests for time, and I officers, those who were carrying out sion. Ganci served in the New York yield back the balance of my time. this rescue operation under the most Fire Department for 33 years and was Mrs. JO ANN DAVIS of Virginia. Mr. trying circumstances, and the person decorated repeatedly for bravery. Speaker, I am pleased to yield as much who was leading that operation was Ganci is survived by his wife, Kath- time as he may consume to the gen- Chief Ganci. Just think what would leen; his sons, Christopher and Peter; tleman from New York (Mr. KING), the have happened if he had not done what and his daughter, Danielle. His son, author of this legislation. he did, if the firefighters had not re- Peter Ganci, III, now serves with Lad- Mr. KING. Mr. Speaker, I thank the sponded the way they did, instead of der Company 111 of the New York City gentlewoman for yielding me the time. running into the building, Chief Ganci Fire Department. Mr. Speaker, I am privileged to rise had run out of the building and kept Mr. Speaker, I urge adoption of H.R. today in support of this legislation. going, but instead he went back right 5336. Pete Ganci was a constituent of mine. in the line of fire, the battlefield com- Mr. Speaker, I reserve the balance of He was an individual who personified mander who died with his men, and it my time. the leadership and the bravery which was that type of courage that was Mr. DAVIS of Illinois. Mr. Speaker, I resulted last September 11 in the great- shown that day, that type of heroism yield myself such time as I might con- est rescue operation in the history of that was shown that day, that type of sume. this country. spirit that was shown that day which I As a member of the House Committee Twenty-five thousand people were think has inspired our country to fight on Government Reform, I am pleased rescued that day, and it was done pri- back, to come back and to win this war to join my colleague today in the con- marily through the efforts of the New against international terrorism, and sideration of two postal naming bills: York City Fire Department, and Chief even just as importantly, to show that H.R. 5336, introduced by the gentleman Pete Ganci was the chief of the depart- America cannot be vanquished, that we from New York (Mr. KING), which ment, who was also the highest rank- can take the best shot of the enemy names a post office in Farmingdale, ing uniformed officer ever to die in the and come back stronger than ever. New York, after Peter Ganci; and H.R. line of duty, and as the gentlewoman That is what Chief Ganci personified 4797, introduced by the gentleman from pointed out, Chief Ganci was there that that day. In fact, it is the type of story, California (Mr. BECERRA), which names day with his men. Chief Ganci was that if somebody had produced a movie a post office in Los Angeles, California, there in the line of duty. about it, it would not have been be- after Nat King Cole. These measures Chief Ganci was there directing the lieved, for a person to be there when have the support of their respective operation against this horrific attack the first tower came down and some- State congressional delegations to that was carried out against our coun- how survive it and go back in and to be name United States postal facilities try, and when the first tower fell, Chief killed in the second tower, which to me after very deserving individuals, and I Ganci barely escaped with his life, and is the type of courage that I cannot urge their swift passage. when he saw the terrible carnage that even begin to fathom. H.R. 5336, to designate the facility of resulted and saw the terrible danger This was the first battle, Mr. Speak- er, and the first great war of the 21st the United States Postal Service lo- which was still being faced by the century, and Chief Ganci died as a bat- cated at 380 Main Street in Farming- north tower, which had not yet fallen, tlefield commander in that war, and for dale, New York, as the Peter J. Ganci, Chief Ganci ordered the entire oper- that, this country owes him its Jr., Post Office Building, was intro- ation to be moved north. untiring thanks and gratitude for all duced by the gentleman from New As the entire operation, including that he has done. ING) on September 5, 2002. the mayor and other officials, went York (Mr. K I want to say a special debt of thanks An American hero, Peter J. Ganci north, Pete Ganci went south to be to his wife, Kathy, who has shown tre- was the New York City Fire Depart- with his men, and that personified the mendous courage throughout this en- ment’s highest ranking chief who died type of leadership which Pete Ganci tire almost now 363 days, and his son, when the World Trade Center came gave in the New York City Fire Depart- Pete, who is a member of the New York down. Chief Ganci had been on the ment. As the gentlewoman pointed out, City Fire Department, his son, Chris, radio in front of the trade center di- he had been a member of the depart- and his daughter, Danielle. recting the rescue efforts when the ment more than 33 years, rising to the I also want to thank the other 30 building collapsed. highest office in that department, chief members of the New York delegation Who was Chief Ganci? He was 54- of the department. Prior to that, he for unanimously supporting this reso- years-old and a resident of Massapequa, had been a paratrooper in the 82nd Air- lution. To me, it is just another indica- New York; the chief of the department, borne, and until his death, he was an tion of the tremendous regard that all one of the highest ranking uniformed active member of the Farmingdale Vol- the men and women of the New York officers in the fire department; hus- unteer Fire Department in New York. City Fire Department had for Chief band to Kathleen; father to Peter, III, Mr. Speaker, at this point also, be- Ganci and, indeed, all of the members Christopher and Danielle. He was also a fore I digress, though, I want to pay a of the New York delegation, everyone 33-year-old veteran of the New York special debt of thanks to Sal Pontillo, who had the opportunity to know Chief Fire Department, whose son Peter is a the Nassau County legislator who rep- Ganci. firefighter assigned to Ladder Company resents the district in which Mr. Ganci I can say I was at his funeral last 111 in Brooklyn, New York, and Brook- lived in Nassau County, and he has September 15. It was one of the most lyn, New York, is the place where come to me with this request. We have moving moments I have ever been in- Peter Ganci got his start in 1960. worked closely on it, and he has also volved in, to see the tremendous out- After serving in engine and ladder served as liaison with the Ganci family pouring of support from his community companies, Mr. Ganci rose to lieuten- and helped to bring this about. in North Massapequa and Farmingdale, ant, captain, battalion chief, deputy Mr. Speaker, many of us look back all of the surrounding community, by chief and then acting chief. He also ran on the date of September 11 and we re- the thousands, coming out to join in the Bureau of Fire Investigation, was alize what a turning point it was in the this salute to Chief Pete Ganci. appointed the chief of operations prior history of our country. It was a turning So, Mr. Speaker, with that I thank to becoming chief of the department. point for many reasons. The point I the gentlewoman for yielding me the

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.019 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6097 time. I thank the House for considering nationally for more than a year beginning in pop ballad singer and jazz pianist, Nat this resolution today, and I extend my 1956 and was the first television show to be was also the first African American very best thoughts, prayers and grati- hosted by an African-American artist. man to have his own radio show, which tude to the Ganci family for all they (7) Nat King Cole graced southern Cali- began in 1946. Ten years later he was fornia with his music during the formative have gone through. years of his music career and formed the suc- the first African American to host his Mrs. JO ANN DAVIS of Virginia. Mr. cessful ‘‘King Cole Trio’’ in Los Angeles, own television show, and it was enor- Speaker, I yield myself such time as I California. mously popular as well. may consume. (8) Nat King Cole’s recording of ‘‘Route 66’’ Although his life was sadly cut short I thank my colleague for introducing serenaded generations of eager California in 1965, his legacy has lived on in part this legislation to honor the chief of immigrants. because of the great success of his the New York City Fire Department. (9) Nat King Cole’s recorded rendition of daughter, Natalie, who has revived As the wife of a professional firefighter ‘‘The Christmas Song’’ symbolizes the family much of Nat King Cole’s music by sing- warmth of the yuletide season. for almost 30 years, I know the bravery (10) Nat King Cole’s disarming delivery ing many of his songs in recent years. that these firefighters have, and I have teaches people the meaning of ‘‘Unforget- Mr. Speaker, I urge all my colleagues had people tell me why they let chiefs table’’. to honor Nat King Cole by supporting send men in there to their deaths, and (11) Although Nat King Cole died from lung this resolution. I have told them quite clearly, if he cancer on February 15, 1965, the music and Mr. Speaker, I reserve the balance of would not have sent them in, I know embracing baritone voice of Nat King Cole my time. the firefighters would have gone in, are lasting legacies that continue to be en- Mr. DAVIS of Illinois. Mr. Speaker, I anyway. That is just the type of brav- joyed by people worldwide. yield myself such time as I might con- (12) Nat King Cole exemplifies the Amer- sume. ery they do have, and again, I thank ican dream by having overcome societal and my colleagues, and I urge adoption of other barriers to become one of the great H.R. 4797, to redesignate the facility this resolution. American entertainers. of the United States Postal Service lo- Mr. Speaker, I yield back the balance (13) Members of the community sur- cated at 265 South Western Avenue, of my time. rounding the Oakwood Station Post Office in Los Angeles, California, as the Nat The SPEAKER pro tempore. The Los Angeles, California, have advocated for King Cole Post Office, was introduced question is on the motion offered by the renaming of the post office in honor of by the gentleman from California (Mr. the gentlewoman from Virginia (Mrs. Nat King Cole, a former resident of the area. BECERRA), on May 22, 2002. JO ANN DAVIS) that the House suspend SEC. 2. REDESIGNATION AND REFERENCES. Nat King Cole was born Nathaniel the rules and pass the bill, H.R. 5336. (a) REDESIGNATION.—The facility of the Adams Coles in 1919 in Montgomery, The question was taken; and (two- United States Postal Service located at 265 South Western Avenue, Los Angeles, Cali- Alabama. He moved to the great jazz thirds having voted in favor thereof) fornia, and known as the Oakwood Station city of Chicago when he was four be- the rules were suspended and the bill Post Office, shall be known and designated cause his father, a Baptist minister, was passed. as the ‘‘Nat King Cole Post Office’’. had accepted pastorship of the True A motion to reconsider was laid on (b) REFERENCES.—Any reference in a law, Light Baptist Church. the table. map, regulation, document, paper, or other In Chicago, Nat King Cole’s mother, record of the United States to the facility re- f Perlina, directed the choir at her hus- ferred to in subsection (a) shall be deemed to band’s church and introduced all the NAT KING COLE POST OFFICE be a reference to the ‘‘Nat King Cole Post Of- fice’’. Coles children, Edward, Nathaniel, Mrs. JO ANN DAVIS of Virginia. Mr. Eddie Mae, Evelyne, Issac and Lionel, Speaker, I move to suspend the rules The SPEAKER pro tempore. Pursu- to music early on. All four of the Coles and pass the bill (H.R. 4797) to redesig- ant to the rule, the gentlewoman from sons went on to become professional nate the facility of the United States Virginia (Mrs. JO ANN DAVIS) and the musicians. Postal Service located at 265 South gentleman from Illinois (Mr. DAVIS) Nat’s singing career began early. He Western Avenue, Los Angeles, Cali- each will control 20 minutes. was just four when he performed, ‘‘Yes, fornia, as the ‘‘Nat King Cole Post Of- The Chair recognizes the gentle- We Have No Bananas.’’ He went on to fice.’’ woman from Virginia (Mrs. JO ANN take piano lessons and play the organ The Clerk read as follows: DAVIS). in his father’s church. While attending H.R. 4797 GENERAL LEAVE Wendell Phillips High School in Chi- Be it enacted by the Senate and House of Rep- Mrs. JO ANN DAVIS of Virginia. Mr. cago which, of course, is in my congres- resentatives of the United States of America in Speaker, I ask unanimous consent that sional district, Nat and his brothers be- Congress assembled, all Members may have 5 legislative came true believers of jazz music and SECTION 1. FINDINGS. days within which to revise and extend constant fixtures on Chicago’s South Congress finds the following: their remarks on the bill under consid- Side, the center of jazz. (1) Nat King Cole was born Nathaniel eration. Adams Coles in Montgomery, Alabama, dur- The SPEAKER pro tempore. Is there b 1445 ing the difficult period of segregation in the objection to the request of the gentle- Growing up, he was most influenced United States, and was raised in the ghettos by pianist Earl ‘‘Fatha’’ Hines. After of the south side of Chicago, Illinois, where woman from Virginia? he endured the harshness of poverty. There was no objection. organizing and playing in a series of (2) Nat King Cole was often confronted Mrs. JO ANN DAVIS of Virginia. Mr. music groups, Nat ‘‘King’’ Cole moved with racism during his career, including Speaker, I yield myself such time as I to Los Angeles, where he formed the being attacked by members of a white su- may consume. group which later became the King premacist group while he was on stage in H.R. 4797, introduced by the gen- Cole Trio. He recorded his First Na- Birmingham, Alabama, in 1956. tleman from the State of California tional hit, Straighten Up and Fly (3) Nat King Cole allowed neither poverty (Mr. BECERRA), designates the post of- Right, and went on to record such fa- nor racism to prevent him from sharing his fice located at 265 South Western Ave- vorites as The Christmas Song, Mona music with people worldwide and from leav- ing a lasting impression on American cul- nue, Los Angeles, California, as the Lisa, Route 66, Chestnuts Roasting on ture. Nat King Cole Post Office. Members of an Open Fire, Rambling Rose, and (4) Nat King Cole established himself as the entire delegation from the State of many more. the best selling African-American recording California are cosponsors of the bill. Not only a talented singer, he was artist of his generation. Nat King Cole was truly one of the also the first black jazz musician to (5) Nat King Cole and his family became most unforgettable entertainers in our have his own weekly radio show in 1948 the first African-American family to inte- Nation’s history. Born in Montgomery, and 1949 and network television show grate the community of Hancock Park in Alabama, in 1919, Nat King Cole was a in 1956 and 1957. He was also an actor in Los Angeles when, despite threats and pro- tests from local residents, they purchased musical pioneer that helped to pave the St. Louis Blues, 1958, and Cat Ballou in their English Tudor mansion in 1948. way for countless black musicians to 1964. (6) ‘‘The Nat King Cole Show’’, primarily achieve success in the United States. Although a great man with a fan- broadcast from Burbank, California, aired Most widely known for his music as a tastic voice, Nat ‘‘King’’ Cole was not

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.021 H09PT1 H6098 CONGRESSIONAL RECORD — HOUSE September 9, 2002 immune to discrimination. His tele- fice, a building owned and operated by he would stand at the alley and listen vision show was canceled because he the people of this government and of right next to the stage door. could not find a national sponsor. this Nation. During his teenage years, Nat ‘‘King’’ Being black was seen by many as the I cannot, however, nor can my col- Cole was involved with several musical reason for the lack of advertising. leagues, be the only ones to take credit groups. He loved to perform and to When he moved to an exclusive section for this opportunity to fete Nat ‘‘King’’ share his music with others. In 1937, of Los Angeles in 1949, neighbors Cole. The fact that we are designating Nat and Eddie joined a revival of the formed an association to keep him this post office after a legend is truly review ‘‘Shuffle Along.’’ The show took from moving in. In 1956, while playing due to the people who live in and the road after 6 weeks in Chicago. to a segregated audience in Bir- around the area of 265 South Western When the show suddenly folded, Nat mingham, Alabama, he was attacked Avenue, because it is the folks who live found himself in Southern California, by a group of white men. After com- in the community that surround this and that is where he decided to stay. pleting his performance, Nat ‘‘King’’ area who chose Nat ‘‘King’’ Cole as the This was the beginning of his life in the Cole vowed never to return to the person to pay tribute to and to name Los Angeles area, and we are all fortu- South, and he never did. this post office after. I want to thank nate for his impression on Southern In 1965, after battling an advanced all of them for having stepped forward California. case of lung cancer, Nat ‘‘King’’ Cole and in a very democratic process and In the late 1930s, Nat ‘‘King’’ Cole died on February 15 at Saint John’s deciding that it was best and most fit- was asked to form a small group to Hospital in Santa Monica, California. ting to name this post office after a play at a Los Angeles nightclub. It was Mr. Speaker, I would urge swift pas- former resident of the area, and cer- the owner of this nightclub, Mr. Bob sage of this bill and commend my col- tainly a man that we will all remem- Lewis, who gave Nat his new renowned league from California for seeking to ber. nickname of ‘‘King’’ Cole, and he asked honor the legacy of the late Nat As my colleague, the gentleman from Nat to wear a crown of gold on stage. ‘‘King’’ Cole in this manner. Illinois (Mr. DAVIS), had said, Nat In fact, the group became known as the Mr. Speaker, I reserve the balance of ‘‘King’’ Cole remains an icon as one of King Cole Trio, and it was led by Nat. my time. America’s most beloved entertainers, While the gold-colored paper crown did Mrs. JO ANN DAVIS of Virginia. Mr. even 37 years after his untimely death not last, the name and its significance Speaker, I reserve the balance of my in 1965. His story is one of determina- endures to this day. time. tion, courage and resilience. We recog- Many legends of entertainment got Mr. DAVIS of Illinois. Mr. Speaker, I nize him today as one of the pioneers their break in Los Angeles and in yield such time as he may consume to who left his mark in an industry that Southern California, and that area the gentleman from Los Angeles, Cali- is now part of the fabric of Los Ange- proved to be fertile ground for Nat fornia (Mr. BECERRA). les. But his impression on our city and ‘‘King’’ Cole as well. The King Cole Mr. BECERRA. Mr. Speaker, I thank this Nation goes far beyond that. Trio developed a huge following. They the gentleman from Illinois, someone Nat ‘‘King’’ Cole was born Nathaniel found almost constant work in the Los who represents the area where Mr. Cole Adams Coles in Montgomery, Alabama, Angeles area. And by the way, prior to lived for a time, for yielding me this in 1919 during that very regrettable pe- booking the King Cole Trio, many of time. I also would like to thank the riod of segregation in this country. At these nightclubs had never hired Afri- chairman of the committee, the gen- the age of 4, Nat’s father moved the can American entertainers before. This tleman from Indiana (Mr. BURTON) and Coles family, and it is Coles with an trio went on to make some of their own the ranking member, the gentleman ‘‘s,’’ to Chicago, where his father ac- recordings on what was known as the from California (Mr. WAXMAN), and the cepted the pastorship of the True Light ‘‘race record’’ market, which is what gentlewoman from Virginia (Mrs. JO Baptist Church. Nat spent his child- made it possible for Nat ‘‘King’’ Cole to ANN DAVIS) as well for this opportunity hood in the ghettos of the South Side do the recordings. Because, remember, to bring forward a tribute to an indi- of Chicago. But while Nat did not have those were days when it was very dif- vidual who will go down in the annals the means to dream, he certainly had ficult for talented men and women of of America as not just a grand enter- the capacity to do so, and, ultimately, African American descent to record tainer but a decent and loving Amer- live out those dreams. and even to present their music and ican. Perlina Coles, Nat’s mother, directed their talents before audiences. I want to extend my thanks to my the choir at the True Light Baptist In 1943, Capitol Records, then a fledg- colleagues from California, the 54 Church, and she is the one that intro- ling company, signed the King Cole Members of the California delegation, duced the Coles children to music early Trio. The Trio’s recording on that label which includes our two Senators, for on. Nat’s musical talents exhibited of Straighten Up and Fly Right became their support of the Cole family in this themselves at a very, very young age. a smash hit in 1944, and it appealed to effort to give Nat ‘‘King’’ Cole the rec- His first public performance was at the not just black audiences but white au- ognition in this small way that he so age of 4 in Chicago’s Regal Theater. As diences as well. Nat ‘‘King’’ Cole com- deserves from this country. I would a youngster, Nat would sing and play posed this song and based the lyrics on also like to thank the many other the organ at his father’s church. His one of his father’s sermons. The record- Members who signed onto this legisla- mother wanted Nat to become a clas- ing also brought jazz and popular tion as original cosponsors, many from sical pianist, but Nat’s passion was music together. The other works of the Congressional Black Caucus and jazz. this Trio included For Sentimental other colleagues who recognized that it Chicago was just the place to be for Reasons and The Christmas Song, was fitting to pay tribute to this indi- Nat ‘‘King’’ Cole to satisfy those tastes which emphasized Nat ‘‘King’’ Cole as a vidual. for jazz music. The city, at the time, vocalist for the first time. Before that, Mr. Speaker, Nat ‘‘King’’ Cole is but hosted jazz talents like Louis Arm- Nat ‘‘King’’ Cole would sing only on oc- a legend in America, but in our hearts strong, Fats Waller, Earl Hines. And casion to add some flavor to the instru- he is someone who was able to touch we should all recognize that not long mental trio. us. H.R. 4797 is but a small token of ap- ago, this past week, we lost Mr. Lionel In fact, if you look back at history, preciation that will forever give mem- Hampton, another great of American Nat would say that he never thought of ory to his work and his love of this entertainment and art and a great jazz himself much as a vocalist. And while country. On South Western Avenue in artist in his own right. we find that very hard to believe, that Los Angeles, California, at the site of Nat and his brother Eddie would go is what he thought. And not just then, 265 South Western Avenue, those who off as often as they could to hear jazz but he held that view of his singing happen to cross that busy street will musicians play and to perform in Chi- abilities even after he had become one have an opportunity to see the name of cago’s South Side, which was the Afri- of this country’s most recognized sing- Nat ‘‘King’’ Cole, and, hopefully, they can American community’s center for ers. In fact, one of the world’s most will appreciate what it takes to have jazz action in the 1930s. Even when Nat recognized singers. All of us would one’s name on the marquis of a post of- could not afford the price of admission, have to disagree at least on that point

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.024 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6099 in his assessment of his vocal abilities. impression on music lovers of all ages greats Lester Young and Charlie Most would say his voice was ‘‘Unfor- and races. The Oakwood post office at Parker. gettable.’’ 265 South Western Avenue in Los Ange- In 1956, Cole debuted his own tele- Nat ‘‘King’’ Cole indeed was a man les is Nat’s post office. He lived within vision show, which quickly became a with talents that could not be con- a few miles from the station and he is major hit. Despite its success, many tained by any particular genre. He the pride of the community. I believe major advertisers refused to have com- slowly moved away from jazz and to- that this bill provides a fitting tribute mercials aired on it for fear that they wards popular music. In 1955, the King to a man whose legacy is simply unfor- would alienate the white population Cole Trio disbanded, but Nat ‘‘King’’ gettable. and, in particular, their Southern cus- Cole continued to find success with To the many residents and friends tomers. songs like Too Young, Answer Me My and neighbors who made this possible Nat King Cole first recorded with Love, Mona Lisa and, of course, Unfor- today, and who will, when we have a Decca Records, and later with Capitol gettable. Mr. Cole sold more than 50 chance to see President Bush sign this Records. Sales of his albums brought million records. He contributed so legislation into law, be present to com- Capitol unprecedented commercial suc- much to the success of Capitol Records memorate this post office after Nat cess, and some have even labeled Cap- itol Records’ famous circular building that its headquarters became known as ‘‘King’’ Cole, I say, ‘‘Thank you so in Hollywood as ‘‘The House that Nat the ‘‘House That Nat Built.’’ His popu- much for recognizing an American larity would make him the first Afri- Built.’’ hero,’’ and, ‘‘Thank you so much for But Nat King Cole’s contribution to can American to have his own radio helping us in the people’s House recog- American art was matched by his con- show and he would later also host his nize the accomplishments of great tribution to American society. Cole own TV shows. Americans.’’ was a quiet, but consistent, force for However, Nat ‘‘King’’ Cole did not al- b 1500 integration. During an age when many ways have an easy road. He was not im- black artists were resigned to the re- mune to the intolerance of the mid Mr. Speaker, with great honor and deference, we recognize a man who will ality of racial segregation, Cole refused 20th Century. Indeed, as we look at his to play in segregated clubs. In 1949 impressive songbook, we cannot forget live far beyond our lifetime. Mr. DAVIS of Illinois. Mr. Speaker, I when Cole moved with his family to the struggles he had to overcome as an the exclusive Hancock Park neighbor- yield myself such time as I may con- African American performer during hood in Los Angeles, an area rep- sume. that period in our Nation’s history. In resented now by the gentleman from Mr. Speaker, I thank the gentleman October 1956, Nat ‘‘King’’ Cole was California (Mr. BECERRA) and myself, from California (Mr. BECERRA) for his given his own television show by NBC. Cole faced hostility from his new introduction and certainly for the This show received good ratings but neighbors. Yet Cole stood his ground, failed to receive sponsorship and it was statement the gentleman has just and successfully integrated the neigh- taken off the air after only one year. shared with us. borhood, which remains one of Los An- Most believed that the primary lack of Mr. Speaker, I yield such time as she geles’ most prestigious addresses. So I interest by advertisers was due to Nat may consume to the gentlewoman from am proud to join the gentleman from California (Ms. WATSON). ‘‘King’’ Cole’s race. California (Mr. BECERRA) and the rest But being taken off the air was not Ms. WATSON of California. Mr. of my colleagues to rename a post of- the only injustice Nat ‘‘King’’ Cole Speaker, I thank the gentleman for fice in the Hancock neighborhood after faced for being a successful black artist yielding me this time. And I thank the Nat King Cole. He is lovingly remem- at the time. Nat faced physical intimi- gentleman from California (Mr. BECER- bered as a great musical talent, but dation and violence. In 1956, Nat re- RA) for introducing this legislation. also as a great American. turned to his native Alabama where his I was just up in New York at the fu- Mr. DAVIS of Illinois. Mr. Speaker, I integrated group performed in front of neral for Lionel Hampton; and all of yield myself such time as I may con- a segregated audience in Birmingham. the way through, the talented per- sume. As a reaction, four members of the formers would recall when they were Mr. Speaker, I would close by saying White Citizens Council attacked him all together, and Nat King Cole was that the life of Nat King Cole is an- on stage. But so determined was Nat part of that group. He was a man whose other example of all that it has taken ‘‘King’’ Cole, that even though he was artistic talent was matched only by his to make America the great Nation that hurt, he returned to the stage and fin- efforts to break down the barriers that it is. I join with my colleagues in urg- ished his show. divided America from itself. ing swift passage of this bill. In Los Angeles, where we will honor Nat King Cole had a gift of enormous Mr. Speaker, I yield back the balance him with a post office that carries his musical talent. He did not like his of my time. name, Nat was not immune to preju- singing voice; he thought it was not Mrs. JO ANN DAVIS of Virginia. Mr. dice. When Nat and his family wanted good enough so he thought he should Speaker, I urge adoption of this meas- to move into the exclusive Hancock play, but they talked him into singing ure, and I yield back the balance of my Park section of Los Angeles, residents while he was playing. He was known time. The SPEAKER pro tempore (Mr. DAN of the all-white community formed an most for his singular voice, bringing MILLER of Florida). The question is on association to keep him and his family alive such tunes as ‘‘Mona Lisa,’’ the motion offered by the gentlewoman out. But despite the threats, Nat ‘‘Rambling Rose,’’ ‘‘The Christmas from Virginia (Mrs. JO ANN DAVIS) that ‘‘King’’ Cole purchased and moved into Song,’’ and ‘‘Unforgettable.’’ His the House suspend the rules and pass his English Tudor mansion in Hancock daughter, Natalie Cole, would say that for many a year she mourned her fa- the bill, H.R. 4797. Park. The question was taken; and (two- ther’s death and did not have the cour- Nat ‘‘King’’ Cole exemplifies the thirds having voted in favor thereof) age to record with him until much American dream. He endured the rac- the rules were suspended and the bill later after his death; and the song ‘‘Un- ism of the time and overcame the pov- was passed. erty to which he was born and worked forgettable’’ truly will live forever. He A motion to reconsider was laid on to be one of the most beloved American was truly unforgettable. the table. entertainers of our time. Thirty-seven But many experts considered his f years after his untimely death from work as a pianist as his most signifi- lung cancer on February 15, 1965, his cant contribution to American music. RECESS legacy lives on. Modern popular music He was recognized among jazz musi- The SPEAKER pro tempore. Pursu- entertainers like Celine Dion continue cians as one of the most formidable and ant to clause 12 of rule I, the Chair de- to record songs made famous by Nat technically proficient pianists of his clares the House in recess until ap- ‘‘King’’ Cole. day. His trio format influenced jazz pi- proximately 6:30 p.m. today. With determination, courage, and re- anist greats Ahmad Jamal and Art Accordingly (at 3 o’clock and 5 min- silience, Nat ‘‘King’’ Cole overcame Tatum. In the 1940s, he played piano on utes p.m.), the House stood in recess tremendous obstacles to leave a lasting recordings with jazz seminal jazz until approximately 6:30 p.m.

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.025 H09PT1 H6100 CONGRESSIONAL RECORD — HOUSE September 9, 2002 b 1831 Brady (TX) Hinojosa Ortiz Vitter Weldon (FL) Wilson (SC) Brown (OH) Hobson Osborne Walden Weldon (PA) Wolf AFTER RECESS Brown (SC) Hoeffel Ose Watson (CA) Wexler Woolsey Burr Holden Otter Watt (NC) Whitfield Wu The recess having expired, the House Burton Holt Oxley Waxman Wicker Wynn was called to order by the Speaker pro Buyer Honda Pallone Weiner Wilson (NM) Young (AK) Calvert Hooley Pastor tempore (Mr. ISAKSON) at 6 o’clock and Camp Horn Paul NOT VOTING—83 31 minutes p.m. Cantor Hostettler Payne Baldacci Gutierrez Neal Capito Houghton Pelosi Barr Hall (OH) f Owens Capps Hoyer Pence Barrett Hall (TX) Pascrell REAPPOINTMENT AS MEMBER TO Capuano Hulshof Peterson (MN) Bishop Hansen Pryce (OH) Cardin Hunter Peterson (PA) Blagojevich Hastings (WA) Riley NATIONAL SKILL STANDARDS Carson (IN) Hyde Petri Boehlert Hilleary Ros-Lehtinen BOARD Carson (OK) Inslee Phelps Borski Hoekstra Roukema Castle Isakson Pickering Brown (FL) Kaptur Rush The SPEAKER pro tempore. Without Chabot Israel Pitts Bryant Kennedy (RI) Sanders objection, pursuant to section 503(b)(3) Clay Issa Platts Callahan Kleczka Saxton of the National Skill Standards Act of Clayton Istook Pombo Cannon LaHood Schaffer 1994 (20 U.S.C. 5933), and upon rec- Clyburn Jackson (IL) Pomeroy Chambliss LaTourette Serrano Coble Jackson-Lee Portman Clement Lipinski Sessions ommendation of the minority leader, Combest (TX) Price (NC) Collins Lowey Stump the Chair announces the Speaker’s re- Conyers Jefferson Putnam Condit Lynch Sununu appointment of the following member Costello Jenkins Quinn Cooksey Maloney (CT) Sweeney Cox John Radanovich Crowley Maloney (NY) Taylor (NC) on the part of the House to the Na- Coyne Johnson (CT) Rahall Delahunt Mascara Thurman tional Skill Standards Board for a 4- Cramer Johnson (IL) Ramstad Diaz-Balart McKinney Toomey year term: Crane Johnson, E. B. Rangel Dingell Meehan Towns William E. Weisgerber, Iona, Michi- Crenshaw Johnson, Sam Regula Doyle Meek (FL) Velazquez Cubin Jones (NC) Rehberg Ehrlich Meeks (NY) Walsh gan. Culberson Jones (OH) Reyes Everett Millender- Wamp There was no objection. Cummings Kanjorski Reynolds Fossella McDonald Waters Cunningham Keller Rivers Frost Miller, George Watkins (OK) f Davis (CA) Kelly Rodriguez Gallegly Miller, Jeff Watts (OK) Davis (FL) Kennedy (MN) Roemer Gilchrest Mink Weller ANNOUNCEMENT BY THE SPEAKER Davis (IL) Kerns Rogers (KY) Greenwood Nadler Young (FL) PRO TEMPORE Davis, Jo Ann Kildee Rogers (MI) Davis, Tom Kilpatrick Rohrabacher b 1853 The SPEAKER pro tempore. Pursu- Deal Kind (WI) Ross ant to clause 8 of rule XX, the Chair DeFazio King (NY) Rothman So (two-thirds having voted in favor will now put the question on motions DeGette Kingston Roybal-Allard thereof) the rules were suspended and to suspend the rules on which further DeLauro Kirk Royce the bill was passed. DeLay Knollenberg Ryan (WI) The result of the vote was announced proceedings were postponed earlier DeMint Kolbe Ryun (KS) today in the order in which that mo- Deutsch Kucinich Sabo as above recorded. tion was entertained. Dicks LaFalce Sanchez A motion to reconsider was laid on Votes will be taken in the following Doggett Lampson Sandlin the table. Dooley Langevin Sawyer Stated for: order: Doolittle Lantos Schakowsky H.R. 5157, by the yeas and nays. Dreier Larsen (WA) Schiff Mr. FOSSELLA. Mr. Speaker, on rollcall No. House Concurrent Resolution 401, by Duncan Larson (CT) Schrock 375 I was unavoidably detained. Had I been Dunn Latham Scott present, I would have voted ‘‘yea.’’ the yeas and nays. Edwards Leach Sensenbrenner House Resolution 516, by the yeas and Ehlers Lee Shadegg f nays. Emerson Levin Shaw The Chair will reduce to 5 minutes Engel Lewis (CA) Shays English Lewis (GA) Sherman ANNOUNCEMENT BY THE SPEAKER the time for any electronic voting after Eshoo Lewis (KY) Sherwood PRO TEMPORE the first such vote in this series. Etheridge Linder Shimkus Evans LoBiondo Shows The SPEAKER pro tempore (Mr. f Farr Lofgren Shuster ISAKSON). Pursuant to clause 8 of rule Fattah Lucas (KY) Simmons XX, the Chair will reduce to 5 minutes FEDERAL TRANSIT FORMULA Ferguson Lucas (OK) Simpson the minimum time for electronic vot- GRANTS FLEXIBILITY RETEN- Filner Luther Skeen ing on each additional motion to sus- TION ACT Flake Manzullo Skelton Fletcher Markey Slaughter pend the rules on which the Chair has The SPEAKER pro tempore. The Foley Matheson Smith (MI) postponed further proceedings. pending business is the question of sus- Forbes Matsui Smith (NJ) Ford McCarthy (MO) Smith (TX) f pending the rules and passing the bill, Frank McCarthy (NY) Smith (WA) H.R. 5157. Frelinghuysen McCollum Snyder RECOGNIZING THE HEROISM AND The Clerk read the title of the bill. Ganske McCrery Solis COURAGE DISPLAYED BY AIR- The SPEAKER pro tempore. The Gekas McDermott Souder Gephardt McGovern Spratt LINE FLIGHT ATTENDANTS EACH question is on the motion offered by Gibbons McHugh Stark DAY the gentleman from Wisconsin (Mr. Gillmor McInnis Stearns PETRI) that the House suspend the Gilman McIntyre Stenholm The SPEAKER pro tempore. The Gonzalez McKeon Strickland pending business is the question of sus- rules and pass the bill, H.R. 5157, on Goode McNulty Stupak which the yeas and nays are ordered. Goodlatte Menendez Sullivan pending the rules and agreeing to the The vote was taken by electronic de- Gordon Mica Tancredo concurrent resolution, H. Con. Res. 401, vice, and there were—yeas 350, nays 0, Goss Miller, Dan Tanner as amended. Graham Miller, Gary Tauscher not voting 83, as follows: Granger Mollohan Tauzin The Clerk read the title of the con- [Roll No. 375] Graves Moore Taylor (MS) current resolution. Green (TX) Moran (KS) Terry YEAS—350 The SPEAKER pro tempore. The Green (WI) Moran (VA) Thomas question is on the motion offered by Abercrombie Ballenger Bilirakis Grucci Morella Thompson (CA) Ackerman Barcia Blumenauer Gutknecht Murtha Thompson (MS) the gentleman from Wisconsin (Mr. Aderholt Bartlett Blunt Harman Myrick Thornberry PETRI) that the House suspend the Akin Barton Boehner Hart Napolitano Thune rules and agree to the concurrent reso- Allen Bass Bonilla Hastings (FL) Nethercutt Tiahrt Andrews Becerra Bonior Hayes Ney Tiberi lution, H. Con. Res. 401, as amended, on Armey Bentsen Bono Hayworth Northup Tierney which the yeas and nays are ordered. Baca Bereuter Boozman Hefley Norwood Turner This will be a 5-minute vote. Bachus Berkley Boswell Herger Nussle Udall (CO) The vote was taken by electronic de- Baird Berman Boucher Hill Oberstar Udall (NM) Baker Berry Boyd Hilliard Obey Upton vice, and there were—yeas 351, nays 0, Baldwin Biggert Brady (PA) Hinchey Olver Visclosky not voting 82, as follows:

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.028 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6101 [Roll No 376] Sensenbrenner Stenholm Upton CONGRATULATING THE VALLEY Shadegg Strickland Visclosky SPORTS AMERICAN LITTLE YEAS—351 Shays Stupak Vitter Sherman Sullivan LEAGUE BASEBALL TEAM FROM Abercrombie Farr Lewis (KY) Walden Sherwood Tancredo Ackerman Fattah Linder Watson (CA) LOUISVILLE, KENTUCKY, FOR Shimkus Tanner Aderholt Ferguson LoBiondo Watt (NC) Shows Tauscher THEIR OUTSTANDING PERFORM- Akin Filner Lofgren Waxman Shuster Tauzin ANCE IN THE LITTLE LEAGUE Allen Flake Lucas (KY) Weiner Simmons Taylor (MS) Weldon (FL) WORLD SERIES Andrews Fletcher Lucas (OK) Simpson Terry Armey Foley Luther Weldon (PA) Skeen Thomas The SPEAKER pro tempore (Mr. Baca Forbes Manzullo Skelton Thompson (CA) Wexler Bachus Ford Markey Slaughter Thompson (MS) Whitfield ISAKSON). The pending business is the Baird Fossella Matheson Smith (MI) Thornberry Wicker question of suspending the rules and Baker Frank Matsui Smith (TX) Thune Wilson (NM) Baldwin Frelinghuysen McCarthy (MO) Smith (WA) Tiahrt Wilson (SC) agreeing to the resolution, H. Res. 516. Ballenger Ganske McCarthy (NY) Snyder Tiberi Wolf The Clerk read the title of the resolu- Barcia Gekas McCollum Solis Tierney Woolsey Bartlett Gephardt McCrery Souder Toomey Wu tion. Barton Gibbons McDermott Spratt Turner Wynn The SPEAKER pro tempore. The Bass Gillmor McGovern Stark Udall (CO) Young (AK) Becerra Gilman McHugh Stearns Udall (NM) question is on the motion offered by Bentsen Gonzalez McInnis Bereuter Goode McIntyre NOT VOTING—82 the gentlewoman from Virginia (Mrs. Berkley Goodlatte McKeon Baldacci Hall (OH) Pascrell JO ANN DAVIS) that the House suspend Berman Gordon McKinney Barr Hall (TX) Pryce (OH) the rules and agree to the resolution, Berry Goss McNulty Barrett Hansen Riley Biggert Graham Meek (FL) H. Res. 516, on which the yeas and nays Bishop Hastings (WA) Ros-Lehtinen Bilirakis Granger Menendez Blagojevich Hilleary Roukema are ordered. Blumenauer Graves Mica Boehlert Hoekstra Rush Blunt Green (TX) Miller, Dan Borski John This will be a 5-minute vote. Boehner Green (WI) Miller, Gary Sanders Brown (FL) Kaptur Saxton The vote was taken by electronic de- Bonilla Grucci Mollohan Bryant Kennedy (RI) Bonior Gutknecht Moore Schaffer vice, and there were—yeas 344, nays 0, Callahan Kleczka Serrano Bono Harman Moran (KS) Cannon LaHood Sessions not voting 89, as follows: Boozman Hart Moran (VA) Chambliss LaTourette Shaw Boswell Hastings (FL) Morella Clement Lipinski Smith (NJ) [Roll No. 377] Boucher Hayes Murtha Collins Lowey Stump Boyd Hayworth Myrick Condit Lynch YEAS—344 Brady (PA) Hefley Napolitano Cooksey Maloney (CT) Sununu Abercrombie Cramer Green (WI) Brady (TX) Herger Nethercutt Crowley Maloney (NY) Sweeney Ackerman Crane Greenwood Brown (OH) Hill Ney Delahunt Mascara Taylor (NC) Aderholt Crenshaw Grucci Brown (SC) Hilliard Northup Diaz-Balart Meehan Thurman Akin Cubin Gutknecht Burr Hinchey Norwood Dingell Meeks (NY) Towns Allen Culberson Harman Burton Hinojosa Nussle Doyle Millender- Velazquez Andrews Cummings Hart Buyer Hobson Oberstar Ehrlich McDonald Walsh Armey Cunningham Hastings (FL) Calvert Hoeffel Obey Everett Miller, George Wamp Baca Davis (CA) Hayes Camp Holden Olver Frost Miller, Jeff Waters Bachus Davis (FL) Hayworth Cantor Holt Ortiz Gallegly Mink Watkins (OK) Baird Davis (IL) Hefley Capito Honda Osborne Gilchrest Nadler Watts (OK) Baker Davis, Jo Ann Herger Capps Hooley Ose Greenwood Neal Weller Baldwin Davis, Tom Hill Capuano Horn Otter Gutierrez Owens Young (FL) Cardin Hostettler Oxley Ballenger Deal Hilliard Carson (IN) Houghton Pallone b 1903 Barcia DeFazio Hinchey Carson (OK) Hoyer Pastor Bartlett DeGette Hinojosa Castle Hulshof Paul So (two-thirds having voted in favor Barton DeLay Hobson Chabot Hunter Payne thereof) the rules were suspended and Bass DeMint Hoeffel Clay Hyde Pelosi the concurrent resolution, as amended, Becerra Deutsch Holden Clayton Inslee Pence Bentsen Dicks Honda Clyburn Isakson Peterson (MN) was agreed to. Bereuter Doggett Hooley Coble Israel Peterson (PA) The result of the vote was announced Berkley Dooley Hostettler Combest Issa Petri as above recorded. Berman Doolittle Houghton Conyers Istook Phelps A motion to reconsider was laid on Berry Dreier Hoyer Costello Jackson (IL) Pickering Biggert Duncan Hulshof Cox Jackson-Lee Pitts the table. Bilirakis Dunn Hunter Coyne (TX) Platts Stated for: Blumenauer Edwards Hyde Cramer Jefferson Pombo Mr. SHAW. Mr. Speaker, on rollcall No. 376 Blunt Ehlers Inslee Crane Jenkins Pomeroy I was unavoidably detained. Had I been Boehner Emerson Isakson Crenshaw Johnson (CT) Portman Bonilla Engel Israel Cubin Johnson (IL) Price (NC) present, I would have voted ‘‘yea.’’ Bonior English Issa Culberson Johnson, E. B. Putnam f Bono Eshoo Istook Cummings Johnson, Sam Quinn Boozman Etheridge Jackson (IL) Cunningham Jones (NC) Radanovich EXPRESSING GRATITUDE TO THE Boswell Evans Jackson-Lee Davis (CA) Jones (OH) Rahall HONORABLE TONY HALL FOR Boucher Farr (TX) Davis (FL) Kanjorski Ramstad HIS 24 YEARS OF SERVICE AND Boyd Fattah Jefferson Davis (IL) Keller Rangel Brady (PA) Ferguson Jenkins Davis, Jo Ann Kelly Regula FRIENDSHIP Brady (TX) Filner Johnson (IL) Davis, Tom Kennedy (MN) Rehberg (Mr. SAWYER asked and was given Brown (OH) Flake Johnson, E. B. Deal Kerns Reyes Brown (SC) Fletcher Johnson, Sam DeFazio Kildee Reynolds permission to speak out of order for 1 Burr Foley Jones (NC) DeGette Kilpatrick Rivers minute.) Burton Forbes Jones (OH) DeLauro Kind (WI) Rodriguez Mr. SAWYER. Mr. Speaker, I take Buyer Ford Kanjorski DeLay King (NY) Roemer this opportunity this afternoon just to Camp Fossella Keller DeMint Kingston Rogers (KY) Capito Frank Kelly Deutsch Kirk Rogers (MI) alert all colleagues to the fact that our Capps Frelinghuysen Kennedy (MN) Dicks Knollenberg Rohrabacher friend and colleague, the gentleman Capuano Ganske Kerns Doggett Kolbe Ross from Ohio (TONY HALL), has submitted Cardin Gekas Kildee Dooley Kucinich Rothman his resignation to the House, effective Carson (IN) Gephardt Kilpatrick Doolittle LaFalce Roybal-Allard Carson (OK) Gibbons Kind (WI) Dreier Lampson Royce this afternoon. He is departing the Castle Gillmor King (NY) Duncan Langevin Ryan (WI) House in order to take on larger as- Chabot Gilman Kingston Dunn Lantos Ryun (KS) signments on behalf of our Nation as a Clay Gonzalez Kirk Edwards Larsen (WA) Sabo Clayton Goode Knollenberg Ehlers Larson (CT) Sanchez whole with the United Nations. Clyburn Goodlatte Kolbe Emerson Latham Sandlin I wish to recognize his 24 years of Coble Gordon Kucinich Engel Leach Sawyer service and the friendship that we have Combest Goss LaFalce Conyers Graham Lampson English Lee Schakowsky all shared with TONY HALL. I would ask Eshoo Levin Schiff Costello Granger Langevin Etheridge Lewis (CA) Schrock that Members join with me in express- Cox Graves Lantos Evans Lewis (GA) Scott ing that gratitude. Coyne Green (TX) Larsen (WA)

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.017 H09PT1 H6102 CONGRESSIONAL RECORD — HOUSE September 9, 2002 Larson (CT) Pastor Simpson PERSONAL EXPLANATION The Bible here, used by George Wash- Latham Paul Skeen Leach Payne Skelton Mr. WATTS of Oklahoma. Mr. Speaker, I ington when sworn in as President, Lee Pelosi Slaughter was unavoidably detained in my district and speaks to Your consoling word: ‘‘I am Levin Pence Smith (MI) missed recorded votes on Monday, September with you.’’ Lewis (CA) Peterson (MN) Smith (NJ) Lord God, today is Rosh Hashanah. Lewis (GA) Peterson (PA) Smith (WA) 9, 2002. I would like the RECORD to reflect Lewis (KY) Petri Snyder that, had I been present, I would have cast the The traditional Jewish New Year pray- Linder Phelps Solis following votes: er is for a good and sweet year. Many LoBiondo Pickering Souder things You send us, Lord, are good, but Lofgren Pitts Spratt On Passage of H.R. 5157, I would have Lucas (KY) Platts Stark vote ‘‘yea.’’ they may hurt or are hurried. So with Lucas (OK) Pombo Stearns On Passage of H. Con. Res. 401, I would our Jewish brothers and sisters we pray Luther Pomeroy Stenholm have voted ‘‘yea.’’ today not only for a year of good Manzullo Portman Strickland things, but a year of sweetness, a Markey Price (NC) Stupak On Passage of H. Res. 516, I would have Matheson Putnam Sullivan voted ‘‘yea.’’ chance to relish the blessings of the Matsui Quinn Tancredo f world and the freedoms You give us, McCarthy (MO) Radanovich Tanner and to enjoy the sweet kindness and McCarthy (NY) Rahall Tauscher b 1915 McCollum Ramstad Tauzin love of one another. McCrery Rangel Taylor (MS) PRINTING OF PROCEEDINGS OF May this be a good year for all Amer- McDermott Regula Terry SPECIAL CEREMONIAL MEETING icans of all faiths, backgrounds, and McGovern Rehberg Thomas OF UNITED STATES CONGRESS traditions. We pray for a good year for McHugh Reyes Thompson (CA) McInnis Reynolds Thompson (MS) HELD IN FEDERAL HALL, NEW America and for the world. McIntyre Rivers Thornberry YORK, NEW YORK, ON SEP- Amen. McKeon Rodriguez Thune TEMBER 6, 2002 McKinney Roemer Tiahrt PLEDGE OF ALLEGIANCE McNulty Rogers (KY) Tiberi Mr. ARMEY. Mr. Speaker, I ask The SPEAKER. The Chair recognizes Meek (FL) Rogers (MI) Tierney unanimous consent that proceedings of the Honorable Jerrold Nadler, Rep- Menendez Rohrabacher Toomey the special ceremonial meeting of the Mica Ross Turner resentative from New York, and the Miller, Dan Rothman Udall (CO) United States Congress held in Federal Honorable Harry Reid, Senator from Miller, Gary Roybal-Allard Udall (NM) Hall, New York, New York, on Sep- Nevada, to lead us in the Pledge of Al- Mollohan Royce Upton tember 6, 2002, be printed in the legiance to our flag. Moore Ryan (WI) Visclosky Moran (KS) Ryun (KS) Vitter RECORD, and that all Members have 5 Mr. NADLER and Senator REID led the Moran (VA) Sabo Walden legislative days to insert their remarks Pledge of Allegiance as follows: Morella Sanchez Watson (CA) on the topic of the ceremonial meeting. I pledge allegiance to the Flag of the Murtha Sandlin Watt (NC) The SPEAKER pro tempore (Mr. Myrick Sawyer Waxman United States of America, and to the Repub- Napolitano Schakowsky Weiner ISAKSON). Is there objection to the re- lic for which it stands, one nation under God, Nethercutt Schiff Weldon (FL) quest of the gentleman from Texas? indivisible, with liberty and justice for all. Northup Schrock Weldon (PA) There was no objection. Norwood Scott Wexler The SPEAKER. Our National An- Nussle Sensenbrenner Whitfield f them will now be sung by LaChanze. Oberstar Shadegg Wicker COMMEMORATIVE JOINT MEETING The National Anthem was sung by Obey Shaw Wilson (NM) LaChanze. Olver Shays Wilson (SC) OF THE CONGRESS OF THE Ortiz Sherwood Wolf UNITED STATES IN REMEM- (Applause.) Osborne Shimkus Woolsey BRANCE OF THE VICTIMS AND The SPEAKER. My colleagues, we Ose Shows Wu HEROES OF SEPTEMBER 11, 2001, are here in Federal Hall in New York, Otter Shuster Wynn Pallone Simmons Young (AK) AND IN RECOGNITION OF THE New York, pursuant to House Concur- COURAGE AND SPIRIT OF THE rent Resolution 448 of the 107th Con- NOT VOTING—89 CITY OF NEW YORK, FEDERAL gress to conduct a special ceremonial Baldacci Hall (OH) Ney HALL, NEW YORK, NY, FRIDAY, meeting in remembrance of the victims Barr Hall (TX) Owens Barrett Hansen Oxley SEPTEMBER 6, 2002 and the heroes of September 11, 2001, Bishop Hastings (WA) Pascrell The SPEAKER. The special ceremo- and in recognition of the courage and Blagojevich Hilleary Pryce (OH) nial meeting will be in order. the spirit of the City of New York. Boehlert Hoekstra Riley When representatives of the New Borski Holt Ros-Lehtinen The invocation will be given by the Brown (FL) Horn Roukema Reverend Daniel P. Coughlin, Chaplain York delegation introduced in the Bryant John Rush of the House of Representatives. House and the Senate in 2001 Concur- Callahan Johnson (CT) Sanders rent Resolutions that suggested that Calvert Kaptur Saxton The Chaplain of the House of Rep- Cannon Kennedy (RI) Schaffer resentatives, the Reverend Daniel P. the Congress convene outside the seat Cantor Kleczka Serrano Coughlin, offered the following invoca- of government to symbolize the Na- Chambliss LaHood Sessions tion: tion’s solidarity with New Yorkers who Clement LaTourette Sherman epitomize the human spirit of courage, Collins Lipinski Smith (TX) Lord God, this is a day of history. Condit Lowey Stump Bless this exceptional joint meeting of resilience and strength, my initial re- Cooksey Lynch Sununu the 107th Congress which commemo- action of support was tempered by the Crowley Maloney (CT) Sweeney realization that under article 1, section Delahunt Maloney (NY) Taylor (NC) rates the tragic events that occurred DeLauro Mascara Thurman here last September 11. The gaping 5, clause 4 of the Constitution, ‘‘Nei- Diaz-Balart Meehan Towns hole left in this city tore into the fab- ther House shall, without the consent Dingell Meeks (NY) Velazquez ric of this Nation, but there was no of the other, adjourn to any other place Doyle Millender- Walsh than that in which the two houses shall Ehrlich McDonald Wamp greater suffering than in New York. Everett Miller, George Waters Once again, we commend to Your lov- be sitting.’’ Frost Miller, Jeff Watkins (OK) ing mercy, the victims, survivors, and There is no precedent for the con- Gallegly Mink Watts (OK) their families. We also honor those vening of an actual session of Congress Gilchrest Nadler Weller Gutierrez Neal Young (FL) public servants and ordinary citizens outside the seat of government, but on who joined professionals in healing one special occasion the Congress has wounds and rebuilding lives in this engaged in ceremonial functions out- b 1913 proud city of life and diversity. side the seat of government. Members So (two-thirds having voted in favor Gathered in this historic place, You of both houses traveled to Philadelphia thereof) the rules were suspended and alone can renew us as You have in the on July 16, 1987, for organized festivi- the resolution was agreed to. past. May the vision of the Founding ties surrounding the bicentennial anni- The result of the vote was announced Fathers come alive again in this body versary of the Constitution pursuant to as above recorded. politic to preserve the balance of power a similar Concurrent Resolution. A motion to reconsider was laid on and assure the freedom of the law abid- On the strength of the precedent of the table. ing people of this Nation. the uniquely historical and national

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.024 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6103 significance of that occasion, it is ap- shown and the courage shown in New The Honorable MAC COLLINS propriate to dedicate another ceremo- York these last 360 days, and to re- The Honorable JOHN CONYERS, JR. nial gathering to a matter of tran- member every innocent life taken in The Honorable JOHN COOKSEY scendent importance at another place the attacks of September 11. Since the The Honorable JERRY F. COSTELLO of basic institutional relevance to the hour of those attacks, we have been a The Honorable CHRISTOPHER COX Congress. Nation at war called once again to de- The Honorable PHILIP M. CRANE Thus, we are gathered in Federal Hall fend our liberty and our lives and to The Honorable JOSEPH CROWLEY where the First Congress met in 1789 save humanity from the worst of wars. The Honorable JOHN ABNEY before moving the third session of that As a Nation born in revolution, we CULBERSON Congress to Congress Hall in Philadel- know that our freedom came at a very The Honorable ELIJAH E. CUMMINGS phia, Pennsylvania, in 1790. high price. We have no intention now The Honorable JIM DAVIS Ladies and gentlemen, we are, there- of letting it slip away. The Honorable JO ANN DAVIS fore, meeting here under that prece- The Members of the First Congress The Honorable SUSAN A. DAVIS dent. shaped events long into the future. The The Honorable TOM DAVIS The Chair recognizes the Honorable same is now asked of us. In the prin- The Honorable DIANA DEGETTE RICHARD B. CHENEY, the Vice President ciples we stand for, the values we up- The Honorable ROSA L. DELAURO of the United States and President of hold, and the decisions we make we The Honorable LINCOLN DIAZ-BALART the United States Senate. will set the course of this Nation and The Honorable JOHN T. DOOLITTLE (Applause.) with it the future of human freedom The Honorable DAVID DREIER Vice President CHENEY. Thank you, and the peace of the world. The Honorable JOHN J. DUNCAN, JR. Mr. Speaker. Each time Congress It is not given to us to know every The Honorable JENNIFER DUNN meets, we are mindful of the great turn of events to come. We know, how- The Honorable CHET EDWARDS charge that we have all been given as ever, that we are the elected servants The Honorable ROBERT L. EHRLICH, public servants. Assembled today in of a good, a just, and a decent people. JR. Federal Hall we are reminded of the May we always act in that spirit, con- The Honorable JO ANN EMERSON ones who served before us and those fident in our founding principles, clear The Honorable ELIOT L. ENGEL who served first. It is a humbling expe- in our purposes, choosing wisely and The Honorable PHIL ENGLISH rience to stand on the site where the bowing only to divine providence. The Honorable ANNA G. ESHOO First Congress met, where the first The SPEAKER. The Clerk of the The Honorable BOB ETHERIDGE President was sworn, where the Bill of House of Representatives has laid upon The Honorable LANE EVANS Rights was introduced. the desk the list of representatives in The Honorable SAM FARR Every Member of the House and Sen- attendance. The Honorable MIKE FERGUSON ate and every citizen of this country Vice President CHENEY. The Sec- The Honorable MARK FOLEY can draw a straight line from the retary of the Senate has laid upon the The Honorable RANDY FORBES events in Federal Hall to the life we all desk the list of Senators in attendance. The Honorable HAROLD E. FORD, JR. know today. When Congress convened The list of Representatives and Sen- The Honorable VITO FOSSELLA here, America was a Nation of scarcely ators in attendance is as follows: The Honorable RODNEY P. FRELING- HUYSEN 4 million souls. The tallest structure in MEMBERS OF THE U.S. HOUSE OF the city was Trinity Church, which REPRESENTATIVES IN ATTENDANCE The Honorable MARTIN FROST still stands at corner of Broadway and The Honorable ANIBAL ACEVEDO-VILA The Honorable RICHARD A. GEPHARDT Wall Street. The Honorable GARY L. ACKERMAN The Honorable JIM GIBBONS The rollcall of that First Congress in- The Honorable ROBERT B. ADERHOLT The Honorable WAYNE T. GILCHREST cluded signers of the Declaration of The Honorable W. TODD AKIN The Honorable BENJAMIN A. GILMAN Independence and men who marched in The Honorable THOMAS H. ALLEN The Honorable BOB GOODLATTE George Washington’s Army. Two gen- The Honorable ROBERT E. ANDREWS The Honorable LINDSEY O. GRAHAM tleman from Virginia still in their 30’s The Honorable RICHARD K. ARMEY The Honorable SAM GRAVES served in that Congress. Their names The Honorable SPENCER BACHUS The Honorable GENE GREEN were Madison and Monroe. All the The Honorable JOHN ELIAS BALDACCI The Honorable MARK GREEN Members knew that great responsibil- The Honorable TAMMY BALDWIN The Honorable JAMES C. GREENWOOD ities had come to them. The Honorable CHARLES F. BASS The Honorable FELIX J. GRUCCI, JR. As Vice President John Adams ob- The Honorable KEN BENTSEN The Honorable GIL GUTKNECHT served, ‘‘A trust of the greatest mag- The Honorable MARION BERRY The Honorable TONY P. HALL nitude is committed to this legislature The Honorable JUDY BIGGERT The Honorable JAMES V. HANSEN and the eyes of the world are upon The Honorable ROD R. BLAGOJEVICH The Honorable JANE HARMAN you.’’ The Honorable ROY BLUNT The Honorable MELISSA A. HART In their actions, the Members of the The Honorable SHERWOOD L. BOEH- The Honorable J. DENNIS HASTERT First Congress met that test. And al- LERT The Honorable ALCEE L. HASTINGS though this city was the Nation’s Cap- The Honorable JOHN A. BOEHNER The Honorable ROBIN HAYES ital for only a short time, from those The Honorable HENRY BONILLA The Honorable J.D. HAYWORTH early days, the eyes of the world have The Honorable DAVID E. BONIOR The Honorable WALLY HERGER continued to be on New York. One year The Honorable JOHN BOOZMAN The Honorable BARON P. HILL ago, this great center of history, enter- The Honorable ROBERT A. BORSKI The Honorable EARL F. HILLIARD prise, and creativity suffered the The Honorable LEONARD L. BOSWELL The Honorable MAURICE D. HINCHEY gravest of cruelties and showed itself The Honorable KEVIN BRADY The Honorable DAVID L. HOBSON to be a place of valor and generosity The Honorable HENRY E. BROWN, JR. The Honorable JOSEPH M. HOEFFEL and grace. Here, where so many inno- The Honorable RICHARD BURR The Honorable RUSH D. HOLT cent lives were suddenly taken, the The Honorable DAN BURTON The Honorable DARLENE HOOLEY world saw acts of kindness and heroism The Honorable KEN CALVERT The Honorable STEPHEN HORN that will be remembered forever. The Honorable SHELLEY MOORE The Honorable AMO HOUGHTON When President Bush introduced CAPITO The Honorable STENY H. HOYER Mayor Giuliani and Governor Pataki at The Honorable MICHAEL E. CAPUANO The Honorable KENNY C. HULSHOF the Joint Session last September, it The Honorable BRAD CARSON The Honorable JAY INSLEE was, said one New Yorker, as if the The Honorable MICHAEL N. CASTLE The Honorable JOHNNY ISAKSON Members of Congress had recognized The Honorable STEVE CHABOT The Honorable STEVE ISRAEL that these two men had come directly The Honorable SAXBY CHAMBLISS The Honorable DARRELL E. ISSA off the battlefield. The Honorable DONNA M. The Honorable JESSE L. JACKSON, JR. Today, Congress gathers near that CHRISTENSEN The Honorable SHEILA JACKSON-LEE battlefield to honor the character The Honorable EVA M. CLAYTON The Honorable CHRISTOPHER JOHN

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.035 H09PT1 H6104 CONGRESSIONAL RECORD — HOUSE September 9, 2002 The Honorable EDDIE BERNICE JOHN- The Honorable THOMAS E. PETRI The Honorable SAM BROWNBACK SON The Honorable DAVID. D. PHELPS The Honorable MARIA CANTWELL The Honorable NANCY L. JOHNSON The Honorable JOSEPH R. PITTS The Honorable JEAN CARNAHAN The Honorable STEPHANIE TUBBS The Honorable TODD RUSSELL PLATTS The Honorable LINCOLN D. CHAFEE JONES The Honorable RICHARD W. POMBO The Honorable HILLARY RODHAM The Honorable PAUL E. KANJORSKI The Honorable EARL POMEROY CLINTON The Honorable MARCY KAPTUR The Honorable ROB PORTMAN The Honorable SUSAN M. COLLINS The Honorable RIC KELLER The Honorable DAVID E. PRICE The Honorable JON S. CORZINE The Honorable SUE W. KELLY The Honorable DEBORAH PRYCE The Honorable TOM DASCHLE The Honorable MARK R. KENNEDY The Honorable ADAM H. PUTNAM The Honorable MIKE DEWINE The Honorable PATRICK J. KENNEDY The Honorable JACK QUINN The Honorable CHRISTOPHER J. DODD The Honorable PETER T. KING The Honorable JIM RAMSTAD The Honorable RUSSELL D. FEINGOLD The Honorable JACK KINGSTON The Honorable CHARLES B. RANGEL The Honorable BILL FRIST The Honorable MARK STEVEN KIRK The Honorable THOMAS M. REYNOLDS The Honorable BOB GRAHAM The Honorable DENNIS J. KUCINICH The Honorable BOB RILEY The Honorable JUDD GREGG The Honorable RAY LAHOOD The Honorable ILEANA ROS-LEHTINEN The Honorable JAMES M. JEFFORDS The Honorable NICK LAMPSON The Honorable MIKE ROSS The Honorable EDWARD M. KENNEDY The Honorable JAMES R. LANGEVIN The Honorable STEVEN R. ROTHMAN The Honorable JOHN F. KERRY The Honorable RICK LARSEN The Honorable EDWARD R. ROYCE The Honorable MARY L. LANDRIEU The Honorable JOHN B. LARSON The Honorable PAUL RYAN The Honorable PATRICK J. LEAHY The Honorable TOM LATHAM The Honorable JIM RYUN The Honorable CARL LEVIN The Honorable STEVEN C. The Honorable LORETTA SANCHEZ The Honorable JOSEPH I. LIEBERMAN LATOURETTE The Honorable BERNARD SANDERS The Honorable TRENT LOTT The Honorable JAMES A. LEACH The Honorable JIM SAXTON The Honorable JOHN MCCAIN The Honorable BARBARA LEE The Honorable BOB SCHAFFER The Honorable BARBARA A. MIKULSKI The Honorable SANDER M. LEVIN The Honorable ADAM B. SCHIFF The Honorable FRANK H. MURKOWSKI The Honorable JERRY LEWIS The Honorable ROBERT C. SCOTT The Honorable BILL NELSON The Honorable JOHN LEWIS The Honorable JOSE E. SERRANO The Honorable DON NICKLES The Honorable RON LEWIS The Honorable PETE SESSIONS The Honorable JACK REED The Honorable FRANK A. LOBIONDO The Honorable E. CLAY SHAW, JR. The Honorable HARRY REID The Honorable NITA M. LOWEY The Honorable CHRISTOPHER SHAYS The Honorable JOHN D. ROCKEFELLER The Honorable FRANK D. LUCAS The Honorable DON SHERWOOD IV The Honorable KEN LUCAS The Honorable JOHN SHIMKUS The Honorable PAUL S. SARBANES The Honorable BILL LUTHER The Honorable BILL SHUSTER The Honorable CHARLES E. SCHUMER The Honorable STEPHEN F. LYNCH The Honorable ROB SIMMONS The Honorable RICHARD C. SHELBY The Honorable CAROLYN MCCARTHY The Honorable NICK SMITH The Honorable GORDON SMITH The Honorable KAREN MCCARTHY The Honorable VIC SNYDER The Honorable OLYMPIA J. SNOWE The Honorable JAMES P. MCGOVERN The Honorable JOHN M. SPRATT, JR. The Honorable ARLEN SPECTER The Honorable JOHN M. MCHUGH The Honorable CLIFF STEARNS The Honorable DEBBIE STABENOW The Honorable SCOTT MCINNIS The Honorable TED STRICKLAND The Honorable CRAIG THOMAS The Honorable HOWARD P. ‘‘BUCK’’ The Honorable JOHN SULLIVAN The Honorable FRED THOMPSON MCKEON The Honorable JOHN E. SUNUNU The Honorable GEORGE V. VOINOVICH The Honorable MICHAEL R. MCNULTY The Honorable JOHN E. SWEENEY The Honorable JOHN W. WARNER The Honorable CAROLYN B. MALONEY The Honorable THOMAS G. TANCREDO The Honorable PAUL WELLSTONE The Honorable JAMES H. MALONEY The Honorable ELLEN O. TAUSCHER The Honorable RON WYDEN The Honorable JIM MATHESON The Honorable JOHN R. THUNE The SPEAKER. The Chair recognizes The Honorable MARTIN T. MEEHAN The Honorable TODD TIAHRT the Honorable BENJAMIN GILMAN and The Honorable CARRIE P. MEEK The Honorable PATRICK J. TIBERI the Honorable CHARLES RANGEL, Rep- The Honorable GREGORY W. MEEKS The Honorable JOHN F. TIERNEY resentatives from New York, and the The Honorable ROBERT MENENDEZ The Honorable PATRICK J. TOOMEY Honorable HILLARY RODHAM CLINTON The Honorable JOHN L. MICA The Honorable EDOLPHUS TOWNS and the Honorable CHARLES SCHUMER, The Honorable JUANITA MILLENDER- The Honorable JIM TURNER SENATORS from New York, in a reading MCDONALD The Honorable FRED UPTON and presentation of House Concurrent The Honorable DAN MILLER The Honorable NYDIA M. VELAZQUEZ Resolution 448. The Honorable JEFF MILLER The Honorable DAVID VITTER READING AND PRESENTATION OF HOUSE The Honorable DENNIS MOORE The Honorable GREG WALDEN CONCURRENT RESOLUTION 448 The Honorable JAMES P. MORAN The Honorable JAMES T. WALSH Mr. RANGEL. Mr. Speaker, Mr. Vice The Honorable CONSTANCE A. The Honorable ZACH WAMP President, leaders of the House and the MORELLA The Honorable MAXINE WATERS Senate, on behalf of BEN GILMAN, Sen- The Honorable SUE WILKINS MYRICK The Honorable WES WATKINS ator SCHUMER and Senator CLINTON, The Honorable JERROLD NADLER The Honorable DIANE E. WATSON and the entire New York congressional The Honorable GRACE F. NAPOLITANO The Honorable MELVIN L. WATT delegation, we would like to thank you The Honorable RICHARD E. NEAL The Honorable J.C. WATTS, JR. for your support of this resolution that The Honorable GEORGE R. The Honorable ANTHONY D. WEINER gives us in New York an opportunity to NETHERCUTT, JR. The Honorable CURT WELDON say thank you for the way you re- The Honorable ROBERT W. NEY The Honorable DAVE WELDON sponded to the attack on our city and The Honorable ELEANOR HOLMES The Honorable ED WHITFIELD our State. NORTON The Honorable ROGER F. WICKER You give our mayor and our governor The Honorable CHARLIE NORWOOD The Honorable JOE WILSON an opportunity to be here on this his- The Honorable JAMES L. OBERSTAR The Honorable LYNN C. WOOLSEY toric event to say you did not treat us The Honorable JOHN W. OLVER The Honorable DAVID WU like New Yorkers, you treated us like The Honorable MAJOR R. OWENS The Honorable C.W. BILL YOUNG Americans. The Honorable MICHAEL G. OXLEY MEMBERS OF THE UNITED STATES SENATE IN The text of the Concurrent Resolu- The Honorable BILL PASCRELL, JR. ATTENDANCE tion was read as follows: The Honorable DONALD M. PAYNE The Honorable GEORGE ALLEN Mr. RANGEL. ‘‘Whereas on Sep- The Honorable NANCY PELOSI The Honorable MAX BAUCUS tember the 11, 2001, thousands of inno- The Honorable MIKE PENCE The Honorable ROBERT F. BENNETT cent people were killed and injured in a The Honorable JOHN E. PETERSON The Honorable JOHN B. BREAUX combined terrorist attack involving

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.037 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6105 four hijacked aircraft, the World Trade of September 11, 2001, and in recogni- Names of citizens, workers, mothers and fa- Center, and the Pentagon; tion of the courage and spirit of the thers, ‘‘Whereas in the aftermath of the at- City of New York. The bright-eyed daughter, the quick son. tacks, thousands more were left griev- ‘‘This gift to Federal Hall from the Alphabet of names in green rows in a field. ing for beloved family and friends, live- Congress of the United States of Amer- Names in the small tracks of birds. Names lifted from a hat lihoods were compromised, and busi- ica was made from a section of Aquia Or balanced on the tip of the tongue. nesses and property were damaged and Creek, Virginia, sandstone and used as Names wheeled into the dim warehouse of lost;’’ an original building material of the memory. Mr. GILMAN. ‘‘Whereas the greatest United States Capitol. It was removed So many names, there is barely room on the loss of life, personal injury, and phys- on the East Central Front extension in walls of the heart. ical destruction occurred in and was 1958.’’ (Applause.) sustained by the City of New York; The SPEAKER. Director Mainella, The SPEAKER. The Chair now recog- ‘‘Whereas Government and the Amer- please come forward and accept the nizes the Honorable RICHARD GEP- ican people responded decisively commemorative plaque. HARDT, Representative from Missouri through the bravery, sacrifice and toil Director Mainella accepted the com- and Democratic Leader of the United of the fire and rescue workers, law en- memorative plaque. States House of Representatives. forcement, building trades, caregivers, (Applause.) Mr. GEPHARDT. Mr. Vice President, Armed Forces, and millions more who The SPEAKER. Billy Collins, Poet Mr. Speaker, and my fellow colleagues through their many expressions of care Laureate of the United States of Amer- of the United States Congress, today and compassion brought forth comfort, ica, will now read a poem written for we speak of the unspeakable, we re- hope, and the promise of recovery;’’ this occasion entitled ‘‘The Names.’’ member the unimaginable, and we reaf- Senator CLINTON. ‘‘Whereas the READING OF ‘‘THE NAMES’’ BY BILLY COLLINS, firm our utmost resolve to defend the City of New York attended to the after- POET LAUREATE OF THE UNITED STATES birthright of this land and our gift out- math of the destruction of the World Mr. COLLINS. This poem is dedicated right to this world: Ideals of liberty Trade Center with profound respect for to the victims of September 11, and to and tolerance that will never die. the victims and compassion to the sur- their survivors. Today, we say to the families who vivors; and ‘‘THE NAMES’’ look to this September 11 and know ‘‘Whereas the City of New York has Yesterday, I lay awake in the palm of the that they will know the pain of their invited the Congress to meet at the night. piercing loss all over again, we are site of the original Federal Hall, where A fine rain stole in, unhelped by any breeze, with you as one, as the family of Amer- the First Congress of the United States And when I saw the silver glaze on the win- ica. We pray that, for you, memory will convened on March 4, 1789: Now, there- dows, bring hope as well as tears. I started with A, with Ackerman, as it hap- fore, be it’’ We have faith that love out lasts life, pened, and you prove it every day as you carry Senator SCHUMER. ‘‘Resolved by the Then Baxter and Calabro, House of Representatives (the Senate on the dream of a lost husband or a Davis and Eberling, names falling into place wife, for the child that was both of concurring), That, in remembrance of As droplets fell through the dark. yours and, in the truest sense, always the victims and the heroes of Sep- Names printed on the ceiling of the night. tember 11, 2001, and in recognition of will be. Names slipping around a water bend. We think of those last calls on cell the courage and spirit of the City of Twenty-six willows on the banks of a stream. phones from a doomed building or New York, the Congress shall conduct In the morning, I walked out barefoot plane. Those last good-byes. Yet the a special meeting in Federal Hall, New Among thousands of flowers life of a good person is like a York, New York, on September 6, 2002. Heavy with dew like the eyes of tears, wellspring that does not run dry. Noth- Passed by the House of Representa- And each had a name— ing reminds us more powerfully of that tives, July 25, 2002. Fiori inscribed on a yellow petal Passed by the Senate, July 26, 2002.’’ Then Gonzalez and Han, Ishikawa and Jen- than the rescuers of September 11, so (Applause.) kins. many of them taken too, who rescued The SPEAKER. Without objection, Names written in the air our national spirit and, amid the the Members present, on behalf of And stitched into the cloth of the day. smoke and the darkness at noon, sent a themselves and the Congress of the A name under a photograph taped to a mail- flickering light that became a shining United States, do hereby affirm the box. beacon for America. aforesaid Concurrent Resolution. Monogram on a torn shirt. So we have wept together, we have Would Mayor Bloomberg and Gov- I see you spelled out on storefront windows prayed together, given to each other, ernor Pataki please come forward and And on the bright unfurled awnings of this and stood side by side since September city, 11 in common humanity and national accept the Concurrent Resolution. I say the syllables as I turn a corner— Mayor Bloomberg and Governor purpose. The sorrow has been matched Kelly and Lee, by strength. America is on a mission. Pataki of New York accepted the Con- Medina, Nardella, and O’Connor. current Resolution. Not retribution or revenge, not just to When I peer into the woods, defeat terrorism, but to show once (Applause.) I see a thick tangle where letters are hidden The SPEAKER. The Chair recognizes As in a puzzle concocted for children. again that good can triumph over evil the Honorable VITO FOSSELLA, Rep- Parker and Quigley in the twigs of an ash, and freedom can overcome fanaticism, resentative from New York, and the Rizzo, Schubert, Torres, and Upton. as we did in different forums in a glob- Honorable SUSAN COLLINS, Senator Secrets in the boughs of an ancient maple. al arena twice before in the past cen- from Maine, in a reading and presen- Names written in the pale sky. tury. tation of the commemorative plaque. Names rising in the updraft amid buildings. Some say that September 11, 2001, is READING AND PRESENTATION OF Names silent in stone another date that will live in infamy. COMMEMORATIVE PLAQUE Or cried out behind a door. Surely that is true, but it is also true Senator COLLINS. Mr. Speaker, Mr. Names blown over the earth and out to sea. that we have never known an assault Vice President, on behalf of the United In the evenings—weakening light, the last like this, not just on our Armed States Congress, we present this com- swallows. Forces, but on our people. Not just on memorative plaque to Director A boy on a lake lifts his oars. our buildings and our possessions, or Mainella for her stewardship of our Na- A woman by a window puts a match to a can- even on the principles that we profess, tion’s treasures, especially this build- dle, but on the very foundation of this And the names are outlined on the rose ing, Federal Hall. open, diverse, democratic society. clouds— We have grown accustomed, too ac- The plaque is inscribed as follows: Vanacore and Wallace, ‘‘Commemorative Joint Meeting of (let X stand, if it can, for the ones unfound) customed, to war and slaughter in our the Congress of the United States of Then Young and Ziminsky, the final jolt of world. But most always it was ‘‘over America in Federal Hall, New York, Z. there.’’ One place it came before in the New York, this Sixth Day of Sep- Names etched on the head of a pin. heartland was the homegrown ter- tember, Two Thousand and Two.’’ One name spanning a bridge, another under- rorism that struck in Oklahoma City. Mr. FOSSELLA. ‘‘Convened in re- going a tunnel. Today, our caring and thoughts are membrance of the victims and heroes A blue name needled into the skin. there as well. And they are a half a

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.040 H09PT1 H6106 CONGRESSIONAL RECORD — HOUSE September 9, 2002 world away with the young Americans This is a special place, as has already vania, the wounds the terrorist in- who are on the front lines of freedom been said, because the First Congress flicted were deep. But America’s re- from fear. began the work here that we continue solve was even deeper. For all our differences, how remark- this day. The work of ordered liberty, Let history record that the terrorists ably one we are all today. From preserving, expanding the freedoms failed. They sought to destroy America Ground Zero to a sacred field in Penn- that now, as then, are the inalienable by attacking what they thought were sylvania, to a shattered but now re- right of every person. our greatest strengths, but they did built wing of the Pentagon, and all Two centuries ago, there were those not understand the true strength of across this broad land. On the fatal who thought this was all nonsense. In America is not steel, it is not concrete, flights of September 11, courage and re- their ignorance and arrogance, they it is our belief in the ideals enshrined sistance knew no bounds of party or called America a doomed folly. But his- in our Constitution and in our Bill of race or status. They included a young tory overtook them and their crowns Rights. It is in our shared faith in lib- father, a conservative columnist, and a and armies are part of the dustbin of erty and our unwavering commitment gay man. history. There are those like them to each other. E Pluribus Unum. today who cannot see beyond the lim- So what happened on September 11 So while we discuss and debate the its of their own hatred. It is so hard for did not diminish our strength. It re- next decisions, on the fundamental us in America to even understand why newed it. We stand united today as issue let there be no doubt. In this there would be this hatred. They do not proud citizens of the oldest and strong- great and faithful struggle there are no understand that in the unending strug- est democracy on earth. Our faith in Republicans, there are no Democrats, gle against tyranny, divine providence that democracy and in our future is ab- there are only Americans. None of us, by whatever name we use is always on solute and unshakable. no matter how long we live or what the side of freedom. Next Wednesday, September 11, an else marks our time, will ever forget When the First Congress was meeting eternal flame will be lit in Battery September 11. And all of us, in the here in New York in January, 1790, Park. That flame will symbolize our name of those who were lost for a con- President Washington asked its Mem- determination never, ever to forget. cept of liberty that must never be lost, bers for ‘‘the cool and deliberate exer- We will never forget the heart- and in the cause of civilization itself, tion of your patriotism, firmness and breaking loss. We will never forget the selfless her- are as determined as an earlier genera- wisdom.’’ As we face today’s challenge tion of Americans to gain the inevi- oism. to our country, we pledge to the people We will never forget the terrible table triumph, so help us God. of New York just what we ask of them beauty that was born here one year (Applause.) and all Americans: The cool and delib- Vice President CHENEY. The Chair ago. erate exertion of your patriotism, firm- Thank you. now recognizes the Honorable TRENT ness, and wisdom. (Applause.) LOTT, the Senator from Mississippi and We have seen it in this city. We have The SPEAKER. We are gathered here the Republican Leader of the United seen it in America, and we are here to today in this ceremonial session to pay States Senate. do our part in that effort. The duration tribute to the people of New York and Senator LOTT. Mr. Vice President, of our present conflict and its eventual to the people of New York City who Mr. Speaker, Members of the Congress, price may be in doubt, but there can be have suffered great loss, but persevered and distinguished guests, on behalf of no doubt as to its outcome. From this in the face of adversity. In doing so, we the Senate and a united Congress, it is city’s day of horror, out of all the loss pay tribute to the American spirit. truly an honor to stand in this place in and sorrow, has come a strength. I have It is altogether appropriate that we this city, New York City, today. seen it all across America. A resolve. A meet here today in Federal Hall. After We are here to remember and to con- determination which, from Manhattan, all, it was here that the First Congress tinue to mourn those that lost their to Mississippi, now binds us together met to ratify the Bill of Rights and to lives, those innocent men, women, and for the mighty work that lies ahead. inaugurate our first President of the children that were killed in that hor- Thank you very much. United States, George Washington. rible event, September 11, a year ago. (Applause.) As in 1789, when ordinary Americans We are here to show our continued Vice President CHENEY. The Chair did extraordinary things to create a appreciation for those that struggled now recognizes the Honorable TOM new Nation conceived in liberty and so mightily to free and to save those DASCHLE, the Senator from South Da- dedication to freedom, on September that were trapped in the aftermath of kota and Majority Leader of the United 11, ordinary Americans exhibited ex- the experience here in New York City States Senate. traordinary courage in fighting a hor- and at the Pentagon. Senator DASCHLE. Mr. Vice Presi- rific evil. But we are also here to express our dent, Mr. Speaker, distinguished visi- New York lost hundreds of sons and recommitment to the people of New tors and my colleagues, the United daughters in that brutal attack on our York and Pennsylvania and Virginia States Congress has come here to com- Nation’s freedom. She lost firemen and that we are with you. We will continue memorate a shattering experience. One custodians, stockbrokers, police offi- our efforts to help you to rebuild phys- that has transformed America. cers, construction workers and execu- ically and spiritually, and to recommit The poet Yeats, after a moment of tives. ourselves to do everything in our power violent upheaval in his own country, We also suffered a great loss in Vir- to make sure that America is secure wrote: ‘‘All is changed. Changed ut- ginia when a plane slammed into the against this horrible event or anything terly. A terrible beauty is born.’’ Pentagon, and in Somerset County, like it ever happening again. As we near the first anniversary of Pennsylvania, when another plane that Over the years, New York City has September 11 with profound sadness, was headed for Washington, D.C., was been called many things, from New our hearts ache for those who died and brought down by the efforts of brave Amsterdam to the Big Apple. Today, for their families and loved ones. At passengers. the Congress of the United States, Con- the same time, we are filled with an We still feel the loss of every single gressman RANGEL, call it home. We are abiding sense of gratitude to the people person who perished on that fateful here, we are comfortable here. We are who live and work in this great city, day. But as we lament the loss of life, here to stand with the people in this especially the courageous workers and we can marvel at the bravery of those city because it is symbolic of how we rescuers, for the way they inspired and who rushed in to help. stand together all across America. stunned a wounded Nation. Such bravery was on display when We came here a year ago, the week In their countless acts of heroism Battalion Chief Orio J. Palmer and after the infamous date. We expressed and compassion, a terrible beauty was Fire Marshal Ronald Bucca of the New our commitment and we have been born. In an hour of horror and grief, York Fire Department climbed to the working every since to keep that com- they showed us how to go on. 78th floor of the World Trade Center to mitment, and we will continue to do Here in New York, at the Pentagon, organize a rescue. Their efforts saved so. and in that lonely field in Pennsyl- the lives of dozens of people.

VerDate Sep 04 2002 02:27 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.042 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6107 Bravery was also on display when names of the more than 3,000 people mur- OPENING VICTORY FOR THE HOUS- several passengers of United Flight 93 dered that day were announced. TON TEXANS OVER THE DALLAS decided that they would not let the ter- But, in the days and weeks that followed, COWBOYS rorist complete their plans. They sac- we New Yorkers experienced something else. (Mr. GREEN of Texas asked and was rificed themselves rather than let the We felt the hopes and prayers of millions of given permission to address the House terrorists win. Americans flow over us. We felt the pride of for 1 minute and to revise and extend Stories of uncommon heroism were being an American swell and invigorate us all. his remarks.) common on September 11. The genius We felt the determination of the greatest na- Mr. GREEN of Texas. Mr. Speaker, I of America could be found in the sac- tion the earth has every known renew itself intend to share my 1 minute with my rifices of these brave martyrs of free- and commit to rebuilding. colleague, the gentlewoman from Hous- dom. The terrorists intended many things with ton, Texas (Ms. JACKSON-LEE). As we remember September 11, we their attack. They sought to grievously wound Mr. Speaker, it has been a difficult must look forward to the day when we our nation. And we were—we paid with the year for Houston, between floods and complete the task at hand, when we blood of our fathers and mothers, sons and Enron and reduced energy production, vanquish once and for all the terrorists daughters, and brother and sisters. They but last night I watched a community who seek to take away our Nation’s sought to disrupt our economy. And they did— come together. Last night, the Na- freedom. billions of dollars have been lost and will be tional Football League came back to We thank those Americans who serve spent on recovery. Houston after more than 5 years of in our Nation’s Armed Forces who The terrorists also sought to incite fear into being gone, and we watched the Hous- fight to preserve our freedom and still the hearts and souls of every American. But, ton Texans, a new expansion team, work to bring terrorists to justice. they FAILED. Instead, they inspired a nation take on our cross-State rivals, the Dal- We elected Members of the 107th Con- of freedom loving people to stand up to those las Cowboys, on prime time Sunday gress, like those Members gathered in who would seek to deny them their liberties, night at the Texas Super Bowl. this location of the First Congress, their justice, and the American way of life. I watched as a team that was not ex- simply reflect the desires of a people They inspired us to fight back, so that our chil- pected to win literally won convinc- who cherish liberty and are willing to dren’s children will grow up in a world where ingly. It had not happened in 41 years fight for freedom. they can safely speak their views, engage in that an expansion team won their first Let us always remember those we the political system, and worship in their own regular season game. I want to con- lost on September 11, and may God way. gratulate the Houston Texans and Bob continue to bless America. As we meet here, in this historic location, I McNair for their effort, and they Thank you. am reminded of one of our country’s greatest (Applause.) played like veterans. Presidents, Abraham Lincoln. His words, spo- To quote Willy Nelson, ‘‘Momma, ‘‘GOD BLESS AMERICA’’ SUNG BY CHAMBER ken more than a century ago, are most fitting don’t let your babies grow up to be CHOIR, STUYVESANT HIGH SCHOOL, NEW YORK today: ‘‘we here highly resolve that these dead cowboys,’’ and with the Houston Tex- CITY. shall not have died in vain, that this nation The SPEAKER. The Stuyvesant High ans, the pro football team, we now under God shall have a new birth of freedom, have a new sheriff in town. School Chamber Choir will now sing and that government of the people, by the ‘‘God Bless America.’’ Ms. JACKSON-LEE of Texas. Mr. people, for the people shall not perish from Speaker, will the gentleman yield? The Chamber Choir, Stuyvesant High the earth.’’ School, sang ‘‘God Bless America.’’ Mr. GREEN of Texas. I yield to the (Applause.) f gentlewoman from Texas. The Members and guests sang ‘‘God HOUR OF MEETING ON Ms. JACKSON-LEE of Texas. Mr. Bless America.’’ WEDNESDAY, SEPTEMBER 11, 2002 Speaker, I thank the gentleman for The SPEAKER. Ladies and gentle- yielding. Mr. ARMEY. Mr. Speaker, I ask Are the Members ready for football? men of the House and the Senate, this unanimous consent that when the concludes the special ceremonial meet- They never believed we can do it; yes, House adjourns on Tuesday, September we can. We have the Houston spirit. ing of the Congress. Members are asked 10, 2002, it adjourn to meet at noon on to remain in their seats and make their That spirit is that we won as an expan- Wednesday, September 11. sion team, the first time since 1961: exit with the colors. The SPEAKER pro tempore. Is there The Chair will assure that the record Houston Texans 19, Dallas Cowboys objection to the request of the gen- of these proceedings will be printed in simply 10. tleman from Texas? the CONGRESSIONAL RECORD. The SPEAKER pro tempore. The There was no objection. The proceedings are closed. time of the gentleman from Texas (Mr. The Colors were retired by the Color f GREEN) has expired. Guard composed of members of the ANNOUNCEMENT OF INTENTION TO Mr. GREEN of Texas. Mr. Speaker, I New York City Fire Department, New INSTRUCT CONFEREES ON H.R. ask unanimous consent to have an ad- York City Police Department, New 3210, TERRORISM RISK PROTEC- ditional 30 seconds. York State Unified Court System Offi- TION ACT The SPEAKER pro tempore. Is there cers, Port Authority of New York and objection to the request of the gen- New Jersey Police, and the United Mr. FOSSELLA. Mr. Speaker, pursu- tleman from Texas? States Capitol Police. ant to clause 7(c) of rule XXII, I hereby There was no objection. [Whereupon, the Commemorative announce my intention to offer tomor- Ms. JACKSON-LEE of Texas. Mr. Joint Meeting of the Congress was ad- row a motion to instruct conferees on Speaker, will the gentleman yield? journed.] H.R. 3210. Mr. GREEN of Texas. I yield to the Mr. ENGEL. Mr. Speaker, I rise first to thank The form of the motion is as follows: gentlewoman from Texas. all my colleagues for voting to bring the Con- Mr. FOSSELLA moves that the managers on Ms. JACKSON-LEE of Texas. Let me gress here to New York. Its been more than the part of the House at the conference on say, Mr. Speaker, the hometown boy, the disagreeing votes of the two Houses on Clay Johnson, sang the catchy theme 200 years since Congress last met in New the Senate amendment to the bill, H.R. 3210, York City. It is a fitting tribute that Congress be instructed to agree to the provisions con- song and the Rocking Reliant stadium has returned here at this most sorrowful time. tained in section 11 of the Senate amend- stood tall behind our Houston Texans. The past year has been a tragic and very ment, relating to satisfaction of judgments I, too, would like to thank Bob difficult time for me and my fellow New York- from frozen assets of terrorists, terrorist or- McNair, the community, and all the ers. We watched in horror as terrorists hi- ganizations, and the state sponsors of ter- fans that were out there, because we jacked two commercial airliners and slammed rorism. have ourselves a number one team, them into the World Trade Center. We Mr. Speaker, I intend to offer this which is first in line, first in team, and watched in horror as the Twin Towers came motion on behalf of myself and the first in scoring: The Houston Texans 19, down and dust and debris blanketed lower gentleman from North Carolina (Mr. the Dallas Cowboys 10. Victory for us Manhattan. We watched in horror as the WATT). yesterday.

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.043 H09PT1 H6108 CONGRESSIONAL RECORD — HOUSE September 9, 2002 CONGRATULATING THE VALLEY may have the opportunity to do the We will have done the right thing in SPORTS AMERICAN LITTLE work of reformers and the obligation to reforming the bankruptcy code if we LEAGUE BASEBALL TEAM do what is right this week. pass this report, but, Mr. Speaker, we (Mrs. NORTHUP asked and was given The bankruptcy reform bill has lan- will have injured the first amendment. permission to address the House for 1 guished in Congress, Mr. Speaker, since We will have set the precedent that the minute and to revise and extend her re- before many of us were Members, in- powerful can use the force of law to stamp out disagreeable speech, and we marks.) cluding me. Many Members of both will have cruelly laid the foundation Mrs. NORTHUP. Mr. Speaker, the houses labored tirelessly to reform the for a permanent debtors’ class. This is Valley Sports American Little League old law. I honor them for their out- a legacy I am not prepared to leave my Team from Louisville won not only the standing work. I especially respect those from this country. World Series in this country, but the House who worked so diligently and Mr. Speaker, as I think about the International World Series. This is a faithfully as conferees. They did blessing that is America, and as I re- group of 11-year-old youngsters that produce a bill that will eliminate many member those who sacrificed so that I not only played terrific games all the of the abuses in the current system, en- might exercise the right to disagree way through the playoffs, but con- courage personal responsibility, reduce with my colleagues this evening, I can- ducted themselves with such sports- bogus filings, and will put spouses and not escape the haunting, simple words manship and were such gracious win- children in a favored position in col- of the prophet Micah who says, ‘‘He has ners that they captured the hearts not lecting obligations owed them by those shown you what is good, to do justice, only of people in Louisville, Kentucky, who seek to hide behind our country’s to love kindness, to walk humbly with but people all across this country. bankruptcy laws. your God.’’ They were totally unknown, went Mr. Speaker, I heard from my friends With all the respect and honor that is into the tournament with all the con- from finance and in retailing. They tell in me to my colleagues, and especially fidence and all the toughness that we me that the bankruptcy reform accom- my colleagues who labored so long on would expect a group of 11-year-olds to plishes many good things. I cannot nor this bankruptcy bill, I believe it is in- have. They won the series in this coun- do I want to disagree with them. Yet, cumbent upon us to remove the offend- try on Saturday night, and then won Mr. Speaker, and I say this advisedly, ing language and send it back to the the International World Series on Sun- if this House sends this bankruptcy other body to honor and protect our day night. conference report to the President, Constitution, and not miss this calling They had the wonderful opportunity without question we will have reformed to do justice to peaceful Americans of meeting the President of the United the system, but we will not have done who would express their dissent in this, States when he was in Louisville last the right thing. We will have been the most troubling issue facing our Na- tion. week, and have been greeted with ap- wrong about what is right. plause all across our community and Mr. Speaker, as we all well know, f all across this country. I just rise to there is language in this conference re- The SPEAKER pro tempore. Under a recognize them. port that could deny the protection of previous order of the House, the gen- f bankruptcy laws to nonviolent pro- tleman from Oregon (Mr. DEFAZIO) is testers active in the right to life; not recognized for 5 minutes. SPECIAL ORDERS violent bomb-throwers or those who (Mr. DEFAZIO addressed the House. The SPEAKER pro tempore. Under physically assault women at abortion His remarks will appear hereafter in the Speaker’s announced policy of Jan- clinics, as has been reported. No, as a the Extensions of Remarks.) uary 3, 2001, and under a previous order just and peaceful society, we cannot f of the House, the following Members support private violence for any cause. CONGRESSIONAL CUBAN POLIT- will be recognized for 5 minutes each. Mr. Speaker, we are talking about the ICAL PRISONERS INITIATIVE: f quiet, dignified men and women who do MAYDA BARBARA JORDAN The SPEAKER pro tempore. Under a no more than pray, sing hymns, or hold CONTRERAS previous order of the House, the gentle- placards outside abortion clinics, men The SPEAKER pro tempore. Under a woman from the District of Columbia and women who are doing no more previous order of the House, the gen- than what the first amendment of the (Ms. NORTON) is recognized for 5 min- tleman from New Jersey (Mr. PALLONE) utes. Constitution provides, which every sin- is recognized for 5 minutes. (Ms. NORTON addressed the House. gle one of us in this House swore an Mr. PALLONE. Mr. Speaker, I rise Her remarks will appear hereafter in oath to uphold. today to draw attention to a coura- the Extensions of Remarks.) Mr. Speaker, even if we disagree with geous struggle that is taking place on every fiber of our being, every one of us f the island of Cuba. While Fidel Castro should be opposed to those laws and maintains his stranglehold on freedom The SPEAKER pro tempore. Under a tactics that squelch legitimate speech previous order of the House, the gen- of expression, association, and assem- and scare people from expressing their bly, a growing number of nonviolent tleman from California (Mr. FILNER) is opinions. The bankruptcy law provides dissidents are speaking out to demand recognized for 5 minutes. the tools to chill not only our first (Mr. FILNER addressed the House. civil liberties and basic human rights amendment rights of free speech, but for Cuba’s 11 million citizens. His remarks will appear hereafter in our very soul as a Nation. Using the However, being brave enough to the Extensions of Remarks.) force of law to squelch dissent is unac- stand up to the regime can come at f ceptable. great personal cost. Opponents of the Mr. Speaker, this law, which was BANKRUPTCY REFORM state are subject to punishments rang- crafted so carefully to permit some ing from harassment and loss of em- The SPEAKER pro tempore. Under a protests but crush others, will have ployment to beatings and imprison- previous order of the House, the gen- just that result. The wealthy and pow- ment. According to the best estimates tleman from Indiana (Mr. PENCE) is erful will turn their lawyers loose on of human rights groups, Cuban democ- recognized for 5 minutes. quiet, peaceful protesters for no reason racy groups, government and non- Mr. PENCE. Mr. Speaker, I rise this other than that they dislike the con- government organizations, there are evening grievously concerned about the tent of the speech. The powerful law over 400 political dissidents now lan- direction this House may be going as it firms for abortion rights interests will guishing in Cuban jails. No other coun- considers the bankruptcy conference see to it that peaceful protesters are try of Cuba’s size has held so many po- report. hauled into the justice system, are litical prisoners for so long and under G.K. Chesterton once said, the re- forced into settlement that forever such cruel circumstances. former is always right about what is forecloses dissent, or into the risk of I am proud, Mr. Speaker, to be a wrong, and he is generally wrong about threats to take their homes, property, member of Cuba Libertad’s Congres- what is right. But we in this House and businesses as long as they live. sional Cuban Prisoners Initiative. The

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.046 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6109 initiative is a bipartisan effort to pro- B.S. degree from AM&N College, which struction to be elected to the State mote respect for human rights and is now the University of Arkansas at Senate. He was the first African Amer- democratic change in Cuba. Twelve Pine Bluff, and his doctorate of dental ican president pro tem and he became prisoners have been selected to serve as surgery degree from Meharry Medical acting Governor. In Arkansas the way symbols for the more than 400 men and School in Nashville, Tennessee. our Constitution works is if the Gov- women who are suffering in Cuban pris- He continued to practice dentistry ernor or lieutenant governor leaves the ons for the expression of their political for over 30 years in Little Rock until State, they lose their power as Gov- beliefs. his death. Dr. Jewell was the first Afri- ernor, so Senator Jerry Jewell became I would like to take this opportunity can American since reconstruction acting Governor. to highlight one such prisoner, Mayda elected to the State Senate for the He had a very colorful civil rights Barbara Jordan. Mayda was one of hun- State of Arkansas. Until his election in history. I attended his funeral a couple dreds of Cubans who sought freedom 1973, no African American has been weeks ago, and Dr. Roosevelt Brown during the 1994 dissident uprising elected to the State Senate in the told this story how when they were known as the Maleconazo, where hun- State of Arkansas in 80 years. Between young men the efforts to try to deseg- dreds of Cubans took to the streets to 1963 and 1967 he was president of the regate a swimming pool during the demand liberty. Mayda was arrested Little Rock branch of the National As- summertime in Little Rock that basi- along with her sister for participating sociation for the Advancement of Col- cally involved Senator Jewell talking in this mass protest and trying to pro- ored People. He became a lifetime to the young person at the gate and vide a better life for her family. member and president of the Arkansas two or three other young African Her crime? The Cuban government Conference of the NAACP from 1965 to American men running past and jump- calls it piracy. Her charge reflects the 1972. During this time and before, he ing in the pool and immediately all the Cuban government’s policy of sen- worked throughout the State of Arkan- white folks jumping out, the kind of tencing dissidents for serious criminal sas fighting segregation and racial in- story now that we think is humorous acts in an effort to deny the existence justice with the noted civil rights ac- but at the time was deadly serious. It of political prisoners. tivist Daisy Bates and her husband L.C. was a sign of his courage that he par- Bates. Dr. Jewell played a role in na- ticipated in those kinds of events. b 1930 The gentleman from Illinois (Mr. tional politics when he served on the DAVIS) and I want to acknowledge the Mayda is a mother of two young chil- National Democratic Party Credential passing of Senator Jewell, the part of dren and is suffering from the 8th year Commission in 1972 and the National history he played in Arkansas, and the of a 15-year prison sentence. Mayda has Democratic Party Charter Commission loss to his friends and family. served time in solitary confinement from 1972 to 1974. and has been denied family visits for Dr. Jewell was a hard worker and f continuing to voice dissent against the dedicated public servant who survived The SPEAKER pro tempore. Under a regime and refusing to undergo reedu- the harsh struggles of poverty to suc- previous order of the House, the gen- cation. ceed not only in education but politics tleman from Maryland (Mr. CUMMINGS) Her sentence is meant to dissuade and medical practice. He became the is recognized for 5 minutes. others from protesting or leaving Cuba. acting Governor of Arkansas, as a mat- (Mr. CUMMINGS addressed the I urge my colleagues, Mr. Speaker, to ter of fact, when President Clinton was House. His remarks will appear here- after in the Extensions of Remarks.) join with me and demand the release of elected President; and when Governor Mayda and all of Cuba’s estimated 400 Jim Guy Tucker left the State to come f political prisoners. Through our efforts to the inauguration for 5 days, Dr. CONCERNING THE BUSH ADMINIS- and those of such groups as Cuba Jewell was acting governor, and during TRATION POLICY FOR A ‘‘PRE- Libertad, we can draw attention to the that time granted executive clemency EMPTIVE’’ WAR AGAINST IRAQ continuing atrocities against political to two individuals who were facing The SPEAKER pro tempore. Under a prisoners in Cuba and let Castro know death row. Of course, that created previous order of the House, the gentle- that we will not remain silent while quite a stir; but nevertheless he pre- woman from North Carolina (Mrs. these individuals are beaten, tortured vailed and hung in. CLAYTON) is recognized for 5 minutes. and denied access to medical care. I am proud to know that we attended Mrs. CLAYTON. Mr. Speaker, like all Ameri- Mayda Jordan and all those advo- the same university, we are members cans, I am concerned about the state of affairs cating for freedom and democracy in of the same fraternity, Alpha Phi in the world today, and how the United States Cuba need international recognition Alpha fraternity, and I am pleased to government responds to the changing nature for their courageous struggle. Their note that a great American did indeed of threats to our national security—especially lives and the birth of a new democratic provide tremendous service, not only as we near the one-year anniversary of Sep- Cuba depend on it, Mr. Speaker. to the State of Arkansas, but to the tember 11th, how the Bush administration re- f Nation as a whole. acts to these challenges and its approach to HONORING DR. JERRY DONAL f solving other international challenges. JEWELL HONORING DR. JERRY DONAL We are all committed to acting decisively to JEWELL win the war on terrorism, and President Bush The SPEAKER pro tempore (Mr. SIM- has had my full support in that effort. In fact, MONS). Under a previous order of the The SPEAKER pro tempore. Under a Congress voted as one voice after September House, the gentleman from Illinois previous order of the House, the gen- 11th to give the President both moral support (Mr. DAVIS) is recognized for 5 minutes. tleman from Arkansas (Mr. SNYDER) is and authority to prosecute the war on terror Mr. DAVIS of Illinois. Mr. Speaker, recognized for 5 minutes. and to bring those responsible for the attacks on August 17, 2002, Arkansas lost a Mr. SNYDER. Mr. Speaker, I just to justice. great public servant and a fighter for wanted to add my voice to those ac- I am also concerned that the proposed ‘‘pre- social justice with the passing of Jerry knowledging the passing several weeks emptive war’’ against Iraq will divert the na- Donal Jewell, a Little Rock dentist ago of State Senator Jerry Jewell in tion’s attention and limited resources from our who made political history when he Arkansas. war on terrorism as well as from domestic was elected in 1992 as the first African I served with Senator Jewell from needs, such as building up the economy and American president pro tem of the Ar- 1991 to 1993 as Congressman DAVIS a prescription drug benefit for our seniors. kansas State Senate. noted, who, by the way, is an Arkansas In speeches last week, Vice President CHE- A sharecropper’s son, Dr. Jewell, who native. He left Arkansas when he was NEY contemplated a ‘‘pre-emptive war’’ against was born during the Great Depression, 19, but he has never forgotten where he Iraq—one giant step beyond the President’s died at the age of 71 in a Little Rock came from. stated goal of a ‘‘regime change’’ that would hospital after a brief battle with can- It was my pleasure also to serve with oust Iraqi president Saddam Hussein, some- cer. Born in Crittenden County, Arkan- Senator Jewell in the State Senate. He thing most of us thought should have hap- sas, Dr. Jewell attended public school certainly made history by being the pened a decade ago. But Vice President CHE- in West Memphis. He later earned his first African American since Recon- NEY’S ‘‘preemptive’’ prescription for dealing

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\K09SE7.051 H09PT1 H6110 CONGRESSIONAL RECORD — HOUSE September 9, 2002 with Iraq represents a radical departure from be had in an arsenal: the moral authority to forts to bring greater stability to world en- two centuries of U.S. defense and foreign pol- exercise leadership and prosecute a war that ergy markets and to support sustained eco- icy and it should be the subject of Congres- serves the common interest of humanity and nomic growth in Russia and the United States. sional hearings and a vigorous public debate. advances the noble cause of world peace. Russia, with its vast oil and gas resources, Also of concern are a number of arrogant f a growing and diverse number of private sec- and ideological statements made by other tor companies, and a renewed commitment Bush administration officials over the course of RUSSIAN/UNITED STATES ENERGY COOPERATION to investment by international energy com- the last couple of weeks. Especially troubling panies, offers a unique opportunity to pro- are those suggesting that the President al- The SPEAKER pro tempore. Under a vide stability to an often volatile and inse- ready has the authority to attack Iraq at will previous order of the House, the gen- cure world energy market. We recognize that and doesn’t need to consult with and get the tleman from Pennsylvania (Mr. Russia and the U.S. can play a critical role approval of this Congress by virtue of the WELDON) is recognized for 5 minutes. in supporting energy development among the Mr. WELDON of Pennsylvania. Mr. resource rich countries of the former Soviet 1991 resolution authorizing the use of force in Union (FSU). Desert Storm and last fall’s resolution sup- Speaker, I rise tonight to encourage In the coming months we will revitalize porting the war on terror. At best, this is sim- our colleagues to support a new direc- the work of the Duma-Congress Study Group plicity without reason, and reason enough to tion for America as outlined by both on energy policy and coordinate our efforts make the U.S. Constitution ‘‘required reading’’ our President and the President of Rus- with our respective Parliaments as well as for presidential appointees. sia, President Putin. efforts now underway by the government Without ambiguity, the Constitution vested in Later on this month there will be a agencies of the United States and Russia. Congress two powers, among others—the major energy summit in Houston, Among the specific legislative and other Texas, sponsored by the U.S. Energy measures we commit to pursue are: power of the purse and the power to declare U.S. Congressional action to remove trade war. And the War Powers Resolution of 1973 Association. It will have the major en- and economic barriers, including outdated clearly calls for collective judgment of both ergy players in our country and Russia laws no longer applicable to this New Time Congress and the President in time of war. come together to see ways we can co- and New Beginning, such as the review provi- The act gives the President the authority to operate. sions contained in the Jackson-Vanik act alone only when there is an emergency, This follows on with recommenda- Amendment of the 1974 Trade Act. an act of defense against a threat; examples tions that many in this body took in a Duma action to strengthen investment in- would be Pearl Harbor and the September document that we produced last fall centives in the Russian energy sector, such as full implementation of Production Shar- 11th attacks. In others cases a Declaration of entitled, ‘‘A New Time, A New Begin- ing legislation, encouragement of regulatory War or Statutory Authority must be issued. ning’’ which one-third of the House and reform, and other measures to attract inter- President Bush has said that Iraq is gov- Senate joined together in supporting. national investment into the Russian energy erned by evil forces who possess weapons of One of our major tenets was that we sectors. Of specific concern are legislative mass destruction but he has not insisted on should work together with Russia on and related policy measures to permit full an immediate resumption of unfettered weap- their energy exploration and develop- implementation of projects on Sakhalin Is- ons inspection by the United Nations as one ment. The reason this is so critically land and in the Timan-Pechora region, all of way of proving his point. Secretary Powell’s important is, obviously, America’s de- which offer unique opportunities to increase world and U.S. supplies of petroleum. call for U.N. inspections is a hopeful sign that pendence on Middle Eastern crude and Regulatory and investment frameworks to the Administration is reconsidering. The Presi- the problem it causes us as evidenced expand Russia’s oil and gas export capac- dent and his team should follow the example by the current crisis in the Middle ities. of his father and make the case to the Amer- East. Russia has huge supplies of en- Joint parliamentary support for Russia’s ican people, their Representatives and Sen- ergy. We have a need; we have the tech- ascension to the WTO. ators in Congress, and to the world community nology. We should be working together. High level and sustained exchanges on en- that Saddam Hussein poses a real and dan- To that end, Mr. Speaker, there are a ergy development between official entities gerous and verifiable threat—not only to his number of initiatives under way. I am and private sector companies of Russia and the United States. own people and Iraq’s neighbors in the Middle circulating a memo in the House which As our two governments proceed with this East—but to the United States and world I would encourage our colleagues to important Energy Dialogue we call upon peace. sign which is a joint statement that them to consult widely with interested par- From such an exercise, the President could will be signed by both Members of the ties to promote exchanges and to seek sup- rebuild and perhaps strengthen the coalition of Congress, the House and the Senate, port from the broadest cross section of our nations that successfully prosecuted the Gulf and members of the Duma and Federa- business and civil societies. Among the im- War, dealing with Iraq from a position of un- tion Council. This document is fol- portant non-governmental groups we value questioned strength—based on a broad inter- lowed through in a piece of legislation highly and whom we will continue to consult with are the Moscow International Petro- national consensus. This path also has the vir- that I will introduce this week; and leum Club, US-Russia Business Council, tue of assuring that all other methods to re- hopefully we can have that bill on the American Chamber of Commerce in Moscow, solve the situation have been tried and there House floor before we adjourn at the Russian-American Council for Business Co- is no other alternative. It’s worth noting that end of September. In fact, my intent is operation, American-Russian Chamber of this is the same strategy President Bush fol- to have the Duma ratify the document Commerce and Industry and other related lowed in getting other nations to join us in the at the end of September. Eight hours entities that can play a critical role in pol- fight against terrorism. He would be well ad- later in Washington, the Congress will icy assessments and promoting private sec- vised to follow the same course as he ponders ratify the same document that calls for tor exchanges. We will encourage the govern- ment agencies of Russia and the United what to do with the Iraq situation. an expanded U.S.-Russian cooperation States to consult widely with these groups. On the face of it, it may seem easier to on energy. H. CON. RES. — make war than to create peace, but it’s worth Mr. Speaker, that document and the remembering history’s lesson that the costs of joint statement are as follows: Whereas the Russian Federation, with its war are high—in human lives, resources, do- vast oil and gas resources, a growing and di- JOINT STATEMENT OF THE MEMBERS OF THE verse number of private sector companies, mestic needs left unmet and other global chal- U.S. CONGRESS AND R.F. FEDERAL ASSEM- and a renewed commitment to investment by lenges, while the rewards of peace are far BLY ON NEW ENERGY AND TRADE COOPERA- international energy companies, offers a greater, measured by the savings of what TION BETWEEN TWO NATIONS unique opportunity to provide stability to an would otherwise be lost or wasted—as the On behalf of the U.S. Congress and mem- often volatile and insecure world energy Bible says, ‘‘Blessed are the Peace-makers.’’ bers of the Russian Federal Assembly we market; Mr. President and Mr. Vice President, strongly support the recent decision by Whereas on June 6, 2002, Russia was grant- ‘‘Blessed are the Peace-makers,’’ and war President Bush on June 6, 2002 to extend ed market status economy øby the United ¿ should be the last resort, not the first. If you market status to the Russian economy. The States? ; granting of market status is one of many Whereas the granting of market status is have exhausted all best efforts to resolve the mutually beneficial measures our two gov- one of many mutually beneficial measures conflict with Iraq by all other means—by pre- ernments should continue to pursue to pro- that the Governments of Russia and the vention, not pre-emption—without success, mote long-term engagement and integration United States should continue to pursue to then the Congress, the American people and of Russia into the world economy. A key promote long-term engagement and integra- the world will give you the mightiest weapon to component of new engagement is mutual ef- tion of Russia into the world economy;

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.055 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6111 Whereas a key component of new engage- UNITED STATES SHOULD PARTICI- opportunity to meet with our global ment is mutual efforts to bring greater sta- PATE IN UNITED NATIONS partners, strengthen bonds, and obtain bility to world energy markets and to sup- WORLD SUMMIT FOR SUSTAIN- support for difficult policies that re- port sustained economic growth in Russia ABLE DEVELOPMENT quire international cooperation was and the United States; and not there. It had a number of other Whereas both Russia and the United States The SPEAKER pro tempore. Under can play a critical role in supporting energy the Speaker’s announced policy of Jan- spill-over effects. Frankly, we did not development among the resource rich coun- uary 3, 2001, the gentleman from Or- get credit for many of the more posi- tries of the former Soviet Union: Now, there- egon (Mr. BLUMENAUER) is recognized tive developments that we were in- fore, be it for 60 minutes as the designee of the volved with. For instance, during the negotiations Resolved by the House of Representatives (the minority leader. Senate concurring), That— Mr. BLUMENAUER. Mr. Speaker, I on the plan of implementation, which (1) it is the sense of Congress that— have just returned this last week from was the international agreement pro- (A) in proceeding with øthis important en- participation in the United Nations duced at the summit, the United States ergy dialogue?¿ the Governments of the Rus- World Summit for Sustainable Devel- negotiators opposed most of the spe- sian Federation and the United States opment. It was truly an amazing expe- cific targets in the plan dealing with should consult widely with interested parties rience, Mr. Speaker. It was the largest climate change and energy. The United to promote exchanges and to seek support conference ever conducted by the States opposed language that would from the broadest cross section of business have set a goal for industrialized coun- and civil societies; and United Nations. It was attended by over 100 heads of state who took part in tries to increase their use of renewable (B) the United States should remove trade energy by just 2 percent over the next and economic barriers øwith respect to Rus- the summit, joined by over 21,000 peo- decade. It is kind of hard to believe sia?¿, including provisions of law that are no ple, 9,000 delegates, 8,000 representa- longer applicable, such as chapter 1 of title tives of a variety of nongovernmental that the United States, with all of its IV of the Trade Act of 1974 (commonly re- organizations and 4,000 members of the resources and technology, its leader- ferred to as ‘‘Jackson-Vanik’’); and press. It was something that I will re- ship, with a public that understands (2) Congress— member for a variety of reasons. the need for energy independence and (A) supports the actions of the Russian In one respect it was interesting in not being further reliant on unstable Duma to strengthen investment incentives terms of the context in which the sum- energy sources in the Middle East, hard in the Russian energy sector, such as full im- mit was taking place. Amidst news of to believe that our administration plementation of production sharing legisla- thinks it is not possible that the tion, encouragement of regulatory reform, drought, forest fires, devastating storms and flooding around the world, United States could meet the challenge and other measures to attract international of increasing our use of renewables in investment into the Russian energy sectors; millions of people had been displaced in (B) supports the actions of the Russian Asia, there were disastrous floods in the next decade by just 2 percent. Duma to permit full implementation of øen- central Europe, everybody that I met It was disappointing that the United ergy?¿ projects on Sakhalin Island and in the with and I had the opportunity to visit States seemed to avoid any discussion Timan-Pechora region, all of which offer with the representatives of over two of global climate change, our contribu- unique opportunities to increase world and dozen countries, there was not one per- tion to the problem, and meaningful United States supplies of petroleum; son when did not feel that the terrible solutions. (C) encourages regulatory and investment ecological disasters that provided the The United States did finally support framework in Russia to expand Russia’s oil the summit goal to cut in half the and gas export capacities; backdrop in the news were not some- how connected to the cavalier treat- number of people living without basic (D) supports the accession of Russia to the sanitation, matching our objectives for World Trade Organization (WTO); and ment that we have accorded to the en- (E) supports continued high level and sus- vironment. There was virtually no clean water, drinking water. This was tained exchanges on energy development be- skepticism expressed on behalf of the important, Mr. Speaker, because by tween the Governments of Russia and the concerns for global climate change, for linking those two goals together, we have the opportunity to increase 300 United States and between businesses in the instance. two countries. Now, while personally embarrassed percent the effectiveness of our invest- ments. And I was pleased that at the Mr. Speaker, I would also call my that the United States did not have a greater presence, and somewhat over- last minute the United States aban- colleagues’ attention to a speech being doned its advocacy of destructive lan- given at the National Press Club this whelmed by the environmental chal- lenges we face, I returned from that ex- guage that would have undercut wom- Thursday by Senator CONRAD BURNS. In perience with a greater sense of opti- en’s reproductive health and freedom. that speech he will focus on the need mism than I would have thought pos- It was a little embarrassing for a while for America to move toward joint U.S.- sible just a month ago. that our partners in the fight for repro- Russian energy cooperation. Now, make no mistake about it, I ductive women’s rights were those coming from the Arab states. In its Mr. Speaker, one final point, I will be fear the United States was the big loser original form it would have been a dec- contacting the administration tomor- at that summit. I mention that there were 104 heads of state, not the Presi- laration that the Taliban would have row because the upcoming summit on felt comfortable with. October 1 and 2 in Houston is critically dent of the United States, who was staying on his ranch in Crawford, 1945 important, but to this date my under- b Texas, and participating in various But as I say, this was one area where standing is it does not have a large fund-raising events around the coun- focus on the legislative process as part we were able to see some changes that try, allowing the United States to be took place. of the energy initiative. And, obvi- portrayed as an obstructionist or unin- Mr. Speaker, I have some other ously, we cannot have a joint energy terested in a conference to which most thoughts and observations relative to relationship unless both bodies in both other countries sent their leaders. I the experience here; but I note that I countries are directly involved. So I found a certain amount of irony when have been joined by my colleague, the would call upon the administration to the United States, at least some mem- gentlewoman from Los Angeles, Cali- provide a provision in that conference bers of the administration are beating fornia (Ms. SOLIS), and I yield to the for Members of the House and the Sen- their drums for a potential action gentlewoman to make some comments, ate, members of the Duma and the Fed- against Iraq, when a number of people a woman who is deeply concerned noted the need if we are going to be eration Council to speak to the issues about environmental issues and pro- moving forward to have a global alli- of importance that will allow us to im- vided leadership internationally and at ance similar to that which was assem- home for herself in California. plement the ideas and the proposals of bled by President Bush’s father when Ms. SOLIS. Mr. Speaker, I thank the both President Bush and President he was involved with the war against gentleman for yielding to me. Putin on ways that we can expand the Iraq with Operation Desert Storm. It I would like to also thank the gen- cooperation between the U.S. and Rus- seemed particularly ironic that the tleman from Oregon for putting this sia in the energy arena. head of our government, who had an discussion here before the public.

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.023 H09PT1 H6112 CONGRESSIONAL RECORD — HOUSE September 9, 2002 And I too, Mr. Speaker, rise to ex- in half the proportion of people who did tries the commitment to making the press my frustration with the leaders not have access to basic sanitation. Earth cleaner, a more healthy place for of our country, particularly the Bush Number two, we established greater humans and all living creatures; and I, administration, in their failure to be marine-protected networks. And in following the press article, I was fully supportive of all the participants every case existing commitments were struck by how many poor Nations, who at the recent Johannesburg World either reaffirmed, watered down, or al- could least afford to send representa- Summit on Sustainable Development. together trashed. tives from their government and non- The Johannesburg conference was a When are we going to get serious government organizations, but indeed meeting where nearly 200 countries about solving the problems of sustain- did hope that they could persuade the came together for 10 days to search for able development? The goal of the sum- richer countries to help them grow ways to bring clean water and sanita- mit was to implement a vision for a their economies in socially and envi- tion to nearly 2 billion of the world’s healthier and more sustainable future; ronmentally sustainable ways. poorest people, the world’s poorest peo- but it fell far short, and now our coun- I think one of the most positive out- ple. try risks falling behind our competi- comes of the summit was the agree- Because of this administration’s un- tors who will develop innovative and ment by all nations to begin managing willingness to help meet the needs of profitable and clean and efficient tech- the marine resources with an eco- our global society, there were a few nologies, but where does that leave us? system approach and to restore fish binding commitments made at the con- Where does that leave the United stocks to sustainable levels by the year ference and our world leaders left that States? 2015. I pledge to continue to work with conference without addressing some of It is time for this administration to the U.S. and all nations to make these the most pending issues, like issues re- start focusing on sustainable develop- goals and reverse the devastating garding AIDS, smokestack emissions, ment. trends in pollution and overfishing or uneven benefits of global trade. Car- Mr. BLUMENAUER. Mr. Speaker, we that we see in the oceans all over the bon dioxide emissions, as my col- have also been joined this evening by world. leagues know, have risen 18 percent the gentleman from California (Mr. I was shocked, as my colleague’s comments pointed out, and I am sad to above 1990 levels in the U.S., by 11 per- FARR), my colleague from Carmel/Mon- cent in Japan, 13 percent in Canada, terey, a gorgeous district in California. say that I believe that our administra- and almost 30 percent in Australia. As I have been impressed since the day I tion remains blinded to these issues; and I think it remains blinded because our carbon dioxide levels have risen, so first came to Congress with the Con- they really have not listened beyond too have our instances of weather-re- gressman’s deep appreciation for the the short-term special interests, cor- lated disasters, and we see that here in environment and the leadership that he porate interests in America. the U.S. more and more. has provided, whether it is for scenic Let me tell my colleagues that I rep- Since 1975 these natural disasters, highways, coastal conservation, under- resent the State of California and chair namely droughts, windstorms, and standing the role that sustainable agri- the Democratic delegation in that floods, have increased by 160 percent, culture plays, and was host to the first State. Look at California. I mean, we killing approximately 440,000 people White House conference on the oceans. have that comment here that sort of and causing $480 billion worth of dam- I yield to the gentleman from Cali- anything but California, but indeed, age in the 1990s alone. And still the fornia (Mr. FARR) for comments on the California is a nation-state. It is 33 U.S. negotiators fought efforts to de- world environmental summit. million people. It is the fifth largest Mr. FARR of California. Mr. Speaker, crease our world’s dependence on dirty economy in the world. It is the most I thank the gentleman from Oregon fossil fuels and increase our focus on diversified in businesses, everything (Mr. BLUMENAUER), my colleague and alternative energy use by refusing to from Hollywood to Silicon Valley to good friend, for yielding; and I want to commit to deadlines that would have agriculture. It was the leading agri- held our world leaders accountable? congratulate him and my other con- culture State; and it goes on and on Any teacher or student will say that gressional colleagues who went to Jo- and on. deadlines are necessary to ensure hannesburg, South Africa. While he Yet this State that is such an eco- progress. We know that. And yet this was in South Africa, I had the privilege nomic engine, which has more cars, administration would rather continue of being in his beautiful State, in fact more people to consume energy, more to allow people to live in unsanitary in his district of Portland, Oregon; and air conditioners, more houses, more and unhealthy and unthinkable condi- I can tell my colleagues that indeed buildings to heat and cool, more of ev- tions in the name of flexibility. the western United States and particu- erything, has created policies in that During this past week, we heard re- larly Oregon is one of the most beau- State, political policies, that are im- peatedly from U.S. officials that ac- tiful States in the United States; and I plemented and carried out. The bottom tions speak louder than words. If our would recommend to everybody who line is that California consumes the actions are truly commendable and wants to see spectacular scenery and least energy per capita of any State in beneficial, why does this administra- uncrowded highways just to visit that the United States. tion fear committing to sustainable de- great State. Why am I saying this? Because if the velopment not only in action but in My colleagues all came together in U.S. remains unwilling to truly come clear words and statements? There Johannesburg about 2 weeks ago to ad- to the global negotiating table, strong must be some form of accountability. dress the global issues that exist at the commitments toward such efforts as No longer can we live without the un- intersection of economic development reducing the emission of greenhouse derstanding that this is a global soci- and environmental sustainability. I gases and urging a change of the way ety and we have to work together with happen to be very keenly interested in from an unsustainable pattern of con- real plans and real goals and real ac- the outcome of that because my dis- sumption and production, then Cali- countability to ensure that develop- trict that my colleague just mentioned fornia is going to suffer, the businesses ment is sustainable, not just in this is the salad bowl center of the world of California. Why? Because in business country, in the U.S., but in the entire and we cannot continue to produce there is a need to have fairness, and world. We have a responsibility. fresh fruits and vegetables if we do not fairness essentially is a question of cer- The world’s scientists predict that have a clean environment, clean water, tainty. the Earth’s temperature could rise by a clean air; and we know that from our If one is going to take capital and global average of 6 degrees celsius by interest in trying to develop small put it into something at risk, they the year 2100. This reality demands ac- business economy through tourism and want enough certainty that they are tion now; and 10 years ago at the Rio ecotourism that indeed the environ- going to be able to get a return for conference, many new initiatives and ment sells. Well, the environment can- their investment. That is what Cali- goals were put forward, and at this not sell and cannot be there for small fornia businesses do every single day. conference there were only two in- businesses if it is dirty. Only the balance of that certainty is stances where we set a true goal. Num- My colleagues all went to Johannes- shifted away because the Federal Gov- ber one, by 2015 we committed cutting burg to declare along with other coun- ernment fails to take a lead in leveling

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.058 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6113 the playing field, which means, really, way. I am thrilled that my colleagues esting experience. My colleague men- upgrading the playing field so that and others, including, I see, the gen- tioned the meeting I chaired on renew- California, which is doing things that tleman from Maine (Mr. ALLEN) is able energy, and that in itself was an are environmentally very sensitive, here, people that ought to be thanked eye opener, I guess I would say, be- gets treated wrongly in this town. It by the American people for their com- cause we had around the table several hurts all the small businesses who are mitment to making sure that the world representatives from Japan, two from not able to compete on a level playing understands that we in the United Slovenia, two from Sweden, one from field, and it certainly hurts our big cor- States are trying to, in Congress, in- Thailand, one from the Philippines, one porations. vest moneys in developing appropriate from Uruguay, and I am sure some oth- Are they going to the State legisla- technologies so that those technologies ers. It was a cross-section of nations ture and asking the State to repeal all can be applied in the developing coun- large and small from really all around these tough environmental laws in tries around the world so that they can the globe. South Africa was included as California? Absolutely not. In fact, our indeed have a clean, healthy environ- well. national leadership should be cham- ment to raise their children in. The interesting thing, to me, is how pioning the leadership of cleaning up I thank my colleagues for rep- much different countries are trying to the pollution. This administration resenting us at the world summit and make sure that these international should be acknowledging the leader- thank them for having this colloquy goals that are being talked about more ship of California Governors. When we tonight. elsewhere than here in the United look at them, Republicans and Demo- States somehow fit their own countries b 2000 crats alike, Republican Governor and their own experience. And that is George Deukmejian; a Republican, Mr. BLUMENAUER. I appreciate the basically what you would expect. But what is true, I think, from this experi- Governor Pete Wilson; and now Gov- gentleman’s attendance and his focus- ence and from others is that most ernor Gray Davis, who just signed the ing on the leadership, for instance, other countries realize that the cli- toughest automobile car sequestration that has happened now in California mate is changing fast; that it is due to emission standards in the world. dealing with more fuel-efficient cars. I human emissions, carbon emissions in That is the kind of leadership that think it is clear that the American particular, and that, and this is where American people are asking for. Was it public would have responded, if Con- the United States is not following, that easy to do politically? Absolutely not. gress and the administration, when we we need to do something about it. We Everybody who was in the automobile were dealing with an energy bill, would need to do something fairly serious industry opposed it; and yet California have stepped forward to produce simi- quickly. It is clear that the Europeans has the largest automobile sales, the lar standards on a national level to re- are taking the lead in a number of re- largest consumption of automobiles in duce our reliance on fossil fuels, to pro- newable energy technologies, wind and the United States. tect the environment, to reduce green- solar and small hydro and others, and Why was it accomplished? Because it house gases has ultimately saved the taxpayer money. we are being left behind. really was the right thing to do. Cali- I happened to go to an exhibit by fornia really wants to move towards The gentleman referenced our being joined this evening by our colleague, BMW, where they were describing an sustaining itself internally on energy engine that can run both on gasoline or the gentleman from Maine (Mr. and making sure that energy is clean. alternatively on hydrogen, and they ALLEN). Let me just say that one of the We are the leader of wind energy; we were arguing that this kind of internal positive aspects of this conference, for are the leader of solar energy; we are combustion engine that can run on hy- me, was watching men and women the leader in geothermal energy; we drogen is a transition to a hydrogen fu- from around the world who were pol- are the leader in biomass production. ture. One of the problems is that, of icymakers and who understand the All of these alternatives, which show course, if we are going to have cars need to protect the environment come that we can meet these really tough that run on hydrogen, and in fact together. I had the privilege of watch- standards and still make a profit, I where the by-product is not carbon di- think ought to be recognized. ing our colleague from Maine partici- oxide, carbon monoxide, or whatever, Business really needs fairness at the pate in an organization called GLOBE, but water, where you could get to zero national level, an equal playing field; Global Legislators Organized for a Bal- emissions quickly, we do not have a lot and I ask this administration, I ask the anced Environment, and I am pleased of hydrogen filling stations around this President of the United States, to help to say that the United States Congress country or in Europe. And they were bring up the rest of the Nation to Cali- was well represented in a bipartisan talking about this as a way to do a fornia standards, to recognize, as the fashion. transition. leaders in California, ought to be prais- I think the international president, Mr. FARR of California. If the gen- ing Governor Davis. But because it is or chair, is our colleague, the gen- tleman would yield. I am very curious an election year and people are sen- tleman from Pennsylvania (Mr. GREEN- about the gentleman’s discussions. We sitive about partisanship and the Presi- WOOD), who was eloquent on several oc- spend a lot of time here in the House of dent is a Republican and the Governor casions in pointing out that there is Representatives and on the floor argu- is a Democrat, that instead of praising some bipartisan support for improving ing trade issues, and obviously issues him for doing the right things, there is environmental standards. The national come up about trade sanctions. When a criticism going on and that criticism chair is the gentleman from Con- the gentleman looked at the commit- is just unjustified when we look at the necticut (Mr. SHAYS), and the gen- ment that people were making in voices that were in Johannesburg and tleman from Maine (Mr. ALLEN) South Africa, did he get any feeling what they were saying. chaired some interesting negotiations that we may be isolating ourselves They want this Nation to join Cali- with representatives from a dozen dif- from future markets because our fornia, to be more like California, so ferent countries around the world deal- standards are not good enough, our that together we can lead the world, ing with renewable energy. automobiles are not clean enough; and, not drag the world down, which is the I am pleased that the gentleman is therefore, they are not going to allow image that we had in Johannesburg. here. I am pleased to have watched him them to be sold in those countries; that I am absolutely thrilled that mem- in action provide some leadership in our other exports of our machinery bers of the legislative branch, the Johannesburg on behalf of not just the does not meet high enough standards checks and balance system that we United States but parliamentarians to be marketed in those countries, and have in our Constitution, were able to from around the world, and I would be that we are really shutting off our abil- go to Johannesburg and to indicate to honored if the gentleman would join in ity to do trade? the delegates that not everybody in the this discussion at this point. Even though a lot of times the brain- United States was against setting some Mr. ALLEN. I thank the gentleman power for that technology really rests really tough global standards and to for yielding, and it certainly was true in the United States, it is just that we providing the money and capital and that being in Johannesburg for the have not had a commitment to invest- leadership to move the world in that time we were there was a very inter- ing that brainpower in the tools that

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.060 H09PT1 H6114 CONGRESSIONAL RECORD — HOUSE September 9, 2002 can be incorporated in our polluting in- colleague from Maine. Just following slightly less than they did in the past. struments. up on that, in that session that the The rest of Europe, the Japanese, and Mr. ALLEN. I have no doubt that the gentleman from Maine chaired, we countries in Africa and in South Amer- gentleman is right. A couple of things. were joined by a friend of ours from ica, are saying what good does that do? It is clear that the EU legislature and Great Britain, a member of parliament, You have to first stabilize the emis- individual European countries are set- Tony Coleman, who pointed out that in sions; stop them from growing. And ting higher standards. They are setting Great Britain in the 1990s, they made that is really what we need to do. some standards. They are setting high- the transition from dirty coal-fired So that was a tremendous point of er standards, obviously, than the Fed- power plants to cleaner gas power contention throughout Johannesburg. eral Government here for carbon emis- plants to generate electricity. The U.S. never gave in. They never sions. And the result is that they are We in the United States, if we, in- agreed to any targets or timetables. triggering the need to do a substantial stead of as the administration is sug- But I believe that the reason is clear: amount of research and development in gesting, undercutting the new source The President has basically said global renewable fuels, in ways of converting review and dealing with the require- warming is a problem. Adjust to it. to new fuels, and to having more re- ment of our own Clean Air Act for And that is not the kind of response newable technologies. these dirty power plants that are hav- that the rest of the world believes is re- I think it is likely, based on what I ing a devastating effect on my col- sponsible. heard in Johannesburg, that Europe is league’s State, amongst others, we Mr. FARR of California. It certainly going to go roaring by the United would just deal with the spirit and the does not demonstrate leadership. There States when it comes to developing letter of the law, clean up those power is no way anyone can take the United new technologies of this kind. That is plants, we would reduce our emissions States position and argue that we are a going to leave us, in the long run, at a to the level that we had in 1990 and be leader in this field. disadvantage in the European market. well on our way to meeting the Kyoto I think we have been a leader in And when carbon restrictions come in protocols. bringing about the consciousness of this country, as they surely will, it will Mr. ALLEN. If the gentleman will global pollution and admitting that we leave U.S. automakers and others real- continue to yield, I do not think people are, as tremendous consumers of our ly behind the 8 ball. realize that one-third of all carbon material goods, leading the world in Mr. BLUMENAUER. Could I just emissions in this country come from pollution. And we have been a leader in interject for a moment? Because I en- these old coal-fired and oil-fired power recognizing that we have to do some- joyed touring that exhibit with the plants that are grandfathered under thing about it, but that has always gentleman from Maine by BMW, and it the Clean Air Act. If we just bring been initiated more by local commu- did strike several chords. One, to the them up to new source review stand- nities and States. There has been sort point made by our colleague from Cali- ards, we will do an enormous amount of an attitude in America that you think globally and act locally. And cer- fornia, we are already being foreclosed to improve the carbon emissions situa- tainly that has been the response com- by certain market segments. Next tion in this country. That is probably ing out of the West, and I think out of year, there are three hybrid vehicles the easiest step to take. It is probably my colleague’s State of Maine as well. that consumers can choose from, all the first step that we will take at some The frustration that I have experi- made in Japan. And they have a wait- point to deal with these old power enced in my political life has been that ing list for them. People want them. plants, and it makes no sense to keep without leadership we do not get com- They are in my colleague’s district, in putting it off. mitment of research dollars, of essen- I thought it was interesting, the my district, and it is a little frus- tially those key dollars or those lend- meeting that GLOBE held. They had trating to see that. ing programs through international We have, however, American auto- all sorts of meetings. In fact, GLOBE banks. makers who are meeting the standards, was a very active organization in Jo- Attention was brought to me by a the higher standards in Europe. They hannesburg. They did a terrific job. constituent who actually worked out are meeting the 40-mile-per-gallon fleet But the meeting I was chairing was all the technology with a lot of firms, standard. They are having to contend about the most controversial topic in none of which were American compa- with that. They are competing in the Johannesburg, which is whether we nies, on how we could reduce all oil de- European market already. But they are should set targets and timetables for pendence on all the islands around the somehow feeling that they cannot im- renewable energy. world. All of the islands do not produce pose those higher standards here at Right now, globally, renewable en- oil, so they have to ship it in. It is very home. And I find that a little frus- ergy sources, as defined by the U.N., costly. Yet they are surrounded by two trating. represent about 2 percent of all power things; they are surrounded by sun and And I know that the gentleman’s generated in the world. And the ques- they are surrounded by saltwater. If we point is right. In the long run, to the tion was should we move to a target of could use the sun to convert the salt- extent to which we resist that, we are getting, as I recall, a 10 percent in- water, one, we get fresh water for the going to lose business, not just inter- crease by 2020 over the 2 percent that island, which, in addition, could be nationally but we are going to lose was applicable today and in 2000. It was used for mariculture, so we could start business here at home. a major goal but an achievable goal. At growing fish products onshore that Mr. FARR of California. Well, it is least the rest of the world thought it would have global markets as well as a rather embarrassing, if not shameful, was achievable. domestic market; and, two, we reduce that our country that is always sort of But it struck me that the problem the independence of having to ship this championed as being in a leadership the United States has, and particularly oil. Hawaii is a good example in our role of higher quality, of better stand- the Bush administration right now, is country. And we have a by-product of ards, of caring for living things, protec- we cannot argue for a position to be clean water and an energy source. tion of species, and so on, would be so adopted internationally if we are not negative about in this race for to clean willing to advocate for that position at b 2015 up the planet; that we are not at the home. And the fact is that the Presi- That is very expensive to do; and the front of the parade. dent’s Clear Skies Initiative, so-called first time it is done, it is not cost effec- It is embarrassing for me from a Clear Skies Initiative, basically would tive. There is no profit. There needs to State that is trying to be at the front reduce carbon emissions in this coun- be a risk, and usually those kinds of of the parade but not having any co- try by about as much as if we did noth- risks are taken by government loans operation from the Federal Govern- ing at all. and subsidies, but we have to get it ment to keep us up there or to encour- Carbon emissions are continuing to started. age us to go further by bringing the go up, but they are going up slightly I wonder if there was any discussion rest of the Nation up to those levels. less than they did in the past. Under in Johannesburg about how to get the Mr. BLUMENAUER. If I could make the President’s proposal, they will con- money in place to do some of these ab- one last point, then turn it back to my tinue to go up at a significant rate but solutely essential things.

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.061 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6115 Mr. BLUMENAUER. We met with reach was so short. By rejecting any ef- the breakup of the Soviet Union, in Af- business people, governments, and with fort to set targets and timetables for rica, even Latin America, the rates of academicians from around the world; getting to more renewable energy, we growth have been negative or so slow and it does not seem that this is some- were basically sitting back on the pri- as to cause serious social problems. thing that should be beyond our capac- mary issue before the conference. Mr. Speaker, that is a component of ity. I would say the administration took this debate that needs to be addressed; First, the simple fact is that the fu- several positions. They said we want to and I think it needs to be addressed by ture of energy in some way is going to establish partnerships, partnerships be- making sure that when we set policies, deal with solar energy. In 1 hour, the tween governments and the private whether trade policies or aid policies, sun radiates as much energy as the sector and the nonprofit sector. Many we are doing things that empower peo- world consumes in a year with all of its of them were rolled out, and many of ple at the grass roots in countries so fossil fuels. Being able to advance the them I think are going to make a con- they can go out and make a living and technology, which is moving forward, tribution. There is nothing wrong with start a business and have the kind of to be able to harness virtually an un- a proposal for partnerships that deal economic growth that we have experi- limited supply of energy for the with some of these environmental enced so often in this country. Earth’s needs seems to be a top pri- issues. The administration was also Mr. BLUMENAUER. Mr. Speaker, ority. saying that we need to insist on good one of the things that concerned me We had advocated, all of us in the governance because so often aid money was that we seem in the more devel- U.S. delegation, Members of Congress has been wasted when it goes to gov- oped countries to have a blind spot to- from both parties, suggested there be ernments that are corrupt or ineffi- wards that equity, and there did seem one simple step, that when we have all cient; and that, too, makes good sense. to be a dual standard. of these export credit agencies, OPEC, But, it fell so far short of what the ex- There was a fascinating meeting the World Bank, Ex-Im, that there be a pectations were around the world, and which discussed the devastating impact commitment that 10 percent of the en- I think in many quarters here in the that the more advanced countries’ ag- ergy facilities be renewables. We could United States. ricultural policies have on poor coun- do that with the stroke of a pen. It It was only right near the end of the tries. All three of us had deep reserva- would move forward, help jump-start conference, probably a day before I tions about the agriculture bill that this. Sadly, that was resisted. left, which was the day before Colin passed on this floor and was signed into The goal of 15 percent by 2015 seems Powell spoke, that we actually agreed law by the President just a couple of to be within our grasp if we use oppor- to one target which had to do with months ago. tunities like this. But both gentlemen sanitation, trying to move and I do not But the European Union, for exam- have been talking about United States remember the exact number, but to cut ple, is ignoring its own egregious agri- leadership. I am frustrated that the in half the number of people living cultural practices, which are actually United States steps back and uses ex- without sanitary and sewage facilities worse than ours. For instance, poor cuses in lieu of leadership. In that ses- around the globe by 2020. But there was countries in Africa were denied access sion that the gentleman from Maine a case where at last, after a lot of nego- to the European sugar market where (Mr. ALLEN) chaired, there was a min- tiation, the U.S. finally came around prices are kept artificially high, some ister from India, and we point out that to the position that the rest of the three times the world price, to deal the United States consumes 36 times world had arrived at a long time be- with the sugar beet industry in Europe. the energy and has 36 times the green- fore, and we were the lingering hold- Poor countries cannot have access to house gas emissions than the average out. that market; and the Europeans are Indian. The average citizen of India I just want to make one more point producing so much that they are dump- emits one-sixth of the greenhouse gases about the mood. At a number of dif- ing that sugar on the world market, of the world average, whereas the ferent meetings, I got the sense that undercutting the poor sugar farmers in United States emits six times the we do face a crisis. Sustainable devel- Africa, much like corn from the United world average, 25 percent for less than opment is more than the environment. States is going to Mexico and driving 5 percent of the world’s population. Yet In fact, it is more than the economy of poor farmers out of business in Mexico. somehow the administration feels that a country plus its environment. It also And our farmers are getting rich sub- this desperately poor country of India involves how people are living and sidies from our government. It costs that is emitting less than one-thirtieth whether they have a standard of living them more to produce than they get of the greenhouse gases than we are, that is appropriate and one that is rea- from the market, and the surplus is somehow they should step up and as- sonable for them to expect given the dumped overseas. sume leadership. I think it is an abro- circumstances of that country. In Yet we have aggressive policies to gation of our responsibility. other words, sustainable development try to force some of the poor countries Mr. Speaker, I would like to say that to the rest of the world has an eco- to open their markets to protect intel- I appreciated the way the gentleman nomic component, an environmental lectual property I understand, to pro- from Maine (Mr. ALLEN) guided that component, and a social component. tect capital I understand, to protect forward to have a resolution that was Often here in the United States we drug patents; and sometimes it is less approved by these parliamentarians kind of leave out that social compo- understandable why we do not do more unanimously. nent, perhaps because we are at least to protect poor countries, and yet we Mr. ALLEN. Mr. Speaker, if the gen- generally the wealthiest country in the hammer them with our inconsistent, tleman would continue to yield, his world. But it did seem to me that there and I would be prepared to argue, im- point is an excellent one. One thing was a sense both in a meeting that I proper agricultural policies that are that we need to do more of with both went to on Latin America and in some bad for the taxpayer, bad for the envi- China and India, they are going to be of the conversations on Africa that this ronment, and bad for most farmers and using some coal. Both have supplies of globalizing system, this growing uni- end up devastating poor farmers coal. They are developing their econo- formity of financial structures in de- around the world. mies faster than other countries veloping countries, was not working Mr. FARR of California. Mr. Speaker, around the world, both are in different very well for ordinary people. I think what turns that around is lead- ways. But the best technology we have In too many countries around the ership. Leadership needs to be provided for clean coal use we ought to be mak- world which have been forced to open to get us out of the broken modality. ing sure gets transferred to the Chinese their markets both to goods and cap- I think back to the years when I was and the Indians so they can do the best ital from other countries, they have a Peace Corps volunteer and had no re- they can in holding down emissions. found that the capital that comes rush- sources except the people. They did not I want to say a couple of other things ing in can go rushing out just as fast; want to necessarily be American con- about the U.S. position. It struck me and they are concerned that their sumers and have all these goods, be- that the problem was not that the economies are not growing. They are cause they could not afford them; but United States did nothing, but that our stagnating. In Eastern Europe, after they wanted a better life-style. What I

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.064 H09PT1 H6116 CONGRESSIONAL RECORD — HOUSE September 9, 2002 think they wanted from the leadership was not simply the case that people in Energy and NOAA and EPA, the De- was how can we have a better life-style the United States were saying, ‘‘No, partment of the Interior, there was no without having to pay the price of pol- we’re putting our head in the sand. information on global warming, on cli- lution. They would say we live in pollu- We’re pretending that climate change mate change. None. But if you went tion and streets that do not have sew- isn’t going on. We’ve decided to adapt next door to the exhibit of BP, British ers. We live in houses that do not have somehow.’’ Petroleum, there they had informa- clean water, or any water at all. We I do not know about you, but in my tion. There you had an international live in houses that have no electricity, State, every summer is warmer than corporation that has sometimes had its or if we have it, it is very weak because the last. We used to have snow all the problems with the environmentalists, it is borrowed from what they call con- time at Christmas. Now it is relatively but they have a saying, ‘‘BP stands for traband electricity. rare. The changes are visible to most Beyond Petroleum.’’ They have made a They were not asking for more bad, people even though they are hard to corporate commitment to meet the more ugly, more evil; they were asking quantify. But when you look at them, Kyoto protocols as a corporation. We how do we use the smart technologies when you look at the numbers, and I found that the World Business Council in the United States. And I think we can take one State, Alaska. In the last for Sustainable Development joined in have done that on a couple of exam- 30 years the average temperature in the fight for a real target for invest- ples. For example, cell phones, a great Alaska has increased by 5.4 degrees. ment in renewable energy. We had cit- technology, have eliminated a need to That is an enormous increase. In many izen advocates and nongovernmental wire everything. Those things are very, places the permafrost is melting, the organizations that were effective in very costly; and we are using a tech- roads are sagging, trees are tipping holding governments accountable. nology where satellites can help us over, buildings have less secure founda- They were able to cut through the se- communicate all over the globe. That tions. It is leading to dramatic crecy and the backroom deals. They has a social impact. It allows people changes. provided us with the best information access to information, and we do not I just think that what we have got to about what was actually occurring, necessarily have to build poles. Look do here at home, those of us who be- who was doing what. I think it is im- at how if we could tear down all of the lieve this is a serious problem that portant to note that their reactions power lines in the Unites States how needs to be dealt with, is keep urging were anything but knee jerk. I think much more attractive many commu- our friends and colleagues to take this they were very sophisticated in terms nities would be if they did not have all issue seriously, because as soon as you of their analysis of trade, environ- of those wires hanging everywhere. take climate change seriously, a whole mental practices, the impact on our My experience has been to lead us set of things follow. You have to have globe as well as proposing simple, com- into the appropriate technology that is an increasing emphasis on renewable monsense solutions that are actually necessary for us to be in this world. energy of all kinds, small hydro, wind, within our power to implement. I per- The gentleman mentioned corn in Mex- solar, fuel cells and all of those tech- sonally came away from that summit ico. The one thing that the Mexican nologies. I suspect that all of the esti- surprisingly encouraged. farmers are doing is they are starting mates of cost are a little out of whack, Yes, at times the problems seemed to grow organic. Where is the organic because what we are saying is, with the overwhelming: 325 million children not market in the United States? They do right commitment, we are going to in school; 1.1 billion people without not have to buy a lot of expensive fer- stimulate new technologies, the devel- clean water; 2.4 billion without ade- tilizers and get into the expensive in- opment of new technologies, the imple- quate sanitation. Yet amazingly frastructure to compete with America. mentation of new technologies that progress is possible in sanitation, They have cheap labor. Organic farm- will give an additional boost to signifi- water supply, affordable housing and ing is labor intensive. It takes more cant parts of our economy. The rest of agriculture. The citizens from around people to produce a crop than just the world understands that. That was the world and business leaders are doing it with chemicals. evident at Johannesburg. It is time we moving in that direction. It is clear There were examples of where Amer- caught up with the rest of the world. that we have the know-how, the skill ican technology, American ingenuity Mr. BLUMENAUER. I appreciate the to change current destructive practices can help countries overcome some of gentleman’s comments. I appreciate and teach people how to help them- their pollution problems. I think what the leadership that he developed. I selves. I was stunned by the potential we have not demonstrated in this coun- know it was not easy, having witnessed resources that are within our grasp. try is the will, the political will, the a little tiny bit of his Maine summer For what Americans spend on cos- leadership that it takes to move for- the week before, I do not know how metics every year, we could largely ward. hard it was for him to fly halfway meet the target for sanitation, saving Mr. Speaker, I appreciate the gentle- around the world for a couple of days, millions of lives each year and pro- man’s recognizing the struggle that but I think the conference was better moting a more stable world. By reform- there was in Johannesburg with trying for it and I deeply appreciate his will- ing our costly, environmentally dam- to defend America. ingness to do so. I must say that at the aging farm programs, we could help summit, I was encouraged by some poor farmers around the world while b 2030 other people that we encountered, we protect the U.S. taxpayer, the envi- Mr. BLUMENAUER. Does the gen- where some of the hypocrisy of some of ronment and our family farmers, clean- tleman from Maine have some con- the richer countries, they were taken ing up, as we mentioned, the dirty coal cluding thoughts? to task by well-organized and articu- plants as required by the Clean Air Act Mr. ALLEN. Just a few. One of the late poor people, by representatives of in this country, and I salute the gen- interesting things I found in Johannes- nongovernmental organizations, by a tleman from Maine’s leadership to try burg is people look at us the same way growing consensus of elected leaders to make sure the United States does that we look at other countries. That like the gentleman helped guide deal- something about it, would put us on is, we look at the policies set by the ing with renewable energy. We saw track to meet the Kyoto goals. Simply current administration, whether it is business step forward to embrace the by doing what we know how to do, Britain or France or Germany, Russia, challenge of the Kyoto Protocol. spending money more wisely, following wherever, as being sort of the begin- The gentleman from Maine and I our own environmental laws and heed- ning and end of opinion on that subject went to Abutu village where there were ing the wishes of the public, we can in that country. And I think that one spectacular exhibits, one that was save the planet. function that the six of us served who managed in part by the Smithsonian, The world summit, I feel, was an im- were over there is that we had a dif- that had a number of United States portant step in pulling these pieces to- ferent view from the current adminis- agencies that told a lot about the envi- gether and making them a reality. The tration, and that seemed to be of great ronment. But if you looked at that ex- United States is the world’s richest comfort to a lot of people, that we were hibit, and we walked through the ex- country. As its biggest polluter, it has having a debate in this country, that it hibit tent, including the Department of a special obligation and responsibility

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.066 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6117 to address these global environmental There was no objection. Who do you think led the battle in issues. I assure you that I am willing f Bosnia? Who do you think got com- to work with you to make sure that we munism out of Europe? You can go to THE IRAQI SITUATION in Congress move in that direction. example after example after example. Did the gentleman from California The SPEAKER pro tempore (Mr. It is the United States of America. To have any concluding thoughts? FERGUSON). Under the Speaker’s an- see some of my colleagues, or to see Mr. FARR of California. I just want nounced policy of January 3, 2001, the people stand up and continually bash to thank the gentleman. I would love gentleman from Colorado (Mr. the United States and put a spin on it to see the leadership, the political MCINNIS) is recognized for 60 minutes is discouraging. leadership, elected leadership and the as the designee of the majority leader. Take a look at Berkeley University. I administration, would it not be won- Mr. MCINNIS. Mr. Speaker, I found cannot even imagine. There is an ac- derful if the electricity on the Presi- the previous speakers’ comments inter- tual debate at Berkeley University on dent of the United States’ ranch was esting. In part their comments were ac- the commemoration for September 11, totally generated by solar power and curate, but I should point out that whether they should allow red, white that the vehicles that were driven on when we talk about the Kyoto treaty, and blue to be worn. Not a flag, just that ranch or were used were these hy- what they should bring to the atten- the colors red, white and blue, whether brid vehicles as other countries have tion of the body is that when it was they should be allowed to be worn on had. That is the kind of leadership. We voted on by the United States Senate, campus because it might offend some- need to demonstrate by our own ac- the vote was 99–0. 99–0. That was not all body. The American flag might offend tions as I have at home by using solar Republicans, that was Democrats and somebody, so maybe we ought to take power to generate energy in my piece Republicans combined in the United it down. Come on. Give me a break. Pa- of property down on the Big Sur coast. States Senate. Not one vote in favor of triotism in this country today is still That is the kind of leadership I think that so-called treaty. Why? Because very strong. This country has got a lot that the people are asking for, is dem- that treaty unfairly assaulted the more things going right for it than it onstrate by your own use. My wife United States of America. does wrong. This country will stand wants to get for our next car a hybrid Obviously we as elected representa- head to head with any other nation, car. I think each one of us can do our tives of this country want to stand in not just existing nations today, but part. But at the same time we have to front of this body and stand in front of look in the history of the world, and I look and commend those areas, as I the American public and commit to do challenge my colleagues, look in the said, like California that has really things that are better. We can do a lot history of the world to find one nation moved on a huge scale to convert 33 more to conserve, everybody in this that has done as much as this Nation million people into being energy-con- country, in this world, can do more to has done for the poor people in the scious, and to being environmentally conserve and, frankly, conservation world, for hungry people in the world, sensitive. right now is going to get us a lot fur- gone to the defense of many, many na- I want to thank the gentleman for ther than my colleague’s suggestion tions in the history of the world, edu- representing our Nation’s viewpoint in that the President of the United States cated more people than any other the global conference in South Africa. I convert his ranch in Texas to solar country in the world, educated them to appreciate him and our other col- power. Conservation is the answer a higher level than any other country leagues in this House attending that. right now. In the long run, solar power, in the world. And what is the biggest export of this Mr. BLUMENAUER. I thank the gen- in the long run energy from waves, in country that no other country can tleman from California. When we talk the long run energy from other sources match? In fact, cumulatively, if you about leading by example in energy ef- is what is going to be the answer, but put all the history of the countries to- ficiency, does the gentleman from in the short time, sitting here and con- gether in the world, they do not even Maine have any experience? demning the United States of America come close to exporting what the Mr. ALLEN. I have done the same as some people might do or feeling that United States of America exports as its thing with a vacation property I have the United States of America should biggest item. What is that item? It is in Maine, which is convert to solar hang its head low is wrong. The leading freedom. The United States of America power. It is absolutely wonderful. We technologies in the world on environ- has broken the ice. It has taken the all need to take whatever steps we can. mental control, on assisting us with lead. It has put the footprints in the The gentleman from Oregon referred to stopping pollution, on making coal sand for freedom. And we see that some the hybrid cars that exist. I do under- cleaner burning and so on, without a of our citizens for some reason act stand that Ford next year is going to doubt the leading technologies in the world are developed by the scientists in ashamed of being an American. The come out with a hybrid. I have not seen beauty of freedom is that they can al- it yet, but I understand they are work- the United States of America. There is no other country in the world that has ways move. If the beauty of this coun- ing on one. It may be out next year. So try is so bad that you do not think it there are going to be opportunities for helped more other countries with their environmental problems, assisting can be improved or you think that you the American public to save energy, have to continually criticize this Na- save money and contribute to making them, sending them financial aid, doing anything we can to assist, than tion, go somewhere else. this a cleaner planet. I am one of those people that likes to the United States of America. I thank the gentleman very much for look at the good things that this Na- The United States of America has organizing this special order. tion does. Look what this Nation has nothing to apologize about. The United Mr. BLUMENAUER. I thank the gen- done for the world in the development States of America is committed to do tleman for joining me. of medicine, in the development of vac- things better. But I for one am tired of f cinations, in the fight against cancer. seeing foreign country after foreign We can go down a list of a thousand REMOVAL OF NAME OF MEMBER country after foreign country bash the different items. You pick the items. AS COSPONSOR OF H.R. 5319 United States of America. And we see And amongst the very top of doing it come to this floor. Some of our col- Mr. MCINNIS. Mr. Speaker, I ask positive things, of doing good things, is unanimous consent to have the gen- leagues, while well intended, seem to the United States of America. tleman from Florida (Mr. HASTINGS) re- get up here and become apologists for moved as a cosponsor of H.R. 5319. The the greatest country in the history of 2045 record should reflect that the gen- the world. This country, the United Many times, many times the United tleman from Washington (Mr. States of America, has fought for other States of America, when nobody else HASTINGS) was intended to be an origi- countries, has gone overseas more than would stand up, it is the United States nal cosponsor of H.R. 5319. any other country in the history of the of America that ends up standing up. It The SPEAKER pro tempore (Mr. world to fight not for American land is the United States of America that is ISAKSON). Is there objection to the re- but to fight for other people in this the first one out of the foxhole, and it quest of the gentleman from Colorado? world. has not come without cost.

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.068 H09PT1 H6118 CONGRESSIONAL RECORD — HOUSE September 9, 2002 Many years ago, remember when the dergartens today does not mean that alistic threat that could happen today, United States put weapons on Euro- they will not be at the door of your it could happen tomorrow, or it could pean soil to stop the Russian Com- kindergartens tomorrow. happen 5 years from now. munist machine from moving in? And Look at what this says. This is why Saddam Hussein, keep in mind, I saw not all the students, but a bunch of I want this 15 seconds: ‘‘We are emerg- Bill O’Reilly tonight on TV, and Bill student protests were organized, frank- ing stronger, and we will hit America. O’Reilly on TV was talking about a ly organized by professionals in Eu- We will hit America’s shopping malls, guy in jail in Texas that had allegedly rope; and the European leaders got their stadiums and kindergartens. This killed 80 women, the most horrible pretty fragile, and I understand it. is our promise. Al Qaeda.’’ criminal they have ever seen in their They were under a lot of pressure, get As I go on with my remarks this lives. Eighty women. It is a horrible American troops off European soil. evening, I want to build a case for some person. All of us gasp at how horrible a Americans go home. Americans, you of my constituents and for some of my person must be that commits these are not welcome. The doctrine of ap- colleagues who wonder whether or not kind of murders. That is a serial killer. peasement. Communism is not going to we should not just kind of look the We all feel that way. take us. Communism, Americans are other way when it comes to the situa- But, for some reason, when I talk to trying to over-exaggerate the situa- tion in Iraq. some about Saddam Hussein, when I tion. Keep in mind that Iraq and the al listen to some of my colleagues, they In fact it went to the state where de Qaeda are comrades in arms. These hold that individual with higher es- Gaulle calls Johnson, gets Johnson on people have one very strong common teem than they do serial killers within the phone. ‘‘Mr. President,’’ he says, ‘‘I bond: they want to see the destruction our own borders. And keep in mind want all American troops off European of every man, woman and child, and what Saddam Hussein did. He invaded soil.’’ And, as the story goes, President keep in mind, child, kindergartners, of Kuwait. What did he do in Kuwait? Johnson replies to Mr. de Gaulle, ‘‘Mr. America. And when they are done with They killed thousands of men, women de Gaulle, does that include all of the America, they will want to see the de- and children in Kuwait in their inva- American troops buried beneath your struction of every man, woman and sion. His armies went in without provo- soil?’’ child in Canada. And when they are cation, and the reason his armies went America is a great country, but, once done with Canada, they will want to in was to grab that oil in Kuwait. again, as we speak today, America will see it in France, and they will want to And, once again, the country that I be called to a great task, a task not see it in the United Kingdom. They will find more and more people apologizing only brought to light by the events of want to see it wherever they can get it. for, or bashing, the United States of 1 year ago on September 11, but a task These people are mad people, but America is the one that led to the free- that because of our strength, because they are smart and they are intel- dom and the liberation of Kuwait of our capability to lead, the United ligent. That is obvious by the strike against a murderous tyrant, Saddam States must answer the call; and it is they carried out against the United Hussein. not a small task, it is a great task, to States. Keep in mind that it was Saddam which we have been called. This is a cancer we are dealing with. Hussein for the first time, I think, and We have got to go out, and we have The people that speak like this, that I am not a historian, a professor of his- got to stop the proliferation amongst carry out these acts, they are the tory, but it was the first time I think terrorists, amongst mad people, of equivalent of a horrible, fast-moving that you had a coordinated assassina- these types of weapons that they are malignant cancer. tion effort by the president of a coun- currently right now underneath our I spoke recently back in my district, try against the United States Presi- noses and in many cases with the and I said it is kind of like you are dent. knowledge of the world developing. So walking around and you go to the doc- Saddam Hussein, the evidence is ab- this evening I really want to focus my tor, and the doctor says, ‘‘We just did solutely clear, it was clear to the Clin- comments on our situation with the al an x-ray, and inside your foot, you do ton administration and it is clear to Qaeda, and our situation with Iraq. not feel it, but inside your foot our x- any law enforcement investigative I do not know how many Members ray tells us that you have a malignant agency, attempted to assassinate saw the headline today, what the al cancer that is developing and spreading George Bush, Sr.; and it was only by a Qaeda said in the last few days, or at very quickly.’’ little luck that that assassination did least it has now come to our attention. You say to the doctor, ‘‘Doc, my foot not come off. Pay very careful attention. Please, if feels fine. I do not feel anything in my So we know that Saddam Hussein has you are doing something out there, col- foot. I really do not want to face can- killed thousands and thousands of men, leagues, put it down. All I want, if you cer.’’ women and children when he invaded do not listen to anything else I say this The doctor says, ‘‘Look, in trying to Kuwait without provocation. That, evening, if you do not listen or do not attack this cancer we may very well standing alone, that standing alone remember anything else I say this have to amputate your foot, which ought to put him at the bottom of your evening, give me 15 seconds. That is all means you will never run again. It is list as far as respect or any kind of jus- I am asking you for, 15 seconds. If this going to be a severe interruption in tification of why Saddam Hussein is does not shake you up, I do not know your life. It is going to interrupt your still alive. what will. Give me 15 seconds. financial status. It is going to have an This guy is a bad guy. He is a malig- This is the quote from the al Qaeda. impact psychologically on you. And nant cancer out there. But Kuwait, if For those of you colleagues out there, the chemotherapy that may be nec- Kuwait is not enough, then take a look here is your 15 seconds. Take 15 sec- essary may have to be very aggressive, at what he tried to do to the President, onds to look at this poster. and it too will interrupt your life- our own President of this country, Let me read it. I was stunned when I style.’’ George Bush, Sr. If that is not enough, saw this; not surprised, but stunned. But you say to the doctor, ‘‘Doctor, I keep in mind our young men and Let us go through it. This is the al do not have any pain in my foot. I did women that are in the military, that Qaeda, the leadership of the al Qaeda. not come in to see you about my foot. are stationed in Turkey. Every day, al- This is not directed at the U.K.; it is You show me this x-ray, but, I don’t most every day of the week in the no- not directed at France. It is directed at know, I am not feeling the pain. I am fly zones as designated by the United the United States of America, and, in not feeling the pain. I do not know Nations, as agreed upon by Iraq, every turn, when it is focused on the United whether I want you to do what you say day Iraq fires missiles at United States States of America, to our good friends you have to do with my foot.’’ or allied aircraft in an attempt to de- overseas. And we have many allies That is what we are dealing with stroy them. These aircraft are not fly- overseas, and we have good allies over- here. We have got people in this coun- ing out of their territory. They are fly- seas. try who say out of sight, out of mind. ing within the territory designated as a Do not be mistaken. Just because Do not be mistaken, Iraq is not an idle no-fly zone by Iraq in joint agreement they are at the door of America’s kin- threat sitting out there. It is a very re- with United Nations. And yet for some

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.070 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6119 reason people are reluctant to take out time, their goal will be to add another against Saddam because he might use Saddam Hussein. comma to the fatalities, to the ravage these weapons. That is exactly the Look at the people within his own that they wield upon the United States kind of leverage that Saddam Hussein country that he gassed. Look at the of America or upon our allies. wants to have with the rest of the Kurds. You can list example after ex- Now let me say that this problem of world, the doctrine of nonproliferation. ample after example of how horribly Saddam Hussein is not something that And keep in mind, it was the liberals, evil, how malignant Saddam Hussein is just came up under the Bush adminis- and I am not trying to assail a par- and why we have got to do something. tration. I am amazed, frankly. And this ticular affiliation, but there is a clear We do not have any choice here; at is a bipartisan effort that we have to line here as to our ideas and our poli- least we do not have any viable choice. make. But I am amazed at the position cies. It was the liberals that said, look, I guess we do have a choice. We can that the Democratic party has taken. I nonproliferation; let us hope this can- pretend that these weapons that they am amazed at some of the leading cer goes away. Let us pray it away. Let are developing, that they would have Democrats in the United States Con- us have peace throughout the world. never used them or will never use gress, the demands that they are mak- There are a lot of these countries out them. ing upon President Bush, the implica- there that, unfortunately, no matter Frankly, I do not think Saddam Hus- tions that they are making upon the how much we pray, and I pray, and sein, certainly if he had nuclear weap- President, that somehow he is some prayer is good, but no matter how ons today, and we know he has biologi- kind of wild Texas cowboy that wants much we pray, no matter how many cal weapons, and I am going to read to start a war. hands we offer, no matter what we do, you some information about that here I am going to go through what Presi- they are determined to wipe us off the in a few minutes, I really do not think dent Bill Clinton, their favorite Presi- face of the Earth. And it is not an idle that Saddam would use them against dent, the President most strongly sup- threat. It was not an idle threat a year the United States of America today. I ported by the liberal community, I am ago on September 11, and it will not be think he would use them against going to go through some quotes that an idle threat a year from now. We have to face up to the fact that Israel, but I do not think he would use President Clinton said several years there is a malignant cancer, no matter them against the United States. He is ago about Saddam Hussein. This is a very serious problem we are how much we pray, and it helps, and no no fool. He is a smart man. That is dealing with. I have never been more, I matter how much we hope, no matter what I said earlier. He is a smart man. guess, in deep thought or sober about a how well our neighbor talks to us and He knows that if he used them against situation than I am about the situation says, look, things are going to be all the United States of America and the that we face today on the international right, and they hold hands and we have United States was able to track down, circuit with the al Qaeda and with lots of hugs and lots of tears and lots of which we could probably do pretty Iraq. I am stunned. Obviously, I do not love; people come up and say, we are quickly, as to where those weapons disagree at all that the United States going to help you, and all of that; that came from, who used them against us, Congress, it is our obligation to be en- is all good, but the fact is that evil that we have the weapon capability to gaged in debate and to be engaged in devil of malignant cancer is still in us, destroy Iraq within minutes. So he is the public policy, and to be engaged in and that is the problem we have right no fool. He does not want to see the the declaration of any type of war that here. United States of America retaliate this country might engage in. This kind of thing, this kind of thing with a massive, overwhelming attack So the comments that I am making right here, ‘‘We are emerging stronger, that would destroy his country. are not whether or not we should have and we will hit America’s shopping So do not think that Saddam Hussein public debate in the United States Con- malls, stadiums, and kindergartens,’’ will probably use the weapons himself. gress. I think that is good. What I am that is a malignant cancer. We are not What he will do with these weapons is talking about this evening are how all going to pray or hope that thought he will give them out. He will give of a sudden some of the individuals who away. The only way we are going to be them to the people like the al Qaeda, stood right behind Bill Clinton and able to eliminate this threat is we have the people that swear that they are not urged President Clinton, and these are to take the fight to them. done with America, that they are going Democrats, urged President Clinton to Let us look at Bill Clinton’s com- after our kindergartens. Notice they do take immediate action to adopt a war ments, the former President. I will not say they are going after the mili- resolution against Iraq, have done a read them: ‘‘What if Saddam Hussein tary; notice they do not say they will complete reverse, saying, well, Presi- fails to comply and we fail to act, or we engage in open warfare. They are going dent Bush is going to have to answer a take some ambiguous third route to go to the shopping malls, to the sta- whole bunch of questions. We are not which gives him yet more opportuni- diums, and to the kindergartens. sure. Where is the justification for tak- ties to develop his programs of weapons The thing for me in Oklahoma City, ing on Iraq? Where 3 or 4 years ago of mass destruction, and continue to what appalled me, the whole thing was they were standing side by side, shoul- press for the release of sanctions, and horrible, a criminal act, but what was der to shoulder, demanding that Presi- continue to ignore the solemn commit- especially embedded in my memory of dent Clinton and supporting him: We ments that he made? Well, he will con- Oklahoma City was the fact that they have to go into Iraq. We have to do clude that the international commu- had that preschool in there and Tim- something about that. nity has lost its will. He will then con- othy McVeigh and his coconspirators, That is not stuff I am just making clude that he can go right on and do they did not care that there were small up. I have it right here. Let us go more to rebuild an arsenal of dev- children in the Federal building in through it a little. This is probably an astating destruction.’’ Oklahoma City. They killed those chil- appropriate time. Let us look at Presi- That was President Bill Clinton, Feb- dren without thought. dent Clinton here. ruary 18, 1998, 4 years ago; over 4 years President Clinton understood the ago; 41⁄2 years ago those were the pro- b 2100 threat then. Now, I think there has found and well-spoken words, and right But that number was in the tens and been a little spin put on it. I noticed on point, of President Clinton. Does tens. These numbers, if these people that the other day the President said, anybody in these Chambers believe continue to develop the weapons and or reported, and the President did not that the capability, the destructive ca- are given the weapons by people like say it to me, I did not hear it from his pability, of Saddam Hussein has re- Saddam Hussein, the next time they mouth, but the President said if we duced, has been reduced? Does anybody tally a hit against the kindergarten were to take on Iraq, Saddam Hussein, in here believe, really, truly in their like we see in Oklahoma City, we will that he, the President, that he does hearts, that this madman has aban- see numbers in the thousands and tens possess weapons, and the concern doned his weapons of mass destruction, of thousands. New York City was 3,000; would be that he would use those weap- which include chemical warfare and the Pentagon was a couple of hundred. ons. the attempt to get nuclear weapons? Those casualties are stunning casual- If we take that out logically, what We know in our hearts that he has ties, horrible, tragic; but the next we are saying is we should not go not. We wish it were not true. Again,

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.072 H09PT1 H6120 CONGRESSIONAL RECORD — HOUSE September 9, 2002 going to the example, we wish in our U.S. military readiness. The televised I think every President has an obli- heart we did not have the cancer, we speech followed a month-long buildup gation to their Nation, and I think wish it was not true, we wish we were of United States troops and equipment they are constitutionally required to having a bad dream, and tomorrow in the Persian Gulf, and it won ap- justify taking this country into a mili- morning we could wake up and it would plause from leading Democrats on Cap- tary action. After all, we are asking be a bad dream, but it is reality. We itol Hill. our sons and daughters to go in in de- have a commitment. We have a solemn But just 5 days later, Kofi Annan, fense of this country and to take an af- commitment to the American people with the United Nations, struck yet an- firmative action against another coun- that we are willing and able to stand other deal with the Iraqi dictator try where the probability of loss of life up to the great task which sits in front which once more gave the United Na- is very high. We ought to meet the of us, and that great task, of course, is tions inspectors permission to inspect, highest of standards. to secure the safety of not only this and Saddam won again. Of course, But it is my position today, and I Nation but our allies, as well. much has changed since President Clin- think it ought to be Members’ posi- I know we are getting a lot of bash- ton gave that speech. The situation has tions, that those standards have been ing by our allies, and we have a lot of gotten worse. met for some time; that right under- allies that say, look, do it on your own. ‘‘Ten months after Saddam accepted neath our nose we have a man who has This is a dirty job. This is going to re- Annan’s offer, he kicked U.N. inspec- cooperated with people like al Qaeda; a quire some dirty work. We have some tors out of Iraq for good. We com- man who invaded another country and fair-weathered friends out there, but plained and the United States bombed killed thousands and thousands of peo- nonetheless, they are friends. They do a little. Then we stopped bombing. ple; a leader, a man who poisoned and not want to get their hands dirty. They Later we stepped up our enforcement of gassed his own people; a man who, al- do not want to get out there in the bat- the no-fly zones. A year after the in- most on a daily basis, fires missiles tlefield. They want the United States spectors were banished, the United Na- against American and allied aircraft. to do it. tions created a new toothless inspec- We know what he is doing. We are If the United States does it alone and tion regime. The new inspectors in- meeting the standards that demand succeeds, we will be criticized for hav- spected nothing.’’ that America do something about this. If Saddam Hussein was a major ing done it on our own. But the reality I would hope that our allies come on threat in February of 1998 when Presi- of it is, somebody has got to do it. We board. I would hope we get assistance dent Bill Clinton prepared this country cannot continue to let this cancer fes- from our allies. We cannot turn a blind for war, and United Nations inspectors ter, because if we do, they are going to eye to a malignant cancer, and we can- were still inside Iraq, it stands to rea- be successful. Knock on wood, and with not turn a blind eye to Saddam Hus- son that in the absence of those inspec- the blessing of God, they have not hit tors monitoring this weapons buildup, sein. our kindergarten yet. But Members that Saddam is even a greater threat b 2115 know that is one of their targets. That today. You cannot do it. It will always come is what they have told us. The state- Now, keep in mind the history that ment is clear. back to get you, and it will be your we have seen with the Germans, for ex- kindergartens that will suffer in the fu- Let us go through some history here: ample, in World War I. The complaints ‘‘Administration rhetoric could hardly ture if we do not respond affirmatively that we see coming out of Iraq, oh, this today. be stronger.’’ This is an article, by the is the proprietary area of our borders, way, taken out of the Weekly Stand- Now does that mean we send in more for protection of our country; we inspectors? The only way you should ard, the newsletter. ‘‘The President should not be forced to have inspectors asked the Nation to consider this ques- send in more inspectors is on a time in the country; they are picking on basis and those inspectors have uncon- tion.’’ This is President Bill Clinton: poor old me; well, look at the argu- ‘‘What if Saddam Hussein fails to com- ditional entry into that country and ments against inspections, although they can go wherever they want in Iraq ply, and we fail to act,’’ as I said on the Germany agreed to it after World War and do whatever kind of tests are nec- chart that I showed you, and this guy I, as compared to what Saddam Hus- essary to run to ascertain that these is allowed to continue. sein. And by the way, he has agreed to weapons are, in fact, not in existence. I This article goes on: ‘‘The Presi- all of this. He signed a compact never doubt seriously that that will occur. dent,’’ again, referring to President to have these weapons in the history of Now, Iraq, by the way, may say, just Clinton, ‘‘His warnings are firm. If we his country. fail to respond today, Saddam and all But compare that back in history to stall, they may say, okay, we will those who would follow in his footsteps with after World War I, what the Ger- agree to it. But a week later you will will be emboldened tomorrow. The mans did, and what the European re- find that there is a flat tire on the bus, stakes,’’ again, Bill Clinton, 41⁄2 years sponse was to the Germans. It was a that they are not going to let them go ago on Iraq, ‘‘The stakes could not be doctrine of, well, we are picking on where they need to go. We cannot con- higher.’’ him. We really should not be inspecting tinue to fool around with this malig- This is a quote from Bill Clinton: this country. We really ought to re- nant cancer. We have got to sit up to ‘‘Some day, some way, I guarantee you spect their borders. We ought to take reality. We have got to face reality. We he will use the arsenal.’’ That is 41⁄2 them on their word, or make them have got to aggressively attack this years ago, and our President ably and promise. But U.S., you are exag- cancer. quite accurately recognized the threat. gerating. Now, I am not a military expert. I do I can tell the Members that several of What was happening? The Germans not know what the military strategy the leading Democrats, the Democrat were building up their gas munitions. should be. But I do know this, dip- leadership, got right behind the Presi- We all know what happened a few years lomatically we have not achieved the dent in regard to the statement. later when the Germans utilized these goal of concurring the cancer. It is like Yet those very leaders today are things. That is what is happening here, saying to a patient, I know you have questioning President Bush: He is over- and that is what this article says. prayed very hard about this. I know reacting, he is overstating, he had bet- The quotes that we have been giving, you have got a lot of family support in ter have the evidence to prove all of with the exception of this, this is not fighting this cancer. I know you have this. What a 360-degree or a 180-degree from 1998, this is very recent, but the got a lot of hugs. I know that you have turn in the last 41⁄2 years. quotes were from President Bill Clin- changed your diet. But the fact is the Let me continue on. Those are not ton. He recognized the threat in 1998, malignant cancer is still in your foot the words of President George W. Bush and so did the Democratic leadership. and it is aggressively moving up into in September of 2002, but of President Why is it that in 2002, the Democratic the rest of your body. You face a very Bill Clinton on February 18, 1998. Clin- leadership is pretending as if none of tough decision. It will inconvenience ton was speaking at the Pentagon after this has occurred? They are making de- your life. But in the long run, it is the the Joint Chiefs and other top national mands upon President Bush that they only decision for the preservation of security advisors had briefed him on never made upon President Clinton. your life that you can make, and that

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.075 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6121 is that you have got to accept the re- Mr. MCINNIS. Let me finish off this very, very helpful. And I think diplo- ality that it is there, it is moving and article with this quote from President matic efforts are very, very necessary. it will kill you. Clinton in 1998: ‘‘We have to defend our And I am not saying that we should not It is the same thing with Iraq. It is future from these predators of the 21st have congressional debate. I think it is there. They are developing and have in century.’’ constitutionally required. I think it is their possession weapons of mass de- This is President Clinton I am refer- healthy for this Congress, for the peo- struction and they will kill us. And if ring to. ple who have elected us to represent they do not attempt to kill us, they Let me repeat my comment. From their views to have that type of debate. will give it to people like the al Qaeda President Clinton: ‘‘We have to defend But what I am saying is we cannot that will carry this out. They do not our future from these predators of the dilly dally around. We cannot any care about our morality, values and 21st century.’’ To leave the quote for a longer afford to ignore the fact that our respect for our children and the minute, I absolutely agree 100 percent the malignant cancer is out there. We preservation of life. That is obvious by with what President Clinton was say- cannot afford to debate the accuracy of their acts of September 11. ing here. He was right then and George the x-ray very long. The x-ray tells us Let me continue with a few com- W. Bush is right today. there is cancer. It told us we had can- ments. Summing up the Clinton admin- Continuing: ‘‘We have to defend our cer 4 years ago when President Clinton istration argument, Senator DASCHLE future from these predators of the 21st very accurately said what he has, what said, ‘‘Look, we have exhausted vir- century,’’ he argued. ‘‘They will be all Saddam Hussein had, and what Saddam tually all our diplomatic efforts to get the more lethal if we allow them to Hussein, by the way, supplies to the al the Iraqis to comply with their own build arsenals of nuclear, chemical, Qaeda. We know it is there. And it does agreements and with international law. and biological weapons and the mis- not do us any good in my opinion to Given that, what other option is there siles to deliver them. We simply cannot continue to try to pretend it is not but to force them to do so? That is allow that to happen. There is no more happening, to try to pretend that there what they are saying. This is the key clear example of this threat than Sad- is some clean way to handle this, that question. And the answer is we do not dam Hussein.’’ And as the article says: we can call Saddam up on the phone have another option. We have to force ‘‘What more do you need to say?″ and say, Knock it off. What are you them to comply and we are doing so Now, we have taken some steps and doing? Put those weapons in the closet militarily.’’ we have taken some bipartisan steps, and quit doing this and live peacefully That is from the majority leader, the our missile defense system. The Presi- with the rest of the world. Democratic majority leader, the presi- dent has made commitment and we, as They have no intention of doing any- dent of Senate. All of the sudden that a Congress, have increased signifi- thing but destroying as much of the is not what we are hearing today. cantly the budgets, our military budg- rest of the world as they can. And at Let me continue. ‘‘JOHN KERRY was ets, our defense mechanisms, but here the top of their list are our kinder- equally hawkish. ’If there is not unfet- is our biggest weakness. We have a gartens. Every mother and father in tered, unrestricted, unlimited access America should be in a state of abso- per the United Nations’ resolution for very large Nation geographically. It is lute dismay and anger today after this inspections and UNSCOM cannot in our very tough to defend these borders. For quote was released yesterday about judgment appropriately perform its example, shipping containers that targeting kindergartens. These are kin- functions, then we obviously reserve come in. We cannot inspect even close the rights to press the case inter- to the number of shipping containers dergartens in America, kindergartens nationally and do what we need to do that come into this Nation every day. in the United States. Some of us knew in order to enforce those rights. Sad- It is kind of like having a village in the that, obviously, we think they will tar- dam Hussein has already used these mountains and from somewhere on the get some of these other areas; but for weapons and has made it clear that he mountain every day you got a sniper, them to come out and say, your kin- has the intent to continue to try by somebody shooting into your village. dergartens, that is what we will target virtue of his duplicity and secrecy to You cannot possibly put up a wall to in America, that ought to wake every- continue to do so. That is a threat to stop these bullets from coming in. body up. the stability of the Middle East. It is a Every day that goes by the sniper fires The time for a debate is rapidly ap- threat with respect to the potential of another shot into the village. proaching. We should have a resolution terrorist activities on a global basis. It At some point the village has to de- on this floor as quickly as we can get is a threat even to regions near but not cide we cannot defend our perimeter. a resolution on this floor. Our allies exactly in the Middle East.’″ We will have to take the fight to them. that belong to the United Nations These are comments made by leader- We will have to go up on that moun- ought to wake up, a lot of them are; ship of the Democratic Party in 1998; tain and find where that sniper is. but they need to come to the table too. and yet today when you read the paper, That is the situation we face here America does not want to do it alone. well, we should defer this decision until today. We cannot just retract on our America can do it alone, but America after the elections, as if Saddam Hus- borders within the United States, as wants to be a partner. And I will tell sein schedules his development of some of our allies may suggest, that you, our partnership, whether it is weapons of mass destruction, he sets the United States is poking their nose France, whether it is Hamburg, Ger- them so that they are convenient with into somebody else’s business. Well, it many, whether it is in Poland, all free- our election dates in this country. became everybody’s business after Sep- loving countries in the world are under It amazes me that with these kinds tember 11. And what President Clinton the threat of this cancer of Iraq and of threats in existence, with the knowl- accurately forecasted in 1998 came into the al Qaeda. And we, frankly, despite edge that we had in 1998 that we know place on September 11, 1 year ago. my criticism today or my expression of has not changed in 41⁄2 years, in fact, The time of being able to just sit dismay by some of the remarks we see has only increased, that we have hesi- comfortably here and hope that it was coming from our European allies, I do tancy, that we have hesitancy by some not happening out there or enjoying want to take a moment to tell you that of these very leaders that advocated the privilege of the fact that it had not as most of you know our European al- action in 1998, not to do action in 2002 happened within the borders of the lies have assisted us in many ways or to delay it and wait and wait and United States for a long time, assum- with this fight against terrorism. But wait. Maybe the doctrine of appease- ing that Pearl Harbor could go into for some reason, I am a little baffled by ment does not work. The fact is we that classification, and it does, those the fact that we cannot get them to have to deal with it. days are gone. We now have to engage come over to this side of the line to ANNOUNCEMENT BY THE SPEAKER PRO in this fight, and we have to engage in face the reality of the threat that Iraq TEMPORE. this in every way possible. has against the world. The SPEAKER pro tempore (Mr. I am not condemning diplomatic pur- It is the United States today. Sure, FERGUSON). The gentleman will refrain suit of some peaceful resolution. I am that is their number one target, the from casting reflections of sitting not condemning using prayers if you United States and Israel. But I can as- Members of the Senate. are trying to fight cancer. I think it is sure our allies it is like the big bad

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.077 H09PT1 H6122 CONGRESSIONAL RECORD — HOUSE September 9, 2002 wolf. It is at our door today, but it will have used that? They were probably haps more, in fact, the most serious be at your door tomorrow. And we have surprised that the World Trade towers topic that can ever confront this or to team up. This partnership has to collapsed. We know from the video that any legislative body, and that is, stay together. This partner, the United we have seen, they were elated by the whether or not we should commit the States of America, does not want to success of their attack, but this only young men and women of this Nation take Iraq on by itself or take on the set the base for the al Qaeda. This only who have valiantly volunteered their war against terrorism. And our part- sets a base for countries like Iraq. services to the defense of the Nation, ners have come to the table in large The next attack, they want to make whether we should commit them into part against the war on terrorism. But sure those casualties, children, women harm’s way in a far-off land in a war they are not coming to the table like and men, they want to make sure those that could certainly become cata- they ought to be on Iraq. And it is time casualties are many, many multiples of strophic in its dimensions. for this partnership meeting, for us to what September 11, the horror that We do not know, of course, how to cut to the chase, to get down to the September 11 brought to this Nation. plan for its outcome except to say that work that has to be done, and it is As I said at the beginning of my re- we do know that it will be fought, if, in dirty work and it is a large task in marks, I am trying to think of my his- fact, we engage in this thing, it will be front of us; but if we do not do it today, tory. I have been in Congress 10 years. fought by brave men and women who we will have let down, in my opinion I The horrible fires we suffered in Colo- have always, as the President said, do not think it is too strong a word to rado this year, all of the different made us proud. If we commit those pre- use the word betrayed, we will have be- things, big issues that I think over cious resources to the task at hand, the trayed future generations by know- these last few years we have dealt task that was laid out by the gen- ingly allowing a threat to be built of with, I cannot think of anything that tleman from Colorado (Mr. MCINNIS), nuclear weapons, chemical weapons, bi- is of a more of a threat, that has more then it appears to me we must do ev- ological weapons, to knowingly let serious future consequences than the erything humanly possible, everything that threat and those weapons be built international situation that we face humanly possible to protect and defend by a mad man with the kind of com- today. Not the economy, not the im- them in their duty and to protect and mitments they have made to target our peachment several years ago, not the defend the people of the United States kindergartens and we do not take the fires. We have got to go after that can- of America. That is, after all, our pri- fight to them. cer that has centered itself in Iraq and mary responsibility, our raison d’etre, It is inherently a responsibility of has spread to al Qaeda and throughout our reason for being. those of us in Congress to debate this. rest of the world. The Federal Government has as- I do not argue that, I said that earlier. Again, at the conclusion of my re- sumed many responsibilities over the But as inherently, as strong as the de- marks this evening, let me repeat what years since the Constitution was writ- bate is to get that debate completed President Bill Clinton said 41⁄2 years ten, and we have assumed those respon- and to move in a unified fashion as this ago. President Clinton, ‘‘We have to de- sibilities sometimes, I think, without Congress and as the United States Sen- fend our future from these predators of regard to what constitutional re- ate signaled it would with President the 21st century,’’ he argued. ‘‘They straints were so clearly identified by Clinton in 1998, and the threat has only will be all the more lethal if we allow the Founding Fathers. We are involved grown greater. them to build arsenals of nuclear, in innumerable activities, programs I think it is time for both of these chemical and biological weapons and and sponsorships that were never, ever Houses to come together in 2002 and the missiles to deliver them. We simply contemplated by the Framers of the move against the cancer that exists cannot allow that to happen. There is Constitution, but the one thing that we out there as a threat against the bor- no more clear example of this threat must carefully consider is the responsi- ders of this country, and as I have said, than Saddam Hussein.’’ bility that we were given to protect against the borders of our allies wher- I will wrap up my comments with 15 and defend the people and the property ever they might be located throughout more seconds. I would ask my col- of the United States of America. the worlds. leagues to take 15 seconds and read the I can be persuaded by the gentleman So I would hope that in the next, I poster, and once again, what more of a from Colorado’s (Mr. MCINNIS) argu- hope in the very immediate future, I threat, what more of a warning do we ments that our interests, our vital in- know that the President is going to the need, do we need as a Nation than ex- terests do, in fact, demand that we United Nations this week, I hope our ists out there today? If in 1998 what take a preemptive strike. I should say allies in the United Nations and the Saddam Hussein did in 1998 was not that we take preemptive action in Iraq. people of the United Nations under- enough, then was September 11 I can be persuaded that that is possibly stand what a threat this malignancy is enough? Then was the acts of aggres- the case. I must admit, however, that I out there, understand how unsuccessful sion against Kuwait enough? Was the need more information personally to we have been to convince through dip- assassination against Bush, Senior cast a vote about which I have abso- lomatic efforts, through inspections, enough? If that was not enough, if all lutely no misgivings if I am going to be through economic sanctions, through of that was not enough, this statement voting to send sons and daughters off no-fly zones, how unsuccessful these ef- standing alone, this statement stand- to war because I, I am sure like hope- forts have been to get Saddam Hussein ing alone ought to be enough to bring fully most of our colleagues in this to stop proceeding with these weapons, all of us to bear arms to assure the se- body, will consider this in the fol- what the ramifications are of these curity of this Nation and our friends lowing fashion. weapons. throughout the world. Do I believe personally that this f problem we face, that the threat that b 2130 we face in the United States is so great Do my colleagues think that the al DEFENDING OUR BORDERS that I am willing to send my son off to Qaeda, if they would have had nuclear The SPEAKER pro tempore (Mr. war, not just vote to send someone weapons within their hands, do my col- BOOZMAN). Under the Speaker’s an- else’s son or daughter, but am I willing leagues think they would have used nounced policy of January 3, 2001, the to do so myself? This is a very high aircraft on September 11? They would gentleman from Colorado (Mr. standard, and it is one that I believe have used nuclear weapons. TANCREDO) is recognized for 60 minutes. every single Member must establish for Do not forget, this country suffered Mr. TANCREDO. Mr. Speaker, I join themselves, and I can be persuaded an attack, a chemical attack, anthrax my colleague from Colorado tonight in that it is necessary to do so. within days of September 11. We got raising some concerns about the I must say that in this deliberation, hit with a chemical, with a biological present situation in which the United there is something that is being left attack against this country. Do my States finds itself in terms of its rela- out. When people, even the President of colleagues not think if the al Qaeda did tionships around the world, and as we the United States, says things like we not have that in their hands in suffi- all know, we are about to begin the de- will do everything necessary to defend cient quantities that they would not bate on one of the most serious, per- the interests of this country, I like

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.081 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6123 hearing it. I want to believe it. I want b 2145 stop them. We cannot stop them be- to believe that we will, in fact, do ev- I met with people who told me that cause we have no resources in place to erything necessary to protect country, they are afraid to go out on their do so. And even when we do stop them, and while that might very well be to street at night; that they cannot let even when they are interdicted farther send men and women to Iraq, or places their children out. I saw 5-year-olds inland, farther up into the United far flung all over the world, it is also who were stoned, who had been given States, and when the INS is called and completely logical, self-evident, that drugs. Their parents had been given told we have a lot of people here in a what we must do even before we do drugs in order to coerce them and/or van, in a truck, in a house, we have a that in order to protect and defend the entice them, is perhaps the better word lot of people here who are here ille- people of this country, what we must in this case, into becoming part of the gally, the INS tells the local law en- do is to defend our own borders, and drug trafficking network established forcement agents, let them go, we do this, I suggest, has not been done and is by these cartels. not have time. We do not have time. not being contemplated. I saw the devastation to this par- Twenty-five illegal aliens were Over my August district work period ticular Indian reservation. They are caught in a tractor-trailer truck in I went to the borders and went to the begging for help. As they say, their Dallas on July 27. The INS initially de- southern and northern borders of the way of life is being destroyed. The van- tained several, then released even these country. I first went to Arizona and dalism, the robbery, the rapes, the inci- and ‘‘paroled them’’ into the United then on to California where I observed dence of all these things has gone up States. They have an automatic parole firsthand the problems that we face on dramatically. Just one aspect, the process. The INS can do this. The INS those borders, and let me say, Mr. trash alone that is hauled in and dis- can say we will parole these people we Speaker, that the face of illegal immi- carded by 1,500 people a day coming have just caught, let them go, and then gration into this country, people com- into their reservation is enormous. we will send them a letter later on tell- ing across our borders without our per- Where, may I ask, is the Sierra Club ing them to report for their deporta- mission or without our knowledge, the when we need them? Where are the tion hearing. face of illegal immigration in my dis- Friends of the Earth? Where are all of Now, this would be laughable, of trict, in Littleton, Colorado, perhaps course, if it were not so dangerous. the Chair’s in Arkansas, but the face of the people who decry the devastation This is a Saturday Night Live skit. illegal immigration in my district is of our, of the natural habitats around ‘‘Here is your letter. We know you have one of a benign activity for the most the country and around the world? This snuck into the United States, so please part, people working menial jobs, for Nation’s natural habitat, their ecology report in 6 months to the following lo- the most part in restaurants and land- is being destroyed by illegal immi- scaping activities, and people we say to grants coming across that border. cation for your deportation hearing.’’ Hundreds of thousands of plastic ourselves, well, yes, they are here ille- Right. ‘‘Thank you. Of course, I will.’’ gally, but after all, they are just trying water bottles, clothing, trash of every They actually call these letters ‘‘run to make a living. kind and description, discarded every- letters.’’ What they mean by that is The face of illegal immigration on where along their path. People racing that when the people receive them, of the border, on our borders with Mexico through their communities, either try- course they run. They go away. They and on our borders with Canada, that ing to escape the border patrol agents do not go back to their country of ori- face is much, much uglier. That is the or simply trying to make their way gin, they run into American society. face of drug smuggling, of murder and north have endangered the lives of Now, if we are so concerned about the of people coming into this country for their children so that they do not allow possibility of a terrorist attack on the the purposes of doing us great harm. their kids to go outside and play. What United States, which is the only thing That is what we see when we actually I have just described, Mr. Speaker, is we have heard again and again and go to the border before it becomes dif- the face of illegal immigration on the again from the leadership, from Mem- fuse throughout the land. border. bers of Congress who support our ef- I visited the Tohono O’odham Indian One of the things that they told us forts, support the President in his de- reservation where they are under siege, when we were down there is that it is sire to depose Saddam Hussein, if we and I mean that in the most literal def- not just Mexican nationals coming are so concerned about that, and be- inition of the term. They are under across now, but a dramatic increase, lieve me, I am, then why would we not siege. The Tohono O’odham Indians they have witnessed, in what they refer take just as much, no, not just as have a 76-mile border coterminous with to as OTMs, or other than Mexicans. A much, why would we not take even Mexico. Across that 76-mile border dramatic increase in the number of more care and concern about our own come 1,500 illegal aliens a day, and Chinese coming through, a dramatic national borders? they are not just people coming for the increase in the number of Asians from On August 4 in Rogers County, Okla- good life. They are not just people com- countries all over that part of the homa, State troopers caught seven ing to work at some sort of menial world, a dramatic number of Middle aliens who admitted they were ille- task in the United States, a task that Easterners coming through. For what gally present in the country. The INS ‘‘no American will take’’ and send purpose, I would ask? again would not pick them up and re- their money back home, in this case to Does anyone think these people are move them. Mexico for the most part. coming across in order to get land- During the Memorial Day weekend in They are coming into the United scaping jobs? Are the Middle East- New York the INS reportedly ‘‘did not States, many, in fact, perhaps even a erners that are coming across that bor- want to be bothered,’’ so they refused majority, of the people coming across der illegally looking to work in res- to take custody of several Mid Eastern that border a day, 1,500 a day, it is esti- taurants as dishwashers, cooks and illegal aliens. Local police officers had mated that well over 1,000 are involved servers? In my own State, and in my caught them at the Brooklyn Battery with the drug trade and they are bring- own city, the biggest gang element is Tunnel during a terror alert. I remem- ing with them literally tons of illegal Asian. And they are quite predomi- ber this incident, Mr. Speaker. They drugs every single day. They have, in nantly illegals. But beyond that, what, actually had these people in custody. fact, put this Indian reservation into we may ask, I think, are the Middle These were Mid Eastern illegal aliens. the status of being a captive nation. Easterners coming in for? What are They called the INS. It was Memorial They have taken over two of the small they doing here? Why are they coming Day weekend, and so the called was communities in this reservation. When in illegally through Mexico? routed from New York, because no one I say taken over, what I mean by that, Now, I suggest that there is a great was at their workstation, it was routed I mean that they have threatened or possibility that they are coming in for to Vermont, where the person answer- coerced or bribed or addicted so many purposes that are heinous. I do not ing said to the police in New York people in these two communities that know that. I have not been able to City, ‘‘let them go.’’ they are essentially now nothing more interview them because, of course, they These are just a few of the literally than extensions of the drug trafficking come through without the slightest bit hundreds, if not thousands, of cases of several Mexican cartels. of intervention on our part. We do not like this that I could relate to the body

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.083 H09PT1 H6124 CONGRESSIONAL RECORD — HOUSE September 9, 2002 tonight. With all of the talk about the asked why we have not used all of our I do not for a moment suggest that need to increase our efforts of vigilance resources to defend our borders, includ- these are not good and salutary meas- and be careful about things we see and ing the military, Governor Ridge said ures to take; but I look in here, I look things we hear, with all of that, and there are political and cultural reasons in vain for the most important meas- with all of the efforts being made now why we cannot do so. ure we can take to create a smart bor- to extend the war against terrorism be- Well, there may be political and cul- der, and that is to put the military in yond Afghanistan and into other parts tural prices to pay. I do not even know place to defend that border. Right now of the Middle East, it is amazing to me, what he meant by cultural reasons. I we cannot do that. We cannot do it it is incredible to me, and it should be do know what he meant by political with the Border Patrol. They are inhib- to every single Member of this body, reasons. We are concerned that if we in ited from actually achieving the goals that we leave our own borders fact secure our borders and prevent of securing our borders by the fact the undefended. people from coming into the United administration, the INS, is incom- Does anyone believe for even a sec- States illegally, we will in some way or petent and completely unmotivated to ond that should we prosecute this war other jeopardize our relationship with act in this particular capacity. They in a more aggressive fashion than is the government of Mexico and that we are restricted by a myriad of laws we presently the situation that there will will simultaneously lose votes from have passed here, confusing, con- not be some reaction on the part of the Mexican Americans who somehow feel flicting laws, allowing for people to be people, specifically Saddam Hussein that this is a personal affront if we try retained in this country even after and al Qaeda and fundamentalist to defend our own borders. they have been found to be here ille- Islam? We are told that if we go into gally. We have refused to provide the b 2200 Iraq, we must be concerned about the resources necessary to actually secure ramifications throughout the Middle Mr. Speaker, I do not believe that for the borders for one reason and one rea- East; that perhaps other countries with a moment. I do not believe Mexican- son only: because it is politically and governments more friendly to the Americans are any less concerned culturally unacceptable. United States may fall as a result of about the safety of themselves and Well, I do not know who it is cul- having internal dissent because the their families than any other group of turally unacceptable to. I do not know phenomenon of fundamentalist Islam is Americans. I believe that a case can be who it is politically unacceptable to, so pervasive in these countries. We are made to them and to every single per- but those are not legitimate reasons told that that is what we must watch son in the United States as to why it is for abandoning our own defenses. And out for, what we must be careful of. imperative that we secure our own bor- no matter how much we do in the Mid- But we are not told, and there is no ders. I believe we can do that. I believe dle East, no matter how many re- precaution being made right now, for that we will benefit as a result in sources we put into accomplishing the our own security within this Nation. terms of the politics, but whether we goal of deposing Saddam Hussein, no We know there will be a reaction. What do or do not benefit politically, who matter what we do around the world to will that reaction be? Does anybody cares. Is it not our absolute and total increase the number of countries that think it will simply be confined to the responsibility to do so? would be categorized as democracies Middle East? There are cultural and political rea- rather than dictatorships, we will be at Now, everyone knows, certainly Sad- sons why we cannot defend our own every step of the way in that process dam Hussein knows, that he cannot borders. I wonder how if there is an- putting our own people in greater and win in a conventional war against the other event of some great magnitude, greater danger if we do not do every- United States. He can make it bloody. which we all anticipate, which we hear thing possible to secure our borders. He can make it ugly. But he cannot every single day is a distinct not just I, of course, cannot promise even if win. He knows that. The world knows possibility but probability, and if this we do everything I have asked for, even that. What makes us think for a mo- is perpetuated by someone who has en- if we completely reform the INS, even ment that we will be left unscathed in tered this country illegally, and/or peo- if we give Border Patrol agents greater the United States if we embark upon ple who have been recruited into a ter- authority and ability to actually do this path of action in the Middle East? rorist network by people who have their job, even if we put military on Certainly the possibility exists that al come here illegally, I wonder what we the border, I cannot promise that Qaeda agents, that fundamentalist will tell the spouses, the sons, the someone with malicious intent cannot Islam will react in a way so as to in- daughters of those people who are or will not get through; but at least I crease the number of people that they killed in that event. can say we did everything we can do, already have in the United States, the We will make many, many speeches which is living up to the President’s cells that are operating here, that we about how heroic their loved ones were, admonition to us, that we must do ev- are told by our Justice Department are how heroic the efforts were of the peo- erything that we can do. That includes operating, that are here in the United ple who tried to save them. Will we defending our own border. States and are ready to go into action also say, I wonder, that there were po- What an amazing world we live in. at a moment’s notice. litical and cultural reasons why we What an interesting and incredible di- We know there are cells operating in could not protect them? I do not know lemma we face. We are told every day Canada. We know there are cells oper- how anyone could look into the faces of that it is a war that we are in, a war ating in Mexico. Why is it not the most the people whose loved ones have been for our own survival, that America’s logical thing for us to say, well, we lost in an event of that nature and say way of life is at stake. What nation can have to be careful here. Before we even those words. But say them we would we think of in history that knowing go into Iraq, we must secure our bor- have to if we follow the path we are on that that is the situation they face, ders. The reason, I fear, Mr. Speaker, today. have not in fact done the most obvious that we do not do that is because, as The President has just submitted an thing to try to protect themselves? Governor Ridge said, right there in the action plan in which he calls for smart What this demands is leadership. It de- well of the House, to a question posed borders, and there is quite a lengthy mands that the President of the United to him from, I think, this microphone list of things the administration has States tell the people of the United about his reluctance and the reluc- proposed: biometric identifiers, perma- States what needs to be done, even if tance on the part of the administra- nent resident cards, single alternative there is a political price to pay. tion, and in fact most of the Congress, inspection systems, refugee and asylum Mr. Speaker, I suggest that it would I suppose. No, I should qualify that, be- processing reforms, handling of refugee not be a negative reaction politically. I cause the House has in fact passed an asylum claims, visa policy coordina- suggest that the people of this country amendment to the defense authoriza- tion, air preclearance, advanced pas- are yearning for and desiring him to es- tion bill allowing for the military to be senger information, joint passenger tablish the exact nature of the conflict used on the border, and we have done analysis, a lot of stuff about customs and also the exact way in which we are that year after year after year, but it and how to bring goods into the United going to defend against it. They are has failed in the other body. But when States; and I applaud them all. hoping that he will say to them that

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.086 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6125 we will in fact secure our borders, and b 2215 Mrs. MINK of Hawaii (at the request this may mean that we will not have We unfortunately create a facade, a of Mr. GEPHARDT) for today and the the opportunity to hire cheap labor or Potemkin Village. Prince Potemkin balance of the week on account of ill- recruit people into a political party as used to put up facades along the vil- ness. ´ new voters. But nonetheless, it has to lages in his area and when Catherine Ms. VELAZQUEZ (at the request of Mr. be done, along with all of the other the Great would sail down the river, GEPHARDT) for today, September 10 and things that have been outlined by the she would see these beautiful villages. 11 on account of personal reasons. President, with which I agree and for But behind these facades, of course, it Ms. WATERS (at the request of Mr. which I commend him. The border was abject poverty. That is where the GEPHARDT) for today and September 10 must be secured. phrase Potemkin Village comes from. on account of business in the district. I ask, no, I beg the President of the In a way that is what we have created Mr. UNDERWOOD (at the request of United States to use his power, to use or we have tried to create on the bor- Mr. GEPHARDT) for today and the bal- his executive authority to do just that: ders. We have increased the number of ance of the week on account of activi- protect our borders; order the military border patrol. We have established ties in the district. Mr. WELLER (at the request of Mr. to the border, allow us to use the ex- something called smart borders. We ARMEY) for today and until noon Sep- pertise and the technology and the have told Americans that we are doing tember 10 on account of medical rea- manpower we have available to us on what is necessary to defend our bor- sons. our first line of defense. ders, but it is nothing more than the I mentioned that I went recently to Mr. HASTINGS of Washington (at the creation of a Potemkin Village along the Mexican border, but I also shortly request of Mr. ARMEY) for today and the borders. They are just facades. thereafter went to the Canadian bor- the balance of the week on account of They are not true defense mechanisms. der, a little town called Bonner’s illness in the family. Because what we are trying to do is to Ferry, Idaho, where I witnessed a very Mr. JEFF MILLER of Florida (at the pretend to the American people that interesting activity. At the time I got request of Mr. ARMEY) for today and we are taking our responsibility of bor- there, there were 100 Marines stationed September 10 on account of congres- der defense seriously while at the same there just to see whether or not they sional business. time assuring that people can come could in fact coordinate their activities Mr. WAMP (at the request of Mr. through illegally in order to, quote, and help the Border Patrol and the ARMEY) for today on account of family take the jobs that no one else will take U.S. Forest Service and the customs reasons. and in order to increase the ranks of agency control the northern border be- Mrs. ROUKEMA (at the request of Mr. political parties in the United States cause I assure Members, although I ARMEY) for today and the balance of that benefit as a result of massive im- have spent a great deal of time talking the week on account of illness. migration, one particular political about the southern borders, I assure party, of course, the Democratic party, f Members that the problems are just as and the fear that if we actually got SPECIAL ORDERS GRANTED large on the northern borders. There are over 20,000 Muslims living tough on the borders, there would be a By unanimous consent, permission to in Calgary, Canada, which brings into political reaction. And there would be address the House, following the legis- the United States component parts of certainly outcries by immigration ad- lative program and any special orders methamphetamines. They are sold and vocacy groups, especially immigration heretofore entered, was granted to: the proceeds go back to the Muslim lawyers. They would raise Cain. (The following Members (at the re- groups in Canada, and the money is But is our responsibility here to pan- quest of Mr. PALLONE) to revise and ex- used to finance terrorist activities der to those political extremists? Or is tend their remarks and include extra- throughout the world. our responsibility to protect and de- neous material:) Osama bin Laden, because of Can- fend the people and the property of the Ms. NORTON, for 5 minutes, today. ada’s peculiar process of establishing United States of America? Again what Mr. FILNER, for 5 minutes, today. who is or is not a refugee, Osama bin a strange world we live in, whereby we Mr. DEFAZIO, for 5 minutes, today. Laden could land in Ontario, claim he can be talking about going off to war, Mr. PALLONE, for 5 minutes, today. is Omar the tent maker, not show any recognizing all of the danger that that Mr. DAVIS of Illinois, for 5 minutes, identification, and walk immediately entails for the people we are sending today. into Canadian society, and, of course, but also for the people who are here, Mr. SNYDER, for 5 minutes, today. shortly thereafter walk unfettered the people who remain, and not do any- Mr. CUMMINGS, for 5 minutes, today. probably into the United States. thing to protect us. What an amazing Mrs. CLAYTON, for 5 minutes, today. The problems up there are signifi- situation. (The following Members (at the re- cant. So there are 100 Marines, and I do Mr. Speaker, I hope and pray that quest of Mr. PENCE) to revise and ex- not know the genesis of the stationing our words, our admonitions, our con- tend their remarks and include extra- of these people on that border. I do not cerns will be heeded by our other col- neous material:) know if it was part of a larger strategy leagues and by the administration. The Mr. PENCE, for 5 minutes, today. Mrs. NORTHUP, for 5 minutes, today. or not, but they were using three stakes are so high, the risks are so Mr. JONES of North Carolina, for 5 UAVs, unmanned aerial vehicles, more great that we cannot possibly avoid minutes, September 12. often commonly referred to as drones, doing what is right even at our own po- Mr. PAUL, for 5 minutes, September and a couple of radar stations that litical peril should that be the case 10. were to help identify people coming which, as I say, I do not believe for a The following Member (at his own re- across that border illegally. It worked. moment would happen, but even if it quest) to revise and extend his remarks The Marines told me that it was the did, that is what is required of us here, and include extraneous material: best training they had ever received be- to do the right thing, even if it is po- litically or culturally problematic. Mr. WELDON of Pennsylvania, for 5 cause it was real time, real bad guys, minutes, today. and very difficult terrain. f We need the resources of the mili- f tary. We do not have to put people arm LEAVE OF ABSENCE SENATE BILL REFERRED in arm along 4,000 or 5,000 miles of bor- By unanimous consent, leave of ab- A bill of the Senate of the following der. We have the technology to aid in sence was granted to: title was taken from the Speaker’s this. I saw it with my own eyes. It can Mr. MASCARA (at the request of Mr. table and, under the rule, referred as work. We can make our borders very GEPHARDT) for today on account of per- follows: secure, not perfect but much more dif- sonal reasons. S. 351. An act to amend the Solid Waste ficult to cross illegally than is pres- Ms. MILLENDER-MCDONALD (at the re- Disposal Act to reduce the quantity of mer- ently the case. We can do it. The only quest of Mr. GEPHARDT) for today on cury in the environment by limiting the use thing we do not have is the will to do account of official business in the dis- of mercury fever thermometers and improv- it. trict. ing the collection and proper management of

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K09SE7.087 H09PT1 H6126 CONGRESSIONAL RECORD — HOUSE September 9, 2002 mercury, and for other purposes; to the Com- grams, Department of Agriculture, transmit- Housing and Urban Development, transmit- mittee on Energy and Commerce. ting the Department’s final rule — Milk in ting the Department’s final rule — Uniform f the Mideast Marketing Area; Interim Order Financial Reporting Standards for HUD Amending the Order [Docket No. AO-361-A35; Housing Programs, Additional Entity Filing ENROLLED BILL SIGNED DA-01-04] received August 14, 2002, pursuant Requirements [Docket No. FR-4681-F-03] Mr. Trandahl, Clerk of the House, re- to 5 U.S.C. 801(a)(1)(A); to the Committee on (RIN: 2501-AC80) received August 28,2002, pur- ported and found truly an enrolled bill Agriculture. suant to 5 U.S.C. 801(a)(1)(A); to the Com- of the House of the following title, 8921. A letter from the Administrator, Ag- mittee on Financial Services. ricultural Marketing Service, Fruit and Veg- 8933. A letter from the Deputy Secretary, which was thereupon signed by the etable Programs, Department of Agriculture, Speaker: Securities and Exchange Commission, trans- transmitting the Department’s final rule — mitting the Commission’s final rule — Own- H.R. 5012. An act to amend the John F. Oranges, Grapefruit, Tangerines, and Tan- ership Reports and Trading by Officers, Di- Kennedy Center Act to authorize the Sec- gelos Grown in Florida; Removing Dancy and rectors and Principal Security Holders [Re- retary of Transportation to carry out a Robinson Tangerine Varieties from the Rules lease Nos. 34-46421; 35-27563; IC-25720; File No. project for construction of a plaza adjacent and Regulations [Docket No. FV02-905-3 IFR] S7-31-02] (RIN: 3235-AI62) received August 29, to the John F. Kennedy Center for the Per- received August 14, 2002, pursuant to 5 U.S.C. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the forming Arts, and for other purposes. 801(a)(1)(A); to the Committee on Agri- Committee on Financial Services. f culture. 8922. A letter from the Administrator, De- 8934. A letter from the Assistant Secretary, BILL PRESENTED TO THE partment of Agriculture, transmitting the Department of Education, transmitting a no- PRESIDENT Department’s final rule — Kiwifruit Grown tice of extension of project period and waiv- in California; Relaxation of Pack and Con- er: tribally controlled postsecondary voca- Jeff Trandahl, Clerk of the House re- tainer Requirements [Docket No. FV02-920-3 tional and technical institutions program, ports that on September 9, 2002 he pre- IFR] received August 29, 2002, pursuant to 5 pursuant to 20 U.S.C. 1232(f); to the Com- sented to the President of the United U.S.C. 801(a)(1)(A); to the Committee on Ag- mittee on Education and the Workforce. States, for his approval, the following riculture. 8935. A letter from the Assistant Secretary, bill. 8923. A letter from the Architect of the Department of Education, transmitting H.R. 5012. To amend the John F. Kennedy Capitol, transmitting the report of expendi- Final Priority — State Improvement Grant Center Act to authorize the Secretary of tures of appropriations during the period Oc- Program, pursuant to 20 U.S.C. 1232(f); to the Transportation to carry out a project for tober 1, 2001 through March 31, 2002, pursuant Committee on Education and the Workforce. construction of a plaza adjacent to the John to 40 U.S.C. 162b; to the Committee on Ap- 8936. A letter from the Acting Assistant F. Kennedy Center for the Performing Arts, propriations. General Counsel for Regulatory Services, De- and for other purposes. 8924. A letter from the Deputy Secretary, partment of Education, transmitting the De- Department of Defense, transmitting the f partment’s final rule — Indian Education semiannual report of the Inspector General Discretionary Grant Programs (RIN: 1810- ADJOURNMENT and classified annex for the period ending AA93) received August 21, 2002, pursuant to 5 Mr. TANCREDO. Mr. Speaker, I move March 31, 2002, pursuant to 5 U.S.C. app. U.S.C. 801(a)(1)(A); to the Committee on Edu- that the House do now adjourn. (Insp. Gen. Act) section 5(b); to the Com- cation and the Workforce. mittee on Armed Services. 8937. A letter from the Acting Assistant The motion was agreed to; accord- 8925. A letter from the Deputy Secretary, General Counsel for Regulations, Office of ingly (at 10 o’clock and 18 minutes Department of Defense, transmitting a letter Special Education and Rehabilitative Serv- on the approved retirement of Lieutenant p.m.), under its previous order, the ices, Department of Education, transmitting General John A. Van Alstyne, United States House adjourned until tomorrow, Tues- the Department’s final rule — Office of Spe- Army, and his advancement to the grade of day, September 10, 2002, at 9 a.m., for cial Education and Rehabilitative Services, lieutenant general on the retired list; to the morning hour debates. Office of Special Education Programs; Final Committee on Armed Services. f 8926. A letter from the Deputy Secretary, Priority Under the State Improvement EXECUTIVE COMMUNICATIONS, Department of Defense, transmitting a letter Grant Program; Notice Inviting Applications for New Awards for Fiscal Year 2002 [CFDA ETC. on the approved retirement of Lieutenant General Gary S. McKissock, United States No. 84.323] received August 4, 2002, pursuant Under clause 8 of rule XII, executive Marine Corps, and his advancement to the to 5 U.S.C. 801(a)(1)(A); to the Committee on communications were taken from the grade of lieutenant general on the retired Education and the Workforce. Speaker’s table and referred as follows: list; to the Committee on Armed Services. 8938. A letter from the Director, Regula- tions Policy and Management Staff, Depart- 8916. A letter from the Secretary, Depart- 8927. A letter from the Deputy Secretary, ment of Health and Human Services, trans- ment of Agriculture, transmitting the De- Department of Defense, transmitting a letter mitting the Department’s final rule — Use of partment’s report entitled, ‘‘Assessment of on the approved retirement of Lieutenant Ozone-Depleting Substances; Essential-Use the Cattle and Hog Industries’’ for Calendar General Raymond P. Ayres, Jr., United Determinations [Docket No. 97N-0023] (RIN: Year 2001, pursuant to Public Law 106—472, States Marine Corps, and his advancement to 0910-AA99) received August 21, 2002, pursuant section 312(e); to the Committee on Agri- the grade of lieutenant general on the re- to 5 U.S.C. 801(a)(1)(A); to the Committee on culture. tired list; to the Committee on Armed Serv- Energy and Commerce. 8917. A letter from the Administrator, Ag- ices. 8928. A letter from the Secretary, Depart- ricultural Marketing Service, Fruit and Veg- 8939. A letter from the Senior Legal Advi- ment of Defense, transmitting a letter on the etable Programs, Department of Agriculture, sor, Media Bureau, Federal Communications approved retirement of General Michael J. transmitting the Department’s final rule — Commission, transmitting the Commission’s Williams, United States Marine Corps, and Raisins Produced From Grapes Grown in final rule — Amendment of Section 73.202(b), his advancement to the grade of general on California; Decrease in Desirable Carryout Table of Allotments, FM Broadcast Stations the retired list; to the Committee on Armed Used to Compute Trade Demand [Docket No. (La Pryor, Texas) [MM Docket No. 01-262; Services. FV02-989-6 IFR] received August 14, 2002, pur- RM-1-231] received August 27, 2002, pursuant 8929. A letter from the Deputy Secretary, to 5 U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Defense, transmitting a letter mittee on Agriculture. Energy and Commerce. on the approved retirement Vice Admiral 8940. A letter from the Senior Legal Advi- 8918. A letter from the Administrator, Ag- Dennis V. McGinn, United States Navy, and ricultural Marketing Service, Fruit and Veg- sor to the Chief, Media Bureau, Federal Com- his advancement to the grade of vice admiral munications Commission, transmitting the etable Programs, Department of Agriculture, on the retired list; to the Committee on transmitting the Department’s final rule — Commission’s final rule — Amendment of Armed Services. Section 73.202(b), Table of Allotments, FM Papayas Grown in Hawaii; Suspension of 8930. A letter from the Deputy Secretary, Broadcast Stations (Harrodsburg and Keene, Regulations [Docket No. FV02-928-3 FR] re- Department of Defense, transmitting letter Kentucky), [MM Docket No. 02-24; RM-10360] ceived August 14, 2002, pursuant to 5 U.S.C. on the approved retirement Vice Admiral received August 27, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- Nobert R. Ryan, Jr., United States Navy, and 801(a)(1)(A); to the Committee on Energy and culture. his advancement to the grade of vice admiral Commerce. 8919. A letter from the Administrator, Ag- on the retired list; to the Committee on ricultural Marketing Service, Dairy Pro- Armed Services. 8941. A letter from the Senior Legal Advi- grams, Department of Agriculture, transmit- 8931. A letter from the Assistant General sor, Media Bureau, Federal Communications ting the Department’s final rule — Grading Counsel for Regulations, Office of Housing, Commission, transmitting the Commission’s and Inspection, General Specifications for Department of Housing and Urban Develop- final rule — Amendment of Section 73.202(b), Approved Plants and Standards for Grades of ment, transmitting the Department’s final Table of Allotments, FM Broadcast Stations Dairy Products; General Specifications for rule — Manufactured Home Construction and (Asherton, Texas) [MM Docket No. 01-246; Dairy Plants Approved for USDA Inspection Safety Standards: Smoke Alarms; Amend- RM-10230] received August 27, 2002, pursuant and Grading Service [DA-99-04] (RIN: 0581- ments [Docket No. FR-4552-C-03] (RIN: 2502- to 5 U.S.C. 801(a)(1)(A); to the Committee on AB59) received August 14, 2002, pursuant to 5 AH48) received August 13, 2002, pursuant to 5 Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Ag- U.S.C. 801(a)(1)(A); to the Committee on Fi- 8942. A letter from the Senior Legal Advi- riculture. nancial Services. sor to the Chief, Media Bureau, Federal Com- 8920. A letter from the Administrator, Ag- 8932. A letter from the Assistant General munications Commission, transmitting the ricultural Marketing Service, Dairy Pro- Counsel for Regulations, Department of Commission’s final rule — Amendment of

VerDate Sep 04 2002 04:53 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A09SE7.027 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6127 Section 73.202(b), Table of Allotments, FM ting the Commission’s final rule — Amend- transmitting the redesignation as ‘‘foreign Broadcast Stations (Cuthbert and Buena ment of Section 73.202(b), Table of Allot- terrorist organizations’’ pursuant to Section Vista, Georgia) [MM Docket No. 02-48; RM- ments, FM Broadcast Stations (Grandin, 219 of the Immigration and Nationality Act, 10386] received August 27, 2002, pursuant to 5 Missouri) [MM Docket No. 01-259; RM-10269] as added by the Antiterrorism and Effective U.S.C. 801(a)(1)(A); to the Committee on En- received August 27, 2002, pursuant to 5 U.S.C. Death Penalty Act of 1996, and amended by ergy and Commerce. 801(a)(1)(A); to the Committee on Energy and the Illegal Immigration Reform and Immi- 8943. A letter from the Senior Legal Advi- Commerce. grant Responsibility Act of 1996; to the Com- sor to the Chief, Media Bureau, Federal Com- 8952. A letter from the Senior Legal Advi- mittee on International Relations. munications Commission, transmitting the sor to the Bureau Chief, Media Bureau, Fed- 8962. A letter from the Auditor, District of Commission’s final rule — Amendment of eral Communications Commission, transmit- Columbia, transmitting a report entitled, Section 73.202(b), Table of Allotments, FM ting the Commission’s final rule — Amend- ‘‘D.C. Public Schools’ Medicaid Revenue Re- Broadcast Stations (Firth, Nebraska) [MM ment of Section 73.202(b), Table of Allot- covery Operations Require Substantial Im- Docket No. 01-234; RM-10262] received August ments, FM Broadcast Stations (Bearden, Ar- provements’’; to the Committee on Govern- 27, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to kansas) [MM Docket No. 01-258; RM-10268] re- ment Reform. the Committee on Energy and Commerce. ceived August 27, 2002, pursuant to 5 U.S.C. 8963. A letter from the Administrator, 8944. A letter from the Senior Legal Advi- 801(a)(1)(A); to the Committee on Energy and Agency For International Development, sor to the Bureau Chief, Media Bureau, Fed- Commerce. transmitting the Agency’s FY 2003 Annual eral Communications Commission, transmit- 8953. A letter from the Senior Legal Advi- Performance Plan; to the Committee on Gov- ting the Commission’s final rule — Amend- sor to the Bureau Chief, Media Bureau, Fed- ernment Reform. ment of Section 73.202(b), Table of Allot- eral Communications Commission, transmit- 8964. A letter from the Agency For Inter- ments, FM Broadcast Stations (Freer, Texas) ting the Commission’s final rule — Amend- national Development, transmitting report [MM Docket No. 01-243; RM-10263] received ment of Section 73.202(b), Table of Allot- pursuant to the Federal Vacancies Reform August 27, 2002, pursuant to 5 U.S.C. ments, FM Broadcast Stations (Ballinger, Act of 1998; to the Committee on Govern- 801(a)(1)(A); to the Committee on Energy and Texas) [MM Docket No. 01-292; RM-10302] re- ment Reform. Commerce. ceived August 27, 2002, pursuant to 5 U.S.C. 8965. A letter from the Director, Program 8945. A letter from the Senior Legal Advi- 801(a)(1)(A); to the Committee on Energy and Services Division, Office of Agency Pro- sor to the Chief, Media Bureau, Federal Com- Commerce. grams, Office of Government Ethics, trans- munications Commission, transmitting the 8954. A letter from the Senior Legal Advi- mitting the Office’s final rule — Technical Commission’s final rule — Amendment of sor to the Bureau Chief, Media Bureau, Fed- Amendments to Regulations Governing Fil- Section 73.202(b), Table of Alltoments, FM eral Communications Commission, transmit- ing Extensions and Late Filing Fee Waivers Broadcast Stations (Burney, California) [MM ting the Commission’s final rule — Amend- (RIN: 3209-AA00) received August 6, 2002, pur- Docket No. 01-311; RM-10318] received August ment of Section 73.202(b), Table of Allot- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 27, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ments, FM Broadcast Stations (Benadives, mittee on Government Reform. the Committee on Energy and Commerce. Texas) [MM Docket No. 01-256; RM-10266] re- 8966. A letter from the General Counsel, Of- 8946. A letter from the Senior Legal Advi- ceived August 27, 2002, pursuant to 5 U.S.C. fice of Management and Budget, transmit- sor, Media Bureau, Federal Communications 801(a)(1)(A); to the Committee on Energy and ting a report pursuant to the Federal Vacan- Commission, transmitting the Commission’s Commerce. cies Reform Act of 1998; to the Committee on 8955. A letter from the Senior Legal Advi- final rule — Amendment of Section 73.202(b), Government Reform. sor to the Bureau Chief, Media Bureau, Fed- Table of Allotments, FM Broadcast Stations 8967. A letter from the Special Counsel, Of- eral Communications Commission, transmit- (Buffalo Gap, Texas) [MM Docket No. 01-221; fice of Special Counsel, transmitting the An- ting the Commission’s final rule — Amend- RM-10171] received August 27, 2002, pursuant nual Report of the Office of Special Counsel ment of Section 73.202(b), Table of Allot- to 5 U.S.C. 801(a)(1)(A); to the Committee on (OSC) for Fiscal Year (FY) 2001, pursuant to ments, FM Broadcast Stations (Pawhuska, Energy and Commerce. 5 U.S.C. 1211; to the Committee on Govern- Oklahoma) [MM Docket No. 01-260; RM-10270] 8947. A letter from the Senior Legal Advi- ment Reform. received August 27, 2002, pursuant to 5 U.S.C. sor to the Bureau Chief, Media Bureau, Fed- 8968. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Energy and eral Communications Commission, transmit- Secretary for Fish and Wildlife and Parks, Commerce. Department of the Interior, transmitting the ting the Commission’s final rule — Amend- 8956. A letter from the Senior Legal Advi- Department’s final rule — Migratory Bird ment of Section 73.622(b), Table of Allot- sor to the Bureau Chief, Media Bureau, Fed- Hunting; Final Frameworks for Early-Sea- ments, Digital Television Broadcast Stations eral Communications Commission, transmit- (San Mateo, California) [MB Docket No. 02- ting the Commission’s final rule — Amend- son Migratory Bird Hunting Regulations 84; RM-10339] received August 27, 2002, pursu- ment of Section 73.202(b), Table of Allot- (RIN: 1018-AI30) received August 21, 2002, pur- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ments, FM Broadcast Stations (Eldorado, suant to 5 U.S.C. 801(a)(1)(A); to the Com- on Energy and Commerce. Texas) [MM Docket No. 01-294; RM-10304] re- mittee on Resources. 8969. A letter from the Assistant Secretary 8948. A letter from the Senior Legal Advi- ceived August 27, 2002, pursuant to 5 U.S.C. sor, Media Bureau, Federal Communications 801(a)(1)(A); to the Committee on Energy and for Fish and Wildlife and Parks, Department Commission, transmitting the Commission’s Commerce. of the Interior, transmitting the Depart- final rule — Amendment of Section 73.202(b), 8957. A letter from the Assistant Secretary ment’s final rule — Migratory Bird Hunting; Table of Allotments, FM Broadcast Stations for Legislative Affairs, Department of State, Migratory Bird Hunting Regulations on Cer- (Cheboyan, Rogers City, Bear Lake, Bellaire, transmitting certification of a proposed li- tain Federal Indian Reservations and Ceded Rapid River, Manistique, Ludington, cense for the export of defense articles or de- Lands for the 2002-03 Early Season (RIN: 1018- Walhalla and Onaway, Michigan) [MM Dock- fense services sold commercially under a AI30) received August 27, 2002, pursuant to 5 et No. 00-69; RM-9850; RM-9945; RM-9946] re- contract to India [Transmittal No. DTC 95- U.S.C. 801(a)(1)(A); to the Committee on Re- ceived August 27, 2002, pursuant to 5 U.S.C. 02], pursuant to 22 U.S.C. 2776(c); to the Com- sources. 801(a)(1)(A); to the Committee on Energy and mittee on International Relations. 8970. A letter from the Assistant Secretary Commerce. 8958. A letter from the Director, Defense for Fish and Wildlife and Parks, Department 8949. A letter from the Senior Legal Advi- Security Cooperation Agency, transmitting of the Interior, transmitting the Depart- sor to the Bureau Chief, Media Bureau, Fed- the annual report on Military Assistance, ment’s final rule — Migratory Bird Hunting; eral Communications Commission, transmit- Military Exports, and Military Imports for Early Seasons and Bag and Possession Lim- ting the Commission’s final rule — Amend- Fiscal Year 2001; to the Committee on Inter- its for Certain Migratory Game Birds in the ment of Section 73.202(b), Table of Allot- national Relations. Contiguous United States, Alaska, Hawaii, ments, FM Broadcast Stations (George West, 8959. A letter from the Assistant Secretary Puerto Rico, and the Virgin Islands (RIN: Texas) [MM Docket No. 01-147; RM-10162] re- for Export Administration, Bureau of Indus- 1018-AI30) received August 27, 2002, pursuant ceived August 27, 2002, pursuant to 5 U.S.C. try and Analysis, Department of Commerce, to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and transmitting the Department’s final rule — Resources. Commerce. Revision to the Export Administration Regu- 8971. A letter from the Acting Assistant 8950. A letter from the Senior Legal Advi- lations: Denied Persons List [Docket No. Secretary for Water and Science, Depart- sor to the Bureau Chief, Media Bureau, Fed- 020628162-2162-01] (RIN: 0694-AC58) received ment of the Interior, transmitting the De- eral Communications Commission, transmit- August 23, 2002, pursuant to 5 U.S.C. partment’s final rule — Public Conduct on ting the Commission’s final rule — Amend- 801(a)(1)(A); to the Committee on Inter- Bureau of Reclamation Lands and Projects ment of Section 73.202(b), Table of Allot- national Relations. (RIN: 1006-AA44) received August 12, 2002, ments, FM Broadcast Stations (Weinert, 8960. A letter from the Assistant Secretary, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Texas) [MM Docket No. 01-205; RM-10212] re- International Security Policy, Department mittee on Resources. ceived August 27, 2002, pursuant to 5 U.S.C. of Defense, transmitting the Department’s 8972. A letter from the Acting Assistant 801(a)(1)(A); to the Committee on Energy and FY 2002 Cooperative Threat Reduction An- Secretary for Water and Science, Depart- Commerce. nual Report; to the Committee on Inter- ment of the Interior, transmitting the De- 8951. A letter from the Senior Legal Advi- national Relations. partment’s final rule — Law Enforcement sor to the Bureau Chief, Media Bureau, Fed- 8961. A letter from the Assistant Secretary Authority at Bureau of Reclamation eral Communications Commission, transmit- for Legislative Affairs, Department of State, Projects (RIN: 1006-AA42) received August 12,

VerDate Sep 04 2002 02:50 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09PT1 H6128 CONGRESSIONAL RECORD — HOUSE September 9, 2002 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- for printing and reference to the proper Committee on Resources. tation and Infrastructure. calendar, as follows: 8973. A letter from the Acting Division 8982. A letter from the Chief, Regulations Chief, Marine Mammal Division, Office of and Administrative Law, USCG, Department Mr. SENSENBRENNER: Committee on the Protected Resources, National Oceanic and of Transportation, transmitting the Depart- Judiciary. H.R. 1701. A bill to amend the Atmospheric Administration, transmitting ment’s final rule — Security Zone: Lake Consumer Credit Protection Act to assure the Administration’s final rule — Dolphin- Erie, Perry, Ohio [CGD09-02-506] (RIN: 2115- meaningful disclosures of the terms of rent- Safe Tuna Labeling; Official Mark [Docket AA97) received August 27, 2002, pursuant to 5 al-purchase agreements, including disclo- No. 991210333-0089-02; I.D. 111099C] (RIN: 0648- U.S.C. 801(a)(1)(A); to the Committee on sures of all costs to consumers under such AN37) received August 23, 2002, pursuant to 5 Transportation and Infrastructure. agreements, to provide certain substantive U.S.C. 801(a)(1)(A); to the Committee on Re- 8983. A letter from the Executive Vice rights to consumers under such agreements, sources. President, Communications and Government and for other purposes; with an amendment 8974. A letter from the Assistant Adminis- Relations, Tennessee Valley Authority, (Rept. 107–590 Pt. 2). Referred to the Com- trator, Office of Oceanic and Atmospheric transmitting a copy of the Authority’s sta- mittee of the Whole House on the State of Research, National Oceanic and Atmospheric tistical summary for Fiscal Year 2001, pursu- the Union. Administration, transmitting the Adminis- ant to 16 U.S.C. 831h(a); to the Committee on Mr. YOUNG of Alaska: Committee on tration’s final rule — National Marine Fish- Transportation and Infrastructure. Transportation and Infrastructure. House eries Service — Sea Grant Joint Graduate 8984. A letter from the Acting Director, Of- Concurrent Resolution 442. Resolution recog- Fellowship Program in Population Dynamics fice of Regulatory Law, Insurance Center, nizing the American Road and Transpor- and Marine Resource Economics: Request for Department of Veterans Affairs, transmit- tation Builders Association for reaching its Application for FY 2003 [Docket No. ting the Department’s final rule — Acceler- 100th Anniversary and for the many vital 990810211-2169-03] (RIN: 0648-ZA69) received ated Benefits Option for Servicemembers’ contributions of its members in the trans- August 23, 2002, pursuant to 5 U.S.C. Group Life Insurance and Veterans’ Group portation construction industry to the 801(a)(1)(A); to the Committee on Resources. Life Insurance (RIN: 2900-AJ80) received Au- American economy and quality of life 8975. A letter from the Director, Regula- gust 13, 2002, pursuant to 5 U.S.C. through the multi-modal transportation in- tions and Forms Services Division, Depart- 801(a)(1)(A); to the Committee on Veterans’ frastructure network its members have de- ment of Justice, transmitting the Depart- Affairs. signed, built, and managed over the past cen- ment’s final rule — Registration and Moni- 8985. A letter from the Chief, Regulations tury (Rept. 107–646). Referred to the House toring of certain Nonimmigrants [INS No. Branch, Customs Service, Department of the Calendar. 2216-02; AG Order No. 2608-2002] (RIN: 1115- Treasury, transmitting the Department’s Mr. HANSEN: Committee on Resources. AG70) received August 27, 2002, pursuant to 5 final rule — Re-use of Air Waybill Number H.R. 3813. A bill to modify requirements re- U.S.C. 801(a)(1)(A); to the Committee on the on Air Cargo Manifest [T.D. 02-51] (RIN: 1515- lating to allocation of interest that accrues Judiciary. AD01) received August 28, 2002, pursuant to 5 to the Abandoned Mine Reclamation Fund 8976. A letter from the Assistant Secretary U.S.C. 801(a)(1)(A); to the Committee on (Rept. 107–647). Referred to the Committee of of Labor, Employment and Training Admin- Ways and Means. the Whole House on the State of the Union. 8986. A letter from the Chief, Regulations istration, Department of Labor, transmit- Mr. HANSEN: Committee on Resources. Service, Customs Service, Department of the ting the Department’s final rule — Disaster H.R. 5039. A bill to direct the Secretary of Treasury, transmitting the Department’s Unemployment Assistance Program; Interim the Interior to convey title to certain irriga- final rule — Licenses for Certain Worsted Final Rule; Request for Comments (RIN: tion project property in the Humboldt Wool Fabrics Subject to Tariff-Rate Quota 1205-AB31) received August 23, 2002, pursuant Project, Nevada, to the Pershing County [T.D. 02-50] (RIN: 1515-AC83) received August to 5 U.S.C. 801(a)(1)(A); to the Committee on Water Conservation District, Pershing Coun- 28, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. ty, Lander County, and the State of Nevada; 8977. A letter from the Chief, Regulations the Committee on Ways and Means. 8987. A letter from the Chief, Regulations with an amendment (Rept. 107–648). Referred and Administrative Law, USCG, Department to the Committee of the Whole House on the of Tranportation, transmitting the Depart- Unit, Internal Revenue Service, transmitting the Service’s final rule — Coordinated Issue State of the Union. ment’s final rule — Security Zone; Lake Mr. TAUZIN: Committee on Energy and Erie, Perry, Ohio [CGD09-02-006] (RIN: 2115- Savings and Loan Industry Supervisory Goodwill — received August 16, 2002, pursu- Commerce. H.R. 3880. A bill to provide a tem- AA97) received August 27, 2002, pursuant to 5 porary waiver from certain transportation U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. conformity requirements and metropolitan Transportation and Infrastructure. transportation planning requirements under 8978. A letter from the Program Analyst, 8988. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting the Clean Air Act and under other laws for FAA, Department of Transportation, trans- certain areas in New York where the plan- mitting the Department’s final rule — Air- the Service’s final rule — Changes in ac- counting periods and methods of accounting ning offices and resources have been de- worthiness Directives; Honeywell, Inc. Part stroyed by acts of terrorism, and for other Number HG1075AB05 and HG1075GB05 Iner- (Rev. Proc. 2002-54) received August 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- purposes; with an amendment (Rept. 107–649 tial Reference Units [Docket No. 2001-CE-28- Pt. 1). AD; Amendment 39-12795; AD 2002-13-07] (RIN: mittee on Ways and Means. 8989. A letter from the Congressional Rela- 2120-AA64) received July 26, 2002, pursuant to DISCHARGE OF COMMITTEE tions Officer, United States International 5 U.S.C. 801(a)(1)(A); to the Committee on Pursuant to clause 2 of rule XII the Trade Commission, transmitting the Com- Transportation and Infrastructure. mission’s annual report entitled, ‘‘Shifts in Committee on Transportation and In- 8979. A letter from the Chief, Regulations U.S. Merchandise Trade 2001’’; to the Com- frastructure discharged from further and Administrative Law, USCG, Department mittee on Ways and Means. consideration. H.R. 3880 referred to the of Transportation, transmitting the Depart- 8990. A letter from the Secretary, Depart- ment’s final rule — Security Zone; Seabrook Committee of the Whole House on the ment of Energy, transmitting the Annual Nuclear Power Plant, Seabrook, New Hamp- State of the Union and ordered to be Report on Contractor Work Force Restruc- shire [CGD01-01-207] (RIN: 2115-AA97) August printed. turing for Fiscal Year 2001, pursuant to 42 21, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 7274h; jointly to the Committees on the Committee on Transportation and Infra- Armed Services and Energy and Commerce. f structure. 8991. A letter from the Secretary, Depart- 8980. A letter from the Chief, Regulations ment of State, transmitting a report assess- and Administrative Law, USCG, Department TIME LIMITATION OF REFERRED ing the voting practices of the governments BILL of Transportation, transmitting the Depart- of UN members states in the General Assem- ment’s final rule — Regulated Navigation bly and Security Council for 2001, and evalu- Pursuant to clause 2 of rule XXII the Area and Safety and Security Zones; New ating the actions and responsiveness of those York Marine Inspection Zone and Captain of following action was taken by the governments to United States policy on Speaker: the Port Zone [CGD01-01-181] (RIN: 2115-AE84 issues of special importance to the United [The following action occurred on September 6, and 2115-AA97) received August 27, 2002, pur- States, pursuant to Public Law 101—167, sec- 2002] suant to 5 U.S.C. 801(a)(1)(A); to the Com- tion 527(a) (103 Stat. 1222); Public Law 101— mittee on Transportation and Infrastruc- 246, section 406(a) (104 Stat. 66); jointly to the H.R. 3929. Referral to the Committees on ture. Committees on International Relations and Transportation and Infrastructure and En- 8981. A letter from the Chief, Regulations Appropriations. ergy and Commerce extended for a period and Administrative Law, USCG, Department ending not later than October 4, 2002. of Transportation, transmitting the Depart- f [Submitted September 9, 2002] ment’s final rule — Special Local Regula- REPORTS OF COMMITTEES ON tions for Marine Events; Atlantic Ocean, PUBLIC BILLS AND RESOLUTIONS H.R. 3880. Referral to the Committee on Point Pleasant Beach to Bay Head, New Jer- Transportation and Infrastructure extended sey [CGD05-02-052] (RIN: 2115-AE46) received Under clause 2 of rule XIII, reports of for a period ending not later than September August 27, 2002, pursuant to 5 U.S.C. committees were delivered to the Clerk 9, 2002.

VerDate Sep 04 2002 04:29 Sep 10, 2002 Jkt 099061 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09PT1 September 9, 2002 CONGRESSIONAL RECORD — HOUSE H6129 PUBLIC BILLS AND RESOLUTIONS retained by the United States in 1955 when ADDITIONAL SPONSORS Under clause 2 of rule XII, public the land was conveyed to the State of Mis- souri; to the Committee on Government Re- Under clause 7 of rule XII, sponsors bills and resolutions were introduced form. were added to public bills and resolu- and severally referred, as follows: By Mr. KENNEDY of Rhode Island: tions as follows: By Mr. STARK (for himself, Mr. BACA, H.R. 5350. A bill to provide greater access H.R. 116: Mr. FROST. Mr. BECERRA, Mr. BONIOR, Mr. BROWN to affordable pharmaceuticals, and for other H.R. 250: Mr. BOOZMAN. of Ohio, Mrs. CLAYTON, Mr. COYNE, purposes; to the Committee on Energy and H.R. 267: Mr. LATOURETTE. Mr. CUMMINGS, Mr. DAVIS of Illinois, Commerce, and in addition to the Committee H.R. 348: Ms. VELAZQUEZ, Mr. BACA, Mr. Mr. DOGGETT, Mr. FARR of California, on Ways and Means, for a period to be subse- CUMMINGS, Ms. JACKSON-LEE of Texas, Ms. Mr. FILNER, Mr. HONDA, Mr. JEFFER- quently determined by the Speaker, in each ROYBAL-ALLARD, and Mr. CONYERS. SON, Ms. EDDIE BERNICE JOHNSON of case for consideration of such provisions as H.R. 368: Mr. SOUDER. Texas, Ms. KAPTUR, Ms. KILPATRICK, fall within the jurisdiction of the committee H.R. 633: Mrs. CAPPS. Mr. KUCINICH, Ms. LEE, Mr. MATSUI, concerned. H.R. 664: Mr. ACEVEDO-VILA. Mr. MCDERMOTT, Ms. MILLENDER- By Mr. HAYWORTH: H.R. 778: Mr. LARSON of Connecticut. MCDONALD, Ms. MCKINNEY, Mr. H.R. 5351. A bill to amend the Internal Rev- H.R. 854: Ms. ROS-LEHTINEN, Mr. CROWLEY, MENENDEZ, Mr. GEORGE MILLER of enue Code of 1986 to encourage saving and in- Ms. MCCOLLUM, and Mr. PHELPS. California, Ms. NORTON, Mr. OWENS, vestment, and for other purposes; to the H.R. 902: Mr. REYES and Mrs. CAPITO. Mr. PAYNE, Mr. RODRIGUEZ, Ms. Committee on Ways and Means. H.R. 1076: Mr. LYNCH. SCHAKOWSKY, Mr. SCOTT, Mr. By Mr. KENNEDY of Rhode Island (for H.R. 1097: Mr. FATTAH. SERRANO, Ms. SOLIS, Mrs. TAUSCHER, himself, Mr. CUMMINGS, Mr. MARKEY, H.R. 1182: Mr. TOM DAVIS of Virginia. Mr. TIERNEY, Mr. TOWNS, Ms. WA- Mr. PAYNE, Mr. MCDERMOTT, Mr. H.R. 1265: Mrs. MORELLA, Mr. UDALL of Col- TERS, Mr. WATT of North Carolina, OWENS, and Mr. LIPINSKI): orado, and Mr. BENTSEN. Mr. WAXMAN, Ms. WOOLSEY, Mr. H.R. 5352. A bill to amend the Individuals H.R. 1307: Mr. HYDE and Mr. PHELPS. WYNN, Ms. BROWN of Florida, Ms. with Disabilities Education Act to develop H.R. 1309: Mr. HINCHEY. WATSON, Ms. DELAURO, Ms. BALDWIN, and implement strategies to reduce the num- H.R. 1368: Mr. CANTOR, Mr. SOUDER, and Mr. Mr. MARKEY, and Mr. UNDERWOOD): ber of children who have, or who are at risk SCHAFFER. H.R. 5344. A bill to amend part A of title IV of developing, emotional disturbances that H.R. 1452: Ms. PELOSI. of the Social Security Act to include efforts require the provision of special education H.R. 1556: Ms. BERKLEY. to address barriers to employment as a work and related services under that Act; to the H.R. 1581: Mr. ROGERS of Kentucky and Mr. activity under the temporary assistance to Committee on Education and the Workforce. ADERHOLT. needy families program, and for other pur- By Mrs. MORELLA (for herself, Mr. H.R. 1582: Mr. FATTAH. poses; to the Committee on Ways and Means. WOLF, Mr. NORWOOD, Mr. FORD, and H.R. 1602: Mr. PICKERING and Mr. OSBORNE. By Mr. HUNTER: Mr. RODRIGUEZ): H.R. 1642: Ms. MCCOLLUM. H.R. 5345. A bill to establish a moratorium H.R. 5353. A bill to amend title 10, United H.R. 1774: Mr. RYAN of Wisconsin. on approval by the Secretary of the Interior States Code, to require that additional spe- H.R. 1786: Mr. PLATTS. of relinquishment of a lease of certain tribal cial pay received by medical, dental, or vet- H.R. 1887: Mr. ENGLISH. lands in California; to the Committee on Re- erinary officers of the uniformed services be H.R. 1911: Mrs. THURMAN and Mr. LARSEN of sources. treated as part of basic pay for retirement Washington. By Mr. FATTAH (for himself, Ms. purposes; to the Committee on Armed Serv- H.R. 1931: Mr. FARR of California and Mr. JACKSON-LEE of Texas, Mr. SANDERS, ices. GARY G. MILLER of California. Ms. BROWN of Florida, Ms. KIL- By Mr. PALLONE: H.R. 1939: Mr. HOSTETTLER. PATRICK, Mr. GEORGE MILLER of Cali- H.R. 5354. A bill to accord honorary citi- H.R. 1990: Mr. HINCHEY and Mr. ALLEN. fornia, Mr. CONYERS, Ms. MCKINNEY, zenship to the alien victims of the Sep- H.R. 2098: Mr. KIRK. Mr. OWENS, Mrs. CHRISTENSEN, Mr. tember 11, 2001, terrorist attacks against the H.R. 2148: Mr. MCNULTY and Mr. BAIRD. MEEKS of New York, Mr. PAYNE, Mr. United States and to provide for the grant- H.R. 2155: Mr. FORBES. BORSKI, Ms. MILLENDER-MCDONALD, ing of permanent resident status to the alien H.R. 2161: Mr. GORDON. Ms. DELAURO, Mrs. CLAYTON, Mr. spouses and children of certain victims of H.R. 2349: Mr. SHOWS and Mr. CARSON of HALL of Ohio, Mr. RUSH, Mr. such attacks; to the Committee on the Judi- Oklahoma. CUMMINGS, Mr. ANDREWS, Ms. LEE, ciary. H.R. 2483: Mr. STUPAK. Mr. BRADY of Pennsylvania, Mr. MUR- By Mrs. WILSON of New Mexico: H.R. 2576: Mr. POMEROY. THA, Mr. JACKSON of Illinois, Mr. H.R. 5355. A bill to amend title 38, United H.R. 2592: Mr. HONDA. DAVIS of Illinois, Mr. HOEFFEL, Ms. States Code, to permit remarried surviving H.R. 2612: Ms. MCCOLLUM. PELOSI, Mr. FROST, Ms. WOOLSEY, Mr. spouses of veterans to be eligible for burial H.R. 2688: Mr. HONDA. FILNER, Mr. GEPHARDT, Mr. LARSON in a national cemetery; to the Committee on H.R. 2702: Mr. FRANK. of Connecticut, Mr. BALDACCI, Mr. Veterans’ Affairs. H.R. 2878: Mr. PETERSON of Minnesota. PASCRELL, Mr. WYNN, Ms. EDDIE BER- By Ms. EDDIE BERNICE JOHNSON of H.R. 2908: Mr. CLAY. NICE JOHNSON of Texas, Mr. BACA, Mr. Texas (for herself, Mr. CUMMINGS, Ms. H.R. 3131: Ms. BERKLEY. DOYLE, Mr. FORD, Mr. RANGEL, and WATSON, Mrs. MEEK of Florida, Ms. H.R. 3289: Ms. SCHAKOWSKY. Ms. NORTON): MCKINNEY, Mr. RUSH, Mrs. H.R. 3397: Mr. TIERNEY and Mr. SHAYS. H.R. 5346. A bill to provide for adequate CHRISTENSEN, Ms. LEE, Mr. DAVIS of H.R. 3414: Mr. DEFAZIO, Mr. MALONEY of and equitable educational opportunities for Illinois, Ms. MILLENDER-MCDONALD, Connecticut, Mrs. MORELLA, Mr. LARSEN of students in State public school systems, and Mr. CLYBURN, Ms. JACKSON-LEE of Washington, Mr. HOLDEN, and Mr. FROST. for other purposes; to the Committee on Texas, Mr. TOWNS, Mr. WATT of North H.R. 3686: Mr. LEWIS of Kentucky. Education and the Workforce. Carolina, Mr. MEEKS of New York, H.R. 3741: Mr. DEFAZIO. By Mr. BAIRD: Mr. JACKSON of Illinois, Mr. HASTINGS H.R. 3781: Mr. GALLEGLY and Mr. UDALL of H.R. 5347. A bill to amend the Small Busi- of Florida, Mr. SCOTT, Ms. KIL- New Mexico. ness Act to allow certain small business con- PATRICK, Mr. JEFFERSON, Ms. NORTON, H.R. 3794: Mr. WELDON of Pennsylvania. cerns that have employee stock ownership Mrs. CLAYTON, Mr. OWENS, Mr. LEWIS H.R. 3802: Mr. HORN. plans to qualify as HUBZone small business of Georgia, Mrs. JONES of Ohio, Mr. H.R. 3831: Mr. SCHAFFER. concerns; to the Committee on Small Busi- WYNN, Mr. FATTAH, Mr. CONYERS, Mr. H.R. 3834: Mr. SOUDER and Mr. TOWNS. ness. HILLIARD, Ms. BROWN of Florida, Mr. H.R. 4018: Mr. DEUTSCH, Mr. DAVIS of Flor- By Ms. BALDWIN (for herself, Mr. THOMPSON of Mississippi, Mr. CLAY, ida, and Mr. PETERSON of Minnesota. DELAHUNT, Mr. SHOWS, Mr. BARRETT, Mr. PAYNE, Ms. WATERS, Mr. BISHOP, H.R. 4039: Mr. DELAHUNT. Mr. TIERNEY, Mr. ALLEN, Mr. FROST, Ms. CARSON of Indiana, Mr. FORD, and H.R. 4043: Mr. BACHUS, Mr. BROWN of South Mr. CONYERS, Mr. SANDERS, Mr. Mr. RANGEL): Carolina, and Mr. ISAKSON. HOLDEN, Mr. PHELPS, and Mr. HILL- H. Res. 518. A resolution recognizing Na- H.R. 4159: Mr. COLLINS. IARD): tional Historically Black Colleges and Uni- H.R. 4170: Mr. KELLER. H.R. 5348. A bill to amend title 11 of the versities Week and the importance and ac- H.R. 4483: Mr. GREEN of Texas, Mr. BASS, United States Code to protect family farmers complishments of historically Black colleges and Mr. LARSEN of Washington. and family fishermen; to the Committee on and universities; to the Committee on Edu- H.R. 4579: Mr. FORD. the Judiciary. cation and the Workforce. H.R. 4680: Mr. MCGOVERN and Mr. SPRATT. By Mr. BLUNT: By Mr. CONYERS: H.R. 4720: Mrs. MORELLA, Mr. MCINTYRE, H.R. 5349. A bill to facilitate the use of a H. Res. 519. A resolution providing for con- Mr. MCNULTY, and Mr. BOOZMAN. portion of the former O’Reilly General Hos- sideration of the bill (H.R. 1343) to provide H.R. 4728: Ms. RIVERS. pital in Springfield, Missouri, by the local Federal assistance to States and local juris- H.R. 4738: Mr. WILSON of South Carolina. Boys and Girls Club through the release of dictions to prosecute hate crimes, and for H.R. 4742: Mr. FARR of California. the reversionary interest and other interests other purposes; to the Committee on Rules. H.R. 4754: Ms. MCCARTHY of Missouri.

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H.R. 4756: Mr. TIAHRT. Mr. BALDACCI, Mr. LARSEN of Washington, H.J. Res. 89: Mr. PITTS. H.R. 4757: Mr. EHRLICH and Mr. PRICE of Mr. MCGOVERN, Mr. SCHROCK, and Mr. H.J. Res. 108: Mr. KERNS, Mr. BALLENGER, North Carolina. HOSTETTLER. Mr. BARTON of Texas, Mr. SHUSTER, and Mr. H.R. 4785: Ms. ESHOO. H.R. 5197: Mr. BURR of North Carolina, Mr. GOODE. H.R. 4786: Mr. CASTLE. BALDACCI, Mr. BEREUTER, Mr. WILSON of H.J. Res. 109: Mr. OLVER, Mr. KLECZKA, Mr. H.R. 4793: Mr. ROSS, Mr. FOSSELLA, Mr. South Carolina, Mr. GRAHAM, Mr. JONES of LEACH, Mr. SERRANO, Mr. SANDERS, Mr. SHIMKUS, Ms. DELAURO, Mr. FROST, and Mr. North Carolina, Mr. BARTLETT of Maryland, MCDERMOTT, Mr. BECERRA, Mr. BALDACCI, TURNER. Mrs. MYRICK, Mr. RILEY, Mr. NORWOOD, Mr. and Mr. FRANK. H.R. 4795: Mr. KENNEDY of Minnesota. WOLF, Mr. MCINTYRE, Mr. BROWN of South H. Con. Res. 20: Ms. BERKLEY. H.R. 4799: Mr. MORAN of Virginia, Mr. Carolina, and Mr. CLYBURN. H. Con. Res. 162: Mr. BROWN of Ohio. KLECZKA, and Mr. BACA. H.R. 5202: Mr. JENKINS. H. Con. Res. 197: Mr. ALLEN. H.R. 4803: Mr. GUTIERREZ. H.R. 5226: Ms. RIVERS, Mr. MCDERMOTT, Mr. H. Con. Res. 222: Mr. SHOWS. H.R. 4840: Mr. CUNNINGHAM. KOLBE, Mr. DOYLE, and Mrs. MORELLA. H. Con. Res. 367: Mr. TANCREDO. H.R. 4852: Mr. DIAZ-BALART. H.R. 5227: Mr. TIAHRT. H. Con. Res. 401: Mr. MCINNIS and Mr. E AURO H.R. 4918: Mr. MATSUI. H.R. 5230: Ms. D L . BACA. H.R. 5241: Mr. GUTIERREZ, Ms. MCKINNEY, H.R. 4963: Mr. OBERSTAR and Mr. PHELPS. H. Con. Res. 438: Mr. KILDEE. Ms. DELAURO, Mr. LEWIS of Georgia, Mr. H.R. 5013: Mr. CANTOR and Mr. H. Con. Res. 447: Ms. ROS-LEHTINEN, Mr. CLYBURN, Ms. MILLENDER-MCDONALD, and NETHERCUTT. BURTON of Indiana, Mr. ANDREWS, Mr. Mr. PAYNE. H.R. 5029: Mr. GREEN of Wisconsin and Mr. TANCREDO, Mrs. MCCARTHY of New York, Mr. H.R. 5250: Ms. BROWN of Florida, Mrs. MATSUI. ROHRABACHER, Mr. MEEKS of New York, Mr. THURMAN, Mr. PETERSON of Minnesota, Mr. H.R. 5037: Mr. BARRETT, and Mr. FROST. FRANK, Mr. TOWNS, Mr. GREEN of Texas, Mr. SANDLIN, AND Mr. FROST. H.R. 5047: Mr. DEAL of Georgia. NADLER, Mr. HOLT, and Mr. SOUDER. H.R. 5255: Mrs. MORELLA. H.R. 5064: Mr. KINGSTON, Mr. SHOWS, and H. Con. Res. 462: Mr. KIND, Mr. OBEY, Mr. H.R. 5268: Mr. SCHIFF, Mr. FRANK, Mrs. Mr. WELDON of Florida. KUCINICH, Mr. BONIOR, Mr. LUCAS of Ken- TAUSCHER, Ms. RIVERS, Mr. GUTIERREZ, and H.R. 5078: Mr. THOMPSON of California, Mr. tucky, Mr. MORAN of Kansas, Mr. HINCHEY, Ms. LOFGREN. INSLEE, and Mr. PRICE of North Carolina. H.R. 5289: Mr. BORSKI and Mr. DOYLE. Mr. GUTKNECHT, Mr. SMITH of Michigan, Mr. H.R. 5079: Ms. RIVERS. H.R. 5300: Mr. SANDERS. KENNEDY of Minnesota, Mrs. CLAYTON, and H.R. 5119: Mr. FARR of California. H.R. 5304: Ms. MILLENDER-MCDONALD. Mr. HILLIARD. H.R. 5124: Ms. MCKINNEY, Mr. SHERMAN, H.R. 5307: Mr. TERRY. H. Res. 295: Ms. ESHOO. Mr. CROWLEY, Ms. DELAURO, Mr. BENTSEN, H.R. 5316: Mr. FLAKE and Mr. SKELTON. H. Res. 313: Mrs. NAPOLITANO and Mr. PRICE Mr. MCDERMOTT, Ms. LEE, Mr. GEORGE MIL- H.R. 5317: Mr. SHAW, Mr. GANSKE, Mr. of North Carolina. LER of California, Mr. SANDERS, Mr. KIND, PAYNE, Mr. FORBES, Mr. TERRY, Mr. KIRK, H. Res. 398: Mr. MCDERMOTT, Ms. LEE, Mrs. Mr. BACA, Mr. HASTINGS of Florida, and Mr. Mr. GREEN of Wisconsin, Mr. TIAHRT, and Mr. CAPITO, Mr. BISHOP, Mr. HASTINGS of Florida, PAYNE. HOEFFEL. and Mr. TERRY. H.R. 5125: Mr. HEFLEY and Mr. SNYDER. H.R. 5319: Mr. HASTINGS of Washington, Mr. H. Res. 499: Mr. HINCHEY and Mr. SOUDER. H.R. 5153: Mr. PALLONE, Mr. FERGUSON, and REHBERG, and Mr. THUNE. Mr. MCGOVERN. H.R. 5326: Mr. GRUCCI, Ms. DELAURO, Mr. f H.R. 5159: Mr. SOUDER. WU, Mrs. JOHNSON of Connecticut, Mr. TAN- H.R. 5185: Mr. TANCREDO, Mr. PETERSON of NER, Mr. SCHIFF, Mr. MCNULTY, Mr. GREEN of Pennsylvania, Mr. STUMP, and Mr. CARSON of Texas, Ms. BERKLEY, Mr. FARR of California, DELETIONS OF SPONSORS FROM Oklahoma. Mr. SCOTT, Mrs. BONO, Mr. BOOZMAN, Mr. VIS- PUBLIC BILLS AND RESOLUTIONS H.R. 5193: Mr. STEARNS. CLOSKY, Mr. BARRETT, Mr. BORSKI, Ms. WOOL- Under clause 7 of rule XII, sponsors H.R. 5196: Mr. MCINTYRE, Mr. UNDERWOOD, SEY, and Ms. WATERS. Mr. SMITH of New Jersey, Mr. SHOWS, Ms. H.R. 5330: Mr. KING, Mr. NADLER, Mr. CROW- were deleted from public bills and reso- ROS-LEHTINEN, Mr. ANDREWS, Mr. SCOTT, Mr. LEY, Mrs. MCCARTHY of New York, Mr. lutions as follows: CUNNINGHAM, Mr. SIMMONS, Mr. LANGEVIN, TOWNS, and Mr. HINCHEY. H.R. 5319: Mr. HASTINGS of Florida.

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Vol. 148 WASHINGTON, MONDAY, SEPTEMBER 9, 2002 No. 112 Senate The Senate met at 12 noon and was APPOINTMENT OF ACTING ness until 1 o’clock or shortly there- called to order by the Honorable PAT- PRESIDENT PRO TEMPORE after, with the first half of the time RICK J. LEAHY, a Senator from the The PRESIDING OFFICER. The under the control of the majority lead- State of Vermont. clerk will please read a communication er and the second half under the con- to the Senate from the President pro trol of the Republican leader. PRAYER tempore (Mr. BYRD). We are going to have a debate at 1 The Chaplain, Dr. Lloyd John The assistant legislative clerk read o’clock dealing with the confirmation Ogilvie, offered the following prayer: the following letter: of Kenneth Marra to be a United States Dear Father, bless the families of our District Judge for the Southern Dis- U.S. SENATE, Nation. PRESIDENT PRO TEMPORE, trict of Florida. Yesterday we celebrated Grand- Washington, DC, September 9, 2002. Following that vote, the Senate will parents Day. Thank You for the special To the Senate: resume consideration of the Homeland calling of grandparents to express es- Under the provisions of rule I, paragraph 3, Security Act. Under the orders entered teem, encouragement, and affirmation of the Standing Rules of the Senate, I hereby last Thursday, Senator THOMPSON will to their grandchildren. In a very vital appoint the Honorable PATRICK J. LEAHY, a be recognized to offer an amendment. way, grandparents are able to commu- Senator from the State of Vermont, to per- Following that, Senator BYRD will be nicate Your grace, Your unqualified form the duties of the Chair. recognized to offer an amendment. We ROBERT C. BYRD, and unlimited love, and the traits of President pro tempore. hope there will be additional rollcall Your character so needed in children in votes today, but we are not certain how our culture. Mr. LEAHY thereupon assumed the long the debate will take on the home- Today we thank You for our own Chair as Acting President pro tempore. land security amendments that will be grandparents and all they contributed f offered. to our lives. Bless the Senators who RECOGNITION OF THE ACTING We have a tremendous amount of have the privilege of being grand- MAJORITY LEADER work to do, and we will discuss that as parents. Help them to be godly exam- the week wears on. Tomorrow morning ples of what it means to know, trust, The ACTING PRESIDENT pro tem- we will go again to the Interior appro- and serve You. pore. The Chair recognizes the distin- priations bill. We have an important Most of all, Father, we pray for the guished senior Senator and grandfather vote on that tomorrow. We filed clo- strengthening of family ties that bind from Nevada. ture, but in an effort to avoid that our hearts in love and mutual concern. Mr. REID. That is true; 12 grand- vote, there was an agreement made by There is so much in our culture that children, Mr. President, and one on the the two leaders that we would vote on stretches and tears the fabric of the way. Tuesday morning on the disaster as- family. Help parents to put You and f sistance part of the measure that is their families first in their priorities. ORDER OF PROCEDURE now before us. May the inter-generational support of f grandparents lift their burdens as they Mr. REID. Mr. President, I ask unan- reap the blessings of raising children in imous consent that at 1 p.m. today RESERVATION OF LEADER TIME Your moral and ethical absolutes. there be 30 minutes of debate on Execu- The ACTING PRESIDENT pro tem- Bless the children of our land. Give tive Calendar No. 889, equally divided pore. Under the previous order, the them Your power to live confident between the chairman of the Judiciary leadership time is reserved. Committee, the Presiding Officer, and lives. You are our Lord and Saviour. f Amen. the ranking member, Senator HATCH, or their designees, prior to a 1:30 p.m. MORNING BUSINESS f vote on the confirmation of a judge. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- pore. Under the previous order, there PLEDGE OF ALLEGIANCE pore. Is there objection? will now be a period for the transaction The Honorable PATRICK J. LEAHY led Without objection, it is so ordered. of morning business not to extend be- the Pledge of Allegiance, as follows: f yond the hour of 1 p.m., with Senators permitted to speak therein for up to 10 I pledge allegiance to the Flag of the SCHEDULE United States of America, and to the Repub- minutes each, following which there lic for which it stands, one nation under God, Mr. REID. Mr. President, we are will be a period of one-half hour, equal- indivisible, with liberty and justice for all. going to have a period of morning busi- ly divided between the chairman and

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

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VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.000 S09PT1 S8336 CONGRESSIONAL RECORD — SENATE September 9, 2002 the ranking member of the Senate Ju- to do anything regarding weapons of not right that we, the only superpower diciary Committee, or their designees. mass destruction. A case has to be in the world, have a medical program Under the previous order, the first made for that. for senior citizens that does not in- half of the time in morning business I am certainly standing by with an clude prescription drugs, even though shall be under the control of the major- open mind, looking forward to what- the average senior citizen has 18 pre- ity leader or his designee. ever the President and his people bring scriptions filled every year. We need to Mr. REID. Mr. President, I suggest forward. But I think the burden of take care of that. the absence of a quorum. proof is that we have to have a case The legislation we did pass, the The ACTING PRESIDENT pro tem- made to us. greater access to affordable pharma- pore. The clerk will call the roll. We represent the American people, as ceuticals, would lower prescription The assistant legislative clerk pro- does the President. We are separate drug prices because it would stop phar- ceeded to call the roll. branches of Government, but they are maceutical company abuses that pre- Mr. REID. Mr. President, I ask unan- equal in nature. We have a role to fill. vent generic drug competition. It imous consent the order for the He has a role to fill. And to this point, would allow pharmacists, wholesalers, quorum call be rescinded. there have not been Members of Con- and consumers to import prescription The ACTING PRESIDENT pro tem- gress—Democrats or Republicans—con- drugs from Canada at a lower price pore. Without objection, it is so or- vinced that would be the right thing to than they can find in the United dered. do. States, and it would allow States to ex- tend Medicare rebates and discounts f I think we all have open minds. The American people all have open minds, for prescription drugs to residents who IMPORTANT ISSUES BEFORE THE and we want to do the right thing. don’t have drug coverage—not every- SENATE I repeat for the third time today: I thing, but certainly it is a step in the Mr. REID. Mr. President, we have am willing to listen to the President. I right direction. many important issues to consider in have listened to the President. I have a I have previously shared the stories the limited time left in our legislative record—I am not embarrassed—about of Nevadans struggling to pay for pre- calendar, and therefore it is important supporting his father. I am not a big scription drugs they need to stay we decide what our priorities must be. fan of the War Powers Act. I felt that healthy and to live quality, pain-free President Bush has focused, in recent way in the House; I feel that way in the lives. The legislation the Senate passed weeks, on Iraq, announcing his plans to Senate. This is more than the War will help make lifesaving and life-en- send American troops there to accom- Powers Act. This is a situation where hancing medicines more affordable and plish the goal of a regime change. We we must have the support of the inter- thus more affordable to Nevadans and have focused on the situation in Iraq national community, at least some in all Americans. Unless we enact the now for about 3 weeks, or maybe more. the international community, and we Schumer-McCain bill this year, con- During the Presidency of his father, I must have the support of the American sumers will not get any relief from the was the first Democrat to announce people. The President must have our skyrocketing cost of drugs. The Senate publicly I would support the invasion support before there is an incursion has passed this important legislation. Now Americans are looking to the in Desert Storm. I have no regret hav- into Iraq. ing done that. But there are, at this I acknowledge that Saddam Hussein House to do likewise. Without this bill, time, a number of questions that I is a bad person. He has gassed his own drug prices will continue to drain the think must be answered. people. He has killed his own blood. He budget of everyone—the elderly, the I expressed personally to the Presi- is a vicious, evil man. I am ready to do uninsured, State governments, employ- dent on Wednesday in the White House whatever is necessary to protect the ers, labor unions, and other groups—all that I thought there was a model to American people and bring about sta- because brand-name drug companies follow. It is a model that was created bility. But we have to wait until those have abused loopholes in the law and by President Bush, his father, and that different requirements are met before have profited handsomely. The average price paid for a prescrip- model is one where there is support we do that. tion for brand-name drugs is three from the United Nations, the world In the meantime, we cannot be John- times the prescription price of community. The people of this country ny one-note. We have to do what is nec- generics. This means the average con- supported the action President Bush essary to be done in Iraq but also un- sumer pays about $45 more for each had taken, and the Congress supported derstand the American people face a brand-name prescription. The savings that action. That is a model that I tremendous domestic crisis. The econ- that this legislation we passed provides think is one of success. omy continues to struggle. The Amer- will really add up. There have been some in the adminis- ican people are concerned about losing According to the Congressional Budg- tration who have said we don’t need jobs, investment, retirement savings. et Office, this legislation would save help. I am happy to see the President America’s slumping economy has se- American consumers about $60 billion has reached out to the Prime Minister verely impacted working families and over the next 10 years. The public has of Great Britain and met with him Sat- retirees. demanded action on the high cost of urday at Camp David. Today he is Two of the major economic concerns drugs. They are going up. This is sup- going to meet with the President of we in Nevada have are that we have to ported by patient groups, employers, France. That is important. He needs to be convinced our pensions are safe and and insurance companies alike. They do that. that the cost of health care is debated, believe it is not the answer but one of But we have to be very careful—and including prescription drugs. We passed the answers to end drug company that is an understatement—in sending strong legislation, led by the Senator abuses and close legal loopholes the in- men and women into battle. We have from Maryland, Mr. SARBANES, regard- dustry exploits to block competition about 12,000 or 13,000 troops stationed ing corporate accountability. We will and keep drug prices artificially high. in Nevada at Nellis Air Force, Fallon soon take up pension protection to pro- Just as we decided to close the ac- Naval Air Training Center, and at the vide additional security for American counting loopholes abused by Enron Hawthorn Ammunition Depot. workers and retirees. Earlier this sum- and WorldCom, we need to finish the I want to make sure these people and mer the Senate passed the greater ac- job and close the loopholes in our drug others who serve in the Armed Forces cess to affordable pharmaceuticals leg- patent laws exploited by the big phar- are sent to do the right thing. I think islation. It didn’t do everything I think maceutical companies. we have to be very careful in what we should be done, but it did take some I believe it is time for the House are doing in this instance. I don’t know important first steps. leadership to join us in ending these what validity should be placed on it It didn’t do a lot to deal with the abuses that hurt patients every day. but certainly some. One American in- Medicare prescription drug program. I also told the President on Friday spector was quoted in all the national We should have as a component of that when he gave a speech last week press today as saying Saddam Hussein Medicare prescription drugs. It is not to a group of labor people in Pennsyl- does not have the ability at this time right that seniors are struggling. It is vania saying: I am not for the trial

VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.003 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8337 lawyers; I am for the hard hats. I want We have 13 appropriations bills we The ACTING PRESIDENT pro tem- to pass terrorism insurance, and that must pass every year. We cannot com- pore. Without objection, it is so or- way we will create jobs—I told Presi- plete work on those until the House dered. dent Bush on Wednesday: If you want does it because you lose the ability to Mr. KYL. Mr. President, I am going that legislation which you have talked object because an amendment is not to speak in morning business. about passed, you have to realize that germane. When the bill is brought from The ACTING PRESIDENT pro tem- you have to come out and get off this the House, they won’t pass that. Why? pore. Under the previous order, the kick of having tort reform in addition We are under this legislative delusion Senator is recognized for up to 10 min- to this terrorism insurance. that suddenly all this financial stuff is utes. I said: Your friend, the Republican going to work out. Mr. KYL. I thank the Chair. Governor of Nevada, Kenny Guinn, ap- We have less than 20 days before this f proached that in the right way. He legislative session ends and they are CHINA called a special session of the legisla- still playing around. They never had a ture which ended about a month ago. committee meeting on the Labor-HHS Mr. KYL. Mr. President, this week, The purpose of that special session was bill. It deals with the National Insti- which will be one Americans remember to do something about the increasing tutes of Health and so many other for a long time as the anniversary of cost of malpractice insurance. The leg- issues. It is a huge appropriations bill, the September 11 attacks of last year, islature met. They set certain limits extremely important for us. But the a lot of second-guessing has been going on what you could get for pain and suf- House is afraid to move on it because on about what we might have done dif- fering. As a result of that, people the President said he is only going to ferently. Part of that is based on the walked away happy. That is where tort allow a certain amount of money to be fact that there was a lot of evidence reform should take place, on the State spent there. that the United States should have level. Even if those people who believe If that is exceeded, he will veto it. I been prepared to deal with the kind of in more tort reform want to do it, they say let’s call him on that. Let him veto attack that occurred, even if not at can’t do it on this terrorism insurance. these important programs such as the that precise time and place. I think it is a game being played; they National Institutes of Health. It is a I think history will show, notwith- really don’t want terrorism insurance. little hard to do that when he and the standing all of the evidence, it would They want to use tort reform as an ex- administration have single-handedly have been very difficult for us to actu- cuse. That is one of the issues that is destroyed the economy. Last year at ally defend against those attacks, but left pending, terrorism insurance. this time we had a surplus of about $7.4 it should not dissuade us from acting They fought us every step of the trillion for the next 10 years. That sur- on similar evidence in the future. way—they, the minority, fought us plus is gone because of these tax cuts— I fear there is another situation de- every step of the way. If the President well, about 25 percent of it is due to the veloping which, both because we are fo- really wants that, he needs to deal war. The rest of it is due to the tax cused on the war on terror and because with the minority and allow this con- cuts and the bad economic policies. We it presents us with some unpleasant ference to be completed. have no surplus anymore. choices about what to do, is creating a We need to do something about the So it seems to me what the President similar situation where there is evi- bankruptcy bill. This has been going on is trying to do is to create the illusion dence that we should be paying atten- for years, as the Presiding Officer, who that he is fiscally responsible by not tion to a problem, but either because was the architect of that legislation, allowing us to pass our appropriations we do not want to deal with it or be- knows. All the issues, we were told, bills. In fact, what he will probably do cause there is a lack of consensus had been resolved. This has been held in the multitrillion-dollar budget is about how to deal with it, the United up for about a year because of the peo- that we will pass the appropriations States is not taking adequate pre- ple who are not in touch with—I don’t bills, and he will probably veto a cou- cautions or taking adequate steps to mean this as not mentally competent, ple to say he is fiscally conservative, deal with the situation. but not in touch with reality, in that and all the problems are because of the What I have in mind is a concern how could you hold up legislation as prolific spending of the Congress, that has been now discussed in two important as this bankruptcy reform which is certainly not true. It appears very recently released Government re- because of a provision we passed over that is what is happening. ports on the threat that is posed by the here that said if you are an organiza- The economy is in shambles. We are nation of China against the United tion that goes to a clinic and trashes not having appropriations bills worked States. it, put this terrible smelling acid on it upon. It is just too bad. Because of the The first, produced by the congres- so that you have to really tear the election that took place 2 years ago in sionally-mandated United States-China place down and rebuild it, those people Florida, we needed election reform. Security Review Commission, offers a cannot discharge these acts in bank- Senator DODD worked night and day sobering analysis of the national secu- ruptcy. That seems totally fair to me. getting election reform passed in the rity implications of the economic rela- But they are off on this abortion kick Senate. It is held up in the House. We tionship between our two countries. It that somehow people who do something cannot complete the conference. flatly states that trade alone has failed bad to these reproductive clinics— I am very disappointed in what is to bring about serious political change whether or not you agree with abor- happening. I think the administration in China. tion, people should have to obey the is focused on the wrong things. I should The second, the Defense Depart- law. You should not have the right to say the wrong thing this time. They ment’s annual report on the military trash a place such as that so that it has have tunnel vision on Iraq. I think ev- power of the People’s Republic of to be torn down and totally refurbished erybody in the Senate has an open China, paints an unsettling picture of and say I can file bankruptcy and just mind as to what we should do on Iraq. China’s military buildup, the main ob- discharge it. No. We can also focus on the domestic jective of which is to prepare that We thought it had been resolved a problems in this country, but we are country for a military conflict in the couple weeks ago. Obviously not. All not doing that. I think it is too bad. It Taiwan Strait, and to counter poten- the banks and all the others interested is harmful to this country and it is cer- tial U.S. intervention in the conflict. in bankruptcy reform should under- tainly harmful to our getting work Proponents of unconditional engage- stand that is the only problem and the done. ment with China opine that the Chi- only reason we are not getting the I suggest the absence of a quorum. nese people’s access to the Internet, bankruptcy legislation passed. That is The ACTING PRESIDENT pro tem- modern telecommunications, and free a shame. The House should let us do pore. The clerk will call the roll. trade will make that country a more that, just as they should let us do the The assistant legislative clerk pro- free and open society. They suggest antiterrorism legislation. It doesn’t ceeded to call the roll. that entrenched vestiges of the Com- end there. Mr. KYL. Mr. President, I ask unani- munist system will eventually fade A lot of legislation is being held up; mous consent that the order for the away as new leaders, who are com- for example, our appropriations bills. quorum call be rescinded. mitted to capitalism, take the reins of

VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.005 S09PT1 S8338 CONGRESSIONAL RECORD — SENATE September 9, 2002 power. In other words, economic free- rent U.S. sanctions policies to deter that could cripple our military dom will invariably translate into po- and reform Chinese proliferation prac- strength, including anti-ship missiles litical freedom, and democracy will be tices have failed and need immediate to counter our naval fleet and cyber- the clear result. review and overhaul.’’ warfare to disrupt our infrastructure. But, particularly with the release of The Commission recommended that Beijing is also modernizing its ballistic these two reports, it seems more and the United States expand the use of missile program, improving its missile more clear that China’s willingness to economic sanctions to apply against force across the board both quan- engage in the world economy has not entire countries, rather than just indi- titatively and qualitatively. Beijing translated into evolution toward de- vidual entities. Suggested sanctions in- currently has about 20 inter-conti- mocracy. Indeed, the United States- clude import and export limitations, nental ballistic missiles, ICBMs, capa- China Security Review Commission restrictions on the access of foreign en- ble of targeting the United States, is concluded that: tities to American capital markets, re- projected to add up to 40 longer-range, . . . Trade and economic liberalization have strictions on direct foreign invest- road-mobile missiles by 2010. not led to the extent of political liberaliza- ments in an offending country, and re- In light of the Pentagon’s conclu- tion much hoped for by U.S. policymakers. strictions on science and technology sions, it is more important than ever The Chinese government has simultaneously cooperation. that the United States provide Taiwan increased trade and aggressively resisted I should note that these measures are in a timely manner with the equipment openness in politically sensitive areas such very similar to those proposed by my and training it needs to defend itself as the exercise of religious, human, and distinguished colleague from Ten- against a potential Chinese attack. worker rights. nessee, Senator THOMPSON, in 2000 dur- That training should include joint Consider, for example, Chinese Gov- ing the debate on granting China per- operational training, which would fa- ernment control over the Internet. manent normal trade status. His cilitate an allied U.S.-Taiwan response While many expected that access to the amendment, which I strongly sup- to an attack on Taiwan by China. Tai- Internet would facilitate the influx of ported, was rejected by this body. wan is currently outnumbered 10 to 1 in Western ideas and values, the Commis- As to Taiwan, Beijing is deadly seri- combat aircraft, 2 to 1 in ships, 60 to 4 sion stated that those hopes ‘‘have yet ous about pursuing unification— in submarines, and its air force is be- to be realized.’’ Indeed, Beijing has through force, if necessary—with our ginning to lose its qualitative edge passed sweeping regulations in the past long-standing, democratic ally. The over China. two years that prohibit news and com- Chinese military is actively pursuing The United States should also expand mentary on Internet sites in China capabilities and strategies that it and multilateralize its security rela- that is not state-sanctioned. The Com- would need to accomplish that task, tionships with Taiwan and other allies mission noted that China has even con- and according to the Commission, it is in East Asia to deter potential Chinese vinced American companies like believed that the military has been di- aggression. No doubt China is a very Yahoo! to assist in its censorship ef- rected to have viable options to do so different country than the former So- forts, and others, like America Online, by 2005 to 2007. viet Union, but there is something to to leave open the possibility of turning Mr. President, let me repeat that: It be said for the deterrent factor that over names, e-mail addresses, or is believed that the Chinese military comes with a NATO-like coalition. As records of political dissidents if the has been directed by the Communist President Bush stated during his cam- Chinese government demands them. leadership to be prepared to move paign, ‘‘We should work toward a day It is impossible to predict China’s fu- against Taiwan by 2005 to 2007. If there when the fellowship of free Pacific na- ture. That country has embarked on an is one sentence in this report that tions is as strong and united as our At- uncertain path, opening its economy ought to serve as a wake-up call, this is lantic partnership . . .’’ while simultaneously attempting to it. Additionally, the United States needs strengthen the Communist Party’s po- What is so significant about that to develop and deploy missile defenses litical and social control. The con- time-frame is that, during those two at the earliest possible date. I am sequences, given that Chinese policies years, a number of factors fall in line. pleased that President Bush recognizes run directly counter to U.S. national First of all, the Defense Department the importance of having such a defen- security interests, are potentially has projected that the balance of power sive system, and has made it a top pri- grave. Thus, the Commission estab- across the Taiwan Strait will shift to- ority among our military objectives. lished benchmarks against which Bei- ward China by 2005. Second, it is esti- What is frustrating is that the United jing’s future progress can be measured, mated that our theater missile defense States continues to play a facilitating including China’s proliferation of system, which China fears we will role in China’s military buildup and its weapons of mass destruction; its cozy share with Taiwan, will be up and run- proliferation of dual-use technologies— relationships with terrorists states like ning by 2007. Finally, it is estimated technologies that have civilian and Iran, Iraq, and North Korea; its belli- that China’s myriad conventional military uses—to rogue states. China’s cose posture toward Taiwan; and its weapons recently purchased from Rus- buildup and its proliferation both harm pursuit of asymmetric warfare capa- sia—including submarines, fighter jets, U.S. national security. The United bilities to counter U.S. military capa- and air-to-air missiles—will become States China Security Review commis- bilities. fully operational within that 2-year pe- sion agreed with the conclusion of the China’s proliferation of technology riod. 1998 Rumsfeld Commission that: and components for ballistic missiles Indeed, the Defense Department, in The U.S. has been and is today a major, al- and weapons of mass destruction to its report, concluded that China’s ‘‘am- beit unintentional, contributor to the pro- liferation of weapons of mass destruction terrorist-sponsoring states—including bitious military modernization casts a [through] foreign student training in the North Korea, Iraq, Iran, Syria, Libya, cloud over its declared preference for U.S., by wide dissemination of technical in- and Sudan—is of serious concern. The resolving differences with Taiwan formation, by the illegal acquisition of U.S. Commission found that, despite numer- through peaceful means.’’ The Pen- designs and equipment, and by the relax- ous bilateral and multilateral pledges tagon observes that, over the past ation of U.S. export control policies. to halt that proliferation, ‘‘Chinese year, Beijing’s military exercises have Our progressive relaxation of con- proliferation and cooperation with taken on an increasingly real-world trols on the export of high performance [such] states has continued unabated.’’ focus aimed not only at Taiwan, but computers is just one example. These Just in the past year, the administra- also at increasing the risk to U.S. computers can assist China in its ef- tion has sanctioned Chinese entities forces and to the United States itself in forts to rapidly design modern nuclear three times for their proliferation to any future Taiwan contingency. weapons and their delivery systems. Iran of equipment and materials used The Defense Department warns that Our lax controls over the export of to make chemical and biological weap- China’s ‘‘military training exercises in- these computers allow China to legally ons. Yet these sanctions are unlikely creasingly focus on the United States obtain U.S. technology that helps to to curb China’s proliferation activities. as an adversary.’’ Its military mod- improve its military capabilities. In- As the Commission concludes, ‘‘Cur- ernization concentrates on weapons deed, the Commission concluded that,

VerDate Sep 04 2002 04:40 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.001 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8339 despite the existence of nominal con- rently dealing with in this Chamber, We do not want to do that. There has trols, most high performance com- which is the Interior appropriations to be a particular number of wild puters are no longer licensed and mon- bill. It is a bill that is very important horses, or elk, whatever, that can itored. to those of us from the West. Being thrive; there is only so much vegeta- Not only is China using U.S. tech- from Wyoming, it is a particularly in- tion for a certain number. Beyond that nology to build its own military capa- teresting and important issue. we have to do something. It is not an bilities, it is transferring this tech- I listened to the assistant majority easy issue but we must deal with it. nology to countries that support inter- floor leader talk a little this morning That is important. national terror networks. The China about the importance of moving on The Forest Service is one of our na- Commission found that: with the issues we have before us. He tional treasures. We need to preserve Chinese firms have provided dual-use mis- enumerated the very many issues he the Forest Service; we need to preserve sile-related items, raw materials, and/or as- considers apparently to be of primary the forests. We have done a good job. sistance to Iran, North Korea, and Libya. importance. We are going to have to This year has been extremely difficult Chinese companies have also ex- move forward, but we are going to have when it comes to wildfires. We have ported substantial dual-use tele- to make some priorities. We obviously lost 6 million acres. We are faced with communications equipment and tech- do not have a great deal of time. the question of how to better prepare nology to countries like Iraq. Media re- Many of the issues the Senator from and eliminate some of those fires. ports indicate that the Chinese firm Nevada mentioned are issues that have There are programs out there. The ad- Huawei Technologies—an important been around for a long time, without ministration has one now that will be player for many U.S. firms who want much push from the leadership to do included in an amendment to this bill that allows thinning and allows ways to reach the Chinese telecom and data anything about them until now. I hope to avoid fires rather than putting our communications market—assisted Iraq we do not find ourselves dealing with too many issues and dealing with them energy into fighting fires. with fiber-optics to improve its air-de- I grew up next to the national forests insufficiently. fense system. This was not only a vio- in Wyoming. We were halfway between I hope we set priorities for where we lation of U.N. sactions, it also greatly Cody, WY, and Yellowstone Park. It is are going to spend the rest of our time. increased the danger to U.S. and Brit- a beautiful area with a great many ish pilots patrolling the no-fly zones. My reaction is we need a little less talk trees and occasional threats from fires. Despite the serious concerns of some and a lot more action. There are cabins and buildings. We With regard to Interior, for those of policymakers, Members of this body, have a plan, if we could implement it, us in the West, one of the issues—espe- and others about the national security to hopefully avoid some of the fires. implications of transfers of such tech- cially in the case of Wyoming—is that The National Park System is one of nology to China, the Senate, in Sep- half of our State is Federal land and the big activities in the Interior De- tember 2001, passed S. 149, the Export managed, to a large extent, by those partment. We have 385 national parks Administration Act. If enacted, this agencies that are funded in the Interior in this country. Some are large. In Wy- legislation would significantly relax bill. This is a bill of about $19.5 billion, oming, we have Yellowstone, the oldest our export control regulations and which is a little more than last year and largest park in the country. We make it far easier for China to obtain but generally about the same. have had a chronic problem of main- sensitive U.S. technology. it would de- It is interesting that these agencies taining the infrastructure of the parks. control a number of items—including do create some revenues, mostly They have millions of visitors, gen- electronic devices used to trigger nu- through royalties and minerals. About erally on a seasonal basis, during a rel- clear weapons and materials used to $6 billion worth of revenue comes from atively short time. The administration build missiles and produce nuclear these activities. has promised to put $4.5 million into weapons fuel—by giving these items The Bureau of Land Management infrastructure so we can keep the ‘‘mass market status.’’ handles a great deal of the land in our parks available for people to enjoy and Mr. President, it is my hope that, as State. It has a great deal to do with visit. That is our responsibility. The the anniversary of September 11 ap- multiple use. It has a great deal to do Interior dollars are very important. proaches, the administration and Con- with our opportunity to go ahead and Other activities of concern include gress recognize the potential danger of use those lands for the various kinds of the Fish and Wildlife Service, mining, allowing business interests to continue activities that are good for the local as well as some research on energy and to trump our national security needs. I economy, good for the Nation, and fossil technology and clean coal tech- am a strong proponent of free trade good for energy, for example, and at nology. Along with that is the U.S. Bu- and open markets. But our national se- the same time protect the environ- reau of Indian Affairs. We are providing curity should not be sacrificed for po- ment, which is also key to what we are the best service we can to Native tential commercial gain. The federal doing. Americans. We are providing an oppor- government’s first responsibility is the I will comment further on PILT, pay- tunity for them to continue to begin to protection of the American people. ment in lieu of taxes. When a county build as strong an economy as possible. How the United States chooses to could have as much as 80 percent of the For a moment I will talk about the manage its relationship with China land controlled and owned by the Fed- Payment in Lieu of Taxes Program. will have a far-reaching impact on our eral Government, they have a real The Senate appropriates approxi- long-term national security. As that problem with tax revenues. Those lands mately $220 million for that PILT Pro- country continues to play a more would be earning revenue if they were gram—more than it has ever received. prominent role on the world stage—no in Maryland and owned privately. We have not yet reached the appropria- doubt a product of its economic liberal- When they are owned by the Federal tion to be equivalent to the authoriza- ization—it is imperative that U.S. pol- Government, there is no tax revenue. tion. Nevertheless, we have made some icy appropriately address not only our That is what the Payment in Lieu of progress. This year, 67 of my colleagues trade relationship, but also the threat Taxes Program is designed to do. joined in a request to increase PILT to posed by China to U.S. national secu- We also have the Wild Horse and help more than 2000 counties and local rity. Our actions should be based not Burro Program. We all want to pre- governments. When there is a county on wishes, but on facts—even if they serve wild horses. They are spread over that has anywhere from 50 to 90 per- are unpleasant. the country—some in Nevada, some in cent Federal lands, it is up to the coun- I thank the Chair. Wyoming, some in other States. How- ty to provide the services necessary— The ACTING PRESIDENT pro tem- ever, we have a problem with over- whether it be law enforcement, fire, pore. The Senator from Wyoming. population. It is an issue that exists whatever. Those are county respon- f with most wild critters. No one wants sibilities. Therefore, there needs to be to do anything in particular to hold some revenues from the land. That is PRIORITIZING ISSUES down the numbers. In the past, the what these payments are about. We are Mr. THOMAS. Mr. President, I will numbers grew until there was not moving toward that. I thank the com- talk a little about the issue we are cur- enough food and they starved to death. mittee for moving as they have toward

VerDate Sep 04 2002 03:04 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.002 S09PT1 S8340 CONGRESSIONAL RECORD — SENATE September 9, 2002 reaching the authorization of the funds Midwestern States—is that just refers CONCLUSION OF MORNING available. Certainly that authorization to farmers. I want to tell you it is BUSINESS is not totally enough to fill all the farmers, but it is also those who raise The PRESIDING OFFICER. Morning needs, but it is an improvement over livestock, cattle, and sheep. People business is closed. the past. who are in that business need to be rec- f This also gives an opportunity for ognized as well, in terms of what we do those counties to create their own fi- here to help the agricultural industry EXECUTIVE SESSION nancial structure, much of which often during the drought. We will be dealing is tourism, which, again, is costly. I with that. We will come back to it. NOMINATION OF KENNETH A. thank the committee for what they I say again I hope we can set some MARRA, OF FLORIDA, TO BE have done with respect to payments in priorities for the relatively limited UNITED STATES DISTRICT lieu of taxes to the counties. I hope we amount of time left of this Congress. I JUDGE FOR THE SOUTHERN DIS- are able to include that. Our allocation hope that we select those items that TRICT OF FLORIDA is larger than the House and we need to are timely, that need to be done. I un- bring that up so we have a satisfactory derstand when we come to the end of a The PRESIDING OFFICER. Under arrangement. session everybody has ideas of things the previous order, the hour of 1 p.m. In the West we have had 3 years of that they would liked to have happened having arrived, the Senate will proceed very low rainfall, actual drought. It is that did not happen, but we are not to executive session and proceed with very difficult. In Washington, it is nor- going to be able to do all those things. the consideration of Executive Cal- mal to have 50 inches of rain a year. In So what we have to do collectively is endar No. 889, which the clerk will re- Wyoming, it is more likely to be an av- show some leadership as to which of port. erage of 16 or 17 inches. It is a low pre- those issues should be dealt with. Then The legislative clerk read that nomi- cipitation area at best. Therefore, we we can do that. nation of Kenneth A. Marra, of Florida, irrigate. Irrigation water generally I yield the floor and suggest the ab- to be United States District Judge for comes from reservoirs, from the runoff sence of a quorum. the Southern District of Florida. of snowfall that is captured in the The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- mountains and let down during the clerk will call the roll. ator from Vermont. summer. We have had relatively slow The legislative clerk proceeded to Mr. LEAHY. Madam President, I do snowfall over the last several years and call the roll. believe that Judge Kenneth Marra will therefore our reservoirs are getting low Mr. LEAHY. Madam President, I ask be confirmed to the U.S. District Court and have been very low this year. We unanimous consent the order for the for the Southern District of Florida. I have had, certainly, a bona fide quorum call be rescinded. have heard of no opposition. This is a drought problem—not only in Wyoming The PRESIDING OFFICER (Mrs. LIN- judge who got strong bipartisan sup- but all through the area, including the COLN). Without objection, it is so or- port in the Senate Judiciary Com- Dakotas and down. There has been a dered. mittee, which usually guarantees a great deal of discussion about it. On confirmation on the floor. When that the Agriculture Committee we talked f happens, the Democratic-led Senate about that a great deal. The Agri- will confirm its 74th judicial nomina- culture Committee bill as prepared GRANDPARENTS DAY tion made by President George W. does not deal with drought. We think Bush. This will also be the 25th judicial Mr. LEAHY. Madam President, first, emergency vacancy that we have filled they will get support in the area of on a personal basis, earlier, at the crops, but it is based primarily on since I became chairman last summer, opening of the session, it was noted and the 18th since the beginning of this loans after the product is sold. If you that yesterday was Grandparents Day. did not produce a product, there is year. I send my best to all those who are The confirmation of Judge Marra will nothing there. That is why we need to grandparents. The Presiding Officer, of have disaster assistance. There will be bring additional resources to the U.S. course, is far too young to know the District Court for the Southern Dis- less spending in the Agriculture bill be- joys of that time in our lives. She does cause there will be less crops grown— trict of Florida. Judge Marra was nom- have the joy of two of the most beau- inated to fill a new position Congress with a higher price because there are tiful children anybody has seen in the less—but many farmers and ranchers created by statute to address the large Senate family. But there will be a day caseload, particularly the immigration will not produce a crop. when the other will come. The ranking We should offset some of that to the and criminal cases, facing the Federal member and I have the joy of being farm bill spending. Whether we offset court in Florida. He is one of three grandparents. it or not, the fact is there will be less Federal judicial nominations on the So I wish all grandparents the best money spent in that area than could be Senate Calendar for action. and also extend special wishes to one spent. Therefore, what we spend here I recall during the past administra- growing, shameless Leahy. could replace what was there. I hope tion, the Clinton administration, we all After that outrageous usurpation of that is the approach we take. worked very hard in cooperation with We should have some limitation on the podium, Madam President, prob- Senator GRAHAM and Senator MACK to how much we have there, but, indeed, ably, if my wife is watching, she is ensure that the Federal court in Flor- it is a big issue and it will be a $5.5 bil- probably beginning to wonder if I took ida had its vacancies filled promptly lion issue to be able to deal with the too much time off in August. with consensus nominees. Due to the losses that agriculture has suffered. bipartisan cooperation between one I hope, too, we do not simply focus on f Democrat Senator and one Republican farm crops. Again, in my State, the Senator and a Democratic President, biggest agricultural area is livestock. UNANIMOUS CONSENT the Senate was able to confirm 22 judi- Livestock people have suffered as well. AGREEMENT cial nominees from Florida, including 3 What has happened is there is no grass Mr. LEAHY. Madam President, I ask nominees to the Eleventh Circuit. But for grazing where the cattle are on pri- unanimous consent regarding the time it is unfortunate that this tradition of vate lands. In some cases where there of the chairman and the ranking mem- cooperation, coordination, and con- has been grazing allowed, in the forests ber of the Judiciary Committee that sultation has not continued with the or BLM, Federal lands, there has not was originally set to be half an hour current administration. been a sufficient amount of grass. evenly divided, that we still have that By my recollection, it was only the Ranchers have had to sell cattle be- half hour evenly divided, and the vote nomination of Judge Rosemary cause they have not had the feed and then begin after the expiration of that Barkett of the Florida Supreme Court will not have the feed this winter. time. to the Eleventh Circuit that generated When we do talk about agriculture, The PRESIDING OFFICER. Without any significant controversy or opposi- the idea often—particularly in some objection, it is so ordered. tion. I do recall that she was strongly

VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.010 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8341 opposed by a number of Republican I mention this because there seems confirmation in the first 15 months. Senators because they did not agree to be some idea that somehow the Under George H. W. Bush, there were with her judicial philosophy. Those Democratic-led Senate is holding up 23; for the first 15 months of President voting against her included Senators judges. I think most of the Presidents Clinton, 45. Incidentally, that is with a HATCH, GRASSLEY, MCCONNELL, SPEC- with whom I have served would have Senate under the control of his own TER, and THURMOND, as well as Sen- been delighted to have had a Senate as party. And now, in 15 months, under ators LOTT, NICKLES, and HUTCHISON of cooperative as we have been. President George W. Bush, we have had Texas. They have an absolute right to Let me repeat that. In 15 months, 74 judicial confirmations—74. By any do that, of course. I respect that right. Democrats have done more on judicial standard you want, here is a case where Judge Barkett received the highest rat- confirmations than Republicans did in a different party than the President ing of the ABA, ‘‘well qualified,’’ and 30 months. has controlled the Senate, and we have yet 36 Republicans voted against her They, on the other side, do not want done more than was done for President confirmation, even though she had the to compare our record of accomplish- Reagan when his own party controlled strong bipartisan support of her home ment in evaluating judicial nominees the Senate, for President Bush when State Senators. Recent claims by some with theirs in their prior 61⁄2 years of another party controlled the Senate, that it is unprecedented to vote control. They do not want to own up to for President Clinton when we, the against a judicial nominee with a ‘‘well their delay and defeat through inaction Democrats, controlled the Senate. qualified’’ rating and to vote against of scores of judicial nominees during It shows we can move and will move, her based on her judicial philosophy the last administration. and we have been doing that notwith- thus ring hollow. All too often the only defense of their standing the fact that there has been Unfortunately, that is not the way record we hear is the claim that Presi- less cooperation from the White House the administration has dealt with Sen- dent Clinton ultimately appointed 377 than I have seen with either Demo- ators GRAHAM and NELSON now. But it judicial nominees, 5 fewer than Presi- cratic or Republican Presidents in 26 is a tribute to Senator GRAHAM and dent Reagan. This statement overlooks years in the Senate. It is unfortunate. Senator NELSON that we have made the the fact that the Republicans only al- President Bush will probably get a progress we have had. They could very lowed 245 of President Clinton’s judi- record number of his judges through at easily have exercised their right as the current pace of confirmations. But Senators and refused to accept the cial nominees to be confirmed. That I have to think how much better it nominees of President Bush. Of course, averages, incidentally, to about 38 con- 1 could be done with less rancor and with they would go no further under the firmations per year during their 6 ⁄2 even a modicum of cooperation. We blue-slip policy that both Republicans years of control. We confirmed 74 judi- have acted fairly and expeditiously and Democrats strongly support. But cial nominees in less than 15 months, they have been more than gracious in including 13 to the circuit courts. I be- notwithstanding the fact that Demo- their willingness to support these lieve we have reported 80 out of the Ju- crats have felt very concerned that for nominees. That is why they have gone diciary Committee. year after year after year after year in through. I mention this because of the persist- many of the circuit courts of this coun- This Democratic-led Senate has expe- ence of the myth of inaction in face of try, Republicans refused to even hold ditiously moved President Bush’s judi- such in the face of such a clear record hearings for the nominees, even though cial nominees. We have worked hard to of progress by Democrats. After a they had the highest ratings of the provide bipartisan support for the while, if someone keeps distorting the American Bar Association. They would White House’s nominations in spite of facts, if someone keeps stating things not even hold hearings, to say nothing an almost unprecedented lack of will- that are not true, people actually come about having a vote. ingness on the part of the White House to believe it is true. I am reminded of Then when the Republicans came in, to work with us. what Adlai Stevenson once said. I will suddenly there was an emergency; they In fact, I have been here 26 years: quote him: had to fill the vacancies in those cir- During the terms of President Ford, I have been thinking that I would make a cuits. Their obstruction created the President Carter, President Reagan, proposition to my Republican friends . . . problem. But notwithstanding that, in President George Herbert Walker Bush, that if they will stop telling lies about the many of those cases where Democrats President Clinton, and now President Democrats, we will stop telling the truth were not allowed to even have a hear- George W. Bush. This administration is about them. ing year after year after year, we have the least willing of any White House The truth is, of course, as these in the last 15 months moved forward during all that time—Republican or charts show, that we have a pretty with hearings and votes, and positive Democrat—to work with the Senate on good record of accomplishment despite votes, on the vast majority of his judi- judicial nominations. But even without the lack of cooperation from the ad- cial nominees. that cooperation, even with the un- ministration. I have no idea what political game is precedented lack of cooperation, we are With today’s vote, the Democratic- being played at the White House. I making progress. led Senate will confirm its 74th judge— know the people are very nice. Judge I would like to discuss the progress exceeding the number of circuit and Gonzalez is a very nice, very polite per- we have made. This chart shows what district court nominees confirmed in son. He is charming to be with. But the has happened in the 15 months the the last 30 months of Republican con- cooperation is not there. The President Democrats have controlled the Senate. trol of the Senate. We have done more is very nice, very charming. But the Contrast that to the Republicans’ first than Republicans did, and we have cooperation is not there. We could do 15 months when they controlled the done it in less than half the time. far better if they would just pick up Senate. In less than 15 months of We have confirmed more of this the phone and call the last three people Democratic control of the committee, President’s nominees, both circuit and from the last three Republican admin- we have held more hearings for more district court nominees, in less than 15 istrations—they do not even have to nominees, voted on more nominees in months, than were confirmed in the call a Democratic administration—and committee, and confirmed more nomi- comparable 15 months of the first term see how well this could be done. nees than the Republicans did in their of former President Reagan, the first As the distinguished ranking mem- first 15 months of control of the com- President Bush, and President Clinton. ber, my good friend from Utah, knows, mittee in 1995 and 1996. Let’s take a look at what has hap- I went down several times and worked We have confirmed more of President pened in the first 15 months. With to- with the Clinton White House so they George W. Bush’s Federal trial court day’s vote, the Democratic-led Senate could have cooperation with, and they nominees in less than 15 months than has confirmed 74 of this Republican did cooperate with, Republican Sen- were confirmed in the first 2 years of President’s judicial nominees in less ators in moving through judges. I his father’s Presidency. In fact, we con- than 15 months. would hope that with that precedent in firmed more in the first 15 months than Under President Reagan—and inci- mind, some might do the same. the Republicans were willing to con- dently, I might point out, he had a Democrats have reformed the process firm in their last 30 months. Senate of his own party—there were 54 for considering judicial nominees to

VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.013 S09PT1 S8342 CONGRESSIONAL RECORD — SENATE September 9, 2002 ensure bipartisan cooperation and (including the entire period of Repub- not at the 153 mark it would be had we greater fairness. For example, we have lican control of the Senate) and con- taken no action. Vacancies have been ended the practice of secretive, anony- firmed her last year, while three of reduced to 79 and are headed in the mous holds that plagued the period of President Clinton’s Fifth Circuit nomi- right direction. On July 10, 2001, with Republican control, when any Repub- nees never received hearings or votes the reorganization of the Senate, we lican Senator could hold any nominee on their nominations. We held the first began with 110 vacancies. When Repub- from his or her home state, his or her hearing on a Tenth Circuit nominee in lican gained control of the Senate in own circuit or any part of the country six years, and we have confirmed two 1995 the federal judicial vacancies num- for any reason, or no reason, without of President Bush’s nominees to the bered 65. The vacancies increased dur- any accountability. We have returned Tenth Circuit, while two of President ing their six and one-half years to more to the Democratic tradition of regu- Clinton’s nominees to that circuit than 110. Under the Democratic major- larly holding hearings, every few never received hearings or votes. We ity, by contrast, the number of vacan- weeks, rather than going for months held the first hearing for a Fourth Cir- cies is being significantly reduced. De- without a single hearing. In fact, we cuit nominee in three years, for Judge spite the large number of additional have held 23 judicial nominations hear- Roger Gregory, and the first hearing vacancies that have arisen in the past ings in our first 13 months, an average for an African American nominee to year, with the 61 district court con- of almost two per month. that court in United States history, firmations we have as of today, we In contrast, during the six and one- even though Judge Gregory and four have reduced district court vacancies half years of Republican control, they other nominees to that circuit (includ- to 50, almost to the level it was at went 30 months without holding a sin- ing three other African Americans) when Republicans took over the Senate gle judicial nominations hearing. By never received hearings or votes during in 1995. holding 23 hearings for 84 of this Presi- Republican control of the Senate. In fact, when we adjourned for the dent’s judicial nominees, we have held These are just a few examples of the August recess we had given hearings to hearings for more circuit and district historic accomplishments of the Demo- 91 percent of this President’s judicial court nominees than in 20 of the last 22 cratic-led Senate which debunk Repub- nominees who had completed their pa- years during the Reagan, first Bush, lican myths that Democrats caused the perwork and who had the consent of and Clinton Administrations. vacancy crisis, are delaying judicial both of their home-State Senators. As this chart shows, we have held appointments or have been retaliating That is, 84 of the 92 judicial nominees more hearings for President Bush’s ju- for years of obstruction on circuit with completed files had received hear- dicial nominees in less than 15 months court vacancies by Republicans. ings. There were only 16 circuit court va- than were held in 15 months for any of When we held our most recent hear- cancies when Republicans took over the past three Presidents. In the first ing on August 1, we had given hearings the Senate in January 1995. Unfortu- 15 months of the first term of President to 66 district court nominees and we nately, from January 1995 until Repub- Reagan, 17 judicial nominations hear- had run out of district court nominees licans relinquished control and allowed ings were held. In the first 15 months of with completed paperwork and home- the Judiciary Committee to be reorga- President George H.W. Bush’s term, 11 State consent. Only two district court nized in the summer of 2001, circuit hearings were held. And, in the first 15 nominees were eligible for that hear- court vacancies more than doubled months of President Clinton’s first ing. This is because the White House from 16 to 33. Republicans executed a term, 14 judicial nominations hearings changed the process of allowing the partisan political strategy to hold va- were held. In contrast, we have held 23 ABA to begin its evaluation prior to cancies open on the circuits for a Re- hearings in less than 15 months. That nomination. This change has cost the publican president to fill. It would cer- is almost as many as were held in the federal judiciary the chance over the tainly have been easier and less work first 15 months of the terms of the first last year to have 12 to 15 more district for Democrats to retaliate for the un- President Bush and President Clinton court nominees on the bench and hear- fair treatment of the last President’s combined. We have more than exceeded ing cases, because now the ABA can circuit court nominees. We did not. We the number of hearings held in the last only begin its evaluation once the have been, and will continue to be, 30 months of Republican control of the nomination is submitted to the Senate. more fair than the Republican major- Senate, when they held only 15 hear- The ABA also must wait until the Ad- ity was to President Clinton’s judicial ings. ministration provides the Senate with nominees. While some complain that a handful the nominee’s public questionnaire, Here is another chart that shows that of circuit court nominees have not yet more of President Bush’s judicial and lately the nominees’ documents had hearings, they fail to acknowledge nominees have been given committee have been arriving on a delayed basis, that Democrats have held hearings for votes than the nominees of prior presi- as well. Indeed, many of the two dozen more of President Bush’s circuit court dents. Unlike my Republican prede- nominations most recently received nominees, 18, than in any of the six and cessor, I have scheduled hearings and will likely not get hearings before ad- one-half years in which the Repub- votes on district and circuit court journment this year in large measure licans controlled the Committee before nominees whom I do not support. The because the White House unilaterally the change in majority last summer. Judiciary Committee has voted on 82 changed the process for consideration Republicans have utterly failed to ac- judicial nominees and favorably re- and has built additional delays into it. knowledge this fairness and progress ported 80. In less than 15 months, we In January I had proposed a simple under the Democratic majority. The have voted on more of President Bush’s procedural adjustment to allow the myth of obstruction of judicial nomi- district and circuit court nominees ABA evaluation to begin at the same nees fits their political strategy better than were voted on in the first 15 time as the FBI investigation, as was than the truth. months of any of the past three Presi- the practice in past Republican and The years of Republican inaction on dents. Moreover, we have voted on Democratic Administrations over 50 a number of circuit court vacancies has more nominees in less than 15 months years. Had this proposal been accepted, made it possible for Democrats to have than were voted on in the first 15 I am confident there would be more several ‘‘firsts,’’ or astounding accom- months of Presidents Reagan and than a dozen fewer vacancies in the plishments in addressing judicial va- George H.W. Bush combined, or Presi- federal courts. Instead, our efforts to cancies. For example, we held the first dents George H.W. Bush and Clinton increase cooperation with the White hearing for a nominee to the Sixth Cir- combined. We have even voted on more House have been rebuffed. We continue cuit in almost five years (that is more nominees in less than 15 months than to get the least cooperation from any than one full presidential term) and were voted on in the last 30 months of White House I can recall during my confirmed her, even though three of Republican control of the Senate, when nearly three decades in the Senate. President Clinton’s nominees to the 73 nominees were voted on by the Com- Yet, even with such lack of cooperation Sixth Circuit never received a hearing mittee. from the White House, the Senate has or a vote. We held the first hearing on Because we have moved quickly and set an impressive rate of confirming ju- a Fifth Circuit nominee in seven years responsibly, the number of vacancies is dicial nominees.

VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.016 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8343 Here is another chart that shows how bored long and hard to evaluate the want to do so. I think Republicans Democrats have dramatically reduced records of the individuals chosen by wanted to ensure that they never the time between nomination and con- this President for lifetime seats on the treated President Clinton better than firmation of circuit court nominees. federal courts. The decisions we make the best year of former President Bush Since the Democrats assumed the ma- after reviewing their records will last (his last year) and they wanted to en- jority last July, the average time to well beyond the term of this President sure that President Clinton did not confirm circuit court nominees has and will affect the lives of the individ- beat President Reagan’s number of been drastically reduced to 147 days, uals whose cases will be heard by these confirmations, as a matter of partisan from a high during the most recent judges and maybe millions of others af- pride. years of Republican control of 374 days. fected by the precedents of these deci- Had Republicans kept up the pace of We have reduced the average time from sions of these judges. confirmation set by Democrats in the nomination to confirmation to two- Before anyone takes for granted how first President Bush’s last year and the and-a-half times less than the average fairly Democrats have treated this first two years of the Clinton Adminis- time to confirmation during Repub- President’s judicial nominees, receiv- tration, President Clinton would have lican control during the 106th and 105th ing up or down votes, they should take appointed substantially more than the Congresses when it took an average of a look at how poorly judicial nominees 377 judges who were ultimately con- 374 and 314 days, respectively, to con- were treated during the 61⁄2 years of Re- firmed in his two terms as president, firm President Clinton’s circuit court publican control of the Senate. In all, and the Democratic-led Senate Judici- nominees. several dozen judicial nominees of ary Committee would not have begun The Judiciary Committee has re- President Clinton never received a last July with 110 vacancies. Ironically, ported two more circuit court nomi- hearing or a vote. perhaps, Democrats have been so fair nees favorably to the Senate. We have When confronted with this, Repub- to President George W. Bush, despite held hearings on 18 circuit court nomi- licans often lament that about 50 of the the past unfairness of Republicans, nees and the Judiciary Committee has first President Bush’s judicial nomi- that if we continue at the current pace already voted on 17 of those 18 nomi- nees did not get a hearing before the of confirmation and vacancies continue nees. end of the session in Congress in 1992. to arise at the same rate, then Bush In spite of the obstacles the White What they consistently fail to mention will appoint 227 judges by the end of his House has put in the way of their own about this, however, is quite revealing. term. If he were elected to a second nominees through their lack of con- That year, the Senate confirmed more term, at the current pace, he would sultation and cooperation, we have of President George H.W. Bush’s judi- amass 454 judicial confirmations, dra- been able to have a productive year cial nominees than in any year of his matically more than President Reagan, while restoring fairness to the judicial presidency. He had 66 judicial nominees who Senator HATCH often calls the all- confirmation process. I regret that the confirmed that year, but the Senate time champ. This, too, demonstrates White House has chosen the strident simply could not get to the other 53 how fair Democrats have been. Perhaps path that it has with respect to judi- nominees he submitted in response to some may say we have been foolishly cial nominations, especially to the cir- the creation of dozens of new judge- fair, given how Democrats were treated cuit courts. As several Senators noted ships. So, even though some of his in the past. We have exceeded the pace last week, the Administration does not nominees were returned, the Senate set in 1992, 1993 and 1994, with 74 con- have carte blanche to insist on an ideo- confirmed a substantial number, 66, of firmations to date in little more than a logical takeover of the Courts of Ap- his judicial nominees in the 10 months year. peals with activist ultra-conservative they were in session that year, which In fact, when we adjourned for the nominees intended to tip the balance in was an election year, by the way. August recess we had given hearings to circuits around the country. The total Perhaps coincidentally, 66 is the 91 percent of this President’s judicial number of district and circuit court highest number of judicial confirma- nominees who had completed their pa- confirmations now stands at 74, and tions in one year that Republicans ever perwork and who had the consent of there remain a few weeks left in this allowed President Clinton to reach. both of their home-State Senators. session. So while we have been working They averaged 38 judicial confirma- That is, 84 of the 92 judicial nominees hard and productive, the Judiciary tions per year. In the last two years of with completed files had received hear- Committee and the Senate have not be- the Clinton Administration, Repub- ings. come a rubber stamp. licans allowed only 33 and 39 judges to Any way you look at the numbers, I am proud of the efforts of the Sen- be confirmed, respectively in 1999 and raw numbers or percentages, compari- ate to restore fairness to the judicial 2000. President George H.W. Bush had sons with the prior six years of Repub- confirmation process over this time. 66 confirmations in his last year of of- lican control or with prior Congresses The Senate Judiciary Committee is fice, an election year. In President and Republican presidents, the Demo- working hard to schedule hearings and Clinton’s last year in office only 39 crats have done more in less time. We votes on additional judicial nominees, judges were confirmed, during Repub- have been more fair by far. Yet we have but it takes time to deal with a mess of licans control. In 1996, Republican al- been unfairly labeled as obstructionist the magnitude we inherited. I think we lowed only 17 judges to be confirmed, because we have not been able to have have done well by the federal courts none to the circuit courts. In those two hearings for every single judicial nomi- and the American people, and we will election years combined Republicans nee in the short period we have been in continue to do our best to ensure that allowed only 56 confirmations. In 1992, the majority. This President still has all Americans have access to federal an election year, Chairman BIDEN over two years left in his term. judges who are unbiased, fair-minded pushed through 66 confirmations. I withhold the remainder of my time. individuals with appropriate judicial Unlike Democrats in 1992, Repub- The PRESIDING OFFICER. The Sen- temperament and who are committed licans cannot honestly claim that they ator from Utah. to upholding the Constitution and fol- moved a substantial number through Mr. HATCH. Madam President, I rise lowing precedent. but could not get to them all. Con- today to respond to some of the amaz- When the President sends judicial firming only 39 judicial nominees in ing assertions made by my distin- candidates who embody these prin- 2000 and returning more than that, 41, guished colleague and friend from ciples, they will move quickly, but in that year alone, simply does not Vermont. Of course, I do so with some when he sends controversial nominees compare with what happened in 1992 trepidation because each time we have whose records demonstrate that they when Democrats worked hard to move a back and forth like this one, I help lack these qualities and whose records through 66 of the first President Bush’s my colleague further the impression are lacking we will take the time need- judicial nominees in the space of 10 that he is out to create and that he has ed to evaluate their merits and to vote months. If 66 was such an easy number done a good job of creating, especially them up or down. to reach, why did Republicans reach with the press. I would like to thank the Members of that level only once in six years of con- The impression my colleague is seek- the Judiciary Committee who have la- trol? The answer is easy. They did not ing to create is that both sides come to

VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.017 S09PT1 S8344 CONGRESSIONAL RECORD — SENATE September 9, 2002 the table with unclean hands in the In an attempt to cloud up the rejec- introduce ideology into the confirma- matter of confirmations. It is a false tion of Justice Owen’s nomination, I tion process. I am heartened that edi- impression and it provides a smoke- have also heard my colleagues point to torial and op-ed writers across the screen of the stark reality of the poor the Clinton judges from Texas in par- country reflect not only support for performance of the Judiciary Com- ticular who never got a hearing. One Justice Owen but also the near uni- mittee this past year and during this said at the Owen hearing that I did not versal rejection of this misguided ef- session. give them a hearing. It was a very un- fort to make the independent Federal Naturally, my friend takes pride in fair characterization, and I will re- judiciary a mere extension of Congress his accomplishments this year, but not spond to it now. and less than the independent, coequal all of them. Let me list a few he As my friend knows well enough, nei- branch it was intended to be. misses. President Reagan took pride in ther of those nominees had the support Let me respond further to my good nominating the first woman to the Su- of their home state Senators. This pre- friend from Vermont. He is right that preme Court. My Democrat colleagues vented me, and would have prevented in this session so far the Senate has have now presided over the ‘‘Borking’’ the distinguished Senator from confirmed 73 judges. There is much ea- of the first woman in history, and one Vermont, if he were in my shoes, from gerness in my friend’s voice asserting of the leading women jurists in this scheduling a hearing for them. In part, that this number compares favorably country, Priscilla Owen. this was because President Clinton ig- to the last three sessions of Congress My colleague has also set a new nored the Texas Senators and the during which I was chairman. record for a Judiciary Committee Texas nominating commission in mak- Although I am flattered to hear my chairman. He has voted in 1 year ing those nominations. The practice of record used as the benchmark for fair- against more judicial nominees than honoring the home State Senators is ness, I am afraid this does not make for any chairman in the 212 years of the not one I put in place; it was put in a fair comparison because I was never Republic. Moreover, most of my Demo- place under Democrat leadership of the chairman during any of President Clin- crat colleagues on the Judiciary Com- committee, and appears agreeable to ton’s first 2 years in office. mittee have voted against more judi- Let me repeat that. I was never cial nominees in this last one year both parties. Today, Democrat Senators from the chairman of the Judiciary Committee than I have in my 26 years on the Judi- States of North Carolina, California, during any President’s first 2 years in ciary Committee. I voted against only and Michigan have prevented the Judi- office. I am glad to say, therefore, that one Clinton nominee, only one, but as ciary Committee from holding hearings the proper comparison is not, as they painful as that was, I did it standing on six of President Bush’s original Cir- say, about me. straight for all to see in the disinfect- My colleague speaks of the last 15 ant light of the Senate floor, not in the cuit Court of Appeals nominees who months when I was chairman, but this shadows of a committee vote. were nominated a year and a half ago, Also, in rejecting Justice Owen, my some of the greatest nominees I have compares apples to oranges. During President Clinton’s first Con- Democrat colleagues rejected for the seen in the whole time I have been in gress, when Senator BIDEN was the first time in history a nominee who has the Senate and on the Judiciary Com- chairman of the Judiciary Committee, received the American Bar Associa- mittee, now 26 years. the Senate confirmed 127 judicial nomi- tion’s unanimous rating, highest rating I know there are those who seem to of well qualified, the rating that ear- justify wrong in childlike fashion with nees. And Senator BIDEN achieved this lier this year they announced to be the the intellectual crutch of, ‘‘They did it, record despite not receiving any nomi- gold standard for judicial nominees and too.’’ Let me say that we Republicans nees for the first 6 months—in fact, which, of course, they now criticize be- have never done what was done to Jus- Senator BIDEN’s first hearing was held cause the independent body has rated tice Owen. I can’t think of anything in on July 20 of that year, more than a President Bush’s nominees as highly history that compares to that. Some week later than the first hearing of qualified as any we have ever seen. Democrats have attempted to leave the this session, which occurred on July 11, In other words, Priscilla Owen, who impression that Republicans have un- 2001. Clearly, getting started in July of had the support of both home State clean hands so as to soften the scrutiny year one is no barrier to the confirma- Senators, which is a requisite for con- of what was done to Justice Owen. The tion of 127 judges by the end of year sideration by the Committee, who had American people will see through this. two. But we have confirmed only 73 the highest rating given by the Amer- But let me assure you, none of those nominees in this session. ican Bar Association for a judicial nominees who did not get hearings Senator BIDEN’s track record during nominee, who is a supreme court jus- would trade places with Charles Pick- the first President Bush’s first two tice in Texas, and who, by anybody’s ering of Mississippi or Priscilla Owen years also demonstrates how a Demo- measurement who is fair, is in the of Texas. It is beyond peradventure crat-led Senate treated a Republican mainstream of American jurispru- that they would prefer to be ghosts of President. Then-Chairman BIDEN pre- dence, was dumped unceremoniously in nominations past than called racists, sided over the confirmation of all but 5 the committee by a 10-to-9 party vote, unjustly called racists, and have their of the first President Bush’s 75 nomi- a partisan party vote at that, and with- fine records of public service soiled by nees in that first two-year session. out giving her nomination the chance the Judiciary Committee. Chairman THURMOND’s record is simi- of being brought up on the floor of the I am heartened to know that beyond lar. The contrast to the present could Senate where I believe she would have the overwhelming support from her hardly be starker. passed, if not overwhelmingly, cer- home State of Texas and scores of op- Mr. President, we are about to close tainly comfortably. eds written across the country in sup- President Bush’s first 2 years in office I have heard my colleague from port of the Owen nomination, Justice having failed the standards set by Vermont defend against that by listing Owen’s nomination to the Fifth Circuit Chairmen BIDEN and THURMOND. That the 42 judicial nominees who did not has received editorial support from is nothing over which to be proud. We get confirmed by the end of the Clinton over 24 newspapers published across the still have 80 vacancies on the courts, administration. He doesn’t point out Nation and across the political spec- and 32 emergency vacancies. that there were 54 nominees left hang- trum. I have previously submitted Mr. President, one final point about ing at the end of the first Bush admin- these for the RECORD. Justice Owen. Much of the opposition istration when they were in charge. Prior to the vote in Committee, only against her was driven by interest And he does not explain that most, if three newspapers, in fact—in New groups that advocate for the right to not all, of the nominees left hanging at York, Los Angeles, and San Fran- abortion. Yet in Justice Owen we had the end of the Clinton administration, cisco—had come out firmly against the the first nominee we have considered however qualified, did not progress be- nomination. this session who has, as a judge, read cause either they were nominated too I am heartened by this national sup- those cases, cited them, quoted them, late or did not have their home state port not just for the sake of Justice applied them and followed them. She Senators’ support or had other prob- Owen, but because at her hearing I ex- did, however, interpret the new Texas lems that we cannot address. pressed alarm at the efforts of some to parental notice law and sought in one

VerDate Sep 04 2002 01:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.019 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8345 particular case to make it rarer to by- Let’s speak truth to power. Justice cial litigation and representing clients pass than some of her colleagues on the Owen was picked to be opposed because at both the trial and appellate levels. court, although the Texas Supreme she is a friend of President Bush from Judge Marra gained experience in a va- Court agreed in most all other re- Texas. She was opposed by an axis of riety of matters, including antitrust, spects. profits. This axis of profits combines contracts, construction defects, condo- Of course, the charge that she is a ju- the money of trial lawyers and the minium and homeowner association dicial activist was a cynical trick of abortion industry to fund the Wash- disputes, and employment and housing words from Washington special interest ington special interest groups, and discrimination. lobbyists who have made their careers spreads its influence to the halls of In 1996 Judge Marra was appointed to taking positions without letting the power in Washington and in State the Fifteenth Judicial Circuit in Palm words of the Constitution stand be- courts across this country. Beach County, Florida. He has served tween them and their political objec- The Opposition against Justice Owen in the civil, family and criminal divi- tives. was intended not only to have a sions. Why did they oppose her? Ironically chilling effect for women jurists that Judge Marra will make a fine mem- enough, they are doing so because they will keep them from weighing in on ex- ber of the Federal bench. do not like the Texas statute requiring actly the sorts of cases that most in- I reserve the remainder of my time. parental notice in cases of abortions vite their participation and their per- The PRESIDING OFFICER. The Sen- ator from Vermont is recognized. for children. Justice Owen voted to spectives as women, but also on all Mr. LEAHY. Madam President, I am give the statute some meaning. Justice judges in all State courts who rule on sure it was inadvertent that when the Owen’s opponents think a minor should cases the trial lawyers want to win and distinguished Senator from Utah was always be able to avoid the Texas Leg- cash in on. talking about the editorials against islature’s standards. It is the groups al- When my colleagues voted against the nominee, Priscilla Owen, he said lied against Justice Owen who are the her, they chose to besmirch a model there were only three against. judicial activists, the ones who are young woman from Texas, who grew I refer, for example, to the Atlanta looking to achieve in the courts an up, worked hard and did all the right Journal-Constitution, and I will quote outcome that is at odds with the law things—including repeatedly answering from it and then put the whole edi- passed by the elected legislators. the call of public service at sacrifice of torial in the RECORD. Let’s be clear that the opposition to personal wealth and family. My Demo- I ask unanimous consent that arti- Justice Owen was all about abortion. crat colleagues voted, in effect, against cles in opposition to her be printed in But in Justice Owen’s case, it was not the American promise of fairness. the RECORD. that she opposed abortion rights—no This is a young woman who gave up There being no objection, the mate- decision of hers ever denied that right. a lucrative career to give public service rial was ordered to be printed in the I fear that the opposition to Justice on the Texas Supreme Court, and who RECORD, as follows: Owen is not about abortion rights ex- deserves to be on the Fifth Circuit [From the New York Times, Sept. 4, 2002] actly, but something much more insid- Court of Appeals. THE WRONG JUDGE ious—it was not about abortion rights Such a vote should have taken place Priscilla Owen, President Bush’s latest exactly but about abortion profits. in the light of this Senate floor, but nominee to the United States Court of Ap- Simply put, the abortion industry is the American people will hear of the peals for the Fifth Circuit, has been at times opposed to parental notice laws be- result notwithstanding the shadows. so eager to issue conservative rulings in cause they place a hurdle between I only hope the American people will cases before her on the Texas Supreme Court them and their clients—not the girls repair the damage done to the Con- that she has ignored statutory language and who come to them, but the adult men stitution when they vote in November. substituted her own views. This criticism who pay for the abortions. These adult I have reviewed Mr. Marra’s distin- comes not from the ‘‘special interest groups’’ she has charged with misstating her record, men, whose average age rises the guished career and I can say, without but from Alberto Gonzales, President Bush’s younger the girl is, are eager not to be hesitation, that he will be an excellent own White House counsel. Mr. Gonzales, who disclosed to parents, sometimes living addition to the prestigious Southern served with Justice Owen on the Texas high down the street. At $1,000 per abortion District of Florida. court, once lambasted her dissent in an abor- and nearly 1 million abortions per Mr. Marra comes to the federal bench tion case for engaging in ‘‘unconscionable year, the abortion industry is as big as with a unique and extremely useful . . . judicial activism.’’ Mr. Gonzales says any corporate interest that lobbies in qualification: Judge Marra is a former today that he nonetheless supports the ele- Social Studies teacher at Elmont Me- vation of Justice Owen. We do not. Washington. They not only ignore the In choosing a nominee for the Fifth Cir- rights of parents to hide their young morial High School in Elmont, New cuit—the powerful federal appeals court for daughters’ abortions, they also protect York. After teaching high school for Texas, Mississippi and Louisiana—President sexual offenders and statutory rapists. several years, Judge Marra Bush has looked to the extreme right wing of And who are the lobbyists for the inexplicably decided to change career the legal profession. Even on Texas’ conserv- abortion industry? Exactly the same paths and went to law school, grad- ative Supreme Court, Justice Owen has dis- cast that has launched an attack on uating from Stetson University College tinguished herself as one of the most con- Justice Owen. One wonders, as col- of Law in 1977. He then went to work servative members. A former lawyer for the umnist Jeff Jacoby did in the Boston for the United States Department of oil and gas industry, she reflexively favors manufacturers over consumers, employers Globe, who are the extremists on this Justice as part of its honor law grad- over workers and insurers over sick people. issue, who is out of the mainstream? uates program. While at the Depart- In abortion cases Justice Owen has been re- Not Justice Owen—82 percent of the ment of Justice, he was involved in sourceful about finding reasons that, despite American people favor consent and no- litigation which sought to protect the United States Supreme Court holdings and tice laws such as Justice Owen inter- land, water and mineral rights of Na- Texas case law, women should be denied the preted—86 percent in Illinois. tive Americans from encroachment and right to choose. I will say it again, while my col- to regain such resources that had been Justice Owen’s views are so far from the leagues continue in general to apply an mainstream that, on those grounds alone, wrongfully lost over the years. the Senate should be reluctant to confirm abortion litmus test, the assault After three years with the Depart- her. But what is particularly disturbing against Justice Owen was not about ment of Justice, Judge Marra joined about her approach to judging is, as Mr. abortion rights, it was about abortion the law firm of Wender, Murase & Gonzales has identified, her willingness to profits. It is not about a woman’s right White of Washington, D.C., where he ignore that text and intent of laws that to an abortion, it is about assailing pa- was involved in patent and trademark stand in her way. In an important age dis- rental laws that threaten the men who litigation, corporate law and litigation crimination case, Justice Owen dissented to pay for abortions. It is whether parents in the area of federal Indian law. In argue that the plaintiff should have to meet a higher standard than Texas law requires. should at least know, not even consent 1984 Judge Marra joined the law firm of Justice Owen has also shown a disturbing to, but just know, when a minor child Nason, Gildan, Yeager, Gerson & lack of sensitivity to judicial ethics. She has is having an abortion paid for by an White. He worked at that firm for the raised large amounts of campaign contribu- adult. next twelve years focusing on commer- tions from corporations and law firms, and

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.003 S09PT1 S8346 CONGRESSIONAL RECORD — SENATE September 9, 2002 then declined to recuse herself when those Circuit has a long and honorable history—de- icy of nominating judges who believe in the contributors have had cases before her. And fending civil rights during the 1960s and the law more than any ideological agenda. as a judicial candidate, she publicly endorsed rights of asbestos workers, systematically a pro-business political action committee deceived and injured by their employers, in [From the San Francisco Chronicle, July 23, that was raising money to influence the rul- the 1970s. Owen would add nothing positive 2002] ings of the Texas Supreme Court. to that legacy. FEINSTEIN’S DECISIVE MOMENT After the Senate Judiciary Committee re- Americans want independent, common- Sen. Dianne Feinstein, D-Calif., faces a jected Judge Charles Pickering, another far- sensical and capable judges, not those whose momentous decision. Today, the Senate Ju- right choice, for a seat on the Fifth Circuit political ideology—from either direction— diciary Committee will hold hearings on earlier this year, the Bush administration wins them a nomination. As long as Bush Priscilla Owen, the president’s candidate for declared that it would not be intimidated continues to exclude the American Bar Assn. a lifetime appointment to the United States into choosing more centrist nominees. Sadly, from the nomination process, he should not Court of Appeals for the Fifth Circuit. With the administration has lived up to its threat. be surprised that his choices draw fire. the committee divided along party lines, In this dispute the Senate is right: the ad- Feinstein could cast the decisive vote. ministration should stop trying to use the [From the San Antonio Express-News, July When George W. Bush became president, he judiciary to advance a political agenda that 21, 2002] excoriated judicial activism and vowed to is out of step with the views of most Ameri- BUSH COURT CHOICE SHOULD BE REJECTED nominate justices who interpret the law, in- cans. Once competency is established, the most stead of trying to rewrite it. Justice Owen is a choice that makes sense important qualification for a judge is com- Priscilla Owen simply does not satisfy the for Justice Department ideologues who want mitment to following the law as it is writ- president’s own criteria for this position. Ac- to turn the courts into a champion of big ten—regardless of personal philosophy. cording to a report issued by People For the business, insurance companies and the reli- Justice Priscilla Owen is clearly com- American Way, a liberal advocacy group, gious right. But the American people deserve petent, but her record demonstrates a re- Owen has demonstrated a disturbing pattern better. Justice Owen’s nomination should be sults-oriented streak that belies supporters’ of overruling the law when it clashes with rejected. claims that she strictly follows the law. her conservative ideology. Because of Owen’s record as a member of In one case, for example, Owen’s dissenting [From the Los Angeles Times, July 23, 2002] the Texas Supreme Court, the Senate Judici- decision would have effectively rewritten a IDEOLOGUES ALL IN A ROW ary Committee should reject her nomination key Texas civil rights law by making it more Last year President Bush eliminated the to sit on the U.S. 5th Circuit Court of Ap- difficult for employees to prove discrimina- American Bar Assn. from the process of vet- peals. tion. Her colleagues on the bench—mostly ting potential judicial nominees, a role it Her most infamous opinions involve cases Bush appointees—wrote that her ruling ‘‘de- performed ably and in a nonpartisan way for in which minors were seeking a legal bypass fies the Legislature’s clear and express lim- the nine presidents before him. Now he relies allowing them to get an abortion without pa- its on our jurisdiction.’’ on the ideological tests of the very conserv- rental consent. With respect to reproductive rights, Owen ative Federalist Society. In those cases, she consistently landed in a advocated a far more restrictive interpreta- Not surprisingly, the men and women who small court minority that opposes such by- tion of the Texas law that allows a minor to pass this rigid test look remarkably alike on passes, while a majority of her fellow judges obtain an abortion without parental notifi- the bench. They often side with business in on an all-Republican court upheld the law as cation. Her dissent prompted then-Justice disputes involving employee rights, con- legislators wrote it. Alberto Gonzales, now the White House Former Justice Al Gonzales clearly point- sumers and the environment. They strongly counsel, to write that her opinion con- ed that out. In an opinion that countered a oppose abortion, and their opinions reveal a stituted ‘‘an unconscionable act of judicial dissent she supported, he wrote: ‘‘To con- strong streak of judicial activism dressed up activism.’’ Gonzales, naturally, now ex- strue the Parental Notification Act so nar- as traditional principle. presses the White House party line, hailing Priscilla Owen is among them. A protege of rowly as to eliminate bypasses, or to create Owen’s integrity and ability. ‘‘I’m confident Bush confident Karl Rove, who engineered hurdles that simply are not to be found in she will follow the law as defined by the Su- her 1994 election to the Texas Supreme the words of the statute, would be an uncon- preme Court,’’ Gonzales was quoted as say- Court, Owen is a nominee to a seat on the scionable act of judicial activism.’’ ing in the San Antonio Express-News. Now serving as President Bush’s White U.S. 5th Circuit Court of Appeals. She comes But close observers of her Texas record are House counsel, Gonzales is defending his before the Senate Judiciary Committee less confident of her objectivity. Danielle former state court colleague. However, opin- today to defend a record of indifference to Tierney, a Planned Parenthood spokes- ions she wrote in the parental consent cases the problems of most Americans. woman from Texas, said Owen has ‘‘a record show a clear line between strict construc- Senators should ask her why, for example, of active opposition to reproductive and tionist judges and activists. she voted to reverse a jury verdict in favor of women’s rights.’’ Owen, who remains on the state’s high a woman who had sued her health insurance Owen has also tried to finesse laws that court, is an activist. company for refusing necessary surgery to In recent years, judicial nomination strug- protect public information rights, the envi- remove her spleen and gallbladder. Her col- gles on Capitol Hill have become a game, ronment, and jury findings. league on the Texas high court, Alberto played by both parties, or petty obstruc- The point is, Owen has created a strong Gonzales, now Bush’s top legal advisor, dis- tionism. record of ‘‘rewriting’’ the law when it does sented, writing that Owen’s decision turned The Senate should not block a judicial not match her conservative convictions. the legal standard in that case ‘‘on its head.’’ nominee simply because he or she is more This is why it is vital that Feinstein reject Gonzales, a solid conservative himself, also conservative or more liberal than the Sen- this nomination. took issue with Owen in an abortion case ate’s majority party. that should draw tough questions from Sen. It also should not engage in petty personal [From the Dallas Morning News, July 16, Dianne Feinstein (D–Calif.), chairwoman of attacks. But concerns about Owen go to the 2002] today’s hearing. Texas law allows pregnant heart of what makes a good judge. JUSTICE OWEN: PERPETRATOR OR VICTIM OF teenagers in some instances to seek permis- When a nominee has demonstrated a pro- POLITICS? sion from a judge to have an abortion with- pensity to spin the law to fit philosophical HER ACTIVISM HAS BEEN EXTREME, EVEN BY out their parents’ consent. Owen has beliefs, it is the Senate’s right—and duty—to TEXAS STANDARDS staunchly opposed such ‘‘judicial bypasses.’’ reject that nominee. (By Craig McDonald) In one case, Gonzales, wrote, Owen’s opinion A hearing on Owen’s nomination is set for would have ‘‘create[d] hurdles that simply this week. Texas Supreme Court Justice Priscilla are not found in the . . . statute’’ and would Although Owen should be rejected for a Owen, who faces a Senate Judiciary Com- be ‘‘an unconscionable act of judicial activ- lifetime appointment, the Democrat-con- mittee hearing Thursday on her nomination ism.’’ in other cases, her colleagues have ac- trolled Senate should have given her a hear- to the 5th U.S. Circuit Court of Appeals, cused her of ‘‘inflammatory rhetoric.’’ ing long ago. Bush nominated Owen on May flunks the stated judicial criteria of both For all this, Owen’s nomination puts Fein- 9, 2001. President Bush and the Democratic chair- stein in a tough spot. She was chairwoman Owen and the president were owed better man of the Judiciary Committee. last March when the Judiciary Committee treatment. Even nominees who are destined Although the president nominated Justice rejected Charles Pickering, another Bush for rejection deserve timely consideration, Owen, she flunks his own pledge to appoint pick for the 5th Circuit. She is anxious to and the Democrats should pick up the pace ‘‘strict constructionists’’ who narrowly in- avoid being labeled obstructionist. But given in considering Bush’s judicial picks. terpret laws rather than write opinions pro- her repeated calls for mainstream nominees, During his years as Texas governor, Bush moting a political agenda. ‘‘I want people on not to mention her long support for abortion did a masterful job of selecting quality, mod- the bench who don’t try to use their position rights, Feinstein should vote no, and so erate judges. But his decision to nominate to legislate from the bench,’’ Mr. Bush has should her colleagues. Owen is a disappointment. said. Yet Justice Owen’s record on the Texas Although it is now one of the most con- We urge Bush to take more care in future Supreme Court is one of a judicial activist servative appellate federal courts, the 5th nominations and return to his previous pol- who seeks to make laws from the bench.

VerDate Sep 04 2002 04:40 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.007 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8347 Justice Owen also flunks the criteria of Why then is it so darn hard to find these who is pushing her judicial nomination. But Senate Judiciary Committee Chairman Pat- kind of plain-and-simple judges? The answer, politics should not be the primary measure rick Leahy, who has pledged to stop any of course, is the dreaded P word; politics. of a judge’s ability to administer justice. ‘‘ideological court packing.’’ Justice Owen’s The ongoing battle in the Senate Judiciary As much as it pains me to say it, Justice record has established her as an ideological Committee over the nomination of Priscilla Enron should stay put in Texas. extremist out of the mainstream—even on Owen to the 5th U.S. Circuit Court of Ap- the all-conservative Texas Supreme Court. peals is a perfect example of how politics is [From the Houston Chronicle, July 31, 2002] Justice Owen’s extreme opinions have mo- making a certifiable mess of America’s judi- DIFI, OWEN WOULD BE VERY ODD COUPLE bilized a large coalition of Texas organiza- cial system. (By Cragg Hines) tions working to stop her appointment. The In seven years on the Texas Supreme groups fighting her nomination range from Court, the only way moderate-thinking peo- Sen. Dianne Feinstein, a wonderfully calm, the Texas chapter of the American Associa- ple in Texas survived Owen’s relentless cool Californian, loves to be the swing vote. tion of University Women to the Women’s ultra-conservative dissents was to toughen It increases the sense that she is unbought Health and Family Planning Association. our stomachs and take her many efforts to and unbossed, and it makes her political cur- They include the AFL–CIO, the National As- rewrite our state laws one day at a time. rency slightly more valuable than that of sociation for the Advancement of Colored This is a woman who has consistently ruled colleagues who fall predictably one way or People, Planned Parenthood, the Texas Civil against consumers, has routinely overturned another on an issue. Rights Project, the Texas Abortion Rights decisions of juries, has curtailed access to Part of this is political tromp l’oeil, an il- Action League and others. public records, and by anyone’s measure is lusion so strong that it’s difficult to tell it’s While each of those organizations has its an avid anti-abortion ideologue. not genuine. For, when the roll is called, own reasons for opposing Justice Owen, my Mind you: the Texas Supreme Court is no only rarely is Feinstein not reliably found group—Texas for Public Justice—is particu- bastion of liberalism. The nine members of where she sought to be—in her regular cen- larly troubled by the fact that she has the court are 100 percent pedigree Repub- ter-left Democratic pew. amassed a body of rulings that advance the lican, but Owen was such a right-wing activ- Which brings us to the nomination of Jus- agendas of the special interests that ist she managed to earn the nickname ‘‘Jus- tice Priscilla Owen of the Texas Supreme bankrolled her judicial campaigns. Thirty- tice Enron’’ for accepting $8,600 in Enron Court to be a judge on the 5th U.S. Circuit seven percent of the $1.4 million that Justice campaign funds in one year—$1,000 of it from Court of Appeals, a place where the conserv- Owen raised for her Supreme Court cam- Kenneth Lay himself—and turning around ative judicial activist, corporate suck-up and paigns came from donors with a direct stake the next and writing an opinion that saved made member (blood oath?) of the Federalist in case in her court. Enron $225,000 in school taxes. Society has no earthly place being. Letting special interests bankroll judicial As one of only nine states in the nation Feinstein ran last week’s hearing by the campaigns has shattered public confidence in with the sorry system of electing our judges Senate Judiciary Committee on Owen’s nom- Texas courts. A 1999 Texas Supreme Court with expensive campaigns paid for by the ination and said she was ‘‘keeping an open poll found that 83 percent of Texans, 79 per- very lawyers and businesses that come be- mind’’ regarding President Bush’s deter- cent of Texas lawyers and 48 percent of fore these judges for justice, Texas gets ex- mination to give Owen lifetime employment. Texas judges say campaign contributions actly the kind of justice we deserve. In the (For the forgetful: Bush and Owen both got significantly influence judicial decisions. case just mentioned, for example, Enron paid their start in statewide politics as clients of Commenting on the poll, U.S. Supreme Court for the privilege of robbing the public school the White House political high priest, Karl Justice Anthony Kennedy said, ‘‘The law children of Spring, a Houston suburb, of Rove.) commands allegiance only if it commands their rightful share of taxes. Feinstein’s self-advertised ‘‘open mind’’ is respect. It commands respect only if the pub- I don’t expect President Bush to nominate about the only hope for supporters of Owen. lic thinks judges are neutral.’’ judges to the federal bench with whom I The Judiciary Committee’s nine Republicans Since Justice Owen joined the high court agree politically. But I do expect Bush to need one of the panel’s 10 Democrats to vote in 1995, she has written and joined a slew of nominate people to lifetime positions on the with them to get the nomination to the opinions that favor businesses over con- federal bench who meet Bush’s own stand- floor. sumers, defendants over plaintiffs and judges ards of ‘‘strict constructionists,’’ judges who If the nomination is not cleared by the over lawmakers and juries. A 1999 study by will interpret rather than write the law. committee, it’s dead. None of this sending it Austin-based Court Watch found that indi- Owen fails the Bush test. to the floor without a recommendation in a viduals won just 36 present of their cases In no less than a dozen cases in which the Senate with a one-vote Democratic margin during Justice Owen’s tenure, compared to a Texas Supreme Court was asked to allow a and run by Majority Leader Tom Daschle, D– win rate of 66 percent for businesses, 70 per- pregnant teenager to bypass the state’s pa- S.D. cent for insurers and 86 percent for medical rental notification requirement and have an (Owen opponents would still like to hear interests. abortion, Owen voted every time to deny the something definitive from two other While all nine Texas Supreme Court jus- bypass and created hurdles that were not Demoracts—Sen. Joseph R. Biden, Jr. of tices are pro-business conservatives, Justice written in the state’s law. In one case, when Delaware, who did not show up for last Owen and Nathan Hecht became an isolated lawyers for a high school senior requested week’s hearing, and the enigmatic gen- bloc of extremist dissent about 1998. that the court act quickly on the girl’s re- tleman from Wisconsin, Sen. Russell D. Fein- Masquerading as ‘‘strict constructionists,’’ quest for permission to bypass the notifica- gold—but the focus is on Feinstein.) Justices Owen and Hecht have promoted the tion requirement, Owen wrote a dissent that Owen’s opponents believe that Feinstein interests of big business and the far right asked: ‘‘Why then the rush to judgment?’’ will eventually vote against the Texas jurist, with much less restraint than their fellow The girl was in the 15th week of pregnancy but they cannot be absolutely certain. Fein- Texas justices. That ultraconservative activ- at the time. stein is not about to help them divine the or- ism is all the more disturbing, given that it Owen’s rulings in these abortion notifica- acle at the moment. mirrors the agenda of the top donors to their tion cases were so strident that Alberto ‘‘I’ve been giving it a great deal of judicial war chests. Gonzales, now Bush’s White House counsel thought,’’ Feinstein said this week as the In making lifetime appointments to fed- but then a member of the Texas Supreme Senate headed toward summer recess. ‘‘I’m eral appeals courts, the president and the Court, wrote in a majority opinion that not going to let my decision be known, but Senate can—and should—do better. Justice Owen and two other dissenting justices were at an appropriate time, I will. Owen lacks criminal trial experience, has thwarting the clear intent of the law. To ac- ‘‘What I’ve said, and I’ve taken this posi- taken more than $500,000 in judicial con- cept their reasoning, he wrote, ‘‘would be an tion, I think, rather scrupulously, is that I tributions from interests with cases in her unconscionable act of judicial activism.’’ don’t make up my mind until after the hear- court and has produced a body of activist Gonzales finds himself in the role of reluc- ing.’’ opinions that are extremist—even by Texas tant cheerleader for Owen. In a telephone There was little in the hearing that should standards. interview from his office in the West Wing lead Feinstein, or any senator, to believe the other day, Gonzales claimed that he that Owen is anything but the very bright, [From the San Antonio Express-News, July never accused Owen of judicial activism and very ideological, very driven hard-right ju- 21, 2002] believes she would be an excellent judge. His rist revealed in her work over the last seven JUDGE OWENS FLUNKS BUSH’S OWN ‘‘STRICT opinion has written in black-and-white only years on Texas’ highest civil court. CONSTRUCTIONISTS’’ TEST two years ago—he clearly called her dissent Finally, Sen. Richard J. Durbin, D-Ill, (By Jan Jarboe Russell) an ‘‘unconscionable act of judicial activ- asked Owen directly about her position on In a perfect world, there wouldn’t be ‘‘lib- ism’’—but maybe in his struggle to find the abortion. eral’’ judges or ‘‘conservative’’ judges, there gray, Gonzales meant that he thought all of ‘‘My position is that Roe v. Wade has been would just be good judges. After all, if you three of the judges were unconscionable. the law of the land for many, many years ask ordinary people what they want in a fed- Who knows? Politics makes people parse ...,’’ Owen said, noting that decision had eral judge, what they want are judges who words very carefully. been modified (and made more restrictive by are fair, learned and impartial, judges who Owen’s political credentials are indeed im- subsequent rulings). ‘‘None of my personal have the ability to lay aside their own polit- pressive. She is a protege of Karl Rove, the beliefs would get in the way of me applying ical views and do their public duty. president’s political adviser, and it is Rove that law or any other law.’’

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.011 S09PT1 S8348 CONGRESSIONAL RECORD — SENATE September 9, 2002 But Owen’s record, in a series of recent islature that she was even criticized by fel- was never given a hearing or a vote; abortion-related cases, suggests otherwise. low conservatives on the state Supreme Judge Stephen Orlofsky, from the In all but one of the cases, Owen sought to Court, including Alberto Gonzales, who is Third Circuit, was never given a hear- tweak and torture the Texas law to some- now Bush’s White House counsel. ing or a vote; Judge Andre Davis, from thing not intended by the Legislature. On abortion, age and employment dis- Feinstein was listening to all of this and, crimination, insurance and tax matters, the the Fourth Circuit, was never given a one assumes, took it on board. In case she former corporate oil lawyer repeatedly em- hearing or a vote; and Enrique Moreno, didn’t, an editorial in The Los Angeles Times bellished the plain language of the law to re- of the Fifth Circuit, was never given a the morning of the hearing should have write it to conform with her own ideological hearing and never given a vote. helped: The work of Owen and similarly situ- views. She also found ways to side consist- These are people with the highest ated conservative jurists ‘‘reveal(s) a strong ently with corporations, including Enron, possible rating from the ABA. Repub- streak of judicial activism dressed up as tra- which contributed generously to her Su- licans can say they never voted against ditional principle.’’ preme Court election campaign. them. Why? Because they were never The home state newspaper parsed Fein- President Bush has accused the Senate Ju- stein’s situation: She also chaired the hear- diciary Committee of blind partisanship, but brought up and never given a vote. If ings earlier this year in which the Judiciary the facts don’t bear that out. In less than they had been given a vote, they would Committee rejected Bush’s nomination of two years, the Democratic-controlled com- have known where they stood. Charles Pickering of Mississippi for a seat on mittee has approved more Bush nominees for My good friend from Utah, perhaps the 5th Circuit Court. the federal bench than the Republican-con- inadvertently, thought I was com- ‘‘She is anxious to avoid being labeled ob- trolled Senate Committee did in six years paring a time when he was not chair- structionist,’’ The Times said of Feinstein. with President Clinton. man. I do compare a time when he was ‘‘But given the repeated calls for main- Senate Judiciary Chairman Patrick Leahy chairman. I will take the first 15 stream nominees, not to mention her long (D-Vt.) has held hearings on 82 Bush judicial support of abortion rights, Feinstein should nominations, 80 of which have been approved months that he was chairman with a vote no, and so should her colleagues.’’ Fein- by the committee. Most of those nominees Democratic President. stein said she weighs such opinion but that it have been pro-life conservatives whose per- The Democratic President nominees is not dispositive. formance on the bench the committee still got 14 hearings in 15 months; the Re- One piece of baggage Feinstein would like judged to be fair and professional. For exam- publican President nominees, under my to discard in the Owen matter is that her ple, last week the committee unanimously chairmanship, got 23 hearings. vote will have anything to do with a business confirmed Bush’s choice of Federal District Nominees who received hearings relationship that the senator’s husband, Judge Reena Raggi of New York for the 2nd Richard C. Blum, has with Dr. James under Republicans were 67; under the U.S. Circuit Court of Appeals. Democrats with a Republican Presi- Leininger of San Antonio, a generous sup- Nevertheless, Bush lashed out angrily at porter of Owen’s judicial campaign. the Owen defeat: ‘‘I don’t appreciate it one dent, 84. ‘‘I’ve never met (Leininger), talked with bit, and neither do the American people.’’ Nominees confirmed, 56; in the same him, seen him, heard from him—and that’s Quite the contrary, Mr. President. The period of time, it was 74 with us. that,’’ Feinstein said. Nor, she said, ‘‘have I American people appreciate balanced judg- Nominees voted on in committee: ever talked to my husband about this, nor ing, and thanks to the Senate Judiciary They allowed 61 during that 15 months. has he ever talked to me about it.’’ Committee, they’re getting it. We have had votes on 82 of this Presi- So Feinstein should be able to vote against Mr. LEAHY. Madam President, I ask dent’s judicial nominees. Owen with a clear conscience. unanimous consent for 1 more minute, Mr. LEAHY. In part, this article It is nice to say nominations are not with another minute to be given to the says: being handled fairly. The fact is, if we Senator from Utah. used the Republican precedent as a Senate Judiciary Committee Chairman Mr. REID. Will the Senator yield? mark of fairness, we would not have to Patrick Leahy has held hearings on 82 Bush Mr. LEAHY. Yes. judicial nominations, 80 of which have been do anything else for the rest of the approved by the committee. Most of those Mr. REID. I was going to go into a year because we are way beyond what nominees have been pro-life conservatives quorum call for 5 or 6 minutes anyway. they did. whose performance on the bench the com- If the Senators would like 3 more min- I reserve the remainder of my time. mittee still judged to be fair and profes- utes each or something, that is fine. Mr. HATCH. Madam President, how sional. For example, last week the com- Otherwise, I will go into a quorum call. much time remains on each side? mittee unanimously reported on President Mr. LEAHY. Madam President, I ask The PRESIDING OFFICER. The Sen- Bush’s choice of Federal District Judge unanimous consent for that time. ator from Utah has 4 minutes 5 sec- Reena Raggi of New York for the U.S. Cir- The PRESIDING OFFICER. Without cuit Court of Appeals for the Second Circuit. onds. objection, it is so ordered. Mr. HATCH. How much on each side? Parenthetically, I might add that Mr. LEAHY. Madam President, there The PRESIDING OFFICER. The Sen- Judge Raggi was originally appointed was a suggestion made—I am sure inad- ator from Vermont has 7 seconds. by President Ronald Reagan, a con- vertent—by the distinguished Senator Mr. HATCH. Madam President, servative Republican who promised to from Utah that it was unprecedented again, the Senator from Vermont and I appoint only judges who satisfied his to see a nominee with a well-qualified are friends, but I totally disagree with litmus test. rating be voted against. Actually, the what he has been saying. It is a smoke The American people appreciate balanced Senator from Utah has voted against screen. judging, and thanks to the Senate Judiciary such a person, like Judge Rosemary Allow me to address the fate of nomi- Committee, they’re getting it. Barkett of Florida, as have a number of nees first sent up by the first President I ask unanimous consent that the others. But then there were a whole lot Bush. In fact, some pending today editorial be printed in the RECORD. of others who we can say were not without a hearing who were nominated There being no objection, the mate- voted against? Why? Because they were by the first President Bush nearly 10 rial was ordered to be printed in the never allowed to have a vote during Re- years ago. These are nominees still on RECORD, as follows: publican control of the Senate. the list after 10 years that the Demo- Through constant repetition, conservatives This is a partial list of nominees who crats have not allowed to come up: Ter- have managed to make a code phrase out of never had a vote, but they had the rence Boyle for the Fourth Circuit and ‘‘judicial activism,’’ applying it to rulings that in their mind go beyond the words in highest rating possible: H. Alston John Roberts for the DC Circuit, con- legislation or the U.S. Constitution. But con- Johnson from the Fifth Circuit was sidered one of the two or three greatest servatives themselves are hardly immune never given a hearing by the Repub- appellate lawyers in the country before from the problem. licans; James Duffy from the Ninth the Supreme Court; Henry Saad for the Case in point: Texas Supreme Court Jus- Circuit was never given a hearing; Sixth Circuit; Ronald Leighton for the tice Priscilla Owen, rejected last week for Kathleen McCree Lewis from the Sixth Western District of Washington; and the 5th U.S. Circuit Court of Appeals by the Circuit was never given a hearing or a Richard Dorr for the Western District Senate Judiciary Committee because of her vote; Judge James Lyons, from the of Missouri. All five of these nominees record of making law from the bench. The committee made the right decision for the Tenth Circuit, was never given a vote were nominated by the first President American people. or a hearing; Allen Snyder, from DC, Bush, better than 10 years ago, but Owen’s activist judging has gone so far be- had a hearing but no vote; Judge Rob- never received committee action at yond the statutes enacted by the Texas Leg- ert Cindrich, from the Third Circuit, that time. I hope they, too, will soon

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.013 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8349 receive their long-awaited hearings and the past year, the Senate has con- his tenure as a circuit judge, Judge confirmation votes. firmed only 13. There are still 19 Cir- Marra spent 16 years practicing com- By the way, there were 42 left over at cuit Court nominees pending in Com- mercial litigation in Palm Beach Coun- the end of the Clinton administration. mittee. By comparison, at the end of ty and Washington, DC. He also served Nine of them were put up so late, there President Clinton’s second year in of- as a trial attorney with the United was no way anybody could have gotten fice, we had confirmed 19 circuit judges States Department of Justice. them through. That brings us down to and had 15 circuit court vacancies. Judge Marra is a graduate of the 33, and of the 33, there were others who There were only two Circuit Court State University of New York at Stony did not have the support of both home- nominees left pending in committee at Brook and earned his law degree from State Senators. There were those who, the end of President Clinton’s first the Stetson University College of Law for one reason or another, could not year in office. In contrast, there were in 1977. Before attending law school, make it. 23 of President Bush’s Circuit Court the judge taught social studies to high Contrast that when Bush 1 left office nominees pending in Committee at the school students in New York. and the Democrats were in control. end of last year. The strength of Judge Marra’s nomi- There were 54 left over. That is 11 more Some try to blame the Republicans nation is evident from the strong sup- than were left when President Clinton for the vacancy crisis, but that is port that he has earned from his local left office. bunk. At the end of the 106th Congress bar. When asked to comment on his If you want to talk statistics, I can when I was chairman, we had 67 vacan- nomination for a January 4 Palm talk them all day long, and I can tell cies in the Federal judiciary. During Beach Post article, Amy Smith, presi- you we have been much more fair than the past 9 months, the vacancy rate dent of the Palm Beach County Bar As- what we have seen in the first 2 years has been hovering right around 100. sociation, said, ‘‘He is an absolutely of the Bush 2 administration. Today is at 80. perfect choice: impeccable background, I suggest that instead of spending our Some think that the point of ‘‘advise extremely intelligent, consistently one time talking about the same small and consent’’ is to match statistics of the highest rated judges in the judi- handful of Clinton nominees, we should from previous years. This rear-view- cial evaluations done here.’’ Ms. Smith focus on the ones pending before us mirror driving is nonsense. The Senate said Marra’s judicial demeanor ‘‘is gra- today who never saw the light of day has a duty to exercise its advice and cious and humble. The President the last time the Democrats controlled consent, and it has done so on only 40 couldn’t have made a better choice.’’ the Senate. percent of President Bush’s appellate When the Palm Beach County Bar Justice Owen, for instance—and this court nominations so far this Congress. Association released its biennial sur- is an important point—is literally the The question is not: How many judges vey of circuit and county judges earlier first one in history who had the sup- should we let President Bush have? The this spring, Judge Marra ranked the port of both-home State Senators, the question is: Is the Senate getting its highest in the neutrality and fairness highest rating of the American Bar As- work done? category, with 63 percent of the attor- sociation, and was voted down in com- The Sixth Circuit Court of Appeals, neys rating him as ‘‘outstanding.’’ mittee and not even given a chance to which encompasses the states of Michi- In Florida, Judge Marra submitted have a vote on the Senate floor. gan, Ohio, Kentucky and Tennessee, his application to a judicial nomi- Currently, there are 80 empty seats has only 8 of 16 seats filled, leaving nating committee comprised of a di- on the Federal judiciary. That is a 9.3- that court half-empty. The President verse group of Floridians, who in turn percent vacancy rate, one of the high- has nominated 8 individuals to fill recommended three candidates to the est in modern times. This means that these vacancies, but only two have re- President for consideration. Senator 9.3 percent of all Federal courtrooms ceived a hearing, despite the fact that BILL NELSON and I interviewed these are presided over by an empty chair. two of these nominees have been pend- candidates. There are currently 21 nominees who ing since May 9, 2001. In summary, Mr. Marra is an intel- are slated to fill positions which have The U.S. Court of Appeals for the ligent, well-respected, and qualified been declared judicial emergencies by District of Columbia is also func- candidate for the Federal bench. the Administrative Office of the tioning far below its normal capacity, I appreciate the Senate’s consider- Courts. Of those, 11 are Circuit Court of with 4 out of 12 authorized judgeships ation of Judge Marra’s nomination and Appeals nominees. currently vacant. Although the Presi- look forward to working with my col- Only 5 of President Bush’s first 11 dent nominated Miguel Estrada and leagues to confirm additional nominees circuit court nominees nominated on John Roberts on May 9, 2001, to fill to Florida’s Southern and Middle Dis- May 9, 2001—a year and a half ago al- seats on this Court, they have not yet tricts, two of the largest and busiest most—have had hearings. In other been given a hearing. judicial districts in the country. words, the Judiciary Committee has The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. All time taken no action whatsoever on nearly ator’s time has expired. has expired. half of the circuit court nominations Mr. LEAHY. Madam President, last The PRESIDING OFFICER. The that have been pending for over 16 year when the Republicans controlled question is, Will the Senate advise and months. the Senate Judiciary Committee, they consent to the nomination of Kenneth There is no reason for this other than did not hold one hearing on President A. Marra, of Florida, to be United stall tactics. All of these nominees re- Bush’s nominees. We have done 82. States District Judge for the Southern ceived qualified or well-qualified rat- Mr. GRAHAM. Mr. President, I would District of Florida? The yeas and nays ings from the American Bar Associa- like to thank the Judiciary Committee have been ordered. The clerk will call tion. for recognizing the needs of Florida the roll. There were 31 vacancies in the Fed- and favorably reporting the nomina- The bill clerk called the roll. eral courts of appeals on May 9, 2001, tion of Judge Kenneth A. Marra. Mr. REID. I announce that the Sen- and there are 28 today. The Senate Ken Marra, a skilled and respected ator from Hawaii (Mr. AKAKA), the Sen- Democrats are trying to create an illu- Judge in Florida’s Fifteenth Circuit, ator from Illinois (Mr. DURBIN), the sion of movement by creating great has been nominated to serve as a Fed- Senator from Iowa (Mr. HARKIN), the media attention and controversy con- eral judge in the busy Southern Dis- Senator from Connecticut (Mr. cerning a small handful of nominees in trict of Florida. If confirmed, he will LIEBERMAN), the Senator from Mary- order to make it look like progress. fill a newly created and much needed land (Ms. MIKULSKI), the Senator from But we are not making any progress in judgeship position. Washington (Mrs. MURRAY), are nec- filling circuit vacancies. Judge Marra’s solid qualifications essarily absent. President Bush has responded to the make him an ideal candidate for serv- Mr. NICKLES. I announce that the vacancy crisis in the appellate courts ice on the Federal bench. A circuit Senator from Colorado (Mr. ALLARD), by nominating a total of 32 top-notch judge since 1996, he currently serves in the Senator from Missouri (Mr. BOND), men and women to these posts—but the the Palm Beach County Court’s civil, the Senator from Kentucky (Mr. Senate is simply stalling them. Over family and criminal divisions. Before BUNNING), the Senator from Colorado

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.024 S09PT1 S8350 CONGRESSIONAL RECORD — SENATE September 9, 2002 (Mr. CAMPBELL), the Senator from New The PRESIDING OFFICER. The Re- Marsha Berzon had been a prominent Hampshire (Mr. GREGG), the Senator publican leader. ACLU and Labor Union lawyer who op- from North Carolina (Mr. HELMS), the Mr. LOTT. Mr. President, I yield my- posed parental consent laws for minors’ Senator from Arkansas (Mr. HUTCH- self such time as I may consume under to have abortions and had worked INSON), the Senator from Pennsylvania the leader’s time. against the rights of individual work- (Mr. SANTORUM), the Senator from Ala- The PRESIDING OFFICER. The lead- ers in favor of the rights of unions. She bama (Mr. SESSIONS), the Senator from er has that right. was also a prominent and active mem- Alabama (Mr. SHELBY), the Senator f ber of the Brennan Center for Justice from New Hampshire (Mr. SMITH), the JUDICIAL NOMINATIONS that cranked out initiatives it charac- Senator from Pennsylvania (Mr. SPEC- terized as ‘‘stand[ing] up to right-wing Mr. LOTT. Mr. President, I do not TER), are necessarily absent. attacks on the judiciary.’’ want to take an extended period of The PRESIDING OFFICER (Mr. NEL- Richard Paez had written publicly of time because I know the managers of SON of Florida). Are there any other his belief that whenever judges feel leg- the legislation are here and ready to go Senators in the chamber desiring to islatures have failed to act, ‘‘there’s no forward with the very important con- vote? choice but for the courts to resolve the sideration of and amendments to the The result was announced—yeas 82, question that perhaps ideally and pref- Homeland Security Department, but I nays 0, as follows: erably should be resolved through the must comment on action last week of legislative process.’’ That is exactly [Rollcall Vote No. 211 Ex.] the Senate Judiciary Committee. the kind of judicial activism that Pris- YEAS—82 Once again, Mr. President, there has cilla Owen’s critics have falsely ac- Allen Dorgan Lugar been a tremendous miscarriage of jus- Baucus Edwards McCain tice by the Judiciary Committee. By a cused her of in order to give themselves Bayh Ensign McConnell vote of 10 to 9, a unanimous, partisan an excuse for voting against her. Paez Bennett Enzi Miller had also ruled as a district judge—prior Biden Feingold block of Democrats—10 Democrats— Murkowski to his confirmation to the appeals Bingaman Feinstein Nelson (FL) voted against the nomination of Pris- Boxer Fitzgerald Nelson (NE) cilla Owen, who had been nominated by court—that States and cities could not Breaux Frist Nickles outlaw was aggressive and intimi- Brownback Graham the President to a seat on the Fifth Reed Burns Gramm dating panhandling by the homeless be- Reid Circuit Court of Appeals. Byrd Grassley The way this nomination was han- cause it would infringe on a pan- Cantwell Hagel Roberts handler’s free speech rights. Rockefeller dled is a cause for great concern as well Carnahan Hatch Rosemary Barkett, while a Florida Carper Hollings Sarbanes as the fact that, once again, the Senate Chafee Hutchison Schumer will not have a chance to vote on a Supreme Court Justice, had argued for Cleland Inhofe Smith (OR) eminently qualified and experienced overturning the death penalty of a man Snowe Clinton Inouye nominee to serve on the Fifth Circuit who had brutally murdered a youth in Cochran Jeffords Stabenow Jacksonville and then sent a tape to Collins Johnson Stevens Court of Appeals. I am convinced that Conrad Kennedy Thomas had her nomination been permitted to the victim’s mother describing the hor- Corzine Kerry Thompson make it to the floor—as the Republican rible details of the killing. An opinion Craig Kohl Thurmond Majority in the past allowed numerous signed by Barkett opposed the death Crapo Kyl Torricelli arguing that the killing was ‘‘a social Daschle Landrieu Voinovich controversial Democrat nominees to Dayton Leahy Warner get to the floor—Judge Owen would be awareness case . . . effectuated to DeWine Levin Wellstone approved by the full Senate and she focus attention on . . . racial discrimi- Dodd Lincoln Wyden nation.’’ Domenici Lott would be confirmed. We always hear the arguments of Nevertheless, despite the misgivings NOT VOTING—18 those who say that there have been ac- and question marks from an ideology Akaka Gregg Murray tions in the past where nominees who standpoint as to whether or not they Allard Harkin Santorum should be confirmed, the Republican Bond Helms Sessions were qualified were not given votes. Bunning Hutchinson Shelby However, during the time when I was majority permitted all three of these Campbell Lieberman Smith (NH) majority leader I remember numerous nominations to come to the floor and Durbin Mikulski Specter cases where despite the belief of many be voted on by the full Senate and all The nomination was confirmed. Senators on our side that the nomi- three were confirmed. Mr. REID. I move to reconsider the nees’ views were far, far outside the Now, in contrast to these three far vote. mainstream, we still permitted their left nominees, let me speak to Priscilla Mr. LEAHY. I move to lay that mo- nominations to come to the floor. We Owen’s qualifications. tion on the table. did that because while we disagreed First of all, I am not one who thinks The motion to lay on the table was with their political and ideological it is particularly important whether agreed to. views, it was still hard to argue that the American Bar Association rates a The PRESIDING OFFICER. Under they were not professionally qualified. nominee qualified or not. But, of the previous order, the President will Mr. President, I specifically remem- course, the ABA’s judgment has been be notified of the Senate’s action. ber the nominations of Marsha Berzon, described by a number of leading f Richard Paez and Rosemary Barkett. Democrats as the gold standard in Certainly, these nominees, while they terms of evaluating a nominee’s quali- LEGISLATIVE SESSION were qualified, were in my opinion not fications to serve in the Federal judici- The PRESIDING OFFICER. Under near as qualified in the legal profession ary. Senator LEAHY and senator SCHU- the previous order, the Senate will now as Priscilla Owen. MER described it that way in a March return to legislative session. Berzon had had no judicial experience 16, 2001 letter to the President insisting f whatsoever. And a minority of the ABA that the ABA’s role in the judicial con- evaluation committee gave Berzon and firmation process had to be main- HOMELAND SECURITY ACT OF 2002 Paez only a ‘‘qualified’’ rating whereas tained. The PRESIDING OFFICER. Under the ABA committee unanimously— However, that did not prevent them the previous order, the Senate will re- unanimously—gave Priscilla Owen its from voting against Priscilla Owen sume consideration of H.R. 5005, which highest rating of ‘‘well qualified.’’ after she received a ‘‘well qualified’’ the clerk will report. Beyond professional qualifications, rating from the American Bar Associa- The legislative clerk read as follows: numerous Senators on this side of the tion—the highest possible rating they A bill (H.R. 5005) to establish the Depart- aisle also had severe concerns that could give and they gave it to her ment of Homeland Security, and for other Berzon, Paez, and Barkett were very unanimously. This is also the first in- purposes. far out of the mainstream in light of stance, I believe, that we have had of a Pending: their records which raised questions for nominee rated ‘‘well qualified’’ by the Lieberman amendment No. 4471, in the na- many Senators as to whether they American Bar Association being de- ture of a substitute. should be confirmed. feated in the Judiciary Committee and

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.019 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8351 the Senate. So, from the standpoint of writing and analytical ability, knowledge of I say to my friend, the leader, I the American Bar Association, this the law and breadth of professional experi- worry about where we are, as well. I nominee certainly more than qualified. ence . . . In investigating judicial temperament, the think we have crossed some kind of Also, Mr. President, when you look Committee considers the nominee’s compas- threshold here from which it is going at Judge Owen’s record, it is clear that sion, decisiveness, open-mindedness, cour- to be very difficult to retreat from in she has a long record of being out- tesy, patience, freedom from bias and com- the coming years. standing not only academically and in- mitment to equal justice under the law . . . I say to my friends on the other side tellectually, but also from the stand- The ABA itself also notes that its of the aisle, we are not going to always point of character, experience, and pro- standards are even higher for Appellate be in the minority, and they may have fessionalism as well. Court Nominees. a President again, as regretful as that This is a nominee who has had a stel- [T]he Committee believes that appellate lar legal career. She graduated with court nominees should possess an especially might be to some of us, and the shoe honors from Baylor Law School and its high degree of scholarship and academic tal- could be on the other foot. Do we really undergraduate program and made the ent and an unusual degree of overall excel- want to establish this kind of standard, highest score on the Texas bar exam lence. that we are prepared to vote down ex- the year she took it. She then had a Again, Mr. President, when the ABA traordinarily well qualified judges, who highly regarded legal practice with a applied these standards to Priscilla may be liberal or conservative, simply leading law firm in Texas for 17 years. Owen they unanimously rated her because we are of the other persuasion? ‘‘well qualified.’’ She then gave up her lucrative private I think it is a low point in the recent sector practice to serve with distinc- To merit a rating of ‘‘Well Qualified’’ the nominee must be at the top of the legal pro- history of the Senate. And I am not tion for the past eight years on the sure where we go from here. But I do Texas State Supreme Court. fession in his or her legal community, have outstanding legal ability, breadth of experi- not believe I will ever view these nomi- She was elected, in a contested race, ence, the highest reputation for integrity nations quite the same way as I did in as I understand it, and then reelected and either have demonstrated, or exhibited the past. unopposed with over 80 percent of the the capacity for, judicial temperament. I can say this: I would like to have a vote. She still enjoys overwhelming So it is a shame to characterize this lot of my votes back, going back over community support. She has been pub- nominee as somehow being profes- licly endorsed and supported by Demo- sionally unqualified and it is a shame the last 8 years—Ginsburg, Breyer— crats and Republicans, including 15 that the full Senate was denied an op- scores of nominees for the circuit and former presidents of the Texas Bar As- portunity to vote on her because of a district benches who I knew were far to sociation. Every major newspaper in partisan, straight party-line vote of 10– the left of me, but I believed it was the the state also supports her. 9 with all Democrats voting against President’s prerogative. The Demo- Mr. President, there is no question her. crats won the election. It was the this nominee is qualified by experience, Again, in my opinion, it reflects very President’s prerogative. And short of by education, and by the time that she poorly on the Senate, and I fear it will some kind of egregious failure to meet spent in the Texas Supreme Court, make it even more difficult for us to up to professional standards, it was not where she has built up a very fine complete our work when we see these my place to impose my view on the record of being a fair judge who has types of allegations leveled against nominee. worked very hard in understanding the such a fine nominee. It also puts even So I think it was a sad day in the his- issues that have been before her and in further into question the utility and tory of the Senate. I agree with every- casting her votes on the supreme court. necessity of bothering to have the ABA Yet, last week, I was shocked to hear thing the Republican leader has had to evaluate judicial nominations when say about this most unfortunate epi- her described by Senator DASCHLE as the Democrats on the Judiciary Com- not qualified. These are exact quotes: sode. I hope the President will not mittee are going to put ideology first withdraw this nomination and will ‘‘We will confirm qualified judges.’’ and a nominee’s professional qualifica- ‘‘Don’t send us unqualified people.’’ send it up again next year, and hope- tions and ABA rating a far second. fully we will have a Senate with a lit- Whatever you may be able to say Mr. President, I could not let that tle more of an open mind to this truly about might be wrong with this nomi- partisan and unwarranted vote in the outstanding nominee. nee—because maybe she is too conserv- Judiciary Committee go unnoticed by ative, or maybe on she did not meet the leader of the Republicans, and cor- Mr. LOTT. Mr. President, let me just some litmus test from the liberal out- rect the public record regarding a conclude my remarks with this, a side interest groups or because she nominee with such outstanding legal quote from Senator BIDEN, a member of didn’t meet the test of a particular credentials as Judge Owen. She is the Judiciary Committee for a long Senator—in no way could you describe clearly qualified. time. Unfortunately, he was also re- this nominee as not being qualified or I would note in closing that the corded last week as voting against as being unqualified. Washington Post in an editorial pub- Judge Owen despite her excellent I am very worried when we see this lished this past July 24 agreed with the record and the ABA’s highest rating. sort of pattern developing. There have President and Republicans when it said But when he was chairman of the Judi- probably been very few nominees in the that: ciary Committee, I am convinced he past to serve on the Fifth Circuit Court Justice Owen is indisputably well quali- worked hard at trying to be fair in the of Appeals more qualified than this fied, having served on a state supreme court way the nominees were considered nominee by every category you might for seven years and, prior to her election, under the previous President Bush. bring to bear. having had a well-regarded law practice. Let me remind my colleagues on this I hope we will ultimately find a way But while on Judiciary Committee point what the their gold standard for this nominee to be confirmed before back in 1986 on the issue of judicial ABA’s actual standards are. Let me all is said and done. nominations he was quoted to this ef- quote what the ABA itself says it looks Mr. President, I yield to the Senator fect: at when it rates nominees. from Kentucky. [Judicial confirmation] is not about pro- The [ABA] Committee’s evaluation criteria Mr. MCCONNELL. Mr. President, I life or pro-choice, conservative or liberal. It for federal judicial nominations is directed want to add to what the distinguished is not about Democrat or Republican. It is solely to professional qualifications: integ- Republican leader has said. I have been about the intellectual and professional com- rity, professional competence and judicial in the Senate 18 years. This is the best petence to serve as a member of the third co- temperament . . . witness I have ever heard, not just for equal branch of the Government. Integrity is self-defining. The nominee’s a judicial nomination but for any- character and general reputation in the legal I agree. Priscilla Owen met that cri- community are investigated, as are his or thing—an absolutely brilliant judge. She would have been confirmed had she terion. She should have been con- her industry and diligence . . . firmed. Professional competence encompasses such been reported to the Senate, even with- qualities as intellectual capacity, judgment, out a positive recommendation. I yield the floor.

VerDate Sep 04 2002 04:40 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.067 S09PT1 S8352 CONGRESSIONAL RECORD — SENATE September 9, 2002 HOMELAND SECURITY ACT OF tional Security Council. With all these land Security, I spoke in favor of a 2002—Continued different offices, it will be extremely Senate-confirmed official that the Con- AMENDMENT NO. 4513 difficult to determine who is respon- gress could hold accountable. We now The PRESIDING OFFICER. The Sen- sible. When a homeland security issue have that with the new Secretary, or ator from Tennessee. arises, which official does the Congress soon will have with the new Secretary Mr. THOMPSON. Mr. President, on hold accountable, the Secretary for of Homeland Security. Homeland Security or the proposed Di- behalf of myself and Senator WARNER, I I see little value in creating this new send an amendment to the desk and rector of the Office for Combating Ter- office when such an office already ex- ask for its immediate consideration. rorism? ists. Simply put, another office in the The PRESIDING OFFICER. The We should also recognize that statu- White House is redundant and unneces- clerk will report. torily creating an office in the White sary. Moreover, probably more impor- The assistant legislative clerk read House impairs the President’s flexi- tantly, there appears to be several neg- as follows: bility and authority to structure the ative consequences, potentially cre- Executive Office of the President to The Senator from Tennessee [Mr. THOMP- ating confusion as to accountability, as SON], for himself and Mr. WARNER, proposes best meet his and the Nation’s needs. to budget authority, and the creation an amendment numbered 4513. The President traditionally has had of a new homeland security strategy. Mr. THOMPSON. Mr. President, I ask broad authority to structure the Exec- Therefore, I urge adoption of the unanimous consent that reading of the utive Office as he sees fit. This pro- amendment. posal is an infringement on that au- amendment be dispensed with. I yield the floor. The PRESIDING OFFICER. Without thority. There certainly have been times The PRESIDING OFFICER. The Sen- objection, it is so ordered. ator from Florida. The amendment is as follows: when it has been necessary to create an interagency coordinating body in the Mr. GRAHAM. Mr. President, at the On page 8, strike lines 1 through 3. White House. The creation of the Na- request of our colleague, Senator On page 9, strike lines 13 through 15. LIEBERMAN, I will be managing the de- On page 12, line 15, strike ‘‘, with the Di- tional Security Council is an excellent rector,’’. example of this. bate on this particular amendment, an On page 12, strike lines 18 through 26 and However, this proposal goes too far. amendment for which I feel a strong insert the following: It gives the proposed office specific re- parental relationship. (4) To make budget recommendations re- sponsibilities and authorities that tie Shortly after the tragic events of lating to the Strategy, border and transpor- the President’s hands and limit his September 11, with Senator FEINSTEIN, tation security, infrastructure protection, ability to mold the office to serve the I introduced legislation to establish emergency preparedness and response, needs of the American public. such an office of terrorism within the science and technology promotion related to homeland security, and Federal support for Another disconcerting aspect of this White House in order to create a focal State and local activities. proposal is that it would require the di- point for decisionmaking and inform- On page 77, lines 22 and 23, strike ‘‘, the Of- rector to be Senate confirmed. For the ing the President and the Congress of a fice,’’ after ‘‘OSTP’’. last year, the President has made it national strategy on how to combat On page 103, line 5, strike ‘‘amended—’’ and clear that he desires a confidential what clearly was emerging as the all that follows through line 12 and insert homeland security adviser who would major challenge to America’s national the following: ‘‘amended in section 204(b)(1) advise him on domestic security issues. security. (42 U.S.C. 6613(b)(1)), by inserting ‘homeland He doesn’t want or need another Sen- security’ after ‘national security,’.’’. My good friend, Senator THOMPSON, On page 156, lines 15 and 16, strike ‘‘, the ate-confirmed official who would be re- has just suggested that events that Office,’’. quired to testify before a congressional have occurred since that time, particu- On page 158, line 9, strike ‘‘, the Office,’’. committee. We have such an individual larly the event of the President decid- On page 162, line 11, strike ‘‘and the Direc- in the new Secretary that has been cre- ing, after a long period of consider- tor’’. ated. The President must have his own ation, to support a statutorily created On page 162, line 17, strike ‘‘and Office’’. advisers who work for him. I think he Department of Homeland Security, had On page 173, strike line 15 and all that fol- is entitled to that. lows through page 197, line 19. rendered irrelevant or, maybe even Senator WARNER, the ranking mem- worse, redundant the idea of an office Mr. THOMPSON. Mr. President, the ber of the Senate Armed Services Com- to combat terrorism within the Presi- purpose of this amendment is to strike mittee, also expressed concern in a let- dency. title II and title III and make con- ter to the Senate Governmental Affairs forming amendments. I disagree with that analysis and Committee, where he wrote: look forward to the debate which will Title II would create an office in the The structure proposed by the Chairman White House that would coordinate the lay out the case of why these two agen- would be redundant of the structure that is cies—a Department of Homeland Secu- homeland security activities of the already in place. rity and an office within the Office of Federal Government. Title III would He further said that: require the new office and the Sec- the President—are, in fact, reinforcing The budget review and certification au- in the same way that, in 1947, Congress retary of Homeland Security to jointly thorities would undercut the ability of sev- produce a national strategy. found it appropriate to reorganize the eral cabinet members, including the Sec- previously distributed military, dis- The administration opposes the cre- retary of Defense, the Attorney General, and ation of an office in the White House the Director for the Central Intelligence, to tributed by the various services, Army, that would have a Senate-confirmed di- carry out their responsibilities. In the case Navy, a newly emerging Air Force, into rector with specific responsibilities and of the Secretary of Defense, in particular, a single Department of Defense. But at authorities. The White House believes the proposal would give the director of this the same time they did that, in fact in that such an office would blur the lines new office the ability to decertify; in es- the same legislation, they created the sence, to veto the defense budget. It would be Office of National Security Council. of accountability and diffuse responsi- unwise to give this authority to an official bility, particularly since the White They found those two actions to be re- who does not have to balance the many com- inforcing, cohesive, and both contrib- House already has an office, the Office peting needs of the Department of Defense. uting to the Nation’s security. of Homeland Security, that is respon- Finally he said: sible for coordinating the Federal Gov- I will attempt to make the case that The drafting of a new comprehensive strat- the same is true for the action sug- ernment’s homeland security efforts. egy for homeland security is unnecessary. The committee’s proposed structure Legislating anything other than a periodic gested in the legislation before us. will also create confusion because simi- review and update of this strategy would be I strongly support the creation of the lar functions will be performed by the burdensome and would divert attention and Department of Homeland Security and Secretary of Homeland Security, the resources away from the administration’s the legislation before us today to do so. Director of the Office of Homeland Se- focus on homeland security. I wish to commend our colleagues, Sen- curity, and the Director of the Office of Prior to the President’s June 6 deci- ator LIEBERMAN and Senator THOMP- Combating Terrorism, which is the Na- sion to support a Department of Home- SON, Senator LEVIN, Senator COCHRAN,

VerDate Sep 04 2002 04:40 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.028 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8353 as well as Senator SHELBY, who serves offered by Senator THOMPSON, the ers which remain outside the authority with me on the Senate Committee on amendment to delete from this legisla- of the Secretary of Homeland Security Intelligence, for their leadership on tion title II and title III, which would but will still be performing vital mis- this issue and for the wisdom which establish within the White House a na- sions related to our efforts to combat they have shown in the development of tional office for combating terrorism. terrorism. this specific legislation. The need for a coordinator within the As an example, the intelligence com- The establishment of a Department White House has been recognized by a munity itself is not going to be entrusted with the security of our number of blue ribbon commissions in brought into the Department of Home- homeland, in my judgment, is a critical the last several years. Here are rec- land Security. Clearly, it will play a step to making our Nation safer. The ommendations from three of the most very significant role if we are going to vicious terrorists who struck out on prominent of those commissions. anticipate and be able to respond to September 11 may have succeeded in The Gilmore Commission, chaired by terrorist attacks before they are executing their plot, but they failed in the former Governor of Virginia, stat- launched. achieving their mission. ed: The Department of Defense has re- America is sad; America is not Recommendation No. 2: The next President cently created a new central command afraid. We are alert, not panicked. We should establish a National Office for Com- called Northern Command. That com- are firm in our resolve to orient our- bating Terrorism in the Executive Office of mand will have increased responsi- selves to protect against future at- the President, and should seek a statutory bility for the military’s role in pro- tacks; without altering the funda- basis for this office. tecting the security of our homeland. mental aspects of our life, we are com- The Hart-Rudman Commission, The departments of the Treasury will mitted to a strategy that will both pro- chaired by two of our former col- still be responsible for coordinating tect us against our vulnerabilities here leagues, said this: economic measures to reduce the op- at home, while we take the war aggres- Strategic planning is largely absent within portunities of terrorists who finance sively and successfully to our enemies, the United States Government. . . . Across their activities through U.S. sources or wherever they might live. the Government, [a coordinator] should be international sources. The departments The Department of National Home- given a stronger hand in the budget process. of State and the Department of En- land Security Act of 2002 makes nec- . . . Congress should develop mechanisms for ergy, which has a major role in our nu- essary changes in our governmental a comprehensive review of the President’s counterterrorism policy and budget. clear policy and will have a major role structure. It does so in a reasoned, in the Department of Homeland Secu- careful way, preserving our constitu- The Bremer Commission, chaired by rity’s efforts to develop new tech- tional liberties while increasing the ef- the distinguished Ambassador Bremer, nologies that will help us better con- fectiveness of our security organiza- stated: front terrorism—they will all play a tion. The President and the Congress should re- role in our national efforts to combat This legislation is consistent with form the system for reviewing and funding terrorism. our history where periodically we have departmental counterterrorism programs to ensure that the activities and programs of The Director of the National Office of reexamined what our national prior- various agencies are part of a comprehensive Combating Terrorism will have three ities are and how the Federal Govern- plan. missions. First, the Director will be ment should be organized to achieve In a recently released—in July of this able to provide that coordination on those national priorities. A perfect ex- year—Brookings Institution report on counterterrorism for all of the agen- ample of this is the agency most af- the events since September 11, it was cies—not only the Department of fected by this legislation—the U.S. stated: Homeland Security but the intel- Coast Guard, which will represent ligence community, Department of De- about 25 percent of all the personnel in Whether Congress establishes the broad- ranging department the Bush administration fense, Department of the Treasury, De- the new Department. proposes or the more focused Department we partment of State, Department of En- The Coast Guard began in 1789, the advocate, there will remain a need for White ergy, just to list some of the other same year that George Washington was House coordination. . . . By the administra- agencies that will be most directly in- sworn in as President of the United tion’s own reckoning, more than 100 U.S. volved in homeland security. States. At that time, it was known as Government agencies are involved in the He will be able to do this with his the United States Light House Service, homeland security effort. . . . power to certify budgets, that they are and its primary function, as its name Continuing, the Brookings Institu- consistent with the comprehensive implies, was seeing that lighthouses tion report states: plan for combating terrorism. The were operational. The agency eventu- There is a critical need to coordinate their model for this is twofold. I mentioned ally merged with four others and as- actions with those of [the Department of earlier the 1947 National Security Act, sumed a new role, and that was enforc- Homeland Security] and to develop and im- created by statute for a National Secu- ing our customs laws, collecting tar- plement a government-wide homeland secu- rity Council and a National Security iffs. At that point, it was moved into rity strategy. Adviser to the President. the Department of the Treasury. Other As I indicated earlier, this concept of In more recent years, we have cre- than twice during World War I and an office within the White House with ated an office of drug policy. That of- again during World War II, when the the responsibility for coordinating ef- fice has been increased in authority Coast Guard was transferred by Execu- forts to combat terrorism was origi- over the years as we have seen that tive order to the Navy, it stayed in the nally embodied in legislation I intro- greater authority was needed in order Department of the Treasury until 1967, duced with Senator FEINSTEIN last fall to bring the Federal Government more when its role evolved yet again and it and is based on the lack of any central effectively into a common army to became seen as a maritime safety and coordinating figure within our Govern- combat the enemy of drug traffickers. security agency. ment with a singular focus on ter- That legislation now provides that the The Coast Guard was transferred to rorism. head of that office is appointed by the the newly formed Department of We believed then—and with the cre- President, subject to Senate confirma- Transportation. It has stayed in that ation of the new department, we be- tion, and has the power to decertify Department since 1967. Today, the lieve now—that it is essential the budgets that are not consistent with Coast Guard is recognized as a primary sometimes-discordant group of depart- the President’s antidrug plan. component of our Nation’s homeland ments and agencies with Those two models—the National Se- security force. Thus, the recommenda- counterterrorism responsibilities must curity Council and the National Office tion in this legislation is that the be brought into harmony. for Drug Policy—are the models for the Coast Guard in toto be transferred to The creation of the Department of office that we are proposing to create the Department of Homeland Security. National Homeland Security does not today. I focus my remarks today on that change that fact. While this new De- This office and these powers, particu- portion of the bill which is the subject partment will subsume some of the ex- larly the power to certify budgets, are of the amendment that has just been isting agencies, there will be many oth- what are necessary for the Director to

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.030 S09PT1 S8354 CONGRESSIONAL RECORD — SENATE September 9, 2002 effectively coordinate the the Arctic Ocean than any other place the tactics that are used, will be sub- counterterrorism efforts of the impor- in the world, including the Soviet stantially different than those that tant agencies that will not be part of Union itself because it was very much were used on September 11, 2001, and the Department of Homeland Security. in our interest to understand that par- we must have a homeland capability The second responsibility of the Di- ticular water body. which recognizes those changes and is rector will be to assure that his status As we were acquiring this tremen- prepared to adapt to the new chal- and his effectiveness derives from law, dous depth of knowledge about the So- lenges, the new threats that it will not just the personal relationship with viet Union, we were doing it at the ex- face. the President. Like the Office of Drug pense of not learning more about much I believe one of the things that was Policy, this is an agency that serves of the rest of the world. Our intel- missing in the intelligence community not only the interest of the President ligence agencies became focused nar- was having an office which could be but also the interest of all of the Amer- rowly—culturally, and linguistically— constantly challenging the intelligence ican people and their representatives in particularly on the Soviet Union. We leadership: Are you relevant to the the Congress. So it is important there were not acquiring competencies in challenge we are facing today? Are you be a level of shared responsibility and other parts of the world. looking over the horizon at the kinds confidence in the individual who occu- Second, we became very dependent of capabilities you will need in the to- pies that position. on technology as a means of collecting morrows in order to prepare against Third, the Director will be subject to intelligence. The Soviet Union was a this emerging threat? the explicit oversight of Congress. This hard place to get spies into and to sup- In my judgment, the most important is important so that Congress is a full port and to sustain them once they function of this office to combat ter- partner; that Congress is there at the were there. Particularly our satellite- rorism will be its role as the constant launch of our comprehensive strategy based technologies gave us the means challenger of all of the main line de- to combat terrorism so that Congress of acquiring most of the information partments, from the new Department will be there during the good days and we wanted to learn about the Soviet of Homeland Security to the Depart- the bad days, and there will be some of Union without the risk and difficulty ment of Defense to the Department of both as we move forward in this effort of putting human beings into a posi- Energy, challenging them: Are you rel- to protect the homeland. tion to collect that intelligence. evant to the current face of evil that Fourth, this Director will have the Finally, there was a criticism, which we are continuing against? confidence of both the executive is subject to debate, that our intel- What are you doing to prepare for fu- branch and the Congress and will play ligence communities became risk ad- ture emerging threats? What are you the critical role of assuring that the verse; that we were reluctant to engage doing to identify those threats? What agencies most involved in the war on in operations that might fail and be are you doing to recruit and train and terrorism will make the necessary in- embarrassing; it might fail and cost provide professional advancement to stitutional adjustments to move to- lives. All three of these characteristics, your key personnel so they will be per- ward the era of terrorism and away real or alleged, have disserved us in the sonally responsive to the new chal- from many of the concepts which have post-cold-war era. Instead of being nar- lenges? Those are some of the issues. dominated us during the cold war. rowly focused, we now must be broadly Those are some of the challenges. One of the concerns I have developed, focused. We must understand the cul- Those are the fundamental rationales as our Intelligence Committee has re- tures and languages of countries that why the committee, under the leader- viewed the events leading up to Sep- did not exist at the time the cold war ship of Senator LIEBERMAN, included tember 11, is the question of why was started. title II and title III in providing for the the intelligence community slow to We no longer can depend on our tech- Office for Combating Terrorism within recognize that the world changed in a nology, although it continues to be a the Office of the President. very fundamental way in terms of its very significant part of our intel- These four missions together will as- mission with the end of the cold war? ligence collection, but if you are going sure the Director has both authority It was not surprising that the intel- to understand the mind of Osama bin and legitimacy, authority with respect ligence agencies were very influenced Laden, you cannot do so by taking a to his colleagues who lead other Gov- by the history of the cold war because picture or even listening to a conversa- ernmental agencies, and legitimacy they were a product of the cold war. tion. The fact is, modern international with respect to the important role the The United States had not had an or- terrorists rarely use the kind of com- legislative branch will play in the ganized intelligence service until munication that we have the greatest achievement of his goals. World War II. During the war, a special capability to intercept. Rather, we This position, as I indicated earlier, security agency was established to de- must have an intelligence capability parallels the job being done today by velop and analyze intelligence for a which is extremely diverse, that under- the Director of the President’s Na- military purpose. As soon as the war stands many cultures, understands tional Security Council. It does for do- ended, so did that agency. many languages, and is able to func- mestic security many of the things Two years later, President Truman tion in alliances with the intelligence that Dr. Condoleezza Rice does for for- recognized that as the Soviet Union services from many other nations. eign policy. It also parallels in many changed from being a wartime ally to Finally, this is going to be a riskier ways the emerging Office of Drug Pol- now an adversary, we needed to know war than was the cold war. While the icy and its challenge to have a coher- more about the Soviet Union, about its cold war posed the ultimate risk—nu- ent plan of action, and then assure all capabilities, about its intentions, and clear annihilation—this is going to re- the Federal agencies that are respon- in order to do so, we needed to have a quire human beings operating in very sible for that play their appropriate permanent and a mixed civilian and close contact with our adversaries and role. military set of intelligence agencies. exposing themselves to the risk of that We are about very serious business. Out of that decision came the 1947 close encounter. It is not just business that will fade National Security Act and the cre- The reason I use this example of the after the sorrow and shock of Sep- ation, in addition to the Department of intelligence community and its neces- tember 11. It goes further into history. Defense and the National Security sity, but slowness, to make the conver- In my judgment, for our lifetime, as it Council, of also the intelligence com- sion from its cold-war orientation to is today, the issue of terrorism will be munity more or less as we know it the orientation of the new era on ter- the single most significant security today. rorism is that these same challenges threat faced by the United States of The intelligence community grew up will be faced by the agencies which are America. So we must prepare for the dealing with the peculiarities of the now being given responsibility for long haul, the sustained commitment. Soviet Union. We knew a tremendous homeland security. There has been some criticism that amount about the Soviet Union. We I can state with virtual certainty of Congress played a role in this failure of probably, without question, had more correctness that over the next 10 to 20 the intelligence community and other information about issues of warfare in years the nature of our enemy at home, aspects of our National Government to

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.033 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8355 make the transition from the cold war Plus, we will have a new Department agency for a fiscal year . . . is inadequate, in to prepare for the challenges of the new with a new Secretary and all of his re- whole or in part . . . the Director shall sub- era of terrorism. Some of those criti- sponsibilities. So we have a strategy. mit to the agency . . . a notice and a state- cisms are no doubt deserved. This is an I have not heard criticism that the ment. opportunity for Congress to take ac- strategy is not a good one or that we It goes on to state: tion which will help prepare us to avoid should go in a different direction or The head of the Federal terrorism preven- the unstated criticism. I do not want that there is some reason we should set tion response agency that receives a notice to have our predecessors in the Senate up a whole new mechanism and bu- [as described] shall incorporate the proposed ask the question 25 years from now: reaucracy to come up with a new strat- funding . . . set forth in the statement ac- companying the notice in the information Why did we create, in the year 2002, egy. So we have those components submitted to the Office of Management and agencies that would become the dino- which the opponents of this amend- Budget. . . . saurs of 2022 because they were unable ment say we need. I agree we need So as I read that he pretty much had to make the transition as the rapidly them. We have them. We have them in to do what the Director says even evolving but not fully understood a different way than what our friends though the agency has the primary re- threat of terrorism confronted our peo- on the other side would suggest. sponsibility for dealing with the prob- ple? It is suggested that the National Se- lem under their jurisdiction. This office, in my judgment, will re- curity Council is an analogous entity It goes on under the section having duce the likelihood of that criticism or one after which this provision in the to do with review and decertification, because, if this office functions as the Senate bill has been patterned. There the Director: has been a comparison between the architects intend, it will be the agency Shall review each budget submitted under for continuing renewal within all of NSC and this proposed office, but the paragraph (1); our Departments which have a respon- National Security Act of 1947 created And may decertify the proposed budget. sibility for protecting the American the National Security Council, and this So, in effect, this Director has a veto people in our homeland. legislation gave the NSC broad respon- over the budget. For those reasons, I respectfully re- sibilities and limited authority. National Terrorism Prevention and sist the amendment offered by Senator The head of the NSC, of course, is not Response Program budget in general: THOMPSON, urge its defeat, and the con- confirmed by the Senate. There is no For each year, following the submittal of tinuation within this legislation of the advice and consent with regard to the proposed budgets for the Director under sub- important concepts contained in title NSC. There is no Senate-confirmed of- section (b), the Director shall, in consulta- II of the Office for Combating Ter- ficial. The NSC has no budget author- tion with the head of each terrorism preven- rorism. ity, which is another big distinction tion agency concerned— The PRESIDING OFFICER (Mr. between the NSC and the proposed Di- (A) develop a consolidated proposed budget NELSON of Nebraska). The Senator rector in this bill. It was also designed for each fiscal year for all programs and ac- from Tennessee. for the sole purpose of coordinating tivities under the Strategy . . . Mr. THOMPSON. Mr. President, I ap- policy. And submit it to the President and preciate the well-thought-out state- In contrast, the proposed White Congress. ment of my colleague from Florida House office would have specific statu- The head of the Federal terrorism preven- with regard to his opposition to this tory responsibilities and functions; tion and response agency may not submit to amendment. I think the groundwork would have a Senate-confirmed Direc- Congress a request for a reprogramming or has been laid now for a good discussion tor; would have considerable budget re- transfer of any funding specified in the Na- of the pros and the cons. view authority; and would, I submit, tional Terrorism Prevention and Response The points my good friend made are interfere with the executive branch’s Program Budget for programs or activities of the agency under the Strategy for a fiscal not valid and are certainly not suffi- current budget process. cient to defeat this amendment. I sup- year in excess of $5,000,000 without the ap- I will dwell on that particular aspect proval of the Director. port this amendment basically for the of the bill because I think it is signifi- following reasons, in addition to what I cant. That has to do with the budget So, obviously, there is substantial said earlier: It seems the opponents of authority. It is substantial. In title II, budgetary authority—even though we this amendment—those who would cre- section 201, it states the new Director have created a new Secretary with vast ate the new national Office for Com- is: responsibilities, including the normal budgetary responsibilities—that the bating Terrorism—take the position we To coordinate, with the advice of the Sec- need a coordinator to develop a strat- retary, the development of a comprehensive head of this Department would have. egy. But since this idea was first pro- annual budget for the programs and activi- We still have the OMB and the regular posed, lots of things have happened. ties under the Strategy, including the budg- process. Yet we would have a new Di- One is we are now on to the consider- ets of the military departments and agencies rector who may not have the entire within the National Foreign Intelligence view of the Government that OMB has. ation of a large, new Department con- Program relating to international terrorism, taining 22 agencies. Secondly, we have Certainly it has an important func- but excluding military programs, projects or tion, an important role to play. Cer- a strategy. In July, the President came activities relating to force protection. tainly it can have some input, but the forth with a national strategy. It goes on to say: Now we have under consideration a ability to unilaterally make those To have the lead responsibility for budget large new Department taking in most kinds of budgetary decisions when we recommendations relating to military, intel- have this process, at a time when we of the agencies that will have a home- ligence, law enforcement [et cetera]. . . . are creating a new Department and a land security function, and we have a To serve as an advisor to the National Se- strategy that this new Department will curity Council. new Secretary, and to kind of take that away from the OMB, which has re- be following in trying to implement It goes on in section 202 and says sponsibility for a bigger picture, shall the safety measures that we all know with regard to the submittal of pro- we say, I submit is not a good idea and are needed. posed budgets to the Director: In addition, we still have a coordi- it is unnecessary. The head of each Federal terrorism preven- It is not necessarily accurate to say nator. We have someone to coordinate tion response agency shall submit to the Di- this new Department and those agen- rector each year the proposed budget of that that more is better when creating this cies which cannot be brought into the agency for the fiscal year beginning in that Department. We can make it so large, new Department, such as the Depart- year for programs and activities of that so huge, there are so many moving ment of Defense and the FBI and other agency. . . . parts—and we already have more direc- agencies. That is the Office of Home- The proposed budget of an agency torates in the Senate bill than the land Security, under the leadership of shall be submitted to the Director be- President would submit—that it be- Mr. Ridge. We also have the Office for fore that information is submitted to comes unworkable or much more dif- Combating Terrorism under the NSC. the Director of the OMB. ficult to handle and to manage than is Those offices are already there. We It goes on to say: necessary. have those two offices in the White If the Director determines that under para- Also, it takes away from ease of ac- House serving a coordination function. graph (1) that the proposed budget of an countability. One of the most difficult

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.035 S09PT1 S8356 CONGRESSIONAL RECORD — SENATE September 9, 2002 things we have seen in the Govern- lish someone else in play with regard vivors. But also, I think, to rededicate mental Affairs Committee with regard to that. That does not do a thing to en- ourselves to the war on terrorism so, as to the overall operation of the Govern- hance homeland security. much as it is humanly possible, we be- ment in looking at so many of the effi- I submit that it diminishes homeland lieve that we have done everything we ciencies that many of the Departments security. None of us want to do that. can to prevent another September 11 have and that we fear we may be incor- So I submit the amendment is founded type of attack from occurring. porating into this new Department is on sound principles and deserves seri- I strongly believe for that to be so we lack of accountability, who is in ous consideration. need not only the Department of charge. If the administration has it I yield the floor. Homeland Security, but the office that their way—and I submit on a close call The PRESIDING OFFICER. The Sen- this proposal would require because you ought to give an administration, ator from Connecticut. even after the Department is up and and the President, and a new Sec- Mr. LIEBERMAN. Mr. President, I running, there are going to be many retary, a fighting chance to take the rise in opposition to the amendment of- agencies and programs with key roles approach they want to take and then fered by my friend and colleague from in the war on terrorism that would be have the accountability of making it Tennessee, which would strike title II outside the purview of the new Depart- work than otherwise—if we adopted the and title III, two very important pieces ment. That is why we created this na- President’s suggestion, we would have of our legislation; that is, the amend- tional office in the White House. the Office of Homeland Security, Mr. ment that was passed out of the Gov- The Director of the office, in my Ridge, which he says he will retain ernmental Affairs Committee. view, and I believe in the view of the under any circumstances. So we have I thank my friend and colleague from majority on the committee, would be to assume he will. Florida, Senator GRAHAM, not only for the primary architect of an The Office of Combating Terrorism, his eloquent statement in response to antiterrorism multi-agency strategy under the NSC, which we have, and a the introduction of the amendment by working, of course, for the President new Department with a new Secretary Senator THOMPSON, but for the consid- because the Director is the appointee with a big umbrella covering 22 agen- erable work he has done on this pro- of the President. That strategy would cies, I submit that will be complicated posal for almost a year now building on include a host of components beyond enough. We do not need a new direc- work, as he said in his statement, that homeland security—some diplomatic, torate duplicating the budget process, was done by other groups calling for some financial, some military, some duplicating the strategy process, when such an office. It was bipartisan work, intelligence, some law enforcement. I we already have one, and doing all incidentally—including members of the think Senator GRAHAM has listed the those things that the administration is other party here in the Senate. This possibilities and the realities quite ef- saying we don’t want to do, we don’t work greatly influenced the Senate fectively. need to do. There has not been any Governmental Affairs Committee as we What we are saying is, what we need good reason to say that is an incorrect put together the amendment that we to prevent another September 11 from position or that we need it. I don’t bring before you. So I thank the Sen- ever happening again is not just a new think anyone has ever recommended ator from Florida for his thoughtful department to oversee the most crit- exactly what we are considering today. leadership on this matter. ical aspects of homeland security, but The Gilmore Commission suggested a This is not an amendment that a coordinator, a director working di- statutory White House position. That strikes at the margins of our com- rectly for the President, who has the is true. But they did not also suggest a mittee proposal. This is an amendment real power and positioning to see the new Department. That was before we that really goes to one of the funda- larger picture of the war against ter- had the new Department under consid- mental parts of the amendment that rorism and to coordinate it in a very eration, as we have today. the Governmental Affairs Committee aggressive way for the President. Hart-Rudman recommended a new reported out in a bipartisan vote of 12 We heard testimony at one of our Department, but they did not rec- to 5. Look at the title of the amend- Governmental Affairs Committee hear- ommend a statutory White House posi- ment, the proposed bill: The National ings—one of 18 we have held since Sep- tion. They recommended a coordinator, Homeland Security and Combating tember 11, 2001, from Ashton Carter, as I recall. I think I am accurate in who was an Assistant Secretary of De- Terrorism Act of 2002. It clearly is the saying that no Commission, no entity, fense in the Clinton administration. I intention of our committee not just to anywhere, has ever recommended we want to quote from him. Ash said: have both a statutory, confirmable create a Department of Homeland Se- The announcement of an intention to White House entity in addition to a curity, which is, of course critical, but create a cabinet-level Department of new Department with a new Secretary to combat terrorism. Terrorism goes Homeland Security should in no way which would be confirmable. beyond homeland security. It goes be- obscure the paramount need for a I submit it is a reasonable and pru- yond the Department of Homeland Se- strong White House hand over all as- dent thing to prune this huge—some curity. We feel very strongly that it re- pects of homeland security . . . The na- have called it—monstrosity. Maybe I quires the kind of strong coordination tion’s capabilities for homeland secu- have in times past. It is so big and po- that the National Office for Combating rity, even optimally coordinated, are tentially so unwieldy. I hope it does Terrorism would provide. We wrote simply not adequate to cope with 21st not turn out to be a monstrosity. I am these two titles, title II and title III century terrorism. What is needed is talking about the new Department that Senator THOMPSON’s amendment far less a coordinator of what exists with all of the different agencies and would strike, into our bill because than an architect of the capabilities we 170,000 people, coming together and all while the new Department of Homeland need to build. of that. Surely, on something that is Security would be a critical advance in I want to read from a few others who clearly as duplicative as this, we can our efforts to combat terrorism by have both supported the creation of a pare it down a bit, use those offices and raising our guard, by defending our- new Department and a strong White people we already have in place in all selves, the American people here at House office. these key positions, and give the ad- home, it is obviously not all that is In July, the Brookings Institute ministration the ability to start this needed to rise to the challenge that our issued a report called, ‘‘Assessing the extremely important operation on a terrorist enemies have put before us. Department of Homeland Security.’’ level playing field and one with which More than half the Members of the They say in that report: they feel comfortable. It does nothing Senate were in New York Friday with Whether Congress establishes the broad for homeland security. It does not do more than half the Members of the ranging department the Bush administration anything to make this Nation safe by House to meet in an unusual joint ses- proposes or the more focused department we just adding on new agencies or any of- sion to express our solidarity and re- advocate— fices and new Directors and new re- spect and admiration to the people of That is the nonpartisan experts on sponsibilities. New York, to honor those who were he- this task force at Brookings— Let this entity also do what this roes that day, to mourn those who died there will remain a need for White-House co- other entity is already doing and estab- that day, and to support their sur- ordination. By the administration’s own

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.038 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8357 reckoning, more than 100 U.S. government because of the potential use of the the Government and will not and can- agencies are involved in the homeland secu- power of decertification, for agencies not and should not be folded into the rity effort . . . There is a critical need to co- not to slip back and underfund our new Department even if it is well orga- ordinate their actions with those of DHS and antiterrorism effort, not to allow us to nized. Somebody needs to be looking at to develop and implement a government- wide homeland security strategy. fall back into a slumber and make the big picture with a comprehensive Indeed [Brookings continued] it would be counterterrorism and antiterrorism a sense of how every piece and element of advisable to broaden the scope of the Office secondary or tertiary matter. the fight supports every other element, of Homeland Security to include overseeing This office, with the authority our and then directly advising the Presi- the intersection between the U.S., domestic bill gives it, through both budgetary dent as to how the entire effort can be and overseas counter-terrorism activities. authority and Senate confirmation, strategically integrated and imple- Under this arrangement, the Office of Home- will have the power to be what we all mented. land Security will likely only be able to per- need it to be. The President basically The White House office can be a cru- form its vital coordinating functions if Con- cial complement to a line agency. It is gress steps in and provides the homeland se- acknowledges the utility of continuing curity office, council and director status in the office. The question is, Will it be a not unprecedented for Congress to cre- law. strong office or a weak office? ate such positions within the White Which, parenthetically, I say, is ex- I think the very reasons that con- House, as Senator GRAHAM has said. actly what our proposal would do. vinced President Bush, contrary to his Such legislatively created offices in- Going back to Brookings: original position on this—and, of clude the National Security Council; Moreover, if the Office of Homeland Secu- course, I am grateful for the change he the U.S. Trade Representative, subject rity and its director are to continue to have made and I appreciate and admire him to confirmation; the Office of Drug a major role in drawing up an integrated for making it—make the case for a Control Policy, of course, subject to homeland security budget— strong White House office. He con- confirmation by the Senate; and the As was the case for Governor Ridge cluded that the original Office of Director of OMB, naturally subject to for the 2003 fiscal year request— Homeland Security was not enough to confirmation by the Senate. it is absolutely critical that the director not do the job that he wanted, as Presi- The complexity of orchestrating the only have statutory authority but be ac- dent, to have done because it did not fight against terrorism makes this mis- countable and answerable to Congress. have the power to do the job. sion, which will be central to our secu- I will read one more quote of GEN Also, there are war stories you can rity for a good part of the years ahead Barry McCaffrey, who testified before hear from inside the councils of Gov- of us, every bit as worthy of statutory our committee on October 12 of 2001. Of ernment about various attempts Gov- status within the White House as those course, General McCaffrey had been the ernor Ridge made to try to bring some other missions fighting drugs, expand- Director of the Office of National Drug coordination to the disparate agencies ing and providing for fair trade, and co- Control Policy. He talked about the involved in homeland defense. For in- ordinating management and budgeting. importance of the authority to review stance, there was a proposal on coordi- The White House office our legisla- and certify budgets if we are going to nating the border agencies, and it was tion envisions would not be charged have and implement a national strat- knocked down from within the agen- with homeland security per se, I want egy for combating terrorism. General cies themselves. to make clear. Homeland security is McCaffrey said: Part of why, probably, those four the responsibility of the new Depart- A strategy without the resources is not men to whom Senator BYRD refers ment. The White House office’s job is worth the paper it is written on. The director often, who gathered secretly to put to- to orchestrate and advise the President of the Homeland Security Office needs the gether the administration’s position or more broadly on the fight against ter- authority to independently decertify any recommendation on the Department of rorism. For instance, central questions agency budget that does not provide the re- Homeland Security, did so is that I that this office would consider, that sources needed to combat the threat of ter- think they—wisely, in this case—did will not come before the Department of rorism. not want to enter into a process pre- Homeland Security or the Secretary, He added: liminarily that would have allowed the are: Are we doing enough to cut off the Not only are budget certification powers bureaucracy to fight change, which was money supply of al-Qaida? And where required to ensure sufficient resources, they what Governor Ridge was facing. might a new funding stream come also play a critical role in policy-making. So I think the fact that the Governor from? Are our public diplomacy efforts, The ability to decertify an agency’s budget hit a lot of roadblocks and speed bumps which are run through the State De- is the nuclear weapon of policymaking—it isn’t something you can use often, but the rather than paved stretches of road partment, complementing the other mere fact that it is in your arsenal guaran- should convince us that a Senate-con- pieces, the military pieces, of the wider tees you are taken seriously. If you want to firmed director of the White House of- war against terrorism? How should our see another agency get with the program fice, exercising statutory powers, trade policies or our foreign aid poli- fast, just articulate the possible decertifica- would have the clout he or she needs to cies be structured to be maximally ef- tion of its budget. accomplish what the President wants fective in the fight against terrorism? End of quote from General McCaf- him or her to accomplish. Are there efforts that are duplicative frey. It is a very important point. The Some argue, I know, that once we or are there gaps between the various reality is that President Bush has ac- create the new Department, it will not Departments beyond homeland secu- knowledged the need for an ongoing really matter if the White House posi- rity that need to be addressed? Those White House coordinating office on tion is statutory and Senate confirmed. are central questions in the war homeland security and terrorism, say- Certainly, I agree that even without a against terrorism which will not come ing he would retain the current office statutory and Senate-confirmed direc- before or be decided by the Secretary he established last October once the tor of the White House office—which, of Homeland Security or all the agen- new Department is established. That is again, we know will exist, in any case— cies working under him or her. what the Thompson amendment seeks the new Department of Homeland Se- A lot of our antiterrorism effort was to achieve, preserving the status quo curity would be a vast improvement not well coordinated before September with respect to the powers of the Office over what we have today. But it is still 11. That is a sad fact. As we approach of Homeland Security. risky. the first September 11 since the dark But with all due respect, that would It is inadequate to assume that, even day of September 11, 2001, it is criti- give us less than we need. We need an with the new Department, we can af- cally important that we make sure our office that, of course, is accountable to ford to have anything less than the antiterrorism effort has learned all the the President, the President’s ap- strong antiterrorism coordinating of- painful lessons of last September 11. It pointee, but nonetheless can be an ad- fice in the White House that was con- is just unrealistic to think that a new vocate within the councils of our Gov- ceived by Senator GRAHAM and his co- Department alone will achieve that ernment to make antiterrorism a pri- sponsors and adopted by our com- goal. We must still press for the most ority and, also, as General McCaffrey’s mittee. As he has said, critical pieces effective coordination and leadership words suggest, to create an incentive, of the antiterrorism effort cut across we can achieve.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.040 S09PT1 S8358 CONGRESSIONAL RECORD — SENATE September 9, 2002 I must say, we must do that for the It very progressively establishes a not slip to the fringes of the fight longer term. I understand the Presi- nonpartisan nine-member panel of out- against terrorism. That is what is dent has strong feelings about this, but side experts to provide an assessment achieved in titles II and III of the bill Congress has a responsibility to legis- of the terrorism strategy. This is simi- which Senator THOMPSON’s amendment late for the longer term. As we all have lar to the national defense panel cre- would strike. agreed, the battle against terrorism is ated in legislation that came out of the We need every gear of government going to go on for the longer term, not Senate Armed Services Committee, of turning in the right direction, sup- just through this administration. And which I am privileged to be a member, porting every other as far ahead as we that really argues strongly for a statu- that, in 1999, assessed the first Depart- can see, to maximize our antiterrorism tory, Senate-confirmed position such ment of Defense Quadrennial Defense strategy, to advance the President’s vi- as this bill would provide. Review for military planning, and did sion and policies, and to provide, in I want to quote David Walker, the so with very productive results. this painfully new context, for the Comptroller General, who made this In the area of antiterrorism, compla- common defense. point when he testified before our com- cency has to be our constant concern. Therefore, I strongly oppose the Sen- mittee in April. On that occasion, he This panel our legislation creates will ator’s amendment. called for support of a statutory, Sen- help assure an outsider-based, so-called I yield the floor. ate-confirmed official to coordinate red team critique of the strategy on a The PRESIDING OFFICER. The Sen- antiterrorism policy Government-wide. periodic basis. ator from Tennessee. Comptroller General Walker stated: Under our legislation, this Mr. THOMPSON. Mr. President, I Bottom line, there is a clear correlation antiterrorism strategy would be up- thank my good friend from Con- that to the extent that there is a significant dated on a regular basis. The Presi- necticut for eloquently laying out his responsibility that spans administrations dent’s recently completed and released case against this amendment. It makes and years, that involve significant sums of homeland security strategy is a good, for a good debate. money, . . . Congress has historically sought constructive beginning, but of course it As I sit and listen and think about to address those with a statutory basis and does not obviate the need for more de- what we are about here, it occurs to me to head those offices or operations with a that never before in the history of this Presidential appointee subject to Senate tailed and updated strategies in the confirmation. History has shown that those years to come. country have we ever set up an organi- lead to . . . more effective and accountable I don’t know if it is fair to quote a zational framework at this level of activity. distinguished citizen from Tennessee government. That is a pretty strong That is a critically important state- when arguing against an amendment statement. I stand to be corrected if I ment. We are legislating here for the offered by the Senators from Ten- can be. long term. David Walker explains why nessee, but I remember Fred Smith of We are setting up something here the long-term interests of the security FedEx said in a speech years ago, that we have never tried before. We are of the American people argue for this speaking to his employees—I para- experimenting in a way in which we office as we have conceived it. phrase; I may not have it exactly—the should not be experimenting. Why do I Brookings Institution scholar Paul journey to higher quality services has say that? I say that because we have Light added at one of our hearings: no final destination point. never had a situation in the highest Congress should establish a statutory foun- That is a good point because the levels of government where we had a dation for the White House Office of Home- journey goes on and on. We are con- department with clearly defined re- land Security. Such a foundation is essential stantly trying to improve. In that sponsibilities for an area of govern- for the strategy, authority, and, perhaps same sense, the need for constant re- ment and a White House entity that is most importantly, accountability. view and revision of our antiterrorism Senate confirmed with decertification Again, an important office. There is efforts will have no end. We have to authority over the budget that per- no sense in maintaining this office, as keep reviewing and being a step ahead tains to that Secretary. the President wants to do, unless it has of our enemies. If there is another situation like that an important role. If it has an impor- I hope in the years to come and in fu- in the history of the Government, I tant role, it ought to be subject to Sen- ture administrations, obviously, that will acknowledge it and stand cor- ate confirmation and, therefore, ac- terrorism is much less fresh in the rected. countable to the Congress as represent- minds and hearts and souls of the Reference has been made to the drug atives of the people. American people than it is less than a czar. He is Senate confirmed. He has Title III of the legislation calls for a year after September 11. When it is, we decertification authority. But there comprehensive national strategy to need to ensure that, nonetheless, wasn’t a department such as the one we combat terrorism to be developed col- antiterrorism does not fall from the are in the process of creating. He, by laboratively by the new Secretary of top of our concerns because these en- his nature, by the nature of his job, had Homeland Security and the Director of emies of ours will still be out there in to coordinate legions of different enti- the White House Office for Combating the shadows. ties and agencies and departments’ Terrorism. The Secretary will have the This statutory proposal of ours seems budgets under the framework they had lead role in issues of border security, to me to be one of the best ways we can then. There was no one drug depart- critical infrastructure protection, guarantee steadfast attention to the ment or drug-fighting department emergency preparation and response, terrorism threat from administration other than him. He was it. and integration with State and local to administration, from generation to He had to deal with budgets of the efforts. Those are the elements within generation, as we go forward in this Department of Agriculture, the Cor- the Department. But the Director will century. We have never before had to poration for National and Community have overall responsibility for pre- organize and implement both a con- Service, the DC court services and of- paring the strategy and will take the certed assault against terrorists and to fender protection, the Department of lead on strategic planning concerning mount a defense of our people here at Defense, the intelligence community intelligence and military assets, for in- home at the same time, following an management account, the Department stance, law enforcement, and diplo- attack of this kind against civilians, of Education, the Department of macy. innocents, on our territory. It is un- Health and Human Services, the De- The idea is, the Director, working precedented. partment of Housing and Urban Devel- with the Secretary, will ensure the co- Meeting the challenge means not opment, the Department of the Inte- ordination of critical counterterrorism only consolidating and organizing the rior, the judiciary, the Department of areas of Government outside the Sec- dozens of agencies responsible for Justice—I am not listing all the divi- retary’s direct control. And the legisla- homeland security into a single unified sions and agencies within these Depart- tion establishes an interagency council chain of command, as we did in the ments—the Department of Labor, the to be cochaired by the Secretary and first title of our bill, but it also means OMBCP, the Small Business Adminis- Director to assist with preparation and ensuring that the agencies and offices tration, the Department of State, the implementation of the strategy. that remain outside the Department do Department of Transportation, and the

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.042 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8359 Department of the Treasury. He was a when you have a Secretary there with to do the right thing as a Congress. The coordinator in the truest sense of the all of the responsibilities, budgetary Secretary is going to have to make word—not analogous at all to the situ- and otherwise, that Secretaries nor- proposals. The President and the head ation we have here. mally have? Do we really want to do of OMB are going to have to say how Reference has been made again to the that? Is that really going to improve much money we have to spend, and NSC. We all know that the NSC not the operation of Government? then take it to Congress and see what only does not have decertification au- Like I say, there have been different we think about it. thority; the NSC has no budget author- ideas at different times, at different There will be plenty of ways for Con- ity. The NSC is not confirmed by the stages of this process. Many of them gress to exert its will—properly so. We Senate. Reference was made some way are good ideas, but many of them came are not going to be cut out and should to our Trade Representative. He is con- before the President proposed his ideas not be. That is the normal process. Do firmed by the Senate. He is the Trade for a Department and before he sub- we really need another entity, which I Representative. I guess you could make mitted his national strategy in July. think would be unprecedented, in the some analogy to the Department of To a great extent, unfortunately, what midst of all this confusion and dif- Commerce in terms of there being a we have done is taken all these pro- ficulty that we are going through? Peo- Department that somehow has a re- posals and kind of added them together ple talk about maybe we ought to look sponsibility in that area, but he is the and said if a Senate-confirmed new at this thing in stages. Maybe that is person there, plus the fact that he has Secretary for a Department is good, one of the things we ought to look at no decertification authority with re- then a Senate-confirmed new Office of in stages. gard to the Department of Commerce Homeland Security would be even bet- If it turns out that the strategy does or anybody else. ter. And if the responsibility of the new not pan out, it is not satisfactory, that So, again, I cannot think of another Secretary for his budget is a good idea, the budgetary situation is not working, situation where we have had a large let’s have somebody over in the White it might be something we can revisit at Department that we are getting ready House who can decertify his budget. another time. But with all these dif- to create, with 22 agencies, 170,000 peo- As I say, I think it is a recipe for tur- ficulties, is this really something we ple, and all the responsibilities, and we moil within any administration. It is a want to interject in the middle of this are going to be looking to that new recipe for conflict. I know that is not very difficult process? I submit to you Secretary. Everybody agrees there what is intended. As I sit here and that it is not. needs to be a coordinator there. I don’t think about how this would work, I I yield the floor. hear any reference to Mr. Ridge not think that would happen in any admin- The PRESIDING OFFICER (Mr. doing a good job or the present cir- istration. CORZINE). The Senator from Florida is cumstance not working out. I think Mr. McCaffrey used his au- recognized. As the Office of Homeland Security is thority one time to great consterna- Mr. GRAHAM. Mr. President, just to now constituted, we have a coordi- tion with regard to everybody, but it respond to some of the comments of nator. But a new Department, a coordi- would not be anything—perhaps he my friend and colleague from Ten- nator, who has decertification author- used it wisely, and I assume he did, but nessee, it seems to me, as this debate ity—think about how that would work. it would not be anything like a new has gone on for the last couple of It is a recipe for conflict and turmoil Secretary with the responsibilities hours, that we have sort of narrowed within any administration. I don’t that a new Secretary would have, and the focus. One question is: Does Amer- know that there is a comparable in the the responsibility that OMB has. ica need—assuming that there will be history of our Government. It stands to We are going from a budget surplus created an Office for Homeland Secu- reason that there would not be. What to a budget deficit. We have no idea, in rity—an office in the Presidency for we seemingly have done is taken a lot my humble opinion, as to how much the specific purpose of coordinating our of good ideas from a lot of people and this is going to cost us. We don’t know efforts to combat terrorism? added them together and not elimi- how much it is going to cost the pri- I think the Senator from Tennessee nated much of anything. vate sector and the State and local just said he agreed—or he thought the I don’t know of any proposal that we governments. I think it is going to be President agreed—that some sort of of- do that is truly analogous. Perhaps a lot if we do what we need to do to fice like that was going to be nec- Brookings comes the closest, but they protect our infrastructure and the essary. Basically, it is the office that were thinking about a much narrower other things that constitute homeland Governor Ridge has been occupying Department. They were thinking about security. It is certainly going to cost now for approximately 10 months. So a border security department more the Federal Government an awful lot of we agree there is a sufficient potential than anything else. money. disorder, with the number of agencies So I suggest that we really think this We cannot shut this Nation down. We that are going to have a role in our ef- through. More is not necessarily bet- cannot spend all of our money on forts to combat terrorism, and that is ter. Do we really want a new coordi- homeland security. We cannot have the specific and sole focus of this office nator who apparently is going to work someone—I suggest it would not be in the White House; that it justifies down the hall from Mr. Ridge? I don’t wise—in the White House who only has somebody to attempt to bring order know if we are assuming—the Presi- responsibility for homeland security out of disorder. dent tells us he deserves to have his dictating what the entire Federal budg- As I was reviewing the legislation, I own person there. Are we assuming et ought to look like. Somebody has to found some agencies that, frankly, I that he is going to back off? Is the new balance those, goodness knows, legiti- had not originally thought were going person—new Director—going to work mate and, I would even say, primary to be part of the fight to combat ter- down the hall from Mr. Ridge? Are we concerns. But they are not exclusive rorism which I did not mention in my going to insist that the President get concerns. We don’t have an unlimited earlier remarks. One of those is the En- rid of Mr. Ridge’s position because one amount of money. We are apparently vironmental Protection Agency. One is not confirmed and the other one is to not willing to make tradeoffs. might say: How in the world is the En- be confirmed? It cannot be the same We are spending money like there is vironmental Protection Agency going person serving both functions. I don’t no war against terrorism. We are add- to be a part of the effort of homeland know what we are assuming. ing new entitlement programs—the security against terrorism? Do we really want to set up a person Congress is—as we speak. We have done The answer is, if you list our there who has decertification of the some and are in the process of doing vulnerabilities to terrorists, clearly budget—even over the military, appar- others. So what are we going to do, one of the most significant of those ently, according to Senator WARNER, send somebody up in the White House vulnerabilities is our infrastructure, who can speak for himself, and I under- to say, stop, don’t let us kill again; is our basic water systems. If you were a stand he will—inside the White House? that the idea? creative terrorist and wanted to quick- It is to be submitted to the budget and I think it has to do more with the ly disrupt America, identifying and to him before it even goes to OMB, will of Congress. We are going to have targeting your efforts against our

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.044 S09PT1 S8360 CONGRESSIONAL RECORD — SENATE September 9, 2002 water supply would be one of the ways terror—they need to have what, in this agency that will challenge us to think that you might consider doing so. beginning of the season, we might refer creatively about what our Obviously, if that is going to be a to as a head coach who can oversee all vulnerabilities might be, and then to vulnerability, then the agency of the of the assistant coaches who have re- assess: Are we taking those steps that Federal Government which has the pri- sponsibility for individual components are reasonable and appropriate to pro- mary responsibility, particularly for of the team to assure that the team in tect us against an attack, against a protecting the quality of our water— totality is focused on victory against vulnerability that has not yet been ex- the Environmental Protection Agen- its opponent. ploited? cy—becomes an agency that has a role There is the third question, and that I believe an agency that has that to play in deterring terrorists from ac- is: How do we prepare for the future? It kind of an orientation, mission, and re- cess to that part of America’s infra- was said that we do not need title III sponsibility will also then need the au- structure. which calls for the development of a thority this legislation provides to see The list of agencies you can consider strategic comprehensive plan to com- that, in fact, we act against that. today, much less what we might be bat terrorism because we already have It is easy to get Americans energized dealing with 10 or 20 years from now a plan. It was the plan the President to deal with commercial airline safety when the imagination of the terrorists submitted a few weeks ago. when commercial airliners have been in our own sense of vulnerabilities have Without commenting about the cur- flown into some of the symbols of become more mature, could be very nu- rent plan that the President submitted, America’s greatness, but it is more dif- merous. So we agree there is a need for I can tell you—and I do not believe ficult to get Americans to respond to there to be an agency in the White there would be anyone here who would dealing with the potential threats at a House for purposes of focusing on the speak to the contrary—but that is not seaport, or a metal container rolling specific issue of terrorism. the plan we are going to have 10 years down the highway when we have not The second question then becomes: If from now. We are not so lame-headed yet been attacked at that point of vul- so, how should that office be organized? as to be unable to learn from the expe- nerability. Should it be called ‘‘a meeting and rience that we are going to have over This agency will have the oppor- hope people will come and, if they the next decade and to then incor- tunity, within the White House, with come, that they will cooperate’’ type of porate that experience into what we the power of the Presidency and the agency, or should they have some agen- think is the effective strategy to pro- power of the Congress, through con- cy with teeth that can sink in, if that tect Americans against terrorism. firmation, and with the power that this is necessary, in order to accomplish the Unfortunately, there is a tendency to legislation would provide, to be that result? want to revere the status quo and to creative watchdog to ensure that we We have had some experience with resist change. In my earlier remarks I are responding to the threat profile as the former type of agency in the origi- talked about some of the history of the it changes and that we do not require nal version of the National Office of American intelligence agencies, going that we be attacked in a particular Drug Control. That office had rel- back to their inception in 1947 and how point of vulnerability before we take atively little real teeth and, therefore, they became so committed to fighting steps to secure that vulnerability. had little effectiveness on chewing on the cold war against the one big So I think those are the basic issues the difficult problems of getting the enemy, the Soviet Union, that when in this debate. variety of Federal agencies that have a the cold war was over and we suddenly Does America need such an office? I role in our drug policy to collaborate. had a much different environment of believe there is unanimity, yes. Once We already are aware of some of the enemies, that they found it difficult to established, does the office need to difficulties we are going to have in the make the transitions that were nec- have the capability, the authority, and area of homeland security because we essary to respond to the new set of en- the clout to assure that it can conduct are identifying areas in which various emies. a difficult job? I think the answer to agencies, for reasons of their cultural The same thing is going to happen in that question is yes because it then an- attitudes or traditions, their isolation, our domestic war to secure Americans swers the third question: Are we going their desire to not share the potential here in our homeland, but we have al- to look to this agency to be, yes, a glory of success with other agencies, ready demonstrated some of the slow- coordinative agency; yes, an agency have been insular and the American ness to respond. that will help advise us as to the wisest people have paid the price because the One of my critiques of the current ef- strategy to combat terrorism, but, agencies that should have known im- fort at homeland security is that we maybe most importantly, to be the portant pieces of information were de- have tended to focus our efforts on agency that will be responsible for our nied that information and, therefore, those vulnerabilities that have been at- creative inquiry as to what is the na- their ability to be as effective on be- tacked. Just think of all the things we ture of the threat today, what is it half of the American people in giving have done to change the character of likely to be tomorrow, and how do we us security against terrorists was frus- American airports and American com- prepare to give to the American people trated. mercial airlines, with many more what they deserve and what they look We know that this office within the changes still to be fully implemented. to us to provide, the most effective se- White House has to have enough power Contrast that to what we have done to curity in the homeland of America? to be taken seriously. I believe it is the substantially increase the security in The PRESIDING OFFICER. Who evolution of the Office of Drug Policy areas that, in my judgment, are equal yields time? that is the most informing recent expe- in their vulnerability and threat to the The Senator from Tennessee. rience in American Government as to people of the United States, such as the Mr. THOMPSON. Mr. President, I what kind of agency this needs to be water systems to which I referred ear- agree we do have some points of agree- and that we do not have the luxury of lier. ment. One is the fact that we do need waiting 10 years for it to get there; What have we done to increase the a person in the White House in this co- that this office within the White House security of our seaports and those ordination function. I agree with the needs to have some ability to oversee thousands of containers which enter second point also that we need a person and control the budget as it is being America every day? In my own judg- with some clout. I submit Condoleezza developed to assure that it is con- ment, they represent one of the great- Rice has clout and Tom Ridge has sistent with the strategy for combating est threats for a terrorist wishing to clout to do their jobs. Neither is con- terrorism that has been agreed to and bring a weapon of mass destruction firmed by the Senate. that, in the implementation of budgets, into the United States. I yield the floor. agencies will devote the required funds We have almost a genetic tendency The PRESIDING OFFICER. Who necessary to carry out that strategy. to support the status quo and a genetic yields time? I believe if we are serious about a war tendency to respond when we have been The Senator from Connecticut. on terror—and the American people are hit where we have been hit. Hopefully, Mr. LIEBERMAN. I suggest the ab- very serious about an effective war on this agency, at its best, will be an sence of a quorum.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.049 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8361 The PRESIDING OFFICER. The created, are already out there right in more than one place. It touches the clerk will call the roll. now. They are out there on the borders bill in several places so it is open to a The assistant legislative clerk pro- today. They were out there last night point of order to strike, a point of ceeded to call the roll. when you and I were sleeping. I take it order against this amendment because Mr. BYRD. Mr. President, I ask unan- that you slept a little bit. I got a fair it touches the bill in several places— imous consent that the order for the amount of sleep. But they were out more than one place, certainly. Also, it quorum call be rescinded. there protecting us. They are at the certainly is open to division. I am not The PRESIDING OFFICER. Without airports. We are not satisfied with the sure at this point in time that I intend objection, it is so ordered. protection we are getting at the air- to pursue either of these two courses: The Senator from West Virginia. ports, but I don’t know that this bill is make a point of order or ask for divi- Mr. BYRD. Mr. President, if I may going to improve that. sions. I am not sure of that at all. just momentarily desist and continue But, in any event, what I am saying I want to proceed right now with my to hold the floor? is that the very people who are going statement. But I want to call attention The PRESIDING OFFICER. Without to be protecting the ports of entry, pro- to the fact that neither the Senate, ap- objection, it is so ordered. tecting the long borders to the north parently, judging from the attendance Mr. BYRD. Mr. President, through- and to the south, protecting the sea- on the floor, nor the press is greatly out this debate—and there really ports and the river ports, they are out concerned about this bill. Maybe Mem- hasn’t been a lot of debate—there was there now. These are experienced peo- bers and the media are just taking it talk about rushing this bill through ple. These are those terrible Federal for granted that this bill will pass, and and putting it on the President’s desk employees whose rights are about to be it is a good bill, and the President before the August recess. Then there swept away under the administration’s wants it, and there it is; that is all was kind of a fallback position in proposal. But under this bill they are there is to it. It is going to pass, so which it would be rushed through but being protected. why fool around with it? Let’s get on it would be on the President’s desk by That is not exactly the point I am with something else. We have many 9/11, September 11. Neither of these ef- making. The point I am trying to make other issues to occupy our attention. forts, as they appeared to be explained is why the hurry? On the other hand, in I cannot fathom the reasons, except in the newspaper, was a very wise ap- looking about this Senate one would that I do not believe Senators have proach to dealing with such a very, say: Why not? There is no interest in read this bill. I just do not believe it. If very difficult, important—and I will this bill. Senators are not at their Senators read this bill, I think many use the word complex, which encom- desks. Look on that side: One Senator. more Senators would express concerns passes difficult as well, but I will add it Look on this side: Two Senators, and about it. Several Senators have ex- to the sentence—piece of legislation. one in the Chair. I am not saying that pressed concerns about it. I am very How many Senators are paying at- in derogation of Senators. They are concerned about it. It is a complex bill, tention to what is being said on this busy, very busy. Senators are on com- and I think we are about to pass legis- very important legislation? We have on mittees, they have people back home lation here, if we are not very careful, the floor the distinguished manager of who are No. 1. This is the people’s that we will come to rue, that there the bill, the chairman of the com- branch. They are busy. will be many, many problems in con- mittee which had jurisdiction over this But how many Senators have read nection with this bill that Senators legislation, and we have the ranking this bill? That is the key. If more Sen- have not thought through and will look member. These two Senators are here ators had read this bill than obviously back and say: My, how could that have at their posts of duty. How many other have read it, I think we would have happened? I didn’t know that was in Senators are there? I see the distin- more Senators on both sides on the the bill. So, in a way, I can understand Mr. guished Senator from New Jersey, Mr. floor. The chairman and ranking member THOMPSON’s desire to strike titles II CORZINE, in the Chair. And here is this have given plenty of attention to this and III of the bill. I can understand middling upstart from West Virginia at bill. They worked for days. Their staffs that. I am not all together happy with this desk. either of those titles. But I think that So the deadline for completing this worked for days and far into the nights the Senate will err in adopting the legislation by the beginning of the re- in developing this piece of legislation. So we have several Senators on both amendment by Mr. THOMPSON. cess came and went, and the deadline sides of the aisle who have read the bill Throughout this debate, such debate of September 11 is going to come and and worked over it and they have far as we have had, I have made clear my go, but who is paying attention? My more expertise so far as this bill is con- respect for the efforts of Senator thought was that if Senators had the cerned than I have. THOMPSON in his work with Chairman August recess, many of them would I am not on the committee that has LIEBERMAN on the homeland security read this bill. What I mean by ‘‘this jurisdiction over their legislation; bill. First of all, I think the Senator bill,’’ this bill is a House bill which was what business do I have here? from Tennessee, Mr. THOMPSON, has a passed by the House after 2 days of Well, I have the same business here head full of common sense. You can floor debate—imagine that. Two days that every other Senator on both sides find a good bit of that in those Ten- of floor debate. Why, it would take of the aisle has, and I have been con- nessee hills and throughout most of longer than that to get a sewer permit cerned about this legislation. I have Appalachia. I can say that because I approved by the city council in many read the House bill. I have read the am likewise from Appalachia. There towns. And here we are passing a bill of Lieberman substitute. And I have read are several States in Appalachia. But this magnitude in 2 days by the other them both more than once—twice is this Senator from Tennessee is one of body and great pressure on this body, more than once, so I read them at least the Senators representing a State in now, to act on this mammoth propo- twice, you can say—you can draw from Appalachia where the common people, sition, great pressure from the Presi- that statement. But I read this bill. the common folk live. There are a lot dent, who is going up and down the When I say ‘‘this bill,’’ I am talking of them down there, just ordinary peo- country saying: Pass my bill. Pass my about the House bill and the ple who live on my side of the tracks, bill. Pass my bill. Then there are oth- Lieberman substitute. The House bill is the side of the tracks where I grew up. ers from both sides who are willing to the underlying bill here—we all know I have also made clear my intention go along and really want to hurry that—and it can be amended, too. to oppose any effort that I believe jeop- through this legislation. But the Thompson amendment is the ardizes the rights and liberties of the But let me say in all candor that if amendment before the Senate right American people. I, therefore, must op- we do not pass this bill until next year, now, and it would strike title II and I pose Senator THOMPSON’s amendment this country is not going to go believe it would strike title III as well; because, as I see it, it would contribute undefended at its borders, at its ports, am I right? to the undermining of our constitu- at its airports. No. The same people Mr. LIEBERMAN. That is true. tional system of checks and balances who will be working in the agencies Mr. BYRD. Mr. President, the between the executive and legislative within the new Department, when it is Thompson amendment touches the bill branches.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.051 S09PT1 S8362 CONGRESSIONAL RECORD — SENATE September 9, 2002 Now, to begin with, let me say that Now, Senator STEVENS and I, as all ling factors in this idea that sprang the administration’s proposal does ex- Senators know, tried repeatedly to from the White House foam might have actly that in several ways. I will not go have Mr. Ridge come before the Senate been that legislation, that appropria- into all the ways today. But if Sen- Appropriations Committee and testify tions bill which was fast approaching ators will take the time to read the on the budget for homeland security. and which had in it the language that House bill, which reflects, in great The Director of the Office of Homeland Senator STEVENS and I put in it to re- measure, the administration’s position Security has repeatedly refused. quire Mr. Ridge to be confirmed by the on homeland security, they will find I say with respect to Mr. Ridge, he is Senate of the United States. many instances in the House bill re- a former Governor. He is a very able, That was in the appropriations bill. flecting the administration’s position likable man, who once served in the That appropriations bill passed the which do just that—that get between Congress of the United States. He re- Senate in the seventies for it. Nobody the Constitution and the people, that peatedly refused to testify before the took on provision. Nobody attacked put the Constitution and the people off Congress. The administration arro- that provision when it was before the to one side—and while this piece of leg- gantly, in my opinion—arrogantly— Senate. Nobody tried to strike it. But islation goes like a steamroller over maintained that he is accountable to there was a provision in that appro- that constitutional system of checks the President only and not to the peo- priations bill that said the Director of and balances, the separation of powers. ple’s Representatives. Homeland Security should be con- So the Thompson amendment would Now, I have some sympathy for the firmed by the Senate of the United strike titles II and III of the Lieberman argument that a President ought to be States. substitute. Title II is a title that pro- able to have advisers from whom he Well, the administration saw that vides a National Office for Combating can receive confidential guidance. coming. They saw it coming like a Terrorism be established within the I am not saying that every Tom, train down the track. And it passed the Executive Office of the President, pre- Dick, and Harry, every clerk high and Senate. Nobody raised any questions sumably to replace the current White low at the White House, should have to about it. It was headed for conference. House Office of Homeland Security. come up and testify before the Con- And it went to conference. So we already have, in essence, just gress if it invites him or her up to the So the administration, I think, such an office as the one we are talking Hill. I have sympathy for that idea as thought: Wait a minute here. We had about in title II; namely, a National a concept. better get on board. Let’s not get on Office for Combating Terrorism. There But in the Director of Homeland Se- board. Let’s get ahead of that train. is already one in the White House. curity, we have something that goes That is a fast train coming down the There is already one established within far beyond a mere staff person, far be- track. Let’s get ahead of it. And so the Executive Office of the President. yond a mere adviser to the President. here came this thing out of the dun- It has not been established by law, but The Bush administration designed geon, out of the dark bowels of the it has been established by Executive the Office of Homeland Security to be Earth, beneath the White House. order. I do not have much use for Exec- the Federal Government’s point man So the administration had to do utive orders, whether they are issued on homeland security. There is the something fast to get ahead of this under a Republican President or a man. He is the man in whom the Presi- train so that the administration could Democratic President. But this legisla- dent of the United States has reposed claim, of course, credit for it. So here tion would replace, in my judgment, great confidence and authority. Au- they came with this big idea of having the current White House Office of thority? Well, there was an Executive a Department of Homeland Security. I Homeland Security. order. am not sure they would have done that In the legislation we are talking The Office of Homeland Security was had TED STEVENS and I and the other about here, in title II of the underlying intimately involved in crafting the members of the Appropriations Com- legislation, such an office would be President’s proposal to create a new mittee not included that provision in headed by a Director, who would be Department of Homeland Security. I our appropriations bill which passed subject to Senate confirmation and have said many times, I have almost the Senate with nobody raising a finger made accountable to the Congress. Get spoken ad nauseam about the way this against that provision. The administra- that. idea was initiated in the bowels of the tion saw that train coming. We already have such a Director White House and brought to life, much The Office of Homeland Security was down at the White House now working like Aphrodite, who sprang to life from intimately involved in crafting the within the office of the White House, the ocean foam and later appeared be- President’s proposal to create a new and that person is Tom Ridge, a former fore the gods on Mount Olympus, and Department of Homeland Security. Its Governor of Pennsylvania. He has been they all were much taken with Aphro- Director has represented our Nation in there quite a while. He has been given dite; or much like Minerva who sprang forging international agreements re- a great deal of authority by the admin- from the forehead of Jove, fully armed, lated to our homeland security. You istration, by this President. He is an fully clothed, fully grown. And here it see, Governor Ridge could go to Mex- individual who is not subject to Senate is, Minerva. ico, he could go to Canada, but he confirmation and, therefore, is not Well, that is the way this thing kind couldn’t come here before the Senate made accountable to the Congress. of came up. It came right out of the Appropriations Committee. ‘‘No. No. This legislation would make him sub- White House like an ocean foam. There No, don’t throw me into that briar ject to confirmation and accountable it is, bango. You got it. We have some- patch.’’ He didn’t want to come here. I to the Congress. Why shouldn’t that be thing here that was created, lock, think probably it was the President the case? stock, and barrel, from an embryo of a who didn’t want him to come here. Mr. President, the White House Of- tiny imagination. It was not quite the Further, the President has vested in fice of Homeland Security was created committee that created the Declara- the Director of Homeland Security to respond to an immediate need for an tion of Independence, not quite of that budgetary powers that led our col- Executive Office that would oversee caliber, but it was a committee of re- league, Senator SPECTER, to say in tes- our Nation’s homeland security efforts. spectable men. There were four of timony before the Governmental Af- Since its creation, however, it has be- them. fairs Committee in April: come clear that that office, which has It was all done in secret, you know, Some have compared Governor Ridge’s po- taken on such an important role in down there in the subterranean caverns sition to that of Dr. Condoleezza Rice, the protecting our homeland, was also de- where there was not even a candlelight National Security Adviser. However, Gov- signed to be insulated from the Amer- whose rays might illuminate just what ernor Ridge’s authority over such a large ican people, to operate from within the piece of the budget clearly distinguishes his was being talked about. But here it position from that of the National Security White House without congressional came. Adviser. When an adviser such as Governor oversight and outside our constitu- Do you know why it came? In large Ridge has significant responsibility for budg- tional system of Government, without, measure, I say to my friend, Senator etary matters, he should be subject to con- as I say, congressional oversight. THOMPSON, I think one of the compel- gressional oversight.

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.054 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8363 That was Senator SPECTER. He went legislative change’’—by the White for the Bush administration’s foreign on to say: House rather than the Congress, where policy, the President’s National Secu- We need to ‘‘codify’’ Governor Ridge’s posi- the people have their say. rity Adviser operates secretly, inside tion. I recall the Nixon administration’s the White House, and is largely unac- The Office of Homeland Security is defiance of Congress and the constitu- countable to the American public. perhaps the clearest example of the ad- tional process. This included Nixon ad- The same can be said for the Assist- ministration’s contempt, utter con- ministration officials refusing to ap- ant to the President for Economic Pol- tempt, for Congress, a contempt that pear before Congress. It included the icy, Larry Lindsey. The President’s drives the White House to operate in a Nixon administration’s efforts to economic adviser is not subject to Sen- cloud of secrecy, beyond the boundaries ‘‘stonewall’’ Congress by denying infor- ate confirmation and, while he crafts of our constitutional system of govern- mation to congressional committees. It economic policy for the administra- ment. included the Nixon administration’s ef- tion, he is not accountable for that pol- I recall—I am sure my distinguished forts to belittle Congress and its con- icy to the Congress. The Treasury Sec- friend from Tennessee recalls because stitutional responsibilities. It included retary, who is confirmed by the Senate, he was here, as I was, and he was right the impoundment of funds appropriated has to justify his decisions and actions in the middle of the news of that day by Congress by Mr. Nixon. to Congress and to the public. The and time—the Nixon administration ‘‘Quite clearly,’’ I wrote in my own President’s economic adviser, however, attempting to create an entire execu- history of the Senate, ‘‘President has no such obligation. tive system to bypass Congress. It has Nixon set out to circumvent Congress.’’ These are policymakers inside the been called a ‘‘personalized presi- ‘‘Had Nixon succeeded,’’ wrote Ar- White House who operate outside the dency.’’ It has been called an ‘‘adminis- thur Schlesinger, ‘‘he would have effec- constitutional system of checks and trative presidency.’’ But whatever we tively ended Congress as a serious part- balances. call it, President Nixon wanted an ad- ner in the Constitutional order’’—a With the creation of this new Depart- ministration in which the Federal Gov- stunning thought that, through such ment of Homeland Security, my con- ernment would be run out of the White brazen power grabs by the administra- cern—indeed, what should be the con- House, while the executive depart- tion, in fact, one man could so dra- cern of every Member of this body—is ments, those agencies and offices that matically shift the balance of power that the Department and its Secretary are subjected to the oversight of Con- that safeguards the people’s liberties. will be used as decoys to divert the at- gress—I am talking about the people’s It should worry us all. It should worry tention of the American public away branch—were, for all practical pur- us, as the people’s elected representa- from the White House’s Office of Home- poses, stripped of policymaking powers. tives. It should worry the media, as the land Security and its Director, Tom I do remember that period quite well. fourth estate that is to enlighten the Ridge. I was the Senate Democratic whip at people—our people. It should worry us I speak with great respect for Tom the time. Senator THOMPSON must re- all just how easily that shift can be ac- Ridge, who happens to be the person in member that period, too. He was mi- complished. that position at this point. It could be nority counsel to the Senate Select Cloaked in secrecy and shrouded in ‘‘Jack in the Beanstalk,’’ or John, or Committee on Presidential Campaign arrogance, the Nixon administration Henry, or Robert—whatever. The White Activities—in other words, the Water- became one in which the President and House has tried to shield that office. I gate committee. He did a very com- his aides believed that they operated know. TED STEVENS knows that. I know petent job because he is a very com- outside the constitutional process and the White House has tried to shield petent man and a very knowledgeable beyond congressional oversight. ‘‘Even that office from the Congress and the person, as I said, and has a lot of the before Watergate,’’ wrote Nathan, American public ever since its creation sense of the American people who read ‘‘Nixon’s management strategy was last year. Oh, they are willing to come this thing and who are far ahead of any criticized as dictatorial, illegal and im- up, yes. I heard from Tom Ridge. He of us most of the time. polite.’’ was willing to come up and brief the I remember not only the Watergate My point is that Watergate didn’t members of the Appropriations Com- scandal, but I also remember the at- just happen. Years of Executive secrecy mittee. mosphere and the culture that created and arrogance and contempt for Con- Well, now, that is a way of getting it. As President Nixon’s counsel, John gress created it. As John Dean said, it around what the people desire. The Dean, later pointed out, Watergate was was an ‘‘inevitable outgrowth.’’ people deserve something better. The ‘‘an inevitable outgrowth of a climate’’ When I think of these preconditions people deserve to see these hearings. that had developed over the previous that led to Watergate, I keep think- The Appropriations Committee has years of the administration. ing—I cannot help but think of the cur- been created now since 1867. So for Foreign and military policy at the rent administration. I am concerned— these 135 years, since its creation, that time was being run not by the State no, let me say I am not just concerned, is the way it has been done. I know the Department so much or the Defense I am alarmed that in this administra- other body apparently settled for that Department but largely out of the tion we are witnessing another kind of thing but not our side; we are White House by the National Security Nixonian approach to Government; not going to settle for that. We will do Council, with National Security Ad- that is, holding the Congress at bay, it the way it has always been done—out viser Henry Kissinger in command. saying to congressional committees, there within public view, with the There existed at the White House a no, this man won’t come; he is not record being written, questions being layer of Government between the coming up there—holding the Congress asked, and the American people watch- President and his Cabinet departments, at bay using Senate-confirmed depart- ing. with their congressionally confirmed ment and agency heads, while the real The American people want answers Cabinet secretaries. policy decisions are being made by ad- to these questions, not just members of To run domestic policy, the Nixon visers to the President behind the pro- the Appropriations Committee. So it is administration created a White House tected walls of the White House. That the way it has been done for 135 years, Domestic Council, which was patterned is where the real decisions are being and as long as I am chairman, that is after Kissinger’s version of the Na- made. the way it is going to be done. We are tional Security Council. According to The Assistant to the President for not going to settle for merely briefings. former Nixon administration official National Security, Condoleezza Rice, We can get that from lots of people. Richard Nathan, in his book, ‘‘The Plot plays a major role in crafting foreign But title II of the Lieberman bill That Failed: Nixon and the Adminis- policy for the Bush administration. seeks to make the actions of a Home- trative Presidency,’’ Nixon’s intent That position, however, unlike that of land Security Office inside the White was ‘‘to achieve policy aims through Secretary of State, is not subject to House more accessible and more ac- administrative action as opposed to Senate confirmation. While the Sec- countable to the public. What we must legislative change.’’ I repeat, ‘‘through retary of State testifies regularly be- strive to avoid is a White House Home- administration action as opposed to fore the Congress and is accountable land Security Office—be it the Ridge

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.057 S09PT1 S8364 CONGRESSIONAL RECORD — SENATE September 9, 2002 office or John Doe’s office or the one How many Senators would believe [P]roblems . . . that automatically lead envisioned by the Lieberman sub- those men who signed that Constitu- presidents sooner or later to move in the di- stitute—that would act as a puppet- tion of the United States would say rection of deciding that the only way to get master for Homeland Security, pulling anything done, to cut through the red tape, that? They would turn over in their to be able to move aggressively, is to have it the strings of the new Department and graves, as we hear an expression often done, in effect, inside the boundary of the its Secretary from behind a curtain of in our part of the woods. They would White House. secrecy. turn over in their graves to even con- That was now-Vice President CHENEY That is why it is so important that template such a thing. back then. the White House office, whatever its A major reason our Government has Is that what is going on now? I re- form, whoever its Director may be, be been so successful is that our Founding member the concerns and issues raised held accountable to the Congress and Fathers were wise and cautious people by Members on the other side of the the American people. The head of that who had no naive expectations about aisle when the Clinton administra- office must be a confirmable position, human behavior. They understood tion’s health care task force was form- no matter what the President—any human behavior. It has never changed. ing its policies in secrecy. One Repub- President—may say. After all, we hear It is just like it was when Adam and lican Senator, who is here today—not that this battle, this war on terrorism, Eve were in the garden, just as it was on the floor right at this time—de- is going to go on for a long time. So I when Cain slew Abel. It does not nounced the Clinton administration for take ‘‘a long time’’ to mean beyond change. That is why we have Saddam operating—and I quote the Senator—a this year, beyond next year, beyond the Hussein because human nature has not ‘‘shadow government, without account- next election, beyond the next 2 years. changed. ability to the American people.’’ And who knows, we may have a dif- Everybody loves power, and some- That Senator went on to say that: ferent President in 2 years; we may times we get intoxicated with the All Americans should know what their have a Democratic President. power we have. That intoxication feeds Government is doing and how it is spending Will I feel any differently? No, not on intoxication and power feeds on public funds. That is just the way we ought one whit. No. The head of that office power. I would much rather believe to do things in a democracy.’’ must be a confirmable position. If the that the American people were in the While I do not agree this is a democ- war is going on for a long time, that mix. I should think any President racy—Senators know we do not pledge position is going to be there a long would want that to be the way: I have allegiance to the Flag of the United time. That office will be there a long nothing to hide; let the American peo- States and to the democracy for which time, and it should be a confirmable ple see it. it stands. This is a republic. But that is position. James Madison, the Father of our neither here nor there. If there is a Democratic President in Constitution, had a shrewd view of This Senator said that is just the office 2 years from now—and who human nature. He knew that those who way we ought to do things in a democ- knows. I do not know if I will be achieved power too often tried to racy. Well, I think that Senator was around or not. Only the Good Lord amass more power or, in other ways, right. He was a Republican Senator knows that. But whether I am around misuse their power. ‘‘If men were an- from Iowa, Senator GRASSLEY. or not, that position, under a Demo- gels,’’ he observed in Federalist 51, ‘‘no Another Republican Senator at that cratic President or under a Republican time, Senator Simpson, charged: President, should be confirmed by the government would be necessary.’’ According to Madison, history The secrecy on the ongoing negotiations United States Senate. He should be ac- showed that those in power often over- within the confines of the White House is a countable to the American people, the reach; they want more. It is like that major concern of mine. . . . Health care is people out there who are looking too important an issue to the American pub- song: Give me more, more, more of through those electronic lenses right lic to deliberate behind secretive walls of the your kisses. They want more, more, up there, right now. He should be ac- White House. more power. countable to them. Well, Senator Simpson was right, Mr. President, the men who drafted According to Madison, history too. I do not dispute those comments, our Constitution carefully laid out a showed that those in power often over- but I do ask this: If health care is too system of government that has worked reach and, as a result, power too often important an issue to the American remarkably well for more than two can become located in a single person public to deliberate behind the secre- centuries. It began in 1789. The First or a single branch of government, ei- tive walls of the White House, then Congress in 1789 was probably the most ther of which is dangerous to liberty. what about the challenges of pro- important Congress of any of the 107 That is what we are talking about, the tecting our Nation in this frightful new Congresses we have had. There was no liberty of the American people. We are age of terrorism, and what of a White Congress before it to tackle those prob- not talking about the prerogatives of House that seeks broad new authorities lems. That Congress took on great the Senate per se. They are preroga- without respect to the harm they may problems, and the Senate especially is tives of the Senate by the Constitu- do to the people’s liberties or to our to be credited with the formulation of tion, but it goes deeper than that. system of government? What about an the Judiciary Act, creating the judici- We are talking about the people’s lib- officer who has his hand in intel- ary. erties. ‘‘The accumulation of all pow- ligence, health care, law enforcement, There we are, 1789. What would those ers, legislative, executive, and judici- commerce, environmental protection, signers of that Constitution think ary, in the same hands,’’ wrote Madi- transportation, agriculture, all mat- about the way we are running our Gov- son, ‘‘may justly be pronounced the ters that fall under the broad rubric of ernment today? Would they say to very definition of tyranny.’’ homeland security? What of a White ROBERT BYRD: Senator BYRD, you This very point was emphasized by House officer who would be granted should take your seat; there is no rea- none other than the Vice President of never-before-seen authorities to in- son for that person to be confirmed; he the United States, RICHARD CHENEY, volve the U.S. military? should not be confirmed; we should ac- when as a Member of the House of Rep- Now get this, Mr. President, as you cept at face value whatever President resentatives, during a hearing by the sit up there in that chair presiding is in office, whether he is a Democrat Iran-Contra committee, he, RICHARD over this august body. It is probably or Republican. They would say: We did CHENEY, lectured Oliver North saying, not very difficult to preside over when not have any political parties in our and I quote the now-Vice President: there are only three Senators in the time, but you have them. You ought to There is a long tradition in the Presidency Chamber. What of a White House offi- just sit down and not worry. Leave it of presidents and their staffs, becoming frus- cer who would be granted never-before- all to the President. If he is a Demo- trated with the bureaucratic organizations seen authorities to involve the U.S. they are required to deal with, to increas- cratic President, leave it all to him. If ingly pull difficult positions or problems military in any domestic matter that he is a Republican President, leave it into the White House to be managed because can be labeled ‘‘homeland security’’? all to him. Leave it up to him. Trust there is oftentimes no sense of urgency at What about that? him. Don’t require that person to be State or at Defense or any of the other de- Let me read that again. What of a confirmed. partments that have to be worked with. . . . White House officer who would be

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.059 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8365 granted never-before-seen authorities The Secretary and the Director shall de- fairs, but we do not seem to recognize to involve the U.S. military in any do- velop the National Strategy for Combating that the wall between civil and mili- mestic matter that can be labeled Terrorism and Homeland Security Response. tary government may be eroding as we ‘‘homeland security’’? Then it goes on and tells the respon- speak. It is imperative, therefore, to That is enough to choke on, is it not? sibilities of the Secretary, and among ensure that any White House officer Give me a glass of water. My gosh, that those responsibilities I go down to the who would be granted such broad pow- is enough to choke on. That is more word ‘‘contents,’’ and then I go down to ers—as, say, Mr. Ridge would be—to in- than a bone. We will find that more the fourth paragraph which reads as sert the military into ‘‘all aspects’’ of than a bone in one’s throat. follows: the homeland security strategy should The White House is clearly seeking Plans for integrating the capabilities and also be made accountable to the peo- new and expanded roles for the mili- assets of the United States military into all ple’s representatives. tary within our own borders. It has ar- aspects of the Strategy. I recognize the value of an Executive ticulated as much in the homeland se- Title III of the Lieberman bill talks Office to coordinate homeland security curity plan the President released last about the Strategy. And so the Direc- efforts across the Federal Government. July. tor and the Secretary together will de- But there is also a need to ensure that The White House aims to provide velop the National Strategy for Com- any office with such long arms, so able broad authorities to the military as bating Terrorism and Homeland Secu- to reach into the affairs of so many part of its national antiterrorism rity Response. That is being done now agencies, and with powers so sweeping homeland security plan. That should in the White House by the Director, that it can trim the liberties of the give us all pause. Tom Ridge, I would say undoubtedly. American people is, ultimately secured I am certainly not to be equated in Senator LIEBERMAN is trying to put— under the control of the people. Title II any sense with George Washington, but I have a little dog. I used to have a dog of the Lieberman bill attempts to re- I think of George Washington who said, named Billy. I have a little dog now spond to that need. I have grown old and gray in my coun- whose name is Trouble. My wife named The mere fact that White House advi- try’s service; now I am growing blind. him Trouble. She may have been look- sors have quietly accumulated broad So in that sense I am a bit like George ing at me when she named the dog. We powers in the past is certainly no rea- Washington. put a little collar on that dog, and then son to allow a White House office with Now, when we are talking about the I have a nice little chain that goes into influence of this magnitude and with- military, I am reading from the na- the collar. That little dog might go out congressional oversight to go for- tional strategy for homeland security. astray if we did not have that collar on ward. This is what it says, in part—these are that sweet little dog. She has my wife major Federal initiatives. I will just and I around her two front paws. So We stand today in the swirl of unan- pick out this one. It jumps out at me. when I take her out for a walk, she swered questions about this adminis- Review authority for military assistance then would not run out on the street tration’s intent with regard to an in domestic security. Federal law prohibits and get run over by a car. unprovoked, preemptive attack against military personnel from enforcing the law Senator LIEBERMAN is seeking to put the sovereign nation of Iraq, the rea- within the United States except as expressly a collar on this office. He is seeking to sons for which have not yet been ex- authorized by the Constitution . . . put a chain on it, and for good reason. plained to Congress or the American Oh, that word. How many of us have So Lieberman’s substitute includes people. Perhaps the White House has heard that word on television recently, language requiring the Director—this the answers to the questions that peo- the word ‘‘constitution’’? Let me read is the chain in the collar—requiring ple are asking about why we may soon that again. the Director of the new national Office send our sons and daughters to fight, Federal law prohibits military personnel for Combating Terrorism, in consulta- and perhaps die, in the sands of the from enforcing the law within the United Middle East, but thus far, we have en- States except as expressly authorized by the tion with the Homeland Security Sec- retary, to develop a national strategy countered only a wall of secrecy at the Constitution or an act of Congress. The other end of Pennsylvania Avenue—a threat of catastrophic terrorism requires a that would include plans for inte- thorough review of the laws permitting the grating the capabilities and assets of wall built on the pillars of Executive military to act within the United States in the U.S. military and to all aspects of privilege. order to determine whether domestic pre- the strategy. The White House Home- On the issue of homeland security, paredness and response efforts would benefit land Security Director, Mr. Ridge, is however, the lives at risk are not only from greater involvement of military per- under similar orders from the Presi- of those who have chosen to serve our sonnel and, if so, how. dent. But at least, as I say, under the country in uniform. Homeland security All right, Senators, see if you can Lieberman plan, the Government offi- is about protecting the lives of inno- swallow that one. Apparently, there is cial responsible for developing plans to cent civilians—men and women, chil- some thinking going on in certain cir- mobilize U.S. troops within our own dren and grandparents—from terrorist cles, because this says so, that the borders, if it comes to that, would be attacks. The current administration is threat—I will read this portion again: held accountable—and I hope it does quite evidently eager to avail itself of The threat of catastrophic terrorism re- not come to that—to the American every past precedent and every current quires a thorough review of the laws permit- public and the Congress. That is a crit- day opening to hide its affairs from the ting the military to act within the United ical difference. public eye. If anything, we, the people’s States in order to determine whether domes- representatives, should be alarmed. tic preparedness and response efforts would Certainly the American people benefit from greater involvement of military should feel uncomfortable with the If I were Paul Revere and had the personnel and, if so, how. thought of government officials, hid- lungs, brass lungs, if I could speak as I say to Senators, beware. den away inside of the White House, thunder from the cloud in a storm, I The Lieberman substitute includes drawing up plans on how to insert the would insist that any such powerful language requiring the Director of the military into the homeland security ef- White House Homeland Security Office new National Office for Combating Ter- forts of our communities. Ours is a na- not be allowed to operate outside the rorism, in consultation with the new tion in which the streets of our small reach of the American people. Homeland Security Secretary, to de- towns and large cities are patrolled by So I urge the Senate to refuse to be velop a national strategy that would civil forces, not tanks and black hawk a party to erecting such a dangerous include ‘‘plans for integrating the ca- helicopters. Our policemen are ac- wall of secrecy between the people and pabilities and assets of the United countable to locally elected leaders, their government. I urge the Senate to States military into all aspects of the not four-star generals in distant com- refuse to be a party to erecting such a Strategy.’’ mand centers. Our citizens are tried in dangerous wall of secrecy between the Let me read that to Senators. I read courts of law, not secret military tri- American people and the American from the substitute by Mr. LIEBERMAN. bunals. We may, in an abstract sense, Government, their Government. I urge I read title III, section 301, the section recognize the danger of a growing in- my colleagues to vote against the entitled ‘‘development,’’ which says: volvement of the military in civil af- Thompson amendment.

VerDate Sep 04 2002 05:58 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.072 S09PT1 S8366 CONGRESSIONAL RECORD — SENATE September 9, 2002 So, Mr. President, here we are. We tened and they have given great con- This is the beginning of the second are talking—I am not sure we are de- sideration to our concerns in those re- week on which we have been on this bating it, but we are talking—about gards—I will not make the point of bill, though last week was a shortened this massive piece of legislation that order, as I indicated was available to week because of Labor Day at the be- would constitute the greatest reorga- me and I could have made, but I am not ginning and our joint meeting in New nization of the American Government going to do that out of respect for York at the end. since 1789—not since the Department of them. They are managers of the bill, This bill deserves the involvement Defense was created, not since the Na- not I. But I must say I am very con- for which the Senator from West Vir- tional Security Act, but I think the cerned, extremely concerned about this ginia has called. I thank him for it. I greatest reorganization of Government whole matter. echo it. We are going to keep moving and, it is certainly arguable, since 1787, I think the language that has been forward. when our constitutional forebears met brought to the floor by Mr. LIEBERMAN I thank Senator THOMPSON for put- in Philadelphia to create a new Con- and Mr. THOMPSON is—I wouldn’t say ting forward a very consequential stitution, a new Government under a light years ahead, but it is certainly amendment which deserves the atten- new Constitution, while those men at way ahead of the House bill. I only tion of all Members of the Senate. Philadelphia were serving under the hope Senators will read the House bill I appreciate what the Senator from Constitution that then guided them, so that they can see the legislation West Virginia has said. There is a point and that then obtained the Constitu- that pretty accurately reflects the ad- of order that is appropriate here. He re- tion under the Articles of Federation. ministration’s position with respect to serves the right, of course, to make that point, as others of us do, and I That was the first Constitution, that this new Department. I am telling you, would like to counsel with him on this was the first American Constitution. it will make your hair curl if you pay tomorrow as we go forward and also to There were State constitutions, State close attention to that language. engage the Senator from Florida, Mr. constitutions in 13 States before that I have some problems with this sub- GRAHAM, who was a major contributor time. They reconstituted this Govern- stitute, I have to say. But I will have and drafter of this particular part of ment. Not all of the delegates from the opportunities as time goes on. I have the amendment we have put before the 13 States attended; Rhode Island did an amendment which I will offer. I have more amendments than one, but I Senate. not think too much of the idea. But The bottom line is I want to thank do have one I am going to offer within under that Constitution, and the new the Senator for West Virginia for his the next few days. Constitution, the support and ratifica- commitment, his understanding of how I hope, may I say to the chairman tion by nine States would constitute significant this piece of legislation is, and ranking member, that other Sen- enough, a sufficient number to adopt and the extent to which he has devoted ators will come to the floor and discuss this new Constitution and create a new his valuable time to studying the var- this amendment. I hope they will come order of—a new order of the ages. ious proposals and then his valuable to the floor and discuss this amend- ‘‘Novus ordo seclorum,’’ a new order of time to preparing the learned state- ment. I hope they will read in the the ages. There it is, up there on the ments—I go back to that adjective— RECORD tomorrow morning what was wall. They created it. learned statements that he has already ‘‘Annuit coeptis.’’ He has favored our said today and that they, too, will made in the 3 or 4 days we have been on undertakings. God. come to the floor. The people will prof- the bill, on different parts of the bill. So they set forth a new order for the it by vigorous debate. He sets a standard for the rest of us. I I thank both Senators for their cour- ages. They created anew, they reorga- must say even when, as occasionally tesies to me. I have great respect for nized this Government. That was the happens, I do not agree with him, I al- greatest reorganization ever. And there them. ways benefit from his involvement and Mr. President, I yield the floor. was the reorganization of the military appreciate very much his extraor- The PRESIDING OFFICER. The Sen- that we have already talked about. And dinary public service. now we come along with this reorga- ator from Connecticut. I yield the floor. nization. But this is a far-reaching re- Mr. LIEBERMAN. Mr. President, I Mr. WARNER. Mr. President, on organization and this is a new Depart- thank the distinguished Senator from June 6 of this year, President Bush pro- ment. West Virginia for a characteristically posed the establishment of a Depart- Senators will remember the first learned statement, and also for the ment of Homeland Security and, argu- three Departments were the Depart- passion with which he has delivered it. ably, the most fundamental reorganiza- ment of State or foreign affairs, the He always informs this Senator and il- tion of the United States Government Department of War, and the Depart- luminates and informs the debate gen- since the passage of the National Secu- ment of the Treasury. And the first erally. I am very grateful to him. rity Act of 1947. committees, the real committees of the I share his wish that Senators will This proposal by our President is the Congress, were created in 1816—the per- come to the floor and debate this logical culmination of a very delib- manent committees. And the Appro- amendment. This amendment really erate process that started when then- priations Committee, as I say, was cre- does, as I indicated earlier today, go to Governor George W. Bush established ated in 1867. But here we are. We are one of the pillars of the bill. It is not homeland security as his highest pri- creating a new Department of Govern- just a bill to create a Department of ority during a speech at the Citadel in ment. Homeland Security. It is a bill to cre- September 1999, when he stated, ‘‘Once I have been here when several new ate a Department of Homeland Secu- a strategic afterthought defense has Departments have been created. This rity and Combat Terrorism. The become an urgent duty.’’ will not be my first one, but this is the strength and structure and authority While I support the overall intent of one which gives me greatest pause, the and accountability of this White House the legislation and strongly agree with creation of this Department. office really will determine, in my the need to better organize our Govern- I will not proceed to make a point of view, how effectively we will be able to ment to protect our homeland, I do not order against this amendment at this combat terrorism. support all provisions of this bill as time. I am not the manager of this bill. Senators were here for a vote earlier drafted. Two such provisions are ad- I am not even on the committee that today. As the Senator from West Vir- dressed by the pending Thompson created it. But I still have the rights of ginia said, I know and respect the dif- amendment—which I support—which any Senator, so I can make a point of ficult schedules of Senators, but this is would strike titles II, and III of the un- order. But out of courtesy to the dis- a very important amendment and I derlying legislation. tinguished chairman of the committee hope more Senators will come to the Title II mandates the establishment and the distinguished ranking member, floor tomorrow. I believe it is the in- of a National Office for Combating Ter- who certainly has listened to me and tention of the leadership to move to a rorism and title III mandates the de- my concerns—and TED STEVENS and his vote on this amendment sometime to- velopment of a national strategy for concerns, our concerns with respect to morrow afternoon. There are many terrorism and homeland security re- the power of the purse—they have lis- amendments filed by other Senators. sponse. I would like to note that the

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.076 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8367 administration is strongly opposed to burdensome and would divert attention Throughout the 1990s, Mr. Schneider both of these titles. and resources away from the adminis- continued to be one of the Navy’s lead- On October 8, 2001, following the tration’s focus on homeland defense ing engineers, becoming Executive Di- tragic events of September 11, Presi- and the global war on terrorism. rector of the Surface Ship Directorate. dent Bush formed the Office of Home- As the President stated in releasing In October 1994, he became Executive land Security in the Executive Office the homeland security strategy on Director and Senior Civilian of the of the White House to oversee imme- July 16, ‘‘The U.S. Government has no Naval Sea Systems Command where he diate homeland security concerns and more important mission than pro- led efforts to revamp the Navy business to propose long-term solutions. Gov- tecting the homeland from future ter- process by adopting commercial cost ernor Ridge and others have worked rorist attacks.’’ We in the Congress processes and practices in the acquisi- hard under the President’s guidance to should do all we can to help our Presi- tion of major systems. He also imple- produce a comprehensive plan that now dent achieve this goal. mented training and education pro- deserves our serious consideration and I urge my colleagues to support the grams to retool the Navy’s acquisition support. Thompson amendment. workforce for the 21st century. In 1998, To now mandate the establishment of f Mr. Schneider became Principal Dep- a national Office for Combating Ter- uty Assistant Secretary of the Navy MORNING BUSINESS rorism within the Executive Office of for Research, Development and Acqui- the President would be redundant to Mr. REID. Madam President, I ask sition. the structure currently in place, par- unanimous consent that the Senate Mr. Schneider has earned numerous ticularly since the President has al- now proceed to a period for morning awards, including the Department of ready stated his intention to retain the business with Senators permitted to Defense Distinguished Civilian Service position of Assistant to the President speak for up to 5 minutes each. Award, the Department of the Navy for Homeland Security. The PRESIDING OFFICER (Ms. Distinguished and Superior Civilian Additionally, I have serious concerns CANTWELL). Without objection, it is so Service Awards, and Presidential Dis- about the budget review and certifi- ordered. tinguished and Meritorious Executive cation authority provided by this legis- f Rank Awards. lation to the proposed Director of the TRIBUTE TO MR. PAUL SCHNEIDER I could go on and on about the many National Office for Combating Ter- significant contributions made by Paul rorism. In my view, such authorities Mr. LOTT. Madam President, I would Schneider throughout his long and dis- would undercut the ability of several like to recognize the professional dedi- tinguished career. There are almost too Cabinet-level officials, including the cation, vision, and public service of Mr. many to recount. Despite his many Secretary of Defense, the Secretary of Paul Schneider, who is leaving his posi- professional, technical, and engineer- State, the Attorney General and the tion as the Principal Deputy Assistant ing achievements, perhaps his most Director of Central Intelligence, as Secretary of the Navy for Research, noteworthy trait is his genuine con- well as the new Secretary of Homeland Development and Acquisition. It is an cern for those around him. He regards Security, to carry out their primary honor for me to recognize the many as his family the entire community of responsibilities. outstanding achievements he has pro- military personnel, civilian employees, In the case of the Department of De- vided to the Assistant Secretary of the contractors, and industry who faith- fense, the Secretary of Defense has Navy for Research, Development and fully serve the Navy throughout the wide-ranging responsibilities to protect Acquisition, the Navy, and our great world. His memberships in the Amer- vital U.S. interests and to prevent Nation. ican Society of Naval Engineers, Soci- threats from reaching our shores. The Mr. Schneider has spent almost four ety of Naval Architects and Marine En- Department, under the leadership of decades ensuring our Nation and its gineers, Association of Scientists and Secretary Rumsfeld, is currently en- naval forces are equipped with the Engineers, Navy League and the Naval gaged in an all-out global war against technological supremacy to ensure vic- Institute attest to his dedication to be terrorism—designed to bring to justice tory over America’s enemies. As our a friend, counselor, and mentor to those responsible for the September 11 Nation enters the 21st century and many hundreds of junior personnel who attacks on our Nation and to deter faces new and unsettling changes, the have had the pleasure to serve under would-be terrorists and those who har- leadership and technological achieve- him during his tenure. bor them from further attacks. ments Mr. Schneider has nurtured will I ask my colleagues to join me today The Secretary of Defense must en- continue to ensure our strength and as I wish Mr. Paul Schneider all the sure that the Department is adequately freedom. best in his future as he continues his and properly funded to carry out its Mr. Schneider began his public serv- successful career as Senior Acquisition many missions. It would be unwise to ice career over 37 years ago at the Executive for the National Security subject portions of the budget carefully Portsmouth Naval Shipyard as a Agency. On behalf of my colleagues on prepared by the Secretary of Defense to project engineer to the Submarine Pro- both sides of the aisle, I wish Paul and a ‘‘decertification’’—in essence, a pulsion and Auxiliary Machinery his loving wife Leslie fair winds and veto—by an official who does not have Branch and Waterfront Design Liaison following seas. to balance the many competing needs Office. Throughout the 1970s Mr. of the Department of Defense and the Schneider was a key member of the f men and women of the Armed Forces. Navy’s Trident submarine program, Title III of the pending legislation re- where he provided leadership, exper- REMEMBERING ALAN BEAVEN quires the development of a national tise, and vision in design, engineering, Mrs. FEINSTEIN. Madam President, strategy for combating terrorism and program management, and advanced I come to the floor today to honor the the homeland security response. When technology development. heroism of Alan Beaven—a Californian the President established the Office of The Navy, recognizing Mr. Schnei- aboard Flight 93 who helped prevent Homeland Security, he directed Gov- der’s leadership and engineering exper- the terrorists from crashing another ernor Ridge to develop a comprehen- tise, brought him to the Naval Sea Sys- airplane into its intended target on sive strategy to protect the United tems Command in 1981 to be a Deputy September 11, 2001. States from terrorist attacks. Director in the Engineering Direc- As we approach the one-year anniver- In July of this year, President Bush torate where he was responsible for de- sary of that horrible day, our thoughts unveiled his Homeland Security Strat- sign and engineering of ship and sub- turn to the heroes like Alan who gave egy, precluding the need for Title III of marine mechanical and electrical sup- their lives to save others. the pending legislation. Legislating port systems and auxiliary machinery. To honor the courageous passengers anything other than a periodic review In his next assignment, Mr. Schneider of Flight 93, I joined Senator SPECTER and update of this strategy in conjunc- became executive director of the Am- to co-sponsor the ‘‘Flight 93 National tion with normal updates of our overall phibious, Auxiliary, Mine and Sealift Memorial Act,’’ which I believe the national security strategy would be Ships Directorate. Senate will pass today to establish a

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.021 S09PT1 S8368 CONGRESSIONAL RECORD — SENATE September 9, 2002 memorial at the crash site in Pennsyl- In fact, John’s early memories of his Though my father did not place a tele- vania. This legislation will also estab- father were of the two of them playing phone call in his final hour, other such cor- lish a Flight 93 Advisory Commission catch for hours on end. When John was respondences indicate his exceptional in- to recommend planning, design, con- 5, the family moved from London to volvement. Reports were made of great men well above the height of six feet leading the struction, and long-term management New York and before they could drop passengers toward the captured cockpit. My of the memorial. off their luggage, young John made dad, 6′3″ and 215 lbs., was one of few men who I believe it is important to pass this Alan play catch in Central Park. met this description. legislation before the anniversary of In a tribute to Alan, the Beaven fam- Finally, the assumption of his extraor- September 11 to appropriately recog- ily decided not to have a funeral, but dinary bravery in death is founded on the nize the heroism of Alan Beaven and instead a ‘‘Thanksgiving for the life of thematic valiance of his life. Whether in his the other Flight 93 passengers. Alan Anthony Beaven.’’ professional or personal activities he met op- I would like to take a few moments And what a life it was. position with strength and spirit. It is under- to tell the world about Alan and his Alan was born in New Zealand on Oc- stood by all who knew him that he continued this trend in passing. family. tober 15, 1952. He worked as an attor- Alan Beaven wasn’t supposed to be In conclusion, I concede that assumptions ney in New Zealand, England, New based on the thematic valiance of his life do on Flight 93 that tragic day. On Mon- York, and California. As a top environ- not warrant superlative public recognition. day, September 10, Alan and his wife mental lawyer, Alan worked on over However, his stature and his physical place- Kimberly were in New York planning 100 clean water cases in just 10 years in ment at impact beg it. Finally, the cockpit for a year long sabbatical in India to California. voice recording demands it. I ask you to do work for a humanitarian foundation. Friends and family of Alan say they all in your power to issue due credit to my Alan was a top environmental lawyer are not surprised that Alan risked his father. He led a group that led a nation that led an international campaign against the in San Francisco who planned to volun- own life so selflessly to save others. teer his services in India. threat of fanatical hostility. My father is a The day after the terrorist attacks hero. Alan was headed east, not west, but on our nation, Alan’s secretary went there was one last case involving pollu- Sincerely, into his office and found a single piece CHRIS BEAVEN. tion in the American River near Sac- of paper tacked up at eye level on the ramento and settlement talks had bro- wall in front of his desk. It was a quote AUGUST 1, 2002. ken down that Monday. Alan had to he heard that week which summed up Hon. DIANNE FEINSTEIN, head back. how he lived his life, and how he ended U.S. Senate, Hart Senate Office Building, Tuesday morning Alan drove to New- it when he joined others to fight back Washington, DC. ark, New Jersey to catch a flight to the DEAR SENATOR FEINSTEIN: On April 18, 2002 against the terrorists. Alan wrote, West Coast. Flight 93 was 40 minutes in Princeton, NJ, I heard the voice of my ‘‘Fear, who cares?’’ And these words late that day—giving passengers on- husband, Alan Beaven, on the cockpit voice adequately describe his actions aboard board time to learn about the planes recorder of United Airlines Flight 93 that Flight 93. crashed in Shanksville, Pennsylvania on that had crashed into the World Trade I did not know Alan Beaven, but this September 11, 2001. Center and the Pentagon. A few called quote tells me all I need to know about I know without a doubt that I heard Alan’s home on cell phones to express their him—that he was a fearless, loving, voice shout ‘‘Turn up!’’ at the time on the love and say that a group of passengers and devoted man. tape’s clock of 10:02:17.3. My stepson, Chris were determined to fight back against One year later, it is clear that our Beaven, who was listening to the VCR at the same time, independently made note of the the hijackers—Alan Beaven was one of Nation has lost a superstar environ- those brave men. exact same words and time. mental lawyer, a loving father and hus- No one knows for sure what happened There are at least two other occasions that band, and a true hero—Alan Beaven. aboard that airplane, but we do know I am very confident that Alan’s voice was re- I ask unanimous consent to print the countless lives were saved when that corded. These additional times were of two letters to which I referred in the shouting and ‘‘aargh’’ noises, familiar to us plane was diverted from its intended RECORD. as Alan often ‘‘wrestled’’ playfully with his target. sons. The distinct sounds were very similar. Even though Alan’s seat was in the There being no objection, the letters were ordered to be printed in the The times I noted for these sounds were back of the airplane, his remains were 9:38:36.3 and 9:40:17.7. RECORD, as follows: found in the cockpit at the crash site As you know, Alan’s physical remains were AUGUST 9, 2002. in Pennsylvania. The Beaven family found in the cockpit area of the plane. Alan Hon. DIANNE FEINSTEIN, was a 6 foot 3 inch, 205 lb powerful man. A has also heard Alan on the cockpit U.S. Senator, Hart Senate Office Building, brilliant litigator who made his life’s work voice recorder, so it is clear that Alan, Washington, DC. fighting for justice. I, and all who knew standing 6 feet 3 inches tall and weigh- DEAR SENATOR FEINSTEIN: My father, Alan Alan, know he was an active participant that Beaven, was among those 33 passengers of ing over 200 pounds, fought with the hi- fateful day. United Airlines Flight 93. Their hurried steps jackers. Please ensure that Alan Beaven and all the toward the cockpit were the first in an inter- I will enter two letters I have re- passengers of Flight 93 are duly honored for national campaign against the threat of fa- ceived from the Beaven family into the their heroic actions in preventing the terror- natical hostility. For this they should be RECORD. Alan’s wife, Kimberly, and his ists from destroying their intended target in celebrated. son, Chris, wrote to me about what My dad played a central role in the depos- Washington, D.C. they heard on the cockpit voice re- ing of his flight’s assailants. Not only did he Sincerely, RS. KIMBERLY BEAVEN. corder in April when the families of the cooperate in an organized effort but he com- M passengers of Flight 93 were allowed to manded it as well. for this effort he should be f listen to the struggle aboard the air- particularly acknowledged. JOHN E. COLLINGWOOD OF THE craft. The cockpit recorder (C.V.R.) substan- My heart goes out to Alan’s wife, tiates my claim of his exceptional heroism. FEDERAL BUREAU OF INVES- Kimberly, and his three children John, At a private listening in Princeton, New Jer- TIGATION sey I twice heard his accented words. His Mr. THURMOND. Madam President, I Chris, and Sonali. John earned a biol- final phrase, ‘‘Turn up!’’ was shouted at ogy degree at UC San Diego where he 10:02:17.3 on the official C.V.R transcript. rise today to recognize the service of was captain of the baseball team and Given the range of sensitivity of the cockpit my good friend John E. Collingwood, an Olympic torch bearer when the microphones and my father’s seating place- upon his retirement as the Assistant torch went through Sacramento on its ment in the rear of the plane I reasonably Director for the Office of Congressional way to Salt Lake City this past winter. believe that these findings indicate my dad’s and Public Affairs for the Federal Bu- John’s brother Chris attends Loyola extraordinary actions. reau of Investigation. Mr. Collingwood Marymount University and sister Secondly, my father’s remains were recov- will retire after 27 years of exemplary ered in the front of the aircraft. Authorities service as a Special Agent of the FBI. Sonali is 5-years-old. confirmed that D.N.A. testing placed him in Alan’s great joy was his family. He the cockpit at the time of impact. Again, As Mr. Collingwood enters the private spent hours reading to Sonali, scuba given his seating placement, this evidence sector, he leaves behind an irreplace- diving with Chris, and playing catch undoubtedly proves his centrality in the ef- able legacy of dedication, integrity, with John. fort to regain custody of United’s Flight 93. and success.

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.027 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8369 John Collingwood was raised in Find- Department of Agriculture responded bol that can become substance. I be- lay, OH, and graduated from Bowling to those concerns point-by-point, the lieve that by passing this legislation Green University in Ohio in 1970. Mr. ban continued until August 23. and changing current law, we can Collingwood then worked in the family Russia is the largest market for U.S. change hearts and minds as well. business and went on to graduate from chickens, with annual sales of about the University of Toledo Law School in one million tons valued at $600 million. f 1975. Upon graduation, he began his ca- This trade dispute had cost Georgia STOPPING THE LITIGATION reer with the FBI as a Special Agent in poultry producers, the most productive LOTTERY Detroit, MI. in the country, approximately $100 mil- During the following three decades, lion a year. Mr. FRIST. Madam President, the John Collingwood served the FBI in After many efforts to resolve this only level one trauma center in Las many capacities. After attending the embargo, American poultry producers Vegas shuts its doors. Twelve ortho- Defense Language Institute in Cali- may resume selling chickens in Russia. pedic surgeons at facilities near Phila- fornia, he became a Special Agent in I had joined with many of my col- delphia resign their practice. Two- Portland, OR. His first position at FBI leagues on multiple occasions in con- thirds of doctors in a small Mississippi Headquarters was in the Legal Re- tacting members of the administration city consider leaving for Louisiana. search Unit of the Legal Counsel Divi- about this unfair trade practice. For What is forcing our medical commu- sion. He then became the Unit Chief of example, I cosigned a letter to U.S. nity to take such drastic measures? the Civil Litigation Program. In 1992, Trade Representative Zoellick with 16 The ‘‘litigation lottery,’’ trial lawyers Mr. Collingwood was named to head other Senators on March 4. Soon after, filing too many lawsuits with the hope the Office of Public and Congressional on March 14, I personally wrote to the of winning excessive awards. Affairs and became the Assistant Di- President on behalf of Georgia poultry Medical malpractice litigation, when rector in 1997. producers. On March 22, I cosigned a an injured patient sues a doctor over a During the past three decades, Mr. letter to the President with nine of my medical error, has exploded in the Collingwood has made countless con- Senate colleagues. On May 9, I person- United States. Between 1995 and 2000, tributions to the Federal Bureau of In- ally wrote Trade Representative the average amount a jury awards a pa- vestigation. He can take pride in all of Zoellick on behalf of Georgia’s poultry tient rose more than 70 percent to $3.5 his accomplishments during his tenure. producers. Again, on May 17, I cosigned million per claim. And more than half Mr. Collingwood is to be commended a letter to the President with 51 of my of awards now exceed $1 million. Trial for working diligently to keep Congress Senate colleagues. Finally, on July 2, I lawyers, who are fueling this surge by informed about issues related to the cosigned a letter to the President with hand-picking patients whom they be- FBI. Under his leadership, the Office of 30 other Senators about the serious lieve will win large awards, typically Public and Congressional Affairs as- economic damage that the Russian take 30 to 40 percent of the proceeds. sumed responsibilities of the Freedom trade block was having on the Amer- Doctors purchase insurance to pro- of Information and Privacy Act and ican economy. tect themselves from malpractice law- implemented initiatives to increase the I believe that the continued focus by suits, but excessive awards have pushed FBI’s responsiveness to the public. I members of Congress, as well as the the cost of insurance to unaffordable would also like to congratulate him for diligence of the administration, helped levels. In 2001, insurance premiums his continuing efforts to help reshape bring about the successful resolution of rose 30 percent or more in some States. the structure of the FBI as our Nation this ban. At a time of economic uncer- And for doctors who perform high-risk deals with the tragedies of September tainty, the poultry producers of my procedures or practice where trial law- 11, State will certainly appreciate the re- yers have won excessive awards, pre- The positive impact Mr. Collingwood opening of this important market. miums have risen by as much as 300 percent per year. Many doctors can no has made on the FBI and our great Na- f tion runs deep, and I applaud him for longer afford to do the jobs they love. his leadership. During the past three LOCAL LAW ENFORCEMENT ACT But even more disturbing to doctors, decades, he has worked tirelessly to OF 2001 because we swear a sacred and ancient make positive changes within the agen- Mr. SMITH of Oregon. Madam Presi- oath to do no harm, is the impact of cy. It is because of individuals like dent, I rise today to speak about hate excessive awards on patient care. High him, that our Nation is the greatest in crimes legislation I introduced with insurance premiums are forcing doc- the world. Senator KENNEDY in March of last tors to move their practices to other It has been an honor getting to work year. The Local Law Enforcement Act States, adjust how they practice medi- with such an outstanding leader, and I of 2001 would add new categories to cine, or quit practicing medicine alto- wish Mr. Collingwood, his wife Mary current hate crimes legislation sending gether. Trial lawyers may be winning Ann, and his children, Stephanie and a signal that violence of any kind is the litigation lottery, but patients are Mark, the best of luck in future en- unacceptable in our society. suffering a health care crisis. deavors. For three decades, Mr. John E. I would like to describe a terrible First, excessive malpractice awards Collingwood served the Federal Gov- crime that occurred September 2, 2002 hurt access to health care. When a ernment distinguishing himself as one in West Hollywood, CA. Two gay men, trauma center closes or specialists re- of the hardest working leaders of our Treve Broudy, 33, and Edward Lett, 22, sign from a hospital or rural doctors time. His professional and friendly were brutally beaten while walking can’t deliver babies, patients must manner will be missed by all those who home after dinner. As the victims were travel longer distances to get the care have had the pleasure to work with Mr. walking, a car pulled up beside them. they need. They must also select from Collingwood, but I am certain that he The two assailants, one of whom wield- a smaller pool of physicians. When will continue to set a fine example for ed a bat, jumped out of the car and at- minutes, and a doctor’s experience, can others to follow. tacked the victims. Mr. Lett received mean the difference between life and f minor injuries, but Mr. Broudy was death, access to health care matters. critically wounded, having been kicked Second, excessive malpractice awards POULTRY EXPORTS and punched and struck violently in increase the cost of health care. Many Mr. CLELAND. Madam President, I the back of the head with the baseball doctors are forced to practice defensive want to express my relief that the long bat. No one has been arrested in con- medicine. They must order more tests, standoff with the Russian Government nection with the incident, which police write more prescriptions, and refer over American poultry exports has fi- are investigating as a hate crime. more patients to specialists to protect nally been resolved. On March 1, 2002, I believe that Government’s first themselves against lawsuits. A recent the Russian Government instituted a duty is to defend its citizens, to defend Federal report found evidence that rea- ban on American poultry imports and them against the harms that come out sonable limits on malpractice awards cited safety concerns about U.S. proc- of hate. The Local Law Enforcement would reduce health care costs by as essing procedures. Although the U.S. Enhancement Act of 2001 is now a sym- much as 5 to 9 percent per year.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.020 S09PT1 S8370 CONGRESSIONAL RECORD — SENATE September 9, 2002 Third, excessive malpractice awards ments to physicians and other health proven difficult. Methods for calcu- are the single largest barrier to im- care providers does not accurately re- lating the SGR have contributed to proving patient safety in our country. flect the costs associated with deliv- this divergence. The SGR is calculated Doctors and hospitals want desperately ering high-quality patient care. Reim- using estimated changes in spending to improve patient safety by sharing, bursement levels for providers partici- due to fee increases, changes in Medi- analyzing, and learning from medical pating the Medicare Program this year care fee-for-service enrollent, gross do- errors. I have proposed a bill that will decline by 5.4 percent. There is lit- mestic product GDP per capita and the would let them do that without the tle to suggest that the cost of pro- cost of new laws and regulations. More- fear of being sued for trying to improve viding care has declined. In fact, costs over, many of the factors that strongly patient care. But even the most limited to various providers have actually in- influence the overall cost of services restrictions on lawsuits are unaccept- creased over the past year. are difficult to measure including pa- able to some of my Democrat col- These payment reductions could have tient preference, technological ad- leagues. They believe trial lawyers strong repercussions on access to es- vances, and changing demographics. should have open access to any medical sential health services. A flawed pay- In particular, the inclusion of the error reporting system, which would ment update system potentially jeop- GDP in SGR calculations is problem- render such a system useless because ardizes access to medically necessary atic. Economic downturn may lead to few doctors or hospitals would partici- services for millions of seniors and dis- sharp reductions in GDP that are far pate. abled Americans who rely on Medicare more dramatic than changes in Medi- We can turn back this growing health for their health care. In addition, a care beneficiary need. This volatility care crisis by reforming medical mal- flawed payment system makes prac- can have devastating effects on the practice litigation. Some States have ticing medicine, particularly in under- program and threaten beneficiary ac- already taken the responsible step of served areas, all the more difficult, if cess to critical health care services. At capping awards for noneconomic dam- not impossible for providers partici- a time when beneficiary need is grow- ages, which are highly subjective, in- pating in the Medicare Program. ing due to an aging U.S. population, tangible and the major source of mis- Reductions in Medicare physician re- providing physicians and other health chief for trial lawyers. Rightfully, imbursement forced Ronald Johnson, care professionals with adequate reim- these States have also preserved M.D., an Illinois physician, to borrow bursement levels is an the more impor- awards for economic damages, such as money to keep his practice operating. tant. lost wages and medical costs. All told, the loan necessary to sustain Also, erroneous CMS enrollment and But most States have done nothing his practice for an additional year was spending data collected in previous or not enough to fix the problem. The equivalent to two-thirds the value of years has exacerbated and already dif- American Medical Association lists 12 his family farm. ficult financial situation. Although the States that are now in a health care I share the view of many health care necessary corrections were made, the crisis because of excessive malpractice analysts, including MedPAC, that the changes have a disproportionately neg- awards. And 30 more States are nearing methodology used to update physicians ative financial impact over the coming crisis, including Tennessee. This is a payments is flawed. Although this sys- year. national problem that will worsen tem was designed to accurately com- Efforts to control Medicare spending without a national solution. pensate providers for the care they pro- should not jeopardize the integrity of Just prior to the August recess, the vide while controlling overall program the health care system. Designing a Senate debated medical malpractice spending on physician and other pro- physician reimbursement system that litigation reform that would have viders services, it has become apparent is less volatile and reflects the actual capped trial lawyers’ fees. Though I that the current system struggles to cost of delivering high-quality patient support bolder action that includes meet each of these goals. The vola- care is absolutely necessary. Now is limiting awards for noneconomic dam- tility of physician payments is also a the time to take a closer look at the ages, this bill would have been a good persistent problem for those providers way Medicare payments affect those first step. It would have allowed in- attempting to gauge expected revenue serving some of our Nation’s most vul- jured patients to keep a greater share from one year to the next. nerable citizens. Further delay could of their rightful compensation while Until 1989, Medicare physician pay- make it financially untenable for doc- reducing the incentive for trial lawyers ments were based on a reasonable tors such as Ronald Johnson to prac- to pursue excessive awards. Unfortu- charge payment system. This system tice in areas like Pittsfield, IL. nately, all of my Democrat colleagues was thought to be responsible for esca- I ask that the article from FPReport voted against this patient-friendly bill, lating program costs, and the Medicare be printed in the RECORD. keeping the litigation lottery alive and physician fee schedule was adopted in [From FPReport, May 2002] well. response to these concerns. LOWER PAYMENTS FORCE FPS TO RISK PER- Injured patients have the right to sue The current method for updating SONAL LOSS FOR THEIR PATIENTS, PRAC- for medical malpractice, but trial law- Medicare physician payments is unique TICES yers do not have the right to force in- because the annual increase or de- (By Jody Gloor) nocent doctors from their livelihoods crease in physician payments does not For a growing number of family physi- and throw our health care system into simply reflect changes in the cost of cians, Medicare payment cuts ultimately medical goods and services. Unlike could break up the ‘‘families’’ dependent on crisis. With millions of uninsured fami- them—families composed of patients, em- lies, increasing health care costs, too other payment systems, an expenditure ployees and entire communities. many deaths from medical errors, and target for physician services, know, as While some FPs have stopped accepting no prescription drug benefit for sen- the sustainable growth rate, (SGR), is new Medicare patients, others are putting iors, the Senate must show its commit- calculated each year. Annual payment personal loss on the line to keep their ‘‘fami- ment to turning back the growing updates for physician services, that re- lies’’ intact. health care crisis in our country. Lim- flect the changes in the costs of med- One rural doctor in Illinois who borrowed money to meet his payroll is now borrowing iting excessive malpractice awards is ical goods and services, are then in- against his dream farm to repay those loans one solution that concerned public creased or reduced to meet targeted ex- and protect his practice from financial fail- servants, providers, and, most impor- penditures for the program. In other ure. tantly, patients can and should sup- words, physician payment updates only Medicare patients make up one-third of the port. reflect actual changes in the cost of Pittsfield practice of Ronald Johnson, M.D., Mr. DURBIN. Madam President, I medical goods and services when actual and the area’s only hospital claims nearly 80 rise today to discuss an issue that af- costs equal the target growth rate in percent of its patients use Medicare. With an fects a broad coalition of health care average age of 58 in the two counties John- physician payments. son serves, ‘‘we don’t have the choice of not providers and the Medicare bene- Setting target expenditures, or the taking Medicare patients. That’s our life ficiaries they serve. I have become in- SGR, for physician payments that do here,’’ he said in a recent telephone inter- creasingly concerned that the current not depart from the actual costs asso- view. ‘‘They are our neighbors; they are our method for updating Medicare pay- ciated with delivering patient care has friends. We have to take care of each other.’’

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.064 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8371 When he added the losses from Medicare could not ask for two more dedicated group achieved its goal. The buildings reimbursements and accounts receivables citizens. still provide a decent affordable home that have doubled in the past six months, Austin Warder was born in Marbury, to low-income people in that commu- Johnson realized he needed to borrow an MD in 1922, just a few miles away from nity today. amount that nearly equaled the value of his farm. his future bride, Lydia Eastburn, born Jim and Patty founded Enterprise to ‘‘I got lucky,’’ he said, ‘‘because the farm in 1924. The two met and soon married help more community groups rebuild has been taking care of itself financially. on August 12, 1942, in Austin’s home- their neighborhoods. Today, Enterprise Now, it’s going to take care of us and our pa- town, just before he shipped out for works through a network of more than tients.’’ World War II. Austin served his coun- 2,200 community-based organizations in Johnson is finalizing a loan for two-thirds try as a United States Navy Seabee in more than 820 locations to provide af- of his farm’s value. It’s an amount that real- the South Pacific from 1942 until the istically, he said, can sustain his practice for fordable housing, safer streets, and ac- another year—two at the most—depending war ended in 1945. During that time, cess to jobs and quality childcare. on factors including future Medicare reim- Lydia joined the war effort and began Through these unsung heroes at the bursement rates, the local economy and land working at the Naval Ordinance Sta- grassroots, Enterprise has invested values. tion in her hometown of Indian Head, nearly $4 billion to produce more than ‘‘I’d never thought I would spend this much MD. 132,000 homes affordable to low-income of my time being a businessman,’’ he said. After the war, the Warders settled people. On any given day, more than ‘‘It’s such a joy to sit down and see a patient. down in Indian Head. Austin continued I thought that was what I was training for.’’ 250,000 low-income people live in de- AAFP Director Arlene Brown, M.D., of his service with the U.S. Navy, joining cent, affordable housing made possible Ruidoso, NM., said she and her staff ‘‘saw the Lydia at the Naval Ordinance Station in part by Enterprise. writing on the wall’’ when Medicare physi- where she worked as a housing project In addition, Enterprise’s job training cian payments dropped and accounts receiv- manager. Austin began his career there and placement programs have helped ables increased. Something had to happen to as Director of the Public Works De- keep her ‘‘frontier medicine’’ practice open. more than 32,000 hard-to-employ people partment, Maintenance Division. Both qualify for work and retain employ- Brown serves 8,000 patients, some of whom received numerous letters of com- must drive 50 miles on a dirt road to reach a ment. More than 4,500 children have mendation and many outstanding per- paved road—then must drive another 100 benefited from Enterprise’s childcare miles to her office. At least 30 percent rely formance ratings over their long ca- initiatives. reers. They worked together over the on Medicare, she said, ‘‘and we can’t stop ac- President Clinton presented Jim with cepting these patients.’’ years. They finally decided to retire, So Brown took a pay cut and turned to her together, in January of 1977. Lydia was the Presidential Medal of Freedom in staff for help. The employees—a close-knit retiring after 35 years and Austin after 1995. When Jim passed away a year ‘‘family’’—didn’t want to see anyone lose his 32 years. later, Patty and the rest of Enter- or her job, she said. Instead of eliminating a The Warders have left an important prise’s leadership continued the work position and/or cutting patient services, all legacy with the Federal Government. he began. staff members agreed to cut their hours and That work goes on today. I have seen pay by 15 to 18 percent. Together, they have 70 years of service, ‘‘We must stay open,’’ Brown said. ‘‘We and I am sure the Navy joins me in firsthand what Enterprise has achieved now if my patients have to get their primary congratulating them. But their most in many communities in my State. To care 200 miles away from home, they won’t important legacy, and I know their fa- cite just one example, Enterprise has go get it. They depend on me, and on us.’’ vorite, is their family. Austin and been working since the early 1990s with How long can her practice hold out for a Lydia have been blessed with a large the residents of Sandtown-Winchester permanent financial solution? Not long, and loving family. They have one in Baltimore City on a comprehensive Brown said. She’s hoping efforts to get the effort to reverse decades of disinvest- federal government to rethink Medicare and daughter, Sandra Benson, two grand- correct the physician payment formula will children, five great grandchildren and ment and decay. succeed soon. one great-great grandchild. After more than a decade, Sandtown ‘‘If not, we’ll be cutting some services we I am honored to share this couple’s is showing signs of a turnaround. The don’t have to provide,’’ she said. ‘‘The first story of commitment and service with median income in the community in- to go will be flu shots.’’ Next to go will be the Senate today. Austin and Lydia creased by 50 percent during the 1990s, the free assistance older and low-income pa- according to the Census. Median home tients get when they need help to buy pre- Warder are fine Marylanders. Their scription drugs. shared values, hard work, and spirit sale prices rose 376 percent during that ‘‘It all makes for bad medicine,’’ Brown kept them together through the War, time, according to Johns Hopkins Uni- said, ‘‘but it could help keep our doors through many years with the Navy, versity’s Institute for Policy Studies. open.’’ through children and grandchildren In the parts of this 72-block commu- If her practice closes, the entire commu- and great grandchildren. Please join nity where Enterprise has been most nity—her community—could collapse, she me in wishing the Warders my most active, crime is down and elementary said. ‘‘A majority of Americans eat, live, school students are going better. sleep and die in small communities. If we sincere congratulations and best wish- shut down the very things that help small es for many more happy years!∑ More work remains, in Sandtown and communities survive, like medicine, then f in countless other low-income areas those communities will die.’’ RECOGNIZING THE ENTERPRISE around the country. True to Jim (At the request of Mr. DASCHLE, the FOUNDATION’S 20TH ANNIVER- Rouse’s vision, Enterprise will not rest following statement was ordered to be SARY until all low-income Americans have printed in the RECORD.) the opportunity for fit and affordable ∑ Mr. SARBANES. Madam President, I f housing and to move up and out of pov- rise today to recognize The Enterprise erty into the mainstream of American ADDITIONAL STATEMENTS Foundation as it celebrates its 20th life. year of building communities and im- I ask that we pay tribute to Mr. proving low-income people’s lives CONGRATULATING AUSTIN AND Rouse’s legacy and to the profound im- across America. pact that The Enterprise Foundation LYDIA WARDER Renowned developer James Rouse ∑ has had, and continues to have, on the Ms. MIKULSKI. Madam President, and his wife, Patty, launched Enter- lives of low-income Americans building today I bring your attention to Austin prise in 1982. Jim and Patty were in- better lives for themselves, their fami- and Lydia Warder. On August 12, 2002, spired to start Enterprise by three lies and their communities.∑ they celebrated their 60th wedding an- women from the Church of the Saviour niversary, and I ask you to join me, here in Washington. They asked Jim f their family and friends in congratu- for help in turning two run-down, rat- lating them. infested buildings blighting their THE 75TH ANNIVERSARY OF THE The Warders have devoted 60 years to Adams Morgan neighborhood into af- INVENTION OF THE TELEVISION each other, to their family, to their fordable apartments for low-income BY PHILO T. FARNSWORTH community of Indian Head, MD, and to residents of the area. the service of their country through With Jim and Patty’s help and thou- ∑ Mrs. FEINSTEIN. Madam President, the United States Navy. Our country sands of hours of volunteer time, the I rise today to honor the late Philo T.

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.023 S09PT1 S8372 CONGRESSIONAL RECORD — SENATE September 9, 2002 Farnsworth and the Farnsworth family led a team of attorneys and other pro- Arthur Blaustein’s book on American on the 75th anniversary of the inven- fessionals who have worked to support volunteerism proves that the spirit of tion of the electric television. the retirement, health and investment our forebears, that spirit that carried It was on September 7, 1927, while programs benefitting CalPERS mem- us through the tumultuous early days, working in his small, cramped labora- bers and employers. Ms. Gillan was in- a Civil War, a Depression, two World tory at 202 Green Street in San Fran- strumental in drafting corporate gov- Wars, and the upheaval at home and cisco, that Philo Farnsworth conducted ernance principles for the CalPERS overseas of the sixties, is alive and well the first successful experiments that Board of Administration, making today. From commitments to civil form the basis for today’s television. CalPERS the first fund in the Nation rights and civic bodies to military Upon completing the very first trans- to articulate roles for its Board, lead- service and community volunteering, mission of an electronic image, ers, committees and staff. our Nation is a nation committed to Farnsworth sent a telegram to his in- Ms. Gillan also facilitated the strengthening and improving the world vestors that simply said, ‘‘The Damn CalPERS Board’s self-evaluation proc- around us. Thing Works.’’ ess and helped the Board implement And every time Americans have Farnsworth first conceptualized path-breaking corporate governance sought to strengthen our freedom and these ideas one summer day while till- policies. She was the principal drafter values, we have found individuals will- ing a potato field on his family’s farm. of all CalPERS corporate governance ing to volunteer their time and lead by Riding atop the horse driven plow, the policy statements since 1992, and met their example, Thomas Jefferson, 14 year-old Farnsworth was struck by with more than 150 companies to ad- Abraham Lincoln, Clara Barton, Ra- the crisscrossed patterns in the field. dress poor financial performance and chel Carson, Martin Luther King, Jr., Like the furrows in the field front of corporate governance. and many more. And today, youngsters him, Farnsworth believed he could sep- Under Ms. Gillan’s leadership, the in middle school and high school have arate a picture into lines and reassem- CalPERS legal team successfully more opportunities than ever to volun- ble them elsewhere. fought and won litigation that resulted teer in their local communities, in In 1930, Farnsworth obtained the pat- in a return of over $2 billion to the nursing homes, tutoring their peers, or ents for his invention, which employs a fund, and the establishment of the helping protect our environment; and magnetically deflected electron beam principle that CalPERS members have are doing so in increasing numbers. inside a cathode ray tube to transmit a a vested right to a fiscally secure re- Arthur Blaustein, a long-time volun- picture. All forms of video in use in the tirement system. She drafted Board teer himself and an active force in world today, including computer dis- policies on securities litigation, includ- American volunteer efforts, has writ- plays, trace their origins to ing the CalPERS process for evaluating ten a book that appears at a crucial Farnsworth’s patents and this seminal litigation that served as a roadmap for moment in our Nation’s history, a mo- event 75 years ago. the CalPERS legal team to win the ment when communal and civic en- When Farnsworth died at the age of largest securities fraud class action re- gagement are more important then 64 in 1971, he held more than 300 U.S. covery in history. ever. His book honors the high ideals and foreign patents. In September 1983, Ms. Gillan has been the recipient of and values that are found in these or- he was one of four inventors honored numerous industry honors, such as ganizations that have proven so suc- by the U.S. Postal Service with a being named one of the National Law cessful in strengthening the ties of our stamp bearing his portrait. My home Journal’s top 50 women lawyers in the communities and our country. State of California has recognized his United States in 1998, and was included His message is an important one: if invention of the electronic television in that publication’s 1995 list of the top America is to remain strong and com- by placing a State historical marker ‘‘40 under age 40 attorneys’’ in the Na- mitted to our values, civic and commu- memorializing the event in front of his tion. nity engagement is a necessity. I ap- former lab in San Francisco. In addi- Ms. Gillan’s expertise, dedication, plaud his proposals and hope many tion, the mayor of San Francisco, and leadership should be commended. more, both young and old, will volun- Willie Brown, recently issued a procla- Her work has resulted in the advance- teer their time and energy to keep mation making September 7, 2002, ment of corporate governance prin- America strong. Philo Taylor Farnsworth Day in that ciples in corporations throughout the Part I, The Challenge of Community city. United States. Establishing higher Service: The traditions of community Before I conclude today, I also want standards and clear accountability for service and citizen participation have to recognize the important contribu- corporate governance is vital to the in- been at the heart of American civic tions of Elma ‘‘Pem’’ Farnsworth, now tegrity of the American economy, par- culture since before the nation was 94 years of age and the only living wit- ticularly in light of the burgeoning founded; whether through town hall ness to this historic 1927 event. Mrs. corporate scandals in our markets. meetings, the local school board, a po- Farnsworth, a talented scientist in her I wish Ms. Gillan all the best in her litical party, a hospital auxiliary, or own right, worked closely with her future endeavors.∑ one of our innumerable other national husband on many of his inventions. f and local organizations, Americans Often called ‘‘The Mother of the Tele- have felt and acted on the need to give THE CHALLENGE OF COMMUNITY vision,’’ Mrs. Farnsworth now spends something back to their communities. SERVICE her retirement days residing in Fort Yet since the events of September 11, Wayne, IN, working tirelessly to en- ∑ Mr. KERRY. Mr. President, we have this need has become more urgent, as sure that the legacy of Philo learned much in the last year about Americans on the whole have become Farnsworth’s inventions will live on.∑ how to measure the strength of Amer- more introspective and more patriotic. ica, a Nation built on the willingness of f This patriotism has taken many dif- our citizens to give of their time and ferent forms, but one thing is clear: our COMMENDING THE SERVICE OF their energy, knowing that in the end concern for our country, our commu- KAYLA J. GILLAN our freedom and strength as individ- nities, our families, and our neighbors ∑ Mrs. BOXER. Madam President, I uals is connected to the freedom and has become more acute, and our need take this opportunity to bring to the strength of our Nation, and when one to contribute more urgent. Senate’s attention the exemplary ca- falters the other suffers in turn. Moth- With firefighters, police officers, and reer and public service of Kayla J. ers and fathers have passed along to rescue teams leading the way, ordinary Gillan. every successive generation pride in citizens, ironworkers, teachers, public Ms. Gillan has served as General sacrifice and a commitment to our health clinicians, professionals, Counsel for the California Public Em- shared values that have become the businesspeople, and schoolchildren, ei- ployees’ Retirement System, CalPERS, touchstone of America’s strength, ther volunteered to go to Ground Zero since 1996, and also worked as Staff grounded in the simple words of or offered their support from a dis- Counsel from 1986 to 1990 and as Deputy DeTocqueville: ‘‘America is great be- tance. Everything from blankets to General Counsel from 1990 to 1996. She cause Americans are good.’’ blood, peanut butter to poetry arrived

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.071 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8373 in New York City by the bale, the gal- ety is that of citizen!’’ Accidents of na- who looked like a quintessential Cali- lon, the barrel, and the ream. Ameri- ture and abstract notions of improve- fornia valley girl, blond hair, blue eyes, cans didn’t wait until January 1, 2002, ment do not make our communities approached me with tears in her eyes. to make resolutions; in mid-Sep- better or healthier places in which to I asked if I had said anything that of- tember, many resolved to be more car- live and work. They get better because fended her. She replied that I had not ing and giving. people like you decide that they want and told me she was nonpolitical, con- Make a Difference is here to help har- to make a difference. servative, and in her last year of law ness this outpouring of compassion, en- Volunteering is not a conservative or school. She had been a political science ergy, and patriotism in creative and liberal, Democratic or Republican major at college but knew nothing useful ways. If you’ve decided to make issue; caring and compassion simply about the history of the War on Pov- a difference because of the events of help to define us as being human, Un- erty. She said she was ashamed be- September 11, or if volunteering is one fortunately, opportunistic radio talk- cause, despite having benefited from of those things you’ve been meaning to show hosts and reactionary politicians two of the programs I had spoken do all along but just haven’t gotten have spread two false myths about about, Head Start and Upward Bound, around to, or if you’re just curious community service. The first is the no- she had never before felt a responsi- about what’s out there, this book can tion that only inner-city minorities bility to give back to her community, help you take the next step. It was de- benefit from volunteer efforts. Here’s a and to assure that these programs signed to help you decide that you can story about that myth, told to me by a would be continued so that others make a contribution to the well-being friend who was in VISTA. He was help- could have the same opportunities she of your community. It will help to an- ing local groups organize fuel coopera- had. swer the why, the how, the what, and tives many years ago, in small towns Like this woman, the vast majority in Maine. That winter was unusually the when. Why is community service of volunteers I’ve worked with are not cold and the price of home heating had important? How can you get in touch idealistic, but are serious realists. skyrocketed, placing an enormous fi- with a group that promotes the values They are only too aware that as a na- nancial burden on most families in the and goals that you believe in? What tion we cannot squander our human state, which had a low per-capita in- specific volunteer activities match up and natural resources. come. He was invited to make a presen- with your skills and experiences? When Community service not only exposes tation to about two hundred residents is a good time to volunteer? the sterility of this kind of idealism- in their town’s church. After the talk, Each of the organizations included in versus-realism debate, but helps indi- one of the ‘‘happy guy’’ television re- the book has been selected because of viduals to integrate their own idealism porters from Portland baited a farmer, its commitment to educational, social, and realism. An idealist without a asking, ‘‘What do you think of this economic, environmental, and commu- healthy dose of realism tends to be- outside agitation?’’ come a naive romantic. A realist with- nity development goals. Some have The farmer, who was about seventy- out ideals tends to become a cynic. been in existence for many decades and five, paused for a moment; and, with an Community service helps you put your others are fairly new. Most are na- edge of flint in his voice, he said, ‘‘You ideals to work in a realistic setting. It tional organizations and some are local know, I’m a fourth-generation Repub- creates a dynamic tension that gives prototypes; but all have a solid track lican Yankee, just like my father, my you a coherent and comprehensive ap- record of delivering services that are grandfather, and my great-grandfather, proach to complex problems. I’ve seen useful and meaningful. Before you se- but if I’ve learned anything, it’s that it happen time and again with my stu- lect an organization, ask yourself a few there are two kinds of politics and eco- dents, and with VISTA and AmeriCorps questions. nomics in America. The first kind is volunteers. Dr. Margaret Mead, one of How much time do you want to what I see on television and what poli- serve? ticians tell me when they want my my teachers in graduate school at Co- What kind of service fits your person- vote. The other kind is what me and lumbia, wrote that a truly healthy per- ality? my friends talk about over doughnuts son is a thinking, feeling, acting per- What neighborhood and community and coffee. And that’s what this young son. That’s what serving helps us to do you want to work in? fellow was talking about tonight, and achieve. The talk-show hosts and politicians Which target population do you want he made a lot of sense to me. I’m join- who push these myths are scapegoating to work with? ing the co-op.’’ What skills do you have to offer? Over 65 percent of America’s poor and attacking the most vulnerable seg- What would you like to gain from the are, like this farmer, white, and white ments of our society. They are adept at experience? families with children are the fastest moralizing over the problems of the If, for example, you’re over 17 can growing homeless population. The homeless and the hungry, the unem- commit a full year, and would like myth that social programs only serve ployed and the underemployed, drug leadership training, some income, and inner-city minorities stigmatizes vol- users and the mentality ill, and over a stipend, you should seriously con- unteer social programs, which are, in such issues as infant mortality, child sider AmeriCorps. If you want to com- fact, color-blind. and spousal abuse, and disrupted fami- mit a year and you’re over 18 and want The second myth is that the vast ma- lies. But they have neither the heart to work on environmental, art, or jority of individuals who volunteer for nor the will for rigorous thought and music projects, or in community devel- community service are naive, idealistic the work of finding cures, nor even re- opment, you should think about Volun- do-gooders. Here’s a story about that lieving some of the suffering or symp- teers in Service to America (VISTA). If myth. It happened to me in a bookstore toms. Just as military service and pa- you only have a weekend or one day a in Northern California. Six years ago, I triotism should not be politicized, nei- week, you like working with your was a technical advisor to the pro- ther should community service. hands, and you want to be outdoors, ducers of a public television series Nearly 40 years ago, when President Habitat for Humanity will probably be called ‘‘The New War on Poverty.’’ John F. Kennedy launched the Peace perfect. If you only have a few hours a There was a companion book to the se- Corps, he made this oft-quoted sugges- week and enjoy children, consider men- ries, and since I had been one of the tion: ‘‘Ask not what your country can toring or tutoring with an educational contributing editors, the publisher do for you, but what you can do for group. It might take some reflection asked me to give readings. This par- your country.’’ After 30 years of first- and research, but there is a fulfilling ticular evening, I showed film clips hand experience with hundreds of vol- opportunity for everyone. from the series and spoke about the unteers, I would make a follow-up sug- Historically, our greatest strength as importance of several War on Poverty gestion: ‘‘Ask not what you can do for a nation has been to be there for one programs, including Head Start, the your community and the people you another. Citizen participation is the Job Corps, VISTA, Legal Services, and serve, but what they can do for you.’’ lifeblood of democracy. As Thomas Upward Bound. Community service is very much a Paine put it, ‘‘The highest calling of While I was signing books after the two-way street. It is about giving and every individual in a democratic soci- reading, a woman in her mid-twenties receiving, and the receiving can be

VerDate Sep 04 2002 05:58 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.050 S09PT1 S8374 CONGRESSIONAL RECORD — SENATE September 9, 2002 nourishing for the heart and mind. The These comments were typical of the abuse, and crime for kicks. Passivity, very act of serving taps into a experience of nearly all 80 students. isolation, and depression come with wellspring of empathy and generosity Their testimony is consistent with the television and on-line addiction. Igno- that is both personally gratifying and more formal academic research and rance, fear, and prejudice come from energizing. Again and again, former evaluations, which tell us that service- insularity and exclusivity. A national volunteers described their experiences learning clearly enriches and enhances and local effort to promote community with words like these: adventure, the individual volunteer in multiple service by young people is the best growth, human connection, exciting, ways. And the same things happened to antidote to these social ills. The goals spiritual, learning, and enjoyable. me during my own community service are inclusive and nourishing; they seek I saw this in action 3 years ago when 35 years ago, when I taught in Harlem to honor diversity, to protect the envi- I decided to give the students in each during the early years of the War on ronment, and to enrich our Nation’s of my classes, mostly university sen- Poverty and VISTA. educational, social, and economic poli- iors, the choice between a mid-semes- My students now, and I back then, cies so that they enhance human dig- ter exam or sixteen hours of commu- confronted the complexities of the ev- nity. On a personal level, volunteering, nity service. The students unanimously eryday worlds of individuals and com- the very act of caring and doing, makes chose service—though most of them munities quite different from our own. a substantial difference in our indi- didn’t know what was in store for We are forced to deal with difficult so- vidual lives because it nourishes the them. They had a choice of about ten cial and economic realities. It was an moral intelligence required for critical different activities organized by the eye-opener to learn about the inequi- judgment and mature behavior. Public Service Center at the University ties and injustices of our society, to see Dr. Seuss reminded us in The Lorax of California, Berkeley. firsthand the painful struggles of chil- that ‘‘unless someone like you cares a Here’s what one student wrote about dren who did not have the educational, whole awful lot nothing is going to get this experience: ‘‘Before I started vol- social, or economic opportunities that better. It’s not.’’ September 11, 2001, as unteering, I had very different expecta- we took for granted. This experience tragic and traumatic as it was, can tions about the [after-school] program. was humbling and it broke down my serve as a transformative event for the I thought it would be very sports-ori- insularity, for which I’m truly grate- American people. We responded to this ented with little academic emphasis. ful. Again, it was Dr. Margaret Mead crisis with introspection, generosity, Luckily, my expectations proved false. who called this ‘‘heart-learning.’’ and caring. Now is not the time to push The program for fourth and fifth-grad- Community service also taught me the snooze button and return to civic er at the Thousand Oaks/Franklin Ele- an important lesson about our society: fatuity and complacency. Just as we mentary School, has a set schedule for ethical values and healthy commu- marshaled our forces and mobilized our each grade. The students rotate be- nities are not inherited. They are ei- capacities to confront a foreign enemy, tween free play, sports, library study ther recreated through action by each we can take action and confront our time, circle time, and arts and crafts. generation, or they are not. That is domestic problems and conflicts on the what makes AmeriCorps, VISTA, and It was in the library that I saw how truly home front. In the real world, we know behind these children are in mathematics, other forms of community service that taking ordinary initiatives can reading, and grammar. In addition, I never unique and valuable. They help us to make a difference. It is within our expected to see the immense poverty that regenerate our best values and prin- power to move beyond a disaster and to these children experience or to be so emo- ciples as individuals and as a society. create new opportunities. What it tionally affected by it. Last week, I learned From Plato to the present, civic virtue comes down to is assuming personal re- that one of my favorite children is homeless. has been at the core of civilized behav- sponsibility. If we decide to become in- It seems so silly to be reprimanding him for ior. My experience as a teacher and not doing his homework and not putting out volved in voluntary efforts, we can re- with service-learning has taught me store idealism, realism, responsiveness, the effort at school. This seems so trivial that moral and ethical values cannot compared to the real-life horrors that he and vitality to our institutions and our must experience. Although I had my expecta- survive from one generation to the communities. tions, never did I anticipate the emotional next if the only preservatives are texts At her memorial service, it was said attachment that I now share with these chil- or research studies. Real-life experi- of Eleanor Roosevelt, the most influen- dren. I find myself yearning to become a ence is the crucible for shaping values. tial American woman of the twentieth teacher, which was a career I never thought Out of it develop an intuition and a liv- century, ‘‘she would rather light a can- about before this program. I know that as ing memory that are the seeds of a hu- dle then curse the darkness.’’ What was these children grow, they will probably for- mane and just society. true for her then is true for us now. get about me; but I know I will never forget The task of passing along to the The choice to make a difference is them. I have truly changed and matured as a young our best civic traditions is made result of them. ours.∑ more difficult by the steady shift of f A second student wrote: emphasis away from qualitative values Before I started tutoring I was really civility, cooperation, and the public in- HONORING NEW YORK CITY’S scared, because I didn’t know what tutors terest, to quantitative ones, competi- COURT OFFICERS did in junior high schools. I was afraid of not being able to explain things so that the kids tion, making it, and privatism, as well ∑ Mrs. CLINTON. Madam President, as could understand. I thought I might also lose as the demoralizing pursuit of mindless we approached the 1-year anniversary patience quickly with kids who were slower consumerism and trivia force-fed us by of 9/11, I rise today to again honor all in understanding and for whom I would have the mass media. Just about every par- of the public safety officers whose cou- to repeatedly state the same thing. I was ent and teacher I know has, in one way rageous and heroic acts saved thou- concerned that the kids would resent me or or another, expressed the concern that sands of lives at the World Trade Cen- not respect me because I wasn’t the teacher they cannot compete with the mar- ter. In particular, I want to highlight a and was closer to their age. And finally, I keting techniques of the mass media, group of public safety officers who de- thought they wouldn’t like me; the first day particularly television. They are wor- I even had trouble introducing myself be- serve to be honored for their heroism. cause of this initial uncertainty. ried about the potential consequences The New York City court officers Contrary to these preliminary fears, how- of the growing acquisitiveness, the in- risked their lives and contributed im- ever, tutoring at Willard has been a life- dulgence, and the self-centeredness of mensely to the rescue and recovery op- changing experience for me. I’ve found that I children. You hear this from conserv- erations at Ground Zero. have more patience working with kids than atives, liberals, and moderates. Small I especially would like to honor three I’ve ever had in any other area of my life. I wonder. The average eighteen-year-old court officers who gave the ultimate work hard to come up with lots of examples in the United States has seen more sacrifice—their lives. Their heroic when the kids I’m working with don’t under- than 380,000 television commercials. We deeds have earned them the nomina- stand. We relate well to one another because I’m close to their age, yet they respect me haven’t begun to comprehend the in- tion for the Public Safety Officer because I go to Cal and they know that I’m herent brutality of this media satura- Medal of Valor—a testament to true there to help them. It’s been the joy of my tion on our children’s psyches. American heroes. semester to work with these students, who I Materialism and assumptions of enti- I would like to say a little bit on really appreciate. tlement breed boredom, cynicism, drug each officer.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.052 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8375 Captain William ‘‘Harry’’ Thompson, job, but because it was their sense of living with the benefits of 24-hour su- of the Bronx, was widely respected and duty of pride. These officers represent pervision. beloved by all 1,600 court officers in the very best in America.∑ The theme of this year’s National As- New York City as senior instructor at f sisted Living Week is ‘‘Honoring the the New York State Court Officers Spirit of Our Nation,’’ which is in- IN MEMORIAM: WILLIAM A Academy. A 27-year veteran, he was tended to honor the Nation’s rekindled SCHWARTZ, VICE CHAIRMAN AND the father of two adult sons and was interest in our heritage and values. It VOLUNTEER CEO, NATIONAL the sole supporter for his widowed is an appropriate theme because it PROSTATE CANCER COALITION mother. All who knew Captain Thomp- celebrates the residents’ lifetime of son considered him a ‘‘spit and polish’’ ∑ Mr. CLELAND. Madam President, memories, devotions, and patriotism type of officer. Captain Thompson was William A. Schwartz died today from and the dedication and service of as- proud of his profession and New York is the disease that he fought so tirelessly sisted living caregivers. The theme for so very lucky that he devoted his life to defeat, prostate cancer. Bill was a National Assisted Living Week will to public service. 35-year veteran executive of the media highlight the variety of ways assisted Senior Court Officer Thomas Jurgens industry and a staunch leader in the living meets the different needs of sen- was part of a family who believed in fight against prostate cancer. His end- iors in our Nation. giving back to one’s city and country. less passion, devotion, drive, and car- I am proud that Oregon has led our Senior Court Officer Jurgens was the ing for his family, friends, and commu- Nation in the concept of assisted liv- son of a firefighter, and was a volun- nity, along with his unwavering com- ing. Assisted living has developed dif- teer fireman from Lawrence, Long Is- mitment to save lives from cancer, will ferently in each State and its impor- land. He made all of us proud by serv- always be remembered. tance in meeting the needs of seniors ing his country in the Persian Gulf war After being diagnosed with prostate continues. I believe offering these as an Army combat paramedic. Senior cancer in 1994, Bill dedicated himself to choices for seniors is important in Court Officer Jurgens was a 4-year vet- fighting the disease by promoting order to provide them with security, eran at the Manhattan Supreme Court, awareness and launching lobbying ef- dignity, and independence. It is also and he was married in June 2001. forts to increase research dollars. He important for us to continue to support Senior Court Officer Mitchel Wallace, served as vice chairman and volunteer options that allow seniors and their of Mineloa, Long Island, worked at the CEO of the National Prostate Cancer families a choice of settings in order to Manhattan Supreme Court for 2 years. coalition, board member of CaP CURE, assure that they get the level of care Before September 11, the New York and president of the Prostate Cancer they need and deserve.∑ State Court of Appeals Chief Judge Ju- Research Political Action Committee. f dith Kaye honored him for resusci- His work also included cancer projects REMEMBERING A GREAT GEOR- tating a man who had collapsed from for the Department of Defense and the GIAN AND A DEVOTED LEADER IN cardiac arrest aboard a Long Island National Dialogue on Cancer. The re- THE FIGHT AGAINST PROSTATE railroad train. Senior Court Officer sults of his work will continue to ben- CANCER Wallace planned to marry Noreen efit countless men and families for ∑ Mr. MILLER. Madam President, I McDonough in October, and he called many years to come. Georgia was very rise today to remember a great Geor- her ‘‘Cinderella.’’ fortunate to have Bill, his wife Marlene gian, a 35-year veteran executive of the In addition to these brave heroes who and their three children reside in At- media industry and a staunch leader in were lost, 22 other court officers risked lanta for the past 23 years. the fight against prostate cancer. Wil- their lives to save others at the World Thank you for letting me take this liam A. Schwartz died today at the age Trade Center. These men and women time to remember our friend, Bill of 63 from the disease that he fought so have been honored for their bravery on Schwartz and to offer our prayers for tirelessly to defeat. September 11. They are: Deputy Chief the loss of a great American. Prostate His endless passion, devotion, drive, Joseph Baccellieri, Jr., Officer Tyree cancer is the most commonly diag- and caring for his family, friends, and Bacon, Sgt. Frances Barry, Captain nosed cancer in America among men community, along with his unwavering John Civelia, Sgt. Gerard Davis, Officer and nearly 40,000 American men lose commitment to save lives from cancer, William Faulkner, Officer Gerard their lives to this disease each year. I will always be remembered. Grant, Officer Edwin Kennedy, Officer know the best tribute we can pay to After being diagnosed with prostate Elayne Kittel, Officer William Kuhrt, Bill and his family is to continue his cancer in 1994, Bill dedicated himself to Officer Theodore Leoutsakos, Officer work and find the cure for prostate fighting the disease by bringing na- Craig Lovich, Sgt. Patricia Maiorino, cancer.∑ tional attention to it and by lobbying Major Reginald V. Mebane, Sgt. Al f for crucial research dollars. Moscola, Sgt. Kathryn Negron, Officer Bill served as vice chairman and vol- NATIONAL ASSISTED LIVING Joseph Ranauro, Sgt. Albert unteer CEO of the National Prostate WEEK Romanelli, Sgt. Richard Rosenfeld, Of- Cancer Coalition and president of the ficer Andrew Scagnelli, Officer ∑ Mr. WYDEN. Madam President, I Prostate Cancer Research Political Ac- Mahindra Seobarrat, and Sgt. Andrew want to draw the Senate’s attention to tion Committee. His work also in- Wender. National Assisted Living Week, which cluded cancer projects for the Depart- Hundreds of court officers volun- begins September 8 and continues ment of Defense and the National Dia- teered to work on recovery efforts at through September 14. Since 1995, the logue on Cancer. His work will con- Ground Zero. After working full shifts National Center for Assisted Living has tinue to benefit countless men and at the courthouse, these officers would sponsored National Assisted Living families for many years to come. then work a full shift at Ground Zero. Week to emphasize the importance of Bill was the former president and They would return home, clean the this service that nearly 1 million sen- COO of Cox Enterprises and held var- dust and debris from their hands, and iors rely on for long-term care. ious executive positions with the com- return to their jobs at the courthouse. Assisted living offers hope to seniors pany in New York, San Francisco, and Through valor, duty, and commitment, who can no longer live independently Atlanta between 1973 and 1987. In the they did all that they could to assist in at home but do not need the level of 1990s, he served as president and part the rescue and recovery operations. care provided by nursing facilities. In owner of Cannell Communications and On behalf of the American people, I assisted living facilities, seniors find First Media Television and was chair- express my thanks and appreciation for dedicated caregivers to provide assist- man, CEO, and partner of Capital these public safety officers whose dedi- ance in the activities of daily living in Cable. cation and patriotism strengthen the a setting that truly becomes a home. It A native of Detroit, Bill received a resolve of our Nation. These officers is predicted that the demand for as- BS degree from Wayne State Univer- went above and beyond the call of sisted living will continue to grow as sity in 1961 and did graduate work at duty, sacrificing their lives in order to more and more seniors and their fami- Baruch College. After his military save others, not because it was their lies seek out home-like independent service in the Army Security Agency,

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.047 S09PT1 S8376 CONGRESSIONAL RECORD — SENATE September 9, 2002 he began his broadcasting career in Senate, on September 6, 2002, during EC–8632. A communication from the Assist- New York with NBC. He eventually the recess of the Senate, received a ant Secretary for Legislative Affairs, De- moved to Cleveland, OH, and helped message from the House of Representa- partment of State, transmitting, pursuant to put WUAB-TV on the air, and many law, the report of a rule entitled ‘‘Visas: tives announcing that the Speaker has Documentation of Nonimmigrants Under the years later purchased the station with signed the following enrolled bill: Immigration and Nationality Act: XIX several partners. H.R. 5012. An act to amend the John F. Olympic Winter Games and VIII Paralympic Always a music lover, Bill was a pro- Kennedy Center Act to authorized the Sec- Winter Games in Salt Lake City, UT, 2002’’ fessional drummer, playing in jazz retary of Transportation to carry out a (22 CFR Part 41) received on August 27, 2002; trios throughout college and his time project for construction of a plaza adjacent to the Committee on Foreign Relations. in the Army. He marched in President to the John F. Kennedy Center for the Per- EC–8633. A communication from the Acting John F. Kennedy’s inaugural parade in forming Arts. Assistant Secretary for Legislative Affairs, college, and toured the Mediterranean Under the authority of the Senate of Department of State, transmitting, pursuant with the USO. January 3, 2001, the enrolled bill was to law, a memorandum of justification under section 610 of the Foreign Assistance Act of An Atlanta resident for 23 years, Bill signed by the President pro tempore 1961 regarding determination to transfer FY was also a philanthropist who gener- (Mr. BYRD) on August 2, 2002. 2002 funds appropriated for International Or- ously donated his time as well as finan- f ganizations and Programs (IO&P) to the cial support. Child Survival and Health Programs Fund; I send my heartfelt sympathies to EXECUTIVE AND OTHER to the Committee on Foreign Relations. Bill’s wife of 39 years, Marlene, and to COMMUNICATIONS EC–8634. A communication from the Acting their children and grandchildren.∑ The following communications were Assistant Secretary for Legislative Affairs, laid before the Senate, together with Department of State, transmitting, pursuant f to law, a report concerning amendments to AMERICAN ASSOCIATION ON MEN- accompanying papers, reports, and doc- Parts 121 and 123 of the International Traffic TAL RETARDATION AWARD WIN- uments, which were referred as indi- in Arms Regulations (ITAR); to the Com- NERS cated: mittee on Foreign Relations. EC–8624. A communication from the Direc- EC–8635. A communication from the Assist- ∑ Mr. DURBIN. Madam President, I am tor, Office of Management and Budget, Exec- ant Legal Adviser for Treaty Affairs, Depart- pleased today to join the Illinois chap- utive Office of the President, transmitting, ment of State, transmitting, pursuant to ter of the American Association on pursuant to law, a report relative to the Sup- law, the report of the texts and background Mental Retardation, AAMR, in recog- plemental Appropriations Act for Further statements of international agreements, nizing the recipients of the 2002 Direct Recovery From and Response to Terrorist other than treaties; to the Committee on Service Professional Award. These in- Attacks on the United States; to the Com- Foreign Relations. mittee on the Budget. EC–8636. A communication from the Assist- dividuals are being honored for their ant Legal Adviser for Treaty Affairs, Depart- outstanding devotion to the effort to EC–8625. A communication from the Assist- ant Secretary for Indian Affairs, transmit- ment of State, transmitting, pursuant to enrich the lives of people with develop- ting, pursuant to law, the report of rule enti- law, the report of the texts and background mental disabilities in Illinois. tled ‘‘Trust Management Reform: Repeal of statements of international agreements, These recipients have displayed a Outdated Rules’’ (RIN1076–AE20) received on other than treaties; to the Committee on strong sense of humanity and profes- August 27, 2002; to the Committee on Indian Foreign Relations. EC–8637. A communication from the Chief sionalism in their work with persons Affairs. Justice of the Supreme Court, transmitting, with disabilities. Their efforts have in- EC–8626. A communication from the Archi- pursuant to law, the Report of the Pro- tect of the Capitol, transmitting, pursuant spired the lives of those for whom they ceedings of the Judicial Conference of the to law, a report on all expenditures during care, and they are an inspiration to me United States; to the Committee on the Ju- the period October 1, 2001 through March 31, as well. They have set a fine example of diciary. community service for all Americans 2002; to the Committee on Appropriations. EC–8638. A communication from the Senior EC–8627. A communication from the Under Counsel, Civil Division, Department of Jus- to follow. Secretary of Defense, Comptroller, transmit- These honorees spend more than 50 tice, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a viola- port of a rule entitled ‘‘Claims Under the Ra- percent of their time at work in direct, tion of the Antideficiency Act, case number personal involvement with their cli- diation Exposure Compensation Act Amend- 98–01; to the Committee on Appropriations. ments of 2000; Technical Amendments’’ ents. They are not primarily managers EC–8628. A communication from the Acting (RIN1105–AA75) received on August 27, 2002; or supervisors. They are direct service Director, Office of Regulatory Law, Vet- to the Committee on the Judiciary. workers at the forefront of America’s erans’ Benefits Administration, Department EC–8639. A communication from the Rules effort to care for people with special of Veterans’ Affairs, transmitting, pursuant Administrator, Office of General Counsel, needs. They go to work every day with to law, the report of a rule entitled ‘‘Sched- Federal Bureau of Prisons, Department of little recognition, providing much ule for Rating Disabilities; Intervertabral Justice, transmitting, pursuant to law, the Disc Syndrome’’ (RIN2900–AI22) received on needed and greatly valued care and as- report of a rule entitled ‘‘District of Colum- September 3, 2002; to the Committee on Vet- bia Educational Good Time Credit Interim sistance. erans’ Affairs. It is my honor and privilege to recog- Final Rule’’ (RIN1120–AB05) received on Au- EC–8629. A communication from the Acting gust 27, 2002; to the Committee on the Judi- nize the Illinois recipients of AAMR’s Director, Office of Regulatory Law, Vet- ciary. 2002 Direct Service Professional Award: erans’ Benefits Administration, Department EC–8640. A communication from the Direc- Amy Burnell, Kay Grant, Hattie Greg- of Veterans’ Affairs, transmitting, pursuant tor, Regulations and Forms Services Divi- ory, Judy Harper, Dora Hildebrand, to law, the report of a rule entitled ‘‘Acceler- sion, Immigration and Naturalization Serv- Mae Holmes, Sarah Kyakonye, Toni ated Benefits Option for Servicemenbers’ ice, Department of Justice, transmitting, Lloyd, Bob Maas, Kelli Martin, Janet Group Life Insurance and Veterans’ Group pursuant to law, the report of a rule entitled Life Insurance’’ (RIN2900–AJ80) received on ‘‘Reduced Course Load for Certain F and M Maxton, Millicent McAfoos, Flo September 3, 2002; to the Committee on Vet- McMaster, Lisa Mitchell, Anne Pettus, Nonimmigrants Students in Border Commu- erans’ Affairs. nities’’ (RIN1115–AG75) received on August Sharon Pritchett, LeVetta Rhodes, EC–8630. A communication from the Acting 27, 2002; to the Committee on the Judiciary. Ruth Rodenberg, Karin Schwab, and Director, Office of Regulatory Law, Vet- EC–8641. A communication from the Gen- Judy Sheffield. erans’ Benefits Administration, Department eral Counsel, Executive Office for Immigra- I know my fellow Senators will join of Veterans’ Affairs, transmitting, pursuant tion Review, Department of Justice, trans- me in congratulating the winners of to law, the report of a rule entitled ‘‘Na- mitting, pursuant to law, the report of a rule the 2002 Direct Service Professional tional Service Life Insurance’’ (RIN2900– entitled ‘‘Board of Immigration Appeals; Award. I applaud their dedication and AK43) received on September 3, 2002; to the Procedural Reforms to Improve Case Man- Committee on Veterans’ Affairs. thank them for their service.∑ agement’’ (RIN1125–AA36) received on Au- EC–8631. A communication from the Acting gust 27, 2002; to the Committee on the Judi- f Director, Office of Regulatory Law, Vet- ciary. MESSAGE FROM THE HOUSE erans’ Benefits Administration, Department EC–8642. A communication from the Clerk of Veterans’ Affairs, transmitting, pursuant of the Court of Federal Claims, transmitting, to law, the report of a rule entitled ‘‘VA Ac- pursuant to law, the report of the Court for ENROLLED BILL SIGNED quisition Regulation: Construction and Ar- the period October 1, 2000 through September chitect-Engineer Contracts’’ (RIN2900–AJ56) 30, 2001; to the Committee on the Judiciary. Under the authority of the Senate of received on September 3, 2002; to the Com- EC–8643. A communication from the Prin- January 3, 2001, the Secretary of the mittee on Veterans’ Affairs. cipal Deputy Associate Administrator of the

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.083 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8377 Environmental Protection Agency, transmit- ment Agency, transmitting, pursuant to law, EC–8665. A communication from the Vice ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Suspension of Chairman, Export-Import Bank of the United titled ‘‘Thiophanate-methyl; Pesticide Toler- Community Eligibility’’ (Doc. No. FEMA– States, transmitting, pursuant to law, a re- ance’’ (FRL7192–1) received on August 27, 7789) received on September 3, 2002; to the port relative to a transaction involving U.S. 2002; to the Committee on Agriculture, Nu- Committee on Banking, Housing, and Urban exports to Canada; to the Committee on trition, and Forestry. Affairs. Banking, Housing, and Urban Affairs. EC–8644. A communication from the Prin- EC–8655. A communication from the Assist- EC–8666. A communication from the Chair- cipal Deputy Associate Administrator of the ant General Counsel for Regulations, Office man, Medicare Payment Advisory Commis- Environmental Protection Agency, transmit- of Housing, Department of Housing and sion, Medpac, transmitting, pursuant to law, ting, pursuant to law, the report of a rule en- Urban Development, transmitting, pursuant a report on Medicare payment for advanced titled ‘‘Triflumizole; Pesticide Tolerance for to law, the report of a rule entitled ‘‘Single practice nurses and physician assistants; to Emergency Exemption’’ (FRL7194–4) received Family Mortgage Insurance; Sec. 203(k) Con- the Committee on Finance. on August 27, 2002; to the Committee on Ag- sultant Placement and Removal Procedures’’ EC–8667. A communication from the Chair- riculture, Nutrition, and Forestry. (RIN2502–AH51) received on September 3, man, Medicare Payment Advisory Commis- EC–8645. A communication from the Prin- 2002; to the Committee on Banking, Housing, sion, Medpac, transmitting, pursuant to law, cipal Deputy Associate Administrator of the and Urban Affairs. a report on Medicare’s coverage of nonphysi- Environmental Protection Agency, transmit- EC–8656. A communication from the Direc- cian practitioners; to the Committee on Fi- ting, pursuant to law, the report of a rule en- tor, Office of Legislative Affairs, Federal De- nance. titled ‘‘Azoxystrobin; Pesticide Tolerances posit Insurance Corporation, transmitting, EC–8668. A communication from the Chief for Emergency Exemptions’’ (FRL7195–9) re- pursuant to law, the report of a rule entitled of the Regulations Unit, Internal Revenue ceived on August 27, 2002; to the Committee ‘‘Agency Reorganization; Nomenclature Service, Department of the Treasury, trans- on Agriculture, Nutrition, and Forestry. Changes’’ received on August 27, 2002; to the mitting, pursuant to law, the report of a rule EC–8646. A communication from the Prin- Committee on Banking, Housing, and Urban entitled ‘‘Split-Dollar Life Insurance Ar- cipal Deputy Associate Administrator of the Affairs. rangement’’ (Notice 2002–59) received on Au- Environmental Protection Agency, transmit- EC–8657. A communication from the Direc- gust 27, 2002; to the Committee on Finance. ting, pursuant to law, the report of a rule en- tor, Office of Thrift Supervision, Department EC–8669. A communication from the Chief titled ‘‘Iprovalicarb; Pesticide Tolerance’’ of the Treasury, transmitting, pursuant to of the Regulations Unit, Internal Revenue (FRL7194–3) received on August 27, 2002; to law , the Office of Thrift Supervision’s 2001 Service, Department of the Treasury, trans- the Committee on Agriculture, Nutrition, Annual Report on the Preservation of Minor- mitting, pursuant to law, the report of a rule and Forestry. ity Savings Institutions; to the Committee entitled ‘‘July—September 2002 Bond Factor EC–8647. A communication from the Prin- on Banking, Housing, and Urban Affairs. Amounts’’ (Rev. Rul. 2002–51) received on Au- cipal Deputy Associate Administrator of the EC–8658. A communication from the Direc- gust 27, 2002; to the Committee on Finance. Environmental Protection Agency, transmit- tor, Office of Federal Housing Enterprise EC–8670. A communication from the Chief ting, pursuant to law, the report of a rule en- Oversight, transmitting, pursuant to law, of the Regulations Unit, Internal Revenue titled ‘‘Clomazone; Pesticide Tolerance’’ the report of a rule entitled ‘‘Safety and Service, Department of the Treasury, trans- (FRL7192–2) received on August 27, 2002; to Soundness’’ (RIN2550–AA22) received on Au- mitting, pursuant to law, the report of a rule the Committee on Agriculture, Nutrition, gust 27, 2002; to the Committee on Banking, entitled ‘‘Applicable Federal Rates—Sep- and Forestry. Housing, and Urban Affairs. tember 2002’’ (Rev. Rul. 2002–53) received on EC–8648. A communication from the Con- EC–8659. A communication from the Assist- August 27, 2002; to the Committee on Fi- gressional Review Coordinator, Animal and ant General Counsel for Regulations, Office nance. Plant Health Inspection Service, Department of Housing, Department of Housing and EC–8671. A communication from the Chief of Agriculture, transmitting, pursuant to Urban Development, transmitting, pursuant of the Regulations Unit, Internal Revenue law, the report of a rule entitled ‘‘Importa- to law, the report of a rule entitled ‘‘Uniform Service, Department of the Treasury, trans- tion of Artificially Dwarfed Plants’’ (Doc. Financial Reporting Standards for HUD mitting, pursuant to law, the report of a rule No. 00–042–2) received on August 27, 2002; to Housing Programs, Additional Entity Filing entitled ‘‘Limitations on Passive Activity the Committee on Agriculture, Nutrition, Requirements’’ (RIN2501–AC80) received on Losses and Credits—Treatment of Self- and Forestry. September 3, 2002; to the Committee on Charged Items of Income and Expense’’ EC–8649. A communication from the Under Banking, Housing, and Urban Affairs. Secretary, Food, Nutrition, and Consumer EC–8660. A communication from the Assist- (RIN1545–AN64) received on August 27, 2002; Services, Department of Agriculture, trans- ant General Counsel for Regulations, Office to the Committee on Finance. mitting, pursuant to law, the report of a rule of Housing, Department of Housing and EC–8672. A communication from the Chief entitled ‘‘Child and Adult Care Food Pro- Urban Development, transmitting, pursuant of the Regulations Unit, Internal Revenue gram: Implementation Legislative Reforms to law, the report of a rule entitled ‘‘Manu- Service, Department of the Treasury, trans- to Strengthen Program Integrity’’ (RIN0584– factured Housing Program Fee’’ (RIN2502– mitting, pursuant to law, the report of a rule AC94) received on August 27, 2002; to the AH62) received on September 3, 2002; to the entitled ‘‘Revenue Procedure 2002–55’’ (RP– Committee on Agriculture, Nutrition, and Committee on Banking, Housing, and Urban 106334–02) received on August 27, 2002; to the Forestry. Affairs. Committee on Finance. EC–8650. A communication from the Sec- EC–8661. A communication from the Dep- EC–8673. A communication from the Chief retary of Agriculture, transmitting, pursu- uty Secretary, Division of Corporation Fi- of the Regulations Unit, Internal Revenue ant to law, the annual assessment of the cat- nance, Securities and Exchange Commission, Service, Department of the Treasury, trans- tle and hog industries; to the Committee on transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Agriculture, Nutrition, and Forestry. a rule entitled ‘‘Ownership Reports and entitled ‘‘Revenue Ruling 2002–57—Bureau of EC–8651. A communication from the Chair- Trading by Officers, Directors and Principal Labor Statistics Price Indexes for Depart- man, Securities and Exchange Commission, Security Holders’’ (RIN3235–AI62) received on ment Stores—July 2002’’ (Rev. Rul. 2002–57) transmitting, pursuant to law, the Annual September 3, 2002; to the Committee on received on August 27, 2002; to the Com- Report of the Securities Investor Protection Banking, Housing, and Urban Affairs. mittee on Finance. Corporation (‘‘SIPC’’) for 2001; to the Com- EC–8662. A communication from the Assist- EC–8674. A communication from the Chief mittee on Banking, Housing, and Urban Af- ant General Counsel for Regulations, Office of the Regulations Unit, Internal Revenue fairs. of Housing, Department of Housing and Service, Department of the Treasury, trans- EC–8652. A communication from the Gen- Urban Development, transmitting, pursuant mitting, pursuant to law, the report of a rule eral Counsel, Federal Emergency Manage- to law, the report of a rule entitled ‘‘Manu- entitled ‘‘Rev. Proc. 2002–48 (Revision of Rev. ment Agency, transmitting, pursuant to law, factured Home Construction and Safety Proc. 88–10)’’ received on August 27, 2002; to the report of a rule entitled ‘‘National Flood Standards: Smoke Alarms; Amendments’’ the Committee on Finance. Insurance Program; Assistance to Private (RIN2502–AH48) received on August 27, 2002; EC–8675. A communication from the Chief Sector Property Insurers’’ (RIN3067–AD30) to the Committee on Banking, Housing, and of the Regulations Unit, Internal Revenue received on September 3, 2002; to the Com- Urban Affairs. Service, Department of the Treasury, trans- mittee on Banking, Housing, and Urban Af- EC–8663. A communication from the Vice mitting, pursuant to law, the report of a rule fairs. Chairman, Export-Import Bank of the United entitled ‘‘Notice 2002–54, 2002 Marginal Pro- EC–8653. A communication from the Gen- States, transmitting, pursuant to law, a re- duction Rates’’ received on August 27, 2002; eral Counsel, Federal Emergency Manage- port relative to a transaction involving U.S. to the Committee on Finance. ment Agency, transmitting, pursuant to law, exports to Mexico; to the Committee on EC–8676. A communication from the Chief, the report of a rule entitled ‘‘Changes in Banking, Housing, and Urban Affairs. Regulations Branch, Customs Service, De- Flood Elevation Determination’’ (44 CFR EC–8664. A communication from the Vice partment of the Treasury, transmitting, pur- Part 65) received on September 3, 2002; to the Chairman, Export-Import Bank of the United suant to law, the report of a rule entitled Committee on Banking, Housing, and Urban States, transmitting, pursuant to law, a re- ‘‘Licenses for Certain Worsted Wool Fabrics Affairs. port relative to a transaction involving U.S. Subject to Tariff-Rate Quota’’ (RIN1515– EC–8654. A communication from the Gen- exports to Nigeria; to the Committee on AC83) received on September 3, 2002; to the eral Counsel, Federal Emergency Manage- Banking, Housing, and Urban Affairs. Committee on Finance.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.033 S09PT1 S8378 CONGRESSIONAL RECORD — SENATE September 9, 2002 EC–8677. A communication from the Chief, mal Drugs; Delay of Effective Date’’ EC–8699. A communication from the Direc- Regulations Branch, Customs Service, De- (RIN0910–AA02) received on August 27, 2002; tor, Office of Personnel and Management, partment of the Treasury, transmitting, pur- to the Committee on Health, Education, transmitting, pursuant to law, the report of suant to law, the report of a rule entitled Labor, and Pensions. a rule entitled ‘‘Prevailing Rate Systems; ‘‘Re-use of Air Waybill Number on Air Cargo EC–8689. A communication from the Gen- Definition of San Joaquin County, Cali- Manifest’’ (RIN1515–AD01) received on Sep- eral Counsel, Corporation for National and fornia, as a Nonoppropriated Fund Wage tember 3, 2002; to the Committee on Finance. Community Service, transmitting, pursuant Area’’ (RIN3206–AJ35) received on August 27, EC–8678. A communication from the Sec- to law, the report of a rule entitled 2002; to the Committee on Governmental Af- retary of Health and Human Services, trans- ‘‘AmeriCorps Grant Regulations’’ (RIN3045– fairs. mitting, pursuant to law, a report on the AA32) received on August 27, 2002; to the EC–8700. A communication from the Direc- Medicare inpatient psychiatric prospective Committee on Health, Education, Labor, and tor, Office of Personnel Management, Execu- payment system (PPS); to the Committee on Pensions. tive Office of the President, transmitting Finance. EC–8690. A communication from the Ad- pursuant to law, the report of a rule entitled EC–8679. A communication from the Dep- ministrator, Office of Workforce Develop- ‘‘Presidential Rank Awards’’ received on uty Secretary of Defense, transmitting, the ment, Office of Workforce Security, Depart- September 3, 2002; to the Committee on Gov- report of seven retirements; to the Com- ment of Labor, transmitting, pursuant to ernmental Affairs. mittee on Armed Services. law, the report of a rule entitled ‘‘Unemploy- EC–8701. A communication from the Direc- EC–8680. A communication from the Assist- ment Insurance Program Letter (UIPL) 30– tor, Program Services Division, Office of Agency Programs, Office of Government Eth- ant Secretary of Defense, Force Management 02—Operating Instructions for the Tem- ics, transmitting, pursuant to law, the report Policy, transmitting, pursuant to law, a re- porary Extended Unemployment (TEUC) Act of a rule entitled ‘‘Technical Amendments to port relative to pay Critical Skills Retention of 2002’’ received on August 27, 2002; to the Regulations Governing Filing Extensions Bonuses (CSRB) to selected military per- Committee on Health, Education, Labor, and and Late Filing Fee Waivers’’ (RIN3209– sonnel and of each military skill to be des- Pensions. AA00) received on August 27, 2002; to the ignated; to the Committee on Armed Serv- EC–8691. A communication from the Acting Committee on Governmental Affairs. ices. Assistant General Counsel for Regulatory EC–8702. A communication from the Comp- EC–8681. A communication from the Assist- Services, Office of Elementary and Sec- troller General of the United States, Govern- ant Secretary of Defense, International Se- ondary Education, Department of Education, ment Accounting Office, transmitting, pur- curity Policy, transmitting, pursuant to law, transmitting, pursuant to law, the report of suant to law, the report of the list of General a report relative to appropriations requested a rule entitled ‘‘Title I—Improving the Aca- Accounting Office reports for June 2002; to for each project category under each Cooper- demic Achievement of the Disadvantaged’’ the Committee on Governmental Affairs. ative Threat Reduction (CTR) program ele- (RIN1810–AA92) received on August 27, 2002; EC–8703. A communication from the Comp- ment; to the Committee on Armed Services. to the Committee on Health, Education, troller General of the United States, trans- EC–8682. A communication from the Assist- Labor, and Pensions. mitting, pursuant to law, the report of the ant Secretary of Defense, Force Management EC–8692. A communication from the Direc- list of General Accounting Office Reports for Policy, transmitting, pursuant to law, a re- tor, Regulations Policy and Management May 2002; to the Committee on Govern- port on the use of alternatives to the Fee- Staff, Food and Drug Administration, De- mental Affairs. Basis Physicians in providing pre-enlistment partment of Health and Human Services, EC–8704. A communication from the Ad- medical evaluations for military applicants; transmitting, pursuant to law, the report of ministrator of the Agency for International to the Committee on Armed Services. a rule entitled ‘‘Listing of Color Additives Development, transmitting, pursuant to law, EC–8683. A communication from the Assist- Exempt From Certification; Sodium Copper the Annual Performance Plan for 2003; to the ant Secretary of Defense, International Se- Chlorophyllin; Confirmation of Effective Committee on Governmental Affairs. curity Policy, transmitting, pursuant to law, Date’’ (Doc. No. 00C–0929) received on August EC–8705. A communication from the Dis- a report on Activities and Assistance under 27, 2002; to the Committee on Health, Edu- trict of Columbia Auditor, transmitting, pur- the Cooperative Threat Reduction (CTR) pro- cation, Labor, and Pensions. suant to law, a report entitled ‘‘Audit of Ad- gram; to the Committee on Armed Services. EC–8693. A communication from the Acting visory Neighborhood Commission 7D for Fis- EC–8684. A communication from the Assist- Assistant General Counsel for Regulatory cal Years 2000, 2001, and 2002 Through March ant Secretary of Defense, Health Affairs, Services, Office of Elementary and Sec- 31, 2002’’; to the Committee on Governmental transmitting, pursuant to law, the Report on ondary Education, Department of Education, Affairs. the Evaluation of the TRICARE Program for transmitting, pursuant to law, the report of EC–8706. A communication from the Dis- Fiscal Year 1999; to the Committee on Armed a rule entitled ‘‘Indian Education Discre- trict of Columbia Auditor, transmitting, pur- Services. tionary Grant Program’’ (RIN1810–AA93) re- suant to law, a report entitled ‘‘D.C. Public Schools Medicaid Revenue Recovery Oper- EC–8685. A communication from the Assist- ceived on August 27, 2002; to the Committee ations Require Substantial Improvement’’; ant Secretary of Labor, Employment and on Health, Education, Labor, and Pensions. Training Administration, Department of EC–8694. A communication from the Acting to the Committee on Governmental Affairs. EC–8707. A communication from the Direc- Labor, transmitting, pursuant to law, the re- Assistant General Counsel for Regulatory port of a rule entitled ‘‘Disaster Unemploy- tor, Office of Personnel Management, Execu- Services, Office of Elementary and Sec- tive Office of the President, transmitting, ment Assistance Program, Interim Final ondary Education, Department of Education, pursuant to law, the report of a rule entitled Rule; Request for Comments’’ (RIN1205– transmitting, pursuant to law, the report of ‘‘Prevailing Rate Systems; Change in the AB31) received on September 3, 2002; to the a rule entitled ‘‘Impact Aid Program’’ Survey Cycle for the Portland, OR, Appro- Committee on Health, Education, Labor, and (RIN1810–AA94) received on August 27, 2002; priated Fund Wage Area’’ (RIN3206–AJ60) re- Pensions. to the Committee on Health, Education, ceived on August 27, 2002; to the Committee EC–8686. A communication from the Direc- Labor, and Pensions. on Governmental Affairs. tor, Regulations Policy and Management EC–8695. A communication from the Direc- EC–8708. A communication from the Sec- Staff, Food and Drug Administration, De- tor of Communications and Legislative Af- retary, Department of Housing and Urban partment of Health and Human Services, fairs, transmitting, pursuant to law, the An- Development, transmitting, pursuant to law, transmitting, pursuant to law, the report of nual Report on the Federal Work Force for the Annual Report on Performance and Ac- a rule entitled ‘‘Use of Ozone-Depleting Sub- Fiscal Year 2000; to the Committee on countability for Fiscal Year 2001; to the stances; Essential-Use Determinations’’ Health, Education, Labor, and Pensions. Committee on Governmental Affairs. (RIN0910–AA99) received on September 3, EC–8696. A communication from the Sec- EC–8709. A communication from the Gen- 2002; to the Committee on Health, Education, retary, Department of Agriculture, transmit- eral Counsel, Federal Retirement Thrift In- Labor, and Pensions. ting, pursuant to law, the semiannual report vestment Board, transmitting, pursuant to EC–8687. A communication from the Ad- of the Office of the Inspector General for the law, the report of a rule entitled ‘‘Employee ministrator, Office of Workforce Security, period October 1, 2001 through March 31, 2002; Elections to Contribute to the Thrift Sav- Employment and Training Administration, to the Committee on Governmental Affairs. ings Plan, Participants’ Choices of Invest- Office of Workforce Security, Department of EC–8697. A communication from the Acting ment Funds, Vesting, Uniformed Services Labor, transmitting, pursuant to law, the re- Chairman, Consumer Product Safety Com- Accounts, Correction of Administrative Er- port of a rule entitled ‘‘Unemployment In- mission, transmitting, pursuant to law, the rors, Lost Earnings Attributable to Employ- surance Program Letter No. 39–97, Change 2’’ semiannual report of the Office of the In- ing Agency Errors, Participant Statements, received on August 15, 2002; to the Com- spector General for the period October 1, 2001 Calculation of Share Prices, Methods of mittee on Health, Education, Labor, and through March 31, 2002; to the Committee on Withdrawing Funds from the Thrift Savings Pensions. Governmental Affairs. Plan, Death Benefits, Domestic Relations EC–8688. A communication from the Direc- EC–8698. A communication from the Vice Orders Affecting Thrift Savings Plan Ac- tor, Regulations Policy and Management Chairman, Federal Election Commission, counts, Loans, Miscellaneous’’ received on Staff, Food and Drug Administration, De- transmitting, pursuant to law, the Annual September 3, 2002; to the Committee on Gov- partment of Health and Human Services, Report regarding the implementation of the ernmental Affairs. transmitting, pursuant to law, the report of Government in the Sunshine Act for cal- EC–8710. A communication from the Chair- a rule entitled ‘‘Records and Reports Con- endar year 2001; to the Committee on Gov- man of the Council of the District of Colum- cerning Experience with Approved New Ani- ernmental Affairs. bia, transmitting, pursuant to law, a report

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.035 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8379 on D.C. Act 14–441, ‘‘Domestic Relations Transportation, transmitting, pursuant to EC–8732. A communication from the Senior Laws Clarification Act of 2002’’; to the Com- law, the report of a rule entitled ‘‘Traffic Legal Advisor, Media Bureau, Federal Com- mittee on Governmental Affairs. Separation Scheme: In Prince William munications Commission, transmitting, pur- EC–8711. A communication from the Chair- Sound, Alaska’’ ((RIN2115-AG20)(2002-0001)) suant to law, the report of a rule entitled man of the Council of the District of Colum- received on August 27, 2002; to the Com- ‘‘Amendment of Section 73.202(b), Table of bia, transmitting, pursuant to law, a report mittee on Commerce, Science, and Transpor- FM Allotments, FM Broadcast Stations; on D.C. Act 14–446, ‘‘Honoraria Amendment tation. Weinert, Texas’’ (MM Doc. No. 01-205) re- Temporary Act of 2002’’; to the Committee EC–8723. A communication from the Senior ceived on August 27, 2002; to the Committee on Governmental Affairs. Legal Advisor, Media Bureau, Federal Com- on Commerce, Science, and Transportation. EC–8712. A communication from the Chair- munications Commission, transmitting, pur- EC–8733. A communication from the Senior man of the Council of the District of Colum- suant to law, the report of a rule entitled Legal Advisor, Media Bureau, Federal Com- bia, transmitting, pursuant to law, a report ‘‘Amendment of Section 73.202(b), Table of munications Commission, transmitting, pur- on D.C. Act 14–458, ‘‘Child Restraint Amend- Allotments, FM Broadcast Stations; Big suant to law, the report of a rule entitled ment Act of 2002’’; to the Committee on Gov- Wells, Texas’’ (MM Doc. No. 01-247) received ‘‘Amendment of Section 73.202(b), Table of ernmental Affairs. on August 27, 2002; to the Committee on FM Allotments, FM Broadcast Stations; EC–8713. A communication from the Chair- Commerce, Science, and Transportation. Grandim, Missouri’’ (MM Doc. No. 01-259) re- man of the Council of the District of Colum- EC–8724. A communication from the Senior ceived on August 27, 2002; to the Committee bia, transmitting, pursuant to law, a report Legal Advisor, Media Bureau, Federal Com- on Commerce, Science, and Transportation. on D.C. Act 14–459, ‘‘Technical Amendment munications Commission, transmitting, pur- EC–8734. A communication from the Senior Act of 2002’’; to the Committee on Govern- suant to law, the report of a rule entitled Legal Advisor, Media Bureau, Federal Com- mental Affairs. ‘‘Amendment of Section 73.202(b), Table of munications Commission, transmitting, pur- EC–8714. A communication from the Chair- Allotments, FM Broadcast Stations; Baird, suant to law, the report of a rule entitled man of the Council of the District of Colum- Texas’’ (MM Doc. No. 01-197) received on Au- ‘‘Amendment of Section 73.622, Table of Al- bia, transmitting, pursuant to law, a report gust 27, 2002; to the Committee on Com- lotments, DTV Broadcast Stations, San on D.C. Act 14–444, ‘‘Back-to-School Sales merce, Science, and Transportation. Mateo, CA’’ (MM Doc. No. 02-84) received on Tax Holiday Temporary Act of 2002’’; to the EC–8725. A communication from the Senior August 27, 2002; to the Committee on Com- Committee on Governmental Affairs. Legal Advisor, Media Bureau, Federal Com- merce, Science, and Transportation. EC–8715. A communication from the Chair- munications Commission, transmitting, pur- EC–8735. A communication from the Senior man of the Council of the District of Colum- suant to law, the report of a rule entitled Legal Advisor, Media Bureau, Federal Com- bia, transmitting, pursuant to law, a report ‘‘Amendment of Section 73.622(b), Table of munications Commission, transmitting, pur- on D.C. Act 14–445, ‘‘Special Education Task Allotments, DTV Broadcast Stations; suant to law, the report of a rule entitled Force Temporary Act of 2002’’; to the Com- Georgetown, SC’’ (MB Doc. No. 02-65) re- ‘‘Amendment of Section 73.202(b), Table of mittee on Governmental Affairs. ceived on August 27, 2002; to the Committee FM Allotments, FM Broadcast Stations; EC–8716. A communication from the Chair- on Commerce, Science, and Transportation. Cheboygan and Onaway, Michigan’’ (MM EC–8726. A communication from the Senior man of the Council of the District of Colum- Doc. No. 00-69) received on August 27, 2002; to Legal Advisor, Media Bureau, Federal Com- bia, transmitting, pursuant to law, a report the Committee on Commerce, Science, and munications Commission, transmitting, pur- on D.C. Act 14–443, ‘‘Public Health Labora- Transportation. suant to law, the report of a rule entitled tory Fee Temporary Amendment Act of EC–8736. A communication from the Senior ‘‘Amendment of Section 73.622(b), Table of 2002’’; to the Committee on Governmental Legal Advisor, Media Bureau, Federal Com- Allotments, DTV Broadcast Stations; Ath- Affairs. munications Commission, transmitting, pur- ens, GA’’ (MB Doc. No. 02-94) received on Au- EC–8717. A communication from the Chair- suant to law, the report of a rule entitled gust 27, 2002; to the Committee on Com- man of the Council of the District of Colum- ‘‘Amendment of Section 73.202(b), Table of bia, transmitting, pursuant to law, a report merce, Science, and Transportation. EC–8727. A communication from the Senior FM Allotments, FM Broadcast Stations; on D.C. Act 14-440, ‘‘Improved Child Abuse Legal Advisor, Media Bureau, Federal Com- George West, Texas’’ (MM Doc. No. 01-147) re- Investigations Amendment Act of 2002’’; to munications Commission, transmitting, pur- ceived on August 27, 2002; to the Committee the Committee on Governmental Affairs. suant to law, the report of a rule entitled on Commerce, Science, and Transportation. EC–8718. A communication from the Acting ‘‘Amendment of Section 73.202(b), Table of EC–8737. A communication from the Senior Chief of Regulations and Administrative FM Allotments, FM Broadcast Stations; El- Legal Advisor, Media Bureau, Federal Com- Law, United States Coast Guard, Depart- dorado, Texas’’ (MM Doc. No. 01-294) received munications Commission, transmitting, pur- ment of Transportation, transmitting, pur- on August 27, 2002; to the Committee on suant to law, the report of a rule entitled suant to law, the report of a rule entitled Commerce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of ‘‘Safety/Security Zone Regulations; San EC–8728. A communication from the Senior FM Allotments, FM Broadcast Stations; Francisco Bay, CA’’ ((RIN2115-AA97)(2002- Legal Advisor, Media Bureau, Federal Com- Freer, Texas’’ (MM Doc. No. 01-243) received 0178)) received on August 27, 2002; to the munications Commission, transmitting, pur- on August 27, 2002; to the Committee on Committee on Commerce, Science, and suant to law, the report of a rule entitled Commerce, Science, and Transportation. Transportation. ‘‘Amendment of Section 73.202(b), Table of EC–8738. A communication from the Senior EC–8719. A communication from the Acting FM Allotments, FM Broadcast Stations; Legal Advisor, Media Bureau, Federal Com- Chief of Regulations and Administrative Pawhuska, Oklahoma’’ (MM Doc. No. 01-260) munications Commission, transmitting, pur- Law, United States Coast Guard, Depart- received on August 27, 2002; to the Com- suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- mittee on Commerce, Science, and Transpor- ‘‘Amendment of Section 73.202(b), Table of suant to law, the report of a rule entitled tation. FM Allotments, FM Broadcast Stations; ‘‘Regatta Regulations; (4 regulations)’’ EC–8729. A communication from the Senior Cuthbert and Buena Vista, Georgia’’ (MM ((RIN2115-AE46)(2002-0029)) received on Au- Legal Advisor, Media Bureau, Federal Com- Doc. No. 02-48) received on August 27, 2002; to gust 27, 2002; to the Committee on Com- munications Commission, transmitting, pur- the Committee on Commerce, Science, and merce, Science, and Transportation. suant to law, the report of a rule entitled Transportation. EC–8720. A communication from the Chief ‘‘Amendment of Section 73.202(b), Table of EC–8739. A communication from the Senior of Regulations and Administrative Law, FM Allotments; FM Broadcast Stations; Legal Advisor, Media Bureau, Federal Com- United States Coast Guard, Department of Ballinger, Texas’’ (MM Doc. No. 01-292) re- munications Commission, transmitting, pur- Transportation, transmitting, pursuant to ceived on August 27, 2002; to the Committee suant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Notifica- on Commerce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of tion of Arrival: Addition of Charterer to Re- EC–8730. A communication from the Senior FM Allotments, FM Broadcast Stations; quired Information’’ ((RIN2115-AG06)(2002- Legal Advisor, Media Bureau, Federal Com- Burney, California’’ (MM Doc. No. 01-311) re- 0001)) received on August 27, 2002; to the munications Commission, transmitting, pur- ceived on August 27, 2002; to the Committee Committee on Commerce, Science, and suant to law, the report of a rule entitled on Commerce, Science, and Transportation. Transportation. ‘‘Amendment of Section 73.202(b), Table of EC–8740. A communication from the Senior EC–8721. A communication from the Chief FM Allotments, FM Broadcast Stations; Legal Advisor, Media Bureau, Federal Com- of Regulations and Administrative Law, Bearden, Arkansas’’ (MM Doc. No. 01-258) re- munications Commission, transmitting, pur- United States Coast Guard, Department of ceived on August 27, 2002; to the Committee suant to law, the report of a rule entitled Transportation, transmitting, pursuant to on Commerce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of law, the report of a rule entitled ‘‘Safety/Se- EC–8731. A communication from the Senior FM Allotments, FM Broadcast Stations; Buf- curity Zone Regulations; Captain of the Port Legal Advisor, Media Bureau, Federal Com- falo Gap, Texas’’ (MM Doc. No. 01-221) re- of Chicago Zone, Lake Michigan’’ ((RIN2115- munications Commission, transmitting, pur- ceived on August 27, 2002; to the Committee AA97)(2002-0177)) received on August 27, 2002; suant to law, the report of a rule entitled on Commerce, Science, and Transportation. to the Committee on Commerce, Science, ‘‘Amendment of Section 73.202(b), Table of EC–8741. A communication from the Senior and Transportation. FM Allotments, FM Broadcast Stations; Legal Advisor, Media Bureau, Federal Com- EC–8722. A communication from the Chief Benavides, Texas’’ (MM Doc. No. 01-256) re- munications Commission, transmitting, pur- of Regulations and Administrative Law, ceived on August 27, 2002; to the Committee suant to law, the report of a rule entitled United States Coast Guard, Department of on Commerce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.037 S09PT1 S8380 CONGRESSIONAL RECORD — SENATE September 9, 2002 FM Allotments, FM Broadcast Stations; ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directive: Harrodsburg and Keene, Kentucky’’ (MM transmitting, pursuant to law, the report of Eurocopter France Model DC120B Heli- Doc. No. 02-24) received on August 27, 2002; to a rule entitled ‘‘Airworthiness Directives: copter’’ (RIN2120–AA64) received on August the Committee on Commerce, Science, and McDonnell Douglas Model MD–11 and –11F 27, 2002; to the Committee on Commerce, Transportation. Airplanes’’ (RIN2120–A64) received on August Science, and Transportation. EC–8742. A communication from the Senior 27, 2002; to the Committee on Commerce, EC–8761. A communication from the Pro- Legal Advisor, Media Bureau, Federal Com- Science, and Transportation. gram Analyst of the Federal Aviation Ad- munications Commission, transmitting, pur- EC–8752. A communication from the Pro- ministration, Department of Transportation, suant to law, the report of a rule entitled gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of ‘‘Amendment of Section 73.202(b), Table of ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directive: FM Allotments, FM Broadcast Stations; transmitting, pursuant to law, the report of McDonnell Douglas Model DC 9, 10, 30, 30F, Asherton, Texas’’ (MM Doc. No. 01–246) re- a rule entitled ‘‘Airworthiness Directive: and 40 Series Airplanes; and Model C 9 Air- ceived on August 27, 2002; to the Committee Boeing Model 767–300 Series Airplanes planes’’ (RIN2120–AA64) received on August on Commerce, Science, and Transportation. Equipped with Rolls Royce RB211–524H Se- 27, 2002; to the Committee on Commerce, EC–8743. A communication from the Senior ries Engines’’ (RIN2120–AA64) received on Science, and Transportation. Legal Advisor, Media Bureau, Federal Com- August 27, 2002; to the Committee on Com- EC–8762. A communication from the Pro- munications Commission, transmitting, pur- merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- suant to law, the report of a rule entitled EC–8753. A communication from the Pro- ministration, Department of Transportation, ‘‘Amendment of Section 73.202(b), Table of gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of FM Allotments, FM Broadcast Stations; La ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directive: Pryor, Texas’’ (MM Doc. No. 01–262) received transmitting, pursuant to law, the report of McDonnell Douglas Model DC–10–10, 10F, 15, on August 27, 2002; to the Committee on a rule entitled ‘‘Airworthiness Directives: 30, 30F (KC 10A and KDC–10), 40 and 40F Air- Commerce, Science, and Transportation. Boeing Model 737–600, –700, –800, and –900 Se- planes; Model MD–10–10F and 30F Airplanes; EC–8744. A communication from the Senior ries Airplanes’’ (RIN2120–AA64) received on and Model MD–11 and 11F Airplanes’’ Legal Advisor, Media Bureau, Federal Com- August 27, 2002; to the Committee on Com- (RIN2120–AA64) received on August 27, 2002; munications Commission, transmitting, pur- merce, Science, and Transportation. to the Committee on Commerce, Science, suant to law, the report of a rule entitled EC–8754. A communication from the Pro- and Transportation. ‘‘Amendment of Section 73.202(b), Table of gram Analyst of the Federal Aviation Ad- EC–8763. A communication from the Pro- FM Allotments, FM Broadcast Stations; ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- Firth, Nebraska’’ (MM Doc. No. 01–234) re- transmitting, pursuant to law, the report of ministration, Department of Transportation, ceived on August 27, 2002; to the Committee a rule entitled ‘‘Airworthiness Directive: transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. Hamilton Sundstrand Corporation Model a rule entitled ‘‘Airworthiness Directive: EC–8745. A communication from the Senior 568F–1 Propellers’’ (RIN2120–AA64) received Airbus Model A300, Br–600, and F4–600R and Legal Advisor, Media Bureau, Federal Com- on August 27, 2002; to the Committee on A310 Series Airplanes’’ (RIN2120–AA64) re- munications Commission, transmitting, pur- Commerce, Science, and Transportation. ceived on August 27, 2002; to the Committee suant to law, the report of a rule entitled EC–8755. A communication from the Pro- on Commerce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of EC–8764. A communication from the Pro- gram Analyst of the Federal Aviation Ad- FM Allotments, FM Broadcast Stations; gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Childress, Texas’’ (MM Doc. No. 01–196) re- ministration, Department of Transportation, transmitting, pursuant to law, the report of ceived on August 27, 2002; to the Committee transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: on Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directive: Turbomeca S.A. Arriel Models 1A, 1A1, 1B, EC–8746. A communication from the Pro- Boeing 727 Series Airplanes’’ (RIN2120–AA64) 1D, and 1D1 Turboshaft Engines’’ (RIN2120– gram Analyst of the Federal Aviation Ad- received on August 27, 2002; to the Com- AA64) received on August 27, 2002; to the ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and transmitting, pursuant to law, the report of tation. a rule entitled ‘‘Airworthiness Directive: Transportation. EC–8765. A communication from the Pro- Rockwell Collins, Inc. ADC–85, 85A, 850D, and EC–8756. A communication from the Pro- gram Analyst of the Federal Aviation Ad- 850F Air Data Computers’’ (RIN2120–AA64) gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, received on August 27, 2002; to the Com- ministration, Department of Transportation, transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class D tation. a rule entitled ‘‘Airworthiness Directives: Airspace; Marquette, MI; Modification of EC–8747. A communication from the Pro- EMPRESA Model EMB–135 and –145 Series Class E Airspace Marquette, MI’’ (RIN2120– gram Analyst of the Federal Aviation Ad- Airplanes’’ (RIN2120–AA64) received on Au- AA66) received on August 27, 2002; to the ministration, Department of Transportation, gust 27, 2002; to the Committee on Com- Committee on Commerce, Science, and transmitting, pursuant to law, the report of merce, Science, and Transportation. Transportation. a rule entitled ‘‘Airworthiness Directives: EC–8757. A communication from the Pro- EC–8766. A communication from the Pro- McDonnell Douglas Model MD–11 and 11F gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- Airplanes’’ (RIN2120–AA64) received on Au- ministration, Department of Transportation, ministration, Department of Transportation, gust 27, 2002; to the Committee on Com- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Modification of Class E Air- EC–8748. A communication from the Pro- Glaser-Dirks Glugzeugbau GmbH Models DG– space; Jackson, OH’’ (RIN2120–AA66) received gram Analyst of the Federal Aviation Ad- 400 and DG–800A Sailplanes’’ (RIN2120–AA64) on August 27, 2002; to the Committee on ministration, Department of Transportation, received on August 27, 2002; to the Com- Commerce, Science, and Transportation. transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- EC–8767. A communication from the Pro- a rule entitled ‘‘Airworthiness Directive: tation. gram Analyst of the Federal Aviation Ad- Pilatus Aircraft Lrd. Models PC–12 and PC– EC–8758. A communication from the Pro- ministration, Department of Transportation, 12/45 Airplanes’’ (RIN2120–AA64) received on gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of August 27, 2002; to the Committee on Com- ministration, Department of Transportation, a rule entitled ‘‘Modification of Class E Air- merce, Science, and Transportation. transmitting, pursuant to law, the report of space; Tecumseh, MI’’ (RIN2120–AA66) re- EC–8749. A communication from the Pro- a rule entitled ‘‘Airworthiness Directive: ceived on August 27, 2002; to the Committee gram Analyst of the Federal Aviation Ad- Empresa Brasileira de Aeornautica SA Model on Commerce, Science, and Transportation. ministration, Department of Transportation, EMB 135 and 145 Series Airplanes’’ (RIN2120– EC–8768. A communication from the Pro- transmitting, pursuant to law, the report of AA64) received on August 27, 2002; to the gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directive: Committee on Commerce, Science, and ministration, Department of Transportation, Boeing Model 737–600, 700, and 800 Series Air- Transportation. transmitting, pursuant to law, the report of planes’’ (RIN2120–AA64) received on August EC–8759. A communication from the Pro- a rule entitled ‘‘IFR Altitude; Miscellaneous 27, 2002; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- Amendments; Amdt. No. 436’’ (RIN2120–AA63) Science, and Transportation. ministration, Department of Transportation, received on August 27, 2002; to the Com- EC–8750. A communication from the Pro- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directive: tation. ministration, Department of Transportation, Hamilton Sundstrand Power Systems T–62T EC–8769. A communication from the Pro- transmitting, pursuant to law, the report of Series Auxiliary Power Units’’ (RIN2120– gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: AA64) received on August 27, 2002; to the ministration, Department of Transportation, McDonnell Douglas Model 717–200 Airplanes’’ Committee on Commerce, Science, and transmitting, pursuant to law, the report of (RIN2120–AA64) received on August 27, 2002; Transportation. a rule entitled ‘‘IFR Altitude; Miscellaneous to the Committee on Commerce, Science, EC–8760. A communication from the Pro- Amendment-Correction; Amdt. No. 436’’ and Transportation. gram Analyst of the Federal Aviation Ad- (RIN2120–AA63) received on August 27, 2002; EC–8751. A communication from the Pro- ministration, Department of Transportation, to the Committee on Commerce, Science, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of and Transportation.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.039 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8381 EC–8770. A communication from the Pro- Commerce, transmitting, pursuant to law, terim Measures to Reduce Overfishing, as gram Analyst of the Federal Aviation Ad- the report of a rule entitled ‘‘Final Rule to Specified in the Settlement Agreement’’ ministration, Department of Transportation, Implement Amendment 11 to the Fishery (RIN0648–AP78) received on September 3, transmitting, pursuant to law, the report of Management Plan for the Shrimp Fishery of 2002; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directive: the Gulf of Mexico’’ (RIN0648–AO51) received Science, and Transportation. McDonnell Douglas Model MD–11 and 11F on August 27, 2002; to the Committee on EC–8788. A communication from the Acting Airplanes Equipped with General Electric Commerce, Science, and Transportation. Director for the Office of Sustainable Fish- Tail Engine Buildup United (EBU)’’ EC–8780. A communication from the Assist- eries, National Marine Fisheries Service, De- (RIN2120–AA64) received on August 27, 2002; ant Administrator for Fisheries, National partment of Commerce, transmitting, pursu- to the Committee on Commerce, Science, Marine Fisheries Service, Department of ant to law, the report of a rule entitled and Transportation. Commerce, transmitting, pursuant to law, ‘‘Fisheries of the Exclusive Economic Zone EC–8771. A communication from the Pro- the report of a rule entitled ‘‘2002 Rec- Off Alaska—Closes Rock Sole/Flathead Sole/ gram Analyst of the Federal Aviation Ad- reational Specifications for Summer Floun- ‘‘Other Flatfish’’ Fishery Category by Ves- ministration, Department of Transportation, der, Scup and Black Sea Bass, Final Rule’’ sels Using Trawl Gear in the Bering Sea and transmitting, pursuant to law, the report of (RIN0648–AN70) received on September 3, Aleutian Islands Area’’ received on August a rule entitled ‘‘Airworthiness Directive: 2002; to the Committee on Commerce, 27, 2002; to the Committee on Commerce, McDonnell Douglas Model MD–11 and 11F Science, and Transportation. Science, and Transportation. Airplanes’’ (RIN2120–AA64) received on Au- EC–8781. A communication from the Direc- EC–8789. A communication from the Acting gust 27, 2002; to the Committee on Com- tor, Office of Sustainable Fisheries, National Director for the Office of Sustainable Fish- merce, Science, and Transportation. Marine Fisheries Service, Department of eries, National Marine Fisheries Service, De- EC–8772. A communication from the Pro- Commerce, transmitting, pursuant to law, partment of Commerce, transmitting, pursu- gram Analyst of the Federal Aviation Ad- the report of a rule entitled ‘‘Closure Notice ant to law, the report of a rule entitled ministration, Department of Transportation, for Black Sea Bass Fishery; Commercial ‘‘Fisheries of the Exclusive Economic Zone transmitting, pursuant to law, the report of Quota Harvested for Quarter 3’’ (RIN0648– Off Alaska—Closes Deep-Water Species Fish- a rule entitled ‘‘Airworthiness Directive: AP06) received on September 3, 2002; to the ery Using Trawl Gear in the Gulf of Alaska’’ McDonnell Douglas MD–11 and 11F Air- Committee on Commerce, Science, and received on August 27, 2002; to the Com- planes’’ (RIN2120–AA64) received on August Transportation. mittee on Commerce, Science, and Transpor- 27, 2002; to the Committee on Commerce, EC–8782. A communication from the Direc- tation. Science, and Transportation. tor, Office of Sustainable Fisheries, National EC–8790. A communication from the Chief EC–8773. A communication from the Pro- Marine Fisheries Service, Department of for the Domestic Fisheries Division, Na- gram Analyst of the Federal Aviation Ad- Commerce, transmitting, pursuant to law, tional Marine Fisheries Service, Department ministration, Department of Transportation, the report of a rule entitled ‘‘Fisheries Off of Commerce, transmitting, pursuant to law, transmitting, pursuant to law, the report of West Coast States and in the Western Pa- the report of a rule entitled ‘‘Fisheries of the a rule entitled ‘‘Airworthiness Directive: cific; Pacific Coast Groundfish Fishery; Re- Exclusive Economic Zone Off Alaska—Closes McDonnell Douglas Model MD–11 and 11F moval of the Sablefish Size Limit South of 36 Shortaker and Rougheye Rockfish Fishery in Airplanes Equipped with United Tech- Degrees N. Latitude for Limited Entry Fixed the Western Regulatory Area , Gulf of Alas- nologies Pratt and Whitney Engines’’ Gear and Open Access Fishery’’ (I.D. 072902E) ka’’ received on August 27, 2002; to the Com- (RIN2120–AA64) received on August 27, 2002; received on September 3, 2002; to the Com- mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- tation. and Transportation. tation. EC–8791. A communication from the Chief EC–8774. A communication from the Pro- EC–8783. A communication from the Direc- for the Domestic Fisheries Division, Na- gram Analyst of the Federal Aviation Ad- tor, Office of Sustainable Fisheries, National tional Marine Fisheries Service, Department ministration, Department of Transportation, Marine Fisheries Service, Department of of Commerce, transmitting, pursuant to law, transmitting, pursuant to law, the report of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Fisheries Off a rule entitled ‘‘Airworthiness Directives: the report of a rule entitled ‘‘Atlantic Highly West Coast States and in the Western Pa- McDonnell Douglas Model MD–11 and 11F Migratory Species Fisheries; Atlantic cific; West Coast Salmon Fisheries; Inseason Airplanes’’ (RIN2120–AA64) received on Au- Bluefin Tuna; Adjustment of General Cat- Action 7—Adjustment of the Commercial gust 27, 2002; to the Committee on Com- egory Daily Retention Limit’’ (I.D. 071202D) Fishery from the U.S.-Canada Border to Cape merce, Science, and Transportation. received on September 3, 2002; to the Com- Falcon, OR’’ received on August 27, 2002; to EC–8775. A communication from the Pro- mittee on Commerce, Science, and Transpor- the Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- tation. Transportation. ministration, Department of Transportation, EC–8784. A communication from the Direc- EC–8792. A communication from the Chief transmitting, pursuant to law, the report of tor, Office of Sustainable Fisheries, National for the Domestic Fisheries Division, Na- a rule entitled ‘‘Airworthiness Directive: Marine Fisheries Service, Department of tional Marine Fisheries Service, Department McDonnell Douglas Model MD–11 and 11F Commerce, transmitting, pursuant to law, of Commerce, transmitting, pursuant to law, Airplanes’’ (RIN2120–AA64) received on Au- the report of a rule entitled ‘‘Reopening of the report of a rule entitled ‘‘Fisheries Off gust 27, 2002; to the Committee on Com- the 2002 Spring Commercial Red Snapper West Coast States and in the Western Pa- merce, Science, and Transportation. Fishery in the Gulf of Mexico Exclusive Eco- cific; West Coast Salmon Fisheries; Inseason EC–8776. A communication from the Pro- nomic Zone’’ received on September 3, 2002; Action 6—Closure of the Commercial Fishery gram Analyst of the Federal Aviation Ad- to the Committee on Commerce, Science, from Horse Mountain to Point Arena (Fort ministration, Department of Transportation, and Transportation. Bragg)’’ (I.D. 080202D) received on August 27, transmitting, pursuant to law, the report of EC–8785. A communication from the Direc- 2002; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directive: tor, Office of Sustainable Fisheries, National Science, and Transportation. Eurocopter France Model AS332L and Marine Fisheries Service, Department of EC–8793. A communication from the Chief AS332L1 Helicopters’’ (RIN2120–AA64) re- Commerce, transmitting, pursuant to law, for the Domestic Fisheries Division, Na- ceived on August 27, 2002; to the Committee the report of a rule entitled ‘‘Fisheries of the tional Marine Fisheries Service, Department on Commerce, Science, and Transportation. Exclusive Economic Zone Off Alaska—Closes of Commerce, transmitting, pursuant to law, EC–8777. A communication from the Pro- Pacific Ocean Perch Fishery in the Western the report of a rule entitled ‘‘Fisheries Off gram Analyst of the Federal Aviation Ad- Regulatory Area, Gulf of Alaska’’ received West Coast States and in the Western Pa- ministration, Department of Transportation, on September 3, 2002; to the Committee on cific; West Coast Salmon Fisheries; Inseason transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Action 5—Adjustment of the Recreational a rule entitled ‘‘Airworthiness Directive: EC–8786. A communication from the Direc- Fishery from the U.S.-Canada Border to Cape Pratt and Whitney JT8D–200 Series Turbofan tor, Office of Sustainable Fisheries, National Falcon, OR’’ received on August 27, 2002; to Engines’’ (RIN2120–AA64) received on August Marine Fisheries Service, Department of the Committee on Commerce, Science, and 27, 2002; to the Committee on Commerce, Commerce, transmitting, pursuant to law, Transportation. Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the EC–8794. A communication from the Chief EC–8778. A communication from the Pro- United States; Summer Flounder, Scup, and for the Domestic Fisheries Division, Na- gram Analyst of the Federal Aviation Ad- Black Sea Bass Fisheries; Adjustment to the tional Marine Fisheries Service, Department ministration, Department of Transportation, 2002 Scup Winter II Quota’’ (RIN0648–AP06) of Commerce, transmitting, pursuant to law, transmitting, pursuant to law, the report of received on September 3, 2002; to the Com- the report of a rule entitled ‘‘Fisheries of the a rule entitled ‘‘Airworthiness Directive: mittee on Commerce, Science, and Transpor- Exclusive Economic Zone Off Alaska—Closes McDonnell Douglas Model MD–11 and 11F tation. Pacific Ocean Perch Fishery in the Central Airplanes’’ (RIN2120–AA64) received on Au- EC–8787. A communication from the Dep- Regulatory Area, Gulf of Alaska’’ received gust 27, 2002; to the Committee on Com- uty Assistant Administrator for Regulatory on August 27, 2002; to the Committee on merce, Science, and Transportation. Programs, National Marine Fisheries Serv- Commerce, Science, and Transportation. EC–8779. A communication from the Assist- ice, Department of Commerce, transmitting, EC–8795. A communication from the Chief ant Administrator for Fisheries, National pursuant to law, the report of a rule entitled for the Domestic Fisheries Division, Na- Marine Fisheries Service, Department of ‘‘Final Rule to Implement Additional In- tional Marine Fisheries Service, Department

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.042 S09PT1 S8382 CONGRESSIONAL RECORD — SENATE September 9, 2002 of Commerce, transmitting, pursuant to law, Bureau, Federal Communications Commis- mental Service Department’’ (FRL7266–3) re- the report of a rule entitled ‘‘Fisheries of the sion, transmitting, pursuant to law, the re- ceived on August 27, 2002; to the Committee Exclusive Economic Zone Off Alaska—Closes port of a rule entitled ‘‘Telecommunications on Environment and Public Works. Shallow-Water Species Fishery by Vessels Carriers’ Use of Customer Proprietary Net- EC–8814. A communication from the Prin- Using Trawl Gear in the Gulf of Alaska’’ re- work Information and Other Customer Infor- cipal Deputy Associate Administrator of the ceived on August 27, 2002; to the Committee mation’’ (FCC No. 02–214) received on August Environmental Protection Agency, transmit- on Commerce, Science, and Transportation. 27, 2002; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- EC–8796. A communication from the Chief Science, and Transportation. titled ‘‘Revisions to the California State Im- for the Domestic Fisheries Division, Na- EC–8805. A communication from the Assist- plementation Plan, Santa Barbara County tional Marine Fisheries Service, Department ant Administrator for Procurement, Na- Air Pollution Control District’’ (FRL7266–5) of Commerce, transmitting, pursuant to law, tional Aeronautics and Space Administra- received on August 27, 2002; to the Com- the report of a rule entitled ‘‘Fisheries of the tion, transmitting, pursuant to law, the re- mittee on Environment and Public Works. Exclusive Economic Zone Off Alaska—Closes port of a rule entitled ‘‘Security Require- EC–8815. A communication from the Prin- Pacific Ocean Perch Fishery in the Central ments for Unclassified Information Tech- cipal Deputy Associate Administrator of the Regulatory Area, Gulf of Alaska’’ received nology Resources’’ (48 CFR Parts 1804 and Environmental Protection Agency, transmit- on August 27, 2002; to the Committee on 1852) received on August 27, 2002; to the Com- ting a report entitled ‘‘Hazardous Waste Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Generated in Laboratories’’ received on Au- EC–8797. A communication from the Divi- tation. gust 27, 2002; to the Committee on Environ- sion Chief, Marine Mammal Conservation Di- EC–8806. A communication from the Acting ment and Public Works. vision, Office of Protected Resources, Na- Division Chief, Marine Mammal Division, Of- EC–8816. A communication from the Prin- tional Marine Fisheries Service, Department fice of Protected Resources, Department of cipal Deputy Associate Administrator of the of Commerce, transmitting, pursuant to law, Commerce, transmitting, pursuant to law, Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Taking and Im- the report of a rule entitled ‘‘Taking of Ma- ting, pursuant to law, the report of a rule en- porting of Marine Mammals: Taking Marine rine Mammals Incidental to Commercial titled ‘‘Approval and Promulgation of Imple- Mammals Incidental to Navy Operations of Fishing Operations; Tuna Purse Seine Ves- mentation Plans and Designation of Areas Surveillance Towed Array Sensor Low Fre- sels in the Eastern Tropical Pacific Ocean for Air Quality Planning Purposes; State of quency Active Sonar’’ (RIN0648–AM62) re- (ETP)’’ (RIN0648–AI85) received on August 27, New Jersey’’ (FRL7264–6) received on August ceived on August 27, 2002; to the Committee 2002; to the Committee on Commerce, 27, 2002; to the Committee on Environment on Commerce, Science, and Transportation. Science, and Transportation. and Public Works. EC–8817. A communication from the Prin- EC–8798. A communication from the Divi- EC–8807. A communication from the Ad- cipal Deputy Associate Administrator of the sion Chief, Marine Mammal Conservation Di- ministrator, Federal Aviation Administra- Environmental Protection Agency, transmit- vision, Office of Protected Resources, Na- tion, Department of Transportation, trans- ting, pursuant to law, the report of a rule en- tional Marine Fisheries Service, Department mitting, pursuant to law, a Report regarding titled ‘‘Determination of Attainment of the of Commerce, transmitting, pursuant to law, Injuries and Fatalities of Workers Struck by 1-Hour Ozone Standards for the Santa Bar- the report of a rule entitled ‘‘Taking and Im- Vehicles on Airport Aprons’’ dated July 2002; porting of Marine Mammals: Taking Marine bara County Area, California’’ (FRL7263–8) to the Committee on Commerce, Science, Mammals Incidental to Oil and Gas Struc- received on August 27, 2002; to the Com- and Transportation. mittee on Environment and Public Works. ture Removal Activities in the Gulf of Mex- EC–8808. A communication from the Prin- EC–8818. A communication from the Prin- ico’’ (RIN0648–AP83) received on August 27, cipal Deputy Associate Administrator of the 2002; to the Committee on Commerce, cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Science, and Transportation. ting, pursuant to law, the report of a rule en- EC–8799. A communication from the Assist- ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- ant Administrator, Office of Oceanic and At- titled ‘‘Hazardous Waste Management Sys- mentation Plans; State of Missouri’’ mospheric Research, Department of Com- tem; Identification and Listing of Hazardous (FRL7266–9) received on August 27, 2002; to merce, transmitting, pursuant to law, the re- Waste; Final Exclusion’’ (FRL7264–1) re- port of a rule entitled ‘‘National Marine the Committee on Environment and Public ceived on August 27, 2002; to the Committee Fisheries Service—Sea Grant Joint Graduate Works. on Environment and Public Works. EC–8809. A communication from the Prin- Fellowship Program in Population Dynamics EC–8819. A communication from the Prin- cipal Deputy Associate Administrator of the and Marine Resource Economics: Request for cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- Applications for FY 2003’’ received on Sep- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- tember 3, 2002; to the Committee on Com- ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Imple- merce, Science, and Transportation. titled ‘‘Revisions to the California State Im- EC–8800. A communication from the Assist- mentation Plans; State of Missouri’’ plementation Plan, Monterey Bay Unified ant Administrator for Procurement, Na- (FRL7267–3) received on August 27, 2002; to Air Pollution Control District’’ (FRL7258–3) tional Aeronautics and Space Administra- the Committee on Environment and Public received on August 27, 2002; to the Com- tion, transmitting, pursuant to law, the re- Works. mittee on Environment and Public Works. port of a rule entitled ‘‘Conformance with EC–8810. A communication from the Prin- EC–8820. A communication from the Prin- FA–07 and Miscellaneous Administrative and cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the Technical Changes’’ (RIN2700–AC33) received Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- on August 27, 2002; to the Committee on ting, pursuant to law, the report of a rule en- ting, a report entitled ‘‘FY03 Wetland Pro- Commerce, Science, and Transportation. titled ‘‘Approval and Promulgation of Imple- gram Development Grants Guidelines’’; to EC–8801. A communication from the Assist- mentation Plans; State of Missouri’’ the Committee on Environment and Public ant Administrator for Procurement, Na- (FRL7267–6) received on August 27, 2002; to Works. tional Aeronautics and Space Administra- the Committee on Environment and Public EC–8821. A communication from the Prin- tion, transmitting, pursuant to law, the re- Works. cipal Deputy Associate Administrator of the port of a rule entitled ‘‘Small Business Com- EC–8811. A communication from the Prin- Environmental Protection Agency, transmit- petitiveness Demonstration Program’’ cipal Deputy Associate Administrator of the ting, a report entitled ‘‘Supplemental Guide- (RIN2700–AC33) received on August 27, 2002; Environmental Protection Agency, transmit- lines for the Award of Section 319 Nonpoint to the Committee on Commerce, Science, ting, pursuant to law, the report of a rule en- Source Grants to States and Territories in and Transportation. titled ‘‘Determination of Attainment of the FY 2003’’; to the Committee on Environment EC–8802. A communication from the Direc- 1-Hour Ozone Standard for San Diego Coun- and Public Works. tor, National Marine Fisheries Service, Na- ty, California’’ (FRL7263–9) received on Au- EC–8822. A communication from the Prin- tional Oceanic and Atmospheric Administra- gust 27, 2002; to the Committee on Environ- cipal Deputy Associate Administrator of the tion, Department of Commerce, transmit- ment and Public Works. Environmental Protection Agency, transmit- ting, pursuant to law, a report on Apportion- EC–8812. A communication from the Prin- ting, a report entitled ‘‘Watershed Initiative: ment of Membership on the Regional Fishery cipal Deputy Associate Administrator of the Call for Nominations’’; to the Committee on Management Councils; to the Committee on Environmental Protection Agency, transmit- Environment and Public Works. Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- EC–8823. A communication from the Acting EC–8803. A communication from the Acting titled ‘‘Revision to the Arizona State Imple- Assistant Secretary for Fish and Wildlife and Division Chief, Marine Mammal Division, Of- mentation Plan, Maricopa County Environ- Parks, Fish and Wildlife Service, Depart- fice of Protected Resources, Department of mental Services Department’’ (FRL7261–7) ment of the Interior, transmitting, pursuant Commerce, transmitting, pursuant to law, received on August 27, 2002; to the Com- to law, the report of a rule entitled ‘‘Migra- the report of a rule entitled ‘‘Dolphin-Safe mittee on Environment and Public Works. tory Bird Hunting: Final Framework for Tuna Labeling; Official Mark’’ (RIN0648– EC–8813. A communication from the Prin- Early Season Migratory Bird Hunting Regu- AN37) received on August 27, 2002; to the cipal Deputy Associate Administrator of the lations’’ (RIN1018–AI30) received on August Committee on Commerce, Science, and Environmental Protection Agency, transmit- 15, 2002; to the Committee on Environment Transportation. ting, pursuant to law, the report of a rule en- and Public Works. EC–8804. A communication from the Asso- titled ‘‘Revisions to the Arizona State Imple- EC–8824. A communication from the Assist- ciate Division Chief, Wireline Competition mentation Plan, Maricopa County Environ- ant Secretary for Fish and Wildlife and

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.044 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8383 Parks, Fish and Wildlife Service, Depart- REPORTS OF COMMITTEES H.R. 1814: To amend the National Trails ment of the Interior, transmitting, pursuant The following reports of committees System Act to designate the Metacomet-Mo- to law, the report of a rule entitled ‘‘Migra- nadnock-Mattabesett Trail extending tory Bird Hunting: Early Seasons and Bag were submitted: through western Massachusetts and central and Possession Limits for Certain Migratory By Mr. BINGAMAN, from the Committee Connecticut for study for potential addition Game Birds in the Contiguous United States, on Energy and Natural Resources, with an to the National Trails System. (Rept. No. Alaska, Hawaii, Puerto Rico, and the Virgin amendment in the nature of a substitute: 107–263). Islands’’ (RIN1018–AI30) received on Sep- S. 1028: A bill to direct the Secretary of the H.R. 1925: A bill to direct the Secretary of tember 3, 2002; to the Committee on Environ- Interior to convey certain parcels of land ac- the Interior to study the suitability and fea- ment and Public Works. quired for the Blunt Reservoir and Pierre sibility of designating the Waco Mammoth EC–8825. A communication from the Assist- Canal Features of the initial stage of the Site Area in Waco, Texas, as a unit of the ant Secretary for Fish and Wildlife and Oahe Unit, James Division, South Dakota, to National Park System, and for other pur- Parks, Fish and Wildlife Service, Depart- the Commission of Schools and Public Lands poses. (Rept. No. 107–264). ment of the Interior, transmitting, pursuant and the Department of Game, Fish, and By Mr. BAUCUS, from the Committee on to law, the report of a rule entitled ‘‘Migra- Parks of the State of South Dakota for the Finance, with an amendment in the nature tory Bird Hunting: Migratory Bird Hunting purpose of mitigating lost wildlife habitat, of a substitute: Regulations on Certain Federal Indian Res- on the condition that the current pref- S. 321: A bill to amend title XIX of the So- ervations and Ceded Lands for the 2002–03 erential leaseholders shall have an option to cial Security Act to provide families of dis- Early Season’’ (RIN1018–AI30) received on purchase the parcels from the Commission, abled children with the opportunity to pur- September 3, 2002; to the Committee on Envi- and for other purposes. (Rept. No. 107–253). chase coverage under the medicaid program ronment and Public Works. S. 1638: A bill to authorize the Secretary of for such children, and for other purposes. EC–8826. A communication from the Direc- the Interior to study the suitability and fea- (Rept. No. 107–265). tor, Endangered Species Program, Fish and sibility of designating the French Colonial Wildlife Services, transmitting, pursuant to Heritage Area in the State of Missouri as a f law, the report of a rule entitled ‘‘Final Rule unit of the National Park System, and for EXECUTIVE REPORTS OF to Remove Potentilla robbinsiana (Robbin’s other purposes. (Rept. No. 107–254). COMMITTEES cinquefoil) from the Federal List of Endan- By Mr. BINGAMAN, from the Committee gered and Threatened Plants’’ (RIN1018– on Energy and Natural Resources, with The following executive reports of AH56) received on August 27, 2002; to the amendments: committees were submitted on Sep- Committee on Environment and Public S. 1944: A bill to revise the boundary of the tember 5, 2002: Works. Black Canyon of the Gunnison National By Mr. LEAHY for the Committee on the EC–8827. A communication from the Regu- Park and Gunnison Gorge National Con- Judiciary. lations Officer, Federal Highway Adminis- servation Area in the State of Colorado, and Reena Raggi, of New York, to be United tration, Department of Transportation, for other purposes. (Rept. No. 107–255). transmitting, pursuant to law, the report of By Mr. BINGAMAN, from the Committee States Circuit Judge for the Second Circuit. a rule entitled ‘‘Revision of the Manual on on Energy and Natural Resources, with an James Knoll Gardner, of Pennsylvania, to Uniform Traffic Control Devices; Accessible amendment: be United States District Judge for the East- Pedestrian Signs’’ (RIN2125–AE83) received S. 2519: A bill to direct the Secretary of the ern District of Pennsylvania. on August 27, 2002; to the Committee on En- Interior to conduct a study of Coltsville in Denny Wade King, of Tennessee, to be vironment and Public Works. the State of Connecticut for potential inclu- United States Marshal for the Middle Dis- EC–8828. A communication from the Regu- sion in the National Park System. (Rept. No. trict of Tennessee for the term of four years. lations Officer, Federal Highway Adminis- 107–256). (Nominations without an asterisk tration, Department of Transportation, By Mr. BINGAMAN, from the Committee were reported with the recommenda- transmitting, pursuant to law, the report of on Energy and Natural Resources, with an tion that they be confirmed.) a rule entitled ‘‘Traffic Control Devices on amendment in the nature of a substitute and Federal-Aid and Other Streets and High- an amendment to the title: f ways; Color Specifications for S. 2571: A bill to direct the Secretary of the EXECUTIVE REPORT OF Retroreflective Sign and Pavement Marking Interior to conduct a special resources study COMMITTEE Materials’’ (RIN2125–AE67) received on Au- to evaluate the suitability and feasibility of gust 27, 2002; to the Committee on Environ- establishing the Rim of the Valley Corridor The following executive report of ment and Public Works. as a unit of the Santa Monica Mountains Na- committee was submitted on Sep- EC–8829. A communication from the Assist- tional Recreation Area. (Rept. No. 107–257). tember 6, 2002 under the authority of ant Secretary of the Army, Civil Works, By Mr. BINGAMAN, from the Committee an order of the Senate of September 5, transmitting, pursuant to law, a report rel- on Energy and Natural Resources, with an ative to the Howard A. Hanson Dam, Green amendment in the nature of a substitute: 2002: River, Washington; to the Committee on En- S. 2598: A bill to enhance the criminal pen- By Mr. BIDEN, from the Com- vironment and Public Works. alties for illegal trafficking of archae- mittee on Foreign Relations: EC–8830. A communication from the Assist- ological resources, and for other purposes. Treaty Doc. 96–53 CONVENTION OF THE ant Secretary for Fish and Wildlife and (Rept . No. 107–258). ELIMINATION OF ALL FORMS OF DIS- Parks, Fish and Wildlife Service, Depart- H.R. 37: A bill to amend the National CRIMINATION AGAINST WOMEN (Exec. ment of the Interior, transmitting, pursuant Trails System Act to update the feasibility Rept. No. 107–9) to law, the report of a rule entitled ‘‘Endan- and suitability studies of 4 national historic (TEXT OF COMMITTEE RECOMMENDED gered and Threatened Wildlife and Plants; trails and provide for possible additions to RESOLUTION OF RATIFICATION Final Designation of Critical Habitat for the such trails. (Rept. No. 107–259) . Resolved (two-thirds of the Senators Northern Great Plains Breeding Population By Mr. BINGAMAN, from the Committee present concurring therein), of the Piping Plover’’ (RIN1018–AH96); to the on Energy and Natural Resources, without Section 1. Advice and Consent to Ratifica- Committee on Environment and Public amendment: Works. H.R. 38: A bill to provide for additional tion of the Convention on the Elimination of EC–8831. A communication from the Acting lands to be included within the boundaries of all Forms of Discrimination Against Women, Assistant Secretary of the Army, Civil the Homestead National Monument of Amer- subject to Reservations, Understandings and Works, transmitting, pursuant to law, a re- ica in the State of Nebraska, and for other Declarations. port regarding the Missouri River Mitigation purposes. (Rept. No. 107–260). The Senate advises and consents to the Project; Missouri, Kansas, Iowa, and Ne- By Mr. BINGAMAN, from the Committee ratification of the Convention on the Elimi- braska; to the Committee on Environment on Energy and Natural Resources, with nation of All Forms of Discrimination and Public Works. amendments: Against Women, adopted by the United Na- EC–8832. A communication from the Chair- H.R. 107: A bill to require that the Sec- tions General Assembly on December 18, man of the Nuclear Regulatory Commission, retary of the Interior conduct a study to 1979, and signed on behalf of the United transmitting, pursuant to law, the monthly identify sites and resources, to recommend States of America on July 17, 1980 (Treaty status report on the Commission’s licensing alternatives for commemorating and inter- Doc. 96–53), subject to the reservations in activities and regulatory duties for April preting the Cold War, and for other purposes. Section 2, the understandings in Section 3, 2002; to the Committee on Environment and (Rept. No. 107–261). and the declarations in Section 4. Public Works. By Mr. BINGAMAN, from the Committee Section 2. Reservations. EC–8833. A communication from the Assist- on Energy and Natural Resources, without The advice and consent of the Senate is ant Secretary of the Army, Civil Works, amendment: subject to the following reservations, which transmitting, pursuant to law, a report on H.R. 1776: A bill to authorize the Secretary shall be included in the instrument of ratifi- navigation improvements for the Arthur Kill of the Interior to study the suitability and cation: Channel-Howland Hook Marine Terminal, feasibility of establishing the Buffalo Bayou (1) The Constitution and laws of the United New York and New Jersey; to the Committee National Heritage Area in west Houston, States establish extensive protections on Environment and Public Works. Texas. (Rept. No. 107–262). against discrimination reaching all forms of

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.046 S09PT1 S8384 CONGRESSIONAL RECORD — SENATE September 9, 2002 governmental activity as well as significant Discrimination Against Women, as set forth By Mr. REID (for himself and Ms. area of non-governmental activity. However, in Article 21, reports annually to the General CANTWELL): individual privacy and freedom from govern- Assembly on it activities, and ‘‘may make S. Con. Res. 138. A concurrent resolution mental interference in private conduct are suggestions and general recommendations expressing the sense of Congress that the also recognized as among the fundamental based on the examination of reports and in- Secretary of Health And Human Services values of our free and democratic society. formation received from the States Parties.’’ should conduct or support research on cer- The United States understands that by its Accordingly, the United States understands tain tests to screen for ovarian cancer, and terms the Convention requires broad regula- that the Committee on the Elimination of Federal health care programs and group and tion of private conduct, in particular under Discrimination Against Women has no au- individual health plans should cover the Articles 2, 3 and 5. The United States does thority to compel actions by States Parties. tests if demonstrated to be effective, and for not accept any obligation under the Conven- Section 4. Declarations. other purposes; to the Committee on Health, tion to enact legislation or to take any other The advice and consent of the Senate is Education, Labor, and Pensions. action with respect to private conduct ex- subject to the following declarations: f cept as mandated by the Constitution and (1) The United States declares that, for laws of the United States. purposes of its domestic law, the provisions ADDITIONAL COSPONSORS (2) Under current U.S. law and practice, of the Convention are non-self-executing. S. 155 With reference to Article 29(2), the United women are permitted to volunteer for mili- At the request of Mr. BINGAMAN, the States declares that it does not consider tary service without restriction, and women name of the Senator from Illinois (Mr. in fact serve in all U.S. armed services, in- itself bound by the provisions of Article cluding in combat positions. However, the 29(1). The specific consent of the United DURBIN) was added as a cosponsor of S. United States does not accept an obligation States to the jurisdiction of the Inter- 155, a bill to amend title 5, United under the Convention to assign women to all national Court of Justice concerning dis- States Code, to eliminate an inequity military units and positions which may re- putes over the interpretation or application in the applicability of early retirement quire engagement in direct combat. of this Convention is required on a case-by eligibility requirements to military re- (3) U.S. law provides strong protections case basis. serve technicians. against gender discrimination in the area of f S. 561 remuneration, including the right to equal pay for equal work in jobs that are substan- INTRODUCTION OF BILLS AND At the request of Ms. COLLINS, the tially similar. However, the United States JOINT RESOLUTIONS name of the Senator from Minnesota (Mr. DAYTON) was added as a cosponsor does not accept any obligation under this The following bills and joint resolu- of S. 561, a bill to provide that the Convention to enact legislation establishing tions were introduced, read the first the doctrine of comparable worth as that same health insurance premium con- and second times by unanimous con- term is understood in U.S. practice. version arrangements afforded to Fed- sent, and referred as indicated: (4) Current U.S. law contains substantial eral employees be made available to provisions for maternity leave in many em- By Mr. DEWINE (for himself and Mr. Federal annuitants and members and ployment situations but does not require DURBIN): paid maternity leave. Therefore, the United S. 2913. A bill to amend the Employee Re- retired members of the uniformed serv- States does not accept an obligation under tirement Income Security Act of 1974, the ices. Article 11(2)(b) to introduce maternity leave Public Health Service Act, and the Internal S. 572 with pay or with comparable social benefits Revenue Code of 1986 to provide health insur- At the request of Mr. NELSON of Flor- without loss of former employment, senior- ance protections for individuals who are liv- ida, his name was added as a cosponsor ity or social allowances. ing organ donors; to the Committee on of S. 572, a bill to amend title XIX of Section 3. Understandings. Health, Education, Labor, and Pensions. the Social Security Act to extend The advice and consent of the Senate is By Mr. ROCKEFELLER: subject to the following understandings, S. 2914. A bill to amend title XVIII of the modifications to DSH allotments pro- which shall be included in the instrument of Social Security Act to provide for appro- vided under the Medicare, Medicaid, ratification: priate incentive payments under the medi- and SCHIP Benefits Improvement and (1) The United States understands that this care program for physicians’ services fur- Protection Act of 2000. convention shall be implemented by the Fed- nished in underserved areas; to the Com- S. 611 eral Government to the extent that it exer- mittee on Finance. At the request of Ms. MIKULSKI, the cises jurisdiction over the matters covered By Mr. SCHUMER (for himself, Mrs. name of the Senator from Minnesota therein, and otherwise by the State and local CLINTON, Mr. TORRICELLI, and Mr. (Mr. DAYTON) was added as a cosponsor governments. To the extent that State and CORZINE): local governments exercise jurisdiction over S. 2915. A bill to provide for cancellation of of S. 611, a bill to amend title II of the such matters, the Federal Government shall, student loan indebtedness for spouses, sur- Social Security Act to provide that the as necessary, take appropriate measures to viving joint debtors, and parents of individ- reduction in social security benefits ensure the fulfillment of this Convention. uals who died or became permanently and to- which are required in the case of (2) The Constitution and laws of the United tally disabled due to injuries suffered in the spouses and surviving spouses who are States contain extensive protections of indi- terrorist attack on September 11, 2001; to the vidual freedom of speech, expression, and as- also receiving certain Government pen- Committee on Health, Education, Labor, and sions shall be equal to the amount by sociation. Accordingly, the United States Pensions. does not accept any obligation under this By Mr. BIDEN: which two-thirds of the total amount Convention, in particular under Articles 5, 7, S. 2916. A bill to put a college education of the combined monthly benefit (be- 8 and 13, to restrict those rights, through the within reach, and for other purposes; to the fore reduction) and monthly pension adoption of legislation or any other meas- Committee on Finance. exceeds $1,200, adjusted for inflation. ures, to the extent that they are protected S. 677 by the Constitution and laws of the United SUBMISSION OF CONCURRENT AND At the request of Mr. HATCH, the States. SENATE RESOLUTIONS (3) The United States understands that Ar- name of the Senator from Pennsyl- The following concurrent resolutions vania (Mr. SPECTER) was added as a co- ticle 12 permits States Parties to determine and Senate resolutions were read, and which health care services are appropriate in sponsor of S. 677, a bill to amend the connection with family planning, pregnancy, referred (or acted upon), as indicated: Internal Revenue Code of 1986 to repeal confinement and the post-natal period, as By Mr. JOHNSON (for himself, Mr. the required use of certain principal re- well as when the provision of free services is WELLSTONE, Mr. HARKIN, Mr. LUGAR, payments on mortgage subsidy bond fi- necessary, and does not mandate the provi- Mr. DASCHLE, Mr. CONRAD, Mr. DOR- nancing to redeem bonds, to modify the sion of particular services on a cost-free GAN, Mr. GRASSLEY, Mr. DAYTON, Mr. purchase price limitation under mort- basis. NELSON of Nebraska, Mr. DURBIN, Mr. (4) Noting in this Convention shall be con- BAUCUS, Mr. ALLARD, Mr. FEINGOLD, gage subsidy bond rules based on me- strued to reflect or create any right to abor- Mr. BAYH, Mr. CRAPO, Mrs. dian family income, and for other pur- tion and in no case should abortion be pro- CARNAHAN, Mr. BINGAMAN, Mrs. MUR- poses. moted as a method of family planning. RAY, Mr. JEFFORDS, Mr. LEVIN, Mr. S. 874 (5) The United States understands that the LIEBERMAN, Mr. DEWINE, Ms. At the request of Mr. TORRICELLI, the Committee on the Elimination of Discrimi- STABENOW, and Mr. BREAUX): name of the Senator from South Da- nation Against Women was established under S. Res. 324. A resolution congratulating the Article 17 ‘‘for the purpose of considering the National Farmers Union for 100 years of kota (Mr. JOHNSON) was added as a co- progress made in the implementation’’ of the service to family farmers, ranchers, and sponsor of S. 874, a bill to require Convention. The United States understands rural communities; to the Committee on Ag- health plans to include infertility ben- that the Committee on the Elimination of riculture, Nutrition, and Forestry. efits, and for other purposes.

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.059 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8385 S. 1234 of mass destruction, cease its illegal to accommodate explosive detection At the request of Mr. HATCH, the importation of Iraqi oil, and by so systems for screening checked baggage, name of the Senator from Connecticut doing hold Syria accountable for its and for other purposes. (Mr. LIEBERMAN) was added as a co- role in the Middle East, and for other S. 2739 sponsor of S. 1234, a bill to amend title purposes. At the request of Mr. HATCH, the 18, United States Code, to provide that S. 2483 names of the Senator from Wyoming certain sexual crimes against children At the request of Mr. CLELAND, the (Mr. ENZI), the Senator from Oklahoma are predicate crimes for the intercep- name of the Senator from Delaware (Mr. NICKLES) and the Senator from tion of communications, and for other (Mr. CARPER) was added as a cosponsor Alaska (Mr. STEVENS) were added as co- purposes. of S. 2483, a bill to amend the Small sponsors of S. 2739, a bill to provide for S. 1394 Business Act to direct the Adminis- post-conviction DNA testing, to im- At the request of Mr. ENSIGN, the trator of the Small Business Adminis- prove competence and performance of name of the Senator from Alaska (Mr. tration to establish a pilot program to prosecutors, defense counsel, and trial MURKOWSKI) was added as a cosponsor provide regulatory compliance assist- judges handling State capital criminal of S. 1394, a bill to amend title XVIII of ance to small business concerns, and cases, to ensure the quality of defense the Social Security Act to repeal the for other purposes. counsel in Federal capital cases, and medicare outpatient rehabilitation S. 2505 for other purposes. therapy caps. At the request of Mr. KENNEDY, the S. 2770 S. 1605 name of the Senator from Minnesota At the request of Mr. DODD, the name At the request of Mr. CONRAD, the (Mr. WELLSTONE) was added as a co- of the Senator from California (Mrs. names of the Senator from South Da- sponsor of S. 2505, a bill to promote the BOXER) was added as a cosponsor of S. kota (Mr. JOHNSON) and the Senator national security of the United States 2770, a bill to amend the Federal Law from New Mexico (Mr. BINGAMAN) were through international educational and Enforcement Pay Reform Act of 1990 to added as cosponsors of S. 1605, a bill to cultural exchange programs between adjust the percentage differentials pay- amend title XVIII of the Social Secu- the United States and the Islamic able to Federal law enforcement offi- rity Act to provide for payment under world, and for other purposes. cers in certain high-cost areas. the Medicare Program for four hemo- S. 2533 S. 2793 dialysis treatments per week for cer- At the request of Mrs. FEINSTEIN, the At the request of Mr. ENSIGN, the tain patients, to provide for an in- name of the Senator from Georgia (Mr. names of the Senator from Ohio (Mr. creased update in the composite pay- CLELAND) was added as a cosponsor of VOINOVICH) and the Senator from North ment rate for dialysis treatments, and S. 2533, a bill to amend title II of the Carolina (Mr. HELMS) were added as co- for other purposes. Social Security Act to provide for mis- sponsors of S. 2793, a bill to improve S. 1761 cellaneous enhancements in Social Se- patient access to health care services At the request of Mr. DORGAN, the curity benefits, and for other purposes. and provide improved medical care by names of the Senator from New Jersey S. 2555 reducing the excessive burden the li- (Mr. TORRICELLI) and the Senator from At the request of Mr. BAUCUS, the ability system places on the health Alaska (Mr. STEVENS) were added as co- name of the Senator from Iowa (Mr. care delivery system. sponsors of S. 1761, a bill to amend title HARKIN) was added as a cosponsor of S. S. 2826 XVIII of the Social Security Act to 2555, a bill to amend title XVIII of the At the request of Mr. SCHUMER, the provide for coverage of cholesterol and Social Security Act to enhance bene- name of the Senator from Arkansas blood lipid screening under the medi- ficiary access to quality health care (Mrs. LINCOLN) was added as a cospon- care program. services under the medicare program. sor of S. 2826, a bill to improve the na- S. 1785 S. 2596 tional instant criminal background At the request of Mr. CLELAND, the At the request of Mrs. BOXER, the check system, and for other purposes. names of the Senator from Colorado name of the Senator from Oregon (Mr. S. 2841 (Mr. ALLARD) and the Senator from WYDEN) was added as a cosponsor of S. At the request of Mr. CORZINE, the Connecticut (Mr. DODD) were added as 2596, a bill to amend the Internal Rev- name of the Senator from New York cosponsors of S. 1785, a bill to urge the enue Code of 1986 to extend the financ- (Mrs. CLINTON) was added as a cospon- President to establish the White House ing of the Superfund. sor of S. 2841, a bill to adjust the index- Commission on National Military Ap- S. 2602 ing of multifamily mortgage limits, preciation Month, and for other pur- At the request of Mrs. CLINTON, the and for other purposes. poses. name of the Senator from Minnesota S. 2869 S. 1867 (Mr. DAYTON) was added as a cosponsor At the request of Mr. KERRY, the At the request of Mr. LIEBERMAN, the of S. 2602, a bill to amend title 38, name of the Senator from Arkansas name of the Senator from Nebraska United States Code, to provide that re- (Mrs. LINCOLN) was added as a cospon- (Mr. NELSON) was added as a cosponsor marriage of the surviving spouse of a sor of S. 2869, a bill to facilitate the of S. 1867, a bill to establish the Na- veteran after age 55 shall not result in ability of certain spectrum auction tional Commission on Terrorist At- termination of dependency and indem- winners to pursue alternative measures tacks Upon the United States, and for nity compensation. required in the public interest to meet other purposes. S. 2626 the needs of wireless telecommuni- S. 2049 At the request of Mr. KENNEDY, the cations consumers. At the request of Mr. DEWINE, the names of the Senator from South Da- S. 2908 name of the Senator from New Jersey kota (Mr. DASCHLE) and the Senator At the request of Mr. FEINGOLD, the (Mr. TORRICELLI) was added as a co- from New Mexico (Mr. BINGAMAN) were name of the Senator from Maryland sponsor of S. 2049, a bill to amend the added as cosponsors of S. 2626, a bill to (Ms. MIKULSKI) was added as a cospon- Federal Food, Drug and Cosmetic Act protect the public health by providing sor of S. 2908, a bill to require the Sec- to include a 12 month notification pe- the Food and Drug Administration retary of Defense to establish at least riod before discontinuing a biological with certain authority to regulate to- one Weapons of Mass Destruction Civil product, and for other purposes. bacco products. Support Team in each State, and for S. 2215 S. 2735 other purposes. At the request of Mrs. BOXER, the At the request of Mr. ENSIGN, the S. CON. RES. 11 name of the Senator from Oregon (Mr. name of the Senator from Missouri At the request of Mrs. FEINSTEIN, the SMITH) was added as a cosponsor of S. (Mr. BOND) was added as a cosponsor of names of the Senator from Nevada (Mr. 2215, a bill to halt Syrian support for S. 2735, a bill to amend title 49, United REID) and the Senator from Ohio (Mr. terrorism, end its occupation of Leb- States Code, to provide for the modi- DEWINE) were added as cosponsors of S. anon, stop its development of weapons fication of airport terminal buildings Con. Res. 11, a concurrent resolution

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.056 S09PT1 S8386 CONGRESSIONAL RECORD — SENATE September 9, 2002 expressing the sense of Congress to main on the national transplant wait- giving additional hope to the 79,000 per- fully use the powers of the Federal ing list. Right now, more than 50,000 sons on the national transplant wait- Government to enhance the science people, alone, are waiting for kidney ing list. base required to more fully develop the transplants. That number is expected Living organ donors give family field of health promotion and disease to double within the next decade. Addi- members and friends a second chance prevention, and to explore how strate- tionally, between 12 and 16 people die at life and the opportunity to reduce gies can be developed to integrate life- each day just waiting for an available the number of people on the waiting style improvement programs into na- organ. list to receive an organ. It is time for tional policy, our health care system, To remedy the organ shortage, we Congress to make a sensible decision in schools, workplaces, families and com- must increase public awareness. By support of a person’s decision to be a munities. educating the public and raising aware- living organ donor. I encourage my col- S. CON. RES. 94 ness, more people will choose to be- leagues to join me in co-sponsoring At the request of Mr. WYDEN, the come organ donors. At the very least, this bill. name of the Senator from Iowa (Mr. through these efforts, we can encour- By Mr. ROCKEFELLER: GRASSLEY) was added as a cosponsor of age more families to discuss what their S. 2914. A bill to amend title XVIII of S. Con. Res. 94, a concurrent resolution wishes are and whether they would the Social Security Act to provide for expressing the sense of Congress that want to be organ donors. appropriate incentive payments under public awareness and education about But our efforts must not stop there. the medicare program for physicians’ the importance of health care coverage We must do more than just implement services furnished in underserved is of the utmost priority and that a Na- public awareness campaigns, because areas; to the Committee on Finance. tional Importance of Health Care Cov- the face of organ donation is changing. Mr. ROCKEFELLER. Mr. President, erage Month should be established to For the first time ever, the number of today I introduce the Medicare Incen- promote that awareness and education. living organ donors outnumbered ca- daver donors. Last year, there were tive Payment Program Refinement Act AMENDMENT NO. 4508 6,081 donor cadavers while 6,485 people of 2002. This bill makes needed and At the request of Mr. FEINGOLD, the opted to become living donors, usually long-overdue changes to the Medicare names of the Senator from Nevada (Mr. giving up a healthy kidney to help a Inventive Payment Program, an initia- REID) and the Senator from Maryland family member or friend. tive conceived to address the growing (Mr. SARBANES) were added as cospon- Recognizing this, my colleague, Sen- primary care physician shortage in sors of amendment No. 4508 intended to ator DURBIN, and I introduce a bill some of our country’s most medically be proposed to H.R. 5005, a bill to estab- today that would help protect living underserved communities. The number lish the Department of Homeland Secu- organ donors in the group insurance of physicians needed to care for all in- rity, and for other purposes. market. Our bill would ensure that dividuals, especially our aging seniors, AMENDMENT NO. 4509 those individuals who choose to be liv- continues to grow in remote rural At the request of Mr. FEINGOLD, the ing organ donors are not discriminated areas and in underserved urban areas. names of the Senator from Nevada (Mr. against in the insurance marketplace. However, rising health costs and the REID) and the Senator from Maryland Our bill builds on the protections pro- difficulties of operating a practice in (Mr. SARBANES) were added as cospon- vided by the Health Insurance Port- underserved communities has exacer- sors of amendment No. 4509 intended to ability and Accountability Act, so that bated the physician shortage. Although be proposed to H.R. 5005, a bill to estab- living organ donors are not denied in- the Medicare Incentive Payment Pro- lish the Department of Homeland Secu- surance nor are they applied discrimi- gram aims to address the financial hur- rity, and for other purposes. natory insurance premiums because of dles facing physicians in needy areas, AMENDMENT NO. 4510 their living organ donor status. the program has failed to achieve real At the request of Mr. BAYH, the name Quite simply, a brother who donates results. This bill will make funda- of the Senator from Arkansas (Mr. a part of his kidney to his sister should mental changes to improve the pro- HUTCHINSON) was added as a cosponsor not be denied health insurance. But gram’s effectiveness. of amendment No. 4510 intended to be tragically, that is what oftentimes Rural areas, in particular, are in proposed to H.R. 5005, a bill to estab- happens. Frequently, individuals who need of efforts to retain primary care lish the Department of Homeland Secu- are living organ donors are denied physicians, since the difficulties of op- rity, and for other purposes. health insurance or restricted from the erating a practice often drive doctors f insurance market. Instead, we should to larger areas with more resources celebrate living organ donors and re- and professional support. According to STATEMENTS ON INTRODUCED move obstacles and barriers for the the Federal Office of Rural Health Pol- BILLS AND JOINT RESOLUTIONS successful donation of organs. Insur- icy, over 20 million Americans live in By Mr. DEWINE (for himself and ance shouldn’t undermine someone’s areas that have a shortage of physi- Mr. DURBIN): decision to be a living organ donor. cians, and between 1975 and 1995 the S. 2913. A bill to amend the Employee Some States are evaluating how liv- smallest counties in the U.S., popu- Retirement Income Security Act of ing organ donors affect the market. lation under 2,500, experienced a drop 1974, the Public Health Service Act, States are amending their Family Med- in their physician-to-population ratio. and the Internal Revenue Code of 1986 ical Leave eligibility so that living More than 2,200 primary care physi- to provide health insurance protections organ donors can participate and ben- cians would be needed to remove all for individuals who are living organ do- efit from the program. The Federal nonmetropolitan HPSA designations, nors; to the Committee on Health, Edu- Government, with the Organ Donor and more than twice that number is cation, Labor, and Pensions. Leave Act of 1999, offered 30 days paid needed to achieve adequate physician Mr. DEWINE. Madam President, I leave to Federal employees who chose staffing levels nationwide. rise today to raise the awareness of an to be an organ donor. But, paid leave According to the National Rural issue that affects over 22,000 people a and job protection doesn’t mean much Health Association, nonmetropolitan year, and that issue is organ donation. if people are denied health insurance or physicians treat a larger number of The sad fact about organ donations is are required to pay higher premiums Medicare and Medicaid beneficiaries this: We have the medical know-how to because they donated an organ to save than their urban counterparts do, gen- save lives, but we lack the organs. We another person’s life. erating less income for physicians per lack organs because most Americans The impact of living organ donation patient. Furthermore, nonmetropolitan simply are unaware of the life-giving is profound. A living organ donor not physicians are less likely to perform difference they can make by choosing only can save the life of one patient, high cost medical services due to their to become organ donors. but can also take that person off the limited number of resources. Under- Sadly, each day the waiting list for waiting list for a cadaver donation. standably, MIPP monies can affect the those needing organs continues to That means the next person on the quality of life for rural physicians and grow. Today, nearly 79,000 people re- waiting list is ‘‘bumped up’’ a spot— help prevent the mass migration of

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.058 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8387 needed health care professionals from plicable physician specialty to an individual previous steps that others and I have underserved areas. who is enrolled under this part and who in- taken to make it possible for more The Medicare Incentive Payment curs expenses for such services in an area families to provide their children with Program, as it exists today, has not that is designated under section 332(a)(1)(A) a college education. I introduce this fulfilled its original mandate, to re- of the Public Health Service Act as a health professional shortage area, in addition to the bill so that the decision to send one’s cruit and retain primary care physi- amount otherwise paid under this part, there child to college will not be over- cians in health professional shortage also shall be paid to the physician (or to an shadowed by the decision of how to pay areas. Passed as part of OBRA 87, the employer or facility in the cases described in for it. program pays all physicians a 10 per- clause (A) of section 1842(b)(6)) (on a quar- The ‘‘Tuition Assistance for Families cent bonus for each Medicare recipient terly basis) from the Federal Supplementary Act’’ will provide middle class Amer- they treat. This enhanced reimburse- Medical Insurance Trust Fund, an amount ican families with a $12,000 tuition tax ment is meant to offset the financial equal to 20 percent of the payment amount deduction each year. Based on legisla- advantage of providing service in more for the service under this part. tion that I introduced with Senator ‘‘(2) APPLICABLE PHYSICIAN SPECIALTY DE- populous areas, as well as help physi- SCHUMER last year, at $12,000 this de- FINED.—In this subsection, the term ‘applica- cians with the costs associated with ble physician specialty’ means, with respect duction provides real, meaningful tax operating a practice in an underserved to a physician, the primary specialty of that relief. Tax relief that American fami- community. Most importantly, the physician if the specialty is one of the fol- lies have been waiting for. Tax relief program aims to increase health care lowing: that can go a long way in helping them access for Medicare beneficiaries and ‘‘(A) General practice. afford room, board and tuition. improve the health of communities ‘‘(B) Family practice. The bill that I am introducing today overall. ‘‘(C) Pediatric medicine. also expands the two tuition tax cred- However, analyses from the Office of ‘‘(D) General internal medicine. its enacted in 1997—the Hope Scholar- ‘‘(E) Obstetrics and gynecology. the Inspector General of HHS, the ship and the Lifetime Learning Tax GAO, and independent health experts ‘‘(F) General surgery. ‘‘(G) Emergency medicine. Credit. Under current law, the Lifetime confirm that the program is unfocused ‘‘(3) AUTOMATION OF INCENTIVE PAYMENTS.— Learning Credit allows a 20 percent tax and largely ineffective. All physicians The Secretary shall establish procedures credit on the first $10,000 in higher edu- are eligible for bonus payments, even under which the Secretary shall automati- cation expenses in year 2003. Under my when they may not be in short supply. cally make the payments required to be bill, the Lifetime Learning Tax Credit Bonus payments are 10 percent, not made under paragraph (1) to each physician percentage would jump from 20 to 25 enough to lure physicians to under- who is entitled to receive such a payment. percent and raise the amount of edu- Such procedures shall not require the physi- served areas, especially if the payment cation expenses subject to the credit to is based on a basic, primary care visit. cian furnishing the service to be responsible for determining when a payment is required $12,000. In terms of real dollars, this Finally, many physicians do not even to be made under that paragraph.’’. would mean that a student who files in know this program exists, and those (b) EFFECTIVE DATE.—The amendment tax year 2003 under my plan could get that do are often unsure whether they made by subsection (a) shall apply with re- up to $3,000 back in taxes. Under cur- are delivering care in a HPSA and how spect to services furnished on or after Janu- rent law, the maximum allowable cred- to bill for the payment appropriately. ary 1, 2003, in an area designated under sec- it is only $2,000. That is a $1,000 dif- To improve the program, this bill in- tion 332(a)(1)(A) of the Public Health Service ference. $1,000 that can go directly into creases the bonus payment from 10 per- Act (42 U.S.C. 254e(a)(1)(A)) as a health pro- fessional shortage area. a student’s pocket to pay for books, a cent to 20 percent and allows only computer or tuition. The also raises those physicians providing primary By Mr. BIDEN: the income limits for each credit to care services, including family and S. 2916. A bill to put a college edu- $130,000 per family, per year, so that general medicine, general internal cation within reach, and for other pur- more families are afforded the help medicine, pediatrics, obstetrics and poses; to the Committee on Finance. that they need. gynecology, emergency medicine, and Mr. BIDEN. Mr. President, as another This bill reintroduces the idea of a general surgery, to receive the incen- school year starts, many college stu- $1,000 merit scholarship to be awarded tive payment. Finally, my bill dents are worrying not only about to the top 5 percent of each high automates payments, so physicians no their class loads and their coursework, school’s graduating class. These types longer have to guess whether they are but about where the money to pay for of scholarships not only reward student eligible for the program. These im- their educations will come from. achievement, they help to ensure that provements will strengthen the origi- Today, the average cost of attending a the best and brightest students have nal intent of the legislation, to recruit public 4-year college has jumped to the ability to go on to college—thereby and retain primary care physicians in $9,000, up 7.7 percent from last year. increasing the pool of well-qualified underserved areas, and strengthen the This represents the highest rate of in- American workers for the information primary health care infrastructure of crease since 1993. For those families technology age. our country’s most needy commu- that choose to send their children to a This act also increases the maximum nities. Pell Grant award from $4,000 to $4,500. I ask unanimous consent that the private institution, that number rises. During the 2001–2002 school year, the text of the bill be printed in the Up 4.7 percent from the year before, the maximum Pell Grant award covered RECORD. average cost of a private 4-year institu- There being no objection, the bill was tion is now close to $24,000 a year. about 42 percent of the average tuition, room and board at a public 4-year uni- ordered to be printed in the RECORD, as What do these rising tuition costs follows: mean? Hard working American fami- versity. During the 1975–76 it covered 84 Be it enacted by the Senate and House of Rep- lies are spending a larger percentage of percent of these same costs. Clearly, resentatives of the United States of America in their incomes than ever before to send the purchasing power of these grants Congress assembled, their children to college. To attend the has dramatically declined. As such, the SECTION 1. SHORT TITLE. University of Delaware, where I went debt load of American families and This Act may be cited as the ‘‘Medicare In- to school, it costs nearly 20 percent of American students has increased con- centive Payment Program Refinement Act a Delaware family’s average annual in- siderably over the years as students of 2002’’. come to cover costs. To attend a pri- have looked to federal and private SEC. 2. REVISION OF INCENTIVE PAYMENTS FOR PHYSICIANS’ SERVICES FURNISHED vate college or university, that num- loans to finance their educations. A re- IN UNDERSERVED AREAS. ber, in some instances can jump to over port released just this March by the (a) IN GENERAL.—Section 1833(m) of the So- 40 percent of annual income. State PIRG’s Higher Education Project cial Security Act (42 U.S.C. 1395l(m)) is To help remedy this situation I come found that at the end of the 1999–2000 amended to read as follows: to the floor today to reintroduce legis- school year, 64 percent of college stu- ‘‘(m) INCENTIVE PAYMENTS FOR PHYSICIANS’ SERVICES FURNISHED IN UNDERSERVED lation to help American families afford dents graduated with student loan debt AREAS.— their children’s tuition. This com- at an average of $16,928, nearly double ‘‘(1) IN GENERAL.—In the case of physicians’ prehensive package, ‘‘The Tuition As- the average debt load just eight years services furnished by a physician with an ap- sistance for Families Act,’’ builds upon ago. Double the debt load in 1994.

VerDate Sep 04 2002 03:39 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.062 S09PT1 S8388 CONGRESSIONAL RECORD — SENATE September 9, 2002 It is the dream of every American to for a century of dedicated service to the care programs and group and individual provide for their child a better life farmers, ranchers, and rural communities of health plans should cover the technique. than they had themselves. Helping the United States. Mr. REID. Madam President, I rise families afford the increasing cost of a today for myself and Senator CANT- college education will move us closer SENATE CONCURRENT RESOLU- WELL to submit a concurrent resolution to making that dream a reality. For TION 138—EXPRESSING THE expressing the sense of the Congress this reason, I have spent a great deal of SENSE OF CONGRESS THAT THE that the Secretary of Health and time in the Senate fighting to provide SECRETARY OF HEALTH AND Human Services should conduct or sup- tax relief for middle class American HUMAN SERVICES SHOULD CON- port research to improve early detec- families struggling with the cost of DUCT OR SUPPORT RESEARCH tion of ovarian cancer. Specifically, college. And while I was pleased when ON CERTAIN TESTS TO SCREEN our resolution encourages continuing some of the ideas I advocated were FOR OVARIAN CANCER, AND and accelerating the development of an adopted in the 1997 tax cut bill, it is FEDERAL HEALTH CARE PRO- ovarian cancer screening test currently clear that as tuition costs rise dra- GRAMS AND GROUP AND INDI- underway through a public-private matically, working Americans need ad- VIDUAL HEALTH PLANS SHOULD partnership including the National ditional assistance. The ‘‘Tuition As- COVER THE TESTS IF DEM- Cancer Institute and the Food and sistance for Families Act’’ will provide ONSTRATED TO BE EFFECTIVE, Drug Administration. extra help so that more families can af- AND FOR OTHER PURPOSES Ovarian cancer is the deadliest of the ford to give their children a brighter Mr. REID (for himself and Ms. CANT- gynecologic cancers and the fourth and better future. Let’s not allow a col- WELL) submitted the following concur- leading cause of cancer death among lege education to become a luxury rent resolution; which was referred to women in the United States. Ovarian when, in the information technology the Committee on Health, Education, cancer occurs in 1 out of 57 women, and age, it is an absolute necessity. Labor, and Pensions: an estimated 13,900 American women f S. CON. RES. 138 died from ovarian cancer in 2001 alone. Currently, approximately three-quar- STATEMENTS ON SUBMITTED Whereas ovarian cancer is a serious and ters of women with ovarian cancer are RESOLUTIONS under recognized threat to women’s health; Whereas ovarian cancer, the deadliest of diagnosed when they are already in ad- the gynecologic cancers, is the fourth lead- vanced stages of the disease, and only SENATE RESOLUTION 324—CON- ing cause of cancer death among women in one in five will survive five years. How- GRATULATING THE NATIONAL the United States ever, if the disease is caught early, the FARMERS UNION FOR 100 YEARS Whereas ovarian cancer occurs in 1 out of five-year survival rate jumps to 95 per- 57 women in the United States; OF SERVICE TO FAMILY FARM- cent. Thus providing a way to rou- Whereas approximately 50 percent of the tinely identify the disease in its ‘‘Stage ERS, RANCHERS, AND RURAL women in the United States diagnosed with COMMUNITIES ovarian cancer die as a result of the cancer 1’’ phase could have a dramatic impact Mr. JOHNSON (for himself, Mr. within 5 years; in what is now a very deadly cancer. No screening test exists that can accu- WELLSTONE, Mr. HARKIN, Mr. LUGAR, Whereas ovarian cancer is readily treat- able when it is detected in the beginning rately detect ovarian cancer in the Mr. DASCHLE, Mr. CONRAD, Mr. DORGAN, stages before it has spread beyond the ova- early states when it is highly curable. Mr. GRASSLEY, Mr. DAYTON, Mr. NEL- ries, but the vast majority of cases are not In the February 2002 issue of The SON of Nebraska, Mr. DURBIN, Mr. BAU- diagnosed until the advanced stages when Lancet, scientists from the Food and CUS, Mr. ALLARD, Mr. FEINGOLD, Mr. the cancer has spread beyond the ovaries; Drug Administration and the National BAYH, Mr. CRAPO, Mrs. CARNAHAN, Mr. Whereas in cases where ovarian cancer is Cancer Institute reported that patterns BINGAMAN, Mrs. MURRAY, Mr. detected in the beginning stages, more than of protein found in patients’ blood JERFFORDS, Mr. LEVIN, Mr. LIEBERMAN, 90 percent of women survive longer than 5 Mr. DEWINE, Ms. STABENOW, and Mr. years; serum may reflect the presence of BREAUX) submitted the following reso- Whereas only 25 percent of ovarian cancer ovarian cancer. Using an innovative lution; which was referred to the Com- cases in the United States are diagnosed in testing approach, analyzing patterns of the beginning stages; blood protein rather than identifying mittee on Agriculture, Nutrition, and Whereas in cases where ovarian cancer is Forestry: single blood biomarkers, researchers diagnosed in the advanced stages, the chance were able to differentiate between S. RES. 324 of 5-year survival is only about 25 percent; serum samples taken from patients Whereas the National Farmers Union cele- and brates its centennial anniversary in 2002; Whereas ovarian cancer may be difficult to with ovarian cancer and those from un- Whereas during its 100 years of service to detect because symptoms are easily confused affected individuals. rural America, the National Farmers Union with other diseases and because there is no However, this research finding was has faithfully promoted the organization’s reliable, easy-to-administer screening tool: only a first step. Before the scientific mission of education, legislation, and co- Now, therefore, be it community will agree that protein operation as identified by its founders and Resolved by the Senate (the House of Rep- screening is an accurate and beneficial proclaimed in its triangular symbol; resentatives concurring), That it is the sense tool, additional multi-institutional Whereas the National Farmers Union rep- of Congress that— (1) the Secretary of Health and Human trials must be completed. resents nearly 300,000 family farmer and Patients would certainly be more rancher members across the United States; Services, acting through the Director of the Whereas the National Farmers Union epit- National Institutes of Health— willing to be tested if all that it in- omizes the spirit and energy of hundreds of (A) should conduct or support research on volved were a simple, finger-stick thousands of family farmers, ranchers, rural the effectiveness of the medical screening blood test, thus eliminating the need advocates, and communities; technique of using proteomic patterns in for surgery, biopsy, or other painful, Whereas the National Farmers Union re- blood serum to identify ovarian cancer, in- invasive, or risky procedures. The crit- mains dedicated to protecting and enhancing cluding the effectiveness of using the tech- ical advantage of such as screening test the quality of life for rural America; nique in combination with other screening is early detection, finding the disease methods for ovarian cancer; and Whereas the National Farmers Union has when it is most treatable. Of course, been instrumental in the establishment and (B) should continue to conduct or support progress of the farmer-owned cooperative other promising ovarian cancer research early detection of ovarian cancer will movement; and that may lead to breakthroughs in screening save health care costs, but, more im- Whereas the National Farmers Union techniques; portantly, it will save lives. strives to improve rural America through (2) the Secretary of Health and Human This is why I am submitting this res- proactive support and proposals to enhance Services should submit to Congress a report olution. Our resolution encourages the rural economic development, educational op- on the research described in paragraph Department of Health and Human portunities, resource conservation, market (1)(A), including an analysis of the effective- Services to rapidly evaluate the effi- ness of the medical screening technique for competition, domestic farm income, and cacy of this cutting-edge work in the international cooperation: Now, therefore, be identifying ovarian cancer; and it (3) if the research demonstrates that the area of testing for ovarian cancer. If Resolved, That the Senate commends and medical screening technique is effective for the screening tests are proven effec- congratulates the National Farmers Union identifying ovarian cancer, Federal health tive, the public must have the widest

VerDate Sep 04 2002 04:06 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.064 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8389 possible access to them. Toward that tation security, infrastructure protection, (C) prescribing the appropriate size of end, the resolution provides that they emergency preparedness and response, Teams; be covered by Federal health care pro- science and technology promotion related to (D) guiding the disclosure of information under section 8; grams and group and individual health homeland security, and Federal support for State and local activities. (E) guiding the conduct of investigations plans. On page 77, lines 22 and 23, strike ‘‘, the Of- under this Act, including procedures for pro- Representatives STEVE ISRAEL, and fice,’’ after ‘‘OSTP’’. viding written notice of inspection authority ROSA DELAURO, both tireless leaders on On page 103, line 5, strike ‘‘amended—’’ and under section 4(a) and for ensuring compli- cancer research and health issues, in- all that follows through line 12 and insert ance with any other applicable law; troduced this resolution, in the House the following: ‘‘amended in section 204(b)(1) (F) identifying and prescribing appropriate of Representatives. Through their ef- (42 U.S.C. 6613(b)(1)), by inserting ‘homeland conditions for the provision by the Director security’ after ‘national security,’.’’. of additional resources and services Teams forts and bi-partisan support, H. Con. may need; Res. 385 was passed by the House of On page 156, lines 15 and 16, strike ‘‘, the Office,’’. (G) to ensure that investigations under Representatives on July 22. The resolu- On page 158, line 9, strike ‘‘, the Office,’’. this Act do not impede and are coordinated tion deserves the Senate’s prompt at- On page 162, line 11, strike ‘‘and the Direc- with any search and rescue efforts being un- tention, and I urge my colleagues to tor’’. dertaken at the site of the building failure; join me in supporting it. On page 162, line 17, strike ‘‘and Office’’. (H) for regular briefings of the public on On page 173, strike line 15 and all that fol- the status of the investigative proceedings f lows through page 197, line 19. and findings; AMENDMENTS SUBMITTED AND (I) guiding the Teams in moving and pre- PROPOSED SA 4514. Mr. REID (for Mr. HOLLINGS) serving evidence as described in section proposed an amendment to the bill 4(a)(4), (b)(2), and (d)(4); SA 4512. Mr. CRAIG submitted an amend- (J) providing for coordination with Fed- ment intended to be proposed to amendment H.R. 4687, to provide for the establish- eral, State, and local entities that may spon- SA 4471 proposed by Mr. LIEBERMAN to the ment of investigative teams to assess sor research or investigations of building bill H.R. 5005, to establish the Department of building performance and emergency failures, including research conducted under Homeland Security, and for other purposes; response and evacuation procedures in the Earthquake Hazards Reduction Act of which was ordered to lie on the table. the wake of any building failure that 1977; and SA 4513. Mr. THOMPSON (for himself and has resulted in substantial loss of life (K) regarding such other issues as the Di- Mr. WARNER) proposed an amendment to or that posed significant potential of rector considers appropriate. amendment SA 4471 proposed by Mr. (2) PUBLICATION.—The Director shall pub- substantial loss of life; as follows: LIEBERMAN to the bill H.R. 5005, supra. lish promptly in the Federal Register final SA 4514. Mr. REID (for Mr. HOLLINGS) pro- SECTION 1. SHORT TITLE. procedures, and subsequent updates thereof, posed an amendment to the bill H.R. 4687, to This Act may be cited as the ‘‘National developed under paragraph (1). provide for the establishment of investiga- Construction Safety Team Act’’. SEC. 3. COMPOSITION OF TEAMS. tive teams to assess building performance SEC. 2. NATIONAL CONSTRUCTION SAFETY Each Team shall be composed of individ- and emergency response and evacuation pro- TEAMS. uals selected by the Director and led by an cedures in the wake of any building failure (a) ESTABLISHMENT.—The Director of the individual designated by the Director. Team that has resulted in substantial loss of life or National Institute of Standards and Tech- members shall include at least 1 employee of that posed significant potential of substan- nology (in this Act referred to as the ‘‘Direc- the National Institute of Standards and tial loss of life. tor’’) is authorized to establish National Technology and shall include other experts SA 4515. Mr. BAUCUS (for himself and Mr. Construction Safety Teams (in this Act re- who are not employees of the National Insti- GRASSLEY) submitted an amendment in- ferred to as a ‘‘Team’’) for deployment after tute of Standards and Technology, who may tended to be proposed to amendment SA 4471 events causing the failure of a building or include private sector experts, university ex- proposed by Mr. LIEBERMAN to the bill H.R. buildings that has resulted in substantial perts, representatives of professional organi- 5005, to establish the Department of Home- loss of life or that posed significant potential zations with appropriate expertise, and ap- land Security, and for other purposes; which for substantial loss of life. To the maximum propriate Federal, State, or local officials. was ordered to lie on the table. extent practicable, the Director shall estab- Team members who are not Federal employ- f lish and deploy a Team within 48 hours after ees shall be considered Federal Government such an event. The Director shall promptly contractors. TEXT OF AMENDMENTS publish in the Federal Register notice of the SEC. 4. AUTHORITIES. SA 4512. Mr. CRAIG submitted an establishment of each Team. (a) ENTRY AND INSPECTION.—In inves- amendment intended to be proposed to (b) PURPOSE OF INVESTIGATION; DUTIES.— tigating a building failure under this Act, amendment SA 4471 proposed by Mr. (1) PURPOSE.—the purpose of investigations members of a Team, and any other person by Teams is to improve the safety and struc- LIEBERMAN to the bill H.R. 5005, to es- authorized by the Director to support a tural integrity of buildings in the United Team, on display of appropriate credentials tablish the Department of Homeland States. Security, and for other purposes; which provided by the Director and written notice (2) DUTIES.—A Team shall— of inspection authority, may— was ordered to lie on the table; as fol- (A) establish the likely technical cause or (1) enter property where a building failure lows: causes of the building failure; being investigated has occurred, or where On page 67, between lines 13 and 14 insert (B) evaluate the technical aspects of evac- building components, materials, and arti- the following: uation and emergency response procedures; facts with respect to the building failure are (10) Conducting the necessary systems (C) recommend, as necessary, specific im- located, and take action necessary, appro- testing and demonstration of infrastructure provements to building standards, codes, and priate, and reasonable in light of the nature target hardening methods at the National practices based on the findings made pursu- of the property to be inspected to carry out Critical Infrastructure Testbed at the Idaho ant to subparagraphs (A) and (B); and the duties of the Team under section National Engineering and Environmental (D) recommend any research and other ap- 2(b)(2)(A) and (B); Laboratory. propriate actions needed to improve the (2) during reasonable hours, inspect any And renumber the subsequent paragraphs structural safety of buildings, and improve record (including any design, construction, as necessary. evacuation and emergency response proce- or maintenance record), process, or facility dures, based on the findings of the investiga- related to the investigation; SA 4513. Mr. THOMPSON (for himself tion. (3) inspect and test any building compo- and Mr. WARNER) proposed an amend- (c) PROCEDURES.— nents, materials, and artifacts related to the ment to amendment SA 4471 proposed (1) DEVELOPMENT.—Not later than 3 building failure; and months after the date of the enactment of (4) move such records, components, mate- by Mr. LIEBERMAN to the bill H.R. 5005, this Act, the Director, in consultation with rials, and artifacts as provided by the proce- to establish the Department of Home- the United States Fire Administration and dures developed under section 2(c)(1). land Security, and for other purposes; other appropriate Federal agencies, shall de- (b) AVOIDING UNNECESSARY INTERFERENCE as follows: velop procedures for the establishment and AND PRESERVING EVIDENCE.—An inspection, On page 8, strike lines 1 through 3. deployment of Teams. The Director shall up- test, or other action taken by a Team under On page 9, strike lines 13 through 15. date such procedures as appropriate. Such this section shall be conducted in a way On page 12, line 15, strike ‘‘, with the Di- procedures shall include provisions— that— rector,’’. (A) regarding conflicts of interest related (1) does not interfere unnecessarily with On page 12, strike lines 18 through 26 and to service on the Team; services provided by the owner or operator of insert the following: (B) defining the circumstances under which the building components, materials, or arti- (4) To make budget recommendations re- the Director will establish and deploy a facts, property, records, process, or facility; lating to the Strategy, border and transpor- Team; and

VerDate Sep 04 2002 04:06 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G09SE6.045 S09PT1 S8390 CONGRESSIONAL RECORD — SENATE September 9, 2002 (2) to the maximum extent feasible, pre- Act may be summoned or required to be pro- SEC. 8. NATIONAL CONSTRUCTION SAFETY TEAM serves evidence related to the building fail- duced from any place in the United States. A REPORT. ure, consistent with the ongoing needs of the witness summoned under this subsection is Not later than 90 days after completing an investigation. entitled to the same fee and mileage the wit- investigation, a Team shall issue a public re- (c) COORDINATION.— ness would have been paid in a court of the port which includes— (1) WITH SEARCH AND RESCUE EFFORTS.—A United States. (1) an analysis of the likely technical cause Team shall not impede, and shall coordinate (e) ISSUANCE OF SUBPOENAS.—A subpoena or causes of the building failure inves- its investigation with, any search and rescue shall be issued only under the signature of tigated; efforts being undertaken at the site of the the Director but may be served by any per- (2) any technical recommendations for building failure. son designated by the Director. changes to or the establishment of evacu- (2) WITH OTHER RESEARCH.—A Team shall ation and emergency response procedures; (f) FAILURE TO OBEY SUBPOENA.—If a per- coordinate its investigation, to the extent son disobeys a subpoena issued by the Direc- (3) any recommended specific improve- practicable, with qualified researchers who tor under this Act, the Attorney General, ments to building standards, codes, and prac- are conducting engineering or scientific (in- acting on behalf of the Director, may bring a tices; and cluding social science) research relating to (4) recommendations for research and civil action in a district court of the United the building failure. other appropriate actions needed to help pre- States to enforce the subpoena. An action (3) MEMORANDA OF UNDERSTANDING.—The vent future building failures. National Institute of Standards and Tech- under this subsection may be brought in the judicial district in which the person against SEC. 9. NATIONAL INSTITUTE OF STANDARDS nology shall enter into a memorandum of AND TECHNOLOGY ACTIONS. whom the action is brought resides, is found, understanding with each Federal agency After the issuance of a public report under or does business. The court may punish a that may conduct or sponsor a related inves- section 8, the National Institute of Stand- failure to obey an order of the court to com- tigation, providing for coordination of inves- ards and Technology shall comprehensively ply with the subpoena as a contempt of tigations. review the report and, working with the court. (4) WITH STATE AND LOCAL AUTHORITIES.—A United States Fire Administration and other Team shall cooperate with State and local SEC. 6. ADDITIONAL POWERS. appropriate Federal and non-Federal agen- authorities carrying out any activities re- In order to support Teams in carrying out cies and organizations— lated to a Team’s investigation. this Act, the Director may— (1) conduct, or enable or encourage the (d) INTERAGENCY PRIORITIES.— (1) procure the temporary or intermittent conducting of, appropriate research rec- (1) IN GENERAL.—Except as provided in services of experts or consultants under sec- ommended by the Team; and paragraph (2) or (3), a Team investigation tion 3109 of title 5, United States Codes; (2) promote (consistent with existing pro- shall have priority over any other investiga- (2) request the use, when appropriate, of cedures for the establishment of building tion of any other Federal agency. available services, equipment, personnel, and standards, codes, and practices) the appro- (2) NATIONAL TRANSPORTATION SAFETY facilities of a department, agency, or instru- priate adoption by the Federal Government, BOARD.—If the National Transportation Safe- mentality of the United States Government and encourage the appropriate adoption by ty Board is conducting an investigation re- on a reimbursable or other basis; other agencies and organizations, of the rec- lated to an investigation of a Team, the Na- ommendations of the Team with respect to— tional Transportation Safety Board inves- (3) confer with employees and request the (A) technical aspects of evacuation and tigation shall have priority over the Team use of services, records, and facilities of State and local governmental authorities; emergency response procedures; investigation. Such priority shall not other- (B) specific improvements to building wise affect the authority of the Team to con- (4) accept voluntary and uncompensated services; standards, codes, and practices; and tinue its investigation under this Act. (C) other actions needed to help prevent fu- (3) CRIMINAL ACTS.—If the Attorney Gen- (5) accept and use gifts of money and other ture building failures. eral, in consultation with the Director, de- property, to the extent provided in advance termines, and notifies the Director, that cir- in appropriations Acts; SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ANNUAL RE- cumstances reasonably indicate that the (6) make contracts with nonprofit entities to carry out studies related to purpose, func- PORT. building failure being investigated by a Not later than February 15 of each year, Team may have been caused by a criminal tions, and authorities of the Teams; and (7) provide nongovernmental members of the Director shall transmit to the Com- act, the Team shall relinquish investigative mittee on Science of the House of Represent- priority to the appropriate law enforcement the Team reasonable compensation for time spent carrying out activities under this Act. atives and to the Committee on Commerce, agency. The relinquishment of investigative Science, and Transportation of the Senate a priority by the Team shall not otherwise af- SEC. 7. DISCLOSURE OF INFORMATION. report that includes— fect the authority of the Team to continue (a) GENERAL RULE.—Except as otherwise (1) a summary of the investigations con- its investigation under this Act. provided in this section, a copy of a record, ducted by Teams during the prior fiscal year; RESERVATION OF EVIDENCE.—If a Fed- (4) P information, or investigation submitted or (2) a summary of recommendations made eral law enforcement agency suspects and received by a Team shall be made available by the Teams in reports issued under section notifies the Director that a building failure to the public on request and at reasonable 8 during the prior fiscal year and a descrip- being investigated by a Team under this Act cost. tion of the extent to which those rec- may have been caused by a criminal act, the (b) EXCEPTIONS.—Subsection (a) does not ommendations have been implemented; and Team, in consultation with the Federal law require the release of— (3) a description of the actions taken to enforcement agency, shall take necessary ac- (1) information described by section 552(b) improve building safety and structural integ- tions to ensure that evidence of the criminal of title 5, United States Code, or protected rity by the National Institute of Standards act is preserved. from disclosure by an other law of the and Technology during the prior fiscal year SEC. 5. BRIEFINGS, HEARINGS, WITNESSES, AND United States; or in response to reports issued under section 8. SUBPOENAS. (2) information described in subsection (a) SEC. 11. ADVISORY COMMITTEE. (a) GENERAL AUTHORITY.—The Director or by the National Institute of Standards and his designee, on behalf of a Team, may con- (a) ESTABLISHMENT AND FUNCTIONS.—The Technology or by a Team until the report re- Director, in consultation with the United duct hearings, administer oaths, and require, quired by section 8 is issued. by subpoena (pursuant to subsection (e)) and States Fire Administration and other appro- (c) PROTECTION OF VOLUNTARY SUBMISSION otherwise, necessary witnesses and evidence priate Federal agencies, shall establish an OF INFORMATION.—Notwithstanding any as necessary to carry out this Act. advisory committee to advise the Director other provision of law, a Team, the National (b) BRIEFINGS.—The Director or his des- on carrying out this Act and to review the ignee (who may be the leader or a member of Institute of Standards and Technology, and procedures developed under section 2(c)(1) a Team), on behalf of a Team, shall hold reg- any agency receiving information from a and the reports issued under section 8. ular public briefings on the status of inves- Team or the National Institute of Standards (b) ANNUAL REPORT.—On January 1 of each tigative proceedings and findings, including and Technology, shall not disclose volun- year, the advisory committee shall transmit a final briefing after the report required by tarily provided safety-related information if to the Committee on Science of the House of section 8 is issued. that information if that information is not Representatives and to the Committee on (c) PUBLIC HEARINGS.—During the course of directly related to the building failure being Commerce, Science, and Transportation of an investigation by a Team, the National In- investigated and the Director finds that the the Senate a report that includes— stitute of Standards and Technology may, if disclosure of the information would inhibit (1) an evaluation of Team activities, along the Director considers it to be in the public the voluntary provision of that type of infor- with recommendations to improve the oper- interest, hold a public hearing for the pur- mation. ation and effectiveness of Teams; and poses of— (d) PUBLIC SAFETY INFORMATION.—A Team (2) an assessment of the implementation of (1) gathering testimony from witnesses; and the National Institute of Standards and the recommendations of Teams and of the and Technology shall not publicly release any in- advisory committee. (2) informing the public on the progress of formation it receives in the course of an in- (c) DURATION OF ADVISORY COMMITTEE.— the investigation. vestigation under this Act if the Director Section 14 of the Federal Advisory Com- (d) PRODUCTION OF WITNESSES.—A witness finds that the disclosure of that information mittee Act shall not apply to the advisory or evidence in an investigation under this might jeopardize public safety. committee established under this section.

VerDate Sep 04 2002 05:43 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.080 S09PT1 September 9, 2002 CONGRESSIONAL RECORD — SENATE S8391 SEC. 12. ADDITIONAL APPLICABILITY. amount estimated to be collected in fiscal Those wishing to submit written The authorities and restrictions applicable year 2006 by the amount by which total fees statements on this subject should ad- under this Act to the Director and to Teams deposited to the Customs Commercial and dress them to the Committee on En- shall apply to the activities of the National Homeland Security Automation Account ergy and Natural Resources, ATTN: Institute of Standards and Technology in re- during fiscal years 2003, 2004, and 2005 exceed sponse to the attacks of September 11, 2001. total appropriations from that Account.’’. Jonathan Black, 364 Dirksen Senate Of- SEC. 13. AMENDMENT. (2) ADVISORY COMMITTEE ON COMMERCIAL OP- fice Building, Washington, D.C., 20510. Section 7 of the National Bureau of Stand- ERATIONS OF THE UNITED STATES CUSTOMS For further information, please call ards Authorization Act for Fiscal Year 1986 SERVICE.—Section 9503(c) of the Omnibus Jennifer Michael on 4–7143 or Jonathan (15 U.S.C. 281a) is amended by inserting ‘‘, or Budget Reconciliation Act of 1987 (Public Black on 4–6722. from an investigation under the National Law 100–203; 19 U.S.C. 2071 note) is amended— f Construction Safety Team Act,’’ after ‘‘from (A) in paragraph (1), by inserting ‘‘in con- such investigation’’. sultation with the Secretary of Homeland AUTHORITY FOR COMMITTEES TO SEC. 14. CONSTRUCTION. Security’’ after ‘‘Secretary of the Treasury’’; MEET Nothing in this Act shall be construed to (B) in paragraph (2)(A), by inserting ‘‘in SUBCOMMITTEE ON SURFACE TRANSPORTATION confer any authority on the National Insti- consultation with the Secretary of Homeland AND MERCHANT MARINE tute of Standards and Technology to require Security’’ after ‘‘Secretary of the Treasury’’; the adoption of building standards, codes, or (C) in paragraph (3)(A), by inserting ‘‘and Mr. LIEBERMAN. Mr. President, I practices. the Secretary of Homeland Security’’ after ask unanimous consent that the Sub- SEC. 15. AUTHORIZATION OF APPROPRIATIONS. ‘‘Secretary of the Treasury’’; and committee on Surface Transportation The National Institute of Standards and (D) in paragraph (4)— and Merchant Marine and the Sub- Technology is authorized to use funds other- (i) by inserting ‘‘and the Under Secretary committee on Transportation, Infra- wise authorized by law to carry out this Act. of Homeland Security for Border and Trans- portation’’ after ‘‘for Enforcement’’; and structure and Nuclear Safety be au- thorized to meet on September 9, 2002, Mr. BAUCUS (for himself (ii) by inserting ‘‘jointly’’ after ‘‘shall pre- SA 4515. at 2:30 p.m. on freight and intermodal and Mr. GRASSLEY) submitted an side’’. transportation. amendment intended to be proposed to (3) CONFORMING AMENDMENT.—Section 311(b) of the Customs Border Security Act of The PRESIDING OFFICER. Without amendment SA 4471 proposed by Mr. 2002 (Public Law 107–210) is amended by objection, it is so ordered. LIEBERMAN to the bill H.R. 5005, to es- striking paragraph (2). tablish the Department of Homeland COMMITTEE ON TRANSPORTATION f INFRASTRUCTURE, AND NUCLEAR SAFETY Security, and for other purposes; which was ordered to lie on the table; as fol- NOTICES OF HEARINGS/MEETINGS Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the Com- lows: COMMITTEE ON ENERGY AND NATURAL mittee on Environment and Public Section 131 is amended by adding at the RESOURCES Works, Subcommittee on Transpor- end the following: Mr. BINGAMAN. Mr. President, I tation, infrastructure, and Nuclear (f) CONTINUATION OF CERTAIN FUNCTIONS OF would like to announce for the infor- Safety be authorized to meet jointly THE CUSTOMS SERVICE.— mation of the Senate and the public (1) IN GENERAL.— with the Subcommittee on Surface that a Committee hearing has been (A) PRESERVATION OF CUSTOMS FUNDS.— Transportation and Merchant Marine scheduled before the Committee on En- Notwithstanding any other provision of this of the Committee on Commerce, ergy and Natural Resources. Act, no funds available to the United States Science, and Transportation on Mon- The hearing will take place on Tues- Customs Service or collected under para- day, September 9, 2002, at 2:30 p.m. to graphs (1) through (8) of section 13031(a) of day, September 17, at 9:30 a.m. in Dirk- conduct a hearing to receive testimony the Consolidated Omnibus Budget Reconcili- sen 366. ation Act of 1985 (19 U.S.C. 58c(a)(1) through The Committee will conduct an over- on freight and transportation issues. (8)) may be transferred for use by any other sight hearing on the Federal Energy The hearing will be held in SR–253. agency or office in the Department. Regulatory Commission’s Notice of The PRESIDING OFFICER. Without (B) CUSTOMS AUTOMATION.—Section 13031(f) objection, it is so ordered. of the Consolidated Omnibus Budget Rec- Proposed Rulemaking Remedying f onciliation Act of 1985 (19 U.S.C. 58c(f)) is Undue Discrimination through Open amended— Access Transmission Service and NATIONAL CONSTRUCTION SAFETY (i) in paragraph (1), by striking subpara- Standard Electricity Market Design, TEAM ACT graph (B) and inserting the following: issued July 31. Mr. REID. Madam President, I ask ‘‘(B) amounts deposited into the Customs Those wishing to submit written unanimous consent that the Senate Commercial and Homeland Security Auto- statements on this subject should ad- proceed to the consideration of Cal- mation Account under paragraph (5).’’; dress them to the Committee on En- (ii) in paragraph (4), by striking ‘‘(other endar No. 510, H.R. 4687. ergy and Natural Resources, Attn: Jon- than the excess fees determined by the Sec- The PRESIDING OFFICER. The athan Black, United States Senate, retary under paragraph (5))’’; and clerk will report the bill by title. (iii) by striking paragraph (5) and inserting Dirksen 364, Washington, D.C. 20510. the following: For further information, please call A bill (H.R. 4687) to provide for the estab- ‘‘(5)(A) There is created within the general Leon Lowery at 202/224–2209 or Jona- lishment of investigative teams to assess building performance and emergency re- fund of the Treasury a separate account that than Black at 202/224–6722. shall be known as the ‘Customs Commercial sponse and evacuation procedures in the COMMITTEE ON ENERGY AND NATURAL and Homeland Security Automation Ac- wake of any building failure that has re- RESOURCES count’. In each of fiscal years 2003, 2004, and sulted in substantial loss of life or that posed 2005 there shall be deposited into the Ac- Mr. BINGAMAN. Mr. President, I significant potential of substantial loss of count from fees collected under subsection would like to announce for the infor- life. (a)(9)(A), $350,000,000. mation of the Senate and the public There being no objection, the Senate ‘‘(B) There is authorized to be appropriated that a Committee hearing has been proceeded to consider the bill. from the Customs Commercial and Home- scheduled before the Committee on En- Mr. HOLLINGS. Madam President, land Security Automation Account for each ergy and Natural Resources. today the Senate will consider H.R. of fiscal years 2003 through 2005 such amounts as are available in that Account for The hearing will take place on 4687, the National Construction Safety the development, establishment, and imple- Wednesday, September 18, at 9:30 a.m. Team Act. The Senate companion, S. mentation of the Automated Commercial in SD–366. 2496, was introduced by Senators CLIN- Environment computer system for the proc- The purpose of the hearing is to re- TON, SCHUMER, LIEBERMAN, and DODD, essing of merchandise that is entered or re- ceive testimony concerning the effec- and is currently pending before the leased and for other purposes related to the tiveness and sustainability of U.S. Senate Committee on Commerce, functions of the Department of Homeland technology transfer programs for en- Science, and Transportation, which I Security. Amounts appropriated pursuant to ergy efficiency, nuclear, fossil and re- chair. this subparagraph are authorized to remain available until expended. newable energy; and to identify nec- At the urging of our colleagues, par- ‘‘(C) In adjusting the fee imposed by sub- essary changes to those programs to ticularly Senator CLINTON, the com- section (a)(9)(A) for fiscal year 2006, the Sec- support U.S. competitiveness in the mittee has agreed to move the House retary of the Treasury shall reduce the global marketplace. version of the legislation in the hopes

VerDate Sep 04 2002 04:06 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A09SE6.084 S09PT1 S8392 CONGRESSIONAL RECORD — SENATE September 9, 2002 that action on this bill might be com- views would also be included in that re- ORDERS FOR TUESDAY, pleted by September 11. The committee port. I believe that is the committee’s SEPTEMBER 10, 2002 has worked to accommodate those re- intent. Mr. REID. Madam President, I ask quests to move this bill. In that effort, Mr. HOLLINGS. The ranking member unanimous consent that when the Sen- the committee has made some changes is correct. While it is our hope that ate completes its business today, it ad- to the bill to clarify its purpose and to teams would be able to issue a con- journ until the hour of 9:30 a.m., Tues- address some technical issues. sensus report, the committee urges the day, September 10; that following the The National Construction Safety Director of the National Institute of Team Act would provide for the estab- prayer and pledge, the Journal of pro- Standards and Technology, when set- ceedings be approved to date, the lishment of investigative teams to as- ting the procedures to govern construc- sess building performance and emer- morning hour be deemed expired, the tion safety teams, to ensure that any time for the two leaders be reserved for gency response and evacuation proce- such minority or dissenting views are dures in the wake of any building fail- their use later in the day, and the Sen- included in any report. ate resume consideration of the Inte- ure that has resulted in substantial Mr. MCCAIN. I would also like to rior Appropriations Act under the pre- loss of life. The bill seeks to address clarify an issue regarding the composi- vious order. Further, that the Senate several problems identified as a result tion of a safety team. It seems appro- recess from 12:30 to 2:15 p.m. for the of the collapse of the World Trade Cen- priate to permit employees of Federal weekly partly conferences, and at 2:15 ter Towers. For example, no Federal agencies to serve as members of con- p.m. the Senate resume consideration agency is clearly charged with inves- struction safety teams. And certainly of the Homeland Security Act. tigating building failures. The bill in the event that a construction safety The PRESIDING OFFICER. Without would solve this problem by giving the team investigates the collapse of a objection, it is so ordered. National Institute of Standards and Federal building, a representative from Technology, NIST, clear responsibility the General Services Administration f to handle such investigations. Further, should be included on the team. there are currently no guarantees that Mr. HOLLINGS. I agree that is the investigations will begin quickly committee’s intent. I thank Senator PROGRAM enough to preserve valuable evidence. MCCAIN once again for his cooperation Mr. REID. Madam President, the The bill would require NIST to act in this matter and urge the Senate to next rollcall vote will occur at about within 48 hours of a building failure. In pass this legislation, as amended. 10:30 tomorrow morning in relation to addition, no Federal agency has the in- AMENDMENT NO. 4514 the Daschle second-degree amendment vestigative authority needed to ensure (Purpose: To provide for the establishment of regarding agricultural disaster assist- access to a building’s structural infor- investigative teams to assess building per- ance, and this will be an amendment mation. Therefore, the bill would pro- formance and emergency response and that is considered on the Interior Ap- vide to NIST clear authority to enter evacuation procedures in the wake of any propriations Act. sites, access documents, test materials, building failure that has resulted in sub- and move evidence, as well as clear au- stantial loss of life or that posed signifi- f thority to issue subpoenas. Finally, cant potential of substantial loss of life) Mr. REID. Senator HOLLINGS has a there is no mechanism for keeping the ADJOURNMENT UNTIL 9:30 A.M. substitute amendment at the desk. I public informed of the progress of an TOMORROW investigation. The bill would require ask unanimous consent that the NIST to provide regular public brief- amendment be considered and agreed Mr. REID. There being no further ings and to make public its findings to; the motion to reconsider be laid business to come before the Senate, I and the materials that led to those upon the table; the bill, as amended, be ask unanimous consent that the Sen- findings. read the third time and passed; the mo- ate stand in adjournment under the I would like to enter into a discus- tion to reconsider be laid upon the previous order. sion with my friend Senator MCCAIN, table; and that any statements and col- There being no objection, the Senate, the ranking member of the committee, loquies relating to this matter be at 6:34 p.m., adjourned until Tuesday, regarding the provisions in the bill re- printed in the RECORD, with no inter- September 10, 2002, at 9:30 a.m. lating to a construction safety team’s vening action or debate. final report and membership. The PRESIDING OFFICER. Without f Mr. MCCAIN. I thank the chairman of objection, it is so ordered. the Commerce Committee. When a con- The amendment (No. 4514) was agreed CONFIRMATION struction safety team issues its report to. Executive nomination confirmed by on the likely technical cause for build- (The text of the amendment is print- the Senate September 9, 2002: ing failure, along with recommenda- ed in today’s RECORD under ‘‘Text of THE JUDICIARY tions under Section 8 of this legisla- Amendments.’’) The bill (H.R. 4687), as amended, was KENNETH A. MARRA, OF FLORIDA, TO BE UNITED tion, it is my understanding that any STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT strongly held minority or dissenting read the third time and passed. OF FLORIDA.

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PERSONAL EXPLANATION officers to develop news releases, fact sheets, Board of Directors, during a pivotal point in its and interviews with key media. Mr. Wright, history, Mal led the efforts to save and en- HON. ROBERT E. ANDREWS through his enduring hard work, unwavering hance the New Haven Public Library—which attention to detail and diligence in promoting has ensured the library’s continued success OF NEW JERSEY Departmental ideals, portrays a public informa- today. Mal also served as the Director of both IN THE HOUSE OF REPRESENTATIVES tion specialist that others can emulate. the Connecticut Jewish Community Relations Monday, September 9, 2002 For his service which has earned him De- Council and Anti-Defamation League during partmental commendation as well as his co- the times of the Civil Rights Movement—a tu- Mr. ANDREWS. Mr. Speaker, I was unable workers’ respect, I recognize Mr. John Edward multuous time throughout the nation. to be present for votes on September 5, 2002 Wright. Using his unique position in these two orga- because I was taking my kids to their first day nizations, Mal worked diligently with clergy, f of school. political, and community leaders to sustain the Had I been present, I would have voted in RAE AND MAL WEBBER CELE- relationship between our Jewish community favor of H.R. 4727, the Dam Safety and Secu- BRATE THEIR 60th WEDDING AN- and the Greater New Haven community as a rity Act of 2002, and also in favor of H. Res. NIVERSARY whole. 94, honoring the contributions of Venus and Today, as they celebrate their lifetime to- Serena Williams. HON. ROSA L. DeLAURO gether, we, as a community, extend our deep- f est thanks and appreciation for all that they OF CONNECTICUT have done to enrich our lives. I am proud to TRIBUTE TO JOHN EDWARD IN THE HOUSE OF REPRESENTATIVES join their children, Susan, Henry, and Bruce, WRIGHT Monday, September 9, 2002 family, friends and community members in congratulating them on this very special occa- Ms. DeLAURO. Mr. Speaker, it gives me sion and extending my very best wishes for HON. LINDSEY O. GRAHAM great pleasure to rise today to join the many many more years of health and happiness. OF SOUTH CAROLINA family and friends who have gathered to con- IN THE HOUSE OF REPRESENTATIVES gratulate Rae and Mal Webber of New Haven, f Monday, September 9, 2002 Connecticut as they celebrate their 60th wed- TRIBUTE TO MARIE HOLINSWORTH ding anniversary. Throughout their six dec- Mr. GRAHAM. Mr. Speaker, I rise today to ades together, Rae and Mal have dedicated recognize John Edward Wright, originally from much of themselves to enriching our commu- HON. SANDER M. LEVIN Aiken, South Carolina. Mr. Wright was recently nity—bringing the generosity and compassion OF MICHIGAN awarded a citation for distinguished service they have shared together to us all. IN THE HOUSE OF REPRESENTATIVES from the Secretary of the Interior for his out- It is not often that you find individuals who Monday, September 9, 2002 standing contributions in the field of public af- so willingly volunteer their time and efforts on Mr. LEVIN. Mr. Speaker, during my service fairs for the Office of the Secretary. behalf of their communities. Rae and Mal have as a Member of the House of Representa- Mr. Wright is the Senior Public Information a rich history of advocacy and unparalleled tives, it has been my honor and privilege to Officer in the Secretary’s Office of Commu- commitment—their unwavering spirit changing rise and pay tribute to organizations and peo- nications, where he is held in high esteem and the face of Greater New Haven. I have often ple who really make a difference in the Michi- is respected for his media relations expertise, had the pleasure of working with both Rae gan community. Today I rise to recognize institutional knowledge, and familiarity with the and Mal and am continually inspired by their Marie Holinsworth, Legislative Chair for the key issues confronting the Department of Inte- devotion and dedication to our community. Veterans of Foreign Wars Post 2358 Ladies rior. I have often spoke of our nation’s need for Auxiliary in Roseville, Michigan. As Senior Public Information Officer, he pro- talented, creative educators ready to help our As Legislative Chair, Mrs. Holinsworth has vides expert public affairs counsel to the Sec- children learn and grow. Committing a lifetime been a tireless advocate for the VFW’s ‘‘Pri- retary, Deputy Secretary and Director of Com- of work to our young people, Rae exemplified ority Goals.’’ No veterans’ subject is insignifi- munications. In addition, departmental commu- this ideal as an educator. Throughout her ca- cant to Mrs. Holinsworth. With her quiet nications managers rely upon Mr. Wright for reer, she touched the lives of thousands of strength and customary eloquence, Mrs. guidance and direction regarding public affairs children, ensuring that they were prepared Holinsworth’s letters to my office express a messages and strategies. with the skills and knowledge they needed to comprehensive understanding of the issues Mr. Wright has also fostered important work- pursue their dreams. In addition to her profes- and clearly set forth the agenda the Ladies ing relationships with reporters in the national sional career, Rae volunteered much of her Auxiliary is pursuing. media. He has a reputation for his responsive- time to community organizations. Through her At the recent Michigan VFW State Conven- ness and willingness to go the extra mile to efforts on behalf of the League of Women Vot- tion, Mrs. Holinsworth was recognized for her meet media deadlines. Earlier this year during ers, a non-partisan, non-profit organization legislative duties by being the recipient of two the Department of Interior’s unveiling of the that encourages the informed and active par- top awards. The first was the ‘‘Most Out- Competitive Sourcing program, Mr. Wright ticipation of citizens in government, Rae standing Promotion of the Legislative Pro- worked closely with the Office of Policy, Man- helped many Connecticut residents find ways gram’’ for her efforts in writing letters, working agement, and Budget was responsible for all to make their voices heard. Rae was also ac- at polls and meeting with candidates and leg- media relations planning and execution. With tive in the coordination of the communal serv- islators. This distinction was enhanced by the his guidance, the launch of this plan in the ice held at the Immanuel Baptist Church on announcement that she also won the award media was an outstanding success, gener- Martin Luther King Day. Her contributions, as for the ‘‘Best Promotion of Priority and Secu- ating accurate and positive media coverage. a professional and community member, have rity Goals,’’ placing first among over two-hun- Most recently, Mr. Wright has been the lead truly made a difference in the lives of many. dred and fifty Auxiliaries in the state of Michi- for the public affairs office in the Office of the A vocal public advocate, Mal’s efforts on be- gan. Secretary for implementation of media out- half of New Haven’s Jewish community and Mr. Speaker, I applaud Mrs. Holinsworth for reach and communications related to the De- the Greater New Haven area, have left an in- the wonderful work that she has done for the partment of Interior/USDA National Fire Plan. delible mark that will not forgot. Education and Ladies Auxiliary, and heartily congratulate her In this capacity, Mr. Wright has worked effec- the gift of knowledge were a central focal point on winning the awards which she so richly de- tively with federal and state communications of Mal’s incredible work. As Chairman of the serves.

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

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\E09PT1.SGM E09PT1 E1524 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2002 TRIBUTE TO DAN B. WALDEN ment check each month from his former em- ENVIRONMENTAL ACTIVISTS ployer. We do not feel it is just that Title 5 and MUST STOP BLOCKING SENSIBLE HON. ELLEN O. TAUSCHER Title 38 physicians should have received this WILDFIRE PREVENTION EF- OF CALIFORNIA benefit while military physicians do not. Our FORTS IN THE HOUSE OF REPRESENTATIVES bill does not create any unique benefit; it only Monday, September 9, 2002 allows Title 37 military physicians to receive HON. DOUG BEREUTER the same benefit that other Federal physicians OF NEBRASKA Mrs. TAUSCHER. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES receive. to honor a very special citizen in my district. Monday, September 9, 2002 Dan B. Walden has provided continuous ef- In addition to the fairness issue, it is also a forts on behalf of children and education matter of good policy. The government cannot Mr. BEREUTER. Mr. Speaker, this Member commends to his colleagues the following edi- throughout his community and throughout the pay physicians on the same scale as physi- state of California. Dan Walden graduated torial from the August 3, 2002, Norfolk Daily cians employed in hospitals, HMOs, and uni- News. The editorial emphasizes the need for from the University of California at Berkeley versities. Consequently, enhancing the bene- with a bachelor’s degree in economics. For proper forest management in order to prevent fits of our military physicians is an essential the past 33 years he has worked at Bank of disastrous wildfires. Unfortunately, as the edi- way to retain our best doctors. Passage of this America in industrial engineering, manage- torial indicates, all too often sensible manage- ment, planning and project management. He bill would help offset the loss of income for ment plans designed to reduce wildfire threats has recently retired. Dan Walden has served Federal physicians if they choose to remain a have been delayed or defeated by environ- as a school board member in Walnut Creek public servant. This important legislation helps mental activists. since 1988, serving as president in both 1994 ensure that the government can recruit and re- [From the Norfolk (NE) Daily News, Aug. 3, and 1995. Along with this he was extremely tain highly trained and well-qualified physi- 2002] active in the Contra Costa County School cians and I urge my colleagues to support it. ACTIVISTS HAVE TO SHARE BLAME Boards, as its president in 1991 and 1996. Not The extreme environmental groups ac- cused of contributing to the wildfires in the only has he served his community, but the en- f tire State of California as well. Dan Walden West this year are scrambling like mad to say it wasn’t their fault. But as a recent re- was a member of the California School Boards IN COMMEMORATION OF THE port shows, they in fact have a lot to answer Association’s Delegate Assembly since 1991. PLACER HERALD’S 150TH ANNI- for: He has also served on numerous association VERSARY The report comes from the U.S. Forest committees. He served as chair of the CSBA Service, and as press accounts note, it shows Legislative Committee and Schools and Media that administrative appeals delayed almost Crisis Communications Task Force. Dan Wal- HON. JOHN T. DOOLITTLE half of 326 projects last year that were aimed den has also served as chair of the Annual at lowering the wildfire threat through the OF CALIFORNIA hacking away of underbrush and small trees. Education Conference Planning Committee in Those making the appeals, of course, were 1997. His desire to help did not stay in Cali- IN THE HOUSE OF REPRESENTATIVES more often than not environmental groups. fornia as he has participated on the National In response, the environmental groups School Boards Association’s Policies and Res- Monday, September 9, 2002 maintain that what they’re actually doing is trying to save the forests from the awful, olutions Committee and the NSBA Pacific Re- Mr. DOOLITTLE. Mr. Speaker, today I wish gion Bylaws and Regional Nominating Com- dreadful timber industry, as if anytime the to recognize the 150th Anniversary of my mittees. Apart from the School Boards Asso- timber industry profits, life on this planet has somehow worsened. It’s true that remov- ciations he has also been active in community hometown newspaper, the Placer Herald, which traces its roots to the first printing press ing the biggest and oldest trees does not initiatives including the Contra Costa County serve fire-prevention purposes, but that’s not Partners in Education, Project R.E.A.D. and used in California. what the projects aimed to do. And mean- the Walnut Creek Library Foundation, which On September 11, 1852, the first edition of while, it’s also true that the preferred solu- he served as its first president. Dan Walden is the Placer Herald was published for 25 cents tion of environmental activists—controlled now the outgoing President of the California burns—is often no solution at all. per copy in Auburn, California, not far from The problem with controlled burns, in ad- School Boards Association for the 2002 year. where gold had been discovered a few years I am very grateful for all of the hard work that dition to being extraordinarily expensive, is earlier. Established by Tabb Mitchell, Richard that the unwise suppression of natural fires Dan Walden has done in our community, the over many decades has led to a buildup of State of California and our country. Rust, and John McElroy to serve the mining community in the foothills of the Sierra Ne- what wildfires like to feed on, namely all f that underbrush and all those small trees. vada, the newspaper was housed in a plain, The consequence is that the burns cannot THE MILITARY PHYSICIAN EQUITY board-sided storefront office. As an interesting be controlled, as was amply illustrated two ACT historical note, the paper was printed on Cali- years ago when one such attempt destroyed fornia’s very first printing press—the one that 200 homes in Los Alamos, N.M. That burn was also mismanaged, but there are fewer HON. CONSTANCE A. MORELLA Sam Brannan had brought to publish The Cali- and fewer stretches of forest where even the OF MARYLAND fornia Star. best management can be assured of keeping IN THE HOUSE OF REPRESENTATIVES In 1892, a new, two-story brick building such burns from getting out of hand. Monday, September 9, 2002 Thinning the forests mechanically is not measuring 30 feet by 75 feet was erected on only safe and effective and good for the fu- Mrs. MORELLA. Mr. Speaker, I rise today to the site of the Placer Herald’s original head- ture grandeur of the forests, but not nearly urge support for the Military Physician Equity quarters. After changing hands many times so expensive, because the timber industry Act. This legislation will level the playing field helps foot the bill. over the subsequent years, new owners Delays in the process have to stop if we are for Uniformed Services (Title 37) physicians so moved the paper in 1963 to Rocklin, Cali- that they have the option of receiving the not to see many repeat performances for this fornia, where it continues to be published. year’s destruction. same annuities as civil service physicians (NIH, HHS etc.) and Veterans Affairs (VA) I wish to commend the modern Placer Her- f physicians. ald for its ongoing service to the people of TRIBUTE TO JOHN B. BEAUDOIN Currently, civil service physicians (Title 5) Rocklin and neighboring communities. For 150 and VA physicians (Title 38) are allowed to years, it has maintained its heritage of report- HON. JOHN E. SWEENEY have their recruitment/retention bonuses ing local news to a segment of California’s OF NEW YORK counted as part of their ‘‘high-three’’ for pur- Gold Country. The newspaper serves a valu- IN THE HOUSE OF REPRESENTATIVES poses of determining their retirement annuity. able purpose by both reflecting and shaping The ‘‘high-three’’ is the system whereby one’s Monday, September 9, 2002 the community it serves. As we celebrate the highest three consecutive salaries are used to Mr. SWEENEY. Mr. Speaker, I rise today to Placer Herald’s sesquicentennial, let me add determine an annuity. By allowing for recruit- bring to your attention an outstanding indi- ment/retention bonuses to be counted as my wishes that the newspaper will flourish for vidual, John B. Beaudoin. Mr. Beaudoin has one’s salary, a retiree receives a bigger retire- another century and a half! been chosen as the 2002 recipient of the

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\E09PT1.SGM E09PT1 September 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1525 Frank W. Kennedy Memorial Award. During provide children and their families with nec- Marcia Robinson Lowry, the New York- the 1960s, Frank Kennedy served with distinc- essary services and safeguards. based lead counsel in the class-action suit tion as the president of the Board of Directors The circumstances described in these re- against the District, said yesterday that she has asked the agency’s court-appointed mon- of the Lansingburgh Boys & Girls Club. This ports underscore the need for lawmakers, itor to investigate the recent incidents. award, named in his honor, is given to a mem- practitioners, and advocates to work together ‘‘We had been focusing on children 6 and ber of the community that embodies the char- without delay to reform the child welfare sys- under, but it is clear that the problem is well acteristics of Frank Kennedy—integrity, gen- tem and to review the enforcement and imple- beyond that and that children under 12 erosity, and loyalty to the community. mentation of our foster care laws without fur- should not be in group home facilities,’’ The 2002 recipient of this award, Mr. ther delay. Lowry said. Beaudoin, is a graduate of Syracuse Univer- The article follows: In the latest abuse case, a police report ob- sity with a masters in social work and, for the tained by The Washington Post indicates [From the Washington Post, Aug. 1, 2002] that during an April 9 bed check at the group last 34 years, has been working for the D.C. SPEEDS GROUP HOME CHANGE; MOVE home, in the 800 block of Floral Place NW, Rensselaer County Commissioner of Social FOLLOWS NEW REPORT OF ASSAULTS ON BOYS staff members observed the 15-year-old run- Services. With his unparalleled concern for The director of the District’s child welfare ning out of the two younger boys’ bedroom youth and the elderly, John Beaudoin has agency yesterday ordered her staff to speed with his pajama pants open. used his role in the Department of Social up the removal of children under 12 from fos- The 11-year-old told the staff that the Services to improve conditions within his com- ter group homes, as officials learned of an- older boy had touched him on the buttocks, munity. He has developed various services other unreported case of alleged sexual abuse according to the police report, The report states that when a detective involving youths at one of the privately run such as homeless shelters, day care initia- went to investigate on July 2, the boy said facilities. tives, and dealt with child protective issues, to he had been forced to perform oral sex on the The agency acknowledged yesterday that name just a few of his accomplishments. 15-year-old. The boy’s roommate corrobo- it did not remove an 11-year-old mentally re- John Beaudoin has distinguished himself rated the account and said his penis was tarded boy from one of the homes until near- grabbed by the teenager on the same night. within the Department of Social Services, as ly three months after he reported being sexu- The 11-year-old ‘‘stated that this has oc- well as the many affiliated organizations he ally abused by a 15-year-old resident. curred several times and each time he has re- has worked with. John has developed numer- A city social worker learned of the April 9 ported it to the staff of the group home,’’ the ous programs to serve every facet of the com- incident shortly after it occurred but did not police report said, munity and is certainly deserving of this report it until July 2, city officials said. Po- Moderate mental retardation has been di- award. lice then interviewed the I 1-year-old and his agnosed in all three boys. The 11- year-old is Mr. Speaker, it is a privilege for me to join 12-year-old roommate, who also reported living temporarily with his family while with the Lansingburgh Boys & Girls Club in being sexually assaulted, and removed them awaiting an alternative placement, and the from the home. The alleged perpetrator is honoring John Beaudoin. I am sure that 12-year-old has been placed with a foster still at the facility. family. John’s admirable efforts on behalf of the local The case is the latest in a string of such in- community will continue well into the future. The group home is run by a nonprofit con- cidents that were not promptly reported to tractor, Community Multi Services Inc. It f authorities. Last week, city officials said operates five homes that serve up to 18 men- that a 7-year-old boy was sodomized by two CONTINUING CRISIS IN FOSTER tally retarded foster children, as well as 12-year-olds at another group home in April seven care facilities and 15 apartments for CARE and that the home’s staff did not report the adults with developmental disabilities. It is abuse until two days later. This week, offi- paid nearly $3,500 a month for each foster HON. GEORGE MILLER cials said that home also failed to tell gov- child. ernment monitors about a 1999 abuse inci- Constance A. Reese, the contractor’s pro- OF CALIFORNIA dent. gram director, said her staff interviewed the IN THE HOUSE OF REPRESENTATIVES The D.C. Child and Family Services Agen- three boys and had them seen by a doctor Monday, September 9, 2002 cy announced yesterday that it has strength- but determined that ‘‘nothing took place ened its procedures on the reporting of abuse with these children.’’ She said the staff noti- Mr. GEORGE MILLER of California. Mr. and that it will refer for prosecution any fied the three boys’ social workers and sent Speaker, there is a crisis affecting the 500,000 caregiver or employee who fails to make an incident report to a government monitor. children in foster care in this country. Day such a report. Mindy L. Good, a spokeswoman for the after day, there are reported cases of sexual More than 400 District foster children are child welfare agency, said that the 15-year- abuse, neglect, and even death of foster chil- in congregate care, as group homes and other old boy’s social worker learned of the inci- dren, all while under the care of the state child institutions are called, and the agency’s pol- dent April 10 but ‘‘completely failed to re- icy is to limit the facilities’ use to older welfare agencies. Social workers remove chil- port this until July.’’ The social worker, Em- children and those with special medical manuel K. Baah, called the agency’s abuse dren from their homes because of abuse and/ needs. and neglect hotline in July after his super- or neglect. Yet neither safety nor stability is Yesterday, Olivia A. Golden, the agency’s visor ordered him to do so, Good said. The ensured by child protective services interven- director, ordered an inventory to determine hotline staff then contacted the police. tions. how many group home residents are younger Good said Baah violated agency policy on In the following article, The Washington than 12. She ordered her staff to review those the reporting of abuse by not immediately Post reports that a 7-year-old boy, a ward of cases and prioritize the children for place- calling the hotline or informing his super- the District’s Child and Family Services Agen- ment with foster families or relatives or for visor. She said that the actions of the group reunification with birth parents. A key hur- cy, was warehoused in a group home for older home, the monitor and the social workers for dle to that effort, however, is a shortage of the two younger boys also are being re- foster children, where 12-year-old boys later foster families, especially families who are viewed. admitted to sodomizing him. Additionally, offi- trained to offer therapeutic services for chil- Baah, who has worked for the city since cials confirmed that other boys were sexually dren with intensive needs. 1992, said he received a dismissal letter from abused at that facility and at a separate group Golden’s order comes one year after the the agency yesterday. He said the group home for mentally retarded foster children. agency emerged from six years of federal home told him about the incident April 18, But severe problems in the foster care sys- court control, the legacy of a 1989 lawsuit right before he went on a six week vacation. tem exist in many states and jurisdictions be- filed over poor conditions in the child wel- He said he did not call the hotline because fare system. The agency is trying to improve yond Washington D.C. Articles and reports group home employees were reviewing the its regulation of private foster care institu- alleged abuse and ‘‘because they were not that I will provide in subsequent extensions tions, which have never been licensed be- sure whether it was substantiated or not.’’ document how children in foster homes, chil- cause the city failed for 15 years to imple- For years, city law has required health dren’s shelters, and group homes are some- ment a 1986 licensure law. care providers, law enforcement officers, times subject to even greater abuse as a re- ‘‘We knew we were coming into a situation educators and social service and day-care sult of those placements. where congregate care was substantially workers to immediately report suspected A strong federal law passed in 1980 estab- overused, and we knew that group home pro- child abuse or neglect to the police or the lishes tough accountability standards to pro- viders did not have enough resources and child welfare agency. staff,’’ said Golden, who took over the agen- Group home regulations that took effect in tect children in foster care. It is evident that cy in June 2001. September require any staff member who there has not been sufficient oversight at the Golden said she was ‘‘surprised and sad- knows of possible abuse or neglect to call the state or federal level, and that billions of dol- dened’’ by the severity of unreported abuse. hotline immediately and submit a written lars are being spent, often in violation of fed- ‘‘The fact that we’re still having tragedies is report within 24 hours to the child’s social eral law, to perpetuate a system that falls to what we have to change,’’ she said. worker and the child welfare agency.

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\E09PT1.SGM E09PT1 E1526 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2002 But in February, the agency sent a letter cate the community on LGBT people and pro- victims’ lives, symbolized by the flickering to foster care institutions indicating that vide systems of support for LGBT people. Sabbath lights, is within reach in spite of staff should make oral reports to social Spectrum’s Speakers Bureau makes presen- history’s harsh winds. Hope that glorious workers during business hours and to the Israel reborn, the surviving remnant facing hotline during evenings and weekends. Yes- tations to elementary, middle and high continued trials and tribulations, will ever terday, the agency said that the 24-hour hot- schools, colleges and community groups. Vol- be a fitting testimony to its martyred peo- line, 202–671—SAFE, should always be used. unteer speakers share their personal stories to ple’s inspiring bequest of prophetic values In addition, the agency said it will refer dispel myths and stereotypes about LGBT and undying faith. Hope filled with lasting violations of the reporting requirements for people. Spectrum’s program, Rainbow’s End, gratitude that the United States of America, prosecution and push for an increase in the provides support for LGBT and questioning home and haven to the persecuted and op- penalties for violators. Currently, failure to youth, 14–19 years old. Community Connec- pressed, a weary humanity’s best and last report abuse or neglect is punishable by a tions focuses on LGBT seniors providing peer beacon of light, will retain its great plural- fine of up to $100 or imprisonment for up to istic vision. It valiantly defeated Nazism and 30 days. support, facilitating social groups and edu- it will win as well its war on global ter- Staff researchers Bobbye Pratt and Karl cational forums. rorism. Evanzz contributed to this report. Mr. Speaker, Spectrum has played a pivotal Our heroic survivors, rescuers and lib- role in the LGBT community. The support they erators have entered portals not one else f provide to LGBT people and the education has, a land only they traversed, leaving be- A PROCLAMATION RECOGNIZING they provide to the public has had an ever- hind lost dear ones safe from hurt and humil- JONATHAN W. WEISS lasting effect on Marin County. iation under the Shechina’s broken wings. They dared remember, recall and retell for f HON. ROBERT W. NEY memory empowers the living and is the COMMENDING THE PUBLICATION dead’s lasting memorial. Rebuilding and OF OHIO OF ‘‘TO LIFE: STORIES OF COUR- healing their lives in Hampton Roads, the IN THE HOUSE OF REPRESENTATIVES AGE AND SURVIVAL TOLD BY survivors along with their children and Monday, September 9, 2002 grandchildren provide us with indelible past HAMPTON ROADS HOLOCAUST and present lessons of perseverance, purpose Mr. NEY. Mr. Speaker, Whereas, Jonathan SURVIVORS LIBERATORS AND and promise. The treasured candles of their Weiss has devoted himself to serving others RESCUERS’’ cherished lives will brightly shine, eternal through his membership in the Boy Scouts of watch and witness, kindling a path for America; and HON. J. RANDY FORBES shalom’s blessing to yes highlight a global Whereas, Jonathan Weiss has shared his community at harmonious peace. OF VIRGINIA time and talent with the community in which Mr. Speaker, I commend this important pub- IN THE HOUSE OF REPRESENTATIVES he resides; and lication to all Members of the House of Rep- Whereas, Jonathan Weiss has dem- Monday, September 9, 2002 resentatives. The stories of Holocaust sur- onstrated a commitment to meet challenges Mr. FORBES. Mr. Speaker, I rise to call at- vivors must be documented and told again with enthusiasm, confidence and outstanding tention to the publication of ‘‘To Life: Stories of and again. In doing so, we will ensure that service; and Courage and Survival as told by Hampton such inhumane horror will remain present for- Whereas, Jonathan Weiss must be com- Roads Holocaust Survivors, Liberators, and ever in our collective conscience, so that we, mended for the hard work and dedication he Rescuers.’’ above all else, will never let this dark chapter put forth in earning the Eagle Scout Award; I also wish to bring to the attention of the in our history ever repeat itself. Therefore, I join with Troop 401, the resi- House of Representatives the following state- f dents of Jefferson County, and the entire 18th ment issued by Rabbi Israel Zoberman, spir- A PROCLAMATION COMMENDING Congressional District in congratulating Jona- itual leader of Congregation Beth Chaverim in MORNING JOURNAL than W. Weiss as he receives the Eagle Scout Virginia Beach, upon publication by the United Award. Jewish Federation of Tidewater of the book f ‘‘To Life: Stories Of Courage and Survival told HON. ROBERT W. NEY HONORING SPECTRUM IN MARIN by Hampton Roads Holocaust Survivors, Lib- OF OHIO COUNTY, CALIFORNIA erators and Rescuers.’’ Rabbi Zoberman, son IN THE HOUSE OF REPRESENTATIVES of Polish Holocaust survivors, and his daugh- Monday, September 9, 2002 ter Rachel are among the contributing authors. HON. LYNN C. WOOLSEY Mr. NEY. Mr. Speaker, whereas, the Morn- OF CALIFORNIA STATEMENT OF RABBI ZOBERMAN ing Journal published in Lisbon, Ohio will cele- IN THE HOUSE OF REPRESENTATIVES Out of the depths of Jewish anguish and an brate its 150th anniversary on September 15, aching human soul, with much trepidation Monday, September 9, 2002 2002; and to disclose accounts so personal and inti- Whereas, the Morning Journal started as Ms. WOOLSEY. Mr. Speaker, I rise today to mate yet with a compelling need to unbur- The Buckeye State in 1852 and became the den heavy-laden hearts, reaching out to con- honor Spectrum, Center for Lesbian, Gay, Bi- Evening Journal in 1909; and sexual and Transgender (LGBT) Concerns, on nect across a separating abyss, this—coura- geously, convincingly and caringly—shared Whereas, the Morning Journal has grown to the occasion of its 20th anniversary. Spectrum become the largest newspaper in Columbiana began its work in 1982, under the leadership tales of woes and victories is an enduring gift of Tikvah, reasssuring hope for genera- County; and of Rev. Janie Spahr, and with the direction of tions. Whereas, the Morning Journal serves its Executive Director Paula Pilecki, Spectrum Out of the Shoah’s poisonous fires still community with publication seven days a has continued to pursue its mission to threatening to consume civilization, hope is week; ‘‘strengthen, mobilize and serve lesbian, gay, painstakingly garnered and guarded from the Therefore, I join with the residents of the en- bisexual, transgender and questioning people, midst of despair, a reminder of humanity’s tire 18th Congressional District in recognizing and promote acceptance, understanding and capacity to stand up to indefinite evil—phys- ically, psychologically and spiritually—to the Morning Journal on September 15, 2002 full inclusion in Marin County.’’ its 150th anniversary. Spectrum is the only organization in Marin ensure that infinite goodness will be the lot of all God’s children. f County that focuses exclusively on addressing Hope that dreams dashed by blind hatred the needs of LGBT people. In twenty years, and boundless cruelty perverting the divine RECOGNIZING ROSELLE, MICHAEL over 1,000 volunteers have helped tens of image within us cannot ultimately be de- HINGSON’S GUIDE DOG, FOR HER thousands of people come together to speak stroyed by demonic design deposited in the BRAVERY AT WORLD TRADE out against fear and discrimination. Spectrum recesses of human depravity. While affirming CENTER ON SEPTEMBER 11 works with a national network of social Justice the Holocaust’s uniqueces we recall with advocates to make the world a more inclusive horror the September 11th, 2001 terrorist HON. LYNN C. WOOLSEY and safe place for all people. Spectrum recog- strikes and the genocidal wars in Cambodia, Rwanda and Bosnia, further diminishing us. OF CALIFORNIA nizes that in a diverse community, it is impor- Hope that life’s sacred and sweet essence of IN THE HOUSE OF REPRESENTATIVES tant that people learn to respect each other creative potential, morel imperative, ful- Monday, September 9, 2002 and their differences. filling relations and maturing growth will Spectrum plays an active role in the com- prevail over the stifling emptiness of a cul- Ms. WOOLSEY. Mr. Speaker, I rise today to munity, providing outreach programs that edu- ture of death. Hope that the holiness in the honor Roselle, a yellow Labrador dog, whose

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\E09PT1.SGM E09PT1 September 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1527 bravery on September 11 as she led her blind come. While rich in history and in the beauty quake Trail can see the results of this activity owner Michael Hingson from the World Trade if its surroundings, the greatest part of Smith- from near the epicenter of the 1906 San Fran- Center is an inspiration. field is the people who live there. It is truly an cisco earthquake. Michael and Roselle have become well- honor and privilege to represent the people of The cultural history of Point Reyes dates known as representatives of the power of the the Town of Smithfield in the United States back 5,000 years to a time when the Coast human/animal bond to build a trust that can House of Representatives. Miwok Indians inhabited the peninsula. Over carry them through even the greatest tragedy. f 120 Miwok archeological sites exist within the Michael was working on the 78th floor of the park. In 1579 Sir Francis Drake was probably World Trade Center when the building was A PROCLAMATION RECOGNIZING the first European in the area, landing on the struck. After making sure everyone in the of- MARK DUGAN shores of the Bay which bears his name. fice was evacuated safely, Roselle and Mi- Lighthouses and lifesaving stations, several chael began the long descent down the stair- HON. ROBERT. W. NEY still available to visitors, were established in well. Despite the heat and smoke, they calmly OF OHIO the 19th century in response to the many ship- made their way from the building and started IN THE HOUSE OF REPRESENTATIVES wrecks in the treacherous waters off the coast. running for the subway as Tower 2 began to In the early 19th century Mexican land grant- Monday, September 9, 2002 collapse. In the subway, Roselle guided Mi- ees established ranchos, and today ranching chael and another woman down the stairs and Mr. NEY. Mr. Speaker, Whereas, Mark operations continue in the Park’s pastoral led Michael to the home of a friend in mid- Dugan is a hero who used his knowledge of zones. Manhattan. Cardiopulmonary Resuscitation to help save Today, under the direction of Super- Michael has traveled with a dog from Guide the life of a one-year-old child; and intendent Don Neubacher, the Park success- Dogs for the Blind for 37 years. Roselle’s abil- Whereas, Mark Dugan acted quickly and ef- fully balances the needs of visitors and ranch- ity to lead, and Michael’s to command, under ficiently without hesitation or thought of him- ers with the preservation of ecosystems and such difficult circumstances embodies the suc- self; and historical sites. cess of the lifelong partnerships developed Whereas, Mark Dugan is an asset to the Mr. Speaker, Point Reyes National Sea- through this program. New Philadelphia community in his prepared- shore ranks among the top twenty most-visited Mr. Speaker, Roselle’s story demonstrates ness and willingness to help others; and National Park service areas in the country and that there were many kinds of bravery on Sep- Whereas, Mark Dugan has displayed re- exemplifies the Park Service’s mission to tember 11, 2001. It is appropriate to honor the markable responsibility by becoming trained in ‘‘care for special places saved by the Amer- bond that enabled her to save the life of Mi- life-saving first aid and furthermore by his real- ican people so that all may experience our chael Hingson. life application of that knowledge; heritage.’’ f Therefore, I join with the residents of the en- f tire 18th Congressional District of Ohio in hon- CONGRATULATING THE TOWN OF oring and congratulating Mark Dugan for his PAYING TRIBUTE TO ANDREA SMITHFIELD, VIRGINIA ON selflessness and heroism. ARAGON THEIR 250TH ANNIVERSARY f HON. SCOTT McINNIS POINT REYES NATIONAL HON. J. RANDY FORBES OF COLORADO SEASHORE 40TH ANNIVERSARY OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HON. LYNN C. WOOLSEY Monday, September 9, 2002 Monday, September 9, 2002 OF CALIFORNIA Mr. MCINNIS. Mr. Speaker, today I stand Mr. FORBES. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES before you with great pride to honor the ac- congratulate the Town of Smithfield, Virginia complishments of Andrea Aragon of Pueblo, Monday, September 9, 2002 on the marking of their 250th anniversary this Colorado. Andrea was one of the six distin- year. Ms. WOOLSEY. Mr. Speaker, I rise today to guished women to receive the 2002 YWCA Smithfield has a population of 6,584 and is honor Point Reyes National Seashore on the Anna Taussig Tribute to Women Awards on approximately 10.1 square miles in size. Lo- occasion of its 40th anniversary. On Sep- Thursday, June 6, 2002. She was selected for cated on the banks of the Pagan River in Isle tember 13, 1962, President John F. Kennedy her unparalled dedication to the education of of Wight County, Smithfield, Virginia was in- signed into law P.L. 87–657 ‘‘to save and pre- the youth of Pueblo, her personal philan- corporated in 1752 from land donated and sur- serve, for the purpose of public recreation, thropy. Andrea Aragon has exemplified unre- veyed by Arthur Smith IV. Smithfield offers benefit, and inspiration, a portion of the dimin- lenting passion in not only her professional residents a small-town atmosphere, a great ishing seashore of the United States that re- life, but her personal one as well, and I am school system, affordable housing, and a mains undeveloped.’’ honored to pay tribute to her accomplishments beautiful historic downtown. Conceived as a park in the 1930s, the hard today. While numerous Tidewater localities suf- work of dedicated people made Point Reyes Andrea is the perfect example of a model fered during the Revolutionary War, the War National Seashore a reality many years later. citizen who commits selflessly to the better- of 1812, and the Civil War, Smithfield was Today the Seashore, located an hour’s drive ment of her community. She currently dedi- spared the devastation. Since the Town’s in- from the urban San Francisco Bay Area, is en- cates her time to countless boards that strive ception, Smithfield has worked hard to main- joyed by over 2.5 million visitors annually. It to improve the integrity of the community, tain its architectural heritage and small town comprises over 71,000 acres including estu- such as the Colorado Student Loan Obligation charm. aries, beaches, coastal grasslands, salt Authority, the University of Southern Colorado The rise of Smithfield is most often credited marshes, and coniferous forests and contains President’s Leadership Program Advisory to its world famous ham industry. Know as the 45 percent of North American avian species Board, the Pueblo Hispanic Education Foun- ‘‘Ham Capital of the World,’’ no visit to Smith- and 18 percent of California’s plant species. dation Board, the Columbine Girl Scouts field can be considered complete without en- The Park is the best site for whale watching Board, and the El Pueblo Boys and Girls joying a quality ham. on the West Coast with as many as 200 mi- Ranch Board and previously served as Execu- To mark the Town’s anniversary, on Sep- grating whales sited per day. In 1988 Point tive Director for the Latino Chamber of Com- tember 28th, the residents of Smithfield will be Reyes National Seashore was internationally merce. Throughout her term as Executive Di- making the largest ham biscuit in the world. recognized by the United Nations Educational, rector, Andrea increased membership by sev- The ham biscuit bill will be eight fee in diame- Scientific, and Cultural Organization enty-five percent which provided the Chamber ter and large enough to feed 1,752 people. I (UNESCO) for its examples of the world’s with new, renovated offices and space. In hope the Guinness Book of World Records will major ecosystem types and named the Central July, Andrea was elevated to become the recognize the biscuit as the worlds largest California Coast Biosphere Reserve. proctor of the office of development and alum- ham biscuit. Lying just across the San Andrea Fault from ni relations for the University of Southern Col- Mr. Speaker, I congratulate the citizens of the rest of North America, the Point Reyes pe- orado. Smithfield, Virginia, as they celebrate the ninsula is also a geological land in motion Mr. Speaker, it is my pleasure today to rec- Town’s 250th anniversary and wish them con- which has moved over 300 miles in the last ognize the compassion of Andrea Aragon of tinued success and prosperity in the years to 100 million years. Visitors to the Park’s Earth- Pueblo, Colorado and her ability to inspire the

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\E09PT1.SGM E09PT1 E1528 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2002 community of Pueblo to strive for their breed extremism and hatred toward the United City, Utah and later moved to Idaho. At the dreams. Her actions are an integral asset to States. The World Summit was a profound op- age of just 14 he conceived of the idea of ma- those around her, and the entire State of Col- portunity for us to lend a compassionate hand nipulating electrons while plowing a field on orado. Congratulations on your achievement to improving lives of people throughout the his father’s farm. Andrea, and I wish the best of luck to you and world. Seven years later he demonstrated his in- you future endeavors. The United States, as the only remaining vention for a small circle of friends and family f superpower, is expected to show leadership in San Francisco—and television was born. on all issues affecting the global community. September 7, 2002 marks the 75th anniver- COMMENDING THE NATIONS THAT The President’s decision to abandon a leader- sary of Philo’s remarkable invention. PARTICIPATED IN THE WORLD ship role on global climate change and sus- Philo struggled to establish a patent for his SUMMIT ON SUSTAINABLE DE- tainable economic development, I fear, will se- invention, taking on electronics giant RCA. He VELOPMENT verely harm our standing in the world—not to battled the corporate giant for the patent rights mention the environment—for years to come. and his dedication and persistence paid off. HON. FORTNEY PETE STARK f Philo later went on to develop radar sys- OF CALIFORNIA tems and the electron microscope in addition HONORING KEVIN EISENBERG IN THE HOUSE OF REPRESENTATIVES to conducting research on nuclear fusion. It Monday, September 9, 2002 was only after his death in 1971 that Philo’s HON. GARY G. MILLER achievements in television were acknowl- Mr. STARK. Mr. Speaker, I rise today to OF CALIFORNIA edged. commend the one hundred and ninety-one na- IN THE HOUSE OF REPRESENTATIVES In 1992, the state of Utah presented the tions that participated in last week’s United Monday, September 9, 2002 United States Capitol with a gift, the statue of Nations World Summit on Sustainable Devel- Philo Farnsworth that now graces the Hall of opment. I hope that the cooperative efforts of Mr. GARY G. MILLER of California. Mr. Speaker, it is with great pleasure that I rise to Columns, downstairs from this Chamber. these nations will begin to solve the mounting He was hard working and imaginative, as so honor Kevin Eisenberg, a student at Corona problems that have been brought to bear by many Utahns are, and I would like to honor Del Mar High School in Newport Beach, Cali- decades of rampant consumption, resource his efforts today. His enthusiastic interest in fornia. Kevin is not you average, everyday stu- depletion, and overpopulation. science sparked a series a series of techno- dent; he is motivated, dedicated, and com- I applaud a major victory of the conference: logical advancements that truly shaped the mitted to helping his fellow Americans who are China’s decision to join the Kyoto Protocol and 20th century. currently serving and fighting for our great na- reduce its greenhouse gas emissions. I wel- f come Russia’s intention to do the same very tion. soon in the near future. But, I am left with pro- Following the tragic events of September HONORING A LIFETIME OF WORK found disappointment at the United States 11, 2001, Kevin wanted to show his support AND ACCOMPLISHMENTS BY continued failure to offer our leadership and for the troops who are risking their lives for us, ROBERT E. ROUNDTREE cooperation in this effort. as well as remember his late grandfather, Mr. The United States, absence at the World Sam Cooper, who was a serviceman in the HON. ROY BLUNT Summit on Sustainable Development was not Navy. Subsequently, he decided to raise money for the Navy Marine Corps Relief Soci- OF MISSOURI only a setback to America’s leadership in the IN THE HOUSE OF REPRESENTATIVES world, it was indicative of the Bush Administra- ety, an organization that does not solicit dona- tion’s lack of commitment to solving a problem tions. Monday, September 9, 2002 for which we are a major cause. Kevin used money previously earned to pur- Mr. BLUNT. Mr. Speaker, I rise today to Fossil fuel consumption and Carbon Dioxide chase American flags and bake apple pies, honor a lifetime of work and accomplishments which he then sold from a stand on Newport (C02) emissions—the major contributors to by Robert E. Roundtree. A Florida native, Bob greenhouse gas and global warming—are on Boulevard in Costa Mesa. All of the profits, in- Roundtree has spent the last 18 years in the rise, most notably in the United States and cluding the initial investment, have been pre- Springfield, Missouri, where he has been the Asia. The United States, Canada, and Mexico sented to the Navy Marine Corps Relief Soci- General Manager of Springfield City Utilities. are the primary source of CO , emissions in ety. In addition to financially supporting this Bob Roundtree has risen to the top of his 2 great agency, he circulated information about the world. In fact, CO2, emissions in North profession in the management of public utility America have grown steadily over the last the organization, helping everyone realize the companies. His utility career began more than decade, nearly 16 percent between 1990 and vital role it plays to American service per- half a century ago. He started in 1948 as the 2000. Meanwhile, these emissions have de- sonnel. ‘‘oiler’’ for the power plants in his hometown of clined in the former Soviet Union, Europe and During the six weekends Kevin spent out- Gainesville, Florida. Roundtree says an ‘‘oiler’’ Japan. side at the stand, he raised $1500.00. What is a glorified name for janitor. During the next The World Summit was a unique opportunity was important to him was not the amount of 30 years, Roundtree moved through the ranks for nations to cooperatively address what sci- money actually raised, but more simply, in- of the utility company, retiring in 1978 from the entists have long stated are the serious con- creasing awareness. He wanted his fellow position of general manager. sequences of global climate change. Major Americans to realize the importance of contrib- Roundtree moved on to manage utility com- glaciers and arctic sea ice are retreating, uting and serving, with the hope that a chain panies in Brownsville, Texas and Dalton, causing sea levels to rise. Rainfall has in- reaction would ensue. Georgia before arriving in Springfield in 1984. Mr. Speaker, I ask that the House please creased in the Northern Hemisphere leading He transformed the corporate culture of join me in honoring and ccmmending Mr. to unexpected flooding and related disasters. Springfield City Utilities, which provides elec- Kevin Eisenberg for his selflessness, service, Insurance payments for flood and storm dam- tricity, natural gas, water and bus services to and devotion to our great nation, and to those age rose by $28 billion in just a decade. a community of more than 150,000 people. who make the ultimate sacrifice so we may re- Meanwhile, droughts and subsequent poverty Roundtree put the utility on sound financial main free. and famine have been devastating large parts ground, held utility rates stable, improved the of Asia and Africa. f reliability of the electric system, instituted safe- The President’s failure to attend the sum- PHILO T. FARNSWORTH ty programs to improve gas line safety, and mit—like his withdrawal of the United States promoted creation of a water pipeline that en- support for the Kyoto treaty—puts the world’s HON. JIM MATHESON sures adequate water resources for the com- environment and economic well being in jeop- munity for the next 30 years. He also placed OF UTAH ardy, even as nations forge on without us. The the utility company at the forefront of eco- IN THE HOUSE OF REPRESENTATIVES President’s indifference only isolates us from nomic development by directing the creation of our allies and alienates the developing world. Monday, September 9, 2002 a major industrial park that is the source of Indeed, the root causes of global climate Mr. MATHESON. Mr. Speaker, l rise today hundreds of new jobs. change are inextricably tied to the economic to honor the achievements of Philo T. His leadership won him the ‘‘Springfieldian and social conditions in which much of the Farnsworth, the inventor of television. of the Year Award’’ in 1995. He has also been world lives. We cannot ignore the lack of Though his name is largely unknown in recognized by the Hawthorn Chapter of the econonmic opportunity and poverty that help much of the world, Philo was born in Beaver Professional Secretaries International with

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\E09PT1.SGM E09PT1 September 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1529 their ‘‘Executive of the Year Award’’ in 1991. SPEECH BY DR. LESLIE worship and other public spaces are prepared The American Public Power Association LENKOWSKY to face any crisis. No one should doubt that Americans are named him their recipient of the ‘‘Alex Radin prepared to make this commitment. But Distinguished Service Award for Individual HON. CONSTANCE A. MORELLA what we must strengthen is our capacity to Achievement.’’ Roundtree is a past president OF MARYLAND make this commitment effectively. We often of the Springfield Chamber of Commerce and IN THE HOUSE OF REPRESENTATIVES think of volunteering as something we do is a past president of the American Public spontaneously, as when we are moved by an Power Association. He has also given his time Monday, September 9, 2002 appeal to help or the images of a needy group and energy to Junior Achievement, the Safety Mrs. MORELLA. Mr. Speaker, on August of people on our televisions. As we saw on Council of the Ozarks and serves on the 27, 2002, Dr. Leslie Lenkowsky, the CEO of September 11, there is a lot of truth to this, but as we also saw on that day, volunteering boards of several organizations. His favorite the Corporation for National Community Serv- requires more to be useful in dealing with non-profit organization is ‘‘Project SHARE,’’ a ice, and a constituent of mine, addressed the the threats we now face. It requires not just program through City Utilities to pay utility bills National Press Club on the subject of ‘‘Pro- the will (of which Americans have always for those in need. tecting the Homeland: What Volunteers Can had plenty), but also careful and creative Do.’’ His words are particularly meaningful in thought about the ways. Bob Roundtree’s big smile and deep voice That is part of what President Bush is try- are reassuring and project his confidence and light of the fact that he was appointed by President Bush and confirmed by the Senate ing to do with the USA Freedom Corps. Last vision. Bob says he is ready to retire to enjoy November, in a speech in Atlanta, the Presi- more time with his wife Alice Ruth, his three in October of 2001, at a time when many dent responded to those asking what they children, and four grandchildren. thousands of Americans were volunteering in could do to help by calling on Americans to the recovery from the September 11th attacks. ‘‘get directly involved in this war effort, by The community he adopted 18 years ago is I commend the speech to my colleagues. making our homes and neighborhoods and a better place because of his vision, work and schools and workplaces safer.’’ A few weeks PROTECTING THE HOMELAND: WHAT diligence. The people of Springfield, Missouri later, in his State of the Union address, he VOLUNTEERS CAN DO and the customers of City Utilities offer Bob created the USA Freedom Corps, a major their best wishes for a bountiful retirement. On September 11, as smoke poured from Presidential initiative aimed at fostering a the ruins of the World Trade Center, along new culture of ‘‘citizenship, service, and re- with New Yorkers, hundreds, if not thou- f sponsibility’’ and helping the nation’s vol- sands, of New Jerseyites headed toward untary groups build the kind of capacity Ground Zero to help. Many went right to they need to better assist not only in the war HONORING THE RETIREMENT OF work, assisting the hard-pressed ‘‘first re- MANAGEMENT ANALYST LYNNE effort, but also in the many other vital tasks sponders’’: police, firefighters, emergency they perform in our communities. MATTOS FROM THE UNION CITY medical personnel, among others. But many As part of that sweeping initiative, the POLICE DEPARTMENT also found themselves without clear guid- President called for the creation of a new set ance about what was needed or where they of Citizen Corps programs to deal specifi- could best serve. Of New Jersey’s 21 counties, cally with the issue of homeland security. HON. FORTNEY PETE STARK only three had networks called ‘‘VOADS’’— Today, FEMA and the Departments of Jus- Voluntary Organizations Active in Disas- tice and Health and Human Services are OF CALIFORNIA ters—which are the principal channel working together to create and expand these through which public agencies responsible IN THE HOUSE OF REPRESENTATIVES programs. for dealing with emergencies can call on the At the Corporation for National and Com- Monday, September 9, 2002 resources of the nation’s nonprofit groups. munity Service, we have long utilized Senior As a result, many people who wanted to be Corps volunteers and AmeriCorps members Mr. STARK. Mr. Speaker, on September 26, helpful had difficulty finding ways of doing in public health, public safety, and disaster 2002, the Union City Police Department will so. relief and preparedness. These programs were celebrate the retirement of one of its finest of- What happened in New Jersey occurred not designed specifically to deal with terror elsewhere in the United States as well. ficers, Management Analyst II Lynne Mattos. attacks, of course, but our members were Americans stepped forward in record num- well trained and fully able to take on the In her 22-year career, Lynne has served the bers to give blood, make donations, even task. And like other Americans, they were Union City Police Department in many capac- travel long distances to help the searchers glad to have the opportunity. Many, for ex- ities, working as a Crime Prevention Spe- and console the survivors. No one who knows ample, have long worked with the American cialist, Community Relations Manager, and our country’s history should have been sur- Red Cross and FEMA, responding to disas- prised; we have long been unique among the Management Analyst II. ters and ensuring public safety. Currently, nations in our willingness to give and volun- twenty American Red Cross Chapters spon- Lynne Shelton was instrumental in devel- teer, especially in the face of local and na- sor National Readiness and Response Corps oping Union City’s Neighborhood and Busi- tional emergencies. But this outpouring of teams staffed by AmeriCorps members. ness Watch Programs, the Police Depart- generosity stretched the abilities of our These teams have assisted more than 430,000 ment’s False Alarm Program, and Crime Pre- charities. Blood banks wound up with more victims of natural disasters since 1994. vention’s National Night Out. Lynne was in- supplies than they could keep; for all the ex- Members of our National Civilian Commu- ceptionally great work they did, the Red nity Corps, an AmeriCorps program, re- volved in organizing almost all of the special Cross and other groups encountered big chal- sponded to the September 11 attacks, helping events sponsored through city/police depart- lenges in distributing the contributions they to process requests for aid, distributing relief ment collaborations, including the Gladiola received; so many people showed up to checks to victims’ families, and assisting Festivals in the late 1980s and early 1990s, search the rubble of the World Trade Center, them with paperwork and other kinds of sup- the prestigious awarding of ‘‘All-America City’’ William Langewiesche’s extraordinary series port, both in New York and Washington. in 1999, and ‘‘WinterFest,’’ an annual event to in The Atlantic Monthly reports, that the While the rescue workers combed through raise funding for many of the city’s community- site became even more dangerous than it al- the site, our Corps members were helping out based service groups. ready was. with the little things that truly made a dif- Moreover, this particular national emer- ference in people’s lives. They worked at The recipient of countless accolades and gency is not one which is likely to end soon. Pier 94 in New York, at a Red Cross phone letters of appreciation from citizens, busi- As the cache of videos uncovered recently by bank in Northern Virginia, and elsewhere. As nesses, Boy Scout troops, Lions Clubs, home- CNN so clearly illustrates, these perpetra- one AmeriCorps member put it in an e-mail: owners associations, and the school district, tors of evil are determined to strike again, ‘‘The hours are long, the cases are stressful, Lynne Mattos has made a lasting impression and to strike in ways that heretofore had the food is fattening, but all in all we been considered unthinkable. To prevent on the entire community. Lynne is also active wouldn’t want to be anywhere else right what we can prevent, and to prepare our- now.’’ on the city’s Chamber of Commerce Board of selves for what we cannot, will take a con- AmeriCorps and Senior Corps participants Directors, and has been a member of the certed effort that involves not just our intel- are also working around the nation to free city’s Planning Commission since February ligence and security agencies, and our up police and other ‘‘first responders’’ by 1990. trained ‘‘first responders,’’ whose efforts taking on basic tasks that divert them from were critical in helping New York deal with focusing on public safety. Volunteers with I am honored to join the colleagues of the terrorist attacks, but also an unprece- special skills, such as our veterans, provide Lynne Mattos in commending her for her dented level of commitment by everyday backup assistance to fire and medical per- many years of dedicated service. Her commit- people—by volunteers—to support those first sonnel, while ordinary citizens can and do ment to excellence has left its irreplaceable responders and ensure that homes and fami- provide basic administrative assistance to mark on the entire Union City community. lies, schools and places of business, houses of police stations, hospitals, and fire stations

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\E09PT1.SGM E09PT1 E1530 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2002 so that those with highly technical skills Congress also needs to pass the Citizen ciples of honesty, hardwork, and courage that can focus their time and energies on the Service Act, the legislation pending in the Coloradans and all Americans should strive to tasks they are trained to perform. House right now would bring much needed exemplify. As his family mourns his loss, we In Daytona Beach, for example, nearly two improvements and reforms to our pro- hundred members of our Senior Corps par- grams—as well as more resources. It has should pay tribute to a man who has contrib- ticipate in the local Citizens on Patrol pro- been almost a decade since the laws that au- uted so much not only to the vitality of the re- gram, helping police with traffic manage- thorize our programs were last debated and gion’s wildlife, but also to the State of Colo- ment and neighborhood watch. They wear authorized—and while we have done much to rado. uniforms, look for suspicious activity, re- expand and improve our programs with Mr. Olterman tragically lost his life Wednes- move disabled vehicles, watch vacant homes, lapsed authorization, we think that debate day when his plane crashed while he was car- and search for missing persons. They have and discussion will take us much further— rying out aerial fish-stocking duties high in the fingerprinted thousands of children in an ef- and will ultimately help enhance the avail- lakes of the Sangre de Cristo Mountains. As fort to keep them safe in the community. ability of quality volunteer opportunities for Last year alone, they served more than 51,000 individuals and improve the quality of serv- the most experienced pilot in the CDOW, Jim hours and logged more than 360,000 miles in ice that volunteers provide in response to understood the danger that was involved in their patrol cars, allowing trained law en- many of our greatest national needs, includ- flying these high risk operations, but he chose forcement officials in the county to focus on ing homeland security. A clear Congressional the assignment because he believed in the di- crime prevention and real emergencies. endorsement of this work would be a fitting vision’s mission to ensure the vitality of animal And there’s more to come. Just a few way to recognize the efforts volunteers made species in the wild. weeks ago, we became one of the first federal on September 11—and are still making—to Mr. Olterman served a very distinguished agencies to direct grant money to commu- guard against the evils of terrorism. career in 27 years at the division. After attend- nity groups working in homeland security. Here with us today is one of those people: The $10.3 million in grants we gave to 43 pri- AmeriCorps member Mark Lindquist, who is ing Oregon State graduate school, Mr. vate groups and public agencies in 26 states a team leader at the DC campus of our Na- Olterman entered into Division of Wildlife train- and the District of Columbia will support tional Civilian Community Corps. Right ing classes and, in 1972, began to work for more than 37,000 homeland security volun- after September 11, he helped run shuttles the Colorado Division of Wildlife’s Ridgeway teers across the nation. The grantees in- between the Pentagon and Red Cross head- District. In 1979, Jim was promoted to the po- cluded: the venerable American Radio Relay quarters in Arlington, set up Red Cross cen- sition of senior terrestrial biologist for the dis- League, based in Connecticut, which will ters for rescue and relief workers, as well as trict, followed by a promotion in 1994 to senior create a national communications network for survivors and their families, and a phone terrestrial biologist for the entire Western of amateur radio enthusiasts prepared to re- bank which people could call for more infor- spond in disasters when those new-fangled mation. And during the rest of his Slope of Colorado. cell phones and pda’s become inoperative; AmeriCorps year, he took the training he re- Jim was involved in the reintroduction of Mercy Medical Airlift, a charitable organiza- ceived in helping victims of catastrophes to many wildlife species in Western Colorado tion based in Virginia that usually flies La Plata, Maryland, as well as states that such as moose, lynx, and the black foot ferret. critically ill patients to receive treatment had been ravaged by floods and forest fires. He was also the lead biologist of big game around the country, but will also now pre- All of us at the Corporation for National species in his district and played a crucial role pare its network of pilots to fly at a mo- and Community Service, including our chair- in the expansion of big game herds throughout man, former Mayor Stephen Goldsmith and ment’s notice, transporting emergency blood the region. Well-liked and widely respected shipments to hospitals, key relief agency of- distinguished board of directors, are privi- ficials to disaster sites, and needed materials leged to work with people like Mark and on throughout the agency, Jim Olterman was to rescue and response crews; and the Hous- issues such as volunteerism, philanthropy, known as the ‘‘go to guy’’ who could always ing Authority of the City of Milwaukee, and national service for many years now. provide assistance and a thoughtful opinion on which will train an intergenerational group For the first time in a long time, the values a broad range of subjects. It has been widely of 2000 public housing residents in emergency that we seek to inculcate and perpetuate expressed throughout the CDOW that his preparedness, crime prevention, basic re- through programs such as AmeriCorps, Sen- pleasant company will be deeply missed and sponder skills, and the use of two-way ra- ior Corps, and Learn and Serve America—pa- the proficiency and expertise that he brought dios. In several communities, the American triotism, democratic citizenship, a concern Red Cross will be working with local organi- for the national purpose, the desire to give to his work will be irreplaceable. zations to develop response plans and in New back—are on the front burner of our nation’s Mr. Speaker, it is with deep respect and York City, the AmeriCorps Public Safety politics. great sadness that I recognize Mr. Jim Program will place members in firehouses to But they won’t stay there forever. Dr. Rob- Olterman before this body of Congress and relieve some of the administrative burdens ert Putnam, author of the book Bowling this nation for the definitive contributions he on the ‘‘bravest of the brave,’’ who sacrificed Alone, recently noted that: ‘‘in the after- made to his profession, to Colorado, and this so much for all of us on September 11. Last, math of [last] September’s tragedy, a win- nation. He devoted his life to the protection dow of opportunity has opened for a sort of but not least, one of our grants will establish and management of Colorado’s wildlife, and I the New Jersey Secure Corps, whose main civic renewal that occurs only once or twice objective will be to ensure that every county a century. But though the crisis revealed and commend him for the diligence and commit- in that state has a fully functioning VOAD. replenished the wells of solidarity in Amer- ment he displayed in his professional endeav- These programs, I believe, represent some ican communities, so far those wells remain ors. He will be missed by the many souls he of the most appropriate and effective ways untapped.’’ touched in his life and I express my sincere that citizens can help prepare for or respond We should not lose the momentum toward condolences to his wife Robin and his family. to any future attack. They build on our civic connectedness and service to others strengths—the vast array of voluntary that came out of the terrible event whose an- f groups that are spread throughout our na- niversary we will mark in just two weeks. tion and the credibility they enjoy with so Our Nation still has a great need for volun- REFLECTIONS ON AMERICA many Americans—to create an organized teers, in homeland security and in many network that is ready, willing, and able to other areas. And public service itself is a re- tackle emergencies whenever and wherever sponsibility that attends the privilege of life HON. JOSEPH M. HOEFFEL they arise. They do not ask ordinary citizens in a free society. Among all that we will be OF PENNSYLVANIA to take on the often difficult and dangerous called upon to remember in the next two IN THE HOUSE OF REPRESENTATIVES tasks that the ‘‘first responders’’ and other weeks, let us not forget that the ideals em- Monday, September 9, 2002 specialists are qualified to do. But by coordi- bodied by our country are not only worth de- nating their efforts with those trained pro- fending. They are also worth serving. Mr. HOEFFEL. Mr. Speaker, recently, as the fessionals, these programs enable ordinary one-year anniversary of September 11 ap- f Americans—such as Senior Corps member proached, I looked back over the statement I Roseann Schneider, who is here today, but PAYING TRIBUTE TO JIM released the day after the attacks occurred. would otherwise be helping the Montgomery OLTERMAN As I read the statement that was issued even County police—to make extraordinary con- as the smoke and dust still billowed over tributions to our nation’s safety and security when the occasion requires them to do so. SCOTT McINNIS Lower Manhattan, the Pentagon and a field in Most importantly, by enlisting Americans OF COLORADO rural Pennsylvania, I was struck by how easy in serving their country, these programs— IN THE HOUSE OF REPRESENTATIVES it was to write some of the words and how dif- and the broader efforts of the USA Freedom ficult it was to write others. Corps—help to perpetuate our country’s Monday, September 9, 2002 It was tremendously difficult to put into greatest source of strength, both in war and Mr. McINNIS. Mr. Speaker, it is with great words my feelings of disbelief and anger over in peace: a citizenry that is actively engaged sorrow as I rise to pay tribute to the memory the insane acts of 19 individuals and their sup- in public life. When he announced the creation of USA and passing of Colorado Division of Wildlife bi- porters. It still is. It was heart rending to try to Freedom Corps, the President also asked ologist, Jim Olterman of Dolores, Colorado. voice the sorrow and sympathy I felt for the Americans to devote at least two years of Jim Olterman had an exemplary career in his victims and their families. And that, too, is still their lives—or 4,000 hours—in service to their time at the agency and embodied the prin- difficult.

VerDate Sep<04>2002 05:03 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\E09PT1.SGM E09PT1 September 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1531 It was not difficult, however to write the Mr. Speaker, Gary is not just a leader in his James Gomez was appointed to the position words of hope, pride and conviction I had for union, he is also a patriot who has a great of Deputy Executive Officer of CalPERS in this country and its people on September 12. love of his country. While serving his brothers December of 1996, a position that is second And, today, a year later, I am happy to report and sisters as president of local 632, Gary in command and serves as the chief operating that the hope, pride and conviction were well- also served his country as a United States officer under the CEO. As chief operating offi- founded. On September 12, 2001 1 wrote, in Army Reservist. cer, James Gomez was responsible for the part: Gary was honored to be sent to the U.A.W. day-to-day operations of the $145 billion retire- ‘‘As I walked to work across the Capitol Constitutional Convention as a delegate seven ment system. He led the implementation of grounds this morning, a day after the attacks, times between the years 1966 and 1983. He CalPERS’ strategic plan to ensure the system I was struck as I often am by the incredible also served as a delegate to the Trades and is a world-class administrator of retirement beauty of the U.S. Capitol building. The dome Labor Council. In addition to his union activi- and health benefits for public employees. was shining a brilliant white against a clear ties, Gary served as a Commissioner on the While at CalPERS, James Gomez made his blue sky on a beautiful late summer day. I re- Delta County Road Commission for six years. mark by improving customer service with the alized that the glorious dome, such a symbol The United Auto Workers Union recognized Customer Call Center which significantly im- of the strength and stability of our country, Gary’s union leadership skills and service and proves the ability to provide solutions to mem- might well have been the final target of the ill- appointed him to a union staff position as an bers’ problems. He also led the effort to obtain fated fourth hijacked plane. International Representative in the United Auto $7 billion in state funding to benefit state and ‘‘The simple truth is that even if a terrorist Worker’s Escanaba Sub-Region I–D office in public school employees. The imaging project act had destroyed the dome, or if a thousand April of 1989. he oversaw allowed 51 million records to be terrorist acts had obliterated the entire capital, While serving as an International Represent- imaged for increased record efficiency. America would still be standing firm as it is ative, Gary successfully negotiated union con- CalPERS is a more effective and efficient or- today.’’ tracts in a wide variety of employment settings ganization due to the hard work and dedica- In the past year, we have cried and cursed. including the health care, higher education, tion of James Gomez. We have opened our hearts and our wallets. automotive, and aerospace industries. James Gomez has been a public servant for We have buried our dead and we continue to Not one to shy away from public service, close to 30 years working for the State De- heal our wounded and sorrowful. We have Gary also served on many community and in- partment of Benefit Payments, State Depart- cleared the debris and begun to rebuild. Our dustry boards and councils such as the Blue ment of Social Services, California Department President has led, and Congress has indeed Cross Blue Shield Advisory Board, the Labor of Corrections, the County of Santa Clara, and stood shoulder to shoulder with him in sup- management Board, and the Private Industry most recently CalPERS. His dedication to pub- port. Our soldiers have fought bravely and we Council. lic service kept him with the California State here at home have done what we do best— After attending his last U.A.W. Constitutional Department of Social Services over several we went back to work. Convention this year, Gary announced his re- years where he was tasked with ensuring that We will never again look at the world in the tirement effective June 30, 2002. all children and foster care services were dif- same way. We are sadder. We are wiser. We Mr. Speaker, when Gary was asked to recall ficult to enter into but simple to leave. are closer. And, as I said a year ago, we are the biggest influence in his union career, he James Gomez is the recipient of many dis- still standing firm. We’ve been through a lot. responded that former United Auto Workers tinguished awards and recognitions, including There will be tough times ahead, but today I President Walter Reuther was the most influ- the American Society of Public Administrators have even a stronger feeling of hope, pride ential figure in his career. The late Walter and the Outstanding Public Administrator and conviction in our country and its people. Reuther, who was known to call everyone he Award. In recognition for his contributions, he God Bless America. met brother, made many profound statements has earned the One to One, Leadership f in his lifelong effort to better the lives of work- Award, Share the Path Program, along with TRIBUTE TO GARY QUICK ON THE ers everywhere. other such distinguishable awards. OCCASION OF HIS RETIREMENT One such statement inscribed on Reuther’s I am honored to join the employees of AS A UNION LEADER statue in the Walter and May Reuther Gar- CalPERS in commending James Gomez for dens at the Black Lake U.A.W. Educational his many years in public service. His dedica- HON. BART STUPAK Center in my district reads: ‘‘There is no great- tion to the community has been great and his er calling than to serve your brother. There is commitment to the employees of California will OF MICHIGAN no greater satisfaction than to have done it serve as a model for others to follow. IN THE HOUSE OF REPRESENTATIVES well.’’ f Monday, September 9, 2002 Mr. Speaker, brother Gary Quick responded Mr. STUPAK. Mr. Speaker, I rise today to to his great calling and brother Quick has U.S. SHOULD ASSUME INTER- pay special tribute to a man who was a union served his brothers and sisters well. NATIONAL LEADERSHIP ROLE member for over forty three years and a union While Gary may be retiring from his active ON THE ENVIRONMENT leader in the Upper Peninsula of Michigan for position with the union, I know that he will re- almost that long. Mr. Speaker, I rise to honor tain his love and support for his brothers and HON. CIRO D. RODRIGUEZ Gary Quick on the occasion of his retirement sisters in labor. Gary will now be able to focus OF TEXAS on June 30, 2002. his activities toward his wife Beverly and step- IN THE HOUSE OF REPRESENTATIVES Gary Quick was born in downstate Michigan daughter Tina, who, together with friends, rel- Monday, September 9, 2002 on October 28, 1940 and moved with his fam- atives and union brothers and sisters cele- ily to Rapid River in the Upper Peninsula as brated Gary’s retirement at a dinner on Sep- Mr. RODRIGUEZ. Mr. Speaker, I expected a child. Gary graduated from Rapid River High tember 7, 2002. that the United States would have taken a School in 1959. Mr. Speaker, I ask you and my House col- leadership role in the recent international sum- Gary’s union career began when he accept- leagues to join me in saluting Gary Quick, a mit on sustainable development. Instead, I am ed a position as a sub assembler at the true personal friend and a friend of labor in the disappointed to report that this Administration Harnischfeger Corporation plant in Escanaba, Upper Peninsula of Michigan. has taken a back seat in international discus- sions on global warming and increasing the Michigan on May 4, 1959. With the new posi- f tion came membership in United Auto Workers use of renewable energy. Local 632. TRIBUTE TO MR. JAMES H. GOMEZ GLOBAL WARMING Gary came from a union family so he under- The United States is the number one con- stood and valued the importance of union HON. FORTNEY PETE STARK tributor of greenhouse gases worldwide. We membership and union leadership. Gary was OF CALIFORNIA have a responsibility to provide the necessary elected by members of Local 632 as Steward IN THE HOUSE OF REPRESENTATIVES international leadership to address global in 1963 serving until 1966. warming. It is shameful that the Bush Adminis- Gary maintained the respect of the union Monday, September 9, 2002 tration has elected to ignore that responsibility. rank and file and was elected Vice President Mr. STARK. Mr. Speaker, I rise today to Not only did the Bush Administration decide of U.A.W. Local 632 in 1967. After two years honor one of CalPERS’ highest-ranking offi- that the United States should not take a lead- as Vice President, Gary was elected President cials, Mr. James H. Gomez, as he ends his ership role on addressing the challenges pre- of Local 632 in 1969. tenure as the Deputy Executive Officer. sented by global warming, but worse, it also

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\E09PT1.SGM E09PT1 E1532 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2002 tried desperately to keep the climate change count for 20 percent of the world’s energy use. do to our environment what they have done to issue off of the World Summit on Sustainable We are the world’s great producer and great their employees’ 401 Ks. Development Agenda earlier this month in Jo- consumer. We must take responsibility for the Our national energy policy must include a hannesburg. consequences of our prosperity. Simply seek- forward-thinking plan to increase the use of re- We may not agree with every international ing voluntary standards to protect the environ- recommendation, and we must chart our own newable energy—in our buildings, auto- ment will not solve the problem. Without some course. But at the time we must engage the mobiles, and appliances, the large sources of issue not only here at home but also with our sort of specific timetables or goals, we will carbon dioxide emissions. Tax credits, incen- global neighbors around the world. If we don’t never get there. Partnerships are successful tives to use smart energy plans, and efficiency show leadership, then we abdicate leadership. only when there is binding accountability. The programs such as those offered by the Brooks RENEWABLE ENERGY Enron and WorldCom scandals have shown Energy Sustainability Lab are all steps in the Even though we in the U.S. account for only us the hard way that corporate self-policing right direction to create more energy-efficient 4 percent of the world’s population, we ac- will not work. We don’t need corporations to buildings and appliances.

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\E09PT1.SGM E09PT1 September 9, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1533 SENATE COMMITTEE MEETINGS 2:30 p.m. 1:30 p.m. Title IV of Senate Resolution 4, Intelligence Conferees To hold closed hearings to examine intel- Meeting of conferees, in closed session, agreed to by the Senate on February 4, ligence matters. on H.R. 4546, to authorize appropria- 1977, calls for establishment of a sys- SH–219 tions for fiscal year 2003 for military tem for a computerized schedule of all activities of the Department of De- meetings and hearings of Senate com- SEPTEMBER 11 fense, for military construction, and for defense activities of the Depart- mittees, subcommittees, joint commit- 1:30 p.m. tees, and committees of conference. ment of Energy, to prescribe personnel Conferees strengths for such fiscal year for the This title requires all such committees Meeting of conferees, in closed session. to notify the Office of the Senate Daily Armed Forces, focusing on emerging on H.R. 4546, to authorize appropria- threats provisions. Digest—designated by the Rules com- tions for fiscal year 2003 for military 2212 RHOB mittee—of the time, place, and purpose activities of the Department of De- 2 p.m. of the meetings, when scheduled, and fense, for military construction, and Banking, Housing, and Urban Affairs any cancellations or changes in the for defense activities of the Depart- To hold hearings on the nomination of meetings as they occur. ment of Energy, to prescribe personnel Wayne Abernathy, of Virginia, to be As an additional procedure along strengths for such fiscal year for the Assistant Secretary of the Treasury for with the computerization of this infor- Armed Forces, focusing on readiness Financial Institutions, to be followed mation, the Office of the Senate Daily provisions. by a business meeting to mark up S. Digest will prepare this information for S–211 Capitol 2239, to amend the National Housing printing in the Extensions of Remarks 4 p.m. Act to simplify the downpayment re- quirements for FHA mortgage insur- section of the CONGRESSIONAL RECORD Conferees Meeting of conferees, in closed session. ance for single family homebuyers, S. on Monday and Wednesday of each 1210, to reauthorize the Native Amer- week. on H.R. 4546, to authorize appropria- tions for fiscal year 2003 for military ican Housing Assistance and Self-De- Meetings scheduled for Monday, Sep- termination Act of 1996, and the nomi- activities of the Department of De- tember 9, 2002 may be found in the nation of Wayne Abernathy. fense, for military construction, and Daily Digest of today’s RECORD. SD–538 for defense activities of the Depart- 2:30 p.m. MEETINGS SCHEDULED ment of Energy, to prescribe personnel Commerce, Science, and Transportation strengths for such fiscal year for the Science, Technology, and Space Sub- SEPTEMBER 10 Armed Forces. committee Time to be announced 345 CHOB To hold hearings to examine S. 2537 and Finance H.R. 3833, bills to facilitate the cre- Business meeting to consider H.R. 5063, SEPTEMBER 12 ation of a new, second-level Internet to amend the Internal Revenue Code of 9:30 a.m. domain within the United States coun- 1986 to provide a special rule for mem- Conferees try code domain that will be a haven bers of the uniformed services in deter- Meeting of conferees on H.R. 4, to en- for material that promotes positive ex- mining the exclusion of gain from the hance energy conservation, research periences for children and families sale of a principal residence and to re- and development and to provide for se- using the Internet, provides a safe on- store the tax exempt status of death curity and diversity in the energy sup- line environment for children, and helps to prevent children from being gratuity payments to members of the ply for the American people. exposed to harmful material on the uniformed services. 2123 Rayburn Building Internet. S–216 Capitol 10 a.m. SR–253 9:15 a.m. Intelligence Conferees Foreign Relations To hold joint closed hearings with the Meeting of conferees, in closed session, To hold hearings to examine the Treaty House Permanent Select Committee on on H.R. 4546, to authorize appropria- Between the United States of America Intelligence to examine events sur- tions for fiscal year 2003 for military and the Russian Federation on Stra- activities of the Department of De- rounding September 11, 2001. tegic Offensive Reductions, Signed at fense, for military construction, and S–407 Capitol Moscow on May 24, 2002 (Treaty Doc. for defense activities of the Depart- Indian Affairs 107–08). ment of Energy, to prescribe personnel To hold oversight hearings to examine SD–419 strengths for such fiscal year for the successful strategies for Indian res- 3 p.m. Armed Forces, focusing on seapower ervation development. Conferees provisions. SR–485 Meeting of conferees, in closed session, SR–232A Health, Education, Labor, and Pensions on H.R. 4546, to authorize appropria- 9:30 a.m. To hold hearings to examine restoring tions for fiscal year 2003 for military Judiciary economic security for workers in the activities of the Department of De- To hold hearings to examine the imple- nation one year after September 11, fense, for military construction, and mentation of the USA PATRIOT Act, 2001. for defense activities of the Depart- focusing on the expansion of the For- SD–430 ment of Energy, to prescribe personnel strengths for such fiscal year for the eign Intelligence Surveillance Act 10:15 a.m. Armed Forces, focusing on personnel (FISA), in which the standards for Foreign Relations provisions. courts to approve surveillance of for- International Economic Policy, Export and HC–8 Capitol eign intelligence gathering are far less Trade Promotion Subcommittee demanding than those required for ap- 5:30 p.m. To hold hearings to examine replenish- Conferees proval of a criminal wiretap. ment authorizations for the World SD–226 Meeting of conferees, in closed session, Bank’s International Development As- Commerce, Science, and Transportation on H.R. 4546, to authorize appropria- sociation, the Asian Development To hold hearings to examine the status tions for fiscal year 2003 for military Fund, and the African Development of aviation security one year after Sep- activities of the Department of De- tember 11, 2001. Fund. fense, for military construction, and SR–253 SD–419 for defense activities of the Depart- 10 a.m. 11 a.m. ment of Energy, to prescribe personnel Health, Education, Labor, and Pensions Conferees strengths for such fiscal year for the To hold hearings to examine the imple- Meeting of conferees, in closed session, Armed Forces, focusing on strategic mentation of the Elementary and Sec- on H.R. 4546, to authorize appropria- provisions. ondary Education Act, focusing on tions for fiscal year 2003 for military HC–8 Capitol Title 1. activities of the Department of De- SD–430 fense, for military construction, and SEPTEMBER 13 Veterans’ Affairs for defense activities of the Depart- 9:30 a.m. To hold joint hearings with the House ment of Energy, to prescribe personnel Environment and Public Works Committee on Veterans’ Affairs to ex- strengths for such fiscal year for the To hold oversight hearings to examine amine the legislative presentation of Armed Forces, focusing on airland pro- the implementation of the Comprehen- the American Legion. visions. sive Everglades Restoration Plan. 345 Cannon Building SR–232A SD–406

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\E09PT1.SGM E09PT1 E1534 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2002 SEPTEMBER 17 SEPTEMBER 18 SEPTEMBER 25 9:30 a.m. 9:30 a.m. 9:30 a.m. Energy and Natural Resources Energy and Natural Resources Appropriations To hold hearings to examine the Federal To hold hearings to examine the effec- Labor, Health and Human Services, and Energy Regulatory Commission’s no- tiveness and sustainability of U.S. Education Subcommittee tice of proposed rulemaking, entitled technology transfer programs for en- To continue hearings to examine stem ‘‘Remedying Undue Discrimination ergy efficiency, nuclear, fossil and re- cell research. through Open Access Transmission newable energy and to identify nec- SD–124 essary changes tothose programs to Service and Standard Electricity Mar- 10 a.m. support U.S. competitiveness in the Indian Affairs ket Design’’. global marketplace. To hold oversight hearings to examine SD–366 SD–366 Special Trustees. 10 a.m. 10 a.m. SR–485 Foreign Relations Indian Affairs Near Eastern and South Asian Affairs Sub- To hold hearings to examine H.R. 2880, to committee amend laws relating to the lands of the To hold hearings to examine current ten- enrollees and lineal descendants of en- CANCELLATIONS sions in South Asia. rollees whose names appear on the SD–419 final Indian rolls of the Muscogee SEPTEMBER 13 Indian Affairs (Creek), Seminole, Cherokee, Chicka- 9:30 a.m. To hold hearings to examine S. 1392, to saw, and Choctaw Nations (historically Conferees establish procedures for the Bureau of referred to as the Five Civilized Meeting of conferees, in closed session. Indian Affairs of the Department of the Tribes). on H.R. 4546, to authorize appropria- Interior with respect to tribal recogni- SR–485 tions for fiscal year 2003 for military tion; and S. 1393, to provide grants to activities of the Department of De- SEPTEMBER 19 ensure full and fair participation in fense, for military construction, and certain decisionmaking processes at 10 a.m. for defense activities of the Depart- the Bureau of Indian Affairs. Health, Education, Labor, and Pensions ment of Energy, to prescribe personnel SR–485 To hold hearings to examine the Food strengths for such fiscal year for the and Drug Administration jurisdiction Armed Forces, focusing on general pro- of tobacco products. visions. SD–430 S–207 Capitol

VerDate Sep<04>2002 04:57 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\E09PT1.SGM E09PT1 September 9, 2002 Daily Digest Senate H.R. 37, to amend the National Trails System Chamber Action Act to update the feasibility and suitability studies Routine Proceedings, pages S8335–S8392 of 4 national historic trails and provide for possible Measures Introduced: Four bills and two resolu- additions to such trails, with an amendment in the tions, were introduced: S. 2913–2916, S. Res. 324, nature of a substitute. (S. Rept. No. 107–259) and S. Con. Res. 138. Page S8384 H.R. 38, to provide for additional lands to be in- cluded within the boundaries of the Homestead Na- Measures Reported: tional Monument of America in the State of Ne- S. 1028, to direct the Secretary of the Interior to braska. (S. Rept. No. 107–260) convey certain parcels of land acquired for the Blunt H.R. 107, to require that the Secretary of the In- Reservoir and Pierre Canal Features of the initial terior conduct a study to identify sites and resources, stage of the Oahe Unit, James Division, South Da- to recommend alternatives for commemorating and kota, to the Commission of Schools and Public Lands interpreting the Cold War, with amendments. (S. and the Department of Game, Fish, and Parks of the Rept. No. 107–261) State of South Dakota for the purpose of mitigating H.R. 1776, to authorize the Secretary of the Inte- lost wildlife habitat, on the condition that the cur- rior to study the suitability and feasibility of estab- rent preferential leaseholders shall have an option to lishing the Buffalo Bayou National Heritage Area in purchase the parcels from the Commission, with an west Houston, Texas. (S. Rept. No. 107–262) amendment in the nature of a substitute. (S. Rept. H.R. 1814, to amend the National Trails System No. 107–253) Act to designate the Metacomet-Monadnock- S. 1638, to authorize the Secretary of the Interior Mattabesett Trail extending through western Massa- to study the suitability and feasibility of designating chusetts and central Connecticut for study for poten- the French Colonial Heritage Area in the State of tial addition to the National Trails System. (S. Rept. Missouri as a unit of the National Park System, with No. 107–263) an amendment in the nature of a substitute. (S. H.R. 1925, to direct the Secretary of the Interior Rept. No. 107–254) to study the suitability and feasibility of designating S. 1944, to revise the boundary of the Black Can- the Waco Mammoth Site Area in Waco, Texas, as yon of the Gunnison National Park and Gunnison a unit of the National Park System. (S. Rept. No. Gorge National Conservation Area in the State of 107–264) Colorado, with amendments. (S. Rept. No. 107–255) S. 321, to amend title XIX of the Social Security S. 2519, to direct the Secretary of the Interior to Act to provide families of disabled children with the conduct a study of Coltsville in the State of Con- opportunity to purchase coverage under the Medicaid necticut for potential inclusion in the National Park program for such children, with an amendment in System, with an amendment. (S. Rept. No. the nature of a substitute. (S. Rept. No. 107–265) 107–256) Page S8383 S. 2571, to direct the Secretary of the Interior to conduct a special resources study to evaluate the Measures Passed: suitability and feasibility of establishing the Rim of National Construction Safety Team Act: Senate the Valley Corridor as a unit of the Santa Monica passed H.R. 4687, to provide for the establishment Mountains National Recreation Area, with an of investigative teams to assess building performance amendment in the nature of a substitute. (S. Rept. and emergency response and evacuation procedures No. 107–257) in the wake of any building failure that has resulted S. 2598, to enhance the criminal penalties for ille- in substantial loss of life or that posed significant gal trafficking of archaeological resources, with an potential of substantial loss of life, after agreeing to amendment in the nature of a substitute. (S. Rept. the following amendment proposed thereto: No. 107–258) Pages S8391–92 D905

VerDate Sep 04 2002 06:10 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\CRI\D09SE2.REC D09SE2 D906 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2002 Reid (for Hollings) Amendment No. 4514, in the Statements on Introduced Bills/Resolutions: nature of a substitute. Page S8392 Pages S8386–89 Homeland Security Act: Senate resumed consider- Additional Statements: Pages S8371–76 ation of H.R. 5005, to establish the Department of Amendments Submitted: Pages S8389–91 Homeland Security, taking action on the following Notices of Hearings/Meetings: Page S8391 amendments proposed thereto: Pages S8350, S8352–67 Pending: Authority for Committees to Meet: Page S8391 Lieberman Amendment No. 4471, in the nature Record Votes: One record vote was taken today. of a substitute. Pages S8350, S8352–67 (Total—211) Page S8350 Thompson/Warner Amendment No. 4513 (to Adjournment: Senate met at 12 noon, and ad- Amendment No. 4471), to strike title II, estab- journed at 6:34 p.m., until 9:30 a.m., on Tuesday, lishing the National Office for Combating Ter- September 10, 2002. (For Senate’s program, see the rorism, and title III, developing the National Strat- remarks of the Acting Majority Leader in today’s egy for Combating Terrorism and Homeland Secu- Record on page S8392). rity Response for detection, prevention, protection, response, and recover to counter terrorist threats. Committee Meetings Pages S8352–67 A unanimous-consent agreement was reached pro- (Committees not listed did not meet) viding for further consideration of the bill at 2:15 p.m. on Tuesday, September 10, 2002. Page S8392 FREIGHT AND INTERMODAL TRANSPORTATION Department of the Interior Appropriations— Agreement: A unanimous-consent agreement was Committee on Commerce, Science, and Transportation: Sub- reached providing for further consideration of H.R. committee on Surface Transportation and Merchant 5093, making appropriations for the Department of Marine concluded joint hearings with the Committee the Interior and related agencies for the fiscal year on Environment and Public Works Subcommittee on ending September 30, 2003, at 9:30 a.m. on Tues- Transportation, Infrastructure, and Nuclear Safety to examine national freight and intermodal transpor- day, September 10, 2002. Page S8392 tation issues, focusing on marine transportation Executive Reports of Committees: Senate received funding approaches, customs duties on imported the following executive report of a committee: goods, and a framework to assist the Congress as it Received on Friday, September 6, 2002 during considers future federal investment decisions, after the adjournment of the Senate: receiving testimony from Jeffrey N. Shane, Associate Report to accompany Convention On The Elimi- Deputy Secretary, Director, Office of Intermodalism, nation Of All Forms Of Discrimination Against Department of Transportation; JayEtta Z. Hecker, Women (Treaty Doc. 96–53) (Ex. Rept. 107–9). Director, Physical Infrastructure Issues, General Ac- Pages S8383–84 counting; Katie Dusenberry, Arizona Department of Nominations Confirmed: Senate confirmed the fol- Transportation Board, Tucson; Richard M. Larrabee, lowing nomination: Port Authority of New York and New Jersey, New By unanimous vote of 82 yeas (Vote No. EX. York, New York; Michael W. Wickham, Roadway Corporation, Akron, Ohio, on behalf of the American 211), Kenneth A. Marra, of Florida, to be United Trucking Associations, Inc.; Edward R. Hamberger, States District Judge for the Southern District of Association of American Railroads, and Michael P. Florida. Pages S8340–50, S8392 Huerta, ACS State and Local Solutions, former Asso- Messages From the House: Page S8376 ciate Deputy Secretary of Transportation, on behalf Executive Communications: Pages S8376–83 of the Coalition for America’s Gateways and Trade Corridors, both of Washington, DC; and John D. Executive Reports of Committees: Pages S8383–84 Caruthers, Jr., I–69 Mid-Continent Highway Coali- Additional Cosponsors: Pages S8384–86 tion, Shreveport, Louisiana.

VerDate Sep 04 2002 06:10 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\CRI\D09SE2.REC D09SE2 September 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D907 House of Representatives tive days to insert their remarks on the topic of the Chamber Action ceremonial meeting. Pages H6102–07 Measures Introduced: 12 public bills, H.R. Resignation from Congress—Ambassador Hall: 5344–5355; and 2 resolutions, H. Res. 518–519, Read a letter from Representative Hall of Ohio were introduced. Page H6129 wherein he announced his resignation as a Member Reports Filed: Reports were filed today as follows: of the house effective at the close of business on Sep- H.R. 1701, to amend the Consumer Credit Pro- tember 9 because he was nominated by President tection Act to assure meaningful disclosures of the Bush and confirmed by the Senate to serve as United terms of rental-purchase agreements, including dis- States Representative to the United Nations Agen- closures of all costs to consumers under such agree- cies for Food and Agriculture, with the rank of Am- ments, to provide certain substantive rights to con- bassador. Page H6089 sumers under such agreements, amended (H. Rept. 107–590, Pt. 2); Recess: House recessed at 3:05 p.m. and reconvened H. Con. Res. 442, recognizing the American Road at 6:31 p.m. Pages H6099–H6100 and Transportation Builders Association for reaching National Skills Standards Board: The Chair an- its 100th Anniversary and for the many vital con- nounced the Speaker’s reappointment of Mr. Wil- tributions of its members in the transportation con- liam E. Weisgerber of Iona, Michigan to the Na- struction industry to the American economy and tional Skill Standards Board for a four-year term. quality of life through the multi-modal transpor- Page H6100 tation infrastructure network its members have de- Suspensions: The House agreed to suspend the signed, built, and managed over the past century (H. rules and pass the following measures: Rept. 107–646); H.R. 3813, to modify requirements relating to al- Federal Transit Formula Grants Flexibility Re- location of interest that accrues to the Abandoned tention Act: H.R. 5157, to amend section 5307 of Mine Reclamation Fund (H. Rept. 107–647); title 49, United States Code, to allow transit systems H.R. 5039, to direct the Secretary of the Interior in urbanized areas that, for the first time, exceeded to convey title to certain irrigation project property 200,000 in population according to the 2000 census in the Humboldt Project, Nevada, to the Pershing to retain flexibility in the use of Federal transit for- County Water Conservation District, Pershing Coun- mula grants in fiscal year 2003 (agreed to by a yea- ty, Lander County, and the State of Nevada, amend- and-nay vote of 350 yeas with none voting ‘‘nay’’, ed (H. Rept. 107–648); Roll No. 375); Pages H6090–91, H6100 H.R. 3880, to provide a temporary waiver from Heroism and Courage of Airline Flight Attend- certain transportation conformity requirements and ants: H. Con. Res. 401, amended, recognizing the metropolitan transportation planning requirements heroism and courage displayed by airline flight at- under the Clean Air Act and under other laws for tendants each day (agreed to by a yea-and-nay vote certain areas in New York where the planning offices of 351 yeas with none voting ‘‘nay’’, Roll No. 376); and resources have been destroyed by acts of ter- Pages H6091–93, H6100–01 rorism, amended (H. Rept. 107–649 Pt. 1). 100th Anniversary of the American Road and Page H6128 Transportation Builders Association: H. Con. Res. Speaker Pro Tempore: Read a letter from the 442, recognizing the American Road and Transpor- Speaker wherein he appointed Representative Dan tation Builders Association for reaching its 100th Miller of Florida to act as Speaker pro tempore for Anniversary and for the many vital contributions of today. Page H6087 its members in the transportation construction in- Recess: House recessed at 12:44 p.m. and recon- dustry to the American economy and quality of life vened at 2 p.m. Page H6089 through the multi-modal transportation infrastruc- Ceremonial Meeting of the Congress in Federal ture network its members have designed, built, and Hall, New York, New York: Agreed that the pro- managed over the past century; Pages H6093–94 ceedings of the special ceremonial meeting of the Congratulating the Valley Sports Little League, United States Congress held in Federal Hall, New Louisville, Kentucky, Little League World Series York, New York, on September 6, 2002, be printed Champions: H. Res. 516, congratulating the Valley in the Record and that all members have five legisla- Sports American Little League baseball team from

VerDate Sep 04 2002 06:10 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\CRI\D09SE2.REC D09SE2 D908 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2002 Louisville, Kentucky, for their outstanding perform- provide a special rule for members of the uniformed serv- ance in the Little League World Series (agreed to by ices in determining the exclusion of gain from the sale a yea-and-nay vote of 344 yeas with none voting of a principal residence and to restore the tax exempt sta- ‘‘nay,’’ Roll No. 377); Pages H6094–95, H6101–02 tus of death gratuity payments to members of the uni- formed services, time to be announced, S–216, Capitol. Peter J. Anci, Jr. Post Office, Farmingdale, Committee on Health, Education, Labor, and Pensions: to New York: H.R. 5336, to designate the facility of hold hearings to examine the implementation of the Ele- the United States Postal Service located at 380 Main mentary and Secondary Education Act, focusing on Title Street in Farmingdale, New York, as the ‘‘Peter J. 1, 10 a.m., SD–430. Anci, Jr. Post Office Building;’’ and Pages H6095–97 Select Committee on Intelligence: to hold closed hearings to Nat King Cole Post Office, Los Angeles, Cali- examine intelligence matters, 2:30 p.m., SH–219. fornia: H.R. 4797, to redesignate the facility of the Committee on the Judiciary: to hold hearings to examine United States Postal Service located at 265 South the implementation of the USA PATRIOT Act, focusing Western Avenue, Los Angeles, California, as the on the expansion of the Foreign Intelligence Surveillance Act (FISA), in which the standards for courts to approve ‘‘Nat King Cole Post Office.’’ Pages H6097–99 surveillance of foreign intelligence gathering are far less Meeting Hour—Wednesday, Oct. 11: Agreed that demanding than those required for approval of a criminal when the house adjourns on Tuesday, Oct. 10, it ad- wiretap, 9:30 a.m., SD–226. journ to meet at 12 noon on Wednesday, October Committee on Veterans’ Affairs: to hold joint hearings 11. Page H6107 with the House Committee on Veterans’ Affairs to exam- Motion to Instruct Conferees—Terrorism Risk ine the legislative presentation of the American Legion, Protection Act: Representative Fossella announced 10 a.m., 345 Cannon Building. his intention to offer a motion to instruct conferees House on H.R. 3210, to ensure the continued financial ca- pacity of insurers to provide coverage for risks from Committee on Armed Services, hearing on the state of the terrorism, to agree to the provisions contained in Iraqi weapons of mass destruction program and the his- section 11 of the Senate amendment, relating to sat- tory of the United Nations inspection efforts in Iraq, 3 p.m., 2118 Rayburn. isfaction of judgments from frozen assets of terror- Committee on Education and the Workforce, Subcommittee ists, terrorist organizations, and state sponsors of ter- on Employer-Employee Relations, hearing entitled ‘‘Re- rorism. Page H6107 tirement Security for American Workers: Examining Pen- Senate Messages: Message received from the Senate sion Enforcement and Accountability,’’ 10:30 a.m., 2175 today appears on page H6087. Rayburn Referral: S. 351 was referred to the Committee on Committee on Energy and Commerce, Subcommittee on Commerce, Trade and Consumer Protection, hearing on Energy and Commerce. Pages H6125–26 H.R. 4646, Steel Industry Legacy Relief Act of 2002, 10 Quorum Calls—Votes: Three yea-and-nay votes de- a.m., 2322 Rayburn. veloped during the proceedings of the House today Subcommittee on Oversight and Investigations, hearing and appear on pages H6100, H6101, and entitled ‘‘America’s Blood Supply in the Aftermath of H1601–02. There were no quorum calls. September 11, 2001,’’ 10 a.m., 2123 Rayburn. Adjournment: The House met at 12:30 p.m. and Committee on House Administration, hearing on Capitol Security, Emergency Preparedness, and Infrastructure Up- adjourned at 10:18 p.m. grades since September 11, 1:30 p.m., 1310 Longworth. Committee on the Judiciary, to continue markup of the Committee Meetings following bills: H.R. 4600, Help Efficient, Accessible, No committee meetings were held. Low Cost, Timely Health Care (HEALTH) Act 2002; and H.R. 4689, Fairness in Sentencing Act of 2002; and to f mark up the following bills: S. 2690, to reaffirm the ref- COMMITTEE MEETINGS FOR TUESDAY, erence to one Nation under God in the Pledge of Alle- SEPTEMBER 10, 2002 giance; H.R. 4125, Federal Courts Improvement Act of 2002; and H.R. 4561, Federal Agency Protection of Pri- (Committee meetings are open unless otherwise indicated) vacy Act, 10 a.m., 2141 Rayburn. Senate Committee on Transportation and Infrastructure, Sub- committee on Highways and Transit, hearing on Intel- Committee on Commerce, Science, and Transportation: to ligent Transportation Systems, 10 a.m., 2167 Rayburn. hold hearings to examine the status of aviation security Committee on Ways and Means, Subcommittee on Health, one year after September 11, 2001, 9:30 a.m., SR–253. hearing on legislation to Reduce Medical Errors, 11 a.m., Committee on Finance: business meeting to consider H.R. 1100 Longworth. 5063, to amend the Internal Revenue Code of 1986 to

VerDate Sep 04 2002 06:10 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\CRI\D09SE2.REC D09SE2 September 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D909 Joint Meetings for such fiscal year for the Armed Forces, focusing on seapower provisions, 9:15 a.m., SR–232A. Conference: meeting of conferees, in closed session, on H.R. 4546, to authorize appropriations for fiscal year Joint Meetings: Senate Committee on Veterans’ Affairs, 2003 for military activities of the Department of Defense, to hold joint hearings with the House Committee on for military construction, and for defense activities of the Veterans’ Affairs to examine the legislative presentation of Department of Energy, to prescribe personnel strengths the American Legion, 10 a.m., 345 Cannon Building.

VerDate Sep 04 2002 06:10 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\CRI\D09SE2.REC D09SE2 D910 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, September 10 9 a.m., Tuesday, September 10

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of motions to go of H.R. 5093, Department of the Interior and Related to Conference: Agencies Appropriations Act. 1. H.R. 5011, Military Construction Appropriations; At 2:15 p.m., Senate will continue consideration of and H.R. 5005, Homeland Security Act. 2. H.R. 5010, Department of Defense Appropriations. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Consideration of Suspensions: weekly party conferences.) 1. H. Res. 513, Historical significance of the United States-Ireland Business Summit; 2. S. 2810, Intelsat IPO Extension Act; 3. H.R. 3880, Temporary Waiver from Clean Air Act Requirements for New York City; and 4. H. Con. Res. 320, Support Scleroderma Research.

Extensions of Remarks, as inserted in this issue

HOUSE Graham, Lindsey O., S.C., E1523 Ney, Robert W., Ohio, E1526, E1526, E1527 Hoeffel, Joseph M., Pa., E1530 Rodriguez, Ciro D., Tex., E1531 Andrews, Robert E., N.J., E1523 Levin, Sander M., Mich., E1523 Stark, Fortney Pete, Calif., E1528, E1529, E1531 Bereuter, Doug, Nebr., E1524 McInnis, Scott, Colo., E1527 Stupak, Bart, Mich., E1531 Blunt, Roy, Mo., E1528 Matheson, Jim, Utah, E1528 Sweeney, John E., N.Y., E1524 DeLauro, Rosa L., Conn., E1523 Miller, Gary G., Calif., E1528 Tauscher, Ellen O., Calif., E1524 Doolittle, John T., Calif., E1524 Miller, George, Calif., E1525 Forbes, J. Randy, Va., E1526, E1527 Morella, Constance A., Md., E1524, E1529 Woolsey, Lynn C., Calif., E1526, E1526, E1527

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VerDate Sep 04 2002 06:10 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\CRI\D09SE2.REC D09SE2 D906 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2002 Reid (for Hollings) Amendment No. 4514, in the Statements on Introduced Bills/Resolutions: nature of a substitute. Page S8392 Pages S8386–89 Homeland Security Act: Senate resumed consider- Additional Statements: Pages S8371–76 ation of H.R. 5005, to establish the Department of Amendments Submitted: Pages S8389–91 Homeland Security, taking action on the following Notices of Hearings/Meetings: Page S8391 amendments proposed thereto: Pages S8350, S8352–67 Pending: Authority for Committees to Meet: Page S8391 Lieberman Amendment No. 4471, in the nature Record Votes: One record vote was taken today. of a substitute. Pages S8350, S8352–67 (Total—211) Page S8350 Thompson/Warner Amendment No. 4513 (to Adjournment: Senate met at 12 noon, and ad- Amendment No. 4471), to strike title II, estab- journed at 6:34 p.m., until 9:30 a.m., on Tuesday, lishing the National Office for Combating Ter- September 10, 2002. (For Senate’s program, see the rorism, and title III, developing the National Strat- remarks of the Acting Majority Leader in today’s egy for Combating Terrorism and Homeland Secu- Record on page S8392). rity Response for detection, prevention, protection, response, and recover to counter terrorist threats. Committee Meetings Pages S8352–67 A unanimous-consent agreement was reached pro- (Committees not listed did not meet) viding for further consideration of the bill at 2:15 p.m. on Tuesday, September 10, 2002. Page S8392 FREIGHT AND INTERMODAL TRANSPORTATION Department of the Interior Appropriations— Agreement: A unanimous-consent agreement was Committee on Commerce, Science, and Transportation: Sub- reached providing for further consideration of H.R. committee on Surface Transportation and Merchant 5093, making appropriations for the Department of Marine concluded joint hearings with the Committee the Interior and related agencies for the fiscal year on Environment and Public Works Subcommittee on ending September 30, 2003, at 9:30 a.m. on Tues- Transportation, Infrastructure, and Nuclear Safety to examine national freight and intermodal transpor- day, September 10, 2002. Page S8392 tation issues, focusing on marine transportation Executive Reports of Committees: Senate received funding approaches, customs duties on imported the following executive report of a committee: goods, and a framework to assist the Congress as it Received on Friday, September 6, 2002 during considers future federal investment decisions, after the adjournment of the Senate: receiving testimony from Jeffrey N. Shane, Associate Report to accompany Convention On The Elimi- Deputy Secretary, Director, Office of Intermodalism, nation Of All Forms Of Discrimination Against Department of Transportation; JayEtta Z. Hecker, Women (Treaty Doc. 96–53) (Ex. Rept. 107–9). Director, Physical Infrastructure Issues, General Ac- Pages S8383–84 counting; Katie Dusenberry, Arizona Department of Nominations Confirmed: Senate confirmed the fol- Transportation Board, Tucson; Richard M. Larrabee, lowing nomination: Port Authority of New York and New Jersey, New By unanimous vote of 82 yeas (Vote No. EX. York, New York; Michael W. Wickham, Roadway Corporation, Akron, Ohio, on behalf of the American 211), Kenneth A. Marra, of Florida, to be United Trucking Associations, Inc.; Edward R. Hamberger, States District Judge for the Southern District of Association of American Railroads, and Michael P. Florida. Pages S8340–50, S8392 Huerta, ACS State and Local Solutions, former Asso- Messages From the House: Page S8376 ciate Deputy Secretary of Transportation, on behalf Executive Communications: Pages S8376–83 of the Coalition for America’s Gateways and Trade Corridors, both of Washington, DC; and John D. Executive Reports of Committees: Pages S8383–84 Caruthers, Jr., I–69 Mid-Continent Highway Coali- Additional Cosponsors: Pages S8384–86 tion, Shreveport, Louisiana.

VerDate Sep 04 2002 04:26 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE2.REC D09SE2 September 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D907 House of Representatives tive days to insert their remarks on the topic of the Chamber Action ceremonial meeting. Pages H6102–07 Measures Introduced: 12 public bills, H.R. Resignation from Congress—Ambassador Hall: 5344–5355; and 2 resolutions, H. Res. 518–519, Read a letter from Representative Hall of Ohio were introduced. Page H6129 wherein he announced his resignation as a Member Reports Filed: Reports were filed today as follows: of the house effective at the close of business on Sep- H.R. 1701, to amend the Consumer Credit Pro- tember 9 because he was nominated by President tection Act to assure meaningful disclosures of the Bush and confirmed by the Senate to serve as United terms of rental-purchase agreements, including dis- States Representative to the United Nations Agen- closures of all costs to consumers under such agree- cies for Food and Agriculture, with the rank of Am- ments, to provide certain substantive rights to con- bassador. Page H6089 sumers under such agreements, amended (H. Rept. 107–590, Pt. 2); Recess: House recessed at 3:05 p.m. and reconvened H. Con. Res. 442, recognizing the American Road at 6:31 p.m. Pages H6099–H6100 and Transportation Builders Association for reaching National Skills Standards Board: The Chair an- its 100th Anniversary and for the many vital con- nounced the Speaker’s reappointment of Mr. Wil- tributions of its members in the transportation con- liam E. Weisgerber of Iona, Michigan to the Na- struction industry to the American economy and tional Skill Standards Board for a four-year term. quality of life through the multi-modal transpor- Page H6100 tation infrastructure network its members have de- Suspensions: The House agreed to suspend the signed, built, and managed over the past century (H. rules and pass the following measures: Rept. 107–646); H.R. 3813, to modify requirements relating to al- Federal Transit Formula Grants Flexibility Re- location of interest that accrues to the Abandoned tention Act: H.R. 5157, to amend section 5307 of Mine Reclamation Fund (H. Rept. 107–647); title 49, United States Code, to allow transit systems H.R. 5039, to direct the Secretary of the Interior in urbanized areas that, for the first time, exceeded to convey title to certain irrigation project property 200,000 in population according to the 2000 census in the Humboldt Project, Nevada, to the Pershing to retain flexibility in the use of Federal transit for- County Water Conservation District, Pershing Coun- mula grants in fiscal year 2003 (agreed to by a yea- ty, Lander County, and the State of Nevada, amend- and-nay vote of 350 yeas with none voting ‘‘nay’’, ed (H. Rept. 107–648); Roll No. 375); Pages H6090–91, H6100 H.R. 3880, to provide a temporary waiver from Heroism and Courage of Airline Flight Attend- certain transportation conformity requirements and ants: H. Con. Res. 401, amended, recognizing the metropolitan transportation planning requirements heroism and courage displayed by airline flight at- under the Clean Air Act and under other laws for tendants each day (agreed to by a yea-and-nay vote certain areas in New York where the planning offices of 351 yeas with none voting ‘‘nay’’, Roll No. 376); and resources have been destroyed by acts of ter- Pages H6091–93, H6100–01 rorism, amended (H. Rept. 107–649 Pt. 1). 100th Anniversary of the American Road and Page H6128 Transportation Builders Association: H. Con. Res. Speaker Pro Tempore: Read a letter from the 442, recognizing the American Road and Transpor- Speaker wherein he appointed Representative Dan tation Builders Association for reaching its 100th Miller of Florida to act as Speaker pro tempore for Anniversary and for the many vital contributions of today. Page H6087 its members in the transportation construction in- Recess: House recessed at 12:44 p.m. and recon- dustry to the American economy and quality of life vened at 2 p.m. Page H6089 through the multi-modal transportation infrastruc- Ceremonial Meeting of the Congress in Federal ture network its members have designed, built, and Hall, New York, New York: Agreed that the pro- managed over the past century; Pages H6093–94 ceedings of the special ceremonial meeting of the Congratulating the Valley Sports Little League, United States Congress held in Federal Hall, New Louisville, Kentucky, Little League World Series York, New York, on September 6, 2002, be printed Champions: H. Res. 516, congratulating the Valley in the Record and that all members have five legisla- Sports American Little League baseball team from

VerDate Sep 04 2002 04:26 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE2.REC D09SE2 D908 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2002 Louisville, Kentucky, for their outstanding perform- provide a special rule for members of the uniformed serv- ance in the Little League World Series (agreed to by ices in determining the exclusion of gain from the sale a yea-and-nay vote of 344 yeas with none voting of a principal residence and to restore the tax exempt sta- ‘‘nay,’’ Roll No. 377); Pages H6094–95, H6101–02 tus of death gratuity payments to members of the uni- formed services, time to be announced, S–216, Capitol. Peter J. Anci, Jr. Post Office, Farmingdale, Committee on Health, Education, Labor, and Pensions: to New York: H.R. 5336, to designate the facility of hold hearings to examine the implementation of the Ele- the United States Postal Service located at 380 Main mentary and Secondary Education Act, focusing on Title Street in Farmingdale, New York, as the ‘‘Peter J. 1, 10 a.m., SD–430. Anci, Jr. Post Office Building;’’ and Pages H6095–97 Select Committee on Intelligence: to hold closed hearings to Nat King Cole Post Office, Los Angeles, Cali- examine intelligence matters, 2:30 p.m., SH–219. fornia: H.R. 4797, to redesignate the facility of the Committee on the Judiciary: to hold hearings to examine United States Postal Service located at 265 South the implementation of the USA PATRIOT Act, focusing Western Avenue, Los Angeles, California, as the on the expansion of the Foreign Intelligence Surveillance Act (FISA), in which the standards for courts to approve ‘‘Nat King Cole Post Office.’’ Pages H6097–99 surveillance of foreign intelligence gathering are far less Meeting Hour—Wednesday, Oct. 11: Agreed that demanding than those required for approval of a criminal when the house adjourns on Tuesday, Oct. 10, it ad- wiretap, 9:30 a.m., SD–226. journ to meet at 12 noon on Wednesday, October Committee on Veterans’ Affairs: to hold joint hearings 11. Page H6107 with the House Committee on Veterans’ Affairs to exam- Motion to Instruct Conferees—Terrorism Risk ine the legislative presentation of the American Legion, Protection Act: Representative Fossella announced 10 a.m., 345 Cannon Building. his intention to offer a motion to instruct conferees House on H.R. 3210, to ensure the continued financial ca- pacity of insurers to provide coverage for risks from Committee on Armed Services, hearing on the state of the terrorism, to agree to the provisions contained in Iraqi weapons of mass destruction program and the his- section 11 of the Senate amendment, relating to sat- tory of the United Nations inspection efforts in Iraq, 3 p.m., 2118 Rayburn. isfaction of judgments from frozen assets of terror- Committee on Education and the Workforce, Subcommittee ists, terrorist organizations, and state sponsors of ter- on Employer-Employee Relations, hearing entitled ‘‘Re- rorism. Page H6107 tirement Security for American Workers: Examining Pen- Senate Messages: Message received from the Senate sion Enforcement and Accountability,’’ 10:30 a.m., 2175 today appears on page H6087. Rayburn Referral: S. 351 was referred to the Committee on Committee on Energy and Commerce, Subcommittee on Commerce, Trade and Consumer Protection, hearing on Energy and Commerce. Pages H6125–26 H.R. 4646, Steel Industry Legacy Relief Act of 2002, 10 Quorum Calls—Votes: Three yea-and-nay votes de- a.m., 2322 Rayburn. veloped during the proceedings of the House today Subcommittee on Oversight and Investigations, hearing and appear on pages H6100, H6101, and entitled ‘‘America’s Blood Supply in the Aftermath of H1601–02. There were no quorum calls. September 11, 2001,’’ 10 a.m., 2123 Rayburn. Adjournment: The House met at 12:30 p.m. and Committee on House Administration, hearing on Capitol Security, Emergency Preparedness, and Infrastructure Up- adjourned at 10:18 p.m. grades since September 11, 1:30 p.m., 1310 Longworth. Committee on the Judiciary, to continue markup of the Committee Meetings following bills: H.R. 4600, Help Efficient, Accessible, No committee meetings were held. Low Cost, Timely Health Care (HEALTH) Act 2002; and H.R. 4689, Fairness in Sentencing Act of 2002; and to f mark up the following bills: S. 2690, to reaffirm the ref- COMMITTEE MEETINGS FOR TUESDAY, erence to one Nation under God in the Pledge of Alle- SEPTEMBER 10, 2002 giance; H.R. 4125, Federal Courts Improvement Act of 2002; and H.R. 4561, Federal Agency Protection of Pri- (Committee meetings are open unless otherwise indicated) vacy Act, 10 a.m., 2141 Rayburn. Senate Committee on Transportation and Infrastructure, Sub- committee on Highways and Transit, hearing on Intel- Committee on Commerce, Science, and Transportation: to ligent Transportation Systems, 10 a.m., 2167 Rayburn. hold hearings to examine the status of aviation security Committee on Ways and Means, Subcommittee on Health, one year after September 11, 2001, 9:30 a.m., SR–253. hearing on legislation to Reduce Medical Errors, 11 a.m., Committee on Finance: business meeting to consider H.R. 1100 Longworth. 5063, to amend the Internal Revenue Code of 1986 to

VerDate Sep 04 2002 04:26 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE2.REC D09SE2 September 9, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D909 Joint Meetings for such fiscal year for the Armed Forces, focusing on seapower provisions, 9:15 a.m., SR–232A. Conference: meeting of conferees, in closed session, on H.R. 4546, to authorize appropriations for fiscal year Joint Meetings: Senate Committee on Veterans’ Affairs, 2003 for military activities of the Department of Defense, to hold joint hearings with the House Committee on for military construction, and for defense activities of the Veterans’ Affairs to examine the legislative presentation of Department of Energy, to prescribe personnel strengths the American Legion, 10 a.m., 345 Cannon Building.

VerDate Sep 04 2002 04:26 Sep 10, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09SE2.REC D09SE2 D910 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, September 10 9 a.m., Tuesday, September 10

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of motions to go of H.R. 5093, Department of the Interior and Related to Conference: Agencies Appropriations Act. 1. H.R. 5011, Military Construction Appropriations; At 2:15 p.m., Senate will continue consideration of and H.R. 5005, Homeland Security Act. 2. H.R. 5010, Department of Defense Appropriations. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Consideration of Suspensions: weekly party conferences.) 1. H. Res. 513, Historical significance of the United States-Ireland Business Summit; 2. S. 2810, Intelsat IPO Extension Act; 3. H.R. 3880, Temporary Waiver from Clean Air Act Requirements for New York City; and 4. H. Con. Res. 320, Support Scleroderma Research.

Extensions of Remarks, as inserted in this issue

HOUSE Graham, Lindsey O., S.C., E1523 Ney, Robert W., Ohio, E1526, E1526, E1527 Hoeffel, Joseph M., Pa., E1530 Rodriguez, Ciro D., Tex., E1531 Andrews, Robert E., N.J., E1523 Levin, Sander M., Mich., E1523 Stark, Fortney Pete, Calif., E1528, E1529, E1531 Bereuter, Doug, Nebr., E1524 McInnis, Scott, Colo., E1527 Stupak, Bart, Mich., E1531 Blunt, Roy, Mo., E1528 Matheson, Jim, Utah, E1528 Sweeney, John E., N.Y., E1524 DeLauro, Rosa L., Conn., E1523 Miller, Gary G., Calif., E1528 Tauscher, Ellen O., Calif., E1524 Doolittle, John T., Calif., E1524 Miller, George, Calif., E1525 Forbes, J. Randy, Va., E1526, E1527 Morella, Constance A., Md., E1524, E1529 Woolsey, Lynn C., Calif., E1526, E1526, E1527

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $211.00 for six months, $422.00 per year, or purchased for $5.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

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