Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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

Vol. 149 WASHINGTON, TUESDAY, FEBRUARY 11, 2003 No. 25 House of Representatives The House met at 12:30 p.m. and was sense of the House that a commemora- ficing their lives so the rest of us can called to order by the Speaker pro tem- tive postage stamp should be issued in live in freedom. pore (Mr. BALLENGER). remembrance of the victims of the Bei- A stamp in honor of the Beirut peace- rut peacekeeping mission. I am cer- f keepers would not just serve to further tainly not the first to pursue this ef- DESIGNATION OF SPEAKER PRO fort to have the Postal Service author- mourn their loss, but to celebrate the TEMPORE ize a stamp in memory of our brave peace and the American spirit that was The SPEAKER pro tempore laid be- peacekeepers. For 19 long years, embodied in the mission of these fallen fore the House the following commu- friends, families and comrades of the heroes. nication from the Speaker: Beirut victims have lobbied tirelessly Mr. Speaker, in these uncertain WASHINGTON, DC, to see this dream become a reality. To times we call upon the brave men and February 11, 2003. date, however, these efforts have been I hereby appoint the Honorable CASS women of the military to defend the unsuccessful. ideals that this great Nation was BALLENGER to act as Speaker pro tempore on Mr. Speaker, some of the astonishing this day. founded upon. One of my constituents, reasons that have been given for not J. DENNIS HASTERT, Charles Hall of Jacksonville, North Speaker of the House of Representatives. issuing the stamp include: We try to honor positive things. People want Carolina, was called upon 191⁄2 years f noncontroversial, pretty stamps; Bei- ago; and he served our country honor- MORNING HOUR DEBATES rut lacks significance in American his- ably in Beirut. He will be the first to The SPEAKER pro tempore. Pursu- tory, and not enough people were tell Members that the war on terrorism ant to the order of the House of Janu- killed. began well before September 11. ary 7, 2003, the Chair will now recog- Mr. Speaker, I share those comments Mr. Speaker, in April the Citizens because this is what I have been told nize Members from lists submitted by Stamp Advisory Committee will con- has been said to those many people the majority and minority leaders for vene in Washington to consider stamp morning hour debates. The Chair will who for 19 years have been asking that proposals and make recommendations alternate recognition between the par- this stamp be created. These expla- ties, with each party limited to not to nations are scant justification for fail- to the Postmaster General. On behalf exceed 25 minutes, and each Member, ing to recognize those who have given of military families across the United except the majority leader, the minor- so much to our country. I can assure States, I urge the committee to do ity leader, or the minority whip, lim- Members that they amount to little what is right for those who made the ited to not to exceed 5 minutes. more than a slap in the face to our ultimate sacrifice. I urge them to re- The Chair recognizes the gentleman servicemen and their families. consider that a commemorative stamp from North Carolina (Mr. JONES) for 5 I am not here today to begrudge be issued in remembrance of the Beirut minutes. stamp selections of the past, but fair is peacekeepers. f fair. If kittens, red squirrels, Daffy Duck, Chinese dragons, circus wagons, Mr. Speaker, I would like to close in AUTHORIZE STAMP IN MEMORY and communist artists are worthy of a certain way. I first ask God to please OF BRAVE PEACEKEEPERS IN commemoration by the Postal Service, bless the men and women in uniform. I BEIRUT then so are our fallen heroes from Bei- ask God to please bless the families of Mr. JONES of North Carolina. Mr. rut. the men and women in uniform. I ask Speaker, on October 23, 1983, the war on October 3 of this year will mark the God to please bless the House and Sen- terrorism began when a truck filled 20th anniversary of the Marine Corps ate that we might do what is right for with explosives detonated outside of barracks bombing in Beirut. The the future of this Nation. And I ask the United States Marine Corps bar- friends, family, and comrades left be- God to please bless the President of the racks in Beirut, Lebanon, killing 241 of hind by the Beirut peacekeepers will United States that he will lead this Na- gather once again to pay their re- our servicemen. Between 1982 and 1984, tion and this world to a better and 270 soldiers, sailors, and Marines from spects. This would be the appropriate peaceful world. 36 States lost their lives while serving time for the Federal Government to as peacekeepers in Beirut. show its appreciation. Honoring these Mr. Speaker, I close by asking three Mr. Speaker, I have recently intro- servicemen with a stamp is one way for times, God please, God please, God duced H. Res. 45 that would express the us to finally say thank you for sacri- please, continue to bless America.

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

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VerDate Jan 31 2003 01:16 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.000 H11PT1 H330 CONGRESSIONAL RECORD — HOUSE February 11, 2003 FIGHTING DISEASES AROUND THE flag,’’ and trying to solve the problem CONGRATULATING UNIVERSITY OF WORLD alone, he said. FLORIDA The SPEAKER pro tempore. Pursu- The Global Fund is a public-private The SPEAKER pro tempore. Pursu- ant to the order of the House of Janu- partnership begun last year by U.N. ant to the order of the House of Janu- ary 7, 2003, the gentleman from Ohio General Secretary Kofi Annan, which ary 7, 2003, the gentleman from Florida (Mr. BROWN) is recognized during morn- draws contributions from governments, (Mr. STEARNS) is recognized during ing hour debates for 5 minutes. private corporations, faith-based orga- morning hour debates for 5 minutes. Mr. BROWN of Ohio. Mr. Speaker, nizations and foundations. The Global Mr. STEARNS. Mr. Speaker, I come yesterday 1,100 people in India died Fund already shows signs that it to the floor to congratulate the Univer- from tuberculosis. Last month in sub- works. Government entities, in coordi- sity of Florida on its 150th year in op- Saharan Africa, 225,000 people died nation with nongovernment organiza- eration and of course to wish them con- from AIDS. Last year, more than 1 mil- tions, submit 5-year plans. Each plan is tinued success. It is a great privilege to lion people died from malaria around unique to each country, not a one-size- represent such a fine university. I am the world. fits-all design which traditional foreign proud to say that the University of The White House understands that aid programs have too often been. Florida ranks fourth in the Nation AIDS, in tandem with tuberculosis, is among public universities and 10th literally the most devastating epi- The Global Fund recognizes cultural among all universities in the number of demic the world has seen since the bu- differences. What works in Christian freshman National Merit Scholars in bonic plague of the 14th century. These Uruguay might not work in Moslem attendance. diseases have killed millions. They Bangladesh. No overriding, inter- Not only do I have the privilege of have their sights set on millions more. national political agenda is attached to representing the university, but also The President laid out the problem the Global Fund’s assistance. No lit- the city in which the university was well: nearly 30 million people have the mus tests, only a judgment by the fund formed, which also happens to be very AIDS virus in Africa; yet only 50,000 of in collaboration with local citizens and close to my hometown. In 1853, the them are receiving the medicine they health workers of what works best in University of Florida began as East need. The great Black Plague of Europe each country. Florida Seminary in Ocala, Florida. It killed 25 million people in the mid- The Global Fund demands quantifi- was created in response to a State deci- 1300s. Last year, there were an esti- able results. The money supports ac- sion which allowed public funds to be mated 42 million people living with tivities, including access to health care used to support higher education. It HIV–AIDS around the world. There is services and purchase of drugs. If a later combined with Florida Agri- little question that HIV, unless we country or an NGO fails to show results culture College, St. Petersburg Normal take unprecedented, dramatic action to within 2 years, the money is cut off. and Industrial School, and South Flor- both prevent further spread and treat Although 60 percent of the Global ida Military College to become the all those who require treatment with Fund’s money goes to HIV–AIDS, 20 University of the State of Florida, one antiretrovirals and other medicines, percent goes to TB and another 20 per- of four State universities. will take a much greater social, polit- cent roughly to fight malaria. Fighting Having been formed before the Civil ical and economic toll than even the these diseases together is a cost-effec- War, the University of Florida has been black plague. tive approach. For example, the infra- a profound player in both Florida and For the first time, the United States American history. In fact, in World is devoting the necessary funding and structure created in the treatment of TB has been proven to help in the War I, the university served as a base joining the global fight against these for 400 soldiers. These student soldiers three killers. The President has com- treatment of AIDS, malaria and other diseases. To cure TB, a patient takes were displaced to local boarding houses mitted the funding, $10 billion in new as sentries to guard the gates and dor- money, to stem the growing tide of this medication every day for about 6 months given to him by a health care mitories on campus. epidemic; but we are not quite there. In the mid-1920s, the State of Florida worker at a clinic or by a health care The limited number of targeted coun- and the university suffered financial worker who has traveled to his home. tries under the President’s initiative difficulties, along with the rest of the Unlike a smallpox vaccine, regular and the small contribution to the glob- country. The Mediterranean fruit fly interaction between health care work- al fund to fight AIDS, TB and malaria, crippled the State’s citrus production, ers and patients is necessary to cure $1 billion of the $10 billion, has stifled and the deadliest hurricane to ever hit TB. the applause that followed the Presi- Florida destroyed what was left of the dent’s announcement about how this If we fully commit to the Global State’s economy. Then a year later, administration would fight AIDS. Fund, that means a minimum of $500 the Great Depression began for the col- The President is aiming at only 14 million per year, 2 million patients will lapse of the stock market. State funds countries, 12 in sub-Saharan Africa be treated for TB over the next 5 years, for expansion were virtually non- where the devastation is greatest, and most of them for less than $100. Our in- existent for nearly 20 years thereafter. two in our hemisphere, Haiti and Guy- vestment in the Global Fund, rather In the Second World War, more than ana. The White House plan excludes than a unilateral U.S.-waged effort, 10,000 UF alumni served this country. Mexico, Bangladesh, Pakistan, China, will help leverage support from other William Corry and Hubert Schucht, India, Russia and Brazil where half the countries. former student body presidents, were world’s people live. It excludes 15 of the among those killed. 22 high-burden TB countries which ac- Funneling U.S. dollars through U.S. count for 80 percent of the world’s TB programs alone will not do much to b 1245 population. If the administration is promote a united global front against The University of Florida has a rich committed to addressing AIDS, it must this global killer. In a very short time, State and national history and it also be committed to TB, the biggest the Global Fund has shown it is capa- thrives today as one of the premier killer of people with AIDS. We cannot ble of tremendous progress. In the first State universities in the United States. fight one without fighting the other. two rounds of grants, the fund has ap- University of Florida students are Dr. Richard Feachem, executive di- proved 160 proposals in 85 low-income among the most active in this Nation. rector of the Global Fund, told me last countries. With a 46,500-plus student enrollment week that a go-it-alone bilateral plan With significant U.S. funding, the and 2,000-acre campus, the campus is a simply will not work. While economist fund will continue to support countries lively and stimulating environment for and AIDS expert Jeffrey Sachs ac- committed to addressing the epidemics all of its students. knowledges the significance of the killing their people. Without U.S. lead- Students at the university lead a rich President’s plan, he questioned the de- ership, it will be a fund in name only social and academic life, which is evi- cision to limit support for the Global and AIDS, TB, and malaria will remain denced by the fact that in a single year Fund. ‘‘What has not worked is each a virtual death sentence in the devel- there are more than 600 student organi- individual donor planting a separate oping world. zations operating on campus and more

VerDate Jan 31 2003 00:02 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.003 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H331 than 2,000 campus concerts, art exhib- State. The city was actually settled in CONGRATULATING THE M. ENSEM- its, theatrical productions, guest lec- 1840 and played a critical role in ship- BLE COMPANY FOR ITS UPCOM- tures, sports concerts and other events ping up and down the Willamette ING ‘‘MEDAL OF HONOR THE- in a year. River. The commerce from those docks ATER PROJECT’’ With an athletics program rivaled by served to link Willamette Valley’s pio- The SPEAKER pro tempore. Pursu- few Division I-A schools, the Univer- neers with goods from the Hudson’s ant to the order of the House of Janu- sity of Florida fields some of the most Bay Trading Company and beyond. Or- ary 7, 2003, the gentlewoman from Flor- competitive teams in the country. UF egon’s founder, Dr. John McLaughlin, ida (Ms. ROS-LEHTINEN) is recognized scholar-athletes have dominated in often supervised commerce on those during morning hour debates for 2 min- every sporting arena, and it is evident very docks when he visited from his utes. from their dozens of national titles. I nearby home. Today, Milwaukie is the Ms. ROS-LEHTINEN. Mr. Speaker, I am proud of the University of Florida’s second largest city in fast-growing rise today to honor and congratulate athletic program and foresee continued Clackamas County. It serves the Port- the M. Ensemble Company for its up- success. land region as a transportation hub, coming ‘‘Medal of Honor Theater I also want to congratulate the Uni- hosting the intersection of two State Project,’’ which honors the life and versity of Florida football team for an highways and two freight railroads. service of the first black soldier ever admirable season. Gator fans across But it is how Milwaukie has ap- awarded the Medal of Honor for his the country should be excited for this proached the future that is intriguing heroism during the Vietnam War. program and their new coach, Ron to me. I would like to especially thank fel- Zook. Coach Zook has put together an In the latter part of the 1990s, this low Miamians Patricia E. Williams and outstanding staff, and I look forward to city looked at how they were going to Shirley Richardson who are cofounders seeing them back on top of the SEC. join the region’s light rail system. of the M. Ensemble Company for all of Academic institutions shoulder a Some had serious questions about what their leadership and dedication to this great responsibility in the health and it would do to their community and praiseworthy organization. For more progress of local communities. They how it was going to be compatible with than 30 years, the theater company has not only teach young people skills in how they wanted to grow with the rest been providing training and career- order to succeed, but also intangible of the region. Instead of joining the re- building opportunities for the south advantages like broad-mindedness and gion’s light rail system at that point, Florida community. This recognition is a sense of the world around them. Edu- they took time out to reflect how they especially fitting as our country cele- cation is our best defense against ha- should grow and relate to the sur- brates the countless African American tred and poverty, which is why we rounding communities. In the course of contributions to our rich history. must invest in institutions that have a the next 5 years, the community car- Please join me in congratulating the proven record of success. ried out literally thousands of hours of M. Ensemble Company and its Medal of As any Member of this body would community meetings. Some were infor- Honor project for its tremendous trib- be, I am proud to represent one such mal. There were scores of neighborhood ute to the cause of arts and learning institution. I congratulate the Univer- association meetings and workshops. for all. sity of Florida and President Charles As a result of this searching and f Young and wish the university long- introspection, the community, its lasting success. God bless. neighborhoods and elected leaders, in- RECESS f cluding some who were the most skep- The SPEAKER pro tempore. Pursu- CONGRATULATING MILWAUKIE, tical of earlier plans, are now among ant to clause 12(a) of rule I, the Chair OREGON, ON ITS CENTENNIAL the most active and aggressive advo- declares the House in recess until 2 CELEBRATION cates of rail coming to their town; and p.m. today. The SPEAKER pro tempore (Mr. not only light rail, but they are also Accordingly (at 12 o’clock and 52 supporting an innovative commuter BALLENGER). Pursuant to the order of minutes p.m.), the House stood in re- the House of January 7, 2003, the gen- rail system serving Milwaukie, as well. cess until 2 p.m. They are looking at other ways to tleman from Oregon (Mr. BLUMENAUER) f is recognized during morning hour de- make their community livable. bates for 5 minutes. Milwaukie, Oregon, like so many b 1400 communities across the country, made Mr. BLUMENAUER. Mr. Speaker, AFTER RECESS amidst all the international drama and decisions early in its career that cut trauma, it is sometimes easy to forget off its waterfront from the community. The recess having expired, the House that the primary goal of government is It is inaccessible now because of a was called to order by the Speaker pro to provide a partnership where our State highway that makes pedestrian tempore (Mr. OTTER) at 2 p.m. communities can be livable and where and other access impossible. This beau- f our families are safe, healthy and eco- tiful and historic resource is now out of nomically secure. My hometown of their reach, home only to a treatment PRAYER Portland, Oregon, has received inter- plant. Milwaukie residents are now The Chaplain, the Reverend Daniel P. national acclaim as one of America’s working to overcome this barrier to Coughlin, offered the following prayer: most livable cities, but actually, Mr. connect their historic waterfront and O powerful and ever-living God, the Speaker, ours is a region of two dozen natural resource with the heart of lasting health of all who believe in livable communities. Under Oregon’s their downtown. You, hear our prayer on this World Day unique land use system, each commu- Milwaukie, Oregon is an outstanding for the Sick. nity is encouraged to develop its own example of how a livable community In accepting our sufferings and our special identity. grapples with issues of growth, trans- human limitations, Lord, You teach us One of the unique places that de- portation, development, its past and its the virtue of patience. We offer our serves special attention is the city of future. It is a community that other prayers for our sick brothers and sis- Milwaukie, Oregon, as it now cele- cities can look to for inspiration, how ters, especially those who are near and brates its centennial this month, an ex- people of strong and varying opinions dear to the Members of Congress. ample that thousands of small commu- sitting down and working through On this special day we give You nities across the country could look to. their issues together for the common thanks for all those in health care min- Milwaukie’s hard-working citizens are good can make a city safer, healthier istry on every continent. Continue to keenly interested in making the next and more economically secure. call forth men and women of science 100 years something that is even bet- I, for one, am proud to represent the and faith who will serve the weakest ter. ‘‘City of Dogwoods’’ as it celebrates its members of society as professionals in The community of Milwaukie has centennial. Congratulations, Milwau- research, in medicine, and in health played a key role in the history of our kie, Oregon. care. Sustain them and guide them

VerDate Jan 31 2003 01:16 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.042 H11PT1 H332 CONGRESSIONAL RECORD — HOUSE February 11, 2003 until that final moment when You president of the National Honor Soci- HONORING JAY TAYLOR’S bring Your people to glory in Your ety, and is currently a member of the SERVICE TO MANCHESTER presence forever and ever. Amen. California Scholarship Federation. (Mr. BRADLEY of New Hampshire f I am very proud of Kavi. Accom- asked and was given permission to ad- plishing so much at such a young age is dress the House for 1 minute and to re- THE JOURNAL truly impressive, and I wish him con- vise and extend his remarks.) The SPEAKER pro tempore. The tinued success for the future. Mr. BRADLEY of New Hampshire. Chair has examined the Journal of the f Mr. Speaker, I rise today to honor Jay last day’s proceedings and announces Taylor upon his retirement from the to the House his approval thereof. CLONING position of economic development di- Pursuant to clause 1, rule I, the Jour- (Mr. PITTS asked and was given per- rector for the city of Manchester, New nal stands approved. mission to address the House for 1 Hampshire. f minute and to revise and extend his re- Jay’s tireless efforts to revitalize the marks.) Queen City’s economic base have PLEDGE OF ALLEGIANCE Mr. PITTS. Mr. Speaker, last year, proved successful, as evidenced by The SPEAKER pro tempore. Will the we in the House of Representatives Manchester’s booming downtown and gentleman from Florida (Mr. FEENEY) voted to ban all cloning of humans. night life. Ten years ago, New Hamp- come forward and lead the House in the Tinkering with human life the way shire’s largest city and financial center Pledge of Allegiance. some propose to do is unethical, im- faced a deep recession and a bleak eco- Mr. FEENEY of Florida led the moral, and wrong. It would treat little nomic future. Today, Manchester Pledge of Allegiance as follows: human beings as commodities to be boasts a new arena, an expanding air- I pledge allegiance to the Flag of the created, experimented on, used, and de- port, and a reenergized night life of United States of America, and to the Repub- stroyed. new shops and restaurants due, in large lic for which it stands, one nation under God, Of course, some people, like the part, to Jay’s hard work. indivisible, with liberty and justice for all. Raelian cult, want to create clones and Without Jay’s guidance and keen f let them grow up. That too is wrong. business savvy, Manchester would not There should be no cloning of humans be the prosperous economic heart of HAPPY BIRTHDAY TO SUSAN B. at all. New Hampshire that it is today. Man- ANTHONY Let me read what Ronald Reagan had chester and the State of New Hamp- (Ms. ROS-LEHTINEN asked and was to say about the sanctity of life: shire are fortunate to have dedicated given permission to address the House ‘‘Every legislator, every doctor, and individuals like Jay working to make for 1 minute and to revise and extend every citizen needs to recognize that this city and this State a great place to her remarks.) the real issue is whether to affirm and live and do business. Ms. ROS-LEHTINEN. Mr. Speaker, protect the sanctity of all human life, f this month we celebrate the birthday or to embrace a social ethic where of a great woman in the history of the some human lives are valued and oth- CHALLENGES FOR SECRETARY United States, Susan B. Anthony. ers are not. As a Nation, we must POWELL Susan B. Anthony is known not only choose between the sanctity of life (Mr. KIRK asked and was given per- for her fight to gain women the right ethic and the quality of life ethic.’’ mission to address the House for 1 to vote, but also for her great courage Soon, Congress will be asked to minute and to revise and extend his re- in the stand against abortion. She was choose between protecting some human marks.) a feminist who fought tirelessly to pro- lives and protecting all human lives. I Mr. KIRK. Mr. Speaker, one of the tect the dignity of motherhood, which pray we do the right thing. challenges Secretary Powell faces is she believed to be an inherent right of f the growing isolation of Germany and all women. France from their European allies. Susan B. Anthony saw abortion as a TRIBUTE TO JUSTICE TAITAGUE NATO nations voted 16 to 3 to sup- grave offense against human dignity. I (Ms. BORDALLO asked and was port the defense of Turkey, our demo- am proud to honor Susan B. Anthony given permission to address the House cratic ally. I worry about Germany’s for her dedication to the cause of life, for 1 minute and to revise and extend growing anti-Turkish policy, first to and I hope that my colleagues will join her remarks.) oppose Turkey’s EU membership and me in this. Ms. BORDALLO. Mr. Speaker, I rise now to oppose defending the Turkish f today to pay tribute to a 5-year-old girl democracy. from Guam. Her name is Justice I worry for France. Tens of thousands HONORING KAVI VYAS Taitague, and she passed away Sunday of Britons, Canadians, and Americans (Ms. LORETTA SANCHEZ of Cali- evening. fought to free France. Now France fornia asked and was given permission Justice suffered from leukemia. Her stands for the principle that democ- to address the House for 1 minute and best chance for life was a marrow racies should be distracted from dic- to revise and extend her remarks.) transplant. Through the efforts of Dr. tators. Ms. LORETTA SANCHEZ of Cali- Thomas Shieh, president of the Guam The French Government, one wag fornia. Mr. Speaker, I rise today to Medical Society, and the Hawaiian said, they are always there when they honor Kavi Vyas, a senior at Rancho Bone Marrow Donor Registry and the need you. Alamitos High School in Garden Grove, National Marrow Donor program, the f for his achievements in both athletics first-ever marrow drive on Guam was and in community service. held. This ‘‘Drive for Justice’’ reg- RECOGNIZING CROSSWINDS YOUTH Kavi was named the male recipient of istered 3,400 donors in 3 days. SERVICES the Fall CIF Spirit of Sport Award. Together with the people of Guam, I (Mr. WELDON of Florida asked and The male and female recipients of this extend my deepest sympathy to the was given permission to address the prestigious award are selected out of family of Justice Taitague. Our hearts House for 1 minute and to revise and 1,200 nominated California high school and our prayers are with her parents, extend his remarks.) athletes. The CIF Spirit Awards are Lynn and Anthony. Mr. WELDON of Florida. Mr. Speak- given to student athletes who have National Donor Day is this Friday, er, I rise to recognize Crosswinds demonstrated sportsmanship and who Valentine’s Day. There is still a crit- Youth Services, a nonprofit organiza- are leaders in their communities. ical need for donors from the Asian, tion in my congressional district that In addition to excelling in athletics Pacific Islander, and other minority has served Florida’s Space Coast for and in the community, he is also active communities. Give the gift of life. Join the past 28 years. in his school as president of the Junior the registry. Because of Justice, many Yesterday, February 10, Crosswinds Statesmen of America, former vice others will now have life. Youth Services received the prestigious

VerDate Jan 31 2003 00:02 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.006 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H333 National Network for Youth Agency of b 1415 United Nations will be relevant in the the Year Award, and I am proud to rec- HONORING CROSSWINDS YOUTH world community. One of these deci- ognize their outstanding achievement. SERVICES sions is whether or not they will allow The National Network for Youth a terrorist state and a human rights (Mr. FEENEY asked and was given states in its award letter: ‘‘It is truly a abuser like Libya to chair the U.N. permission to address the House for 1 great honor that Crosswinds Youth Commission on Human Rights. minute and to revise and extend his re- Services this year has been judged to Mr. Speaker, we represent a country marks.) be the best organization in the Nation founded on the principles of life, lib- Mr. FEENEY. Mr. Speaker, I am serving runaway, homeless, and other erty and the pursuit of happiness. We proud to join my colleague from Flor- youth in crisis. This award goes to the should not, and I pray we will not, use ida in recognizing Crosswinds in best among the best in America. Cross- taxpayers’ dollars to support any com- Brevard County, Florida. winds is the first organization in Flor- mission chaired by a nation with such President Bush reminds us that ida to win this award.’’ an outrageous record on human rights. America is a great, compassionate na- According to the National Network Mr. Speaker, I urge my colleagues in tion, and there is no better example join me in condemning Libya’s involve- for Youth, each year in America, 5,000 than Crosswinds, which serves the runaways die from assault, illness, and ment with the U.N. Commission on youth and the teenagers and runaways Human Rights. suicide. that come to our community. They Crosswinds is an extraordinary orga- have won the prestigious National Net- f nization doing extraordinary work. The work for Youth Award, and we are very LIBYA’S BLATANT DISREGARD men and women involved in this orga- proud of them. FOR HUMAN RIGHTS nization need to be commended, and I I was especially proud to be there as (Mr. PUTNAM asked and was given am honored to rise in support of them Boeing employees, who contributed permission to address the House for 1 on this day. huge amounts of their own dollars vol- minute and to revise and extend his re- untarily opened the Boeing room at marks.) f this fine facility. I was also proud to Mr. PUTNAM. Mr. Speaker, as the lead the Duck Race this year, where we United Nations charges towards irrele- CONFRONTING THREATS raised money by floating some 10,000 vance, we have this latest news that TOGETHER ducks over the Intercoastal River. I Libya has been selected to become will tell you that the fine people who Chair of the United Nations Commis- (Mr. BEREUTER asked and was lead this organization, including Jan given permission to address the House sion on Rights. Lokay, Jim Ross, Cynthia Handley and Libya continues to be a blatant vio- for 1 minute and to revise and extend many, many others really care deeply his remarks.) lator of human rights and remains on about children. our own State Department’s list of Mr. BEREUTER. Mr. Speaker, in Finally, I want to recognize the state sponsors of terror. Libya’s totali- Brussels today, the North Atlantic young children that are working hard tarian regime under Muammar Qadhafi Council of the NATO Alliance con- to turn their lives around for a better has been a leading state sponsor of ter- tinues to deliberate on a matter that future, Mr. Speaker. There is no better rorism, including on November 13 the has potentially grave consequences for example of President Bush’s call for German court which convicted a Liby- the alliance. France, Germany, and American compassionate leadership an national for the bombing in 1986 of Belgium have blocked the consultation than Crosswinds in Brevard County. the La Belle disco in Berlin; and the and planning for the defense of Turkey, f court further declared that there was which that country has requested by CONDEMNING LIBYA’S INVOLVE- clear evidence of responsibility of the the unprecedented invocation of article MENT IN THE UNITED NATION’S Libyan Government for the bombing. IV of the NATO Treaty. COMMISSION ON HUMAN RIGHTS Additionally, Libya was responsible for At best, it would inexcusably delay the explosion of Pan American Airline planning for the defense of an ally, pos- (Mrs. MUSGRAVE asked and was given permission to address the House Flight 103 that crashed in Lockerbie, sibly leading to an avoidable loss of life Scotland, killing 259 passengers and should Turkey come under attack. At for 1 minute and to revise and extend her remarks.) crew and 11 citizens on the ground. worst, it means the very end of the al- To add insult to injury in this latest liance, as its core mutual defense guar- Mrs. MUSGRAVE. Mr. Speaker, I rise today to express my strong objection mockery of the United Nations, Iraq is antee would be exposed as nothing in line to chair the United Nations more than empty words from the and even my disgust at the recent se- lection of Libya as the Chair of the Conference on Disarmament later this French, German, and Belgian govern- year. ments. United Nations Commission on Human Rights. Mr. Speaker, the world needs a cred- No longer is this a question of wheth- It is shameful and it defies logic for ible spokesman for human rights and er authorizing NATO planning some- Libya to sit in judgment of any nation democratic values. The ascension of how signals a decision to use military on the critical issue of human rights. Libya to chair this body and the ascen- force against Iraq. This was the argu- Libya is widely known to be a sponsor sion of Iraq to chair the Conference on ment used by the three allies on Mon- of international terrorism and an Disarmament make a further mockery day when they blocked a response to abuser of the most basic human rights. of the Commission and the entire Turkey’s article IV request. The American people will never for- United Nations. Should France, Germany, and Bel- get that the Libyan terrorists were the f gium continue to object to prudent ones who hijacked Pan Am Flight 103 COMMUNICATION FROM THE contingency planning to deter or to de- and murdered hundreds of innocent CLERK OF THE HOUSE fend against a possible threat to Tur- passengers. key, the core collective-defense com- Mr. Speaker, it is very evident that The SPEAKER pro tempore (Mr. mitment of the alliance will be called the only thing Libya knows about OTTER) laid before the House the fol- into doubt. human rights is how to abuse them. lowing communication from the Clerk This Member hopes that President Any notion that a terrorist nation such of the House of Representatives: Chirac, Chancellor Schroder, and as Libya should lead any commission OFFICE OF THE CLERK, Prime Minister Verhofstadt recognize on human rights is absolutely repug- HOUSE OF REPRESENTATIVES, that this is no longer an Iraq question. nant. Washington, DC, February 7, 2003. Hon. J. DENNIS HASTERT, This is no longer a U.N. question. This Mr. Speaker, our President has made Speaker, House of Representatives, is now a question about whether the 19 it very clear, the United Nations has Washington, DC. NATO allies will fulfill their solemn some important decisions to make that DEAR MR. SPEAKER: Pursuant to the per- treaty commitments. will determine whether or not the mission granted in Clause 2(h) of Rule II of

VerDate Jan 31 2003 00:33 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.008 H11PT1 H334 CONGRESSIONAL RECORD — HOUSE February 11, 2003 the Rules of the U.S. House of Representa- holders, strengthening investor con- H. CON. RES. 27 tives, I have the honor to transmit a sealed fidence in the market, and encouraging Whereas on January 20, 2003, Libya, a gross envelope received from the White House on more investment, we will have more violator of human rights and state sponsor of February 7, 2003 at 1:43 p.m. and said to con- growth and job creation. These steps terrorism, was elected to chair the United tain a message from the President whereby will allow Americans to keep more of Nations Commission on Human Rights he submits the Economic Report of the (‘‘Commission’’), a body charged with the re- President and the 2003 Annual Report of the their own money to spend, save, or in- sponsibility of promoting universal respect Council of Economic Advisers. vest. They will boost the economy, en- for human rights and fundamental freedoms With best wishes, I am sure that the recovery continues, and for all; Sincerely, provide long-term economic benefits Whereas according to the rotation system JEFF TRANDAHL, through higher productivity and higher which governs the selection of the Executive Clerk of the House. incomes. Board of the Commission, 2003 was des- f As our economy recovers, we also ignated as the year for the Africa Group to have an obligation to help Americans chair the Commission, and the Africa Group ECONOMIC REPORT OF THE PRESI- selected Libya as its candidate; DENT—MESSAGE FROM THE who have lost their jobs. That is why Whereas South Africa’s Democratic Alli- PRESIDENT OF THE UNITED we extended unemployment payments ance spokeswoman, Dene Smuts, was quoted STATES (H. DOC. NO. 108–2) for workers who lost their jobs and im- by the British Broadcasting Corporation as proved incentives for investment to saying that the South African Government’s The SPEAKER pro tempore laid be- create new jobs. I also proposed a bold decision to support Libya’s election was an fore the House the following message new program of reemployment ac- insult to human rights and that African from the President of the United counts to help workers searching for countries ‘‘should have supported a can- didate of whom all Africans could be proud’’; States; which was read and, together jobs. with the accompanying papers, without Whereas Amnesty International has re- Our commitment to a strong econ- peatedly documented that Libya’s human objection, referred to the Joint Eco- omy does not stop with these impor- rights situation continues to seriously dete- nomic Committee and ordered to be tant steps. We will continue to riorate with gross violations taking place printed. strengthen investor confidence in the systematically, extrajudicial execution used against government opponents, and political ECONOMIC REPORT OF THE PRESIDENT integrity of our markets. We will de- velop better ways to train workers for detainees routinely tortured physically and TRANSMITTED TO THE CONGRESS, psychologically during interrogation, with FEBRUARY 2003, TOGETHER WITH THE new jobs. We will make the Nation’s some detainees dying in custody as a result; ANNUAL REPORT OF THE COUNCIL OF regulations and tax code less onerous Whereas Human Rights Watch recently un- ECONOMIC ADVISERS and more reflective of the demands of a derscored that ‘‘[o]ver the past three dec- dynamic economy, and expand opportu- ades, Libya’s human rights record has been To the Congress of the United States: nities for open trade and stronger appalling’’ and ‘‘Libya has been a closed The economy is recovering from the growth in all nations, especially for country for United Nations and nongovern- effects of the slowdown that began in emerging and developing economies. mental human rights investigators’’; Whereas Human Rights Watch further the middle of 2000 and led to the subse- Our Nation’s economic progress quent recession. The American econ- stated that ‘‘Libya’s election poses a real comes from the innovation and hard test for the Commission . . . [r]epressive gov- omy has been hit hard by the events of work of Americans in a free market the past three years, most tragically ernments must not be allowed to hijack the that creates opportunities no other U.N. human rights system’’; by the effects of the terrorist attacks system can offer. Government does not Whereas the Lawyers Committee for of September 11, 2001. Our economy and create wealth, but instead creates the Human Rights stated that ‘‘the Government investor confidence were hurt when we economic environment in which risk of Libya should not be entrusted by the learned that some corporate leaders takers and entrepreneurs create jobs. United Nations to lead its international ef- were not playing by the rules. The fort to promote human rights around the With the right policies focused on world’’; combined impact of these events, along growth and jobs, strong economic fun- with the three-year decline in stock Whereas Freedom House declared that ‘‘[a] damentals—and hard work—I am con- country [such as Libya] with such a gross values that impacted business invest- fident we will extend economic oppor- record of human rights abuses should not di- ment, slowed growth in 2002. Despite tunity and prosperity to every corner rect the proceedings of the UN’s main human these challenges, the economy’s under- of America. rights monitoring body . . . [t]his will under- lying fundamentals remain solid—in- mine the UN’s moral authority and send a GEORGE W. BUSH. strong and clear message to fellow rights cluding low inflation, low interest THE WHITE HOUSE, February 2003. rates, and strong productivity gains. violators that they are in the clear’’; f Yet the pace of the expansion has not Whereas on November 13, 2001, a German ANNOUNCEMENT BY THE SPEAKER court convicted a Libyan national for the been satisfactory; there are still too bombing in 1986 of the La Belle disco in Ber- many Americans looking for jobs. We PRO TEMPORE lin, in which two United States servicemen will not be satisfied until every part of The SPEAKER pro tempore. Pursu- were killed, and the court further declared our economy is vigorous and every per- ant to clause 8 of rule XX, the Chair that there was clear evidence of responsi- son who wants a job can find one. will postpone further proceedings bility of the Libyan Government for the We are taking action to restore the today on motions to suspend the rules bombing; robust growth that creates jobs. In Whereas Libya was responsible for the De- on which a recorded vote or the yeas cember 21, 1988, explosion of Pan American January, I proposed a growth and jobs and nays are ordered or on which the Airline Flight 103 en route from London to plan to add needed momentum to our vote is objected to under clause 6 of New York that crashed in Lockerbie, Scot- economic recovery. We will accelerate rule XX. land, killing 259 passengers and crew, and 11 the tax relief already approved by Con- Record votes on postponed questions others on the ground; gress and give it to Americans now, will be taken after 6:30 p.m. today. Whereas a French court convicted six Lib- yan Government officials in absentia for the when it is most needed. Lowering tax f rates and moving more Americans into bombing of UTA Flight 772 over Niger in CONDEMNING THE SELECTION OF 1989; the lowest tax bracket will help our Whereas United Nations Resolution 748 of economy grow and create jobs. Faster LIBYA TO CHAIR THE UNITED NATIONS COMMISSION ON March 31, 1992, imposed an arms and air em- marriage tax relief and a faster in- bargo on Libya and established a United Na- crease in the child tax credit will espe- HUMAN RIGHTS tions Security Council sanctions committee cially help middle-class families, and Mr. HYDE. Mr. Speaker, I move to to address measures against Libya; should take effect now. We will take suspend the rules and agree to the con- Whereas United Nations Resolution 883 of steps to encourage small business in- current resolution (H. Con. Res. 27) November 11, 1993, tightened sanctions on vestment, helping them to expand and condemning the selection of Libya to Libya, including the freezing of Libyan funds and financial resources in third countries, create jobs. We will end the unfair dou- chair the United Nations Commission and banned the provision to Libya of equip- ble taxation of corporate income re- on Human Rights, and for other pur- ment for oil refining and transportation; ceived by individuals. By putting more poses. Whereas United Nations Resolution 1192 of money back in the hands of share- The Clerk read as follows: August 27, 1998, reaffirmed that the measures

VerDate Jan 31 2003 00:33 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.003 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H335 set forth in previous resolutions remain in affirmed that terrorism constitutes a threat linois (Mr. HYDE) and the gentleman effect and binding on all member states, and to international peace and security as well from California (Mr. LANTOS) each will further expressed the intention of the United as to humanity in general and indeed to the control 20 minutes. Nations to consider additional measures if very foundation on which democracies are The Chair recognizes the gentleman the accused individuals for Pan Am Flight built . . . [and] [t]he most recent terrorist at- 103 and UTA Flight 772 bombings had not ar- tacks confirm that international coopera- from Illinois (Mr. HYDE). rived or appeared for trial promptly in ac- tion against terrorism will remain a long- GENERAL LEAVE cordance with paragraph 8 of the Resolution; term effort and requires a sustained uni- Mr. HYDE. Mr. Speaker, I ask unani- Whereas in January 2001 a three-judge versal commitment’’; and mous consent that all Members may Scottish court sitting in the Netherlands Whereas although United Nations sanc- have 5 legislative days within which to found Libyan Abdel Basset al-Megrahi guilty tions against Libya have been suspended, the revise and extend their remarks and in- of the bombing of Pan Am Flight 103, sen- sanctions remain in effect, and Libya’s con- tenced him to life imprisonment, and said it tinued status as an international outlaw na- clude extraneous material on H. Con. accepted evidence that he was a member of tion and its continued unwillingness to ac- Res. 27, the concurrent resolution Libya’s Jamahariya Security Organization, cept responsibility for its terrorist actions under consideration. and in March 2002 Scottish appeal judges in should bar it from consideration as a can- The SPEAKER pro tempore. Is there the Netherlands upheld his conviction; didate for membership in the United Nations objection to the request of the gen- Whereas as recently as January 12, 2003, Security Council or any other United Na- tleman from Illinois? Libyan leader, Moammar Gaddafi, in an tions entity or affiliated agency: Now, there- There was no objection. interview with Newsweek- Washington Post fore, be it Mr. HYDE. Mr. Speaker, I yield my- Resolved by the House of Representatives (the reporter, Lally Weymouth, failed to accept self such time as I may consume. responsibility for the attack and had the au- Senate concurring), That Congress— dacity of calling for the United States to (1) strongly condemns the selection of Mr. Speaker, I rise in support of this share the burden of compensation; Libya to chair the United Nations Commis- bipartisan measure, condemning the Whereas Libya remains on the Department sion on Human Rights (‘‘Commission’’) ; selection of Libya as the Chair of of State’s list of state-sponsors of terrorism; (2) commends the President and the Ad- United Nations Commission on Human Whereas the United States found the selec- ministration for the principled position of Rights. tion of Libya to chair the Commission to be the United States in objecting to and calling Despite the best efforts of the United an affront to international human rights ef- for a vote on Libya’s chairmanship of the States and a handful of other coun- Commission; forts and, in particular, to victims of Libya’s tries, Libya was elected to this posi- repression and Libyan-sponsored terrorism, (3) commends countries which joined the and therefore broke with precedent and United States in objecting to Libya’s selec- tion on January 20 of this year. For a called for a recorded vote on Libya’s chair- tion as chair of the Commission; country whose own human rights manship; (4) expresses its dismay at the European record will not stand up to scrutiny, Whereas Canada and one other country Union common position of abstention on the Libya is certainly in no position to joined the United States in voting against critical vote over Libya’s chairmanship; stand in judgment of any other coun- Libya and 17 other countries abstained; (5) is appalled at the support provided to try. Virtually every human rights or- Libya in its efforts to lead the Commission; Whereas the European Union’s common po- ganization has condemned Libya’s fla- sition was to abstain from the vote objecting (6) will hold accountable countries who to Libya’s selection as chair of the Commis- voted in favor of Libya’s chairmanship; grant disregard for human rights and sion; (7) highlights its grave concern over the the rule of law. Unfortunately, some 17 Whereas 33 countries ignored Libya’s continuing efforts of human rights violators countries abstained in the vote for the record on human rights and status as a coun- and terrorist countries to use international Commission’s Chair, including all of try subject to United Nations sanctions for fora to legitimize their regimes and continue the members of the European Union, the terrorist bombing of Pan Am Flight 103 to act with impunity, and calls on the Presi- who choose to look the other way and and voted for Libya to lead the Commission; dent to raise United States objections to such efforts during bilateral and multilat- let Libya attain this coveted post. Whereas the majority of these countries How is it that a country such as are United States foreign aid recipients; eral discussions and to direct pertinent Cabi- Whereas the selection of Libya to chair the net secretaries to do the same; Libya will soon be in a position to con- Commission is but the most recent example (8) calls on countries at various stages of trol the proceedings of the U.N.’s main of a malaise plaguing the Commission, democratization to demonstrate their com- human rights monitoring body? whereby its credibility has been called into mitment to human rights, democracy, peace Historically, the chairmanship of the question in recent years as its membership and security, and support efforts to reform commission rotates among the major ranks have swelled with other egregious the Commission; regional groupings in the U.N. system. human rights violators; (9) calls on the President to instruct the This year the opportunity to nominate Whereas the United States’ challenge is Secretary of State to consult with the appro- part of a broader effort to reform the Com- priate congressional committees, within 30 a candidate fell to the Africa group mission, reclaim it from the oppressors, and calendar days of adoption of this resolution, which selected Libya as Africa’s can- ensure that it fulfills its mandate; regarding the United States priorities and didate. Their selection was primarily Whereas on January 20, 2003, Ambassador strategy for the 59th session of the Commis- in recognition of financial support Kevin Moley, United States Permanent Rep- sion on Human Rights and strategy and pro- Libya provided toward the establishing resentative to the United Nations and Other posals for reform of the Commission; a new Africa union to succeed the inef- International Organizations in Geneva, em- (10) calls on the President to issue an ob- fective Organization for African Unity. jection to the continued suspension of sanc- phasized that ‘‘[w]e seek to actively engage It is also due in part to Libya’s backing and strengthen the moral authority of the tions against Libya and to call for their full Commission on Human Rights, so that it reinstatement until Libya publicly accepts of the new African Partnership for De- once again proves itself a forceful advocate responsibility for the Pan Am Flight 103 velopment, an initiative led by African for those in need of having their human bombing, provides appropriate compensation states such as South Africa, Nigeria rights protected . . . [w]e are convinced that to the victims, and is in full compliance with and Senegal, that calls for increased the best way for the Commission to ensure all of the other requirements of the United trade benefits and debt relief from the the ideals of the Universal Declaration of Nations sanctions imposed as a result of West in exchange for commitments to Human Rights over the long-term is to have Libya’s orchestration of the Pan Am 103 ter- rorist attack; and promote human rights and good gov- a membership comprised of countries with ernance across the continent. strong human rights records at home’’; (11) calls on the Secretary of State to en- Whereas a majority of the 53 member gage member countries to support United Needless to say, Libya’s central role states of the Commission are participants in States efforts to ensure that states that are in these initiatives will undermine the Community of Democracies and signed gross violators of human rights, sponsors of their credibility. According to Human the Seoul Declaration of November 12, 2002, terrorist activities, or subject to United Na- Rights Watch, ‘‘Over the past 3 dec- calling upon democratic nations to work to- tions sanctions will not be elected to leader- ades, Libya’s human rights record has gether to uphold the principles of democ- ship positions in the United Nations General been appalling and Libya has been a racy, freedom, good governance, and ac- Assembly nor will they be elected to mem- bership or leadership positions on the United closed country for United Nations and countability in international organizations; nongovernmental human rights inves- Whereas the participants in the Seoul Min- Nations Commission on Human Rights, the isterial meeting of the Community of De- United Nations Security Council, or any tigators.’’ mocracies issued a Statement on Terrorism other United Nations entity or affiliated Freedom House declared that Libya’s in which they ‘‘strongly denounced terrorism agency. chairmanship would ‘‘undermine the as a grave threat to democratic societies and The SPEAKER pro tempore. Pursu- U.N.’s moral authority and send a the values they embrace . . . [they] re- ant to the rule, the gentleman from Il- strong and clear message to fellow

VerDate Jan 31 2003 00:02 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.002 H11PT1 H336 CONGRESSIONAL RECORD — HOUSE February 11, 2003 rights violators that they are in the tims, and is otherwise in full compli- Saddam Hussein’s reward for 13 years clear.’’ We do not have to go any fur- ance with all the requirements of the of success in his efforts to defeat U.N. ther than the most recent State De- United Nations sanctions. sanctions and inspectors by rebuilding partment Human Rights Report to I urge my colleagues to join me in his capacity to create mass havoc with learn that Libya’s extensive security supporting this very important resolu- chemical, biological, radiological and forces continue to commit numerous tion. nuclear weapons. serious human rights abuses. Mr. Speaker, I reserve the balance of Mr. Speaker, in response to these Qadhafi uses summary judicial pro- my time. twin outrages, many of my colleagues ceedings to suppress domestic opposi- Mr. LANTOS. Mr. Speaker, I yield here today will no doubt argue that tion, and torture is used as a punish- myself such time as I might consume, enough is enough and conclude that it ment and during interrogations. With and I rise in strong support of H. Con. is time to pull the plug in our partici- prisoners held incommunicado, many Res. 27. pation of such U.N. agencies. I fully un- political detainees are held for years Mr. Speaker, this important resolu- derstand their sentiment, but as we without charge. Libya’s government tion condemns in the strongest possible have seen in the current Iraq crisis, the restricts freedom of speech, press, as- terms the absurd selection of Libya as U.N. is both a reality and, to some ex- sembly, and religion. Violence against Chair of this year’s United Nations tent, a necessity. We cannot solve all women is a widespread problem, as is Commission on Human Rights. Let me of the world’s problems without a the use of forced labor and repression begin, Mr. Speaker, by expressing my forum to discuss our differences and against key tribal groups. In short, sincere gratitude to my colleagues hopefully to coordinate our responses. Libya’s record should disqualify it across the aisle, our distinguished Mr. Speaker, it is my sincere hope from membership in the 53-member Committee on International Relations that H. Con. Res. 27, the first piece of commission, not to speak of any claim chairman, the gentleman from Illinois foreign policy legislation to be consid- it might have to chair its proceedings. (Mr. HYDE), and the gentlewoman from ered by the 108th Congress, will be re- We are well aware that Libya has yet Florida (Ms. ROS-LEHTINEN), who membered as a watershed event in our to clear its name in connection with chairs our Subcommittee on Inter- efforts to reclaim the United Nations the 1988 terrorist bombing of Pan Am national Operations and Human human rights commission and other 103 over Lockerbie, Scotland, which Rights, for collaborating with us on hopelessly misguided institutions from killed 270 people. Although one of two the text of this important resolution. the rogue states which have captured former Libyan intelligence agents was Mr. Speaker, on January 20, Colonel them for their own propaganda pur- convicted in the case 2 years ago and Muammar el-Gaddafi’s Orwellian re- poses. the conviction was upheld on appeal, gime, a state sponsor of terrorism and This resolution is only a first step. Qadhafi continues to deny all responsi- a gross violator of human rights under We must follow up with a multipronged bility for the bombing and has yet to United Nations sanctions, was elected effort to bolster U.S. leadership at the pay compensation to the surviving by member states to chair the United U.N. and to reform its membership and family members to the victims of that Nations Commission on Human Rights, leadership criteria. terrorist attack. a body charged with responsibility for First, Mr. Speaker, we have to in- While temporarily suspended, U.N. promoting universal respect for human crease the capacity of our State De- sanctions as a result of the Pan Am 103 rights and fundamental freedoms for partment to engage in multilateral di- bombing remain applicable against all. This, Mr. Speaker, is the ultimate plomacy. Our diplomats have to be- Libya, whose continuing status as an theater of the absurd. come more effective in lobbying other outlaw nation should bar it from con- By virtue of its position in the Africa governments to vote with the United sideration as a candidate for member- group of member states in the United States on critical matters at the U.N. ship in the U.N. Security Council or Nations, Libya emerged as the pre- The United States must also engage any other U.N. body. The very credi- ordained Chair of the U.N. human in a vigorous and sustained effort to es- bility of the United Nations has been rights commission. tablish and to build a new democracy called into question with this Libyan Traditionally, Mr. Speaker, this post caucus within the U.N. that will assist selection. has rotated among the U.N.’s geo- democratic nations to work within and The United States will obviously graphic groups, with each group re- across regional lines to promote demo- have no easy task in reforming the specting the other’s nominee without a cratic leadership within the U.N. sys- Commission, ensuring that it fulfills challenge. Realizing that the Africa tem. the ideals of the Universal Declaration group’s turn was due and that, appall- Finally, Mr. Speaker, we need to en- of Human Rights. The place to begin, ingly, Libya would be its choice, our gage in a comprehensive effort to re- in my view, is to ensure that the Com- administration took the unprecedented form the outmoded system of regional mission has a membership comprised of step of breaking with tradition and voting and decision-making, and we countries with strong human rights challenging Libya’s nomination. must challenge rotational alphabetical records. It was the right move, Mr. Speaker. and other leadership schemes that per- The United States cannot stand idly by mit nations under U.N. sanctions to as- 1430 b as monstrous abusers of human rights sume leadership positions at the It should, for example, include par- such as Libya hijack the human rights United Nations. ticipants in the community of democ- commission. I urge my colleagues to support this racies who have signed the Seoul dec- Given the absurd realities of the measure and to continue to work to- laration of November 2002, calling upon United Nations in so many instances, ward a more rational, sane, and effec- democratic nations to work together to our protest was too little, too late, and tive United Nations. uphold the principles of democracy, Libya survived the challenge. Only Mr. Speaker, I reserve the balance of freedom, good government, and ac- Canada and Peru had the courage to my time. countability in international organiza- stand by us in standing up to this out- Mr. HYDE. Mr. Speaker, I am pleased tions. rage. to yield 5 minutes to the gentlewoman I look forward to consulting with the Although this piece of legislation fo- from Florida (Ms. ROS-LEHTINEN). Secretary of State on our priorities of cuses on the selection of Libya to chair Ms. ROS-LEHTINEN. Mr. Speaker, I strategy for the upcoming 59th session the human rights commission, it is thank the chairman for yielding me of the commission and for its long- also relevant to a similar outrage the time. term reform and renewal. which we learned about only recently. As we have heard, Mr. Speaker, on I would also call upon the President Because of an absurd alphabetical rota- January 20 of this year, Libya, a gross to resist any effort now to lift U.N. tion scheme, Saddam Hussein’s Iraq is violator of human rights and a state sanctions against Libya until that set to assume the presidency of the sponsor of terrorism, was elected to country publicly accepts responsibility United Nations Conference on Disar- chair the United Nations Commission for the Pan Am 103 bombing, provides mament for a 30-day term starting on on Human Rights despite the Bush ad- appropriate compensation to the vic- May 1. Apparently, Mr. Speaker, this is ministration’s best effort to block this

VerDate Jan 31 2003 02:00 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.013 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H337 farce. Hiding behind procedural expla- teria for accreditation of nongovern- nois and the gentleman from Cali- nations and diplomatic maneuverings, mental organizations to the commis- fornia, for bringing this very important 33 countries ignored Libya’s use of ter- sion, to make sure that these NGOs are resolution to the House floor. It is, I ror, extrajudicial killings, arbitrary ar- not agents of violator governments; believe, a moral imperative and a mat- rests, persecution and harassments of also, to provide recognized prisoners of ter of principle that this House speak political opponents, the selling of conscience and human right dissidents as one today. human beings into bondage as slaves; in exile an opportunity to render testi- The selection on January 20 of Libya, and instead, they voted for Libya to mony on the situation of their country a gross, and I have heard that word preside over this foremost human of origin during debate of pertinent used a number of times, and in our own rights body. resolutions at the annual session of the lexicon of law ‘‘gross’’ means beyond The commission is one of the few commission. the pale, a gross violator of human international forums confronting This resolution extends beyond the rights and a state sponsor of terrorism human rights violators, and it sets commission. It seeks to prevent a rep- to ironically chair the United Nations much of the tone and the agenda for a etition of this unacceptable situation Commission on Human Rights is, in my global human rights accountability. Its in other U.N. fora, forums such as the opinion, an affront to basic decency mission essentially is to give voice to Conference on Disarmament which and it demeans the United Nations those who are oppressed; thus, the se- may have Iraq at its helm in May of itself. lection of Libya was not only a defeat this year. And to achieve these goals, Absurd, grotesque, tragic. Those are for justice and human dignity but a be- Mr. Speaker, the resolution calls for a just a few of the words that have been trayal of all those brave souls world- diplomatic initiative to ensure that used to describe Libya’s election to wide who risk imprisonment, exile or states that are gross violators of this post. Our State Department in- even death to fight for universal rights human rights, sponsors of terrorist ac- cludes Libya on its list of state spon- and for fundamental freedoms. tivities or subject to U.N. sanctions, sors of terrorism. Amnesty Inter- It was, and is, a betrayal of millions they will not be afforded membership national has documented Libya’s upon millions living under brutal re- or elected to any leadership position on extrajudicial execution of government gimes from North Korea to Cuba to any non-General Assembly U.N. entity opponents and torture of political de- China to Vietnam to Iran and Iraq. It or affiliated agency. tainees. Human Rights Watch has is a betrayal also of the suffering en- Article V, in fact, of the U.N. charter called Libya’s human rights record dured by the families of the victims of provides, in principle, the suspension of over the last three decades appalling. Pan Am Flight 103. It shows contempt a member state’s rights if it is subject Imagine, the Commission on Human for the mission and work of the com- to U.N. sanctions. In addition, the reso- Rights, which claims to stand for free mission, and it only serves to empower lution seeks to address attempts made elections, free expression and fair and embolden pariah states who are in- by the Libyan dictator to escape his re- trials, will now be chaired by a Nation creasing their presence on the commis- gime’s responsibility for the Pan Am that has not had a free election since sion and manipulating its agenda in 103 bombing. It calls on the President Colonel Qaddafi seized power in 1969. order to legitimize their unacceptable to seek full reinstatement of sanctions Imagine, the Commission on Human practices. against Libya until it is in full compli- Rights will now be chaired by a nation How can a regime which does not ance with all of its obligations under that itself refuses, refuses to admit allow U.N. human rights monitors into these sanctions, sanctions which were U.N. human rights investigators. Imag- its borders and refuses to comply with imposed, Mr. Speaker, as a result of ine, the Commission on Human Rights its obligation under international Libya’s orchestration of this terrorist will now be chaired by a nation that human rights covenants be a member attack. was responsible for the 1988 bombing of of the commission, much less be elect- Finally, Mr. Speaker, this is a com- Pan Am Flight 103 that killed 270 peo- ed to preside over it? How can a nation prehensive, forward-looking resolution ple, and they harbored for years and subject to U.N. sanctions for its role in which seeks to restore the commis- years the perpetrators of that act; re- terrorist attacks be rewarded with a sion’s moral authority as well as the sponsible for the 1986 bombing of La leadership position such as this? relevance of other U.N. bodies so they Belle Disco in Berlin that killed two Enough is enough. The U.S. cannot may fulfill their mandates. It enjoys U.S. servicemen; and for the 1989 bomb- and will not sit idly by and allow dic- bipartisan support, and I ask my col- ing of UTA Flight 772 over Niger. tators and terrorist states to further leagues to vote for passage of this reso- The selection of Libya to head the hijack the commission and other U.N. lution today. Commission on Human Rights under- bodies. Mr. LANTOS. Mr. Speaker, I am de- mines the credibility, integrity, and That is why the resolution before us, lighted to yield as much time as he relevance of the United Nations. We which I had the pleasure of drafting might consume to the gentleman from must not, I repeat, Mr. Speaker, we with my friend, the gentleman from Il- Maryland (Mr. HOYER), the distin- must not countenance or ignore or ra- linois (Mr. HYDE), the distinguished guished Democratic whip, one of the tionalize the dangerous, illegal and de- chairman of the Committee on Inter- most effective global fighters for stabilizing behavior by criminals and national Relations, and the gentleman human rights in this body or any place. nations whose rogue status endangers from California (Mr. LANTOS), our Mr. HOYER. Mr. Speaker, the gen- international security and stability. ranking member, not only provides tleman from California is very kind, The only bright spot in this other- overwhelming evidence about Libya’s and I thank him for his remarks; but wise outrageous, dismal act is that it record on human rights and terrorism more than that, I thank him for his may, it just may spur the international but gives direction and support to the leadership on this issue and so many community to closely scrutinize Bush administration as it attempts to issues of vital concern to human rights Libya’s human rights record and force reclaim the commission from the ty- internationally. serious thinking about reforming the rants. I also want to thank my very good Commission and the way of selecting Toward this goal, we look forward to friend, the gentleman from Illinois the Commission. I urge our govern- continuing our discussions with the ad- (Mr. HYDE), the chairman. He himself ment, Mr. Speaker, to work to accom- ministration on such possible areas of is a giant in standing up for human plish both of those ends. reform such as the establishment of at rights. He and I have traveled overseas I believe this resolution is an impor- least a minimum set of standards and participated in the Helsinki proc- tant step in focusing our attention on which should be met by all states who ess together, he chairing delegations this egregious act of irresponsibility by seek to be members of this body; also, on which I had the honor of serving the United Nations and by its member the creation of a democracy caucus with him. states, and I urge my colleagues to sup- where its members make decisions port unanimously this very important based on shared values and commit- b 1445 resolution. ments, rather than regional or bilat- Mr. Speaker, I want to thank my Again, I thank the chairman, the dis- eral considerations; to establish cri- good friends, the gentleman from Illi- tinguished gentleman from Illinois,

VerDate Jan 31 2003 02:00 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.018 H11PT1 H338 CONGRESSIONAL RECORD — HOUSE February 11, 2003 and my friend, the gentleman from The preamble of the United Nations’ Charter United States named Libya a state sponsor of California, for yielding me this time appropriately states: ‘‘We the peoples of the terrorism on December 29, 1979. and for their leadership in this effort. United Nations determined to reaffirm faith in Libya was suspected of being involved in Mr. HYDE. Mr. Speaker, I yield my- fundamental human rights.’’ As Libya assumes the April 5, 1986 bombing of a Berlin nightclub self such time as I may consume to say the chair of the U.N.’s Commission on Human frequented by U.S. Armed forces personnel. what a pleasure it is to work with the Rights, it is clear that this faith has been seri- Three U.S. soldiers died in the blast. On April gentleman from California (Mr. LAN- ously compromised. 15, 1986 the United States bombed three tar- TOS) and the gentleman from Maryland It is appalling that a nation with a clear and get areas in Libya in retaliation for the Berlin (Mr. HOYER) on important issues such consistent record of complete disregard for incident. as these. They are immensely helpful human rights now stands in this key role in The United States and the United Kingdom and, as I say, are a real pleasure. helping combat human rights violations. I be- accused Libya of complicity in the December Mr. Speaker, I have no further re- lieve that the legitimacy of this Commission 21, 1988 explosion of Pan American Airways quests for time, and I yield back the has been lost and thousands of innocent men flight 103 en route from London to New York balance of my time. and women across the world, who fall victim that crashed in Lockerbie Scotland, killing 259 Mr. LANTOS. Mr. Speaker, I yield to harsh and unfair treatment every day, will passengers and crew and 11 people on the myself such time as I may consume to continue to suffer without hope as long as na- ground. Also, France suspected that Libyans echo the words of my good friend from tions like Libya lead the fight to protect human were involved in the bombing and crash of Illinois. It is a pleasure and an honor rights by chairing this commission. UTA flight 772 over Niger in Africa in 1989. to begin yet another session of Con- I join my colleagues in supporting H. Con. The United States has noted al-Qadhafi re- gress with him. We look forward to Res. 27, which condemns the selection of cent recantations on his support for terrorism achieving many things together. Libya to chair the United Nations Commission with some skepticism and caution. Mr. STARK. Mr. Speaker, today, I rise to ex- on Human Rights. Mr. Speaker, if indeed Mr. al-Qadhafi and press my grave concerns with the content of Mr. DELAY. Mr. Speaker, on the basis of his regime have indeed reformed, the civilized the resolution condemning the election of abominations like Libya’s recent election to world would feel a lot better if they had more Libya to chair the United Nations Commission chair the Human Rights Commission, it’s plain time to establish a favorable track record in on Human Rights. that the U.N. has tripped over the final preci- this regard. To reward such recent behavior I abhor Libya’s human rights record. I don’t pice and is now descending ever-deeper into with this very important and prestigious ap- agree with Libya’s selection to head the Com- the abyss of moral relativism. pointment makes a mockery of what this com- mission. But, the members of the United Na- We’ve seen from the U.N., for decades, a mission stands for. tions have held a legitimate, democratic vote. flagrant pattern of amoral accommodation, cal- Despite our serious reservations we have a culated appeasement, and even the willful Mr. CARDIN. Mr. Speaker, I rise in strong responsible obligation to abide by the U.N.’s suppression of the distinction between good support today of H. Con. Res. 27, which con- decision. We should not, as this resolution and evil itself. demns the selection of Libya to chair the calls for, hold nations accountable for their We see a disturbing lesson at work: In the United Nations Commission on Human Rights. votes. United Nations of the Twenty-First Century, a The international community has long In a straight up or down vote, the U.N. documented record of state-sponsored ter- known that Libya has a deplorable record on Commission on Human Rights voted to elect rorism, aggressive militarism and systematic human rights and is a sponsor of terrorism. Libya as its chair. Many people don’t agree brutality are no impediment to a country’s rise For that reason, it is shocking that Libya is with that decision—Members of Congress, within the U.N.’s bureaucratic hierarchy. From now the chair of a body charged with the re- human rights advocates and many others. the International Criminal Court’s excesses, to sponsibility of promoting universal respect for There is clear evidence of Libya’s state spon- Iraq’s chairmanship of the disarmament con- human rights and fundamental freedoms for sorship of terrorism and it’s human rights ference, and Libya’s chairmanship of the the world’s citizens. record. Yet, regardless of our distaste with the Human Rights Commission, the U.N. is utterly The United Nations’ decision to elect Libya outcome, this was a fair election in which the marginalizing itself. as the Chair of the United Nations Commis- member nations elected Libya to this post. Ev- The free world can’t delegate international sion on Human Rights is alarming for several eryone involved had an opportunity to vote security decisions to an organization capable reasons. First, it is remarkable that United Na- and a majority decided who they wanted to of absurd actions like the elevation of Libya to tions would even consider Libya’s candidacy lead them. Democracy has prevailed. Now, the Human Rights Commission or Iraq to the for the position, given the fact that Libya has the U.S. Congress is asked to vote to con- Disarmament Conference. not accepted responsibility for its role in the demn that practice of democracy? Let’s not hedge the truth: The U.N. is legiti- terrorist bombing of Pan Am Flight 103 that The United States should practice what it mizing indefensible regimes and at the end of killed hundreds of innocent people over preaches. We cannot in one breath say de- this path lays utter irrelevance. The free na- Lockerbie, Scotland, in 1988. Until Libya takes mocracy is good and in the next say democ- tions of the world face a number of grave responsibility for its actions and complies with racy is bad, simply because we disagree with problems and we can never allow illegitimate particular Security Council mandates, Libya the result. regimes to dictate the terms of our freedom or cannot have any credibility in being the chair Mr. MARIO DIAZ-BALART. Mr. Speaker, on security. of a United Nations commission that promotes December 21, 1988 Pan Am Flight 103 ex- Mr. HASTINGS of Florida. Mr. Speaker, I human rights. In today’s world, where we seek ploded in the skies over Lockerbie, Scotland, rise today to condemn in the strongest pos- to defeat the threat posed by international ter- killing 270 innocent people. Sadly, the govern- sible terms the selection of Libya to chair the rorism, it is irresponsible for a state like Libya ment that sponsored this terrorist act only fif- United Nations Commission on Human Rights. to be elected to such a leadership position. teen years ago—Libya—has now been se- Libya has committed untold acts of terror Second, Libya’s selection to be chair of the lected to chair the United Nations Commission against the United States and its citizens. United Nations Commission on Human Rights on Human Rights. Libya has not demonstrated sufficiently that it reflects a disturbing trend in international insti- Unfortunately, the hypocrisy of this reaches does not support international terrorism. Nor tutions. It has become highly prevalent that far beyond the Pan Am tragedy. Libya con- has it abandoned its quest for weapons of states which violate human rights laws seek to tinues to stand in consistent violation of inter- mass destruction. Congress correctly ex- secure positions in global bodies that espouse national human rights treaties. It’s not just that tended the Iran-Libya Sanctions Act until Au- such laws so they can protect their reputations torture and random executions are not con- gust 2006. and those of similar regimes. Members of the demned by Libya, such gross violations of To be sure, lets look at Libya’s record of un- international community must speak out human rights are heavily practiced and sup- civilized behavior during the last two decades: against such practices lest these institutions ported by high ranking government officials. In the 1980s it was reported that Libya used become a mockery of international law and Libyans—especially those that freely ex- chemical weapons against government rebels human rights. press their political opinion—live in fear of in the Chad civil war. It was also reported that I urge the House to pass this resolution, their own government every day. Torture, during this time Libya was seeking chemical which states in the strongest possible terms abuse and unfair detainments are common and nuclear weapons. Muammar al-Qadhafi the outrage of Congress at the selection of practice within the Libyan system of justice, also stated that he supported international ter- Libya to chair the United Nations Commission yet Libya has not admitted to a single case of rorism, and defended terrorism in wars of na- on Human Rights. The Resolution clearly human rights abuses within their country. tional liberation. Because of this support, the states that: (1) Libya is a gross violator of

VerDate Jan 31 2003 02:00 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K11FE7.020 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H339 human rights; (2) it is a state sponsor of ter- to the State of Israel and may support terrorist earned through logical decisions that advance rorism; (3) several countries as well as inter- activities against Israel. the security of the world—not by blindly fol- national organizations have condemned Mr. Speaker, it is this great nation’s hope lowing bureaucratic momentum that promotes Libya’s selection as chair of the Commission; that it can one day live in a world where it is rogue regimes at the expense of the greatest (4) the United States is appalled by the Euro- not threatened by international terrorism and democracies in the world. pean Union’s common position of abstention that human rights for all will be respected. The I truly hope that the actions we take here on the critical vote over Libya’s selection as selection of Libya as chair to the United Na- today send a message to the U.N. and its chair of the commission; (5) the Secretary of tions Commission on Human Rights under- members that if they want the body to con- State should engage member countries to mines these goals. I, therefore, urge the tinue to be a force for good and progress in support the United States efforts to ensure House to pass this resolution by a strong bi- the world, they must think before they act and that states that are gross violators of human partisan vote. make decisions worthy of respect. The elec- rights or sponsors of terrorism not ascend to Mr. OSE. Mr. Speaker, I would like to thank tion of Libya to Chair the Human Rights Com- leadership positions in the United Nations. the Chairman for bringing this important issue mission, and the continued exclusion of the Libya has a horrific human rights record. to the attention of the House and the Amer- U.S. from U.N. committees and boards, are Citizens do not choose their leaders in free ican people. not decisions of which they should be proud. and fair elections, nor are they able to petition Two years ago, many in this chamber were Mr. LANTOS. Mr. Speaker, I yield their government for redress of grievances. It shocked when the United States was removed back the balance of my time. The SPEAKER pro tempore (Mr. uses summary judicial proceedings to sup- from the United Nations Commission on OTTER). The question is on the motion press domestic opposition. Security forces tor- Human Rights and of the International Nar- offered by the gentleman from Illinois ture prisoners during interrogations and as cotics Control Board. (Mr. HYDE) that the House suspend the punishment. Security forces arbitrarily arrest The U.S. was a founding member of the rules and agree to the concurrent reso- and detain persons, and many prisoners are Human Rights Commission and First Lady El- lution, H. Con. Res. 27. held incommunicado. Many political detainees eanor Roosevelt was its first Chair. The question was taken. are held for years without charge. There is not The U.S. spends more money fighting the The SPEAKER pro tempore. In the an independent judiciary that enforces legal use of illegal narcotics than any other nation opinion of the Chair, two-thirds of rights of citizens, and citizens do not have the in the world. those present have voted in the affirm- right to a fair public trial or to be represented Despite these facts, some of our ‘‘friends’’— ative. by legal counsel. The government infringes on and I use the term with increasing skep- Ms. ROS-LEHTINEN. Mr. Speaker, citizens’ privacy rights, and citizens do not ticism—at the United Nations felt it was more on that I demand the yeas and nays. have the right to be secure in their homes or important that nations like Libya and Syria The yeas and nays were ordered. persons, or to own private property. Libya re- serve on the U.N. agency overseeing human The SPEAKER pro tempore. Pursu- stricts freedom of speech, press, assembly, rights and that the Netherlands—a country ant to clause 8 of rule XX and the association, and religion. Is this the type of whose own Web page admits they will not en- Chair’s prior announcement, further country that should be charged with being the force their drug laws—should serve in our proceedings on this motion will be chair of a commission that promotes human place on a board designed to enforce drug postponed. rights? I think not. laws. f Libya is one of seven countries on the State Chairman HYDE stood up and led this body HONORING CZECH REPUBLIC Department’s list of state sponsors of terror. to call for the suspension of U.S. funds to the PRESIDENT VACLAV HAVEL As I have said in the past, Libya has contin- U.N. until we were reinstated on the Human ued to acquire weapons of mass destruction Rights Commission. We are now back on that Mr. BEREUTER. Mr. Speaker, I move and promote state-sponsored terrorism. Last board. to suspend the rules and agree to the year, our Under Secretary of State for Arms I offered an amendment that passed this concurrent resolution (H. Con. Res. 22) Control and International Security said that House to curtail our funding of the Inter- honoring Czech Republic President there was no doubt that Libya seeks nuclear national Narcotics Control Board until we were Vaclav Havel. The Clerk read as follows: weapons. Furthermore, he said that Libya has returned to its membership. This year the U.S. produced at least 100 tons of different kinds of was again shut out while Iran, Brazil and Nige- H. CON. RES. 22 chemical weapons. It is antithetical to the ria were added to the Board. Whereas Vaclav Havel, President of the United Nations’ mission for peace that a state We have seen that the United Nations does Czech Republic, is widely respected through- out the world as a proponent of democratic engaged in creating global havoc be in charge not learn from its mistakes. As former Presi- principles; of one of its most important committees. dent Reagan might have said, ‘‘There they go Whereas Vaclav Havel’s superb skills as a It is imperative that members of the inter- again.’’ playwright and essayist helped promote de- national community do not retreat from their While we have been reelected to the mocracy in Eastern Europe during the Cold responsibility to ensure that those charged Human Rights Commission, Libya has been War; with monitoring human rights are not, in fact, elected to its Chairmanship. Think about that. Whereas the plays of Vaclav Havel were in- grave violators themselves. We must not give Libya. A nation led by a brutal dictator who is strumental in bringing international atten- credibility to countries which violate human known to sponsor international terrorism. Yet tion to the struggle for democracy in Czecho- rights and support terrorism. To do otherwise slovakia; only two other nations joined the U.S. in op- Whereas Vaclav Havel was imprisoned is to legitimize their practices. posing their election to head this prestigious three times for his efforts to promote demo- Congress has recently made its policy clear body whose duty is to protect human rights. cratic thought and reforms in communist with respect to Libya’s alarming behavior. In Eight European nations made the ‘‘coura- Czechoslovakia, yet maintained his convic- 2001, Congress passed the Iran-Libya Sanc- geous’’ decision to abstain. tions throughout; tions Act of 2001, which President Bush And in an example of how momentum is the Whereas Vaclav Havel was a cofounder of signed into law in August 2001. I was an origi- true ruler of the United Nations and its bloated the human rights organization Charter 77 nal co-sponsor of the bill, and in the Ways and bureaucracy, this year’s meeting of the U.N. and the Committee for the Defense of the Means Committee I argued in favor of extend- Conference on Disarmament will be presided Unjustly Prosecuted; Whereas Vaclav Havel, as leader of the ing the current sanctions in place against Iran over by Iraq—despite the fact that Iraq is Civic Forum movement, was a key figure in and Libya for an additional five years. ILSA under U.N. sanctions for failing to disarm and the 1989 bloodless overthrow of the Czecho- threatens the imposition of economic sanc- even now faces international action for this slovakian communist government known as tions against foreign entities investing in Iran failure. the Velvet Revolution; and Libya’s energy sectors. ILSA combines I wish I could tell you I was surprised. Whereas following the Velvet Revolution, deterrence (the possibility of sanctions) with But the United Nations has not been the ef- Vaclav Havel was elected by the people as presidential discretion (through broad waiver fective body it could have been over the past President of the Czech and Slovak Federal authority). ILSA has been very effective so far, two decades. Time and time again, the U.N. in Republic in 1990, and following a peaceful split forming two separate states, elected the Congress overwhelmingly approved the re- recent years has done more harm than good. President of the Czech Republic in 1993; authorization of legislation to keep the pres- I still believe the U.N. can be a useful body. Whereas under the leadership of Vaclav sure on Libya and Iran to stop their pursuit of One that helps promote dialogue and the ex- Havel, the Czech Republic has been an im- weapons of mass destruction and ballistics change of ideas around the world. But many portant and valued member of the world missile technology. Libya also remains hostile of its members have forgotten that respect is community;

VerDate Jan 31 2003 04:24 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.014 H11PT1 H340 CONGRESSIONAL RECORD — HOUSE February 11, 2003 Whereas under the leadership of Vaclav elected President of Czechoslovakia, in total of almost 5 years imprisoned by Havel, the Czech Republic became a member December 1989, by a parliament still the Communist regime. of the North Atlantic Treaty Organization dominated by members of the Com- During the events of November-De- (NATO) on March 12, 1999; munist party. cember 1989, which have come to be Whereas during Vaclav Havel’s time in of- During his inspirational speech to fice, the economy of the Czech Republic has known as the Velvet Revolution, become one of the most developed in Eastern the joint session of Congress, President Vaclav Havel helped form the Civic Europe; Havel said many things that made Forum, a broad coalition of dissident Whereas today, the Czech Republic is a val- many Members of Congress realize they groups, which was the first legal oppo- uable ally of the United States in the war were not listening to just another po- sition movement in Communist against terrorism; litical leader of a foreign country. Czechoslovakia. By the end of that Whereas Vaclav Havel has been praised as President Havel, in his speech, was dis- year, through a ‘‘bloodless revolution,’’ one of the world’s great democratic leaders cussing what his country, and all the 41 years of Communist dictatorship and has been awarded many international countries of Central and Eastern Eu- prizes recognizing his commitment to peace peacefully came to an end when Vaclav and democratic principles; and rope that had suffered throughout the Havel was elected President. Whereas Vaclav Havel will step down as Cold War, could learn from the United Now, Mr. Speaker, I count it a great President of the Czech Republic on February States. He also suggested that perhaps personal privilege and honor to rep- 2, 2003: Now, therefore, be it his country could offer something to resent perhaps more Czech-Americans Resolved by the House of Representatives (the the United States. In his speech, he than any Member of Congress. Most of Senate concurring), That Congress— stated ‘‘We too can offer something to (1) honors the life-long commitment of them came to the rolling prairies of you: our experience and the knowledge Nebraska and the prairie States in the Czech Republic President Vaclav Havel to that has come from it. This is a subject human rights and democracy; 1870s and 1880s to own their own land (2) recognizes the exceptional achieve- for books, many of which have already and to farm the soil. Other Czechs and ments of Vaclav Havel as playwright and been written and many of which have Slovaks came to the larger cities of the president; and yet to be written. I shall therefore Midwest, places like Omaha, during the (3) congratulates Vaclav Havel for his out- limit myself to a single idea. The expe- first two decades of the 20th century. standing service to the people of the Czech rience I’m talking about has given me While their Americanization had oc- Republic. one great certainty: Consciousness pre- curred several generations ago, these The SPEAKER pro tempore. Pursu- cedes being, and not the other way Czech-Americans continued to follow ant to the rule, the gentleman from around, as Marxists claim.’’ closely, and I would say with great an- Nebraska (Mr. BEREUTER) and the gen- In explaining that axiom, Havel went guish, the totalitarian conditions of tleman from California (Mr. LANTOS) on in his speech to explain that: ‘‘The people in their old homelands of the each will control 20 minutes. only genuine backbone of all of our ac- past. It was, therefore, a particular The Chair recognizes the gentleman tions, if they are to be moral, is re- pleasure for me to watch these Czech- Nebraska (Mr. BEREUTER). sponsibility. Responsibility is some- Americans gather in the public meet- GENERAL LEAVE thing higher than our family, my coun- ing places, the restaurants, the bars, Mr. BEREUTER. Mr. Speaker, I ask try, my company, my success. Respon- and in their homes to watch with unanimous consent that all Members sibility to the order of being where all amazement and great pride on tele- may have 5 legislative days to revise of our actions are indelibly recorded vision the rapid and peaceful Velvet and extend their remarks and to in- and only where they will be improperly Revolution, which finally ended the clude extraneous material on H. Con. judged. The interpreter or mediator be- Communist stranglehold, to reclaim Res. 22, the resolution under consider- tween us and this higher authority is the democracy that Czechoslovakia ation. what is traditionally referred to as had enjoyed only for the brief period The SPEAKER pro tempore. Is there human conscience. If I subordinate my between two World Wars. objection to the request of the gen- political behavior to this imperative tleman from Nebraska? mediated to me by my conscience, I Vaclav Havel epitomized this return There was no objection. can’t go far wrong.’’ to Czech democracy for both his coun- Mr. BEREUTER. Mr. Speaker, I yield He went on to say that it is this re- trymen and the Americans who myself such time as I may consume. sponsibility dictated by his conscience watched and marveled at the success of This Member rises today in strong which caused him to ultimately decide, the Velvet Revolution and Havel’s support of H. Con. Res. 22, a resolution after resisting for a long time, to ac- leadership, which demonstrated the honoring Czech Republic President cept the burden of political responsi- very best in intellectual and humane Vaclav Havel. The resolution was in- bility. In other words, he saw it as a re- leadership. troduced by the distinguished gen- sponsibility to accept the presidency of Since then, President Havel has been tleman from Wisconsin (Mr. KIND), and Czechoslovakia. In a related note- an extraordinary politician, leading his this Member is pleased to be an origi- worthy admonition to intellectuals in country and the countries of Eastern nal cosponsor. This resolution seeks to every country he reminded that ‘‘If the Europe into a future of freedom, de- recognize, congratulate, and honor hope of the world lies in human con- mocracy, and security. He was prob- President Havel for a combination of 13 sciousness, then it is obvious that in- ably the foremost proponent in Europe years of extraordinary service, first as tellectuals can’t go on forever avoiding of allowing the former countries of the President of Czechoslovakia and sec- their share of the responsibility for the Warsaw Pact to join NATO. On March ond, since 1993, as President of the world and hiding their distaste for poli- 12, 1999, his vision was made a reality Czech Republic. The Constitution of tics under an alleged need for inde- when the Czech Republic, Poland, and the Czech Republic allows a president pendence.’’ Hungary became members of the Alli- to serve only two consecutive 5-year As a playwright and essayist, Vaclav ance. And just last November, his terms, and the United States House of Havel was a leading figure of the dis- country was honored by hosting the Representatives would like, therefore, sident movement against the totali- first NATO Summit held behind the to honor President Havel upon the oc- tarian system of the Communist re- former Iron Curtain in Prague, where casion of the end of his term of service gime in Czechoslovakia. He was a seven additional countries of Eastern on February 2 of this year. founder of Charter 77, the underground Europe were invited to join the Alli- Nearly 13 years ago, on February 21, movement seeking freedom of expres- ance. 1990, President Vaclav Havel addressed sion and association, and the basic pro- Because parliamentarians from the 19 a joint session of the United States tection of civic and human rights. He NATO countries have honored me with Congress in this very room. This occa- wrote the essay, ‘‘The Power of the the leadership in the NATO Parliamen- sion was less than 4 months after his Powerless,’’ in which he called upon or- tary Assembly, I was privileged to be last arrest by what he characterized as dinary citizens to live in truth against present at the NATO Prague Summit ‘‘the most conservative Communist a totalitarian regime. For his various in November of last year. I think it was government in Europe,’’ and less than 2 civic reform efforts, he received mul- noteworthy that President Havel, in months after Vaclav Havel had been tiple prison sentences and served a his host capacity as the dean of all the

VerDate Jan 31 2003 02:00 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.005 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H341 NATO heads of state and heads of gov- system. He said, ‘‘It would be quite un- my good friend and colleague, the gen- ernment in length of service, was ac- reasonable to understand the sad leg- tleman from Missouri (Mr. GEPHARDT), corded an auspicious degree of affec- acy of the last 40 years as something his wife and my wife. Vaclav Havel and tion and respect by his peers and other alien, something bequeathed to us by his allies had launched large public leaders of the Free World. That ac- some distant relative. On the contrary, protests demanding democracy and an claim reflected not just his leadership we must accept this legacy as a sin we end to communist rule. As the gen- for the Czech Republic but also recog- committed against ourselves. If we ac- tleman from Missouri and I headed to a nized the moral leadership he has pro- cept it as such, we will understand that meeting, we encountered thousands of vided for all of the countries of Eastern it is up to us all, and up to us alone, to Prague residents in Wenceslas Square and Central Europe that emerged from do something about it. We cannot demonstrating in support of democracy communism and, indeed, for the NATO blame the previous rulers for every- and freedom. We jumped from the car Alliance as a whole. thing, not only because it would be un- and joined the Czech crowds waving On January 30 of this year, just 2 true but also because it could blunt the signs and shouting ‘‘Havel Na Hrad,’’ days before he was to step down after duty each of us faces today, that is, the Havel to the castle. 13 years as President, he was one of obligation to act independently, freely, The people of Prague were making a eight European heads of state or gov- reasonably, and quickly. Let us make simple request, that Vaclav Havel be ernment from NATO countries to sign no mistake: the best government in the elected President so he could occupy a letter expressing continued solidarity world, the best parliament and the best the home of power and authority in and support with and to the United president in the world cannot achieve Prague, the beautiful castle which States in the international fight much on their own. And it would also stands on a hill overlooking the city. against terrorism and for possible ac- be wrong to expect a general remedy to These massive demonstrations were a tion against Iraq. The importance of come from them alone. Freedom and small part of a long process that that letter really cannot be overesti- democracy require participation and brought about the Velvet Revolution. mated, since it stood in mark contrast therefore responsible action from us Several weeks later, I had the honor of to the dissenting positions of four all.’’ leading congressional colleagues to a countries, France, Germany, Belgium Mr. Speaker, this Member joins his meeting with Vaclav Havel when he and Luxembourg. colleagues in paying tribute to Vaclav was already safely ensconced in the Two sentences sum up the essence of Havel for the vital, moral leadership castle. that letter and what is most essential and idealism he has brought to his President Havel did not let the Czech in the transatlantic relationship. The service for the Czech Republic and to people down as their elected leader. He statement said: ‘‘The real bond be- the community of Western democ- led the Czech nation through a difficult tween the U.S. and Europe is the val- racies. For his countrymen and all of period of political and economic re- ues we share: democracy, individual us in democratic nations, this leader- form. As a result of his extraordinary freedom, human rights, and the rule of ship and focus on participatory democ- leadership, Vaclav Havel presided over law. Today, more than ever, the trans- racy is in the best traditions of those 13 years of growing Czech prestige and atlantic bond is a guarantee of our heroes of the American democracy that influence in international affairs. He freedom.’’ we honor in this great capital city, Jef- devoted enormous thought and energy to bringing the Czech Republic into the b 1500 ferson, Madison and others among our Founding Fathers. I urge support for community of Western democracies. Vaclav Havel has been called an art- the resolution. Under his leadership, the Czech Repub- ist, an intellectual, the poet of democ- Mr. Speaker, I reserve the balance of lic joined NATO; and next year it is racy, and an international icon of in- my time. poised to join the European Union. tegrity, wisdom and moral seriousness, Mr. LANTOS. Mr. Speaker, I yield President Havel has been an unwav- and even ‘‘the most extraordinary myself such time as I may consume. ering ally of the United States in the statesman who emerged from the Mr. Speaker, I rise in strong support war on terrorism, and more recently in struggle to overthrow communism in of this resolution, and I commend the our struggle to disarm the regime of Eastern Europe.’’ President Havel likes gentleman from Nebraska (Mr. BEREU- Saddam Hussein. This should come as to say that in November 1989 when he TER) for his powerful, eloquent, and no surprise. Vaclav Havel is a person of was first told that he had been nomi- thoughtful statement. I also would like great moral authority and enormous nated as a candidate for the office of to express my deep appreciation to the personal courage. He devoted his polit- President of Czechoslovakia, he original sponsor and drafter of this ical and artistic life to resisting the to- thought it was a joke. He thought who most important resolution, the gen- talitarian state. He cofounded the was he to be President of this new de- tleman from Wisconsin (Mr. KIND), who human rights organization Charter 77 mocracy. has shown his customary leadership by and the Committee for the Defense of This Member is here today to thank presenting this to us. the Unjustly Prosecuted. He was per- President Havel for saying yes and ac- Mr. Speaker, last week my good secuted by communist authorities and cepting the office of President, includ- friend, Vaclav Havel, stepped down as repeatedly arrested. Once he was given ing the challenge of politics and public President of the Czech Republic. Nor- the opportunity to emigrate, but he service. By simply choosing to con- mally, Mr. Speaker, the return to pri- bravely chose imprisonment instead. tinue to fight for the ideals he fought vate life of a democratically elected As President, Havel continued to re- for during the Cold War, democracy, leader in Europe would not warrant a sist authoritarian dictators by sup- freedom, human rights and the rule of resolution from the Congress of the porting dissidents in Cuba, and just law, by working tirelessly to include United States. But Vaclav Havel was last November by denying the the new central and eastern European no ordinary President, nor did he serve Belorusian dictator, Lukashenko, a democracies into Europe and the alli- in ordinary times. Vaclav Havel, an visa to the NATO Summit in Prague. I ance, and through his efforts directed outstanding artist, playwright, and the have no doubt that my friend, Presi- toward reconciliation with the old en- conscience of the Czech people during dent Havel, will continue to work to emies, he has elevated politics and pub- decades of Soviet domination, was a ensure that the merging independent lic service, for his country, for Europe, key player in the Velvet Revolution nations of Central and Eastern Europe for the trans-Atlantic alliance, and for under which the Czech people peace- join the community of democratic na- the world. fully replaced their communist dic- tions. Mr. Speaker, this Member will quote tators with an elected and inspiring Mr. Speaker, it was a fitting end to from President Havel’s first New Year’s leadership. President Havel’s presidency that he address to his nation, the newly free Mr. Speaker, it was a true privilege and the Czech Republic were host to Czechoslovakia, on January 1, 1990. to have been in Prague to witness one the historic NATO summit last Novem- President Havel spoke to his fellow small part of this Velvet Revolution. ber. The leaders of the world used the citizens about the legacy of over 40 Thirteen years ago, I had just arrived summit to pay tribute to the wisdom years of the Communist totalitarian in Prague on an official mission with and leadership of Vaclav Havel and to

VerDate Jan 31 2003 02:00 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.045 H11PT1 H342 CONGRESSIONAL RECORD — HOUSE February 11, 2003 his remarkable achievements as Presi- communist regime. Through his clash- today based on the correspondence that dent. I was honored to be part of the es with the authority, he was repeat- I have with them. It was an inspiring U.S. delegation to the Prague summit; edly sent to prison. His essays setting time for me to meet these young people and as I celebrated with Vaclav Havel out his ideas on national resurgence in and to understand that they realized the success of NATO in the castle over- a totalitarian state, ‘‘The Power of the that there were causes greater than looking Prague, I was once again Powerless,’’ was widely studied inside themselves worth fighting for and per- struck by Vaclav Havel’s long and bold and outside of Czechoslovakia. haps worth dying for. It was literally journey from a prisoner of conscience In it, he argued that citizens living their future that was on the line. to becoming the conscience of Europe. ‘‘in truth’’ could successfully confront Through the strength of their collec- I want to ask all of my colleagues to and overturn dictatorial rulers. For his tive action, they achieved remarkable support this resolution commending a views, the regime forced him in 1979 to change throughout Eastern Europe. true friend of the United States, a lead- choose between exile or 5 years in pris- In 1989 and after, President Havel’s ing intellectual figure in Europe, and a on. He chose prison and his enduring genius was not just to harness popular moral force sorely needed in Europe by stature is partly a result of that resistance that peacefully over- supporting and voting for this resolu- choice. He later collected the letters he whelmed the Communist regime; it was tion. wrote from prison to his wife in a wide- to understand that to take the Mr. Speaker, I reserve the balance of ly read volume, ‘‘Letters to Olga.’’ trappings of leadership did not mean to my time. Mr. Speaker, as a recent graduate of betray his own humanity. He was not, Mr. BEREUTER. Mr. Speaker, I re- law school back in 1990, I was in one of however, immune to political defeat. serve the balance of my time. my short disillusioned states in regards He resigned temporarily rather than Mr. LANTOS. Mr. Speaker, I yield to our own democracy at the time, but preside during the bitter separation of such time as he may consume to the was watching with rapt attention the Czechoslovakia back in 1993. But inter- gentleman from Wisconsin (Mr. KIND), incredible frenzy of events in Eastern nationally he shone. He led his country the author of this legislation. Europe leading to the collapse of the into NATO in 1999 and he has posi- Mr. KIND. Mr. Speaker, I commend communist regimes and ultimately the tioned them now to join the European the ranking member of the Committee collapse of the Berlin Wall. I had the Union next year, in 2004. on International Relations, the gen- opportunity to travel throughout East- When Havel left the presidency after tleman from California (Mr. LANTOS), ern Europe shortly after these revolu- 13 years, he left behind a legacy of indi- and thank him for his leadership on a tions took place. I spent a little time vidual moral authority. It is hard to whole host of foreign policy issues. I in Czechoslovakia where I was part of find a defined political legacy. Instead, also thank the gentleman from Illinois an international student group restor- he leaves a sense that in the life of any (Mr. HYDE), the chairman of the com- ing some of the old castles in Czecho- nation, the character of its leaders do mittee, and especially the gentleman slovakia. matter. from Nebraska (Mr. BEREUTER) for the They are still wrestling to find his b 1515 gentleman’s help in offering this reso- replacement today in the Czech Repub- lution, doing a Dear Colleague letter, It was during that time, Mr. Speaker, lic. A great debate rages, even bick- and trying to inform the other Mem- when I also met other political heroes ering is taking place, and, of course, bers of Congress of Mr. Havel’s retire- of mine. These were students approxi- the media and the press are more than ment. mately my age who were, just a few eager to report on all of this in the Mr. Speaker, a silly person once said months previously, literally on the Czech Republic. that only silly people have heroes front lines of these demonstrations, lit- For those freedoms, for his service today. If that is true, this silly person erally staring down the guns of the and his sacrifice and for his shining is not afraid to admit that Vaclav Communist forces, knowing their his- moral example, it is only right that the Havel is one of my heroes. tory, but also not knowing whether United States Congress pause in our Today we honor Vaclav Havel who this would be a repeat of the Prague normal duties of the day to give thanks provided the moral force behind the Spring in 1968, which resulted in a and to pay tribute to one of the great- Velvet Revolution in Czechoslovakia in bloody massacre. est leaders of the 20th century, Vaclav 1989, and who stepped down as Presi- I met and stayed with many of these Havel. dent of the Czech Republic just 1 week students and I asked them what they I am sure all of my colleagues wish ago. If proof is needed that the pen is were thinking during that time, those him much happiness throughout his re- mightier than the sword, then Vaclav fateful couple of weeks in November of tirement. Havel is a veritable smoking gun. 1989. They responded that two things Mr. LANTOS. Mr. Speaker, I want to It is a magnificent irony that one of stood out in their minds: one, how bit- commend my friend from Wisconsin for the most oppressive communist re- terly cold it was during those nights a truly moving and powerful state- gimes in Eastern Europe would one day during the candlelight vigils, standing ment. be led by a poet and playwright. But out in Wenceslas Square, snow coming Mr. Speaker, I yield back the balance there is a tradition in this part of the down and they were all shivering; and, of my time. world that intellectual integrity and secondly, how terribly frightened they Mr. BEREUTER. Mr. Speaker, I yield independent art translate into raw po- were. myself such time as I may consume. litical power. Mr. Havel provided the History now shows that by a vote of I want to join in commending the leadership through raw moral force 5 to 4, the Communist Politburo de- gentleman from Wisconsin (Mr. KIND) that gave rise to the incredible and cided not to order the troops to open for his articulate statement and his peaceful revolutionary movement fire on these demonstrators. initiative. This matter would have which we now refer to as the Velvet It was a lot of these same students been taken up last week if it had not Revolution. who would during the day go out into been for the schedule change because of As uncompromising in his resistance the countryside and into the homes the Columbia disaster. to the totalitarian state as he is in his and villages and town squares through- I urge strong support by all the Mem- ironic plays, President Havel withstood out Czechoslovakia, bringing news of bers for this resolution. censure, numerous imprisonments, and the demonstrations and the movement Mr. SMITH of New Jersey. Mr. Speaker, the muzzle to become the premier sym- building against the Communist re- Vaclav Havel is sometimes called the ‘‘con- bol of Czechoslovakian dissidence in gime. They understood that it required science of the Czech Republic.’’ In fact, he the years after the Soviet Union the support of the working families, could be called the conscience of the world. crushed Prague back in 1968. the workers of Czechoslovakia, before As both playwright and president, he has set He helped found the Charter 77 dis- the regime could ultimately be brought an example for his country men and women sident movement, the moral blueprint down. and inspired others around the globe. for the revolution, and then formed the In the midst of all of this was their As a Member serving on the Helsinki Com- Civic Forum, the main opposition guiding force, Vaclav Havel, whom mission, I first became aware of Vaclav Havel party in Czechoslovakia against the they held in high esteem, and still do and his stance as a leader of the Charter ’77

VerDate Jan 31 2003 02:00 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K11FE7.025 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H343 human rights movement. At a time when most abiding friendship based on a shared commit- ing it indeed the only country in the Czechoslovaks preferred to keep their heads ment to democratic values; Middle East classified as free by Free- low, he held his up. When others dared not Whereas since its establishment in 1948, dom House in its report on democracy speak out, he raised his voice. While others Israel has fulfilled the dreams of its founders and human rights in the region. who envisioned a vigorous, open, and stable Its declaration of independence, its hid from communism in their apartments and democracy; weekend cottages, he faced it down in prison. Whereas an essential feature of Israeli de- system based on separation of powers, In recognition of his extraordinary leadership mocracy is its system of competitive, free, particularly its emphasis on an inde- and courage, the Commission leadership rec- and open elections; pendent judiciary, its guarantee of ommended him for the Nobel Peace Prize in Whereas on January 28, 2003, the people of equal access for women and minorities, February 1989. Israel elected Israel’s 16th Knesset, or Par- and its guarantee of freedom of reli- Vaclav Havel once wrote of the ‘‘power of liament, which in turn will choose the Prime gion to the entire population are but the powerless’’ and, on November 17, 1989, Minister of Israel; and some of the parallels that we share, when the Velvet Revolution began, the world Whereas the election on January 28, 2003, is which further strengthen the bonds be- the most recent example of the commitment tween our countries. However, our na- saw that power manifested in reality. of Israel to the democratic ideals of freedom Mr. Speaker, Vaclav Havel is a man who and pluralism, ideals that Israel shares with tions share more than just democratic has always been guided by the courage of his the United States principles. convictions. Remarkably, his courage did not Resolved, That the House of Representa- Regrettably, we have both been vic- fade upon his assumption of the presidency. tives— timized by terrorism, the common Indeed, he is all the more heroic for his re- (1) commends the people of Israel for re- enemy of the civilized world. The con- maining steadfast to his commitment to human affirming their dedication to democratic tinuing terrorist attacks against Israel rights even from the comforts of the Prague ideals as expressed in the election on Janu- clearly follow the pattern of attacking Castle. ary 28, 2003; democratic countries which support From the beginning of his tenure, as he ad- (2) expresses both its respect for the freely and implement the rule of law, mis- expressed will of the people of Israel, and its dressed his country’s communist and totali- intention to engage in constructive relations taking the openness and tolerance of tarian past, he was a voice of reason, not re- with the new Government of Israel, and such societies as a sign of weakness. venge. In 1993, he rightly identified the situa- urges the international community to do so Israel is targeted in part because it is tion of Roma as ‘‘a litmus test for civil soci- as well; our friend and in part because it is an ety.’’ Throughout his presidency, he has par- (3) reaffirms the close bonds of friendship oasis of liberal, democratic values in a doned those facing criminal charges under that have bound the people of the United vast expanse of authoritarian regimes, communist-era laws that restrict free speech States and the people of Israel together fanaticism and bigotry. and have yet to be repealed. In 2001, he through turbulent times for more than half a As a liberal democracy under re- century; peated attack by murderers who target spoke out against the parliament’s regressive (4) urges the Palestinian leadership to religion law, which turned the clock back on abide by its commitments made to the innocent men, women and children, religious freedom. He has raised human rights United States and to Israel and urges the Israel deserves our steadfast support. issues from Cuba to China. And, he has re- Palestinian people to act on President This support is essential to Israel’s minded other world leaders of our shared re- Bush’s call of June 24, 2002, to dismantle the continued survival as a free and demo- sponsibility for the poor and less fortunate. terrorist infrastructure, end incitement to cratic nation, for only the United H. Con. Res. 22 pays tribute to Vaclav violence in official media, elect new leaders States has the power and political will Havel’s singular compassion, integrity, and vi- not compromised by terror, and embrace de- to provide meaningful assistance to the sion. I urge my colleagues to join me in sup- mocracy; and only parliamentary democracy in the (5) restates the commitment of the United region. porting a man who has given so much to his States to a secure peace for Israel. country and the world. While we may have shared interests Mr. BEREUTER. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- with Arab states in the Middle East, it back the balance of my time. ant to the rule, the gentlewoman from is with Israel that we share core val- The SPEAKER pro tempore (Mr. Florida (Ms. ROS-LEHTINEN) and the ues. As it was in Afghanistan, U.S. for- OTTER). The question is on the motion gentleman from California (Mr. LAN- eign policy should be about more than offered by the gentleman from Ne- TOS) each will control 20 minutes. geostrategic concerns. It should also The Chair recognizes the gentle- braska (Mr. BEREUTER) that the House reflect who we are as a nation and as a suspend the rules and agree to the con- woman from Florida (Ms. ROS- people. current resolution, H. Con. Res. 22. LEHTINEN). There is an expression in Spanish The question was taken. GENERAL LEAVE which says, loosely translated, ‘‘Tell The SPEAKER pro tempore. In the Ms. ROS-LEHTINEN. Mr. Speaker, I me who your friends are and I’ll tell opinion of the Chair, two-thirds of ask unanimous consent that all Mem- you who you are.’’ Let then the U.S. be those present have voted in the affirm- bers may have 5 legislative days to re- judged by its friendship and by its part- ative. vise and extend their remarks and in- nership with Israel, the region’s truly Mr. LANTOS. Mr. Speaker, on that I clude extraneous material on the reso- free, democratic society. demand the yeas and nays. lution under consideration. I strongly urge my colleagues to sup- The yeas and nays were ordered. The SPEAKER pro tempore. Is there port the gentleman from Virginia’s res- The SPEAKER pro tempore. Pursu- objection to the request of the gentle- olution. ant to clause 8 of rule XX and the woman from Florida? Mr. Speaker, I reserve the balance of Chair’s prior announcement, further There was no objection. my time. proceedings on this motion will be Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. LANTOS. Mr. Speaker, I yield postponed. yield myself such time as I may con- myself such time as I may consume. f sume. First I would like to pay tribute to my I would like to thank my colleague, good friend, the gentleman from Vir- COMMENDING ISRAEL ON THEIR the gentleman from Virginia (Mr. CAN- ginia (Mr. CANTOR), for introducing ELECTIONS TOR), for introducing this important this legislation. I rise in strong support Ms. ROS-LEHTINEN. Mr. Speaker, I resolution commending the people of of this resolution. move to suspend the rules and agree to Israel for conducting free and fair elec- Mr. Speaker, friendship with Israel the resolution (H. Res. 61) commending tions and reaffirming the close friend- and support for its security are the people of Israel for conducting free ship between our two nations. unshakable elements of U.S. foreign and fair elections, reaffirming the Virtually since its creation in 1948, policy. The primary reason for these friendship between the Governments the state of Israel has been the only close relationships is not just our stra- and peoples of the United States and democratic ally of the United States in tegic interests, but our shared values. Israel, and for other purposes. the region. Today, it is the only coun- Democracy and freedom form the core The Clerk read as follows: try in the Middle East with truly free values of both the United States and of H. RES. 61 elections, a vibrant free press, an ac- Israel. Whereas the United States and Israel are tive civil society and other elements Mr. Speaker, that is why the occa- close allies whose people share a deep and which constitute a free society, mak- sion of Israelis going to the polls as

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.010 H11PT1 H344 CONGRESSIONAL RECORD — HOUSE February 11, 2003 they did just recently is the appro- freedom of religion are nonexistent. bought for nothing. If you hold her pre- priate time to mark and to reaffirm The concepts of life, liberty and the cious, you must hold all else of little this very special relationship. Israel is pursuit of happiness are often demon- worth.’’ one of the world’s most vibrant democ- ized in some countries as sinful prod- Those words were written thousands racies. ucts of the Great Satan culture of the of years ago, but I cannot think of any Some may wonder why we choose to West. contemporary statement that provides honor this small country for holding an That is, Mr. Speaker, why I stand such a clear window into the times in election. After all, Israel has held 17 here today and congratulate our only which we now live, into the struggle in elections in its 55-year history, five in democratic ally in the Middle East, which we are now locked. the past decade alone. Yet another Israel, a country that stands with the As we have once again learned here Israeli trip to the polls seems hardly United States on the key principles of in America this past year, the struggle remarkable. But, Mr. Speaker, that is human rights, freedom, peace and de- for freedom is a constant one. It is a exactly what earns Israeli democracy mocracy, a country like no other in its battle never completely won but one its special place in our friendship and region. that must be perpetually fought. The respect and its special status among Mr. Speaker, like the United States, battle for freedom is one that exacts an the world’s democracies. We take its Israel is currently fighting a war on enormous price, and few people on this democratic nature for granted. Yet terrorism against people dedicated to Earth have paid as heavy a price for Israeli democracy endures under ex- hate and destruction, people dedicated their freedom as the people of Israel. traordinary circumstances, of difficul- to ending freedom and democracy, and And as we see on our evening news on ties, tragedies, and suicide bombings dedicated to suppressing the basic too many nights, the sons and daugh- found nowhere else on the face of this rights of life and liberty. ters of Israel continue to pay that price just as they have for thousands of planet. b 1530 The object of hatred from most of the years. I think it is only fitting that in regimes in its region, not one of which It is incomprehensible, but these ar- the wake of their 17th consecutive elec- is a democracy, Israel would have mies of evil believe that they can de- tion as a free nation that the United every excuse in the world to lapse into stroy, maim, and kill innocent people States Congress would honor the Na- 1 tion of Israel. We should honor them the lamentable political mores of its in the name of God. For the past 22 ⁄2 for their unwaivering commitment to region. But it refuses to do so. Instead, years, Israel has faced an unrelenting find and hold freedom, and we should it brings democratic light to a region campaign of violence and terror honor them for the sacrifice millions of dominated by dictators. against her citizens, a war that began Mr. Speaker, I congratulate the peo- just months after the region stood at Jewish people have made in pursuit of their dream, in pursuit of their right to ple of Israel who have again shown the doorstep of peace waiting to enter hold free elections as a free people. their unswerving devotion to democ- and then the door was abruptly shut. Mr. LANTOS. Mr. Speaker, I want to racy with little sense that they are Throughout all of this unrest, it is amazing that on January 28 just a few thank my friend from Texas for his elo- doing something extraordinary. quent and powerful statement, and I Let me also take this opportunity to weeks ago, the Israeli people engaged urge all of my colleagues to support congratulate Prime Minister Sharon on in the most basic and important fea- ture of democracy. They held free, this resolution. his impressive plurality and wish him Mr. STARK. Mr. Speaker, I rise to express good luck in forming a new govern- open, and competitive elections, an act in stark contrast to their dictatorial my grave concerns with the content of the res- ment. In passing this resolution, we as- olution congratulating Israel on their recent sure the new Israeli Government that enemies. Mr. Speaker, we in the United States elections. it can look forward to the closest pos- What could—and should—have been a nice consider Israel a real friend, a true sible relationship with the American innocuous resolution congratulating a key ally ally. We must maintain our commit- people and with the Congress of the for running their recent election more fairly ment to Israel’s security. We must United States. than we can, was instead hijacked by anti-Pal- stand steadfast with President Bush I urge all my colleagues to support estinian groups in Congress and turned into this resolution. and hold the Palestinian Authority to another diatribe against the Palestinians. Mr. Speaker, I reserve the balance of the strict guidelines laid out during Rather than simply congratulating Israel, the my time. the President’s June 24 Rose Garden resolution includes language accusing Pales- Ms. ROS-LEHTINEN. Mr. Speaker, I speech. We know from past experience tinian leaders of supporting terrorism in Israel yield such time as he may consume to that imposing an artificial deadline and the occupied territories. It further suggest the gentleman from Virginia (Mr. CAN- will not result in peace in the Middle that leaders of the Palestinian Authority, cho- TOR), the author of this resolution, who East. Peace will only come with secu- sen by the Palestinian people, should be is our new chief deputy whip and a per- rity, not in spite of it. Israel has al- thrown out of office. If our role as a nation is son with whom I had the pleasure of ways made a sincere commitment to to play peace broker in the Middle East, we going to Israel with last year. peace in the region. Many times her must stop choosing sides in this ongoing con- I look forward to my next visit to commitment to peace has come at the flict in which neither side is fully in the right. Israel just this Friday. I wish that he expense of innocent life. We need to I do commend Israel for conducting a free would be going with us. make sure we stand with and support and fair election and I wish I could say the Mr. CANTOR. Mr. Speaker, I rise to our only democratic ally in the region. same for our most recent Presidential election. support H. Res. 61, and I thank the gen- I join my colleagues today in con- But, the commendation should have ended tlewoman from Florida and the gen- gratulating Israel on free and demo- there. tleman from California for their work cratic elections, and I welcome a con- Mr. PAUL. Mr. Speaker, I reluctantly must in bringing this resolution to the floor. tinued dialogue on how to best stop the oppose this resolution. On January 28, citizens in Israel exer- violence and bring about peace and sta- Though I am sure this resolution com- cised their right to vote in a free, bility in this vitally important region. mending Israel for holding free elections was transparent and democratic election. Mr. LANTOS. Mr. Speaker, I yield as introduced with the best intentions, this legisla- In Israel, like the United States, the much time as he may consume to the tion unfortunately goes further than a simple right of citizens to vote is not denied gentleman from Texas (Mr. BELL), one commendation. The legislation as written will or abridged on account of race, color, of our new colleagues who has already only once again inject the United States into creed, sex or religion. Unfortunately, demonstrated qualities of great leader- the decades-old and intractable conflict in the commitment to democracy and equal ship in this body. Middle East. By commending Israel while at rights is a rarity in the Middle East. Mr. BELL. Mr. Speaker, I rise today the same time demanding that the Palestin- Israel’s neighbors, like Syria, Iran, to urge my colleagues to join me in ians take specific actions, this legislation Iraq and others, do not share our re- commending the Nation of Israel and places the United States squarely in the mid- spect for freedom. Behaviors that we to support passage of this very impor- dle of a conflict that has absolutely nothing to consider basic rights, like free speech, tant resolution. A great philosopher do with American interests. Also, the resolu- fair trials, freedom of the press and once wrote that ‘‘freedom cannot be tion states that the United States is committed

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K11FE7.030 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H345 to secure peace for Israel. We cannot afford those present have voted in the affirm- associated transmission line. In addi- nor are we constitutionally permitted to play ative. tion, the bill also directs FERC to ex- referee in the Israeli-Palestinian conflict, and Ms. ROS-LEHTINEN. Mr. Speaker, tend the construction deadline for this securing peace for any country but the United on that I demand the yeas and nays. project for not more than a 2-year time States is not the role of this body. The yeas and nays were ordered. period once the stay is lifted. We must resist the temptation to meddle in The SPEAKER pro tempore. Pursu- This bill is identical to Senate bill S. the affairs of far-away nations no matter how ant to clause 8 of rule XX and the 1843 as passed by the House during the good our intentions may be. If we are to keep Chair’s prior announcement, further final days of the 107th Congress and un- our Constitutional republic we must uphold the proceedings on this motion will be fortunately was prevented from being wise counsel of those who crafted our found- postponed. signed into law due to a clerical error. ing set of laws. f Today we rectify that incident and Thomas Jefferson summed up the foreign once again let the will of the House be policy position we must uphold in his 1801 in- EXTENDING CERTAIN HYDRO- known concerning the license for the augural address: ‘‘People, commerce, and ELECTRIC LICENSES IN THE construction of a 96-megawatt hydro- honest friendship with all nations—entangling STATE OF ALASKA electric power project at Mahoney alliances with none.’’ How many champion Mr. SHIMKUS. Mr. Speaker, I move Lake near Ketchikan in southeast Jefferson and the Constitution, but conven- to suspend the rules and pass the bill Alaska. Mr. Speaker, I urge all my col- iently ignore both when it comes to American (H.R. 337) to extend certain hydro-elec- leagues to support this piece of legisla- foreign policy? Washington similarly urged that tric licenses in the State of Alaska. tion. the U.S. must ‘‘Act for ourselves and not for The Clerk read as follows: Mr. Speaker, I reserve the balance of others,’’ by forming an ‘‘American character H.R. 337 my time. wholly free of foreign attachments.’’ Do so Mr. BROWN of Ohio. Mr. Speaker, I many on Capitol Hill now believe Washington Be it enacted by the Senate and House of Rep- resentatives of the United States of America in yield myself such time as I may con- was wrong? Congress assembled, sume. Mr. Speaker, how many more times must SECTION 1. STAY AND REINSTATEMENT OF FERC Mr. Speaker, the Federal Power Act we place ourselves and our country at risk by LICENSE NO. 11393. authorizes the Federal Energy Regu- taking one side or other in battles, wars, and (a) Upon the request of the licensee for latory Commission to issue licenses for conflicts that have nothing to do with the FERC Project No. 11393, the Federal Energy the construction of new hydroelectric United States, and where anger toward the Regulatory Commission shall issue an order power projects. Section 13 of the act es- United States will inevitably result? I urge my staying the license. tablishes time limits for commence- colleagues to uphold the Constitution and vote (b) Upon the request of the licensee for ment of construction of a hydroelectric against this unfortunately-worded resolution. FERC Project No. 11393, but not later than 6 years after the date that the Federal Energy project once FERC has issued a license. Mr. DINGELL. Mr. Speaker, today we are The licensee must begin construction debating a resolution congratulating Israel for Regulatory Commission receives written no- tice that construction of the Swan-Tyee not more that 2 years from the date conducting free and fair elections. I, too, rise transmission line is completed, the Federal the license is issued unless FERC ex- to offer my congratulations to the people of Energy Regulatory Commission shall issue tends the initial deadline. Israel for their recent free and open elections. an order lifting the stay and make the effec- Section 13 permits FERC to grant That being said, I have concerns with the tive date of the license the date on which the only one extension of that deadline for wording of the resolution. I find it curious that stay is lifted. not longer than 2 additional years a resolution of congratulations to the Israeli (c) Upon request of the licensee for FERC when not incompatible with the public Project No. 11393 and notwithstanding the people also contains condemnations of the ac- interest. Accordingly, FERC lacks the tions—or inactions—of the Palestinian people. time period specified in section 13 of the Fed- eral Power Act for the commencement of authority to extend the deadline be- Mr. Speaker, the resolution refers to Presi- yond a maximum of 2 years from the dent Bush’s statement of June 24, 2002. But construction, the Commission shall, after reasonable notice and in accordance with the original deadline for commencement of what is the vision of this Administration? Sec- good faith, due diligence, and public interest construction. Therefore, a license is retary Colin Powell said it is to build, ‘‘a region requirements of that section, extend the subject to termination if a licensee where Israelis and Arabs can live together in time period during which licensee is required fails to begin construction within 4 peace, security, and dignity.’’ The resolution to commence the construction of the project years of the date of issuance. There are for not more than one 2-year time period. before us mentions peace and security for many reasons why construction of a Israel, but it says nothing of peace and secu- The SPEAKER pro tempore. Pursu- project may not begin within the stat- rity for the Palestinian people in the Occupied ant to the rule, the gentleman from Il- utory 4-year period, including lack of a Territories. Where is the balance? linois (Mr. SHIMKUS) and the gentleman power sales contract or, in the case of Unfortunately, we again have a resolution from Ohio (Mr. BROWN) each will con- the bill before us, the absence of a com- before the House that is perceived to be one- trol 20 minutes. pleted transmission line to carry power sided in nature, and which does not present The Chair recognizes the gentleman from the project to areas where it is the United States as an honest broker to both from Illinois (Mr. SHIMKUS). needed. sides in this conflict. GENERAL LEAVE I will support this resolution, but I wish to The purpose of the bill before us, Mr. SHIMKUS. Mr. Speaker, I ask make it know that the Congress of the United H.R. 337, is to direct FERC upon the re- unanimous consent that all Members States should strive to support the goal of quest of the licensee to issue an order may have 5 legislative days within peace in the region for all peoples. The United staying a license of a hydroelectric which to revise and extend their re- States must act as an even-handed honest project in the State of Alaska, pending marks on H.R. 337 and to insert extra- broker to all parties in the Palestinian-Israeli the construction of an associated neous material on the bill. conflict if there is ever to be peace in the re- transmission line. Once the line is The SPEAKER pro tempore. Is there gion. completed, the bill directs FERC to lift Mr. LANTOS. Mr. Speaker, I yield objection to the request of the gen- the stay and extend the deadline to back the balance of my time. tleman from Illinois? commence construction for one addi- Ms. ROS-LEHTINEN. Mr. Speaker, I There was no objection. tional 2-year period. The legislation have no further requests for time, and Mr. SHIMKUS. Mr. Speaker, I yield also directs FERC to extend the dead- I yield back the balance of my time. myself such time as I may consume. line to commence construction of the The SPEAKER pro tempore (Mr. Mr. Speaker, I rise today in support project for one additional 2-year pe- OTTER). The question is on the motion of H.R. 337, which was introduced by riod. offered by the gentlewoman from Flor- the gentleman from Alaska (Mr. On January 22, 1998, FERC issued a li- ida (Ms. ROS-LEHTINEN) that the House YOUNG). The bill before us today di- cense to the City of Saxman, Alaska, suspend the rules and agree to the reso- rects the Federal Energy Regulatory to construct and operate and maintain lution, H. Res. 61. Commission, known as FERC, upon re- the 96-megawatt Mahoney Lake Hydro- The question was taken. quest of a license to issue a stay of a li- electric Project. The project is located The SPEAKER pro tempore. In the cense for a hydroelectric project in on Upper Mahoney Lake and Upper opinion of the Chair, two-thirds of Alaska pending the construction of an Mahoney Creek near Ketchikan in

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.017 H11PT1 H346 CONGRESSIONAL RECORD — HOUSE February 11, 2003 southeast Alaska. The project is not tion and the Commission’s procedures under ergy and Commerce. H.R. 397 extends projected to be economically viable that section— the deadline for commencement of con- until the completion of the associated (1) reinstate the license for the construc- struction for up to 6 years. Not count- Swan-Tyee transmission line. The Cape tion of the project as of the effective date of ing the years in which the license was the surrender of the license; and Fox Corporation, which oversees the (2) extend the time period during which the surrendered, this potentially amounts construction and the operation and the licensee is required to commence the con- to 9 years for the licensee to commence maintenance of the project, stands to struction of the project for 3 consecutive 2- construction. The legislation provides lose a substantial investment in the year periods beyond the date that is 4 years for up to three consecutive 2-year ex- project if the license expires prior to after the date of issuance of the license. tensions instead of a single 6-year ex- completion of the transmission line. The SPEAKER pro tempore. Pursu- tension to ensure that the licensee Last year, S. 1843, a similar bill, was ant to the rule, the gentleman from Il- must continue to meet Federal Power amended and passed the House by linois (Mr. SHIMKUS) and the gentleman Act section 13 requirements to pros- unanimous consent. While that bill was from Ohio (Mr. BROWN) each will con- ecute construction in good faith and amended by the House, the official pa- trol 20 minutes. with due diligence before obtaining pers that were delivered to the Senate The Chair recognizes the gentleman each 2-year extension. did not contain the amendment that from Illinois (Mr. SHIMKUS). This requirement to move forward in passed the House. As a result, the GENERAL LEAVE good faith and due diligence is impor- version subsequently passed by the Mr. SHIMKUS. Mr. Speaker, I ask tant because when someone holds a li- Senate did not contain the House unanimous consent that all Members cense, but fails to develop a project, amendment, and the Speaker properly may have 5 legislative days within that someone is potentially preventing did not sign the bill to clear it for the which to revise and extend their re- others from developing the site for hy- White House since the official papers marks on this legislation and to insert dropower or other uses. Sometimes a did not accurately reflect the vote or extraneous material on the bill. licensee who is not developing a site the will of the House. This was the The SPEAKER pro tempore. Is there may in fact be purposely using license right thing for the Speaker to do. It is objection to the request of the gen- extensions to prevent other potential important that the author and sup- tleman from Illinois? applicants from developing it, a proc- porters of this bill not be penalized un- There was no objection. ess known as ‘‘site banking.’’ While necessarily for the clerical error that Mr. SHIMKUS. Mr. Speaker, I yield FERC is not aware of any other party occurred in the House. I am pleased we myself such time as I may consume. that is interested in this particular are able to move this bill quickly to Mr. Speaker, I rise today in support case in developing this site, if FERC fulfill our commitment to the gen- of H.R. 397, a bill that I introduced. determines a licensee is not pros- tleman from Alaska (Mr. YOUNG) and H.R. 397, which passed the Committee ecuting construction in good faith and to his constituents. I urge my col- on Energy and Commerce by voice with due diligence, the agency can in leagues to support the legislation. vote, will help the city of Carlyle, Illi- fact refuse to grant a request for an ad- Mr. Speaker, I yield back the balance nois, construct a hydroelectric power ditional 2-year extension, can termi- of my time. plant on Carlyle Lake in my district. nate the license, and make the site Mr. SHIMKUS. Mr. Speaker, I have This plant will enable communities in available for other uses. This is appro- no further requests for time, and I southwestern Illinois to use water priate public policy. yield back the balance of my time. flowing through the Carlyle Lake Dam The author deserves credit for The SPEAKER pro tempore. The to help meet their energy needs. crafting the legislation in this manner. question is on the motion offered by In 1967 the Army Corps of Engineers I urge my colleagues to pass the bill. the gentleman from Illinois (Mr. formed Carlyle Lake by building a dam Mr. Speaker, I yield back the balance SHIMKUS) that the House suspend the on the Kaskaskia River. Since the lake of my time. rules and pass the bill, H.R. 337. was formed, surrounding communities Mr. SHIMKUS. Mr. Speaker, I have The question was taken; and (two- have not had a hydroelectric power no further requests for time, and I thirds having voted in favor thereof) plant to make use of the lake’s tremen- yield back the balance of my time. the rules were suspended and the bill dous potential as a renewable energy The SPEAKER pro tempore. The was passed. source. The Federal Energy Regulatory question is on the motion offered by A motion to reconsider was laid on Commission, known as FERC, granted the gentleman from Illinois (Mr. the table. Southwestern Electric Cooperative a SHIMKUS) that the House suspend the f license to begin construction of a rules and pass the bill, H.R. 397. power plant in 1997. But the coopera- The question was taken; and (two- REINSTATING AND EXTENDING tive surrendered the license after it DEADLINE FOR CONSTRUCTION thirds having voted in favor thereof) was unable to begin the project in the the rules were suspended and the bill OF HYDROELECTRIC PROJECT IN required time period. This legislation ILLINOIS was passed. would permit the FERC to reinstate A motion to reconsider was laid on Mr. SHIMKUS. Mr. Speaker, I move Southwestern Electric Cooperative’s li- the table. to suspend the rules and pass the bill cense and extend the deadline to begin f (H.R. 397) to reinstate and extend the construction so that there is time to deadline for commencement of con- properly design a facility. b 1545 struction of a hydroelectric project in This generating facility will utilize RECOGNIZING THE 92ND BIRTHDAY the State of Illinois. the already-existing dam, helping to OF RONALD REAGAN The Clerk read as follows: reduce the cost and minimize any envi- Mrs. BLACKBURN. Mr. Speaker, I ronmental concerns. The city of H.R. 397 move to suspend the rules and pass the Carlyle estimates that the hydro- Be it enacted by the Senate and House of Rep- joint resolution (H.J. Res. 19) recog- electric power plant would provide resentatives of the United States of America in nizing the 92nd birthday of Ronald more than one third its annual energy Congress assembled, Reagan. needs. SECTION 1. EXTENSION OF TIME FOR FEDERAL The Clerk read as follows: ENERGY REGULATORY COMMISSION Mr. Speaker, I encourage all my col- PROJECT. leagues to join me in supporting this H.J. RES. 19 Notwithstanding the time period specified legislation. Whereas February 6, 2003, is the 92d birth- in section 13 of the Federal Power Act (16 Mr. Speaker, I reserve the balance of day of Ronald Wilson Reagan; U.S.C. 806) that would otherwise apply to the my time. Whereas Ronald Reagan is the first former Federal Energy Regulatory Commission President ever to attain the age of 92; project numbered 11214, the Commission Mr. BROWN of Ohio. Mr. Speaker, I Whereas both Ronald Reagan and his wife may, at the request of the licensee for the yield myself 2 minutes. Nancy Reagan have distinguished records of project, and after reasonable notice, in ac- I rise in support of H.R. 397, intro- public service to the United States, the cordance with the good faith, due diligence, duced by the gentleman from Illinois American people, and the international com- and public interest requirements of that sec- (Mr. SHIMKUS) on the Committee of En- munity;

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.033 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H347 Whereas Ronald Reagan was twice elected sin’s attack with humor and courage. Today, we celebrate former President by overwhelming margins as President of the In an all-too-familiar scene, he com- of the United States Ronald Reagan’s United States; forted a Nation coping with the loss of 92nd birthday. We wish him well, and Whereas Ronald Reagan fulfilled his pledge our Challenger 7, and he kept his prom- trust that he will continue to carry on. to help restore ‘‘the great, confident roar of Mr. Speaker, I yield back the balance American progress, growth, and optimism’’ ises. Reagan campaigned on tax relief, and ensure renewed economic prosperity; and he delivered tax relief. In the proc- of my time. Whereas Ronald Reagan’s leadership was ess, he fueled record growth and expan- Mrs. BLACKBURN. Mr. Speaker, I instrumental in extending freedom and de- sion. yield such time as he may consume to mocracy around the globe and uniting a Reagan’s accomplishments were not the gentleman from California (Mr. world divided by the Cold War; just on do the domestic front. At the COX), the distinguished sponsor of this Whereas Ronald Reagan is loved and ad- Brandenburg Gate, he defied the dip- resolution. mired by millions of Americans, and by lomats and said what millions of Amer- Mr. COX. Mr. Speaker, we are here countless others around the world; icans were thinking: ‘‘Mr. Gorbachev, today to commemorate the birthday of Whereas the recent tragic loss of the space tear down this wall.’’ Today, we know President Reagan. As you know, he shuttle Columbia and her crew remind us of turned 92 just a few days ago, and as how, 17 years ago, Ronald Reagan’s elo- that Communist Russia was shaken to quence helped heal the Nation after the its core by this new type of a leader, you know, Mr. Speaker, we were de- Challenger disaster; one who was not afraid to stand tall for layed in honoring him here on the floor Whereas Nancy Reagan not only served as freedom. because of the Space Shuttle Columbia a gracious First Lady but also led a national Now I hope this House will join all tragedy. It is fitting that we remember crusade against illegal drug use; Americans in honoring President Rea- President Reagan in this context be- Whereas, together Ronald and Nancy gan’s 92nd birthday and, more impor- cause in his time, during his presi- Reagan dedicated their lives to promoting tantly, his remarkable life. dency, he helped heal and bring to- national pride and to bettering the quality of Mr. Speaker, for these reasons, I urge gether our Nation in the wake of the life in the United States and throughout the all Members to support the adoption of Challenger disaster. world; and Just as his words honored the crew of Whereas the thoughts and prayers of the House Joint Resolution 19. Congress and the country are with Ronald Mr. Speaker, I reserve the balance of the Space Shuttle Challenger, President Reagan in his courageous battle with Alz- my time. Reagan’s eloquence continues to com- heimer’s disease: Now, therefore, be it Mr. DAVIS of Illinois. Mr. Speaker, I fort and console us as we now remem- Resolved by the Senate and House of Rep- yield myself of such time as I may con- ber the fallen crew of the Space Shut- resentatives of the United States of America in sume. tle Columbia. President Reagan’s words Congress assembled, That the Congress, on be- Mr. Speaker, a bigger-than-life of January 28, 1986, speak to us 17 years half of the American people, extends its screen actor and television personality, later with all of their original force birthday greetings and best wishes to Ronald Ronald Reagan moved from being Gov- and beauty. He said, ‘‘We will never Reagan on his 92d birthday. ernor of California in the 1960s to forget them, nor the last time we saw The SPEAKER pro tempore (Mr. President of the United States and them, as they prepared for their jour- OTTER). Pursuant to the rule, the gen- dominating American politics in the ney and waved good-bye, and ‘slipped tlewoman from Tennessee (Mrs. 1980s. the surly bonds’ of effort and ‘to touch BLACKBURN) and the gentleman from Il- He was the first President to be re- the face of God.’ ’’ linois (Mr. DAVIS) each will control 20 elected to a second term since Dwight At 92, President Reagan is America’s minutes. Eisenhower. Media-made and media- oldest President ever. The previous The Chair recognizes the gentle- presented, Ronald Reagan got millions record was set by John Adams. You re- woman from Tennessee (Mrs. of Americans to feel proud of their Na- member, Mr. Speaker, that John BLACKBURN). tion. America’s 40-year Cold War with Adams and Thomas Jefferson died on GENERAL LEAVE the Soviet Union cooled considerably the same day, and they died, even more Mrs. BLACKBURN. Mr. Speaker, I and perhaps actually ended during Rea- remarkably, on the 50th anniversary of ask unanimous consent that all Mem- gan’s presidency. Many Americans the Declaration of Independence. bers may have 5 legislative days within credit him with having achieved what As we think back years from now, as which to revise and extend their re- became a significant outcome. we think back on our founding, on our marks on H.J. Res. 19. Born the son of a shoe salesman in founders, on the Declaration of Inde- The SPEAKER pro tempore. Is there small-town Illinois, Reagan’s impover- pendence and our great Presidents, I objection to the request of the gentle- ished but loving parents instilled in am quite sure that we will recall Ron- woman from Tennessee? him a sense of optimism that carried ald Reagan, for he has already distin- There was no objection. him through college as an average stu- guished himself as one of America’s Mrs. BLACKBURN. Mr. Speaker, I dent. After graduation, he worked for a most remarkable individuals. yield myself such time as I may con- few years as a sports broadcaster in Any one of his careers would itself be sume. Midwestern radio before landing a film worthy of recognition by this Congress. Mr. Speaker, House Joint Resolution contract with Warner Brothers, which He was an accomplished sports an- 19, introduced by our distinguished col- took him to Hollywood in 1936. Over nouncer on radio. He was a very re- league, the gentleman from California the next 30 years, Reagan made scores nowned film actor. As you know, he (Mr. COX), recognizes the 92nd birthday of films, including many Army films was one of the best-known actors in of President Ronald Reagan. produced during World War II. He America. He was a labor leader, twice Last Thursday, February 6, Ronald hosted two popular television series elected president of the Screen Actors Reagan became the first President to and he actively engaged in politics as Guild. He was a very successful two- reach the age of 92. This resolution president of the Screen Actors Guild. term Governor of California, and a very honors the man whose very name rep- In the 1950s, Ronald Reagan changed successful two-term President of the resents an era, a leader who saw in from being a Roosevelt New Deal Dem- United States, elected twice in land- America that shining city on a hill ocrat to a conservative Republican. In slides. when we had lost our sense of national 1966, he became Governor of California. He was called the Great Communi- purpose. He was reelected in 1970. Using his pop- cator, in part because he spent so much Reagan’s legacy transcends the dec- ularity in California, Reagan unsuc- time on television explaining his poli- ade in which he served. He has become cessfully challenged President Gerald cies to us. He was quite good at it. But the standard bearer of expectations for Ford for the Republican nomination in it was more than communication skill, modern-day Presidents. And as time 1976. He tried again and won the nomi- because he had something very impor- passes, history is judging him well. nation in 1980, and thereafter defeated tant to communicate. Lady Thatcher, Those who once doubted Reagan’s vi- the incumbent Democrat, Jimmy then Prime Minister Thatcher, com- sion have come to recognize his great- Carter. With his 1984 reelection vic- pared Ronald Reagan to Winston ness. tory, President Reagan became the Churchill. She said, ‘‘Like Winston During two terms in office, Reagan most politically successful Republican Churchill, he made words fight like sol- bounced back from a would-be assas- President since Eisenhower. diers, and lifted the spirit of a nation.’’

VerDate Jan 31 2003 04:24 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.008 H11PT1 H348 CONGRESSIONAL RECORD — HOUSE February 11, 2003 If the events of September 11 have dinary symbol of all that makes our so- on the House floor in honor of this taught us anything, it is that America ciety great. And as the foundation of great man. still requires a strong national defense President Reagan’s greatness is his If it were not for his principles of against enemies who would destroy character, so it is part and parcel of limited government, personal responsi- freedom and democracy. our Nation’s character as well. bility, and strong fiscal discipline, I When Ronald Reagan became Presi- He once said, ‘‘The character that might not be here today. Mr. Speaker, dent, we had endured an era of national takes command in moments of crucial it is with those principles in mind that malaise, bereft of any sense of moral choices has already been determined by I decided to become a candidate for the direction. Throughout his term of of- 1,000 other choices made earlier in United States House of Representa- fice, throughout 8 of the fastest-mov- seemingly unimportant moments.’’ tives. It is those principles that I will ing years in history, President Reagan At this hour, as Congress wrestles remain loyal to as long as I am a Mem- brought our Nation back with his Irish with crucial choice, our character is ber of this body. twinkle and that homespun style of being tested, I pray vigorously that our In 1985 President Reagan said, ‘‘We in his, which seemed never to abate. He response will be founded in a tradition government should learn to look at our brought a new assurance to America. of great character, of wise choices. May country with the eyes of the entre- He not only was America’s oldest we look to the character of Ronald preneur, seeing possibilities where oth- President, he was one of America’s Reagan for inspiration. ers see only problems.’’ As a former most active Presidents ever, and he I will close with these words from his small business owner, I could not agree was one of the most energetic leaders farewell address: ‘‘Because we are a more with that sentiment. of the Free World that the world has great Nation, our challenges seem com- So, Mr. Speaker, I am glad that we ever seen. With a toughness that we plex. It will always be this way. But as are here today, able to honor President had not seen in a long time, he stood long as we remember our first prin- Reagan, because it has given me an op- toe-to-toe with what he unabashedly ciples and believe in ourselves, the fu- portunity to say ‘‘thank you’’ to a described as the Evil Empire. For such ture will always be ours.’’ great man, and happy birthday, Mr. moral clarity, he was dismissed as Happy birthday, Mr. President. President. naive and dangerously undiplomatic. Mrs. BLACKBURN. Mr. Speaker, I Mrs. BLACKBURN. Mr. Speaker, I When he said, ‘‘Mr. Gorbachev, tear yield 2 minutes to the distinguished yield 2 minutes to the distinguished down this wall,’’ he was criticized. The gentleman from Florida (Mr. LINCOLN gentleman from New Jersey (Mr. GAR- realists among us knew that the Soviet DIAZ-BALART). RETT). Union was going to be there forever Mr. LINCOLN DIAZ-BALART of Mr. GARRETT of New Jersey. Mr. and we should learn to accommodate Florida. Mr. Speaker, it can be said Speaker, I thank the gentlewoman for it. President Reagan saw a different fu- that the most important facet and in- yielding me this time. ture, and he worked hard to bring it dispensable quality for leadership is to Mr. Speaker, I rise to honor the 92nd about. As a result, hundreds of millions be able to see the future, at least in its birthday of our 40th President, the of people, not just in the Soviet Union, most important aspects, and the abil- honorable and great Ronald Reagan. but throughout Central and Eastern ity to stay the course, despite all the We live in a world today that is very Europe, were liberated. inevitable pressures leading in other similar to the world that Ronald If he were with us here today, Presi- directions in order to reach that fu- Reagan faced as President in 1981 to dent Reagan would humbly acknowl- ture. 1989. Just as the President overcame an edge that he appreciated the birthday I consider it an honor to be able to economy that at the time was buried in wishes on the 53rd anniversary of his rise in this House of Representatives a recession and he fought to rid the 39th birthday. today to wish President Reagan happy world of communism, so too our Presi- When former President Clinton was birthday on the occasion of his 92nd dent today, George W. Bush, is working running for office, he once said Amer- birthday. hard to put in place an economic pack- ica needed a President for the ’90s. Per- age that will spur on the economy, b 1600 haps now, if we could repeal the 27th while continuing to fight terrorism, Amendment, we could have a President The United States of America and, both here and abroad as well. in his 90s. Hope springs eternal. indeed, the world, owes so much to President Reagan entered the White Mr. Speaker, President Reagan and Ronald Reagan. Ronald Reagan was House in 1981 when the economy was in his vision will not be forgotten. His someone who, at a very critical mo- a recession. His solution to that prob- love of country and his ability to see ment in the history of the United lem was dubbed then, and we still call the best in all of us revitalized our States, arose and offered himself in it today, ‘‘Reaganomics.’’ It involved common faith in the American dream. leadership to, in effect, save the Free an immediate and across-the-board tax President Reagan’s enthusiasm and World. I admire Ronald Reagan pro- cut; and it was designed to create jobs, big-hearted spirit of America continues foundly. Each day, as we have the op- encourage investment, and provide eco- to inspire us with a vision of our poten- portunity to learn more and more nomic efficiency in this country. tial and the limitless possibilities that about the history of the tumultuous His policies essentially laid down the dwell just beyond the horizon. events that saw his presidency, that his foundations for a prosperous and gen- As he said at the end of his D-Day presidency lived through, as we learn erous society. His tax cuts eventually speech in Normandy, we can say of more, we see Ronald Reagan’s great- led to higher government revenues, not President Reagan: Mr. President, we ness more, and not only his impor- less; greater economic efficiency and, will always remember, and we will al- tance, but his indispensable, indispen- ultimately, pulling us out of that re- ways be proud. Happy birthday. sable contribution to the freedom of cession. Mrs. BLACKBURN. Mr. Speaker, I the world and the end of what he right- President Reagan also took a strong thank the gentleman from California fully called the Evil Empire as seen in moral stance against communism on for introducing this very worthwhile all its truth. all fronts. Knowing that our Nation measure. So I commend my colleagues for hav- faced grave threats on a daily basis, he Mr. Speaker, I yield 2 minutes to the ing brought this resolution forward. provided our military with the re- distinguished gentleman from Colorado Happy birthday, President Reagan. sources they needed at that time to get (Mr. BEAUPREZ). Mrs. BLACKBURN. Mr. Speaker, I the job done, and they were able to get Mr. BEAUPREZ. Mr. Speaker, I yield 2 minutes to the distinguished the job done. thank the gentlewoman for yielding me gentleman from Indiana (Mr. CHOCOLA). President Reagan is really one of the time. Mr. CHOCOLA. Mr. Speaker, today I greatest figures of our time, and he Mr. Speaker, I rise today to join my rise to pay tribute to a great man, our will be remembered in the White House colleagues in recognizing the 92nd 40th President of the United States, and in this Nation as a man of great birthday of President Ronald Reagan. Ronald Reagan, on the occasion of his talent and great character. To many Americans, President Reagan 92nd birthday. I believe it is indeed ap- We must honor his legacy today by is more than a man. He is an extraor- propriate that I make my first speech continuing to ensure that tyranny is

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.039 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H349 conquered by liberty and that every and the will of the Communist bosses He preferred to see himself as a simple cit- American sees permanent tax relief in in Moscow crumbled, for the first izen who was called upon to serve the nation their checkbook. President they ever had to stand up, he so loved. I believe we do this, Mr. Speaker, by who really believed in freedom and de- Ronald Reagan truly is a great American, in continuing to make every effort to mocracy and was willing to make that every sense. stand for freedom, defend our citizens, part of America’s offensive policy Led by his belief in the limitless potential of and to help make the world a safer and against Communist tyranny. Americans, President Reagan turned the tide better place to live. We do that by That changed the world. It has made of public cynicism and sparked a national re- bringing terrorists to justice and it safer. It gave us the opportunity to newal. spreading prosperity to all Americans spend less money, hundreds of billions During his eight year tenure, the United with job creation and immediate tax of dollars less on a national defense States enjoyed a period of astonishing eco- relief. over the years. We would never have nomic growth, military superiority, and inter- Mrs. BLACKBURN. Mr. Speaker, I had that respite, except that Ronald national change. yield such time as he may consume to Reagan stood firm. When people said, Ronald Reagan’s contagious optimism and the gentleman from California (Mr. let us have a nuclear freeze that leaves passionate patriotism served as a inspiration ROHRABACHER), who knew and worked the Soviet Union in a dominant posi- to the entire nation. Under his leadership, very closely with President Reagan. tion, Reagan said no. If we are going to Americans believed, once again, in the Amer- Mr. ROHRABACHER. Mr. Speaker, do anything with nuclear weapons, it ican Dream. As we enter the 21st Century, our Nation happy birthday to Ronald Reagan. I am has to leave us both on par. We will still finds its strength in President Reagan’s sure Nancy is watching, and she knows have a mutual reduction of nuclear ideals and his steadfast confidence in democ- how much we care for and love Ronald weapons, and that is exactly what hap- Reagan; and she has been at his side racy, freedom, and America. pened. They said it could never be Often, as Americans, we look back at our from the beginning. done, and they called him a war mon- history to learn from our mistakes and cele- I met Ronald Reagan when I worked ger for demanding something that in his campaign for Governor in 1966. I brate our triumphs. could never happen, that the Com- The leadership and accomplishments of worked on both of his presidential cam- munist bosses would never agree to. President Reagan certainly will not be forgot- paigns; and then, after he won his pres- Mr. Speaker, we are all the recipients ten, for they shaped the country we call home idential race in 1980, I went with him of Ronald Reagan’s wisdom. We all are and the world as we know it today. to the White House for 7 years and benefiting from the strength of char- Thank you President Reagan for your com- worked with him as one of his principal acter of this man who carried us from mitment, dedication, and faith in America and speech writers. Let me note, I had uncertainty and in retreat and left an her people. never written a speech for anyone be- America on the rise, an America that Mr. STARK. Mr. Speaker, I gladly recognize fore I wrote a speech for Ronald was growing economically, but an and congratulate President Ronald Reagan on Reagan as President of the United America that was reinvigorated in its his 92nd birthday. However, I voted present States. He taught me all about speech- commitment to freedom and justice because I could not in good conscience sup- writing. We always used to say, if and to treat the people of the world de- port a resolution that goes beyond simply of- President Reagan was not a President, cently. We captured, we captured the fering personal well wishes and endorses he was a good enough writer to be the hearts and souls of the people through- President Reagan’s economic policies. President’s speech writer. out the world, the young people, espe- I do not believe President Reagan’s legacy But more than that, his skill was his cially those in the Soviet Union. of monumental budget deficits and excessive principles that counted. He had prin- Today, we should take heed of what tax cuts for the rich was good economic pol- ciples and ideals. He had a philosophy Ronald Reagan did and remember, icy. I don’t believe his policies renewed Amer- that included an economic philosophy those people in Iraq are our greatest ica’s economic prosperity. Instead they left too and a personal philosophy. He brought ally. Those people in China are our many Americans behind and left a giant bill about a change in the national spirit greatest ally, those people who want we are still paying today. that saved America. He brought about democracy and freedom and suffer I am sorry that the authors of this resolution a change in the economy that saved under their tyranny; and we should be felt it necessary to insert such partisan lan- America. He brought about a change in on their side and we too can make this guage. It would have otherwise been a com- America’s strategic position that saved a better and more peaceful world as pletely non-controversial resolution that I the world. His tax cuts turned our Ronald Reagan did. We are grateful to would gladly support it. economy around and gave us the long- Ronald Reagan. Happy birthday, Ron- Mr. MARIO DIAZ-BALART of Florida. Mr. est period of growth in American his- ald Reagan. We are grateful to you. We Speaker, I rise to honor a great American and tory. And yes, there were deficits. But really appreciate it. our 40th President—Ronald Reagan. He is a had we not had Ronald Reagan’s eco- Mrs. BLACKBURN. Mr. Speaker, for man who not only inspired a generation, but nomic policy in place, those deficits all of the reasons that have been ar- led a Nation through one of its most chal- charted out the way it was before ticulated by my esteemed colleagues, I lenging eras. His inspiration has carried well Reagan would have been twice as big as urge adoption of this measure. beyond his public years and will influence what happened under Reagan’s period Mr. GIBBONS. Mr. Speaker, it is a great Americans well beyond our years in Congress. of growth. honor for me to recognize former President Let us never forget that the very policies we Bill Clinton could not even change Ronald Reagan’s ninety-second birthday and fight for every day on the House floor—in- the direction that Ronald Reagan his unceasing commitment to our great nation. creased defense spending, tax relief, home- started. That is how strong an influ- In 2000, Congresswoman JENNIFER DUNN, land security and fiscal discipline—have the ence he was on the American people. the late Senator Paul Coverdell, and I intro- fingerprints of Ronald Reagan all over them. It Remember, right up here, Bill Clinton duced legislation to bestow the Congressional was his leadership and ingenuity decades ago declared the era of big growth or big Gold Medal to President Reagan and his be- that serve as the very foundation of our legis- government is over. loved wife, Nancy, in honor of their dedicated lative agendas today. But what is most important, Ronald service to the United States. Ronald Reagan not only inspired a Nation— Reagan, criticized by people on the The Reagans formally received their Con- He inspired the world to follow a path of other side of the aisle, criticized as a gressional Gold Medal last May, at a special progress and humanity in a decade plagued war monger, criticized as someone who ceremony here in the Capitol. with the threat of communist tyranny. Today, had a bad heart, stood firm and strong, Upon passage of the Reagan Congressional we face a similar battle—this time against the supported freedom in the world, and de- Gold Medal bill, Mrs. Reagan remarked, ‘‘it threat of terrorism and weapons of mass de- manded that Gorbachev tear down the means a lot to us to receive so much support struction. While Ronald Reagan may not be Wall. This is what changed the world. at this difficult time, and we are very honored.’’ leading us in this battle, let us follow the path It was his strength of character, even Yet, honor and fame were never priorities that he blazed over a decade ago. Should we when he was being criticized personally for Ronald Reagan, and his journey to the follow the principles of his leadership, the and undermined every step of the way White House was not marked by a desire for blanket of freedom and democracy over Amer- for political purposes, he stood strong power or position. ica will only grow stronger.

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K11FE7.049 H11PT1 H350 CONGRESSIONAL RECORD — HOUSE February 11, 2003 Let me also note that it would not be appro- Whereas the 2002 National Collegiate Ath- In December, the Pilots won their priate to honor President Reagan without hon- letic Association Division I title is the first first-ever national title in a 2-to-1 win oring the person that has heroically stood by championship in any sport for the University over Santa Clara University at the 2002 of Portland; NCAA Women’S College Cup. The Pi- his side with complete dedication and unwav- Whereas the University of Portland Pilots’ ering commitment. Nancy Reagan’s commit- 20–4–1 record in 2002 tied the record for wins lots ended their season with an impres- ment to her husband, parallels President Rea- in a season in University of Portland wom- sive 20 win, 4 loss, 1 tie record. gan’s commitment to this Nation. Her daily en’s soccer history; The Pilots’ victory exemplifies the struggle to confront a disease that has taken Whereas head coach Clive Charles, the Uni- determination and dedication that is a away the true voice and spirit we continue to versity of Portland director of women’s and hallmark of collegiate athletic pro- rally around is nothing short of heroic and men’s soccer, has successfully built a nation- grams. A national championship is an should inspire this entire Nation. ally recognized collegiate soccer program, accomplishment that will characterize I ask my colleagues to join me in honoring leading the University of Portland women’s the University of Portland’s women’s and men’s teams to a collective 12 con- President Reagan on his 92 birthday by sup- ference championships and 16 NCAA playoff soccer team as a viable competitor for porting H.J. Res. 19. berths, and producing players for the United years to come. Mrs. BLACKBURN. Mr. Speaker, I States National and Olympic teams; Congratulations are in order to Head yield back the balance of my time. Whereas, on the way to the national cham- Coach Clive Charles and the entire The SPEAKER pro tempore (Mr. pionship, the Pilots defeated 7 nationally women’s soccer team at the University WHITFIELD). The question is on the mo- ranked opponents, which included a 2–1 title of Portland. I am happy to join the tion offered by the gentlewoman from game triumph over the reigning champion, gentleman from Oregon (Mr. Santa Clara University; Tennessee (Mrs. BLACKBURN) that the BLUMENAUER) in honoring this extraor- Whereas the Pilots, the tournament’s num- House suspend the rules and pass the ber 8 seed, now hold the record as the lowest dinary team in all of its accomplish- joint resolution, H.J. Res. 19. seeded-team to win the national title in the ments, and I wish all involved a very The question was taken. women’s national championship 21-year his- successful future. The SPEAKER pro tempore. In the tory; I urge my colleagues to support this opinion of the Chair, two-thirds of Whereas sophomore Christine Sinclair set resolution. those present have voted in the affirm- an NCAA tournament record with 21 points Mr. Speaker, I reserve the balance of ative. on 10 goals and 1 assist; my time. Mrs. BLACKBURN. Mr. Speaker, on Whereas each player, coach, trainer, and Mr. KILDEE. Mr. Speaker, I yield that I demand the yeas and nays. manager dedicated time and effort to ensur- ing that the Pilots reached the pinnacle of myself such time as I may consume. The yeas and nays were ordered. team achievement; and Mr. Speaker, I rise in support of H. The SPEAKER pro tempore. Pursu- Whereas the students, alumni, faculty, and Res. 41 congratulating the University ant to clause 8 of rule XX and the supporters of the University of Portland are of Portland’s women’s soccer team for Chair’s prior announcement, further to be congratulated for their commitment winning the NCAA Division 1 cham- proceedings on this motion will be and pride in the Pilots’ women’s soccer pro- pionship. postponed. gram: Now, therefore, be it On December 8, the University of Resolved, That the House of Representa- f Portland captured its first national tives— championship. In fact, this is the Uni- MAKING IN ORDER AT ANY TIME (1) congratulates the University of Port- CONSIDERATION OF H.R. 395, DO- land women’s soccer team for winning the versity of Portland’s first national NOT-CALL IMPLEMENTATION 2002 NCAA Division I national championship championship in any sport. I want to start by extending my con- ACT and recognizes the achievements of all the players, coaches, and support staff who were gratulations to Head Coach Clive Mr. LINCOLN DIAZ-BALART of instrumental in this accomplishment; Charles and to all of the athletes on Florida. Mr. Speaker, I ask unanimous (2) requests that the President recognize the University’s winning squad. consent that it be in order at any time the accomplishments and achievements of Winning a championship brings na- without intervention of any point of the 2002 University of Portland women’s soc- tional acclaim to a school, and the cer team and invite them to Washington, order to consider in the House H.R. 395; team’s players and fans should treasure that the bill be considered as read for D.C., for a White House ceremony for na- tional championship teams; and this exciting moment. amendment; that the bill be debatable (3) directs the Clerk of the House of Rep- While it is important that we focus for 1 hour, equally divided and con- resentatives to make available enrolled cop- on this victory, it is also critical to trolled by the chairman and ranking ies of this resolution to the University of recognize how opportunities for women minority member of the Committee on Portland for appropriate display and to in sports have grown and the impact of Energy and Commerce; and that the transmit an enrolled copy of the resolution title IX. previous question be considered as or- to each coach and member of the 2002 Uni- dered on the bill to final passage, with- versity of Portland women’s soccer team. b 1615 out intervening motion. The SPEAKER pro tempore. Pursu- This win by the University of Port- The SPEAKER pro tempore. Is there ant to the rule, the gentleman from land Women’s Soccer Team reminds us objection to the request of the gen- Georgia (Mr. ISAKSON) and the gen- of the value and importance of this tleman from Florida? tleman from Michigan (Mr. KILDEE) landmark statute. There was no objection. each will control 20 minutes. Unfortunately, Title IX is once again f The Chair recognizes the gentleman under attack. The administration’s from Georgia (Mr. ISAKSON). Commission on Opportunity in Ath- CONGRATULATING THE UNIVER- GENERAL LEAVE letics recently proposed so-called re- SITY OF PORTLAND WOMEN’S Mr. ISAKSON. Mr. Speaker, I ask forms to Title IX that would under- SOCCER TEAM FOR WINNING THE unanimous consent that all Members mine this important civil rights stat- 2002 NCAA DIVISION I NATIONAL may have 5 legislative days within ute. The commission’s reports would CHAMPIONSHIP which to revise and extend their re- recommend that girls and women be Mr. ISAKSON. Mr. Speaker, I move marks on House Resolution 41. provided less athletic opportunity than to suspend the rules and agree to the The SPEAKER pro tempore. Is there boys and men by loosening protections resolution (H. Res. 41) congratulating objection to the request of the gen- and safeguards that have existed for the University of Portland women’s tleman from Georgia? many years. The commission was soccer team for winning the 2002 NCAA There was no objection. formed by Secretary Paige to advance Division I national championship. Mr. ISAKSON. Mr. Speaker, I yield the administration’s agenda to weaken The Clerk read as follows: myself such time as I may consume. the opportunity for women and girls on H. RES. 41 I rise in support of House Resolution the athletic field. Whereas, on December 8, 2002, the Univer- 41. This resolution recognizes and hon- With Title IX successes over the 3- sity of Portland women’s soccer team cap- ors the talent and accomplishments of plus decades of its existence why would tured its first ever undisputed collegiate na- the University of Portland women’s we want to weaken it now? Women now tional soccer championship; soccer team. constitute more than 40 percent of

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.046 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H351 those involved in college athletics, as Olympians. They are role models for letics and men’s athletics at the colle- opposed to 15 percent in 1972. our community, for young women in giate level, without the exclusion of While we may be confronted with Portland and around the country. anyone. And I feel honored to have proposals to change Title IX, I would I have watched my own daughter and been one to have known Mrs. Mink, advise the administration not to pro- her high school teammates be inspired and I am honored today to acknowl- pose initiatives to weaken this critical by their example. I have watched these edge that Title IX has been named law. outstanding college athletes share after Mrs. Mink. Mr. Speaker, in closing, I want to their skill and knowledge of the game Mr. Speaker, I reserve the balance of thank the gentleman from Oregon (Mr. with children in the community. Part my time. BLUMENAUER) and the rest of the Or- of this achievement is due to the out- Mr. KILDEE. Mr. Speaker, I yield egon delegation for introducing this standing coach, Clive Charles who, myself such time as I may consume. resolution, and again to extend my along with leading the Pilots to vic- Mr. Speaker, the gentleman from congratulations to the University of tory on the field, recently fought and Georgia (Mr. ISAKSON) has been very Portland’s Women’s Soccer Team. won a difficult battle against cancer. supportive of Title IX, and he and I Mr. Speaker, I reserve the balance of He is one of only five coaches in NCAA shared our great admiration of Mrs. my time. history to win 400 games. All of those, Mink. I appreciate his comments. Mr. ISAKSON. Mr. Speaker, I reserve we are pleased to say, are with the Uni- Mr. Speaker, I yield 5 minutes to the the balance of my time. versity of Portland. gentlewoman from California (Ms. Mr. KILDEE. Mr. Speaker, I yield Even by the university’s high stand- WOOLSEY). Ms. WOOLSEY. Mr. Speaker, I want such time as he may consume to the ards, this particular win was special. to join my colleagues in congratulating gentleman from Oregon (Mr. This determined team fought from the the women of the University of Port- BLUMENAUER). eighth seed in the tournament to take land Soccer Team for winning the Mr. BLUMENAUER. Mr. Speaker, I it all, as has never been done before in NCAA Division I National Champion- appreciate the gentleman’s courtesy in college cup history. While one hesi- ship. But let us not forget that we yielding me time and the kind words tates to single out specific players on must also congratulate Patsy Mink’s both he and the gentleman from Geor- this outstanding team, four Pilots were Title IX program, because if there were gia (Mr. ISAKSON) had. named to the all-tournament team, in- no Title IX, there would not be a soccer It is an honor to recognize the out- cluding Sinclair, Arase, defender standing achievement of the NCAA championship for women. Lauren Orlandos, and midfielder Erin Before Title IX, fewer than 30,000 Women’s Soccer champions from the Misaki. girls participated in intercollegiate University of Portland to share with I would be remiss not to mention the athletics. Today, more than 100,000 the rest of the country the excitement numerous records that were broken by women compete. In high school, fewer in Portland as the Pilots brought home the team in this effort. Christine Sin- than 7 percent of the young women the university’s first national cham- clair set an NCAA tournament record played varsity sports prior to Title IX. pionship. with 21 points on 10 goals and one as- Today, over 40 percent of young women It must be noted that this is not just sist, shattering Mia Hamm’s 1993 do. an achievement of an outstanding record of 16. Lauren Arase allowed just Do these games mean that the work group of young women. It is a symbol one goal in the 2002 play-offs, setting of Title IX is finished when it comes to of the achievement of an outstanding an NCAA record for play-off goals, an sports, that it is time for the sup- institution in Portland, Oregon. Once a average of 0.016, allowing just one goal porters of the Title IX to take their small regional Catholic college, the in six games. Her gutsy effort was rec- ball and go home? Absolutely not. Is University of Portland has grown in ognized in a recent New York Times ar- contrary to the scare tactics being prestige and esteem, drawing a diverse ticle chronicling her will to push on de- used by opponents of Patsy Mink’s student body from across the United spite a terrible injury in the champion- Title IX program, those who say that States and around the world. The U.S. ship game, illustrating the continued women’s sports are eating up all the News and World Report last year significance of Title IX. athletic funding. The facts show that ranked the university as one of the top The Pilot women who brought this women’s sports continue to receive far five regional universities in the Nation. title are the pride of an outstanding less funding than men’s sports. The faculty, students and trustees university. There is no more fitting In the community of Duquesne, can be justly proud of the accomplish- symbol of the power and purpose of Pennsylvania, girls’ sports receive one ments of the last quarter century women’s athletics than their cham- dime, one thin dime, for every dollar under the leadership of Father Paul pionship. I am pleased that President spent on boys’ sports. Waldschmidt, the late Father Tom Bush will honor the team with a White In my own State of California, where Oddo, and more recently, President House ceremony later this month, and women make up over 56 percent of the David Tyson. I am pleased the House of Representa- full-time students at our 108 State col- The leadership of these presidents tives is honoring them today with this leges, women’s sports receive 35 per- and trustees has had a tremendous im- resolution. cent of the athletic budget. pact on the academic programs and the Mr. ISAKSON. Mr. Speaker, I yield In Georgia, more than 86 percent of physical development of the campus. myself such time as I may consume. the legislative grants for stadiums, But the University of Portland’s Wom- Mr. Speaker, I think it is only appro- lighting and equipment at public en’s Soccer Team symbolizes that level priate, particularly in light of the re- schools went to boys’ sports programs. of achievement, commitment and dedi- marks of the distinguished gentleman That would be 86 percent. cation. The Pilots Women’s Soccer from Michigan (Mr. KILDEE), for us to So while Title IX is transforming the Team has for over a decade compiled acknowledge at this time that after the playing field for women’s sports, and an outstanding record, six times reach- tragic passing of our colleague Patsy that is because of our late colleague, ing the highest levels in play-off com- Mink, Title IX was named after Patsy Patsy Mink, we are not close to being petition. But one must understand that Mink and will forever carry that name. even between men’s sports and wom- these players are students first. Secondly, I think it is important to en’s sports. We must be strong and we The University of Portland has one of understand that the opportunities pro- must continue to support Title IX; oth- the highest rates of graduating student vided by Title IX were the underpin- erwise the dream of an NCAA cham- athletes among the NCAA Division I ning which allowed teams like the pionship will not be alive for girls in colleges and universities across the Portland Pilots Women’s Soccer Team their future. country. to reach the heights of achievement in Mr. ISAKSON. Mr. Speaker, I yield The soccer program at the University NCAA collegiate athletics. All of us in myself such time as I may consume. of Portland has produced women ath- this House are proud of the achieve- Mr. Speaker, would the distinguished letes who are today household names ments of women’s teams at the colle- gentlewoman from California (Ms. in the soccer world like Tiffeny giate level and are committed to the WOOLSEY) wait for just a minute? I Millbrett, Shannon MacMillan, both continuing excellence of women’s ath- want to make a clarification.

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.054 H11PT1 H352 CONGRESSIONAL RECORD — HOUSE February 11, 2003 Mr. Speaker, I think I heard that in than women, and their total operating and we have already seen the gains the State of Georgia 85 percent of the budgets are always double, at least, that women have made in the Olym- money appropriated by the legislature those of women’s sports. And yet the pics. We have seen our United States went to men’s athletic facilities. critics of Title IX argue that the male athletes win in those Olympic games. Ms. WOOLSEY. Mr. Speaker, will the athletes are suffering because of Title Why? Because of title IX. gentleman yield? IX. Overall, as a direct result of title IX, Mr. ISAKSON. I yield to the gentle- Mr. Speaker, Title IX ain’t broke, we have made great strides. So why are woman from California. but I will tell you what is. Some col- we trying to stop that? Why are we try- Ms. WOOLSEY. Mr. Speaker, that is lege football teams with rosters ex- ing to change title IX? We should not, what I believe I said. ceeding 100 athletes get to stay at four- because the progress that we make on Mr. ISAKSON. Mr. Speaker, it is un- star resorts before every home game. the soccer field extends to other places, constitutional and illegal in the State That is broke. Women do not get to do well beyond that playing field. of Georgia for the State to spend any that. Athletic departments deciding Girls who play sports are 80 percent tax money on athletic facilities. Those that they would rather eliminate a less likely to have unwanted preg- all have to be done either privately by wrestling program than to trim down nancies. They are three times more likely to stay in school and 92 percent booster clubs in the secondary schools, the men’s multimillion-dollar basket- less likely to use drugs. So now is not and in post-secondary schools by the ball budget, and then they blame the foundations of the universities. But we the time to change title IX. loss of the wrestling team on the High school girls continue to miss cannot in the State of the Georgia women. That is not only broke, that is out on opportunities. There are 1.1 mil- spend any public money on athletic fa- lame. lion less athletic slots in high schools cilities. I just wanted to make that The Commission on Athletic Oppor- in the Nation for girls as compared to clarification. tunity mistakenly complaining that guys. College women receive less Ms. WOOLSEY. Mr. Speaker, if the Title IX invokes a quota system and money, $133 million less spent on wom- gentleman would yield, I do not think then in their recommendations they en’s sports than on men’s sports at the I said Federal funding. I am sure I said suggest a real numerical quota. That is collegiate level. funding in general. broke and it is downright un-American. Instead of focusing on title IX, we Mr. ISAKSON. Mr. Speaker, there I urge my colleagues to support the should figure out how we divvy up the was no State funding. That is the point spirit of Title IX and Patsy Mink that profits that come from some of our I want to clarify. so pervades this House. She fought so athletic teams to ensure that every- I thank the gentlewoman. valiantly for it and for most of her life body gets the opportunity to be on the Ms. WOOLSEY. That is too bad be- really was so concerned that something playing field if they want to be there. cause investment in girls’ sports is an might happen to it. Keep it as it is and Again, congratulations to the Uni- investment in their future. keep it as it has been for the last 30 versity of Portland’s women’s soccer Mr. ISAKSON. We are investing in years so that women and girls today, team, but remember that it is people their education and urging them to including the women who have grad- like Patsy Mink who went ahead and raise the funds to support their ath- uated from the University of Portland, fought for our rights and laid the letics, men and women. who now have a women’s professional groundwork so girls could play. Re- Mr. Speaker, I reserve the balance of soccer team to look forward to, will member that and help us. my time. not lose the opportunities that they Mr. KILDEE. Mr. Speaker, I yield 3 Mr. KILDEE. Mr. Speaker, I yield 3 have earned; and never take that away minutes to the gentleman from New minutes to the gentlewoman from New from them. Jersey (Mr. ANDREWS). York (Ms. SLAUGHTER). Certainly in 1972 we seemed to dis- (Mr. ANDREWS asked and was given Ms. SLAUGHTER. Mr. Speaker, I cover here and in State legislatures permission to revise and extend his re- thank the gentleman for yielding me that we have women constituents too. marks.) Mr. ANDREWS. Mr. Speaker, I thank time. I rise again to congratulate the It would really behoove us not to for- my friend for yielding me the time and University of Portland’s Women’s Soc- get that. cer Team and to voice my concern my friend from Georgia for helping about changing the regulations of Title b 1630 bring this bill to the floor. IX. Mr. KILDEE. Mr. Speaker, I yield 3 I congratulate the women of the Uni- I come from an ‘‘if it ain’t broke, minutes to the gentlewoman from Cali- versity of Portland on their out- don’t fix it’’ school, and Title IX sure fornia (Ms. LORETTA SANCHEZ). standing achievement of winning the ain’t broke. Ms. LORETTA SANCHEZ of Cali- NCAA Division I soccer championship, Let me say something about if we fornia. Mr. Speaker, I rise today in sup- and their achievement gives us pause just educate women. We are very much port of House Resolution 41, congratu- to look backward at the world that concerned about the health of young lating the University of Portland wom- their mothers lived in and forward to the world in which their daughters will people in the United States and the en’s soccer team for winning the 2002 live. NCAA Division I national champion- sedentary lives that they live. It cer- The world in which the mothers of tainly would make a lot of difference if ship. In addition to bringing home that these outstanding champions lived we give all women the opportunity to trophy to the university, the Pilots frowned on the idea of young women develop themselves athletically so they fielded the first sophomore to be recog- playing sports. We did not fund it. We can pass that on to their children. Re- nized as the Nation’s top collegiate did not support it. We discouraged it in member, if we want to have all those soccer player. ways that not only failed to enrich the boys for the Georgia football games, we How could we have gotten there? I lives of little girls but failed to enrich sure better have mothers who know believe the accomplishment of these the lives of their brothers and boy how to bring them up right. women is especially poignant as the counterparts. Senator Birch Bayh sponsored Title Bush administration considers making When the mothers of these women IX in 1972 because women in the United changes to title IX, the 1972 landmark were in high school and college, ath- States were not getting an equal legislation which bans discrimination letic opportunities for young women chance to participate in athletics and against women and schools and which were the exception, not the rule. That other educational opportunities. And is responsible for unprecedented gains changed because title IX was enacted since Title IX was enacted, both wom- in the participation of women in over 3 decades ago, because women of en’s and men’s participation in ath- sports. vision like the late Patsy Mink stood letics has increased. But equality of op- In the 30 years since the enactment here and made sure that it was en- portunity still does not exist for our of title IX, participation of girls in acted. girls. high school varsity teams has gone We have not only the opportunity to On an average, men participate at from one in 27 to one in three. Female congratulate the women of the Univer- higher rates than women and they get participation in varsity collegiate sity of Portland; we have the oppor- 35 percent more scholarship dollars sports has also risen to over 150,000, tunity to protect this opportunity for

VerDate Jan 31 2003 04:24 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.057 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H353 their daughters as well. Because here United States of America, the Portland their game, but certainly not to participate at we are again, over 3 decades later, and Pilots. I commend them, Clive Charles, the same competitive level as men. the basic premises of title IX are being their coach, my colleagues, and title But in 1965 Patsy Mink came to Congress questioned by some in this body and in IX. and she changed the education opportunities this country. Mr. WU. Mr. Speaker, in this time of war, re- offered to women. She fought to bring equality Make no mistake about it, Mr. cession, and national tragedy, it is important to our colleges and universities and for the Speaker, the obligation we have to our for us to emphasize the positive and reflect on first time ever, girls were given the opportunity daughters is to make sure that the the great achievements and moments that we to play sports at the same level as boys. principle of title IX, which is equality have shared in the past year. I rise today to Mr. Speaker, if there ever was a successful of opportunity for men and women in honor the University of Portland’s women’s federal program Title IX is it. Today, five time sports, carries through into the future soccer team for its outstanding achievement in as many women play college sports, and an so that the daughters of these cham- the intercollegiate championship. incredible 10 times as many play high school pions that we honor today will have On December 8, 2002, the University of sports as in 1972 the year Title IX passed. equal or greater opportunities when Portland women’s soccer team captured its From basketball to soccer, we have seen compared to those shared by their first collegiate national soccer championship. women sports programs flourish. I am truly mothers. This achievement is even more special be- proud of the soccer players in Oregon and I These women are an inspiration to cause it is also the first national championship am thrilled to be a supporter of Title IX. girls and young women across the in any sport for the University of Portland. Ms. HOOLEY of Oregon. Mr. Speaker, country. Last week, a 10-year-old soc- Under the leadership of head coach, Clive today we rise to congratulate the University of cer player competing in a winter in- Charles, the University of Portland Pilots, the Portland women’s soccer team and Coach door soccer league scored three goals in tournament’s number 8 seed, defeated seven Clive Charles, on their 2002 Division I national two games. She is an outstanding nationally ranked opponents, including a 2–1 title. As a former coach of young women ath- young woman. I hope that one day she title game triumph over the reigning champion, letes in Oregon, I recognize the commitment to endless practice and debilitating repetition will stand in the shoes of these out- Santa Clara University. The Pilots now hold that winning requires. standing champions from Oregon. Her the record as the lowest-seeded team to win The University of Portland Pilots women, in name is Jacquelyn Andrews. She is my the women’s national championship in its 21 addition to making the sacrifices necessary for daughter. year history. victory, represent the competitiveness, re- So I say to Patsy Mink and I say to I applaud Coach Charles for the program he solve, and success that collegiate athletics the women that we honor today, I has helped build at the University of Portland. exist to foster. I urge the recognition of their thank them for the inspiration they He has successfully built a nationally recog- recent feats as evidence of the triumph of the have given the daughters of America. nized collegiate soccer program, leading the American spirit through sporting achievement, Let us live up to that inspiration and University of Portland women’s and men’s as well as the positive influence of Title IX on protect the legal principles of title IX. teams to a collective 12 conference champion- American society. Mr. KILDEE. Mr. Speaker, I have no ships and 16 NCAA playoff berths, and pro- The Pilots’ road to the national champion- further requests for time, and I yield ducing players for the United States National ship required them to defeat seven squads back the balance of my time. and Olympic teams. that held coveted national rankings, proof that Mr. ISAKSON. Mr. Speaker, I yield But it is the players that I truly want to con- their opponents were among the Nation’s fin- myself such time as I may consume. gratulate today. Cristin Shea, Betsy Barr, est. I will just take a minute and close, if Imani Dorsey, Rebekah Patrick, Kristen Those seven wins serve as a testament to I can. The original purpose of this reso- Moore, Erin Misaki, Kristen Rogers, Wanda the Pilots’ collective commitment to playing lution is to commend an outstanding Rozwadowska, Emily Patterson, Christine Sin- hard, even against competition of the highest university in the Pacific Northwest. It clair, Kelsy Hollenbeck, Lauren Orlandos, Jen- caliber. Surely there is no greater evocation of is the women’s soccer team that won nifer Bosa, Valerie Fletcher, Lindsey Huie, the collegiate athletic spirit than the competi- the NCAA Division I championship, Lauren Arase, Jessica Heller, Colleen Salis- tiveness exhibited by the University of Port- and I encourage all of my colleagues to bury, and Kim Head have all dedicated numer- land women in those hard-fought wins against vote for that, and I support it. ous hours and much hard work ensuring their well-respected opponents. I also realize it is an opportunity to team’s success. Their efforts paid off! In addi- After a solid regular season, the Portland pontificate on title IX, and I am very tion to this title, a number of players walked women entered the championship playoff as proud of the gentleman from Michigan away with new records. Sophomore Christine an eighth-seeded longshot to earn the eight- (Mr. KILDEE) and others who have ac- Sinclair now holds or ties NCAA playoff seeded longshot to earn the title. Neverthe- knowledged the achievements of this records for goals and points in a game (3 less, they emerged as the lowest seeded team body long before I got here in providing goals, 1 assist vs. Richmond), goals in tour- ever to win the tournament. access and opportunity to collegiate nament (10), and points in a tournament (21). The resolve necessary to prove rankings athletics to women at a time in which And Lauren Arase allowed just one goal in the obsolete and critics wrong does not come those were deprived. 2002 playoffs, setting an NCAA record for without effort. In fact, many of us encourage I think it is unfortunate to take a playoff goals against average (0.16), allowing our daughters and sons to participate in ath- positive resolution like this, however, just one goal in six games. letics with the express hope that they might and speculate that a review 30 years This team is a tribute to Oregon and to Port- develop a touch of that trait. With the Univer- later of title IX is an attack. In fact, if land. It is also a tribute to the long-term bene- sity of Portland’s women’s soccer champion- anything, because of the richness that fits of Title IX, which gives hope to this team ship, we are reminded that resolve, the per- title IX has brought to intercollegiate and to the young women who are rising sistence in a goal despite exorbitant odds, is athletics, the benefits it has brought to through the ranks of sports all across the play- at least as important as size, talent, or experi- athletics for women, the opportunities, ing fields of America. I congratulate the play- ence. Undoubtedly, the Portland women have as the gentlewoman from California ers on their stunning victory, and I wish them drawn on the strength and perseverence of (Ms. LORETTA SANCHEZ) says, it was even more success in the years ahead! their coach and leader, Clive Charles, whose given to Olympic sports to raise Amer- Ms. MCCARTHY of New York. Mr. Speaker, battle with illness illustrates the victory over ica’s participation and success in the I rise today in full support of H. Res. 41, to circumstance that we admire in collegiate ath- Olympics is a foundation for it to be congratulate the University of Portland wom- letics. perfected and improved for the future, en’s soccer team for winning the 2002 Na- Finally, in developing a national champion- not attacked or demeaned. tional Championship. Congratulations to the ship program, the University of Portland wom- So I am not suspect of any commis- team and their coach for an amazing season. en’s soccer team was animated by the desire sion reviewing any operation that after The University of Portland’s Soccer Team is to stack the building blocks of victory upon 30 years has proven to be successful just another wonderful example of the success one another, to complete a project born of the and carried out its intended progress, of Title IX. architecture of accomplishment. A national title and I am very happy to have had an op- When I was growing up in New York, girls came to the University of Portland not through portunity to commend a group of weren’t given many opportunities to play unprecedented fortuitous circumstance, but young women who reached the highest league sports and were instead encourage to from the execution of a plan for success. Con- achievement in their field in the cheer the guys on or play a smaller version of centration on conference titles and tournament

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\K11FE7.058 H11PT1 H354 CONGRESSIONAL RECORD — HOUSE February 11, 2003 berths provided the women’s soccer program this model and methodology. Such rate shall the true cost to the government of a foundation of achievement on which it has be deemed to have been effective on October guaranteeing these important loans to placed a structure of greatness. In doing so, 1, 2002. our small business community. This is the Portland women have made the most im- The SPEAKER pro tempore. Pursu- a detriment because the Credit Reform portant point about collegiate athletics. ant to the rule, the gentleman from Act of 1990 requires any and all losses These women display the character built by Iowa (Mr. NUSSLE) and the gentleman from expected borrower defaults to be extended effort, the satisfaction reaped by the from South Carolina (Mr. SPRATT) each covered by the government in advance tireless pursuit of a goal, and the success will control 20 minutes. with an up-front appropriation. There- within reach of all who are given an oppor- The Chair recognizes the gentleman fore, a lower default rate means that tunity. from Iowa (Mr. NUSSLE). the same amount of money goes out a Let us also take this moment to remember GENERAL LEAVE lot further and covers many more loans that opportunity seized is dependent upon op- Mr. NUSSLE. Mr. Speaker, I ask due to the multiplier effect. portunity granted. Without Title IX, our discus- unanimous consent that all Members I am sure there are many small busi- sion of women’s soccer at the University of may have 5 legislative days within ness people in our districts that have Portland might center on its lack of a team, which to revise and extend their re- been contacting us about this. For me, rather than on its team’s national champion- marks on S. 141. I have a small business friend of mine, ship. When women have the chance to com- The SPEAKER pro tempore. Is there Bill Werger from Manchester, Iowa, pete in scholarship athletics at the collegiate objection to the request of the gen- who helped highlight this issue for me level, we introduce into society a more com- tleman from Iowa? as he continues to struggle to open petitive, balanced, and healthy universe of There was no objection. small businesses and provide economic graduates. Mr. NUSSLE. Mr. Speaker, I yield development to a small town in Iowa. Title IX has extended the opportunity to myself as much time as I may con- I believe that if this is done cor- compete to thousands who would not have sume. rectly, the gentleman from Illinois had it otherwise. The University of Portland Mr. Speaker, 2 years ago, the gen- (Mr. MANZULLO) and I expect that this women attest to the potential of opportunities tleman from Illinois (Mr. MANZULLO), result will be in the billions of dollars granted by Title IX. the very distinguished Committee on of additional loans being made to the Again, I ask that we salute the 2002 Na- Small Business chairman, my neighbor small businesses of this country. This tional Champion University of Portland wom- and friend, brought to me a problem of is critical because this program will en’s soccer team. May we look to them, now the government overestimating SBA help many of those small businesses and in the future, as an exemplary symbol of loan defaults and thereby excessively during this economic recovery with cautious lenders still limiting access to what we hope to gain through our commitment limiting the total number of small capital to very willing borrowers. to collegiate and scholastic athletics. business loans made to small busi- The SBA 7(a) program attacks this Mr. ISAKSON. Mr. Speaker, I yield nesses in this country, brought that to problem by guaranteeing these bor- back the balance of my time. my attention. rowers between 50 and 85 percent of the The SPEAKER pro tempore (Mr. This was happening because OMB and loans, as high as $2 million, for vir- WHITFIELD). The question is on the mo- SBA, the Office of Management and tually every business purpose. tion offered by the gentleman from Budget and Small Business Adminis- tration, were insisting on using old Equally important to me as the Georgia (Mr. ISAKSON) that the House chairman of the Committee on the data predating recent SBA loan re- suspend the rules and agree to the reso- Budget, however, this bill will not do forms. We have been working together lution, H. Res. 41. this without directing the budgetary with the gentleman from Illinois (Mr. The question was taken; and (two- scoring of this correction; or in other MANZULLO) to resolve this problem ever thirds having voted in favor thereof) words, it will require the problem be since. the rules were suspended and the reso- fixed by correcting the process and not Over a year ago, language was in- lution was agreed to. by predetermining the outcome illegit- cluded in the fiscal year 2002 Treasury A motion to reconsider was laid on imately. It does this by allowing the appropriations conference report re- the table. use of the most recently approved sub- quiring OMB and SBA to report to us f sidy cost model and methodology but on how and when the problem was with the program and economic as- IMPROVING CALCULATION OF going to be fixed. That report indicated sumptions and the historical data FEDERAL SUBSIDY RATE that the problem would be addressed in which we included in the President’s Mr. NUSSLE. Mr. Speaker, I move to the 2003 budget with the development original fiscal year 2003 budget submis- suspend the rules and pass the Senate of new economic models, which it was sion. bill (S. 141) to improve the calculation not. In other words, the Manzullo-Nussle- of the Federal subsidy rate with re- Last year, the SBA subsidy rate Snowe bill that we have before us spect to certain small business loans, problem was not fixed. The gentleman today fixes the small business subsidy and for other purposes. from Illinois (Mr. MANZULLO) and I rate problem, thereby greatly increas- The Clerk read as follows: wrote to OMB Director Daniels re- ing the number of loans to small busi- S. 141 questing that the 2003 calculation be nessmen and small businesswomen Be it enacted by the Senate and House of Rep- reviewed and that the subsidy rate be without compromising the process that resentatives of the United States of America in resubmitted to reflect a more accurate OMB calculates the real cost to the Congress assembled, projection of the anticipated costs. Federal Government of providing these SECTION 1. SUBSIDY RATE FOR SMALL BUSINESS Again, they were not. subsidies. LOANS. Now, with the subsidy rate still not Mr. Speaker, in closing, let me thank Notwithstanding section 502(5)(F) of the fixed, we offer this legislation as the Federal Credit Reform Act of 1990 and sec- the very distinguished chairman of the solution, together with our colleagues Committee on Small Business. He has tion 254(j) of the Balanced Budget and Emer- in the other body. It will require that a gency Deficit Control Act of 1985, the Direc- been tenacious in bringing this issue to tor of the Office of Management and Budget, new, better econometric model already the forefront, not only of my com- in calculating the Federal cost for guaran- developed by SBA and approved by mittee, the Committee on the Budget, teeing loans during fiscal year 2003 under OMB be implemented for the current but also to the attention of the Con- section 7(a) of the Small Business Act (15 fiscal year 2003 for calculating the 7(a) gress. He is a real champion of small U.S.C. 636(a)), may use the most recently ap- subsidy rate. This effectively requires business, and he is somebody that I am proved subsidy cost model and methodology OMB to follow through with their honored to have worked with very hard in conjunction with the program and eco- promise on a new model once and for on this process. So I want to commend nomic assumptions, and historical data all. which were included in the fiscal year 2003 him on the bill that we have before us. budget. After written notification to Con- This model should now provide a Mr. Speaker, I reserve the balance of gress, the Small Business Administration more accurate estimate of defaults in my time. shall implement the validated, OMB-ap- the past, present, and future loan port- Mr. SPRATT. Mr. Speaker, I yield proved subsidy rate for fiscal year 2003, using folio performance to better estimate myself such time as I may consume.

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.032 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H355 I congratulate the chairman of the Mr. Speaker, I yield the balance of RYDEN HEAVY HAULING INC. Committee on Small Business; the gen- my time to the gentlewoman from New Woodstock, IL, February 7, 2003. tlewoman from New York (Ms. York (Ms. VELA´ ZQUEZ), the distin- Congressman DON MANZULLO, 181 North Virginia Ave. VELA´ ZQUEZ), the ranking member; and guished ranking member of the Com- Crystal Lake, IL. my colleague, the gentleman from mittee on Small Business, and I ask CONGRESSMAN MANZULLO: Ryden Heavy Iowa (Mr. NUSSLE), for facilitating the unanimous consent that she be given Hauling provides transportation services for legislation before us. This is not only the ability to allocate that time. persons or companion looking to haul heavy good, but necessary, legislation. I am The SPEAKER pro tempore (Mr. equipment. Major customer segments in- glad to see us move it. WHITFIELD). Is there objection to the clude the Construction, Utility and Manufac- S. 141, this bill before us, would allow request of the gentleman from South turing industry. Carolina? The mission of Ryden Heavy Hauling, Inc. the Office of Management and Budget, is to be the most reliable heavy hauling com- OMB, to change its 2003 technical as- There was no objection. Mr. NUSSLE. Mr. Speaker, I yield pany servicing the midwest. Ryden Heavy sumptions regarding the SBA general Hauling prides itself in hiring the best driv- business program. Without this change, myself such time as I may consume, ers, competitive pricing and updating and everybody should understand this, SBA and I wish to thank the gentleman maintaining equipment to insure the highest will have to reduce the 2003 loan vol- from South Carolina (Mr. SPRATT) for level of safety for our customer’s equipment. ume supported by this program by his bipartisan approach to this bill. It We strive to support the economy by ex- panding and creating additional jobs to stim- about 50 percent, 50 percent below the truly is a bipartisan bill. Mr. Speaker, I yield the balance of ulate the business community. 2002 level of $9.3 billion. my time to the gentleman from Illinois We presently are applying for an SBA b 1645 backed loan in the amount of $500,000.00 dol- (Mr. MANZULLO), the very distinguished lars. Originally we asked for $1 Million but This legislation was referred to our chairman of the Committee on Small the cap for the SBA guarantee was dropped committee, the Committee on the Business, and ask unanimous consent to $500,000.00 dollars. This decision has cre- Budget, because it required an excep- that he be allowed to allocate the time ated serious ramifications that impact our tion to the usual strictures of the Bal- accordingly. future growth. Our projected program will generate 8 new anced Budget and Emergency Deficit The SPEAKER pro tempore. Is there objection to the request of the gen- full-time and part-time positions as well as Control Act that bind OMB to one set retain the existing 16 jobs in our work force. of assumptions throughout a budget tleman from Iowa? Therefore it is in the interest of the busi- year. That is why it is necessary for us There was no objection. ness community to reinstate the original Mr. MANZULLO. Mr. Speaker, I yield to bring it to the floor. I guess we limit of $2,000,000.00 so companies like Ryden myself such time as I may consume, could call this directed scorekeeping, Heavy Hauling can survive. and I want to thank again the chair- but in this case it is justifiable Respectfully, man of the committee, the gentleman LEONARD R. RYDEN, scorekeeping. from Iowa (Mr. NUSSLE), for his leader- President. OMB has had chronic problems with ship. And I also want to thank, in par- Mr. Speaker, how did we get in this overestimating the credit subsidy rate ticular, the gentlewoman from New situation in the first place? In Decem- for general business loans, the so-called York (Ms. VELA´ ZQUEZ) for the tremen- ber 2001, the President signed into law 7(a) program and related programs. As dous work that she has put into this. If a provision to reduce fees charged to a result, SBA has historically under- there is any name to be placed on this borrowers in the 7(a) program, starting estimated the volume of loans that can bill, her name should have a prominent on October 1, 2002. The 7(a) program be supported by a given level of appro- place on it. has netted the government handsome priations. Starting with the 2004 budg- Mr. Speaker, small businesses are profits every year, taxing small busi- et, this problem should be corrected be- having a tough time obtaining credit nesses more than $1.4 billion over the cause OMB has developed a much more around the nation. The Small Business last 10 years beyond the cost of oper- sophisticated and accurate model for Administration’s 7(a) and 504 loan ating the program. estimating the subsidy rates. For this guaranty programs are a vital source This is all because of an overly con- fiscal year, 2003, however, the Presi- for nearly $13.5 billion of new capital to servative credit subsidy calculation dent declined to request sufficient ap- small businesses every year. Over 48,000 model used by SBA and the Office of propriations to maintain the program small businesses are served each year Management and Budget that requires level for general business loans, given by these programs. In fact, the 7(a) pro- charging more fees than is necessary to this existing estimate of the subsidy gram alone provides 40 to 50 percent of cover potential bad loans. This model rate. all the long-term financing that goes simply averages the annual default Consequently, SBA is now on the to small businesses, which have led to rate going back to 1986, even though horns of a dilemma. It can either re- the creation of thousands of small Congress dramatically changed the 7(a) duce the maximum size of loans made firms, contributing to job creation and Loan Guaranty Program in the 1990s to individuals or it can suspend the economic growth. that made the program more safe and program once it runs out of authority However, last October, the SBA cut secure for the taxpayer. Yet current before the end of this fiscal year. Nei- back both the amount of loans made small business borrowers are now pe- ther of those is an attractive option, and the maximum loan size under the nalized, in their ability to access one of especially not now, in the midst of a 7(a) Loan Guaranty Program. This the few remaining sources of credit, for very, very slack economy. We are hurts companies like Ryden Heavy old mistakes in a program that have struggling to get back on our feet and Hauling of Woodstock, Illinois, which been changed. get people back to work. This legisla- is caught in a credit limbo while we try This is the worst possible time for tion is proemployment legislation be- to fix this problem. these actions. Small businesses create cause, with the adjustment we make by Initially, Ryden sought an SBA guar- over three-quarters of the new jobs in this legislation, SBA will be able to anteed loan of $1 million to generate the U.S. S.141 begins to correct the support a 2003 loan volume of about $8.2 eight new full-time and part-time jobs problem. The bill simply authorizes billion, which is close to its historic and sustain the jobs of the 16 employ- OMB to adopt a new economic model standard of $9 to $10 billion. ees already working at Ryden. How- for calculating the 7(a) program sub- I enthusiastically support this legis- ever, Ryden has been caught in a credit sidy rate to take effect this fiscal year, lation and I urge everyone to give it squeeze, and it could only apply for a beginning October 1 of 2002. The Gen- their support. It could create and loan of $500,000, creating serious rami- eral Accounting Office has long advo- should create additional jobs. It will fications that impact their future cated this approach. SBA has already certainly iron out a problem for small growth. We need to pass S.141 as one developed and OMB has approved an business borrowers and the SBA for the step in the process to lift the SBA-im- econometric model for the 7(a) pro- balance of this fiscal year, something posed loan caps. gram in the 2004 budget cycle. OMB we need to do and should do, and it is Mr. Speaker, I submit for the RECORD pledged to use this model for 2003. good legislation to boot. I urge every- a letter I received from Ryden Heavy Mr. Speaker, I submit for the one to support it. Hauling in this regard. RECORD, a letter dated November 14,

VerDate Jan 31 2003 03:20 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.061 H11PT1 H356 CONGRESSIONAL RECORD — HOUSE February 11, 2003 2002 from OMB Director Daniels and SBA PROCEDURAL NOTICE its ability to do so was hampered by the ter- addressed to me regarding this subject To: To All Employees. rorist actions and their aftermath. matter. Subject: Guidelines for Implementation of SBA believes that a high percentage of the Fee Reduction on Loans to Small businesses finding it necessary to seek SBA- EXECUTIVE OFFICE OF THE PRESI- Business Adversely Affected by the Ter- guaranteed financing may be found to have DENT, OFFICE OF MANAGEMENT rorist Activities of September 11, 2001. been adversely affected by the terrorist ac- AND BUDGET, tions. In order to qualify for the reduced fee, Washington, DC, November 14, 2002. SBA Procedural Notice 5000–775 provided however, the lender must: (1) find that the Hon. DONALD A. MANZULLO, information regarding the 7(a) program fee loan applicant was adversely affected by the Chairman, Committee on Small Business, U.S. reduction authorized in the Defense Appro- terrorist events of September 11, 2001; and, House of Representatives, Washington, DC. priations Act of 2002 which was signed into (2) prepare and maintain in its loan file a law on January 11, 2002. The purpose of this DEAR MR. CHAIRMAN: Thank you for your write up summarizing its analysis and its notice is to provide more detailed guidance letter of November 12, regarding the subsidy conclusion that the loan is eligible for the on the implementation of that fee reduction. rate for small business loans. STAR program. A lender will not be found to In order to distinguish loans made under the have met its responsibility for determining As you know, the Administration is com- Defense Appropriations Act from other 7(a) that a borrower was adversely affected if the mitted to improving the Small Business Ad- loans made during the same period, loans lender statement merely states that conclu- ministration’s (SBA) ability to more accu- with the fee reduction will be known as sion, but does not provide a narrative jus- rately estimate the cost of subsidizing small ‘‘Supplemental Terrorist Activity Relief’’ tification demonstrating the basis for the business loans. This will enable the agency (‘‘STAR’’) loans. conclusion. to allocate its resources more effectively, de- 1. BACKGROUND INFORMATION ON SBA’S ANNUAL 4. STEPS REQUIRED FOR LENDER TO SUBMIT A termine program risk more precisely, and in- FEE STAR PROGRAM APPLICATION crease its ability to target loan programs to Section 7(a)(23) of the Small Business Act In order for a loan to qualify as a loan the most deserving recipients. authorizes SBA to collect an annual fee on under STAR, the SBA lender must: In accordance with the commitment that each outstanding SBA guaranteed loan equal (a) Determine that the applicant business the Administration one year ago, the Office to 0.5 percent (50 basis points) of the guaran- was ‘‘adversely affected’’ by the terrorist ac- of Management and Budget has just ap- teed share of the outstanding balance of the tivity of September 11, 2001, and must docu- proved SBA’s 7(a) econometric subsidy model loan. The Defense Appropriations Act au- ment the basis for this conclusion in its loan to calculate its fiscal year 2004 resource re- thorized a reduction in that fee from 0.5 per- file. This documentation must be available quirements. Further, in light of the fact that cent to 0.25 percent (25 basis points) for loans for review by SBA, but need not be sub- this improved subsidy calculation procedure made to small businesses adversely affected mitted to SBA. is now available, the Administration would by the September 11th attacks. This reduced (b) Indicate that the loan is being sub- support legislation that allows us to imple- fee will apply for the life of the loan. Both mitted under the STAR program by writing ment the econometric model for fiscal year the original and temporarily reduced fees are ‘‘STAR Loan’’ at the top of the SBA Form 4– 2003 as well. Applying the econometric model subject to the provisions of Section I, ‘‘Lender’s Application for Guaranty or would produce a subsidy rate of 1.04 percent 7(a)(23)(B) which states that this fee is ‘‘. . . Participation,’’ or 4–L, ‘‘Application for rather than 1.76 percent submitted in the FY payable by participating lender and shall not LowDoc Loan,’’ as applicable. (c) Amend the loan authorization provi- 2003 budget. be charged to the borrower.’’ sion-regarding the on-going fee to be paid to Please let us know if you need any more 2. PERIOD OF APPLICABILITY SBA on the loan to indicate that the fee will information. The reduction in the annual fee is effective be 0.25 percent per annum. Sincerely, for eligible loans approved (funded) by SBA 5. COLLECTION OF THE REDUCED FEE MITCHELL E. DANIELS, JR., between January 11, 2002, and January 10, Director. Lenders will submit to Colson Services, 2003, or until the approximate $4.5 billion Inc. (Colson), the 0.25 percent fee using the The subsidy rate using an econo- program level provided for this initiative has same SBA Form 1502 process as it uses for been used up, whichever occurs first. other SBA loans. SBA will provide Colson metric model in 2003 dramatically Any 7(a) loan approved before January 11, drops from 1.76 percent to 1.04 percent, with a list of loans that are subject to the 2002, will continue to be subject to the 50 lower fee. As with all other fee collections, a 41 percent reduction. basis points fee, subject to the following ex- Colson will work with a lender to make any S. 141 allows SBA to guarantee $3.4 ception. If the lender finds that a borrower necessary corrections to the fee and report- billion in new lending to the small that had its 7(a) loan approved prior to Janu- ing submissions. ary 11, 2002, was adversely affected by the 6. PLP/SBAEXPRESS/COMMUNITY EXPRESS businesses. Congress must now act to terrorist actions, AND, if the loan is fully increase access for small business lend- undisbursed; the lender may cancel the ap- The PLP center will provide additional di- rection to PLP lenders regarding STAR pro- ing. To its credit, the administration proved loan and submit a new application gram requirements. was the first to recognize the problem which will then meet the criterion of having and begin to work on solutions within been approved after January 10, 2002. If SBA 7. PROCESSING STAR LOAN REQUESTS a few months of taking office. Their approves the new loan, a new loan number The SBA Loan Accounting Tracking Sys- willingness to retroactively use the must be issued. tem (LATS) has been modified to provide a STAR program indicator to track STAR econometric model for 2003 in the 7(a) 3. DEFINITION OF ‘‘ADVERSELY AFFECTED’’ SMALL BUSINESS loans. Data must be entered into this indi- program is another example of their cator field as follows: (1) An ‘‘S’’ must be en- As indicated in the previous notice, for openness to finally correct this fes- tered for any loan submitted by the lender purposes of the STAR program, the term tering problem. under the STAR program; and, (2) An ‘‘N’’ ‘‘adversely affected small business’’ means a (for ‘‘no’’) must be entered for any non- However, OMB cannot change the as- small business that suffered economic harm STAR loan. This data must be completed for or disruption of its business operations as a sumption in the President’s 2003 budget each loan (including a 504 loan) even if the direct or indirect result of the terrorist at- request on their own after its proposal loan is not STAR eligible. has already been sent to Congress. tacks perpetrated against the United States When the STAR Indicator is filled in with That is why we are here today for a on September 11, 2001. Some examples of eco- an ‘‘S’’, it will mean that: nomic harm are: difficulty making loan pay- legislative remedy. (a) The lender has informed SBA that the ments on existing debt; difficulty in paying loan is eligible for the STAR program; The same cooperation should also ex- employees or vendors; difficulty in pur- (b) The lender will be charged the reduced tend to the 504 program. The subsidy chasing materials, supplies, or inventory; 0.25% annual fee; rate calculation error in the 504 is pro- difficulty in paying rents, mortgages, or (c) The loan will be subject to the STAR portionately a bigger problem than the other operating expenses; and, difficulty in program subsidy rate; and (d) The loan will be funded out of the sepa- 7(a). There is some question as to securing financing. As previously noted, SBA does not intend that this list be considered rates STAR loan fund. whether or not S. 141 would cover the all-inclusive. The Agency anticipates that There are four sets of circumstances that Supplemental Terrorist Activity Relief there will be other circumstances that are may occur in connection with a loan that is loan program, known as STAR. STAR appropriate for use to illustrate that a busi- potentially eligible for the STAR program. loans have always been viewed by the ness has suffered economic harm or a disrup- The attachments to this Notice (described SBA as a subset within the 7(a) pro- tion of its business operations. Agency guid- below) provide instructions for SBA’s data gram. ance should not be construed as limiting eli- input under each of these circumstances. gibility to any particular geographic area or A. NEW LOAN APPLICATION SUBMITTED BY A Mr. Speaker, I include for the to any specific type(s) of business. A loan to LENDER AFTER THE EFFECTIVE DATE OF THIS RECORD two SBA procedural notices a start-up business may qualify for the NOTICE and a copy of the statutory language STAR program if, for example, the business The Star program Indicator field shown on creating the STAR loan program. planned to commence operations earlier, but LAS001 must be completed as part of the

VerDate Jan 31 2003 04:24 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.063 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H357 data input for all new loan applications. For sistance (ODA) will advise a business that it loan is eligible for inclusion under this pro- any loan designated by a lender as a STAR may qualify for other SBA assistance, and vision. loan, the ‘‘S’’ designation must be entered. may refer such business to the appropriate All other existing SBA 7(a) loan require- For any non-STAR loan the ‘‘N’’ designation SBA field offices. Field staff should be pre- ments, including credit requirements, apply must be entered. [Attachment A provides in- pared to discuss SBA’s loan programs, in- to loans made under the provisions of the structions for processing a STAR-qualified cluding STAR, with the businesses, and new law. loan submitted to SBA by a lender after the should also make referrals for assistance to Loans made under this statutory provision effective date of this notice.] one of the Agency’s management and tech- must be identified with a special code that B. RE-CLASSIFICATION OF A LOAN AFTER nical assistance partners, when appropriate. will alert SBA and the SBA Fiscal and SUBMISSION, BUT PRIOR TO SBA APPROVAL 11. QUESTIONS Transfer Agent (Colson Services Corp.) to calculate the appropriate on-going fee. If a loan was originally input as a non- Lenders should contact their loan SBA A follow-up Procedural Notice will be STAR loan, but prior to SBA’s approval, the field office for more information regarding issued shortly with additional guidance for lender provides a written request to SBA to the STAR program. Field staff with ques- implementation of these special require- reclassify the loan as a STAR loan, the SBA tions on how to input data to classify a loan ments. processing office must use the LSA005 Screen as a STAR loan should contact David Kimble to input an ‘‘S’’ in the STAR program indi- at (202) 205–6299. SBA staff with questions on ADDITIONAL INFORMATION cator field. [Attachment B provides instruc- any other issues related to STAR should con- Field offices should provide this notice to tions for re-classifying a loan as a STAR- tact A. B. McConnell, Jr. at (202) 205–7238. all participating lenders immediately. qualified loan after SBA’s initial data input, JANE PALSGROVE BUTLER, Lenders and other interested parties but prior to SBA approval.] Associate Administrator should contact their local SBA field offices C. RE-CLASSIFYING A LOAN AS A STAR LOAN for Financial Assistance. for more information. SBA field staff should AFTER APPROVAL BUT BEFORE DISBURSEMENT contact James Hammersley, Director, Loan SBA PROCEDURAL NOTICE Programs Division, at (202) 205–7505. For any loan approved by SBA on or after JEANNA M. SCLATER, January 11, 2002, that was not initially clas- To: All SBA Employees. Acting Associate Deputy sified as a STAR loan; if, subsequent to SBA Subject: Reduced Fee for New 7(a) Loans Administrator for Capital Access approval and prior to any disbursement, the Made to Businesses Adversely Affected lander provides a written request to SBA to by September 11th Terrorist Attacks. reclassify the loan as a STAR loan, the SBA The Defense Appropriations Act, signed by P.L. 107–117—DIVISION B, SECTION 203 field office servicing the loan must: President Bush on January 10, 2002, reduces SEC. 203. Notwithstanding any other provi- 1. Verify that the loan is fully undisbursed; the ongoing fee charged to the lender on new sion of law, the limitation on the total 2. Prepare a SBA Form 327 action to sup- 7(a) loans made to small businesses that amount of loans under section 7(b) of the port cancellation of the regular 7(a) funded were ‘‘adversely affected’’ by the September Small Business Act (15 U.S.C. 636(b)) out- loan and re-instatement of the loan as a 11, 2001, terrorist attacks and their after- standing and committed to a borrower in the STAR loan; math. The legislation makes no other disaster areas declared in response to the 3. Cancel the existing loan, thus returning changes to 7(a) program fees, or to the 504 September 11, 2001, terrorist attacks shall be the regular 7(a) funds to the regular 7(a) pro- loan program. increased to $10,000,000 and the Adminis- gram account; and, Under the new law, the on-going fee for eli- trator shall, in lieu of the fee collected under 4. Wait at least one business day after com- gible 7(a) loans is reduced from 0.5 percent section 7(a)(23)(A) of the Small Business Act pleting step 3 and reinstate the loan and (50 basis points) of the outstanding balance (15 U.S.C. 636(a)(23)(A)), collect an annual fee enter an ‘‘S’’ in the STAR Indicator on of the guaranteed portion of the loan to 0.25 of 0.25 percent of the outstanding balance of LAB00 screen. percent (25 basis points). This fee reduction deferred participation loans made under sec- [Attachment C provides instructions for is effective for the full term of eligible loans tion 7(a) to small businesses adversely af- re-classifying a fully undisbursed loan as approved by SBA during the 1 year period be- fected by the September 11, 2001, terrorist at- STAR-qualified after approval by SBA.] ginning January 11, 2002 and ending January tacks and their aftermath, for a period of 1 10, 2003, or until the funds available for this D. RE-CLASSIFYING A LOAN AS A STAR LOAN year following the date of enactment and to purpose are expended, whichever occurs first. AFTER FULL OR PARTIAL DISBURSEMENT the extent the costs of such reduced fees are SBA has received an appropriation that offset by appropriations provided by this If a loan was approved by SBA on or after will allow the Agency to fund up to approxi- Act. January 11, 2002, and is partially or fully dis- mately $4.5 billion in eligible loans. Since bursed when the lender makes a written re- the fee income received by SBA on loans These documents make it clear that quest that the loan be reclassified as a STAR made under this provision will be different STAR loans have been made under the loan, two additional steps must be taken. from that received on regular 7(a) loans, umbrella of the SBA 7(a) loan program. First, SBA must reverse the amount dis- these loans will have a different subsidy rate The only reasonable interpretation is bursed to show a loan balance of zero. Then, and will be tracked separately for subsidy that S. 141 apply its econometric model after the proper classification is entered, rate purposes. to STAR loans made since October 1, SBA must re-enter the amount disbursed to ELIGIBILITY return the loan to its actual condition. [At- 2002. This would also provide an addi- tachment D provides instructions for re- For purposes of implementation of this leg- tional $1.1 billion in guaranteed lend- classifying a partially or fully disbursed loan islative provision, the term ‘‘adversely af- ing to small businesses. as a STAR loan.] fected small business’’ means a small busi- Mr. Speaker, I am pleased that the ness that has suffered economic harm or dis- Committee on Small Business, working 9. POST APPROVAL MODIFICATIONS ruption of its business operations as a direct Any increases to an existing STAR loan or or indirect result of the terrorist attacks in close partnership with the chairman reclassifications of a non-STAR to a STAR perpetrated against the United States on of the House Committee on the Budget, loan must be completed prior to January 10, September 11, 2001. Some examples of eco- which has legislative jurisdiction over 2003, or before the use of all available funds, nomic harm are: difficulty in making loan the issues of the Credit Reform Act, whichever occurs first. After expiration of payments on existing debt; difficulty in pay- was able to bring S. 141 up on the floor the STAR program authority, any additional ing employees or vendors; difficulty in pur- in such an expeditious manner. required funding will require a new loan ap- chasing materials, supplies, or inventory; I want to particularly thank the plication processed under the regular 7(a) difficulty in paying rents, mortgages, or staffs of both committees for working program. For small increases, lenders may other operating expenses; and, difficulty in want to establish separate side notes. securing financing. SBA does not intend that together to bring the bill to the floor. 10. REFERRALS FROM THE DISASTER PROGRAM this list be considered all-inclusive. The I also want to commend my Senate counterparts, Senators SNOWE and As you are aware, after the September 11th Agency anticipates that other circumstances attacks, SBA published regulations that ex- can illustrate that a business has suffered KERRY, and particularly the former panded the availability of the Agency’s Eco- economic harm or a disruption of its busi- chairman of the Senate Small Business nomic Injury Disaster Loan (EIDL) program ness operations. Committee, Senator KIT BOND of Mis- to small businesses which have suffered sub- SPECIAL REQUIREMENTS souri, for all their hard work on the stantial economic injury as a direct result of Each lender making a reduced fee 7(a) loan matter. We would not be here today the terrorists attacks and certain related under the provisions of the new law is re- without these diligent bipartisan ef- Federal action. See 66 Federal Register 53329 sponsible for determining that the loan is forts. (October 22, 2001). Despite this program ex- being made to a small business that was ad- Mr. Speaker, I urge my colleagues to pansion, however, there may be some cir- versely affected by the terrorist attacks of cumstances where a small business that is September 11, 2001. For each such loan, the vote ‘‘yes’’ on sending S. 141 to the found ineligible for an EIDL loan may be lender must prepare, place, and keep in its President’s desk for signature. found to qualify for a STAR loan. Therefore, loan file, a short written statement docu- Mr. Speaker, I reserve the balance of when appropriate, the Office of Disaster As- menting the basis for its conclusion that the my time.

VerDate Jan 31 2003 04:24 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.051 H11PT1 H358 CONGRESSIONAL RECORD — HOUSE February 11, 2003 Ms. VELA´ ZQUEZ. Mr. Speaker, I nesses and lenders are still paying too come for the bottom 95 percent of wage yield myself such time as I may con- much, and that must change. earners has fallen. Too many Ameri- sume. Even more importantly, this legisla- cans are searching long and hard for I rise in strong support of S. 141. This tion does nothing to address the most work, work they cannot find; and con- legislation is long overdue. Today, egregious practice of taxing small busi- sumer confidence is at its lowest point more than ever, small businesses strug- ness, the overcharging of those entre- in a decade. Businesses throughout my gle to find avenues of capital. This is preneurs who use the 504 loan program. district, the Eighth Congressional Dis- only reinforced by the fact that in our The average small business owner trict of New Jersey, are hurting. day and age, the number one rate for today, receiving a 504 loan, can expect If we truly want to propel ourselves entrepreneurs to finance their great to pay an additional $15,000. That is the from this downturn, we must realize idea is through credit cards. Often- difference between hiring a part-time that small businesses are fundamental times, these carry prohibitively high employee and a full-time employee, components to our economic infra- interest rates, weighing small busi- providing health care benefits or pur- structure. Entrepreneurs have been and nesses down with insurmountable debt chasing new equipment that will add will continue to be the backbone of our even before they get off the ground. jobs. This is shameful. But the fact great economy. It is absolutely critical Filling this financing vacuum are the that the administration is aware of that we provide those entrepreneurs SBA loan programs. Through public- this and their current budget refuses to with some relief, not just pay them lip private partnerships that share the fix it is without conscience. I am not service. So passage of S. 141 will be the lending risk, small businesses are able going to stand for this. Small business first in what I hope will be many steps to tap into capital that is both afford- owners are not going to stand for it ei- in a bipartisan way to address the able and accessible. In these programs ther. And this body should not stand problems of small businesses. last year, $20 billion in capital, ac- for it. This bill expands the size of the counting for 40 percent of all long-term Mr. Speaker, S. 141 is the first step in Small Business Administration’s 7(a) small business lending, was provided to helping Main Street America, but there loan program as I see it. This program this Nation’s entrepreneurs. is still a lot of work to be done before is the largest effort within SBA to help Unfortunately, at a time when we small firms receive fair and equal smaller companies obtain loans from need these programs the most, they are treatment. One of our mantras in the bank and other conventional sources. blocked from fulfilling their true po- Committee on Small Business is ‘‘Ac- Lending programs such as this are crit- tential because of policies that place cess to capital is access to oppor- ical for small business start-up. Access the Federal Treasury’s bottom line tunity.’’ With the passage of this legis- to capital is access to opportunity. above this Nation’s small business bot- lation, we will be a little closer to Unfortunately, according to a variety tom line. Over the last decades, both making it possible for thousands of in- of sources, not least of which is the lenders and small businesses receiving dividuals to realize the American GAO, current policies have resulted in SBA loans have been overcharged by a dream of business ownership. I urge the overcharging the 7(a) loan program’s whopping $1.5 billion. This is nothing adoption of this legislation lenders and borrowers by $1.5 billion more than a tax on small business that Mr. Speaker, I reserve the balance of over the last 10 years. Who paid that? should have been put to rest long ago. my time. This legislation is aimed at forcing S. 141 will help to change this in- the administration to use a subsidy b 1700 equity by requiring the administration rate model that accurately reflects the to more accurately report the cost of Mr. MANZULLO. Mr. Speaker, I re- cost of small business and small busi- these programs to taxpayers. The move serve the balance of my time. ness loan programs to the taxpayer. It will begin to turn the tide of this un- Ms. VELA´ ZQUEZ. Mr. Speaker, I aims to improve the calculation of the fair tax, and coupled with the pending yield such time as he may consume to Federal subsidy rate for small business fiscal year 2003 omnibus appropriations the gentleman from New Jersey (Mr. lending. It will provide a new cost cal- bill, entrepreneurs will finally have the PASCRELL). culation, as has been pointed out access to capital they need. Mr. PASCRELL. Mr. Speaker, I graphically here, which is expected to I urge my colleagues to join me in would like to commend the gentleman reduce the subsidy rate from 1.76 per- calling on the President to follow from Illinois (Mr. MANZULLO), and cent to 1.04 percent, thereby expanding through on our actions today and put working in concert with the ranking the program itself by $4.9 billion to $8.2 capital where it belongs, in the hands member is proof positive that we can billion, which will be available which is of small business owners. address the problems facing the Con- not available now. That will happen Mr. Speaker, for almost 6 months gress in a bipartisan way. The gen- just by changing that rate. now, this administration has limited tleman has not just talked about it, he But there are other things that need access to capital for the small business has done it. It is nice to talk about to be done. As the ranking member has sectors by placing a cap of $500,000 on these things, but we do not see it too pointed out, in the 504 lending pro- SBA loans. This move is tantamount to much around here. gram, this is critical. This is small credit rationing. Because of these ac- I would also like to congratulate the business taxation which is unneces- tions, entrepreneurs have been blocked gentleman from Iowa (Mr. NUSSLE), sary. The failures of this administra- from accessing billions of dollars. and I want to associate myself with the tion to adjust problems with the 504 These funds could have been used to remarks of the chairman and the rank- program have left small businesses create economic growth and jobs, two ing member, but this goes beyond sub- paying $15,000 for each loan, and I important components to aid us in our sidy rates as I perceive it. It is heart- think the average loan is about climb out of the current economic dol- ening to know that on this particular $200,000. The gentleman from Illinois drums. day we can pause from debating which (Mr. MANZULLO) and the ranking mem- With the passage of this measure, the deficit-exploding tax cut for the ber, the gentlewoman from New York SBA and the administration will no wealthy should be enacted and instead (Ms. VELA´ ZQUEZ), have spoken about longer have an excuse to withhold actually do something for the small this time and time again. We cannot these funds from small businesses, and businessman instead of just talking accept that. It is unacceptable. That they must lift this cap. about it. money could be used to expand the While this legislation offers some After 2 years of economic malaise, we very program that we are here trying remedy, it is only a very minor move are now in the weakest level of eco- to address today. in terms of what truly needs to happen nomic growth in 50 years. I think the Mr. Speaker, I want to conclude with to give the small business community gentleman from Illinois (Mr. MAN- this. This will go into effect October 1, the fairness it deserves. With this bill’s ZULLO) has pointed out, if we are ever 2002, so it will be retroactive to the implementation we will see the first going to make this change and address very beginning of this fiscal year. I significant reduction in the subsidy it, now is the time to do it when there commend the gentleman from Illinois rate governing the program. But even is an economic downturn. People are (Mr. MANZULLO) and the ranking mem- with the passage of S. 141, small busi- working harder for less. Household in- ber for doing this very well.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.065 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H359 Ms. VELA´ ZQUEZ. Mr. Speaker, I gram’s subsidy rate. The change would enable Mrs. JONES of Ohio. Mr. Speaker, al- yield 3 minutes to the gentleman from the SBA to boost 7(a) lending authority from though no longer on the Committee on Texas (Mr. HINOJOSA). $4.8 billion to $8.2 billion for Fiscal Year 2003 Small Business, I am still here to fight (Mr. HINOJOSA asked and was given by significantly reducing the 7(a) credit sub- on behalf of small businesses, and I am permission to revise and extend his re- sidy rate. pleased to join my colleagues today as marks.) The bill’s projected impact on small busi- we celebrate this piece of legislation Mr. HINOJOSA. Mr. Speaker, I com- ness lending should result in nearly 21,000 coming to the floor. mend the gentleman from Illinois (Mr. more loans to small firms—with the potential The passage of S. 141 is an important MANZULLO) and the gentlewoman from to support at least 103,690 new jobs. More- step that can be taken by Members to New York (Ms. VELA´ ZQUEZ) for their over, implementing the new econometric help small businesses. Over the past 4 leadership in the Committee on Small model will not require any increase in federal years when I served on the Committee Business. I rise today in strong support spending. on Small Business, we worked hard to of S. 141 as introduced by Senator Currently, the 7(a) Program is operating at see that legislation that would assist SNOWE and passed by the Senate. Small a reduced capacity from previous years, with small businesses would get to the floor businesses are the backbone of our the size of loans capped at $500,000. The and pass. It is wonderful that I will be economy, especially in times of finan- shortfall in lending authority leaves many small able to say to my constituents, yes, cial crisis, and this bill is important firms nowhere to go for money to maintain or one more time we have done something because it would help to reduce the expand their operations in a slow economy. for small business. It is the first cru- cost of small businesses throughout the Each year, 40,000 or more small business cial step this body can take to provide United States. concerns that cannot obtain comparable credit the necessary infusion of capital to S. 141 would encourage the adminis- elsewhere turn to the 7(a) program for criti- small businesses and help them retain tration to use a 7(a) subsidy rate model cally-needed financing. and create jobs and provide a needed that would more accurately reflect the To combat this problem, the SBA contracted boost to our economy. true cost of the small business loan with the Office of Federal Housing Enterprise In my congressional district, there programs to the taxpayer. The current Oversight (OFHEO) to construct an econo- are a number of people who are not model has resulted in overcharges of metric model that considers additional factors counted in that number of unemployed $1.5 billion over the last 10 years, ac- with the goal of representing a more accurate because they have not been seeking a cording to the GAO study. The measure cost. Developed by the SBA and the OMB, the job because there are no jobs available authorizes the Office of Management econometric model will use far more com- to them. This is a wonderful step. The and Budget to adopt a new econometric prehensive data about individual borrowers 7(a) program is very important, and it model for calculating the program sub- and loans when forecasting anticipated de- can make a difference for a lot of our sidy rate. The change would enable the faults and establishing loan reserves to cover entrepreneurs. SBA to boost 7(a) lending authority them. While this is a first step in the right SBA has finished the review and plans for from $4.8 billion to $8.2 billion for fiscal direction, it just begins to address the implementation of the new model in FY04. year 2003 by significantly reducing the some of our concerns. Among those is This delayed implementation would leave the 7(a) credit subsidy rate. the issue of opening up the SBA 7(a) The bill’s projected impact on small current model in place for FY03. The dif- program to more credit unions. I have ference in the two models is approximately 70 business lending should result in near been working with credit unions across basis points, 1.07 v. 1.77, which is roughly a 21,000 more loans to small firms with a this country trying to make that avail- $1,000 difference annually per loan. able to them. potential to support at least 103,000 Each year, the Office and Management and Mr. Speaker, I am glad to have the new jobs. Moreover, implementing the Budget (OMB) calculates the federal cost of opportunity to come to the floor and new econometric model will not re- guaranteeing small business loans adminis- say to the chairman and ranking mem- quire any increase in Federal spending. tered by the Small Business Administration. Mr. Speaker, S. 141 simply requires Critics of the current method of calculating ber, let us keep it up. I join my col- SBA to use the new econometric model those costs argue that it does not take into ac- leagues in support of this resolution. a year earlier than planned and thus count historical data and recent statutory and Mr. Speaker, I am pleased to see the House enable small businesses to benefit from regulatory changes that have improved default of Representatives considering this legislation the lower subsidy rate immediately. rates and program performance. Critics there- today. As we are too painfully aware, our The new model will reduce the cost to fore contend that the current federal cost, ex- economy is in a state of disarray, and among both the lender and the borrower. The pressed in the form of a subsidy rate, is over- the many consequences of this is the struggle change combined with reprogramming estimated, which, in turn, limits the amount of by many small businesses to stay in existence of unused STAR funds will yield a 7(a) loans that can be guaranteed. Again, a recent in these uncertain times. Passage of S. 141 is program level of $9 million below the General Accounting Office report supports this one important step that can be taken by Mem- demand, but it is sufficient to lift the contention. bers of this body to help those small busi- current administration-imposed cap S. 141 simply requires SBA to use the new nesses that contribute so much to our econ- that has hurt small businesses since econometric model a year earlier than planned omy, our entrepreneurial spirit, and our na- October 2002. and thus enables small businesses to benefit tional well-being continue to thrive and grow. Mr. Speaker, I wish to commend Chairman from the lower subsidy rate immediately. The Small business is in fact big business, ac- MANZULLO and Ranking member NYDIC VELAZ- new model will reduce the cost to both the counting for over 75 percent of the jobs held QUEZ for their leadership in the Small Business lender and the borrower. The change, com- in this country and an equally large percent- Committee! bined with reprogramming of unused STAR age of the gross national product. For small I rise today in strong support of S. 141, as Funds, will yield a 7(a) program level of $9 bil- businesses to grow and create jobs, infusions introduced by Senator SNOWE and passed by lion below the demand, but it is sufficient to lift of capital are critical. Yet recent actions by the the Senate. Small businesses are the back- the current Administration imposed cap that Administration do little to increase the bottom bone of our economy, especially in times of fi- has hurt small businesses since October of line of America’s small business, with less nancial crisis, and this bill is important be- 2002. than 3 percent of the President’s economic cause it would help to reduce the costs to For these reasons, I rise in strong support stimulus plan being targeted at small busi- small businesses in the United States. S. 141 of passage S. 141 and urge my colleagues to nesses. By focusing on such narrow concerns would encourage the Administration to use a support it. as eliminating dividend taxes, the Administra- 7(a) subsidy rate model that would more accu- Ms. VELA´ ZQUEZ. Mr. Speaker, I tion has left small businesses out of the equa- rately reflect the true cost of the small busi- yield 2 minutes to the gentlewoman tion for stimulating the economy. (Pause) The ness loan programs to the taxpayer. The cur- from Ohio (Mrs. JONES), an alumna of Administration has left a creator of 75 percent rent model has resulted in overcharges of $1.5 the Committee on Small Business and of the country’s jobs out of the equation for billion over the last 10 years, according to a the newest member of the Committee stimulating the economy . . . focusing instead GAO Study. on Ways and Means. on incentives for investing in the stock market The measure authorizes the Office of Man- (Mrs. JONES of Ohio asked and was when incentives for investing in the job market agement and Budget (OMB) to adopt a new given permission to revise and extend are what is needed for a much needed stim- econometric model for calculating the pro- her remarks.) ulus.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K11FE7.067 H11PT1 H360 CONGRESSIONAL RECORD — HOUSE February 11, 2003 S. 141 is the first crucial step this body can will reduce the 7(a) credit subsidy rate, and SBA loan programs are especially critical in take to provide that necessary infusion of cap- should prevent any further economic damage California, and I was contacted by a number ital to our small businesses, help small busi- from cuts to the largest federal assistance pro- of large banks in Los Angeles County about nesses retain and create jobs, and provide a gram for small businesses. the detrimental impact that these poor calcula- needed boost to our economy. This bill will Mr. Speaker, as we look to small busi- tions would have meant to small business work to reverse the practice of taxing small nesses to restore economic growth, we must start-up loans. The Section 7(a) program pro- businesses through use of a subsidy rate allow the Office of Management and Budget to vides more than 50% of the long-term credit model that will more accurately reflect the cost modernize its credit subsidy calculation model. that goes to small businesses in California. of SBA loan programs, accelerate the use of I thank you for the opportunity to speak and Our costs are higher than many other states, this new subsidy rate, and allow the SBA to lift urge my colleagues to support this bill. so a 50% cut in loan levels required by OMB’s imposed lending caps to small businesses. Ms. MILLENDER-MCDONALD. Mr. Speaker, policies hit California and other high-cost Without this bill, small businesses will be left I rise this evening to offer my support for S. states disproportionately. with the burden of overpaying an average of 141, long overdue legislation that will require Last October, I was pleased to work with $15,000 for some of the loans they need to the Office of Management of Budget to use a Rep. DARRELL ISSA and the California Bankers run and expand their businesses. new subsidy rate model for the Small Busi- Association in organizing a letter to Speaker And while this bill is a major step in the right ness Administration’s 7(a) loan program. This HASTERT pointing out this problem and the se- direction, it just begins to address some of the new model will more accurately reflect the true vere impact it would have on California’s small concerns arising out of small business loan cost of this federal loan program to American businesses. Over 30 of my California col- programs provided by the SBA. Among those taxpayers. leagues, both Democrats and Republicans, is the issue of opening up the SBA 7(a) pro- As a Ranking Member of the House Com- joined us in signing and sending the letter to gram to more credit unions, an action that the mittee on Small Business, this issue is of vital Speaker HASTERT. I am pleased to see that SBA Administrator’s discretionary authority al- importance to the hard-working entrepreneurs Speaker HASTERT has responded to our con- lows, an action that would give credit unions of my district, the 37th District of California. cerns and the concerns of other states to the same authority to offer SBA guaranteed Over the past few years, the House Com- place this bill before the House today. loans enjoyed by other federally insured lend- mittee on Small Business has held a number This legislation directs the Office of Man- ers. of hearings to address this issue, as small agement and Budget to calculate the federal I am voicing my support for S. 141 because firms have been levied excessive fees for par- costs of guaranteeing small business loans. it will provide immediate relief for entre- ticipating in the 7(a) loan program. OMB would be required to use the most re- preneurs in search of capital to finance their Recent estimates tell us that as much as cently approved subsidy cost model and meth- companies. And as these entrepreneurs are 1.5 billion dollars over the past ten years has odology in conjunction with the program, eco- able to grow and thrive, so too will our econ- been returned to the Treasury of the United nomic assumptions, and historical data which omy. Remember, small business is big busi- States at the expense of hard-working small were included in the president’s FY 2003 ness and small business focuses on the ‘‘mar- business owners. budget request. More importantly, the Small ket’’ that matters—the job market. I thank my While the SBA currently has an alternative Business Administration would implement the colleagues for joining me in supporting S. 141. model, they have delayed its implementation new subsidy rate and deem it to have been in Mr. MANZULLO. Mr. Speaker, I yield until Fiscal Year 2004. effect since October 1. myself such time as I may consume. The passage of S. 141 will force the new The bill is intended to provide a new cost In closing, let me say that we are model to be used immediately, allowing SBA calculation methodology, which is expected to going to miss the gentlewoman from to lift a lending cap imposed on the 7(a) pro- reduce the subsidy rate from 1.76% to 1.04%, Ohio (Mrs. JONES) on the committee, gram last year and provide small businesses thereby expanding the size of the program and request a waiver from the Demo- long-awaited relief for entrepreneurs in search from $4.9 billion to $8.2 billion. cratic leadership that she be on the of capital to finance and expand their compa- That is good news for small businesses in Committee on Ways and Means and the nies. my congressional district, in California, and Committee on Small Business at the Small businesses are fundamental players across the Nation. same time. in lifting the American economy out of its cur- I urge my colleagues to support this impor- Mr. Speaker, I yield back the balance rent doldrums and without investment re- tant bill. This bill will give a big lift to small of my time. sources this cannot and will not occur. businesses, and they, in turn, will help lift our Ms. VELA´ ZQUEZ. Mr. Speaker, I Passage of S. 141, will be the first step in economy out of its current slump. yield myself the balance of my time. correcting this wrong and I urge all of my col- Mrs. CHRISTENSEN. Mr. Speaker, I rise S. 141 is a good start. It is time to leagues to vote for passage of this important today in support of S. 141 to improve the cal- stop finger-pointing and get to work. piece of legislation. culation of Federal subsidy rate with respect to The administration needs to lift the Ms. ROYBAL-ALLARD. Mr. Speaker, I rise 7(a) loans. loan cap and get this critical capital in support of S. 141, a bill to improve the cal- The 7(a) loan program is one of the two where it is needed most, in the hands of culation of the federal subsidy rate with re- Small Business Administration’s primary lend- small businesses. spect to small business loans of the Section ing programs and is a major source of capital Mr. ISSA. Mr. Speaker, I rise today in sup- 8(a) program. for our nation’s small businesses. Lending port of S. 141, a bill authorizing the Office of As a member of the Commerce-Justice- through the SBA loan programs currently rep- Management and Budget to adopt a new State Subcommittee of the House Appropria- resents 40-percent of all small business lend- econometric model for calculating the 7(a) tions Committee which has funding jurisdiction ing. Last year, the SBA lent a record 20 billion Guaranteed Loan Program’s subsidy rate. for the Small Business Administration and its dollars of which 12 billion was in the 7(a) loan The subsidy rate for the 7(a) program has loan portfolio, I know that this is an issue we program. not accurately reflected the actual perform- have wrestled with from year to year. I am While Congress fights to increase appropria- ance of these loan portfolios since the pas- pleased to see that we are finally acting af- tions for the 7(a) program, our efforts are frus- sage of the Credit Reform Act in 1990. firmatively on behalf of small businesses. Ev- trated by a miscalculated subsidy rate. It is es- The continuous over statement of the sub- eryone recognizes that small businesses rep- timated that since 1995, 7(a) lenders and bor- sidy rate resulted in the Small Business Ad- resent the engine of U.S. economic growth. rowers have over paid by some $400 million ministration cutting back both the amount of The issue has to do with credit subsidies for plus dollars for using the program. This over- loans and the maximum loan size under its small business loans. Unfortunately, the Office charging is simply another name for small highly effective Section 7(a) loan program. of Management and Budget has refused to business tax. Passage of S. 141 will be the The SBA has reduced the maximum 7(a) loan modernize its credit subsidy calculation mod- first step in correcting the SBA lending prob- size they can guarantee from $1 million to els. A recent General Accounting Office study lems plaguing our nation’s small businesses. $500,000. The 7(a) loan program is a vital reported that OMB’s models do not take into This legislation would force the Administration source for nearly $11 billion of new capital for account historical data and recent statutory to use a subsidy rate model that accurately re- small businesses every year. and regulatory changes that have improved flects the cost of the small business loan pro- Passage of S. 141 and the adoption of the default rates and program performance. As a grams to the taxpayer. The change will pro- new econometric model will enable the SBA to result, OMB over-estimates the current sub- vide immediate relief for entrepreneurs in boost 7(a) lending authority from $4.8 billion to sidy rate that, in turn, limits the level of loans search of capital to finance and expand their $8.2 billion for Fiscal Year 2003. This model that can be guaranteed. companies.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A11FE7.055 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H361 I urge the passage of S. 141. January 8, 2003, the Chair announces Deutsch Johnson, Sam Pascrell the Speaker’s appointment of the fol- Diaz-Balart, L. Jones (NC) Pastor Mr. DAVIS of Illinois. Mr. Speaker, I rise in Diaz-Balart, M. Jones (OH) Payne support of S. 141 to improve the calculation of lowing Members of the House to the Dicks Kanjorski Pearce the federal subsidy rate with respect to certain Permanent Select Committee on Intel- Dingell Kaptur Pelosi small business loans. ligence: Doggett Keller Pence Dooley (CA) Kelly Peterson (MN) ALLEGLY Although, each year the Office of Manage- Mr. G of California, Doolittle Kennedy (MN) Peterson (PA) ment and Budget calculates the federal cost of Mr. COLLINS of Georgia. Doyle Kennedy (RI) Petri guaranteeing small business loans adminis- Dreier Kildee Pickering f tered by the Small Business Administration. Duncan Kind Pitts Dunn King (IA) Pombo Many analysts believed the current method of ANNOUNCEMENT BY THE SPEAKER Edwards King (NY) Pomeroy calculating those costs does not take into ac- PRO TEMPORE Ehlers Kingston Porter count historical data and recent statutory and Emanuel Kirk Portman regulatory changes that have improved default The SPEAKER pro tempore. Pursu- Emerson Kleczka Price (NC) ant to clause 8 of rule XX, proceedings Engel Kline Pryce (OH) rates and program performance. Therefore, English Knollenberg Putnam they contend that the current federal cost, ex- will resume on motions to suspend the rules previously postponed. Votes will Eshoo Kolbe Quinn pressed in the form of a subsidy rate, is over- Etheridge LaHood Radanovich estimated, which, in turn, limits the amount of be taken in the following order: Evans Lampson Ramstad loans that can be guaranteed. H. Con. Res. 27, by the yeas and nays; Everett Langevin Rangel H. Con. Res. 22, by the yeas and nays; Farr Lantos Regula The bill S. 141 would authorize the Director Fattah Larsen (WA) Rehberg of the Office of Management and Budget H. Res. 61, by the yeas and nays; Feeney Larson (CT) Renzi (OMB) to calculate the Federal cost for guar- H.J. Res. 19, by the yeas and nays. Filner Latham Reynolds The first electronic vote will be con- Flake LaTourette Rodriguez anteeing small business loans under the Small Fletcher Leach Rogers (AL) Business Act during FY 2003 and to use the ducted as a 15-minute vote. The re- Foley Levin Rogers (KY) most recently approved subsidy cost model maining votes will be conducted as 5- Forbes Lewis (CA) Rogers (MI) and methodology that would take into account minute votes. Fossella Lewis (GA) Rohrabacher Frank (MA) Lewis (KY) Ros-Lehtinen economic assumptions and historical data in- f Franks (AZ) Linder Ross cluded in the FY 2003 budget. The bill is in- Frelinghuysen Lipinski Rothman tended to provide a new cost calculation meth- CONDEMNING THE SELECTION OF Frost LoBiondo Roybal-Allard odology, which is expected to reduce the sub- LIBYA TO CHAIR THE UNITED Gallegly Lofgren Royce Garrett (NJ) Lowey Ruppersberger sidy rate from 1.76 percent to 1.04 percent, NATIONS COMMISSION ON Gerlach Lucas (KY) Ryan (OH) thereby expanding the size of the program HUMAN RIGHTS Gibbons Lucas (OK) Ryan (WI) Gilchrest Lynch Ryun (KS) from $4.9 billion to $8.2 billion. The SPEAKER pro tempore. The I urge my colleagues to support S. 141. Gillmor Majette Sabo ´ pending business is the question of sus- Gingrey Maloney Sanchez, Linda Ms. VELAZQUEZ. Mr. Speaker, I pending the rules and agreeing to the Gonzalez Manzullo T. yield back the balance of my time. concurrent resolution, H. Con. Res. 27. Goode Markey Sanchez, Loretta The SPEAKER pro tempore (Mr. Goodlatte Matheson Sanders The Clerk read the title of the con- Gordon Matsui Sandlin WHITFIELD). The question is on the mo- current resolution. Goss McCarthy (MO) Saxton tion offered by the gentleman from The SPEAKER pro tempore. The Granger McCarthy (NY) Schakowsky Iowa (Mr. NUSSLE) that the House sus- question is on the motion offered by Graves McCollum Schiff pend the rules and pass the Senate bill, Green (TX) McCotter Schrock the gentleman from Illinois (Mr. HYDE) S. 141. Green (WI) McCrery Scott (GA) that the House suspend the rules and Greenwood McGovern Scott (VA) The question was taken; and (two- agree to the concurrent resolution, H. Grijalva McHugh Sensenbrenner thirds having voted in favor thereof) Con. Res. 27, on which the yeas and Gutierrez McInnis Serrano Gutknecht McIntyre Sessions the rules were suspended and the Sen- nays are ordered. ate bill was passed. Hall McKeon Shadegg The vote was taken by electronic de- Harman McNulty Shaw A motion to reconsider was laid on vice, and there were—yeas 402, nays 6, Harris Meehan Shays the table. answered ‘‘present’’ 8, not voting 18, as Hart Meek (FL) Sherman Hastings (FL) Meeks (NY) Sherwood f follows: Hastings (WA) Menendez Shimkus [Roll No. 20] Hayes Mica Shuster RECESS Hayworth Michaud Simmons YEAS—402 Hefley Millender- Simpson The SPEAKER pro tempore. Pursu- Abercrombie Boehner Case Hensarling McDonald Skelton ant to clause 12(a) of rule I, the Chair Ackerman Bonilla Castle Herger Miller (MI) Slaughter declares the House in recess until ap- Aderholt Bonner Chabot Hill Miller (NC) Smith (MI) proximately 6:30 p.m. today. Akin Bono Chocola Hinojosa Miller, Gary Smith (NJ) Alexander Boozman Clyburn Hobson Mollohan Smith (WA) Accordingly (at 5 o’clock and 12 min- Allen Boswell Coble Hoeffel Moore Snyder utes p.m.), the House stood in recess Andrews Boucher Cole Hoekstra Moran (KS) Solis until approximately 6:30 p.m. Baca Boyd Collins Holden Moran (VA) Souder Bachus Bradley (NH) Combest Holt Murphy Spratt Baird Brady (PA) Cooper Hooley (OR) Murtha Stearns f Baker Brady (TX) Costello Hostettler Musgrave Stenholm Baldwin Brown (OH) Cox Houghton Myrick Strickland b 1830 Ballenger Brown (SC) Cramer Nadler Stupak Barrett (SC) Brown, Corrine Crane Hoyer AFTER RECESS Bartlett (MD) Brown-Waite, Crenshaw Hunter Napolitano Sullivan Barton (TX) Ginny Crowley Hyde Nethercutt Sweeney The recess having expired, the House Bass Burgess Culberson Inslee Ney Tancredo was called to order by the Speaker pro Beauprez Burns Cummings Isakson Northup Tanner Israel Norwood Tauscher tempore (Mr. BASS) at 6 o’clock and 30 Becerra Burr Cunningham Bell Burton (IN) Davis (AL) Issa Nunes Taylor (MS) minutes p.m. Bereuter Buyer Davis (CA) Istook Nussle Taylor (NC) Berkley Calvert Davis (FL) Jackson (IL) Oberstar Terry f Berman Camp Davis (IL) Jackson-Lee Obey Thomas Berry Cantor Davis (TN) (TX) Olver Thompson (CA) APPOINTMENT OF MEMBERS TO Biggert Capito Davis, Jo Ann Janklow Ortiz Thompson (MS) THE PERMANENT SELECT COM- Bilirakis Capps Davis, Tom Jefferson Osborne Thornberry MITTEE ON INTELLIGENCE Bishop (GA) Capuano DeFazio Jenkins Ose Tiahrt Bishop (NY) Cardin DeGette John Otter Tierney The SPEAKER pro tempore. Pursu- Blackburn Cardoza Delahunt Johnson (CT) Owens Toomey Blumenauer Carson (IN) DeLauro ant to clause 11 of rule X and clause 11 Johnson (IL) Oxley Towns Blunt Carson (OK) DeLay Johnson, E. B. Pallone Turner (OH) of rule I, and the order of the House of Boehlert Carter DeMint

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.036 H11PT1 H362 CONGRESSIONAL RECORD — HOUSE February 11, 2003 Turner (TX) Wamp Wilson (NM) This will be a 5-minute vote. Myrick Rogers (AL) Strickland Udall (CO) Watson Wilson (SC) Nadler Rogers (KY) Stupak Udall (NM) Waxman Wolf The vote was taken by electronic de- Napolitano Rogers (MI) Sullivan Upton Weiner Woolsey vice, and there were—yeas 415, nays 0, Neal (MA) Rohrabacher Sweeney Van Hollen Weldon (FL) Wu not voting 19, as follows: Nethercutt Ros-Lehtinen Tancredo Velazquez Weldon (PA) Ney Ross Tanner Wynn [Roll No. 21] Visclosky Weller Young (AK) Northup Rothman Tauscher Vitter Wexler Young (FL) YEAS—415 Norwood Roybal-Allard Taylor (MS) Walden (OR) Whitfield Nunes Royce Taylor (NC) Abercrombie DeGette Jackson (IL) Walsh Wicker Nussle Ruppersberger Terry Ackerman Delahunt Jackson-Lee Oberstar Ryan (OH) Thomas NAYS—6 Aderholt DeLauro (TX) Obey Ryan (WI) Akin DeMint Janklow Thompson (CA) Clay Kucinich Paul Olver Ryun (KS) Thompson (MS) Honda Lee Rahall Alexander Deutsch Jefferson Ortiz Sabo Allen Diaz-Balart, L. Jenkins Thornberry Osborne Sanchez, Linda Tiahrt ANSWERED ‘‘PRESENT’’—8 Andrews Diaz-Balart, M. John Ose T. Tierney Baca Dicks Johnson (CT) Otter Sanchez, Loretta Ballance McDermott Waters Toomey Bachus Dingell Johnson (IL) Owens Sanders Hinchey Miller, George Watt Towns Baird Doggett Johnson, E. B. Oxley Sandlin Kilpatrick Stark Turner (OH) Baker Dooley (CA) Johnson, Sam Pallone Saxton Udall (CO) NOT VOTING—18 Baldwin Doolittle Jones (NC) Pascrell Schakowsky Ballance Doyle Jones (OH) Udall (NM) Bishop (UT) Ford Platts Pastor Schiff Barrett (SC) Dreier Kanjorski Upton Cannon Gephardt Reyes Paul Schrock Bartlett (MD) Duncan Kaptur Van Hollen Conyers Hulshof Rush Payne Scott (GA) Barton (TX) Dunn Keller Velazquez Cubin Marshall Smith (TX) Pearce Scott (VA) Bass Edwards Kelly Visclosky Deal (GA) Miller (FL) Tauzin Pelosi Sensenbrenner Beauprez Ehlers Kennedy (MN) Vitter Ferguson Neal (MA) Tiberi Pence Serrano Becerra Emanuel Kennedy (RI) Peterson (MN) Sessions Walden (OR) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bell Emerson Kildee Peterson (PA) Shadegg Walsh The SPEAKER pro tempore (Mr. Bereuter Engel Kilpatrick Petri Shaw Wamp Berkley English Kind Pickering Shays Waters BASS) (during the vote). The Chair re- Berman Eshoo King (IA) Pitts Sherman Watson minds the Membership that there is Berry Etheridge King (NY) Pombo Sherwood Watt less than 2 minutes remaining in this Biggert Evans Kingston Pomeroy Shimkus Waxman Bilirakis Everett Kirk vote. Porter Shuster Weiner Bishop (GA) Farr Kleczka Portman Simmons Weldon (FL) b 1849 Bishop (NY) Fattah Kline Price (NC) Simpson Weldon (PA) Bishop (UT) Feeney Knollenberg Pryce (OH) Skelton Weller Ms. WOOLSEY and Ms. WATSON Blackburn Filner Kolbe Putnam Slaughter Wexler changed their vote from ‘‘nay’’ to Blumenauer Flake Kucinich Quinn Smith (MI) Whitfield Boehlert Fletcher LaHood ‘‘yea.’’ Radanovich Smith (NJ) Wicker Boehner Foley Lampson Rahall Smith (WA) Wilson (NM) Mr. STARK and Mr. GEORGE MIL- Bonilla Forbes Langevin Ramstad Snyder Wilson (SC) LER of California changed their vote Bonner Ford Lantos Rangel Solis Wolf from ‘‘nay’’ to ‘‘present.’’ Bono Fossella Larsen (WA) Regula Souder Woolsey Boswell Frank (MA) Larson (CT) Mr. McDERMOTT changed his vote Rehberg Spratt Wu Boucher Franks (AZ) Latham Renzi Stark Wynn from ‘‘yea’’ to ‘‘present.’’ Boyd Frelinghuysen LaTourette Reynolds Stearns Young (AK) Stated for: Bradley (NH) Frost Leach Rodriguez Stenholm Young (FL) Brady (PA) Gallegly Lee Mr. MARSHALL. Mr. Speaker, on rollcall Brady (TX) Garrett (NJ) Levin NOT VOTING—19 No. 20, had I been present, I would have Brown (OH) Gerlach Lewis (CA) Ballenger DeLay Rush voted ‘‘yea.’’ Brown (SC) Gibbons Lewis (GA) Blunt Ferguson Smith (TX) Brown, Corrine Gilchrest Lewis (KY) Mr. PLATTS. Mr. Speaker, on rollcall No. Boozman Gephardt Tauzin Brown-Waite, Gillmor Linder Cannon Hulshof Tiberi 20, I was unavoidably detained. Had I been Ginny Gingrey Lipinski Cubin Miller (FL) Turner (TX) present, I would have voted ‘‘yea.’’ Burgess Gonzalez LoBiondo Davis (TN) Platts So (two-thirds having voted in favor Burns Goode Lofgren Deal (GA) Reyes thereof) the rules were suspended and Burr Goodlatte Lowey Burton (IN) Gordon Lucas (KY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the concurrent resolution was agreed Buyer Goss Lucas (OK) The SPEAKER pro tempore (during to. Calvert Granger Lynch the vote). The Chair will remind the The result of the vote was announced Camp Graves Majette Membership that there is less than 2 as above recorded. Cantor Green (TX) Maloney Capito Green (WI) Manzullo minutes remaining in this vote. A motion to reconsider was laid on Capps Greenwood Markey the table. Capuano Grijalva Marshall b 1856 Cardin Gutierrez Matheson f Cardoza Gutknecht Matsui So (two-thirds having voted in favor ANNOUNCEMENT BY THE SPEAKER Carson (IN) Hall McCarthy (MO) thereof) the rules were suspended and PRO TEMPORE Carson (OK) Harman McCarthy (NY) the concurrent resolution was agreed Carter Harris McCollum to. The SPEAKER pro tempore. Pursu- Case Hart McCotter Castle Hastings (FL) McCrery The result of the vote was announced ant to clause 8 of rule XX, the remain- Chabot Hastings (WA) McDermott as above recorded. der of this series will be conducted as 5- Chocola Hayes McGovern A motion to reconsider was laid on minute votes. Clay Hayworth McHugh the table. Clyburn Hefley McInnis f Coble Hensarling McIntyre Stated for: HONORING CZECH REPUBLIC Cole Herger McKeon Mr. PLATTS. Mr. Speaker, on rollcall No. 21 Collins Hill McNulty PRESIDENT VACLAV HAVEL I was inadvertently detained. (Had I been Combest Hinchey Meehan present, I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Conyers Hinojosa Meek (FL) Cooper Hobson Meeks (NY) Mr. DAVIS of Tennessee. Mr. Speaker, on pending business is the question of sus- Costello Hoeffel Menendez rollcall No. 21 had I been present, I would pending the rules and agreeing to the Cox Hoekstra Mica have voted ‘‘yea.’’ concurrent resolution, H. Con. Res. 22. Cramer Holden Michaud Mr. BALLENGER. Mr. Speaker, on rollcall The Clerk read the title of the con- Crane Holt Millender- Crenshaw Honda McDonald No. 21, had I been present, I would have current resolution. Crowley Hooley (OR) Miller (MI) voted ‘‘yea.’’ The SPEAKER pro tempore. The Culberson Hostettler Miller (NC) f question is on the motion offered by Cummings Houghton Miller, Gary Cunningham Hoyer Miller, George the gentleman from Nebraska (Mr. BE- COMMENDING ISRAEL ON THEIR Davis (AL) Hunter Mollohan ELECTIONS REUTER) that the House suspend the Davis (CA) Hyde Moore rules and agree to the concurrent reso- Davis (FL) Inslee Moran (KS) The SPEAKER pro tempore. The lution, House Concurrent Resolution Davis (IL) Isakson Moran (VA) pending business is the question of sus- Davis, Jo Ann Israel Murphy 22, on which the yeas and nays are or- Davis, Tom Issa Murtha pending the rules and agreeing to the dered. DeFazio Istook Musgrave resolution, H. Res. 61.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.038 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H363 The Clerk read the title of the resolu- Lynch Payne Simpson RECOGNIZING THE 92ND BIRTHDAY tion. Majette Pearce Skelton OF RONALD REAGAN Maloney Pelosi Slaughter The SPEAKER pro tempore. The Manzullo Pence Smith (MI) The SPEAKER pro tempore. The question is on the motion offered by Markey Peterson (MN) Smith (NJ) pending business is the question of sus- the gentlewoman from Florida (Ms. Marshall Peterson (PA) Smith (WA) Matheson Petri Snyder pending the rules and passing the joint ROS-LEHTINEN) that the House suspend Matsui Pitts Solis resolution, H.J. Res. 19. the rules and agree to the resolution, McCarthy (MO) Platts Souder The Clerk read the title of the joint House Resolution 61, on which the yeas McCarthy (NY) Pombo Spratt resolution. and nays are ordered. McCollum Pomeroy Stearns McCotter Porter The SPEAKER pro tempore. The This will be a 5-minute vote. Stenholm McCrery Portman Strickland question is on the motion offered by The vote was taken by electronic de- McDermott Price (NC) Stupak the gentlewoman from Tennessee (Mrs. vice, and there were—yeas 411, nays 2, McGovern Pryce (OH) Sweeney McHugh Putnam BLACKBURN) that the House suspend Tancredo answered ‘‘present’’ 3, not voting 18, as McInnis Quinn Tanner the rules and pass the joint resolution, follows: McIntyre Radanovich Tauscher H.J. Res. 19, on which the yeas and McKeon Ramstad [Roll No. 22] Taylor (MS) McNulty Rangel nays are ordered. Taylor (NC) YEAS—411 Meehan Regula This will be a 5-minute vote. Terry Abercrombie Cramer Hastings (FL) Meek (FL) Rehberg The vote was taken by electronic de- Meeks (NY) Renzi Thomas Ackerman Crane Hastings (WA) Thompson (CA) vice, and there were—yeas 406, nays 0, Aderholt Crenshaw Hayes Menendez Reynolds Mica Rodriguez Thompson (MS) answered ‘‘present’’ 11, not voting 17, Akin Crowley Hayworth Thornberry Alexander Culberson Hefley Michaud Rogers (AL) as follows: Millender- Rogers (KY) Tiahrt Allen Cummings Hensarling Tierney [Roll No. 23] Andrews Cunningham Herger McDonald Rogers (MI) Toomey Baca Davis (AL) Hill Miller (MI) Rohrabacher YEAS—406 Towns Bachus Davis (CA) Hinchey Miller (NC) Ros-Lehtinen Abercrombie Coble Gonzalez Turner (OH) Baird Davis (FL) Hinojosa Miller, Gary Ross Ackerman Cole Goode Baker Davis (IL) Hobson Miller, George Rothman Turner (TX) Aderholt Collins Goodlatte Baldwin Davis (TN) Hoeffel Mollohan Roybal-Allard Udall (CO) Akin Combest Gordon Ballance Davis, Jo Ann Hoekstra Moore Royce Udall (NM) Alexander Cooper Goss Ballenger Davis, Tom Holden Moran (KS) Ruppersberger Upton Allen Costello Granger Barrett (SC) DeFazio Holt Moran (VA) Ryan (OH) Van Hollen Andrews Cox Graves Bartlett (MD) DeGette Honda Murphy Ryan (WI) Velazquez Baca Cramer Green (TX) Barton (TX) Delahunt Hooley (OR) Murtha Ryun (KS) Visclosky Bachus Crane Green (WI) Bass DeLauro Hostettler Musgrave Sabo Vitter Baird Crenshaw Greenwood Beauprez DeLay Houghton Myrick Sanchez, Linda Walden (OR) Baker Crowley Grijalva Becerra DeMint Hoyer Nadler T. Walsh Baldwin Culberson Gutierrez Bell Deutsch Hunter Napolitano Sanchez, Loretta Wamp Ballance Cummings Gutknecht Neal (MA) Sanders Bereuter Diaz-Balart, L. Hyde Waters Ballenger Cunningham Hall Nethercutt Sandlin Berkley Diaz-Balart, M. Inslee Watson Barrett (SC) Davis (AL) Harman Ney Saxton Berman Dicks Isakson Watt Bartlett (MD) Davis (CA) Harris Berry Dingell Israel Northup Schakowsky Barton (TX) Davis (FL) Hart Norwood Schiff Waxman Biggert Dooley (CA) Issa Weiner Bass Davis (IL) Hastings (FL) Bilirakis Doolittle Istook Nunes Schrock Beauprez Davis (TN) Hastings (WA) Nussle Scott (GA) Weldon (FL) Bishop (GA) Doyle Jackson (IL) Weldon (PA) Becerra Davis, Jo Ann Hayes Bishop (NY) Dreier Jackson-Lee Oberstar Scott (VA) Bell Davis, Tom Hayworth Obey Sensenbrenner Weller Bishop (UT) Duncan (TX) Wexler Bereuter DeFazio Hefley Blackburn Dunn Janklow Olver Serrano Berkley DeGette Hensarling Ortiz Sessions Whitfield Blumenauer Edwards Jefferson Wicker Berman Delahunt Herger Boehlert Ehlers Jenkins Osborne Shadegg Berry DeLauro Hill Wilson (NM) Boehner Emanuel John Ose Shaw Biggert DeLay Hinojosa Wilson (SC) Bonilla Emerson Johnson (CT) Otter Shays Bilirakis DeMint Hobson Wolf Bonner Engel Johnson (IL) Owens Sherman Bishop (GA) Deutsch Hoeffel Woolsey Bono English Johnson, E. B. Oxley Sherwood Bishop (NY) Diaz-Balart, L. Hoekstra Wynn Boozman Eshoo Johnson, Sam Pallone Shimkus Bishop (UT) Diaz-Balart, M. Holden Boswell Etheridge Jones (NC) Pascrell Shuster Young (AK) Blackburn Dicks Holt Boucher Evans Jones (OH) Pastor Simmons Young (FL) Blumenauer Dingell Honda Boyd Everett Kanjorski Boehlert Doggett Hooley (OR) Bradley (NH) Farr Kaptur NAYS—2 Boehner Dooley (CA) Hostettler Brady (PA) Fattah Keller Paul Rahall Bonilla Doolittle Houghton Brady (TX) Feeney Kelly Bonner Doyle Hoyer Brown (OH) Filner Kennedy (MN) ANSWERED ‘‘PRESENT’’—3 Bono Dreier Hunter Brown (SC) Flake Kennedy (RI) Boozman Duncan Hyde Brown, Corrine Fletcher Kildee Conyers Stark Wu Boswell Dunn Inslee Brown-Waite, Foley Kilpatrick Boucher Edwards Isakson Ginny Forbes Kind NOT VOTING—18 Boyd Ehlers Israel Burgess Ford King (IA) Bradley (NH) Emanuel Issa Blunt Gallegly Reyes Burns Fossella King (NY) Brady (PA) Emerson Istook Cannon Gephardt Rush Burr Frank (MA) Kingston Brady (TX) Engel Jackson (IL) Cubin Hulshof Smith (TX) Burton (IN) Franks (AZ) Kirk Brown (OH) English Jackson-Lee Deal (GA) Lipinski Sullivan Buyer Frelinghuysen Kleczka Brown (SC) Eshoo (TX) Doggett Miller (FL) Tauzin Calvert Frost Kline Brown-Waite, Etheridge Janklow Ferguson Pickering Tiberi Camp Garrett (NJ) Knollenberg Ginny Evans Jefferson Cantor Gerlach Kolbe Burgess Everett Jenkins Capito Gibbons Kucinich ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burns Farr John Capps Gilchrest LaHood Burr Fattah Johnson (CT) Capuano Gillmor Lampson The SPEAKER pro tempore (Mr. Burton (IN) Feeney Johnson (IL) Cardin Gingrey Langevin BASS) (during the vote). The Chair re- Buyer Filner Johnson, Sam Cardoza Gonzalez Lantos minds Members there is less than 2 Calvert Flake Jones (NC) Carson (IN) Goode Larsen (WA) Camp Fletcher Jones (OH) Carson (OK) Goodlatte Larson (CT) minutes remaining on this vote. Cantor Foley Kanjorski Carter Gordon Latham Capito Forbes Kaptur Case Goss LaTourette Capps Ford Keller Castle Granger Leach b 1905 Capuano Fossella Kelly Chabot Graves Lee Cardin Frank (MA) Kennedy (MN) Chocola Green (TX) Levin So (two-thirds having voted in favor Cardoza Franks (AZ) Kennedy (RI) Clay Green (WI) Lewis (CA) thereof) the rules were suspended and Carson (IN) Frelinghuysen Kildee Clyburn Greenwood Lewis (GA) Carson (OK) Frost Kind Coble Grijalva Lewis (KY) the resolution was agreed to. Carter Gallegly King (IA) Cole Gutierrez Linder The result of the vote was announced Case Garrett (NJ) King (NY) Collins Gutknecht LoBiondo Castle Gerlach Kingston Combest Hall Lofgren as above recorded. Chabot Gibbons Kirk Cooper Harman Lowey Chocola Gilchrest Kleczka Costello Harris Lucas (KY) A motion to reconsider was laid on Clay Gillmor Kline Cox Hart Lucas (OK) the table. Clyburn Gingrey Knollenberg

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.075 H11PT1 H364 CONGRESSIONAL RECORD — HOUSE February 11, 2003 Kolbe Oberstar Shadegg Stated for: reorganizing and reenergizing his net- Kucinich Obey Shaw work, which is the greatest threat to LaHood Olver Shays Mr. WU. Mr. Speaker, on H. Res. 61, I in- Lampson Ortiz Sherman tended to vote ‘‘yea.’’ I voted ‘‘present’’ by the physical security of the United Langevin Osborne Sherwood mistake, thinking it was the Ronald Reagan States. Larsen (WA) Ose Shimkus resolution, H.J. Res. 19, which was voted on He did a 1-hour broadcast, or rant, Larson (CT) Otter Shuster against the United States, which was Latham Owens Simmons immediately after the vote on H. Res. 61. To LaTourette Oxley Simpson restate the record, I proceeded, after voting on broadcast on al-Jazeera today. He is Leach Pallone Skelton H. Res. 61, to vote ‘‘present’’ on H.J. Res. 19, still alive and well, probably under the Levin Pascrell Slaughter protection of the security services in a Lewis (CA) Pastor the joint resolution commending former Presi- Smith (MI) part of Pakistan where both the Lewis (GA) Paul Smith (NJ) dent Reagan. Lewis (KY) Payne Smith (WA) Mr. MICHAUD. Mr. Speaker, on rollcall No. Taliban and al Qaeda have free rein and Linder Pearce Snyder 23, had I been present, I would have voted are organizing further attacks against Lipinski Pelosi Solis ‘‘yea.’’ Afghanistan, which is not yet sta- LoBiondo Pence Souder Lofgren Peterson (MN) Spratt f bilized, and against the United States Lowey Peterson (PA) Stearns and its allies around the world and Lucas (KY) Petri Stenholm ELECTION OF MEMBERS TO CER- probably against the Government of Lucas (OK) Pickering Strickland TAIN STANDING COMMITTEES OF Lynch Pitts Pakistan. Should they be able to take Stupak THE HOUSE Majette Platts Sullivan over Pakistan, they would instantly Maloney Pombo Sweeney Mr. BONILLA. Mr. Speaker, I offer a possess nuclear weapons. It sounds like Manzullo Pomeroy Tancredo Markey Porter resolution (H. Res. 63), and I ask unani- a problem. Tanner Marshall Portman But we have others. We have Kim Tauscher mous consent for its immediate consid- Matheson Price (NC) Taylor (MS) eration in the House. Jong Il, a psychopathic dictator run- Matsui Pryce (OH) Taylor (NC) ning North Korea, who has threatened McCarthy (MO) Putnam The SPEAKER pro tempore. The Terry McCarthy (NY) Quinn Clerk will report the resolution. to launch a preemptive nuclear strike Thomas McCollum Rahall against the United States of America, Thompson (CA) The Clerk read as follows: McCotter Ramstad Thompson (MS) and he has nuclear weapons and he has McCrery Rangel H. RES. 63 Thornberry intermediate-range missiles. He can hit McGovern Regula Resolved, That the following Members be Tiahrt McHugh Rehberg and are hereby elected to the following Japan and other countries; he has not McInnis Renzi Tierney yet the capability of hitting the United Toomey standing committees of the House of Rep- McIntyre Reynolds resentatives: States. But he also gets 25 percent of McKeon Rodriguez Turner (OH) McNulty Rogers (AL) Turner (TX) Budget: Mr. Shays to rank after Mr. his income for his country by selling Meehan Rogers (KY) Udall (CO) Nussle; and Ms. Ginny Brown-Waite of Flor- weapons of mass destruction and so- Meek (FL) Rogers (MI) Udall (NM) ida to rank after Mr. Hensarling. Upton phisticated technology to terrorists. Meeks (NY) Rohrabacher Education and the Workforce: Mr. Gingrey. He seems like a pretty big threat. Menendez Ros-Lehtinen Van Hollen Science: Mr. Gilchrest to rank after Mrs. Mica Ross Velazquez So what is the response of the Bush Visclosky Biggert; and Mr. Feeney to rank after Mr. Millender- Rothman Bonner. administration? Attack Saddam Hus- McDonald Roybal-Allard Vitter sein, who does not possess nuclear Miller (MI) Royce Walden (OR) Small Business: Mr. Chocola. Miller (NC) Ruppersberger Walsh Standards of Official Conduct: Mr. weapons. He has a few hidden, short- Miller, Gary Ryan (OH) Wamp Hastings of Washington; Mrs. Biggert; Mr. range missiles that do not work very Miller, George Ryan (WI) Waters Hulshof; and Mr. LaTourette. well. Yes, he is probably hiding some Mollohan Ryun (KS) Watt anthrax or some chemical weapons. He Moore Sabo Waxman The SPEAKER pro tempore. Is there Moran (KS) Sanchez, Linda Weiner objection to the request of the gen- hid them before. We sent in the inspec- Moran (VA) T. Weldon (FL) tleman from Texas? tors and we persisted over 41⁄2 years Murphy Sanchez, Loretta Weldon (PA) There was no objection. and, guess what, we found them and we Murtha Sanders Weller Musgrave Sandlin Wexler The resolution was agreed to. destroyed them, without the desta- Myrick Saxton Whitfield A motion to reconsider was laid on bilization of that entire region after Napolitano Schakowsky Wicker the table. the first war in the Gulf. Neal (MA) Schiff Wilson (NM) We could do that again. We could Nethercutt Schrock Wilson (SC) f Ney Scott (GA) Wolf have enhanced inspections. We could Northup Scott (VA) Woolsey b 1915 move forward and begin to deal with Norwood Sensenbrenner Wynn these other threats, these very real SPECIAL ORDERS Nunes Serrano Young (AK) threats. Nussle Sessions Young (FL) The SPEAKER pro tempore (Mr. The administration keeps telling us ANSWERED ‘‘PRESENT’’—11 MURPHY). Under the Speaker’s an- blithely, just sort of in offhand com- Brown, Corrine Kilpatrick Towns nounced policy of January 7, 2003, and ments, Don’t worry, we can multitask. Conyers Lee Watson under a previous order of the House, We can take care of Kim Jong Il and Hinchey McDermott Wu the following Members will be recog- Johnson, E. B. Stark his nuclear weapons through diplomacy nized for 5 minutes each. somehow. But not the Middle East. NOT VOTING—17 f And, yeah, we’ll get around to Osama Blunt Hulshof Reyes bin Laden, dead or alive, later. Yeah, Cannon Lantos Rush DEALING WITH THREATS TO it’s serious, he’s in Pakistan, he’s mak- Cubin Michaud Smith (TX) NATIONAL SECURITY Deal (GA) Miller (FL) Tauzin ing broadcasts, he’s organizing and Ferguson Nadler Tiberi The SPEAKER pro tempore. Under a they are the greatest threat to the Gephardt Radanovich previous order of the House, the gen- United States of America and its citi- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from Oregon (Mr. DEFAZIO) is zens, but we don’t have time for them The SPEAKER pro tempore (during recognized for 5 minutes. right now because we want to go after the vote). The Chair reminds Members Mr. DEFAZIO. Mr. Speaker, these are this little tin pot dictator who’s terror- there is less than 2 minutes remaining serious times. The Nation is on Orange izing his own people and is surrounded on this vote. Alert. All Americans are urged to buy in a box in his country in the Middle duct tape, plastic sheeting and other East with inspectors on the ground and b 1912 things to create safe havens in their about to have planes flying overhead. So (two-thirds having voted in favor home. That is because of the threat of Plus the U.S., of course, controls a sig- thereof) the rules were suspended and al Qaeda and terrorist networks. The nificant amount of his airspace now. the joint resolution was passed. head of al Qaeda, Osama bin Laden—re- But the response of the administration The result of the vote was announced member him, wanted dead or alive?— is, ‘‘That’s our highest priority.’’ as above recorded. the President has not mentioned his I fear that this administration has A motion to reconsider was laid on name in about 12 months, because he is misplaced priorities that are not going the table. still very much alive and leading and to provide the protection that our

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.043 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H365 country warrants, and I know that to South Carolina, to Edgefield, the the Rules of the House of Representatives, their priorities are totally misplaced in birthplace of Senator Strom Thur- the Committee or any of its subcommittees terms of the economy. I just met yes- mond, and began to raise their family, is authorized: (a) To sit and act at such times and places terday with a group of dislocated work- me and my two brothers. within the United States whether the House ers in my district who are getting re- My dad died 22 years ago. My mom is in session, has recessed, or has adjourned, trained, trying desperately to find and dad were high school graduates and to hold such hearings; and work. We have the highest unemploy- who worked hard in one small business (b) To require, by subpoena or otherwise, ment rate in the Nation, yet the econo- after another. They never had the op- the attendance and testimony of such wit- mists and other pundits tell us, Well, portunity to go to college, but they nesses and the production of such books, re- the clouds of war, the high oil prices struggled to make sure that their three ports, correspondence, memorandums, pa- and all that, you can’t expect the econ- sons; my brother Bill, my brother pers, and documents as it deems necessary. The Chairman, or any Member designated by omy to recover right now. James and myself, attended college. the Chairman, may administer oaths to any How about if we chose a different The ideals my parents instilled in us witness. path and revitalized our economy and are the ones of hard work, good edu- (c) A subpoena may be authorized and invested there and put people back to cation, personal responsibility, respect issued by the Committee or its subcommit- work, that is the greatest threat to the for others, love of family and love of tees under subsection 1 (b) in the conduct of security of the people in my district, country. These are not only good prin- any investigation or activity or series of in- and then dealt with the real threats to ciples for rearing children, but also vestigations or activities, only when author- our security, like Osama bin Laden, ized by a majority of the Members of the good guidelines for the initiatives we Committee voting, a majority being present. dead or alive? It is about time the will work on here in this 108th Con- The power to authorize and issue subpoenas President delivered on that promise. It gress. under subsection 1 (b) may be delegated to has been almost 2 years. Therefore, Mr. Speaker, I urge the the Chairman pursuant to such rules and And how about Kim Jong Il and his House to use the example and the prin- under such limitations as the Committee nuclear weapons? ciples of Mrs. Helen Gingrey and all may prescribe. Authorized subpoenas shall Let us get to the real threats. Let us loving mothers like her to set an agen- be signed by the Chairman or by any Member deal reasonably with the problems in da that will work to strengthen and designated by the Committee. the Middle East, but let us not exag- (d) Compliance with any subpoena issued support the most vital component of by the Committee or its subcommittees may gerate them and say that he is the our great Nation, the American family. be enforced only as authorized or directed by greatest threat because our intel- f the House. ligence services and all the foreign in- The SPEAKER pro tempore. Under a SEC. 2: SUBCOMMITTEES telligence services tell us that is just previous order of the House, the gen- (a) The Majority Caucus of the Committee not true. We have got him contained, tleman from Florida (Mr. MEEK) is rec- shall establish the number of subcommittees we have got him where we want him ognized for 5 minutes. and shall determine the jurisdiction of each and we can take the time to find and (Mr. MEEK of Florida addressed the subcommittee. disarm his weapons. (b) Each subcommittee is authorized to House. His remarks will appear here- meet, hold hearings, receive evidence, and f after in the Extensions of Remarks.) report to the Committee all matters referred IN HONOR OF THE BIRTHDAY OF f to it. MRS. HELEN GINGREY (c) All legislation and other matters re- PUBLICATION OF THE RULES OF ferred to the Committee shall be referred to The SPEAKER pro tempore. Under a THE COMMITTEE ON APPROPRIA- the subcommittee of appropriate jurisdiction previous order of the House, the gen- TIONS 108TH CONGRESS within two weeks unless, by majority vote of tleman from Georgia (Mr. GINGREY) is the Majority Members of the full Committee, recognized for 5 minutes. The SPEAKER pro tempore. Under a consideration is to be by the full Committee. Mr. GINGREY. Mr. Speaker, I would previous order of the House, the gen- (d) The Majority Caucus of the Committee like to take my time this evening to tleman from Florida (Mr. YOUNG) is shall determine an appropriate ratio of Ma- address the House regarding a very im- recognized for 5 minutes. jority to Minority Members for each sub- portant person, someone who has Mr. YOUNG of Florida. Mr. Speaker, I sub- committee. The Chairman is authorized to mit the following for publication in the RECORD: negotiate that ratio with the Minority; Pro- meant so much to me and without vided, however, That party representation in HOUSE OF REPRESENTATIVES COMMITTEE ON whom undoubtedly I would not be here each subcommittee, including ex-officio APPROPRIATIONS—COMMITTEE RULES today. Mrs. Helen Gingrey turned 85 members, shall be no less favorable to the last Saturday, February 8, 2003. RESOLVED, That the rules and practices Majority than the ratio for the full Com- Mr. Speaker, I know that you and of the Committee on Appropriations, House mittee. Members of the House of Representa- of Representatives, in the One Hundred Sev- (e) The Chairman and Ranking Minority enth Congress, except as otherwise provided tives will want to join me tonight in Member of the full Committee are author- hereinafter, shall be and are hereby adopted ized to sit as a member of all subcommittees saying, Happy Birthday, Mom. as the rules and practices of the Committee and to participate, including voting, in all It is important in this day and age on Appropriations in the One Hundred its work. for children to grow up in a strong fam- Eighth Congress with the following amend- SEC. 3: STAFFING ily environment like the one my par- ment to the standing rules as provided (a) Committee Staff—The Chairman is au- below: ents provided for me. I would hope that thorized to appoint the staff of the Com- In Section 7, add at the end the following as I embark on my tenure here, rep- mittee, and make adjustments in the job ti- new paragraph: resenting the 11th Congressional Dis- tles and compensation thereof subject to the (c) The Chairman of the Committee and trict of Georgia, that my colleagues maximum rates and conditions established any of its subcommittees may— in Clause 9(c) of Rule X of the Rules of the and I would always keep an eye on how (1) postpone further proceedings when a House of Representatives. In addition, he is our actions will affect the American record vote is ordered on the question of ap- authorized, in his discretion, to arrange for families who are struggling to stay to- proving a measure or matter or on adopting their specialized training. The Chairman is gether and to make ends meet. an amendment; also authorized to employ additional per- (2) resume proceedings on a postponed My mother has had a great life and sonnel as necessary. question at any time after reasonable notice. has been a blessing to both her commu- (b) Assistants to Members—Each of the top When proceedings resume on a postponed nity and to her family. She is the twenty-one senior majority and minority question, notwithstanding any intervening daughter of Irish and Scotch immi- Members of the full Committee may select order for the previous question, an under- and designate one staff member who shall grants. She was born in New York City lying proposition shall remain subject to fur- serve at the pleasure of that Member. Such in 1918. She grew up in Astoria of the ther debate or amendment to the same ex- staff members shall be compensated at a Queens Borough. She married my dad tent as when the question was postponed. rate, determined by the Member, not to ex- when she was 19 years old. He was a na- The foregoing resolution adopts the fol- ceed 75 per centum of the maximum estab- lowing rules: tive of South Carolina and had come to lished in Clause 9(c) of Rule X of the Rules of New York at age 16 in near poverty SEC. 1: POWER TO SIT AND ACT the House of Representatives; Provided, That with little means of support. Shortly For the purpose of carrying out any of its Members designating staff members under after their marriage, they moved back functions and duties under Rules X and XI of this subsection must specifically certify by

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.081 H11PT1 H366 CONGRESSIONAL RECORD — HOUSE February 11, 2003 letter to the Chairman that the employees shall include a description of the amend- same procedure vote to close five subsequent are needed and will be utilized for Com- ment, motion, or other proposition, and the days of hearings. mittee work. name of each Member voting for and each (2) Subcommittee chairmen shall coordi- SEC. 4: COMMITTEE MEETINGS Member voting against, and the names of nate the development of schedules for meet- those Members present but not voting. ings or hearings after consultation with the (a) Regular Meeting Day.—The regular (2) All hearings, records, data, charts, and Chairman and other subcommittee chairmen meeting day of the Committee shall be the files of the Committee shall be kept separate with a view toward avoiding simultaneous first Wednesday of each month while the and distinct from the congressional office scheduling of Committee and subcommittee House is in session, unless the Committee records of the Chairman of the Committee. meetings or hearings. has met within the past 30 days or the Chair- Such records shall be the property of the (3) Each witness who is to appear before man considers a specific meeting unneces- House, and all Members of the House shall the Committee or any of its subcommittees sary in the light of the requirements of the have access thereto. as the case may be, insofar as is practicable, Committee business schedule. (3) The records of the Committee at the shall file in advance of such appearance, a (b) Additional and Special Meetings: National Archives and Records Administra- written statement of the proposed testimony (1) The Chairman may call and convene, as tion shall be made available in accordance and shall limit the oral presentation at such he considers necessary, additional meetings with Rule VII of the Rules of the House, ex- appearance to a brief summary, except that of the Committee for the consideration of cept that the Committee authorizes use of this provision shall not apply to any witness any bill or resolution ending before the Com- any record to which Clause 3(b)(4) of Rule appearing before the Committee in the over- mittee or for the conduct of other Com- VII of the Rules of the House would other- all budget hearings. mittee business. The Committee shall meet wise apply after such record has been in ex- (4) Each witness appearing in a nongovern- for such purpose pursuant to that call of the istence for 20 years. The Chairman shall no- mental capacity before the Committee, or Chairman. tify the Ranking Minority Member of any any of its subcommittees as the case may be, (2) If at least three Committee Members decision, pursuant to Clause 3(b)(3) or Clause shall to the greatest extent practicable, sub- desire that a special meeting of the Com- 4(b) of Rule VII of the Rules of the House, to mit a written statement including a cur- mittee be called by the Chairman, those withhold a record otherwise available, and riculum vitae and a disclosure of the amount Members may file in the Committee Offices the matter shall be presented to the Com- and source (by agency and program) of any a written request to the Chairman for that mittee for a determination upon the written Federal grant (or subgrant thereof) or con- special meeting. Such request shall specify request of any Member of the Committee. tract (or subcontract thereof) received dur- the measure or matter to be considered. ing the current fiscal year or either of the Upon the filing of the request, the Com- SEC. 5: COMMITTEE AND SUBCOMMITTEE HEARINGS two previous fiscal years by the witness or mittee Clerk shall notify the Chairman. by an entity represented by the witness. (3) If within three calendar days after the 21(a) Overall Budget Hearings—Overall (c) Quorum for Taking Testimony—The filing of the request, the Chairman does not budget hearings by the Committee, including number of Members of the Committee which call the requested special meeting to be held the hearing required by Section 242(c) of the shall constitute a quorum for taking testi- within seven calendar days after the filing of Legislative Reorganization Act of 1970 and mony and receiving evidence in any hearing the request, a majority of the Committee Clause 4(a)(1) of Rule X of the Rules of the of the Committee shall be two. Members may file in the Committee Offices House of Representatives shall be conducted (d) Calling and Interrogation of Witnesses: their written notice that a special meeting in open session except when the Committee (1) The Minority Members of the Com- will be held, specifying the date and hour of in open session and with a majority present, mittee or its subcommittees shall be enti- such meeting, and the measure or matter to determines by roll call vote that the testi- tled, upon request to the Chairman or sub- be considered. The Committee shall meet on mony to be taken at that hearing on that committee chairman, by a majority of them that date and hour. day may be related to a matter of national before completion of any hearing, to call (4) Immediately upon the filing of the no- security; except that the Committee may be witnesses selected by the Minority to testify tice, the Committee Clerk shall notify all the same procedure close one subsequent day with respect to the matter under consider- Committee Members that such special meet- of hearing. A transcript of all such hearings ation during at least one day of hearings ing will be held and inform them of its date shall be printed and a copy furnished to each thereon. and hour and the measure or matter to be Member, Delegate, and the Resident Com- (2) The Committee and its subcommittees considered. Only the measure or matter spec- missioner from Puerto Rico. shall observe the five-minute rule during the ified in that notice may be considered at the (b) Other Hearings: interrogation of witnesses until such time as special meeting. (1) All other hearings conducted by the each Member of the Committee or sub- (c) Vice Chairman To Preside in Absence of Committee or its subcommittees shall be committee who so desires has had an oppor- Chairman, member of the majority party on open to the public except when the Com- tunity to question the witness. the Committee or subcommittee thereof des- mittee or subcommittee in open session and (e) Broadcasting and Photographing of ignated by the Chairman of the full Com- with a majority present determines by roll Committee Meetings and Hearings—When- mittee shall be vice chairman of the Com- call vote that all or part of the remainder of ever a hearing or meeting conducted by the mittee or subcommittee, as the case may be, that hearing on that day shall be closed to full Committee or any of its subcommittees and shall preside at any meeting during the the public because disclosure of testimony, is open to the public, those proceedings shall temporary absence of the chairman. If the evidence, or other matters to be considered be open to coverage by television, radio, and chairman and vice chairman of the Com- would endanger the national security or still photography, as provided in Clause (4)(f) mittee or subcommittee are not present at would violate any law or Rule of the House of Rule XI of the Rules of the House of Rep- any meeting of the Committee or sub- of Representatives. Notwithstanding the re- resentatives. Neither the full Committee committee, the ranking member of the ma- quirements of the preceding sentence, a ma- Chairman or Subcommittee Chairman shall jority party who is present shall preside at jority of those present at a hearing con- limit the number of television or still cam- that meeting. ducted by the Committee or any of its sub- eras to fewer than two representatives from (d) Business Meetings: committees, there being in attendance the each medium. (1) Each meeting for the transaction of number required under Section 5(c) of these (f) Subcommittee Meetings—No sub- business, including the markup of legisla- Rules to be present for the purpose of taking committee shall sit while the House is read- tion, of the Committee and its subcommit- testimony, (1) may vote to close the hearing ing an appropriation measure for amendment tees shall be open to the public except when for the sole purpose of discussing whether under the five-minute rule or while the Com- the Committee or its subcommittees, in open testimony or evidence to be received would mittee is in session. session and with a majority present, deter- endanger the national security or violate (g) Public Notice of Committee Hearings— mines by roll call vote that all or part of the Clause 2(k)(5) of Rule XI of the Rules of the The Chairman of the Committee shall make remainder of the meeting on that day shall House of Representatives or (2) may vote to public announcement of the date, place, and be closed. close the hearing, as provided in Clause 2 subject matter of any Committee or sub- (2) No person other than Committee Mem- (k)(5) of such Rule. No Member of the House committee hearing at least one week before bers and such congressional staff and depart- of Representatives may be excluded from the commencement of the hearing. If the mental representatives as they may author- nonparticipatory attendance at any hearing Chairman of the Committee or sub- ize shall be present at any business or mark- of the Committee or its subcommittees un- committee, with the concurrence of the up session which has been closed. less the House of Representatives shall by ranking minority member of the Committee (e) Committee Records: majority vote authorize the Committee or or respective subcommittee, determines (1) The Committee shall keep a complete any of its subcommittees, for purposes of a there is good cause to begin the hearing record of all Committee action, including a particular series of hearings on a particular sooner, or if the Committee or subcommittee record of the votes on any question on which article of legislation or on a particular sub- so determines by majority vote, a quorum a roll call is demanded. The result of each ject of investigation, to close its hearings to being present for the transaction of business, roll call vote shall be available for inspec- Members by the same procedures designated the Chairman or subcommittee chairman tion by the public during regular business in this subsection for closing hearings to the shall make the announcement at the earliest hours in the Committee Offices. The infor- public; Provided, however, That the Com- possible date. Any announcement made mation made available for public inspection mittee or its subcommittees may by the under this subparagraph shall be promptly

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.065 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H367 published in the Daily Digest and promptly Member gives notice of intention to file sup- examinations of the organization and oper- entered into the Committee scheduling serv- plemental, minority, or additional views, the ation of Executive Agencies under authority ice of the House Information Systems. Member shall be entitled to not less than contained in Section 202 (b) of the Legisla- SEC. 6: PROCEDURES FOR REPORTING BILLS AND two additional calendar days after the day of tive Reorganization Act of 1946 and in Clause RESOLUTIONS such notice (excluding Saturdays, Sundays, (3)(a) of Rule X of the Rules of the House of and legal holidays) in which to file such Representatives: (a) Prompt Reporting Requirement: views in writing and signed by the Member, (a) The Chairman is authorized to appoint (1) It shall be the duty of the Chairman to with the Clerk of the Committee. All such such staff and, in his discretion, arrange for report, or cause to be reported promptly to views so filed shall be included in and shall the procurement of temporary services of the House any bill or resolution approved by be a part of the report filed by the Com- consultants, as from time to time may be re- the Committee and to take or cause to be mittee with respect to that measure or mat- quired. taken necessary steps to bring the matter to ter. (b) Studies and examinations will be initi- a vote. (2) The Committee report on that measure ated upon the written request of a sub- (2) In any event, a report on a bill or reso- or matter shall be printed in a single volume committee which shall be reasonably specific lution which the Committee has approved which— and definite in character, and shall be initi- shall be filed within seven calendar days (ex- (i) shall include all supplemental, minor- ated only by a majority vote of the sub- clusive of days in which the House is not in ity, or additional views which have been sub- committee, with the chairman of the sub- session) after the day on which there has mitted by the time of the filing of the report, committee and the ranking minority mem- been filed with the Committee Clerk a writ- and ber thereof participating as part of such ma- ten request, signed by a majority of Com- (ii) shall have on its cover a recital that jority vote. When so initiated such request mittee Members, for the reporting of such any such supplemental, minority, or addi- shall be filed with the Clerk of the Com- bill or resolution. Upon the filing of any such tional views are included as part of the re- mittee for submission to the Chairman and request, the Committee Clerk shall notify port. the Ranking Minority Member and their ap- the Chairman immediately of the filing of (3) Subsection (i)(1) of this section, above, proval shall be required to make the same ef- the request. This subsection does not apply does not preclude— fective. Notwithstanding any action taken to the reporting of a regular appropriation (i) the immediate filing or printing of a on such request by the chairman and rank- bill or to the reporting of a resolution of in- Committee report unless timely request for ing minority member of the subcommittee, a quiry addressed to the head of an executive the opportunity to file supplemental, minor- request may be approved by a majority of department. ity, or additional views has been made as the Committee. (b) Presence of Committee Majority—No provided by such subsection; or (c) Any request approved as provided under measure or recommendation shall be re- (ii) the filing by the committee of a supple- subsection (b) shall be immediately turned ported from the Committee unless a major- mental report on a measure or matter which over to the staff appointed for action. ity of the Committee was actually present. may be required for correction of any tech- (d) Any information obtained by such staff (c) Roll Call Votes—With respect to each nical error in a previous report made by the shall be reported to the chairman of the sub- roll call vote on a motion to report any Committee on that measure or matter. committee requesting such study and exam- (4) If, at the time a subcommittee approves measure of matter of a public character, and ination and to the Chairman and Ranking any measure or matter for recommendation on any amendment offered to the measure or Minority Member, shall be made available to to the full Committee, any Member of that matter, the total number of votes cast for the members of the subcommittee con- subcommittee who gives notice of intention and against, and the names of those Mem- cerned, and shall not be released for publica- to offer supplemental, minority, or addi- bers voting for and against, shall be included tion until the subcommittee so determines. tional views shall be entitled, insofar as is in the Committee report on the measure or (e) Any hearings or investigations which practicable and in accordance with the print- matter. may be desired, aside from the regular hear- ing requirements as determined by the sub- (d) Compliance With Congressional Budget ings on appropriation items, when approved committee, to include such views in the Act—A Committee report on a bill or resolu- by the Committee, shall be conducted by the Committee Print with respect to that meas- subcommittee having jurisdiction over the tion which has been approved by the Com- ure or matter. mittee shall include the statement required (j) Availability of Reports—A copy of each matter. by Section 308(a) of the Congressional Budg- bill, resolution, or report shall be made SEC. 9: OFFICIAL TRAVEL et Act of 1974, separately set out and clearly available to each Member of the Committee (a) The chairman of a subcommittee shall identified, if the bill or resolution provides at least three calendar days (excluding Sat- approve requests for travel by subcommittee new budget authority. urdays, Sundays, and legal holidays) in ad- members and staff for official business with- (e) Constitutional Authority Statement— vance of the date on which the Committee is in the jurisdiction of that subcommittee. Each report of the committee on a bill or to consider each bill, resolution, or report; The ranking minority member of a sub- joint resolution of a public character shall Provided, That this subsection may be committee shall concur in such travel re- include a statement citing the specific pow- waived by agreement between the Chairman quests by minority members of that sub- ers granted to the Congress in the Constitu- and the Ranking Minority Member of the committee and the Ranking Minority Mem- tion to enact the law proposed by the bill or full Committee. ber shall concur in such travel requests for joint resolution. (k) Performance Goals and Objectives— Minority Members of the Committee. Re- (f) Changes in Existing Law—Each Com- Each Committee report shall contain a quests in writing covering the purpose, mittee report on a general appropriation bill statement of general performance goals and itinerary, and dates of proposed travel shall shall contain a concise statement describing objectives, including outcome-related goals be submitted for final approval to the Chair- fully the effect of any provision of the bill and objectives, for which the measure au- man. Specific approval shall be required for which directly or indirectly changes the ap- thorizes funding. each and every trip. plication of existing law. SEC. 7: VOTING (b) The Chairman is authorized during the (g) Rescissions and Transfers—Each bill or (a) No vote by any Member of the Com- recess of the Congress to approve travel au- resolution reported by the Committee shall mittee or any of its subcommittees with re- thorizations for Committee Members and include separate headings for rescissions and spect to any measure or matter may be cast staff, including travel outside the United transfers of unexpended balances with all by proxy. States. proposed rescissions and transfers listed (b) The vote on any question before the (c) As soon as practicable, the Chairman therein. The report of the Committee accom- Committee shall be taken by the yeas and shall direct the head of each Government panying such a bill or resolution shall in- nays on the demand of one-fifth of the Mem- agency concerned not to honor requests of clude a separate section with respect to such bers present. subcommittee, individual Members, or staff rescissions or transfers. (c) The Chairman of the Committee and for travel, the direct or indirect expenses of (h) Listing of Unauthorized Appropria- any of its subcommittees may— which are to be defrayed from an executive tions—Each Committee report on a general (1) postpone further proceedings when a appropriation, except upon request from the appropriations bill shall contain a list of all record vote is ordered on the question of ap- Chairman. appropriations contained in the bill for any proving a measure or matter or on adopting (d) In accordance with Clause 8 of Rule X expenditure not previously authorized by law an amendment; of the Rules of the House of Representatives (except for classified intelligence or national (2) resume proceedings on a postponed and Section 502 (b) of the Mutual Security security programs, projects, or activities) question at any time after reasonable notice. Act of 1954, as amended, local currencies along with a statement of the last year for When proceedings resume on a postponed owned by the United States shall be avail- which such expenditures were authorized, question, notwithstanding any intervening able to Committee Members and staff en- the level of expenditures authorized for that order for the previous question, an under- gaged in carrying out their official duties year, the actual level of expenditures for lying proposition shall remain subject to fur- outside the United States, its territories, or that year, and the level of appropriations in ther debate or amendment to the same ex- possessions. No Committee Member or staff the bill for such expenditures. tent as when the question was postponed. member shall receive or expend local cur- (i) Supplemental or Minority Views: SEC. 8: STUDIES AND EXAMINATIONS rencies for subsistence in any country at a (1) If, at the time the Committee approves The following procedure shall be applicable rate in excess of the maximum per diem rate any measure or matter, any Committee with respect to the conduct of studies and set forth in applicable Federal law.

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.069 H11PT1 H368 CONGRESSIONAL RECORD — HOUSE February 11, 2003 (e) Travel Reports: give written notice to that effect to each appropriate matters on a tentative basis, (1) Members or staff shall make a report to member of the committee as far in advance with the document before the committee the Chairman on their travel, covering the of the regular meeting day as the cir- open to amendment. Subsequent amend- purpose, results, itinerary, expenses, and cumstances permit. ments may be offered to aggregates, func- other pertinent comments. (c) Regular meetings shall be canceled tional categories, or other appropriate mat- (2) With respect to travel outside the when they conflict with meetings of either ters, which have already been amended in United States or its territories or posses- party’s caucus or conference. their entirety. sions, the report shall include: (1) an Rule 3—Additional and special meetings (c) Following adoption of the aggregates, itemized list showing the dates each country functional categories, and other matters, the (a) The Chairman may call and convene ad- was visited, the amount of per diem fur- text of a concurrent resolution on the budget ditional meetings of the committee as the nished, the cost of transportation furnished, incorporating such aggregates, functional Chairman considers necessary, or special categories, and other appropriate matters and any funds expended for any other official meetings at the request of a majority of the shall be considered for amendment and a purpose; and (2) a summary in these cat- members of the committee in accordance final vote. egories of the total foreign currencies and/or with House Rule XI, clause 2(c). appropriated funds expended. All such indi- (b) In the absence of exceptional cir- Rule 10—Roll call votes vidual reports on foreign travel shall be filed cumstances, the Chairman shall provide A roll call of the members may be had with the Chairman no later than sixty days written notice of additional meetings to the upon the request of at least one-fifth of those following completion of the travel for use in office of each member at least 24 hours in ad- present. In the apparent absence of a complying with reporting requirements in vance while Congress is in session, and at quorum, a roll call may be had on the re- applicable Federal law, and shall be open for least three days in advance when Congress is quest of any member. public inspection. not in session. HEARINGS (3) Each Member or employee performing such travel shall be solely responsible for Rule 4—Open business meetings Fule 11—Announcement of hearings supporting the amounts reported by the (a) Each meeting for the transaction of The Chairman shall make a public an- Member or employee. committee business, including the markup of nouncement of the date, place, and subject (4) No report or statement as to any trip measures, shall be open to the public except matter of any committee hearing at least 1 shall be publicized making any recommenda- when the committee, in open session and week before the hearing, beginning with the tions in behalf of the Committee without the with a quorum present, determines by roll day in which the announcement is made and authorization of a majority of the Com- call vote that all or part of the remainder of ending the day preceding the scheduled hear- mittee. the meeting on that day shall be closed to ing unless the Chairman, with the concur- (f) Members and staff of the Committee the public in accordance with House Rule XI, rence of the Ranking Minority Member, or performing authorized travel on official busi- clause 2(g)(1). the committee by majority vote with a ness pertaining to the jurisdiction of the (b) No person other than members of the quorum present for the transaction of busi- Committee shall be governed by applicable committee and such congressional staff and ness, determines there is good cause to begin laws or regulations of the House and of the departmental representatives as the com- the hearing sooner, in which case the Chair- Committee on House Administration per- mittee may authorize shall be present at any man shall make the announcement at the taining to such travel, and as promulgated business or markup session which has been earliest possible date. from time to time by the Chairman. closed to the public. Rule 12—Open hearings f Rule 5—Quorums (a) Each hearing conducted by the com- The SPEAKER pro tempore. Under a A majority of the committee shall con- mittee or any of its task forces shall be open to the public except when the committee or previous order of the House, the gen- stitute a quorum. No business shall be trans- acted and no measure or recommendation task force, in open session and with a tleman from New York (Mr. HINCHEY) shall be reported unless a quorum is actually quorum present, determines by roll call vote is recognized for 5 minutes. present. that all or part of the remainder of that (Mr. HINCHEY addressed the House. Rule 6—Recognition hearing on that day shall be closed to the His remarks will appear hereafter in public because disclosure of testimony, evi- Any member, when recognized by the the Extensions of Remarks.) dence, or other matters to be considered Chairman, may address the committee on would endanger the national security, or f any bill, motion, or other matter under con- would compromise sensitive law enforcement sideration before the committee. The time of information, or would tend to defame, de- PUBLICATION OF THE RULES OF such member shall be limited to five minutes THE COMMITTEE ON THE BUDG- grade, or incriminate any person, or would until all members present have been afforded violate any law or rule of the House of Rep- ET, 108TH CONGRESS an opportunity to comment. resentatives. The committee or task forces The SPEAKER pro tempore. Under a Rule 7—Consideration of business may be the same procedure vote to close one previous order of the House, the gen- Measures or matters may be placed before subsequent day of hearing. (b) For the purposes of House Rule XI, tleman from Iowa (Mr. NUSSLE) is rec- the committee, for its consideration, by the clause 2(g)(2), the task forces of the com- ognized for 5 minutes. Chairman or by a majority vote of the mem- bers of the committee, a quorum being mittee are considered to be subcommittees. Mr. NUSSLE. Mr. Speaker, pursuant to Rule present. Rule 13—Quorums XI, Clause 2 of the Rules of the House of Rule 8—Availability of legislation For the purpose of hearing testimony, not Representatives, I respectfully submit the rules less than two members of the committee of the Committee on the Budget for the 108th The committee shall consider no bill, joint resolution, or concurrent resolution unless shall constitute a quorum. Congress for publication in the CONGRES- copies of the measure have been made avail- Rule 14—Questioning witnesses SIONAL RECORD. able to all committee members at least four (a) Questioning of witnesses will be con- RULES OF THE COMMITTEE ON THE BUDGET hours prior to the time at which such meas- ducted under the five-minute rule unless the UNITED STATES HOUSE OF REPRESENTA- ure is to be considered. When considering committee adopts a motion pursuant to TIVES, 108TH CONGRESS—ADOPTED FEB- concurrent resolutions on the budget, this House Rule XI clause 2(j). RUARY 4, 2003 requirement shall be satisfied by making (b) In questioning witnesses under the 5- GENERAL APPLICABILITY available copies of the complete Chairman’s minute rule, the Chairman and the Ranking mark (or such material as will provide the Rule 1—Applicability of House Rules Minority Member may be recognized first, basis for committee consideration). The pro- after which members may be recognized in Except as otherwise specified herein, the vision of this rule may be suspended with the the order of their arrival at the hearing. Rules of the House are the rules of the com- concurrence of the Chairman and Ranking Among the members present at the time the mittee so far as applicable, except that a mo- Minority Member. hearing is called to order, seniority shall be tion to recess from day to day is a motion of Rule 9—Procedure for consideration of budget recognized. In recognizing members to ques- high privilege. resolution tion witnesses, the Chairman may take into MEETINGS (a) It shall be the policy of the committee consideration the ratio of majority members Rule 2—Regular meetings that the starting point for any deliberations to minority members and the number of ma- (a) The regular meeting day of the com- on a concurrent resolution on the budget jority and minority members present and mittee shall be the second Wednesday of should be the estimated or actual levels for shall apportion the recognition for ques- each month at 11 a.m., while the House is in the fiscal year preceding the budget year. tioning in such a manner as not to disadvan- session. (b) In the consideration of a concurrent tage the members of the majority. (b) The Chairman is authorized to dispense resolution on the budget, the committee Rule 15—Subpoenas and oaths with a regular meeting when the Chairman shall first proceed, unless otherwise deter- (a) In accordance with House Rule XI, determines there is no business to be consid- mined by the committee, to consider budget clause 2(m) subpoenas authorized by a major- ered by the committee. The Chairman shall aggregates, functional categories, and other ity of the committee may be issued over the

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.072 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H369 signature of the Chairman or of any member any question on which a record vote is de- suant to section (a) without the concurrence of the committee designated by him, and manded. of the Ranking Minority Member or by a ma- may be served by any person designated by (c) Members of the committee shall correct jority vote of the committee. the Chairman or such member. and return transcripts of hearings as soon as (c) Notwithstanding any other rule of the (b) The Chairman, or any member of the practicable after receipt thereof, except that committee, either or both subsections (a) committee designated by the Chairman, may any changes shall be limited to technical, and (b) may be waived by the Chairman or administer oaths to witnesses. grammatical, and typographical corrections. with a majority vote by the committee. Rule 16—Witnesses’ statements (d) Any witness may examine the tran- Rule 25—Report on the budget resolution script of his own testimony and make gram- (a) So far as practicable, any prepared The report of the committee to accompany matical, technical, and typographical correc- statement to be presented by a witness shall a concurrent resolution on the budget shall tions. be submitted to the committee at least 24 include a comparison of the estimated or ac- (e) The Chairman may order the printing tual levels for the year preceding the budget hours in advance of presentation, and shall of a hearing record without the corrections be distributed to all members of the com- year with the proposed spending and revenue of any member or witness if he determines levels for the budget year and each out year mittee in advance of presentation. that such member or witness has been af- (b) To the greatest extent possible, each along with the appropriate percentage in- forded a reasonable time for correction, and witness appearing in a nongovernmental ca- crease or decrease for each budget function that further delay would seriously impeded pacity shall include with the written state- and aggregate. The report shall include any the committee’s responsibility for meeting ment of proposed testimony a curriculum roll call vote on any motion to amend or re- its deadlines under the Congressional Budget vitae and a disclosure of the amount and port any measure. Act of 1974. source (by agency and program) of any Fed- (f) Transcripts of hearings and meetings Rule 26—Parliamentarian’s Status Report and eral grant (or sub-grant thereof) or contract may be printed if the Chairman decides it is Section 302 Status Report (or subcontract thereof) received during the appropriate, or if a majority of the members (a)(1) In order to carry out its duty under current fiscal year or either of the two pre- so request. sections 311 and 312 of the Congressional ceding fiscal years. Rule 22—Access to committee records Budget Act to advise the House of Represent- PRINTS AND PUBLICATIONS atives as to the current level of spending and (a)(1) The Chairman shall promulgate regu- Rule 17—Committee prints revenues as compared to the levels set forth lations to provide for public inspection of in the latest agreed-upon concurrent resolu- All committee prints and other materials roll call votes and to provide access by mem- tion on the budget, the committee shall ad- prepared for public distribution shall be ap- bers to committee records (in accordance vise the Speaker on at least a monthly basis proved by the committee prior to any dis- with House Rule XI, clause 2(e)). when the House is in session as to its esti- tribution, unless such print or other mate- (2) Access to classified testimony and in- mate of the current level of spending and rial shows clearly on its face that it has not formation shall be limited to Members of revenue. Such estimates shall be prepared by been approved by the committee. Congress and to House Budget Committee the staff of the committee, transmitted to staff and staff of the Office of Official Re- Rule 18—Committee publications on the Internet the Speaker in the form of a Parliamentar- porters who have appropriate security clear- To the maximum extent feasible, the com- ian’s Status Report, and printed in the Con- ance. mittee shall make its publications available gressional Record. in electronic form. (3) Notice of the receipt of such informa- (2) The committee authorizes the Chair- tion shall be sent to the committee mem- man, in consultation with the Ranking Mi- STAFF bers. Such information shall be kept in the Rule 19—Committee staff nority Member, to transmit to the Speaker committee safe, and shall be available to the Parliamentarian’s Status Report de- (a) Subject to approval by the committee, members in the committee office. scribed above. and to the provisions of the following para- (b) The records of the committee at the (b)(1) In order to carry out its duty under graphs, the professional and clerical staff of National Archives and Records Administra- sections 302 and 312 of the Congressional the committee shall be appointed, and may tion shall be made available for public use in Budget Act to advise the House of Represent- be removed, by the Chairman. accordance with Rule VII of the rules of the atives as to the current level of spending (b) Committee staff shall not be assigned House of Representatives. The Chairman within the jurisdiction of committees as any duties other than those pertaining to shall notify the Ranking Minority Member compared to the appropriate allocations committee business, and shall be selected of any decision, pursuant to clause 3(b)(3) or made pursuant to the Budget Act in con- without regard to race, creed, sex, or age, clause 4(b) of the rule, to withhold a record formity with the latest agreed-upon concur- and solely on the basis of fitness to perform otherwise available, and the matter shall be rent resolution on the budget, the committee the duties of their respective positions. presented to the committee for a determina- shall, as necessary, advise the Speaker as to (c) All committee staff shall be entitled to tion on the written request of any member of its estimate of the current level of spending equitable treatment, including comparable the committee. within the jurisdiction of appropriate com- salaries, facilities, access to official com- OVERSIGHT mittees. Such estimates shall be prepared by mittee records, leave, and hours of work. Rule 23—General oversight the staff of the committee and transmitted (d) Notwithstanding paragraphs a, b, and c, to the Speaker in the form of a Section 302 staff shall be employed in compliance with (a) The committee shall review and study, on a continuing basis, the application, ad- Status Report. House rules, the Employment and Account- (2) The committee authorizes the Chair- ability Act, the Fair Labor Standards Act of ministration, execution, and effectiveness of those laws, or parts of laws, the subject of man, in consultation with the Ranking Mi- 1938, and any other applicable Federal stat- nority Member, to transmit to the Speaker utes. which is within its jurisdiction. (b) The committee is authorized at any the Section 302 Status Report described Rule 20—Staff supervision time to conduct such investigations and above. (a) Staff shall be under the general super- studies as it may consider necessary or ap- Rule 27—Activity report vision and direction of the Chairman, who propriate in the exercise of its responsibil- After an adjournment of the last regular shall establish and assign their duties and ities under clause (1)(d) of Rule X of the session of a Congress sine die, the Chair of responsibilities, delegate such authority as Rules of the House, and, subject to the adop- the committee may file any time with the he deems appropriate, fix and adjust staff tion of expense resolutions as required by Clerk the committee’s activity report for salaries (in accordance with House rule X, clause 6 of Rule X, to incur expenses (includ- that Congress pursuant to clause (1)(d)(1) of clause ((c)) and job titles, and, at his discre- ing travel expenses) in connection therewith. rule XI of the Rules of the House without the tion, arrange for their specialized training. (c) Not later than February 15 of the first approval of the committee, if a copy of the (b0 Staff assigned to the minority shall be session of a Congress, the committee shall report has been available to each member of under the general supervision and direction meet in open session, with a quorum present, the committee for at least seven calendar of the minority members of the committee, to adopt its oversight plans for that Con- days and the report includes any supple- who may delegate such authority, as they gress for submission to the Committee on mental, minority, or additional views sub- deem appropriate. House Administration and the Committee on mitted by a member of the committee. RECORDS Government Reform in accordance with the MISCELLANEOUS provisions of clause (2)(d) of House Rule X. Rule 21—Preparation and maintenance of com- Rule 28—Broadcasting of meetings and hearings REPORTS mittee records (a) It shall be the policy of the committee (a) A substantially verbatim account of re- Rule 24—Availability before filing to give all news media access to open hear- marks actually made during the proceedings (a) Any report accompanying any bill or ings of the committee, subject to the re- shall be made of all hearings and business resolution ordered reported to the House by quirements and limitations set forth in meetings subject only to technical, gram- the committee shall be available to all com- House Rule XI, clause 4. matical, and typographical corrections. mittee members at least 36 hours prior to fil- (b) Whenever any committee business (b) The proceedings of the committee shall ing with the House. meeting is open to the public, that meeting be recorded in a journal, which shall among (b) No material change shall be made in may be covered, in whole or in part, by tele- other things, include a record of the votes on any report made available to members pur- vision broadcast, radio broadcast, or by any

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.060 H11PT1 H370 CONGRESSIONAL RECORD — HOUSE February 11, 2003 of such methods of coverage, in accordance questions regarding the future of the I would like to cite for the record with House Rule XI, clause 4. Varela project, Varela’s organizer what others are saying about Mr. Rule 29—Appointment of conferees Oswaldo Paya said only, ‘‘Our Varela Estrada. The American Bar Associa- (a) Majority party members recommended Project continues. It’s a campaign to tion rates Estrada as ‘‘well qualified.’’ to the Speaker as conferees shall be rec- inform the Cuban people and we will Ron Klain, former counsel to Vice ommended by the Chairman subject to the continue until all Cubans achieve their President Gore had this to say: ‘‘I have approval of the majority party members of the committee. rights.’’ I want to commend those in- no doubt that on the bench Miguel will (b) The Chairman shall recommend such volved in Project Varela, that they faithfully apply the precedence of his minority party members as conferees as continue for a long time. court and the Supreme Court without shall be determined by the minority party; f regard, without regard,’’ without re- the recommended party representation shall gard, ‘‘to his personal views or his po- SUPPORTING NOMINATION OF be in approximately the same proportion as litical perspectives. His belief in the that in the committee. MIGUEL ESTRADA rule of law, in a limited judiciary, and Rule 30—Waivers The SPEAKER pro tempore. Under a in the separation of powers is too When a reported bill or joint resolution, previous order of the House, the gen- strong for him to act otherwise.’’ conference report, or anticipated floor tleman from Colorado (Mr. BEAUPREZ) amendment violates any provision of the Lastly, Mr. Speaker, here is what Congressional Budget Act of 1974, the Chair- is recognized for 5 minutes. Raphael Santiago, national president man may, if practical, consult with the com- Mr. BEAUPREZ. Mr. Speaker, like of the Hispanic National Bar Associa- mittee members on whether the Chairman many Members of this Chamber, I have tion had to say: ‘‘Mr. Estrada’s distin- should recommend, in writing, that the Com- often spoken with fond affection of my guished and impressive career illus- mittee on Rules report a special rule that en- grandfather, a gentleman who came to trates the promise and opportunity forces the Act by not waiving the applicable the United States as an immigrant that America offers to all immigrants, points of order during the consideration of from Belgium. He did not speak the such measure. especially Hispanic immigrants . . . language. He spoke Flemish. In spite of Mr. Estrada’s confirmation will break f his limitations, not only did he not new ground for Hispanics in the judici- UPDATE ON CUBA’S PROJECT speak English, he basically had no for- ary. The time has come to move on Mr. VARELA mal education, he embraced this coun- Estrada’s nomination.’’ The SPEAKER pro tempore. Under a try and he embraced what we all call Mr. Speaker, I second those com- previous order of the House, the gen- the American dream. I am very, very ments and look forward to the day that tleman from New Jersey (Mr. PALLONE) grateful to that immigrant from Bel- Miguel Estrada is a member of the Fed- is recognized for 5 minutes. gium, my grandfather, for clinging to eral bench of the U.S. Court of Appeals Mr. PALLONE. Mr. Speaker, in May that dream, fostering that dream, in- representing the District of Columbia. of 2002, over 11,000 Cuban citizens took stilling that dream in me and many f other of my family members and peo- a courageous stand and petitioned the SUPPORTING THE NOMINATION OF Cuban National Assembly to hold a na- ple he came in contact with over his MIGUEL ESTRADA tionwide referendum vote on guaran- extended life. The SPEAKER pro tempore (Mr. tees of human rights and civil liberties. b 1930 Named for the 19th century priest and MURPHY). Under a previous order of the Cuban independence hero, Padre Felix It is what America is all about. I rise House, the gentleman from Florida Varela, the Varela Project was the tonight to talk about someone who in- (Mr. MARIO DIAZ-BALART) is recognized first-ever peaceful challenge to Cas- stills those same values, those same for 5 minutes. tro’s four-decade-long control of the is- characteristics, that same American Mr. MARIO DIAZ-BALART of Flor- land. dream: Mr. Miguel Estrada. ida. Mr. Speaker, I also stand to sup- With its 11,000-plus signatures, the Mr. Estrada came to the United port the nomination of Mr. Miguel project qualified under article 88 of the States of America as a teenager from Estrada. We just heard his incredible Cuban constitution, which states that Honduras. He did not speak our lan- qualifications as a lawyer, a person if the Cuban National Assembly re- guage. In spite of that, shortly there- who has lived the American dream, ceives the verified signatures of 10,000 after Mr. Estrada found himself grad- who came to this country as a teenager legal voters, a referendum on the issue uating Phi Beta Kappa from Columbia barely speaking a word of English but should be scheduled. Varela was the College in New York, later from Har- through his work, his hard work, his first-ever attempt to try and work vard Law School where he was also edi- dedication, bettered himself to become within the system to bring about tor of the Harvard Law Review. As this a highly respected attorney in society. change in Cuba. Chamber knows full well, Mr. Estrada Mr. Speaker, some of those now ob- Not surprisingly, Mr. Speaker, in- has been nominated to serve on the jecting to his confirmation have not stead of allowing his parliament to United States Court of Appeals for the been able to find one good reason in consider Project Varela, Fidel Castro District of Columbia. Mr. Estrada is over a year that this process has taken introduced his own so-called ‘‘ref- currently serving as a partner in a place, one good reason why Mr. Estrada erendum’’ that would stop future con- prestigious Washington, D.C. law firm. should not be on the bench, and yet we sideration of Project Varela and any He is very accomplished. He has for- have heard a number of discussions other democratic reform efforts. Then, merly served as assistant United d’jour about why Mr. Estrada should late last month, a Cuban legislative States Solicitor General during the not be there. I want to mention some committee threw out the project, offi- Bush and Clinton administrations from of those, Mr. Speaker, that I think are cially putting an end to Varela’s hopes 1992 to 1997, assistant U.S. Attorney rather, frankly, amusing if I may say. for peaceful reform. and deputy chief of the appellate sec- Some have actually said that Miguel Despite this, Mr. Speaker, the project tion for the U.S. Attorney’s Office for Estrada has never served as a judge be- is far from over. The true aim of the the Southern District of the State of fore; therefore, he is not qualified to project was not to win political sup- New York. Mr. Estrada argued 15 cases hold this position in this prestigious port, but to bring hope to the Cuban before the United States Supreme court. But, Mr. Speaker, five out of the people that peaceable change is pos- Court, both criminal and civil. He tried eight judges in that same court where sible. Oswaldo Paya and Varela’s other ten cases as a prosecutor and argued Mr. Estrada has been nominated by organizers have worked to educate the seven cases before the U.S. Court of this President also never had judicial Cuban people citizen by citizen and Appeals for the second circuit as assist- experience in the past. Why was it bring the struggles of the Cuban people ant U.S. Attorney, again for the South- okay for them to not have that experi- to the world stage. It is my hope that ern District of the State of New York. ence and why is it not okay for this many of my colleagues will support Mr. Estrada’s credentials and achieve- Hispanic brilliant attorney, why does this project and it will continue. ment as a jurist are almost unprece- he have to have experience that the Mr. Speaker, I would like to conclude dented, certainly well qualified for the other five did not have, Mr. Speaker? I with one final note. In response to Federal bench. do not know. It begs the question.

VerDate Jan 31 2003 04:37 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.063 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H371 Mr. Speaker, some people that I ad- (b) The Chairman may call and convene, as shall be equal for the majority party and the mire and care for greatly who were he considers necessary, additional meetings minority party and may not exceed one hour born in the United States of Hispanic of the committee for the consideration of in the aggregate. origin like I was have actually said any bill or resolution pending before the RULE 3. RECORDS & ROLLCALLS committee or for the conduct of other com- (a) Written records shall be kept of the publicly that one of the reasons that mittee business. The committee shall meet proceedings of the committee and of each Mr. Estrada should not be a judge is be- for such purposes pursuant to that call of the subcommittee, including a record of the cause he is not Hispanic enough or ‘‘he Chairman. votes on any question on which a rollcall is (c) If at least three members of the com- is Hispanic by name only.’’ Some of the demanded. The result of each such rollcall mittee desire that a special meeting of the people who are saying that, again like vote shall be made available by the com- committee be called by the Chairman, those I am were born here in the United mittee or subcommittee for inspection by members may file in the offices of the com- States and frankly are just not all that the public at reasonable times in the offices mittee their written request to the Chair- fluent in Spanish, and they say that of the committee or subcommittee. Informa- man for that special meeting. Immediately tion so available for public inspection shall Mr. Estrada, who got here when he was upon the filing of the request, the staff direc- include a description of the amendment, mo- 17 years old, barely speaking English, tor of the committee shall notify the Chair- tion, order, or other proposition and the is not Hispanic enough, is Hispanic by man of the filing of the request. If, within name of each member voting for and each three calendar days after the filing of the re- name only? Mr. Speaker, I find that to member voting against such amendment, quest, the Chairman does not call the re- be frankly offensive, personally offen- motion, order, or proposition, and the names quested special meeting to be held within sive. I have no problem that people of those members present but not voting. A seven calendar days after the filing of the re- would object if they find something ob- record vote may be demanded by one-fifth of quest, a majority of the members of the com- jectionable in Mr. Estrada’s record, but the members present or, in the apparent ab- mittee may file in the offices of the com- sence of a quorum, by any one member. they have been able to find nothing, mittee their written notice that a special (b) In accordance with Rule VII of the not one iota of evidence, nothing that meeting of the committee will be held, speci- Rules of the House of Representatives, any should disqualify this young brilliant fying the date and hour thereof, and the official permanent record of the committee measure or matter to be considered at that attorney, Mr. Speaker. (including any record of a legislative, over- special meeting. The committee shall meet I support Mr. Estrada because it sight, or other activity of the committee or on that date and hour. Immediately upon the would be a wonderful thing for the any subcommittee) shall be made available filing of the notice, the staff director of the country. It would be a wonderful thing for public use if such record has been in ex- committee shall notify all members of the for Hispanics. It would be a wonderful istence for 30 years, except that— committee that such meeting will be held thing for diversity. A vote for Mr. (1) any record that the committee (or a and inform them of its date and hour and the subcommittee) makes available for public Estrada is a vote for diversity. And, measure or matter to be considered; and only Mr. Speaker, I hope that we can all use before such record is delivered to the Ar- the measure or matter specified in that no- chivist under clause 2 of Rule VII of the united support the nomination of this tice may be considered at that special meet- Rules of the House of Representatives shall brilliant, young, talented Hispanic. He ing. be made available immediately, including (d) All legislative meetings of the com- deserves it, the people of the United any record described in subsection (a) of this mittee and its subcommittees shall be open States deserve it, and our court system Rule; to the public, including radio, television and (2) any investigative record that contains clearly also deserves to have Miguel still photography coverage. No business personal data relating to a specific living in- Estrada. meeting of the committee, other than regu- dividual (the disclosure of which would be an larly scheduled meetings, may be held with- f unwarranted invasion of personal privacy), out each member being given reasonable no- any administrative record with respect to ANNOUNCEMENT BY THE SPEAKER tice. Such meeting shall be called to order personnel, and any record with respect to a PRO TEMPORE and presided over by the Chairman, or in the hearing closed pursuant to clause 2(g)(2) of absence of the Chairman, by the vice-chair- The SPEAKER pro tempore. The Rule XI of the Rules of the House of Rep- man, or the Chairman’s designee. Chair will remind all Members that it resentatives shall be available if such record (e) The Chairman of the committee or of a is not in order to urge the Senate to has been in existence for 50 years; or subcommittee, as appropriate, shall preside (3) except as otherwise provided by order of take a particular action with regard to at meetings or hearings, or, in the absence of the House, any record of the committee for a presidential nomination. the chairman, the vice-chairman, or the which a time, schedule, or condition for Chairman’s designee shall preside. f availability is specified by order of the com- PUBLICATION OF THE RULES OF RULE 2. QUESTIONING OF WITNESSES mittee (entered during the Congress in which THE COMMITTEE ON EDUCATION (a) Subject to clauses (b) and (c), Com- the record is made or acquired by the com- AND THE WORKFORCE 108TH mittee members may question witnesses mittee) shall be made available in accord- only when they have been recognized by the ance with the order of the committee. CONGRESS Chairman for that purpose, and only for a 5- (c) The official permanent records of the The SPEAKER pro tempore. Under a minute period until all members present committee include noncurrent records of the previous order of the House, the gen- have had an opportunity to question a wit- committee (including subcommittees) deliv- tleman from Ohio, (Mr. BOEHNER) is ness. The questioning of witnesses in both ered by the Clerk of the House of Represent- recognized for 5 minutes. committee and subcommittee hearings shall atives to the Archivist of the United States be initiated by the Chairman, followed by for preservation at the National Archives Mr. BOEHNER. Mr. Speaker, pursuant to the ranking minority party member and all and Records Administration, which are the Rule XI, Clause 2 of the Rules of the House other members alternating between the ma- property of and remain subject to the rules of Representatives, I respectfully submit the jority and minority party in order of the and orders of the House of Representatives. rules for the 108th Congress for the Com- member’s appearance at the hearing. In rec- (d)(1) Any order of the committee with re- mittee on Education and the Workforce for ognizing members to question witnesses in spect to any matter described in paragraph publication in the CONGRESSIONAL RECORD. this fashion, the Chairman shall take into (2) of this subsection shall be adopted only if consideration the ratio of the majority to the notice requirements of committee Rule THE RULES OF THE COMMITTEE ON EDUCATION minority party members present and shall 18(c) have been met, a quorum consisting of AND THE WORKFORCE FOR THE 108TH CONGRESS establish the order of recognition for ques- a majority of the members of the committee RULE 1. REGULAR, ADDITIONAL, & SPECIAL tioning in such a manner as not to place the is present at the time of the vote, and a ma- MEETINGS: VICE-CHAIRMAN members of the majority party in a disad- jority of those present and voting approve (a) Regular meetings of the committee vantageous position. the adoption of the order, which shall be sub- shall be held on the second Wednesday of (b) The Chairman may permit a specified mitted to the Clerk of the House of Rep- each month at 9:30 a.m., while the House is number of members to question a witness for resentatives, together with any accom- in session. When the Chairman believes that longer than five minutes. The time for ex- panying report. the committee will not be considering any tended questioning of a witness under this (2) This subsection applies to any order of bill or resolution before the committee and clause shall be equal for the majority party the committee which— that there is no other business to be trans- and the minority party and may not exceed (A) provides for the non-availability of any acted at a regular meeting, he will give each one hour in the aggregate. record subject to subsection (b) of this rule member of the committee, as far in advance (c) The Chairman may permit committee for a period longer than the period otherwise of the day of the regular meeting as the cir- staff for the majority and the minority party applicable; or cumstances make practicable, a written no- members to question a witness for equal (B) is subsequent to, and constitutes a tice to that effect; and no committee meet- specified periods. The time for extended later order under clause 4(b) of Rule VII of ing shall be held on that day. questioning of a witness under this clause the Rules of the House of Representatives,

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.088 H11PT1 H372 CONGRESSIONAL RECORD — HOUSE February 11, 2003 regarding a determination of the Clerk of the cluding child labor), workers’ compensation majority party members of the committee House of Representatives with respect to au- generally, Longshore and Harbor Workers’ within the budget approved for such purposes thorizing the Archivist of the United States Compensation Act, Federal Employees’ Com- by the committee. to make available for public use the records pensation Act, Migrant and Seasonal Agri- (b) The staff appointed by the minority delivered to the Archivist under clause 2 of cultural Worker Protection Act, Service shall have their remuneration determined in Rule VII of the Rules of the House of Rep- Contract Act, Family and Medical Leave such manner as the minority party members resentatives; or Act, Worker Adjustment and Retraining No- of the committee shall determine within the (C) specifies a time, schedule, or condition tification Act, Employee Polygraph Protec- budget approved for such purposes by the for availability pursuant to subsection (b)(3) tion Act of 1988, workers’ health and safety committee. of this Rule. including, but not limited to, occupational RULE 11. SUPERVISION & DUTIES OF COMMITTEE RULE 4. STANDING SUBCOMMITTEES & safety and health, mine health and safety, STAFF JURISDICTION youth camp safety, and migrant and agricul- The staff of the committee shall be under (a) There shall be five standing sub- tural labor health and safety; and, in addi- the general supervision and direction of the committees. In addition to the conducting tion, oversight of compulsory union dues Chairman, who shall establish and assign the oversight in the area of their respective ju- within the jurisdiction of another sub- duties and responsibilities of such staff risdictions as required in clause 2 of House committee. members and delegate authority as he deter- Subcommittee on Employer-Employee Re- Rule X, each subcommittee shall have the mines appropriate. The staff appointed by lations.—All matters dealing with relation- following jurisdictions: the minority shall be under the general su- Subcommittee on Education Reform.— ships between employers and employees gen- pervision and direction of the minority party Education from preschool through the high erally including, but not limited to, the Na- members of the committee, who may dele- school level including, but not limited to, el- tional Labor Relations Act, Bureau of Labor gate such authority as they determine ap- ementary and secondary education gen- Statistics, pension, health, and other em- propriate. All committee staff shall be as- erally, vocational education, preschool pro- ployee benefits, including the Employee Re- signed to committee business and no other grams including the Head Start Act, school tirement Income Security Act (ERISA); all duties may be assigned to them. matters related to equal employment oppor- lunch and child nutrition, and overseas de- RULE 12. HEARINGS PROCEDURE tunity and civil rights in employment, in- pendent schools; special education programs (a) The Chairman, in the case of hearings including, but not limited to, alcohol and cluding affirmative action. (b) The majority party members of the to be conducted by the committee, and the drug abuse, education of the disabled, mi- committee may provide for such temporary, appropriate subcommittee chairman, in the grant and agricultural labor education and ad hoc subcommittees as determined to be case of hearings to be conducted by a sub- homeless education; educational research appropriate. committee, shall make public announcement and improvement, including the Office of of the date, place, and subject matter of any RULE 5. EX OFFICIO MEMBERSHIP Educational Research and Improvement; hearing to be conducted on any measure or poverty programs, including the Community The Chairman of the committee and the matter at least one week before the com- Services Block Grant Act and the Low In- ranking minority party member shall be ex mencement of that hearing unless the com- come Home Energy Assistance Program officio members, but not voting members, of mittee or subcommittee determines that (LIHEAP). each subcommittee to which such Chairman there is good cause to begin such hearing at Subcommittee on 21st Century Competi- or ranking minority party member has not an earlier date. In the latter event, the tiveness.—Education and training beyond been assigned. Chairman or the subcommittee chairman, as the high school level including, but not lim- RULE 6. SPECIAL ASSIGNMENT OF MEMBERS the case may be, shall make such public an- ited to higher education generally, including To facilitate the oversight and other legis- nouncement at the earliest possible date. To postsecondary student assistance and em- lative and investigative activities of the the extent practicable, the Chairman or the ployment services, Title IV of the Higher committee, the Chairman of the committee subcommittee chairman shall make public Education Act; training and apprenticeship may, at the request of a subcommittee chair- announcement of the final list of witnesses including the Workforce Investment Act, man, make a temporary assignment of any scheduled to testify at least 48 hours before displaced homemakers, adult basic education member of the committee to such sub- the commencement of the hearing. The staff (family literacy), rehabilitation, professional committee for the purpose of constituting a director of the committee shall promptly no- development, and training programs from quorum and of enabling such member to par- tify the Daily Digest Clerk of the Congres- immigration funding; pre-service and in- ticipate in any public hearing, investigation, sional Record as soon as possible after such service teacher training, including Title II of or study by such subcommittee to be held public announcement is made. the elementary and Secondary Education outside of Washington, DC. Any member of (b) All opening statements at hearings con- Act and Title II of the Higher Education Act; the committee may attend public hearings of ducted by the committee or any sub- Title III and V of the Higher Education Act; any subcommittee and any member of the committee will be made part of the perma- Title I of the Higher Education Act as it re- committee may question witnesses only nent written record. Opening statements by lates to Titles II, III, IV, and V; science and when they have been recognized by the members may not be presented orally, unless technology programs; affirmative action in Chairman for that purpose. the Chairman of the committee or any sub- higher education; all welfare reform pro- committee determines that one statement RULE 7. SUBCOMMITTEE CHAIRMANSHIPS grams including, work incentive programs, from the Chairman or a designee will be pre- welfare-to-work requirements, and childcare The method for selection of chairmen of sented, in which case the ranking minority services, including the Childcare Develop- the subcommittees shall be at the discretion party member or a designee may also make ment Block Grant; Native American Pro- of the full committee Chairman, unless a a statement. If a witness scheduled to testify grams Act, Robert A. Taft Institute, and In- majority of the majority party members of at any hearing of the Committee or any sub- stitute for Peace. the full committee disapprove of the action committee is a constituent of a member of Subcommittee on Select Education.—Pro- of the Chairman. the committee or subcommittee, such mem- grams and services for the care and treat- RULE 8. SUBCOMMITTEE SCHEDULING ber shall be entitled to introduce such wit- ment of certain at risk youth, including the Subcommittee chairmen shall set meeting ness at the hearing. Juvenile Justice and Delinquency Preven- dates after consultation with the Chairman (c) To the extent practicable, witnesses tion Act and the Runaway and Homeless and other subcommittee chairmen with a who are to appear before the committee or a Youth Act; all matters dealing with child view toward avoiding simultaneous sched- subcommittee shall file with the staff direc- abuse and domestic violence, including the uling of committee and subcommittee meet- tor of the committee, at least 48 hours in ad- Child Abuse Prevention and Treatment Act, ings or hearings, wherever possible. Avail- vance of their appearance, a written state- and child adoption; all matters dealing with able dates for subcommittee meetings during ment of their proposed testimony, together programs and services for the elderly, includ- the session shall be assigned by the Chair- with a brief summary thereof, and shall ing nutrition programs and the Older Ameri- man to the subcommittees as nearly as prac- limit their oral presentation to a summary cans Act; environmental education; all do- ticable in rotation and in accordance with thereof. The staff director of the committee mestic volunteer programs; School to Work their workloads. As far as practicable, the shall promptly furnish to the staff director Opportunities Act; library services and con- Chairman shall not schedule simultaneous of the minority a copy of such testimony struction, and programs related to the arts subcommittee markups, a subcommittee submitted to the committee pursuant to this and humanities, museum services, and arts markup during a full committee markup, or rule. and artifacts indemnity; Titles VI and VII, any hearing during a markup. (d) When any hearing is conducted by the Title I as it relates to those Titles, and over- committee or any subcommittee upon any RULE 9. SUBCOMMITTEE RULES sight of Title III and V of the Higher Edu- measure or matter, the minority party mem- cation Act; and fiscal auditing of the Depart- The rules of the committee shall be the bers on the committee shall be entitled, ment of Education organization. rules of its subcommittees. upon request to the Chairman by a majority Subcommittee on Workforce Protec- RULE 10. COMMITTEE STAFF of those minority party members before the tions.—Wages and hours of labor including, (a) The employees of the committee shall completion of such hearing, to call witnesses but not limited to, Davis-Bacon Act, Walsh- be appointed by the Chairman in consulta- selected by the minority to testify with re- Healey Act, Fair Labor Standards Act (in- tion with subcommittee chairmen and other spect to that measure or matter during at

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.075 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H373 least one day of hearing thereon. The minor- (b) In any event, the report, described in visions of this rule shall govern travel of ity party may waive this right by calling at the proviso in subsection (d) of this rule, of committee members and staff. Travel to be least one witness during a committee hear- any subcommittee on a measure which has paid from funds set aside for the full com- ing or subcommittee hearing. been approved by the subcommittee shall be mittee for any member or any staff member RULE 13. MEETINGS—HEARINGS—QUORUMS filed within seven calendar days (exclusive of shall be paid only upon the prior authoriza- days on which the House is not in session) tion of the Chairman. Travel may be author- (a) Subcommittees are authorized to hold after the day on which there has been filed ized by the Chairman for any member and hearings, receive exhibits, hear witnesses, with the staff director of the committee a any staff member in connection with the at- and report to the committee for final action, written request, signed by a majority of the tendance of hearings conducted by the com- together with such recommendations as may members of the subcommittee, for the re- mittee or any subcommittee thereof and be agreed upon by the subcommittee. No porting of that measure. Upon the filing of meetings, conferences, and investigations such meetings or hearings, however, shall be any such request, the staff director of the which involve activities or subject matter held outside of Washington, DC, or during re- committee shall transmit immediately to under the general jurisdiction of the com- cess or adjournments of the House without the chairman of the subcommittee a notice mittee. The Chairman shall review travel re- the prior authorization of the committee of the filing of that request. quests to assure the validity to committee Chairman. Where feasible and practicable, 14 (c) All committee or subcommittee reports business. Before such authorization is given, days’ notice will be given of such meeting or printed pursuant to legislative study or in- there shall be submitted to the Chairman in hearing. vestigation and not approved by a majority (b) One-third of the members of the com- writing the following: vote of the committee or subcommittee, as (1) the purpose of the travel; mittee or subcommittee shall constitute a appropriate, shall contain the following dis- (2) the dates during which the travel is to quorum for taking any action other than claimer on the cover of such report: ‘‘This be made and the date or dates of the event amending committee rules, closing a meet- report has not been officially adopted by the for which the travel is being made; ing from the public, reporting a measure or Committee on Education and the Workforce (3) the location of the event for which the recommendation, or in the case of the com- (or pertinent subcommittee thereof) and travel is to be made; and mittee or a subcommittee authorizing a sub- therefore may not necessarily reflect the (4) the names of members and staff seeking poena. For the enumerated actions, a major- views of its members.’’ authorization. ity of the committee or subcommittee shall The minority party members of the com- (b)(1) In the case of travel outside the constitute a quorum. Any two members shall mittee or subcommittee shall have three cal- United States of members and staff of the constitute a quorum for the purpose of tak- endar days, excluding weekends and holi- committee for the purpose of conducting ing testimony and receiving evidence. days, to file, as part of the printed report, hearings, investigations, studies, or attend- (c) When a bill or resolution is being con- supplemental, minority, or additional views. ing meetings and conferences involving ac- sidered by the committee or a sub- (d) Bills, resolutions, or other matters fa- tivities or subject matter under the legisla- committee, members shall provide the clerk vorably reported by a subcommittee shall tive assignment of the committee or perti- in a timely manner a sufficient number of automatically be placed upon the agenda of nent subcommittees, prior authorization written copies of any amendment offered, so the committee as of the time they are re- must be obtained from the Chairman, or, in as to enable each member present to receive ported. No bill or resolution or other matter the case of a subcommittee, from the sub- a copy thereof prior to taking action. A reported by a subcommittee shall be consid- committee chairman and the Chairman. Be- point of order may be made against any ered by the full committee unless it has been fore such authorization is given, there shall amendment not reduced to writing. A copy delivered or electronically sent to all mem- be submitted to the Chairman, in writing, a of each such amendment shall be maintained bers and notice of its prior transmission has request for such authorization. Each request, in the public records of the committee or been in the hands of all members at least 48 which shall be filed in a manner that allows subcommittee, as the case may be. hours prior to such consideration; a member for a reasonable period of time for review be- (d) In the conduct of hearings of sub- of the Committee shall receive, upon his or fore such travel is scheduled to begin, shall committees sitting jointly, the rules other- her request, a paper copy of the such bill, include the following: wise applicable to all subcommittees shall resolution, or other matter reported. When a (A) the purpose of travel; likewise apply to joint subcommittee hear- bill is reported from a subcommittee, such (B) the dates during which the travel will ings for purposes of such shared consider- measure shall be accompanied by a section- occur; ation. by-section analysis; and, if the Chairman of (C) the names of the countries to be visited (e) No person other than a Member of Con- the committee so requires (in response to a and the length of time to be spent in each; gress or Congressional staff may walk in, request from the ranking minority member (D) an agenda of anticipated activities for stand in, or be seated at the rostrum area of the committee or for other reasons), a each country for which travel is authorized during a meeting or hearing of the Com- comparison showing proposed changes in ex- together with a description of the purpose to mittee or Subcommittee unless authorized isting law. be served and the areas of committee juris- by the Chairman. (e) To the extent practicable, any report diction involved; and RULE 14. SUBPOENA AUTHORITY prepared pursuant to a committee or sub- (E) the names of members and staff for The power to authorize and issue sub- committee study or investigation shall be whom authorization is sought. poenas is delegated to the Chairman of the available to members no later than 48 hours (2) Requests for travel outside the United full committee, as provided for under clause prior to consideration of any such report by States may be initiated by the Chairman or 2(m)(3)(A)(i) of Rule XI of the Rules of the the committee or subcommittee, as the case the chairman of a subcommittee (except that House of Representatives. The Chairman may be. individuals may submit a request to the Chairman for the purpose of attending a con- shall notify the ranking minority member RULE 16. VOTES prior to issuing any subpoena under such au- ference or meeting) and shall be limited to (a) With respect to each rollcall vote on a members and permanent employees of the thority. To the extent practicable, the Chair- motion to report any bill, resolution or mat- man shall consult with the ranking minority committee. ter of a public character, and on any amend- (3) the Chairman shall not approve a re- member at least 24 hours in advance of a sub- ment offered thereto, the total number of quest involving travel outside the United poena being issued under such authority, ex- votes cast for and against, and the names of States while the House is in session (except cluding Saturdays, Sundays, and federal those members voting for and against, shall in the case of attendance at meetings and holidays. As soon as practicable after issuing be included in the committee report on the conferences or where circumstances warrant any subpoena under such authority, the measure or matter. an exception). Chairman shall notify in writing all mem- (b) In accordance with clause 2(h) of House (4) At the conclusion of any hearing, inves- bers of the Committee of the issuance of the Rule XI, the Chairman of the Committee or tigation, study, meeting, or conference for subpoena. a Subcommittee is authorized to postpone which travel outside the United States has RULE 15. REPORTS OF SUBCOMMITTEES further proceedings when a record vote is or- been authorized pursuant to this rule, each (a) Whenever a subcommittee has ordered a dered on the question of approving a measure subcommittee (or members and staff attend- bill, resolution, or other matter to be re- or matter or on adopting an amendment. ing meetings or conferences) shall submit a ported to the committee, the chairman of Such Chairman may resume proceedings on a written report to the Chairman covering the the subcommittee reporting the bill, resolu- postponed request at any time after reason- activities of the subcommittee and con- tion, or matter to the committee, or any able notice. When proceedings resume on a taining the results of these activities and member authorized by the subcommittee to postponed question, notwithstanding any in- other pertinent observations or information do so, may report such bill, resolution, or tervening order for the previous question, an gained as a result of such travel. matter to the committee. It shall be the underlying proposition shall remain subject (c) Members and staff of the committee duty of the chairman of the subcommittee to to further debate or amendment to the same performing authorized travel on official busi- report or cause to be reported promptly such extent as when the question was postponed. ness shall be governed by applicable laws, bill, resolution, or matter, and to take or RULE 17. AUTHORIZATION FOR TRAVEL resolutions, or regulations of the House and cause to be taken the necessary steps to (a) Consistent with the primary expense of the Committee on House Administration bring such bill, resolution, or matter to a resolution and such additional expense reso- pertaining to such travel, including rules, vote. lutions as may have been approved, the pro- procedures, and limitations prescribed by the

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.078 H11PT1 H374 CONGRESSIONAL RECORD — HOUSE February 11, 2003 Committee on House Administration with necessarily reflect the views of its mem- the subcommittee which handled the legisla- respect to domestic and foreign expense al- bers.’’ tion in the order of their seniority upon such lowances. Such disclaimer need not be included if the subcommittee and such other committee (d) Prior to the Chairman’s authorization report was circulated to all members of the members as the Chairman may designate for any travel, the ranking minority party committee at least 7 days prior to its sub- with the approval of the majority party member shall be given a copy of the written mission to the House and provision is made members. Recommendations of the Chair- request thereof. for the filing by any member, as part of the man to the Speaker shall provide a ratio of RULE 18. REFERRAL OF BILLS, RESOLUTIONS, printed report, of individual, minority, or majority party members to minority party AND OTHER MATTERS dissenting views. members no less favorable to the majority party than the ratio of majority members to (a) The Chairman shall consult with sub- RULE 20. MEASURES TO BE CONSIDERED UNDER minority party members on the full com- committee chairmen regarding referral, to SUSPENSION mittee. In making assignments of minority the appropriate subcommittees, of such bills, A member of the committee may not seek party members as conferees, the Chairman resolutions, and other matters, which have to suspend the Rules of the House on any shall consult with the ranking minority been referred to the committee. Once printed bill, resolution, or other matter which has party member of the committee. copies of a bill, resolution, or other matter been modified after such measure is ordered (b) After the appointment of conferees pur- are available to the Committee, the Chair- reported, unless notice of such action has suant to clause 11 of Rule I of the Rules of man shall, within three weeks of such avail- been given to the Chairman and ranking mi- the House of Representatives for matters ability, provide notice of referral, if any, to nority member of the full committee. within the jurisdiction of the committee, the the appropriate subcommittee. RULE 21. BUDGET & EXPENSES Chairman shall notify all members ap- (b) Referral to a subcommittee shall not be pointed to the conference of meetings at (a) The Chairman in consultation with the made until three days shall have elapsed least 48 hours before the commencement of majority party members of the committee after written notification of such proposed the meeting. If such notice is not possible, shall prepare a preliminary budget. Such referral to all subcommittee chairmen, at then notice shall be given as soon as pos- budget shall include necessary amounts for which time such proposed referral shall be sible. staff personnel, for necessary travel, inves- made unless one or more subcommittee RULE 23. BROADCASTING OF COMMITTEE chairmen shall have given written notice to tigation, and other expenses of the com- mittee; and, after consultation with the mi- HEARINGS & MEETINGS the Chairman of the full committee and to (a) Television, Radio and Still Photog- the chairman of each subcommittee that he nority party membership, the Chairman shall include amounts budgeted to the mi- raphy. (1) Whenever a hearing or meeting [or she] intends to question such proposed re- conducted by the Committee or any sub- ferral at the next regularly scheduled meet- nority party members for staff personnel to be under the direction and supervision of the committee is open to the public, those pro- ing of the committee, or at a special meeting ceedings shall be open to coverage by tele- of the committee called for that purpose, at minority party, travel expenses of minority party members and staff, and minority party vision, radio, and still photography subject which time referral shall be made by the ma- to the requirements of Rule XI, clause 4 of jority members of the committee. All bills office expenses. All travel expenses of minor- ity party members and staff shall be paid for the Rules of the House of Representatives shall be referred under this rule to the sub- and except when the hearing or meeting is out of the amounts so set aside and budg- committee of proper jurisdiction without re- closed pursuant to the Rules of the House of eted. The Chairman shall take whatever ac- gard to whether the author is or is not a Representatives and of the Committee. The tion is necessary to have the budget as fi- member of the subcommittee. A bill, resolu- coverage of any hearing or meeting of the nally approved by the committee duly au- tion, or other matter referred to a sub- Committee or any subcommittee thereof by committee in accordance with this rule may thorized by the House. After such budget television, radio, or still photography shall be recalled therefrom at any time by a vote shall have been adopted, no change shall be be under the direct supervision of the Chair- of the majority members of the committee made in such budget unless approved by the man of the Committee, the subcommittee for the committee’s direct consideration or committee. The Chairman or the chairman chairman, or other member of the Com- for reference to another subcommittee. of any standing subcommittee may initiate mittee presiding at such hearing or meeting (c) All members of the committee shall be necessary travel requests as provided in Rule and may be terminated by such member in given at least 24 hours’ notice prior to the di- 16 within the limits of their portion of the accordance with the Rules of the House. rect consideration of any bill, resolution, or consolidated budget as approved by the (2) Personnel providing coverage by the other matter by the committee; but this re- House, and the Chairman may execute nec- television and radio media shall be then cur- quirement may be waived upon determina- essary vouchers therefor. rently accredited to the Radio and Tele- tion, by a majority of the members voting, (b) Subject to the rules of the House of vision Correspondents’ Galleries. that emergency or urgent circumstances re- Representatives and procedures prescribed (3) Personnel providing coverage by still quire immediate consideration thereof. by the Committee on House Administration, photography shall be then currently accred- and with the prior authorization of the ited to the Press Photographers’ Gallery. RULE 19. COMMITTEE REPORTS Chairman of the committee in each case, (b) Internet Broadcast. An open meeting or (a) All committee reports on bills or reso- there may be expended in any one session of hearing of the committee or subcommittee lutions shall comply with the provisions of Congress for necessary travel expenses of may be covered and recorded, in whole or in clause 2 of Rule XI and clauses 2, 3, and 4 of witnesses attending hearings in Washington, part, by Internet broadcast, unless such Rule XIII of the Rules of the House of Rep- DC: meeting or hearing is closed pursuant to the resentatives. (1) out of funds budgeted and set aside for Rules of the House and of the Committee. (b) No such report shall be filed until cop- each subcommittee, not to exceed $5,000 for Such coverage shall be fair and nonpartisan ies of the proposed report have been avail- expenses of witnesses attending hearings of and in accordance clause 4(b) of House Rule able to all members at least 36 hours prior to each such subcommittee; XI and other applicable rules of the House of such filing in the House. No material change (2) out of funds budgeted for the full com- Representatives and of the Committee. Mem- shall be made in the report distributed to mittee majority, not to exceed $5,000 for ex- bers of the Committee shall have prompt ac- members unless agreed to by majority vote; penses of witnesses attending full committee cess of any recording of such coverage to the but any member or members of the com- hearings; and extent that such coverage is maintained. mittee may file, as part of the printed re- (3) out of funds set aside to the minority Personnel providing such coverage shall be port, individual, minority, or dissenting party members, employees of the House of Representatives or views, without regard to the preceding provi- (A) not to exceed, for each of the sub- currently accredited to the Radio and Tele- sions of this rule. committees, $5,000 for expenses of witnesses vision Correspondents’ Galleries. (c) Such 36-hour period shall not conclude attending subcommittee hearings, and RULE 24. CHANGES IN COMMITTEE RULES earlier than the end of the period provided (B) not to exceed $5,000 for expenses of wit- The committee shall not consider a pro- under clause 4 of Rule XIII of the Rules of nesses attending full committee hearings. posed change in these rules unless the text of the House of Representatives after the com- (c) A full and detailed monthly report ac- such change has been delivered or electroni- mittee approves a measure or matter if a counting for all expenditures of committee cally sent to all members and notice of its member, at the time of such approval, gives funds shall be maintained in the committee prior transmission has been in the hands of notice of intention to file supplemental, mi- office, where it shall be available to each all members at least 48 hours prior to such nority, or additional views for inclusion as member of the committee. Such report shall consideration; a member of the Committee part of the printed report. show the amount and purpose of each ex- shall receive, upon his or her request, a (d) The report on activities of the com- penditure, and the budget to which such ex- paper copy of such proposed change. mittee required under clause 1 of Rule XI of penditure is attributed. the Rules of the House of Representatives, f shall include the following disclaimer in the RULE 22. APPOINTMENT OF CONFEREES & NOTICE THE STATUS OF THE FEDERAL OF CONFERENCE MEETINGS document transmitting the report to the BUDGET Clerk of the House: ‘‘This report has not (a) Whenever in the legislative process it been officially adopted by the Committee on becomes necessary to appoint conferees, the The SPEAKER pro tempore. Under Education and the Workforce or any sub- Chairman shall recommend to the Speaker the Speaker’s announced policy of Jan- committee thereof and therefore may not as conferees the names of those members of uary 7, 2003, the gentleman from South

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.082 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H375 Carolina (Mr. SPRATT) is recognized for of time so that this year we start with have used these tax cuts to dispense 60 minutes as the designee of the mi- a cumulative deficit of $129 billion. with our revenues, we have got a tax nority leader. But the point to note here is that we agenda here of $4.4 trillion. And this is Mr. SPRATT. Mr. Speaker, I wanted are going to decide this year, in the coming at a time when I said we have to address a very grave matter that af- next few months, whether we take that some critical obligations to meet, we fects our country, and that is the sta- deficit, $129 billion in the red, a bad are draining the revenues dry. tus of our budget. It is hard to believe enough reversal since 2002, and add to that just 2 years ago when we began it almost $2 trillion so that we add to b 1945 the budget process as we do now this the national debt $2.1 trillion. If we do country looked forward to a surplus of that, it will be because we have chosen Let me just stop on this point and $5.6 trillion. That was the projection of to do that. We could possibly out of recognize my friend, the gentleman the Office of Management and Budget abundance of charity say to those who from Texas (Mr. EDWARDS). of the Bush administration in January passed the budget 2 years ago they Before doing so, look at the next 5 of 2001. We have come a long, long way thought they had a $5.6 trillion surplus, years. These are numbers taken since January of 2002, since that fiscal we told them we thought they were straight from the Bush budget, the Of- year was concluded. overstating it, but we will acknowledge fice of Management and Budget. Over In the last fiscal year of the first that maybe this was negligence, this the next 5 years, this year, 2004, 2005, Bush administration, there was a def- was a mistake, this was a miscalcula- 2006, 2007, 2008, they are proposing to icit of $290 billion. That was the deficit tion. Now we have to say if they go for- spend a deficit of more than $400 billion that President Clinton found on the ward knowing what they know using in every one of those years. doorstep waiting for him when he came their own projection, they will be de- What is distressing is not necessarily to the White House on January 20, 1993. liberately, willfully, wantonly, and in- the size of these deficits to start with. On February 17 he sent us a budget tentionally adding $2.1 trillion to the If we are, after all, in a slumping econ- that would deal with that deficit, and national debt. omy, you would expect to see a deficit over the next 8 years every year, every Notice that this period of time is a then. But there is no abatement, no re- year, the bottom line of the budget got critical period of time in our country’s duction. There is no diminution of this better, better to the point that in 1999 fiscal history because this is when the deficit in any of these years. for the first time in 30 years, we bal- baby boomers, 77 million of them now These are the numbers you get if you anced the budget. marching to their retirement, first back out Social Security. The total In the year 2000, we had a surplus of begin to retire in 2008. In 2010, 2011 they amount of deficits we will incur in the $236 billion. So from 1992 until the year begin to draw not only their Social Se- general fund of the budget if we follow 2000, we took the budget from $290 bil- curity but their Medicare. So this is a this plan over the next 5 years, 2004 lion in the red, in deficit, to $236 billion period of time when we should be hus- through 2008, is $2.14 trillion. As I said in surplus, a phenomenal record. Presi- banding our resources so we can meet earlier, that is not the result of what dent Bush the Second came to office, our obligation to the baby boomers we did previously; that is the result of and we gave him an advantage that no who will be retiring in huge numbers decisions we are about to make now. President in recent times has ever en- and will double in time the number on This is where it will take us. joyed, a balanced budget, a budget that Social Security and Medicare. Instead, Notice that they stop at the end of 5 had a surplus the first year he was in during that very period of time we are years. Last year and in 2001 we had a office of 126, $127 billion. incurring, if we follow the budget pro- budget that went out 10 years, because Today, 2 years later, this is what has posals before us, mostly the tax cuts we had found from experience that fis- happened. That surplus cumulative proposals that have been made, $2.122 cal discipline was served by projecting over 10 years, the years 2002 through trillion in additional debt. the consequences of your fiscal actions 2011, has declined from $5.644 trillion as A large part of that additional policy out as far as you could, and 10 years projected by the Bush Office of Man- will go to tax cuts. This chart shows was deemed to be a good projection pe- agement and Budget to $2.122 trillion the Bush tax cut in 2001, $1.349 trillion riod. But if you run this out 10 years, in the red, in deficit. From $5.6 trillion in revenues committed to that tax cut. the situation only gets worse. dollars in the black to $2.1 trillion in This shows what we did a couple of Mr. Speaker, I now would like to the red, that is a swing in the wrong di- years ago when we had a first stimulus yield to my friend, the gentleman from rection of $7.2 trillion over a period of package to try to get us out of the re- Texas (Mr. EDWARDS) to pick up here 2 years. We have never seen that at cession that we felt ourselves slumping and talk about some of the con- least since the Great Depression, such into. Now the Bush administration has sequences in this budget for programs a dramatic fiscal reversal in our ac- come up with an additional tax cut. that all Americans support. count. They want to exclude dividends from Mr. EDWARDS. Mr. Speaker, I want That is what we want to address to taxation. I can understand why that to thank the gentleman from South you tonight because as this next chart would be appealing to a lot of people, Carolina for leading the fight for fiscal will show, we face some decisions in but the revenue cost to us of the latest responsibility in Congress. the next couple of months that will de- Bush tax proposal is another $615 bil- Mr. Speaker, just 2 years ago the termine the fiscal fate of this country lion. Those tax cuts made in June of Bush administration promised my for years to come. This is where the 2001 were not permanent. In order to then-3 and 5-year-old sons that by the Bush administration began 2 years ago. shoehorn them into the budget, they time they graduated from high school, This was a 10-year surplus, $5.6 trillion. artificially terminated or truncated America would have no national debt. They now say, and these are the num- the taxes at the end of 2010. A lot can happen in 2 years. Now, under bers presented to us just last week by If we make them permanent, which the fiscal policies of this administra- the Office of Management and Budget, the Bush administration is proposing, tion, my now-5 and 7-year-old sons are that there was an overcalculation, a that adds another $692 billion. Then told that before they finish elementary miscalculation due to the economy of there is another problem we will not school this administration will add $1 $3.174 trillion so that the real surplus even get into tonight, but it is on the trillion to $3 trillion in addition to the was really $2.463 trillion, $2.4 trillion tax agenda. Democrats and Repub- total $6 trillion national debt that we instead of $5.6 trillion. licans, the Congress and the White presently have. That is only part of the bad news. House will soon have to face the prob- To average Americans, what does the The rest of it is that the Bush adminis- lem of the alternative minimum tax. national debt really mean? $6 trillion, tration bet the budget on this blue-sky Pretty soon millions of Americans will $5 trillion, what does it matter? forecast and over the last 2 years has be paying more in the alternative min- Let me talk about the difference. It committed $2.6 trillion in enacting imum tax than they pay under the reg- is said there is one tax in America that policies, two thirds of which went to ular taxation. If we add all of those to- cannot be repealed. It is called the debt tax cuts. We have more than spent the gether and add the debt service that we tax. It is the interest on the national cumulative surplus during that period have to pay additionally because we debt. Last year alone, over $320 billion

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.090 H11PT1 H376 CONGRESSIONAL RECORD — HOUSE February 11, 2003 was paid in interest on the total na- icemen and women all across America There is something wrong with the tional debt of America. That is $320 bil- by cutting their children’s education values of an administration that would lion that taxpayers have to be respon- programs while they are going off to propose cutting impact military edu- sible for now and in the future just to war. cation funds not to pay for a war pay the interest on the national debt. Mr. Speaker, there are many things against Iraq, but to pay for the tax div- The fact is that not only does the we could talk about in this budget, but idend for the other constituent of mine debt tax hurt us by having to pay addi- one of the things I would like to ask who said he made $1 million in dividend tional taxes to the Federal Govern- the distinguished ranking member income last year, and because this ad- ment to pay interest on the debt, but about is, I have heard in recent days ministration does not want him to pay every business is burdened with the from Republican colleagues that the one dime in taxes, will get a $335,000 debt tax. When you have a deficit, once Bush administration tax cuts, both tax cut. the economy gets back on its feet, you those already enacted and those pro- Would the gentleman care to com- are going to drive up interest rates. posed, really are not a significant part ment about the values of those prior- Every homeowner pays part of the debt of the reason we now have this year ities? tax because they have to pay higher in- proposed the largest deficit in the his- Mr. SPRATT. Mr. Speaker, let me terest on the mortgages on their tory of America. enlarge upon the point the gentleman homes. Every consumer that borrows I would like to ask my colleague, the is making, and that is, as bad as the and uses a credit card will have higher gentleman from South Carolina (Mr. Bush administration says, when taxes in effect because of the Bush ad- SPRATT), if that is true. Have these pressed, where is your solution, what ministration increase in the national proposed taxes and enacted tax cuts plan do you have? Cut spending, cut debt. really had a minimal effect on the fact spending. Now, once in awhile, Mr. Speaker, an we are in such a deep deficit hole now? In truth, as the gentleman is point- idea comes along in Washington, D.C. Mr. SPRATT. Mr. Speaker, on the ing out with a very specific example, that is so incredibly unfair that, frank- chart I have just displayed it is clear there are plenty of spending cuts built ly, it is hard to even believe anyone from the Office of Management and into this budget already. One of them would propose it seriously. Let me talk Budget that the real surplus adjusted is impact aid, which amounts to the about a specific provision of the most for the real economy over the last cou- Federal Government saying to military recent Bush budget. ple of years is not $5.6 trillion, but $2.4 installations, we are not going to pick This week and in the weeks ahead trillion. Out of that $2.4 trillion in real up the full impact of the children of there will be 12,500 brave men and surplus, the Bush administration has military dependents in the public women, Army soldiers from my dis- already cut $1.349 trillion and $42 bil- schools in that particular locality. We trict, from Fort Hood, that will be de- lion; add those two together and you are going to let the local folks pay that ploying for the Iraqi theater. Within get easily $1.4 trillion. Nearly two- and not do what other employers do weeks or months they could well be thirds of the remaining surplus has and continue contributing some of the fighting to defend the interests of this been cut, has been diminished, due to costs of it. That is one example. country, perhaps even giving their tax cuts already passed now in the face The gentleman from North Carolina lives for our country. of the fact that there is no remaining is going to get up and give another ex- I found it astounding that the same surplus. ample about the larger education bill administration which has ordered these After you factor in these tax cuts and that already is cut in this bill. If you brave men and women, mothers and factor in the spending increases, main- took the whole budget for discre- dads, to go off to potential combat in ly for defense and homeland security, tionary spending, the 13 appropriation Iraq, has the gall to suggest that we which we all supported, but neverthe- bills that the gentleman’s committee should be cutting their children’s edu- less, his budget left no room for contin- reports and we pass, which constitutes cation funds at the same time they are gencies like that, when you factor in the discretionary budget, if you take getting on the airplane to defend our those additional spending items, the all of nondefense discretionary spend- country thousands of miles away. It is surplus not only disappears, it goes ing and cut it all out, it would not re- hard to believe that it is even true, but deep in deficit for as far as the eye can place the $400 billion deficit in the gen- it is true. see. eral fund we expect next year. Look at the Bush budget. They are Mr. EDWARDS. Mr. Speaker, if the Mr. EDWARDS. Mr. Speaker, that is cutting the vital Impact Aid Military gentleman will yield further, I appre- a good point. If the gentleman will let Education program at the very time ciate the gentleman pointing out those me ask one last question, and then I they are asking our sons and daugh- facts. I would also point out on this will defer to other members that want ters, mothers and dads, to go off and chart that the Bush administration’s to speak on the largest deficit in the defend our country in the Middle East total tax agenda, including tax cuts al- history of America, there are a lot of and Southwest Asia. In fact, the two ready enacted plus proposed tax cuts, Americans that believe that this larg- school districts surrounding Fort Hood, total in impact, if you count that in- est proposed deficit in America’s 200- the Coppers Cove and Killeen districts creased debt tax, the interest we have plus-year history is because, my gosh, around Fort Hood in my district in to pay when we borrow money, it is we are going to have to pay for the war central Texas, will lose under the Bush over $4.3 trillion. Even by Washington, against Iraq. administration proposal $21 million in D.C., standards it seems to me a tril- Could the gentleman tell me and the impact aid this year because of the pro- lion here and a trillion there really is American people factually, is the $300 posed cuts in that program. a significant amount of money. billion deficit proposed for this 1 year What is compassionately conserv- I find it astounding that we are cut- alone related to that? ative about that? What is fair about ting taxes for some of the wealthiest Mr. SPRATT. That does not include that? The truth is, nothing is compas- people in America, and at the same the war against Iraq. That does not in- sionate about that; nothing is fair time, telling soldiers at Fort Hood in clude the war against terror. The Sec- about that. central Texas, right next to the retary of Defense told us the other day, Mr. Speaker, we ask our servicemen Crawford ranch, you have to go off and if and when those costs come, we will and women to make incredible sac- fight for our country, but by the way, send up a supplemental. If you add that rifices for our country, and it is im- as they are getting on the plane, give to the bottom line, it gets worse. moral for us to be cutting their chil- them a note, we are going to cut your Mr. EDWARDS. We could have a $400- dren’s education funds even as they go children’s education fund. plus billion deficit. I did calculate it. I to potentially fight for our country. We hear a lot of talk, and I will finish think the maximum Pell Grant for a I hope the American people will be as with this, about values in Washington, young, bright high school senior from a outraged about not only the largest D.C., and family values. But I think we low income family, wanting to improve deficit in the history of America pro- in public office should be judged not by his or her life and career with a college posed in this budget, but will be just as rhetoric, but by our record and by the education, they get about $4,000 a year. outraged by the unfairness to our serv- priorities we set in the Federal budget. If you assume 4 percent interest on the

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.091 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H377 $300 billion deficit this year alone, that b 2000 very thing we have to do if we are means my children’s generation, my They are not okay. Because we are going to improve education in Amer- little boy’s generation, will pay $12 bil- going to double the amount of interest ica. We have to improve opportunity lion a year, that is B as in boy, $12 bil- over the next few years, and my chil- for the staff that are teaching our chil- lion a year in tax for the rest of their dren and grandchildren will pick up the dren. What did we do? What does the lives until the day they die simply to tab; and that is wrong. President propose? Mr. Speaker, $3.1 pay the interest on this year’s proposed Let us just look at some of the num- billion, down 5.2 percent from the pre- deficit. bers that are proposed in this budget. vious level. I will just go through the That amount of money, if we had a These are the consequences of running percentages. It is just shameful. more fiscally prudent budget without deficits: cuts in No Child Left Behind. Educational technology. At a time some of these tax cuts that I think are I supported that legislation because I when we are really trying to put more irresponsible, that would allow us to thought it was fair and it would make technology in the schools because we have 3 million young Americans re- a difference for children, because the are in a technological world, and so ceive a $4,000 Pell Grant. Something is President committed to fund it. And many schools need the resources, 9.6 wrong with these values and something what does he do? He has cut the fund- percent cut from the previous level. is wrong with this budget. ing, and I will have a proposal on that More children out there, more needs, Mr. SPRATT. Let me now yield to before too long. This budget proposes and we are cutting. the gentleman from North Carolina cuts of $22.6 billion for programs that Impact Aid, we just talked about, 14.2 (Mr. ETHERIDGE), who used to be the are under No Child Left Behind, which percent. Vocational education, 26 per- Superintendent of Education in North cent proposed cut; 26 percent. Carolina, to further the effects of some is $9 billion below the amount author- ized in 2004, and $199 million below the Mr. Speaker, it reminds me of a story of cuts in education in this budget. I heard once when I was little. The guy Mr. ETHERIDGE. Mr. Speaker, I amount needed to maintain at just the 2002 level. said he was not going to kill his pig, he thank the gentleman for yielding. would just do a little bit at a time, and Let me follow up something that my Now, we have to understand that there are more children coming to somebody saw a pig running around the good friend from Texas covered; wheth- yard with three legs, and he said, I am er one agrees with this or not, this is school, there are more children with needs, there is more tutoring that just eating a little bit at a time. That actual fact. Before I was the State Su- is what we are doing to education. We perintendent of Schools in North Caro- needs to be done because we are are not going to kill it all at once; we lina, I chaired the appropriations com- ratcheting up accountability. It is a are just going to kill it a little bit at mittee for the general assembly, and program for disaster for the public a time, until it is so crippled it cannot prior to that I was a county commis- schools of America; and this adminis- tration, I do believe, knows that, and work. It is absurd. sioner. We need people to work on equipment What we are really doing in saying to they ought to know better. and machinery. I was at a school last local governments about pulling back Mr. SPRATT. Mr. Speaker, what the week; a superintendent came up to me impact aid, and in many of the cases, gentleman is talking about is the au- in many of the communities, in Fort thorization act Mr. Bush signed and just last night talking about Impact Bragg in my district, many of these signed into law and took credit for. Aid. He said, if we cut it, our schools communities find themselves depend- Mr. ETHERIDGE. And this body are going to be in deep trouble. This ent on the impact aid. But what hap- bipartisanly passed it. was in Cumberland County. One of the pens is they are getting impact aid be- Mr. SPRATT. The authorization act teachers talked about vocational edu- cause you have a large Federal instal- calls for $9 billion more in the fiscal cation. This is where they turn money lation not paying local property taxes. year 2004 than his budget in this year’s into technology for computer labs. I If you pull that out, in effect you are request. was in a computer lab working with saying to the rest of the citizens in Mr. ETHERIDGE. That is exactly children. that jurisdiction, we are going to raise right. And the schools are depending on Funding for the improvement of edu- your taxes. We are going to say to the that money, and at a time, as the gen- cation, down 91.2 percent. I do not county commissioners to raise them or tleman knows, when States are cutting know why they did not go ahead and to the local governments at a time because they do not have the resources, get it all. when roughly, what, 70-plus percent of trying to hold up their end on edu- I mean it just makes no sense. It was the States are running huge deficits. cation; and we are not living up to our a good program, but what they want to Mr. Speaker, it is incomprehensible bargain. This administration has not do is just enough out there to make that this administration would place been honest with, I think, our schools people mad. these kinds of burdens on local govern- and the American people. Perkins loans, 61 percent proposed ments across this country. And I agree It eliminates 47 education programs cut. with my friend, the gentleman from in this budget, proposed budget. Those I could go on. I think folks who are Texas (Mr. EDWARDS), who said not programs amount to $1.6 billion just in watching get the message. It is one only Fort Hood, but at Fort Bragg, the CR we are now operating under, on thing to say I am for education; it is which is the 9/11 post in this country, the flat line, $1.6 billion. That is a lot one thing to say I want to help. It is we are going to send you off, but the of money when you get out to a local another thing to not follow through people that you are going to leave be- school building in rural America or and give the resources. I have talked to hind are going to pick up the tab, be- wherever you may be. more teachers and school folks in the cause those of us in Washington are Let me just talk about some of the last few weeks. They really and truly not going to do what we need to do, and major cuts. The 21st Century Commu- believe, whether it is true or not, that those of us left are going to raise your nity Learning Centers, an outstanding they are set on a course to fail, because taxes another way. program that gives schools money to we are giving them all the ingredients Let me touch on a couple of other do some creative things that make a to make the cake and nothing to go in issues when it comes to education. It difference. it, but we are expecting them to come bothers me greatly, because if we truly Mr. SPRATT. After-school programs, out with a fine baked product. want to turn this around, we have got primarily? I would remind all of my colleagues, to have prudence now in budgeting. Mr. ETHERIDGE. Absolutely. education is a lifelong process, and we Mr. Speaker, it boggles my mind that Mr. SPRATT. Before-school pro- cannot start and stop it. We have to we have come through the deficits of grams. keep it going. Teachers understand it; the last 10 years to get to some high Mr. ETHERIDGE. Absolutely. We ab- students realize it. It takes resources ground and a balanced budget, and we solutely have to have these if we are to get the job done. I recognize that at did not learn a thing. We jumped right going to tutor youngsters who are be- the Federal level we only put in about back in that briar patch with no end in hind and need to catch up. Mr. Speak- 7 to 9 percent, depending on where we sight, and we now say deficits are er, $1.2 billion below the level author- are. Some counties it is more, because okay. ized. Teacher quality programs, the a lot of it is specific to need. Not all of

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.093 H11PT1 H378 CONGRESSIONAL RECORD — HOUSE February 11, 2003 this is specific to need, because No they were fiscally irresponsible. So Now, when we look at how the debt Child Left Behind is need-based and President Clinton was the controlling tax is exploding and the burden on the categorical. But without it, we are force of the budget during his adminis- Federal Government on just interest really saying, we really did not mean tration and produced those years. The on the national debt is exploding, we it. We really did not mean it. budget introduced by President Bush have an interesting phenomenon that That was a great plan, we got a lot of was passed when he came in office, and we have to deal with, and that is Social good press on it, we have had our press this is what happened. We wonder what Security. We are running a surplus in clippings, we have been around the the plan is for the future. Social Security now. By 2037, we will country, and now we are going to move As it has been mentioned, when he be running a huge deficit. We need to on to something else. That is not edu- came in office, in 2000, there was a sur- be piling up resources, reserves so that cation. That is not about building the plus. September 11 happened with only as the baby boomers retire and the ex- future of America, and this administra- 3 weeks left in the fiscal year, so this pense of Social Security gets less and tion knows better. I am going to be on was going to happen anyway, that is, less, we have some way to pay it. No, the floor in the well of this House spending virtually all of Medicare. The instead, we are running up massive every day, every week; and we are following year we spent all of the Medi- debts when we have the surplus. going to keep reminding them. We care surplus, all of the Social Security What is the plan to pay Social Secu- have to do the funding because if we do surplus, and then $160 billion more. In rity later on? I would suggest that they not, we will not have a future. We can- 2003, almost $300 billion, after we spent have no intention of paying Social Se- not keep running deficits because huge all of Social Security and Medicare; curity. deficits have consequences; and the and if we adopt the policies of the ad- Mr. SPRATT. Mr. Speaker, if the ministration, we are going to be spend- consequences are, we run up the debt, gentleman will yield, let me just clar- ing all of Social Security and Medicare we have huge interest payments, and it ify the chart the gentleman has, which for years to come. squeezes out domestic programs, and Now, what kinds of tax cuts are we is very graphic. The blue bar charts, children pay a heavy price, and we rob recommending now? I mean, we do not the blue bars above the horizontal axis our future so a few people can look produce numbers like this by accident. show the surplus that is accumulating good now. We have tax cuts like the repeal of in Social Security, for now. Mr. SPRATT. Mr. Speaker, the gen- the taxes on estates over $2 million. A b 2015 tleman’s point, and the point of the husband and wife, $2 million tax-free But it is for a limited period of time, gentleman before him, was that even in going to the next generation. $2 mil- this budget with big deficits, $400 bil- intended to be used for parents, for the lion. Then we start taxing after that. retirement of the baby boomers. The lion and more every year for the next 5 So when we talk about repealing the years, $2.1 trillion in the general fund, red bars that get deeper and deeper as estate tax, we are talking about repeal- you approach 2037 show the net cash additional deficits, additional debt; ing the tax on dead multimillionaires. outflow in the Social Security trust even with those bottom lines, we have That is what we are talking about. fund beginning in about 2017, which is these significant cuts already made in When we add to that the idea that they not that far away, 13, 14 years from this budget, and we are still running want to stop taxing dividends, we have now. almost a half a trillion dollars in the a bizarre vision for America where peo- Mr. SCOTT of Virginia. When we con- red every year. ple can inherit great wealth, invest it sider that we are spending the entire Mr. ETHERIDGE. Sure, and the gen- in stocks, live off the dividends tax- surplus, to continue spending at that tleman’s point is it will get worse. free, no tax on the estate, on the inher- rate, we will not have that surplus in Mr. SPRATT. Mr. Speaker, to further itance, no tax on the dividends. When 2017. So we are going to have to figure explain and clarify other things that we add to that some other provisions in out, have some plan to figure out how are buried in this budget is the gen- this budget where we protect capital to pay that. Are we going to raise tleman from Virginia (Mr. SCOTT), to from taxes, we know what Leona whom I now yield. Helmsley was talking about when she taxes? Are we going to cut spending? Mr. SCOTT. Mr. Speaker, I thank the said, only little people pay taxes, be- The gentleman has already indicated gentleman for giving me the oppor- cause those with great wealth can shel- that we could eliminate the entire Fed- tunity to again show this chart which ter that wealth with no estate tax, no eral budget that is nondefense, discre- shows over the years the spending of tax on dividends, and the other little tionary spending, we can eliminate the the Federal Government. provisions in the bill where capital is entire budget, that is, no roads, no edu- Now, a picture is worth a thousand not taxed, only little people will pay cation, NASA, everything, State De- words. We see under the Johnson, taxes. Every time we cut another tax, partment, foreign aid. Get rid of all of Nixon, Ford, Carter administration in it is down here. We have already gone it. Not cut it, eliminate it, and not be yellow where the deficit was; we see through the surplus and Social Secu- able to cover the on-budget deficit that what happened to the deficit during the rity and Medicare. we are running up now. Reagan and Bush years; and we see Now, what is the impact of this? So where are we going to get it? Are when Bill Clinton came in office under When we started, the projection was they going to raise taxes in 2017? And Democratic leadership, we passed a that the entire national debt would be then not only do they not have the budget that reduced the deficit. Now, paid, held by the public, we would have cushion, since we do not have the re- when this vote was taken in 1993, not a paid off all of that by 2008, and going serve, we are spending it; how will we single Republican supported that budg- into pay-off of all of the debt on the come up with this money? Frankly, I et. And right after that happened, we trust funds by 2011, 2013. We would be do not think they will come up with reduced the deficit. Slowly but surely debt-free. Instead, we are on this line: the money. They will just repeal Social each year the deficit became less and more and more debt. Security. And if that is not the plan, less and less until we started running a Now, we cannot run up debt without they ought to have some way of ex- surplus. When President Bush came in, consequences. What is the first con- plaining how they will pay Social Secu- we reversed course. We cannot produce sequence? The debt tax. This is what rity in the future. charts like this by accident. the family of four pays every year in The President, in one of his addresses Now, we have been asked, where is interest on the national debt. As we to Congress, said he intended to main- your plan? There is our plan. When the run up more debt, we have to pay more tain Social Security for those retiring Democrats controlled the budget, that debt tax, more interest on the national and those close to retirement, which is, when the Democrats controlled the debt. It is around $4,500 for a family of suggests to me that these people down House in 1993 and the Senate in 1993 four now; and because we are running here will not have any Social Security. and the President, we passed the budg- up the debt, by 2008, almost $6,500 every If they have no coherent plan, they et. In these years, President Clinton year, a family of four will have to pay ought to admit that they will elimi- vetoed many Republican budgets. They just on the debt. nate Social Security. And if they in- tried to close the government down, he We do not get anything for that. tend to pay Social Security, they vetoed the budget anyway, because That has already been spent. ought to have some coherent plan to

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.095 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H379 show how they are going to do it. All Our friend, the gentleman from Vir- the world. Surpluses helped us. Fiscal they are doing now is running up debt. ginia (Mr. SCOTT of Virginia), has al- discipline helped us. That is important We cannot continue to do that. A fam- ready pointed out this chart, and I for us to realize now as we are return- ily of four is already up to $6,500 inter- would like to suggest that this should ing to the era of massive budget defi- est on the national debt. It is getting be on everyone’s screen saver, on every cits. worse before it gets better. computer in America as we put the def- The gentleman from South Carolina How are they going to pay Social Se- icit in perspective. (Mr. SPRATT) has displayed great lead- curity? I think they have a stealth They were relatively inconsequential ership, but I worry so many folks back plan to eliminate Social Security when in the Carter years, the Nixon/Ford home find these numbers too large to the burden becomes too deep. They years. But then with President Reagan be comprehended. They are confused. have got all these retirement plans so we plunged into a sea of red ink which They are over-burdened in their daily that all those who are privileged to many Americans thought was irrevers- lives. They are worried about the war. have inherited wealth, they will be all ible. Then in the crucial budget vote in They are worried about unemployment. right. But the vast majority of Ameri- 1993, suddenly we got an upturn, even They do not know really how to grap- cans with no pension plan will be back developing a surplus. ple with numbers of this magnitude. where they were before Social Security But then again, another pivot point But this chart shows it better than was there. in American history under George W. anything else, this sea of red ink that We need answers. They are not deliv- Bush and his budgets, we are reaching we are passing on to the next genera- ering answers. They are not making even graver levels of deficit and debt. tion. any tough choices like we made in 1993, I think the gentleman will recognize President Bush mentioned in his tough choices that converted deficits that many of our constituents just State of the Union that each Congress, into surpluses. They are not making have an instinctive feeling that, well, each President should take care of its any tough choices. All the easy the President is a Republican and, own problems, but this budget is not choices. Anybody who wants a tax cut therefore, he is conservative and, doing that. gets one. Anybody who wants some therefore, his budget must be conserv- Mr. SCOTT of Virginia. Mr. Speaker, spending gets spending, unless it is ative. does the gentleman from Tennessee education or something important. Mr. Speaker, does the gentleman (Mr. COOPER) remember the vote in You do not get those. How are they from South Carolina think that defi- 1993? going to pay this? cits of this magnitude are conserv- Mr. COOPER. Mr. Speaker, I do. It So I think they need to come forward ative? was a very close vote. As I recall, it and explain how they will do this with- Mr. SPRATT. Absolutely not. was by a one-vote margin the Clinton out eliminating Social Security. And if Mr. COOPER. As I recall, the gen- budget was passed. you listen to their remarks talking tleman has already said these are Mr. SCOTT of Virginia. Mr. Speaker, about personal responsibility, you as- about to be the largest deficits in his- does the gentleman remember how sume that sooner or later your retire- tory. Is that conservative? many Republicans voted for that budg- ment will be your personal responsi- Mr. SPRATT. We warned that this et? bility. There will not be any Social Se- would happen, but we did not see, even Mr. COOPER. Mr. Speaker, as I re- curity to keep you out of poverty. in our admonitions, the severity of the member, zero. In fact, they excoriated Mr. SPRATT. I thank the gentleman problem we have before us now. the President’s budget saying that it from Virginia (Mr. SCOTT). Now I yield to the gentleman from Mr. COOPER. As I recall, the gen- would lead to depression and other cri- tleman has said that the deficit for fis- Tennessee (Mr. COOPER) who was here ses in the economy. from 1983 until 1994 when he ran for cal year 2004 is supposed to be about Mr. SCOTT of Virginia. And we made Senate from Tennessee. But before $300 billion, not counting the war in those tough choices without any Re- leaving the House of Representatives Iraq, not counting the war in Afghani- publican help, House or Senate. he cast one of the hard votes that a stan, not counting the war on ter- And does the gentleman remember number of us mustered the courage to rorism, not counting other important what they did in the next election? pass and that was a vote for the Clin- problems that need to be solved in our When they demagogued that vote, said ton budget in 1993, which laid the foun- Nation. So the deficit may well be $400 we made the tough choices, criticized dation for a decade of fiscal progress or even $500 billion. those choices, and they won 50 seats in during the 1990s, a period when the bot- A temporary deficit is one thing. As the next election. tom line of the budget got better and we know, sometimes a deficit is appro- Mr. COOPER. Mr. Speaker, many better and better every year until fi- priate to stimulate the economy, but Members were defeated for having done nally, in 1998–1999 we were in surplus what we are talking about are perma- the courageous thing, for having been a for the first time in 30 years. nent structural deficits in our econ- profile in courage. Mr. COOPER. Mr. Speaker, I thank omy. Mr. SCOTT of Virginia. Mr. Speaker, my good friend, the gentleman from Mr. SPRATT. If the gentleman will now we turn over a surplus to Presi- South Carolina (Mr. SPRATT). I appre- yield, the gentleman was in the invest- dent Bush and he has made no tough ciate your leadership on these vitally ment banking business for a period. He choices. He has cut taxes and increased important issues. I think many patri- knows the name Goldman Sachs. And I spending. Have they recommended any otic Americans wonder what those mo- understand one of their economists tough choices? ments are in American history when today said they predict that the unified Mr. COOPER. Mr. Speaker, they are we really do reach a turning point; and deficit for this year will be in the $400 few and far between in this budget. It to be honest with you, in all the con- billion range. That means that is after is a massive document of some 20,000 gressional debates there are very few netting out, backing out the Social Se- pages, I suppose. It contains many crip- real turning points. But I would like to curity surplus. The unified deficit, by pling cuts to our programs. Our col- suggest, as the gentleman has already their projection, will be in the $400 bil- league from North Carolina mentioned suggested, 1993 was a turning point lion range this year. several of them in the education area. when this Nation literally reversed its That is depressing enough, but the There are so many features that I hope fiscal policy and finally set our Nation problem is those deficits continue on the public will be aware of and we will on track towards reaching surpluses and on and on without any abatement. try to bring out in the debate. which many Americans had given up Mr. COOPER. The gentleman is so One feature that is particularly con- on ever seeing again. correct. And a huge deficit like that cerning to me is an unconstitutional And I would like to suggest that this hurts our economy. It creates higher provision that is in the President’s year, 2003, is another such turning interest rates. It hurts the employment budget. It is little known. It is on page point, as we dig deeper into the hole of statistics. And as I think most of the 318 of the analytical prospectus of the deficits and plunge future generations world knows, under the Clinton years second or third volume of the budget. into what is likely to be a permanent we had the most robust economy in the It actually says, if Congress has not and unresolvable debt load. history of this Nation or the history of completed its business by October 1 of

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.097 H11PT1 H380 CONGRESSIONAL RECORD — HOUSE February 11, 2003 this year, the budget will automati- ed, the economy kept going down and important point a moment ago. So cally revert to the President’s budget; down. And so some of this recalcula- many people in the other party feel whereas, the Constitution of the tion is an acknowledgment that the that deficits do not matter, deficits do United States gives that power exclu- President’s budget had caused the not matter; and I think that philos- sively to the Congress of the United economy to tank, and they had to re- ophy is not only wrong, it could lead States, not to the White House. calculate it based on the new numbers. our Nation into serious economic trou- And that allows this administration, When President Clinton’s budget was ble for decades to come. with a handful of Senators, to clog up adopted, they always underestimated I would like to suggest to the gen- the budget process, and then automati- the effect because that budget was im- tleman, I even heard some of my col- cally, without a single vote taken by proving the economy and every year leagues across the aisle say that defi- this body, turn over the budget to this the economy was doing even better cits are a good thing. There is an arti- administration. That is one of the most than expected. The stock market was cle today in the New York Times radical proposals I have ever heard improving; unemployment was going quoting a leader in the other party say- mentioned in public policy debates. down. ing that a deficit is a good thing be- And yet it is in this President’s budget. When this President’s budget was cause they shrink the size of govern- That is why I asked, as I mentioned adopted, things just kept getting ment; and I would suggest that sort of to the gentleman from South Carolina worse. And they had to recalculate it philosophy is not only not conserv- earlier, this is not a conservative budg- based on that new forecast. So it is all ative, it is one of the most radical ap- et. There is a radical budget. This is an not just technical miscalculations. proaches to government that I have irresponsible budget that is leading our Some of it, a lot of it, is recalculation ever heard of, to pretend that red ink Nation perhaps on the road to ruin. No based on how poorly the economy was of this volume and dimension does not American wants to see that. doing. matter and that it could actually be a It is the responsibility of a two-party Mr. SPRATT. Furthermore, we now good thing. system to point out problems. And cer- know that the surplus is gone, per Mr. SCOTT of Virginia. The gen- tainly Democratic budgets in the past OMB. They have acknowledged it. CBO, tleman indicated that deficits reduce have sometimes not been perfect, but the Congressional Budget Office, says the size of government. Is this budget we can be proud of this record of actu- the same thing. That ought to be an coming in not presented to us larger ally achieving a budget surplus for the alarm sound calling for us to begin de- than the one before? So it does not re- first time in American history, I think, veloping plans like the plan we devel- duce the size of government. When we since before the Depression, 3 straight cut all these taxes and reduce revenue, oped with the President’s father in years of surplus were achieved. And we are not reducing the size of govern- 1990, the Budget Summit Agreement, that is an important record of achieve- ment. We are just running up debt on the Clinton budget in 1993, the Bal- ment that we need to continue, not a which we have to pay interest. anced Budget Agreement of 1997. Three road with this massive flood of red ink. Mr. COOPER. As the gentleman from Mr. SPRATT. Mr. Speaker, the point times in the 1990s we did extra-special Virginia so wisely pointed out, that I was making at the outset is, 2 years exercises on the budget that ratcheted puts a debt tax, an unrepealable tax on ago OMB projected a surplus of $5.6 down and helped put us in a surplus for future generations for all time in the trillion. The Bush administration then the first time in a generation. amount of $12 billion forever just due enacted a massive tax cut taking ad- b 2030 to the debt we are running up this vantage of that big surplus. They now This budget acknowledging the prob- year. That is an irresponsible fiscal acknowledge that they overstated, mis- lems it has got now and in the foresee- policy. That is a radical fiscal policy. calculated by some $3.2 trillion. It real- able future does nothing. The most It is not a conservative fiscal policy. ly was not $5.6 trillion in surplus. It that they offer is a new disdain for I think that is what so many of our constituents back home are failing to was more like $2.4 trillion in surplus. deficits. They basically say deficits do The problem is that tax cuts have realize because these numbers are so not matter, a trillion here, a trillion largely already committed that large, the problems seem so vast, they there; it is no big deal. amount of money. As we begin this fis- are preoccupied with the war and with Mr. SCOTT of Virginia. Mr. Speaker, cal year, instead of having a cushion their own personal situation, that will the gentleman yield? fund, a huge surplus of $5.6 trillion, we when they are presented with a multi- Mr. SPRATT. I do. are in the red. We have fully dissipated trillion dollar budget, it is hard to take Mr. SCOTT of Virginia. Does the gen- that surplus and we are in the red $129 it seriously, when, in fact, we are tleman know who said the budget def- billion. reaching a turning point in American icit is a stealth tax that pushes up in- But they, knowing that, proposed ad- history, and we do need to take action, terest rates and costs the typical fam- ditional tax cuts and additional meas- we need to bring these problems to the ily $36,000 on an average home mort- ures that would drive us deeper in the American people’s attention so that gage, $1,400 on an ordinary student loan red over the next 5 years to the tune of they can respond and call for fiscal re- $2.1 trillion which is intentional. You and $700 on a car loan? sponsibility and fiscal sanity because could at least excuse what happened Mr. SPRATT. That is Senator DOLE, we are not seeing enough of that today before as negligent miscalculation. I do I think. The point we are trying to in Washington, D.C. not. I think they should have seen the make now is that we may have a tax I would like to commend the gen- storm clouds gathering over the econ- cut today, but if it ends up causing the tleman from South Carolina and the omy and understand that the surplus government to incur more debt, the gentleman from Virginia for their com- was overstated; but chalk it up to neg- debt has to be paid. It has to be serv- ments. ligence. This is willful, wanton, and in- iced. Interest on it has to be paid; and Mr. SPRATT. Let me wrap up and let tentional. eventually, the people that pay taxes us bring it to a conclusion because the Mr. SCOTT of Virginia. Mr. Speaker, will have to service that debt, and gentleman has been in investment when the gentleman talks about the there is a debt tax, a stealth tax that banking for the last 6 or 7 years, and calculation being a miscalculation, is will come due, not in the near term, the gentleman knows that traditional some of the calculation not a recal- but whenever we do not have a surplus economic theory for as long as we have culation based on how poorly the econ- to charge it to anymore, and we do not, known anything about it has held that omy was doing after the President’s then what we do is charge it to the deficits have the same effect that any budget was adopted? next generation, and that means our supply and demand function has. The Mr. SPRATT. Mr. Speaker, there is children and grandchildren. government goes into the capital mar- no question about it. A lot of the eco- So we can have it all in this budget. kets. In addition to private borrowers, nomic effect was already in place be- They pay the tax. They pay the bill, it elbows out the private borrowers. It fore 9/11. That is a key point to under- the debt tax. runs up interest rates, and high inter- stand. Mr. COOPER. Mr. Speaker, if the est rates stifle growth in the long run. Mr. SCOTT of Virginia. Mr. Speaker, gentleman would yield, the gentleman So we may get a little bit of kick after the President’s budget was adopt- is so correct. He made an extremely right now out of running a deficit, but

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.098 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H381 in the long run we have got the debt to them on home. Well, no, no, no. If we the boys on the baseball team were pay; it is a fiscal drag on the economy. do that, then there is world instability, barefooted. But not so today. These Secondly, it is a form of dissaving. particularly in this region of the world kids today have to have $60 and $70 of When the government borrows the which is stable right now. Do not pull tennis shoes and that is part of being a money it is just like an individual bor- them out, and yet America has to re- family these days. We have got all rowing money. He is dissaving rather spond when North Korea, largely be- those expenses and then doggone it, we than actually saving and that takes cause of the inept policies of the pre- save up a little money and say, well, away from the savings pool that we vious administration, goes on an accel- we are going to sneak on down to Flor- have got for capital formation and erated path to nuclear weapon develop- ida, spend the weekend in Daytona, building the productive assets of this ment, then America has to step in have some fun. Well, the washer breaks country, and over the long run it there. or we have got to do something as glo- means we are not as productive as we Unfortunately, so many of these rious as buy a new set of tires for our otherwise would be. things cost a lot of money. Thirty- car or we have got to do something else Then, finally, there is a moral aspect, seven thousand troops in the Korean that is not as much fun, but it is essen- which I just mentioned. When we peninsula, that is very expensive; and tial to spend money on. charge our excesses to the deficit, we we have troops in Afghanistan. We That, Mr. Speaker, is what President are charging it to the next generation, have troops in the Balkans still; and of Bush has done with this budget. He namely, our children and grand- course, we have troops right now in Ku- said there is a lot of things out there children. No way around it. wait and in the Middle East. that we want to have, but we are not Everybody’s recognized that moral as- I think as much as none of us want a going to be able to do; but there are pect in the past. This is an deficit, I believe all of us, even the other things out there that we need to intergenerational thing. They will not doves in this body, even the folks who do, and we are going to do that. only have to pay our Social Security feel like France and Germany are One of these things, Mr. Speaker, deficit and Medicare deficit, they will right, I think that they would admit along with the troops, is trying to get also have to pick up the accumulated that we have to defend ourselves, and jobs going because nothing will turn debts, the other things that we chose so we do have a deficit budget. I do not the economy around more than jobs. I am not sure where the Democrats not to pay in our time because of this like it anymore than anybody else, and in this body go to school. I am sure budget. I know the gentleman from Iowa (Mr. they go to some good public schools Mr. COOPER. The gentleman is an NUSSLE), the chairman of the Com- and some good private schools; but, Mr. excellent economist, and another great mittee on the Budget, is going to do ev- Speaker, somehow they failed in eco- economist is our own Federal Reserve erything he can to bring down the def- nomics and history because economics chairman, Alan Greenspan, who said, icit and move us back into surplus. In the meantime, Mr. Speaker, it is and history will show us that President History suggests that an abandonment more important for America to sur- Kennedy and President Reagan reduced of fiscal discipline will eventually push vive; and I think as I have seen so taxes; and when they did, the economy up interest rates, so deficits do matter, many of our troops from Fort Stewart responded and created more jobs, and crowd out capital spending, lower pro- deployed, the third infantry division more revenue came in. In fact, it dou- ductivity growth, and force harder which I am proud to be wearing their bled in these cases; and if we just think choices on us in the future. emblem tonight, I think we have got to about it for a minute, it makes sense. We should be listening to Alan keep in mind these soldiers are out Under the Bush tax reduction, 92 mil- Greenspan. We should be listening to there in the foxholes for our freedom lion Americans will get about a $1,000 the gentleman from South Carolina and our security, and they need great tax reduction; 34 million American and the gentleman from Virginia be- equipment. They need modern equip- with children will get $1,400 in their cause deficits do matter. They are ment. They need readiness in all areas pocket; 6 million single mothers will hurting this economy, and we need to of the globe. So our budget addresses get $541 in their pocket; and 13 million return to the fiscal discipline that we is. elderly taxpayers will get $1,384 in saw in the previous administration and In fact, our budget, which for fiscal their pocket. live within our means because our Na- year 2004, will be about $2.2 trillion. If someone puts $1,000 in my pocket, tion is embarking on long-term struc- That is a 4 percent increase. I would I am going to try to spend some of it, tural deficits today that we may never like to, frankly, see it decreased, but and I am going to try to save some of be able to erase. again, with the world situation, some- it. I want to save some for my kids’ Mr. SPRATT. Mr. Speaker, on that times we cannot control this. college education, want to save some point we conclude. I thank the gentle- About 5 percent of that increase for my own retirement; but also I am men for participating. comes directly because of military, and more likely going out and maybe buy f then in the other categories, not all of that new shirt that I know I have been THE BUDGET them, there are a lot of reductions; but needing to buy or maybe buy some- there is about a 3 percent increase, and thing for the house that I needed to The SPEAKER pro tempore (Mr. that is comparable to the average fam- get, get a new crock pot for the kitch- MURPHY). Under the Speaker’s an- ily budget. en or something like that. nounced policy of January 7, 2003, the Mr. Speaker, I had an opportunity to When I do that, small businesses will gentleman from Georgia (Mr. KING- meet the Chair’s family this last week- respond. They will say, hey, look, more STON) is recognized for 60 minutes as end, and my family, some of them were consumers are buying, they have got the designee of the majority leader. with us and some of them were not; but more money in their pocket, let us put Mr. KINGSTON. Mr. Speaker, I want Libby and I have four children, and one on a new shelf of inventory. When we to thank my Democratic colleagues for thing about it, when a person is raising do that, hey, we need a new salesclerk their comments on the budget. I think kids, they never have quite enough to help us move this inventory. When that their ideas are useful and good. I money. They have to buy. They do not the new salesclerk comes, well, sud- think they also know, and although begrudge it. They have got to buy their denly we have got somebody who may they were not really talking about it, clothes and school supplies, and then if have been on welfare before who is now that we are at war. America has been they play sports, they have got to buy working, and then they are paying attacked. America needs to respond. At sports equipment; and what I found taxes; and before we know it, the rev- this point, America continues to be the out, much to my chagrin, is that if enue to the local government, to the world leader. John Kingston is playing football, he State government and the Federal Gov- It is interesting that when people cannot use the same cleats for soccer ernment goes straight up. That is the say, well, why do we have 37,000 troops and baseball, whereas the Chair and I, idea behind the tax reduction; and, Mr. in South Korea? Well, if we talk to the Mr. Speaker, had one pair of cleats fit Speaker, I believe that is one reason folks who live in South Korea or in all. why we need to pass it and pass it now. China or Japan, and say maybe we In fact, I went back to my elemen- The Democrats’ thinking on this should move those 37,000 folks, bring tary school baseball picture, and half model is, okay, we will vote for the tax

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.100 H11PT1 H382 CONGRESSIONAL RECORD — HOUSE February 11, 2003 cut, but we want to postpone it. We do and I am going to have to go back to Mr. Speaker, I have been joined by not want it, so married couples should Chicago. I’ll have to arrange for the my friend, the gentleman from Florida not be having the marriage tax pen- kids back home, because I have got to (Mr. LINCOLN DIAZ-BALART) and we are alty, and we agree with that, but we do see what Mom’s needs are. My good- going to talk about a judicial nominee; not want that to take place for 4 or 5 ness, maybe it is time to put Dad in but before we go to that, I wanted to years. Well, hey, if it is right, do it the nursing home. Do we do this? I invite my friend from Florida to jump today; and that is what the Bush plan have to call my brother in from Se- in on the question of Iraq. I know in is, is to accelerate these things. attle. the great State of Florida, just like But I think this is part of our budget, These are the day-to-day questions Georgia, the gentleman has a lot of Mr. Speaker, because turning the econ- facing these families back home. It is anti-war protestors. omy around is so very important; and very, very difficult. And I think we I have heard Richard Armitage say, when the Republican conservative eco- should at all times, whenever we are and I believe this myself, people have nomic policies kicked in in 1995 after thinking about the soldiers in the field, the right and the duty to hold us ac- the Republicans took over this body, we should also remember the families countable for decisions that send the President at the time reluctantly back home. young men and women in harm’s way. helped us pass some tax reductions. I think we should also be appre- I think my colleague and I should be The economy took off and revenues ciative of the great job that groups like subjected to all the criticism that they went up, and we were able to balance the USO, the United Service Organiza- have to offer. But I would also ask the the budget. tions, the Red Cross, groups like war protestors to be intellectually hon- So I believe that it is very timely to Southern Smiles and other volunteer est and look at some of the facts. Be- pass a tax reduction to reduce the def- groups across the country who are cause if you are just against war, maybe we should ask you this ques- icit, and I hope that our Democrat sending care packages to these soldiers tion: Have there been any wars that friends will join us in that as they have and remembering them; getting them have benefited you? Did the Revolu- in the past. Chapstick, getting them soap, getting tionary War benefit you? Did the Civil The average American family has an them deodorant, getting them comic War benefit you? Did World War II ben- income of $39,000. This cut would pro- books and getting them Bibles. efit you? Surely, in every case the sol- vide them with an additional $1,100 a In fact, when I went to see some of diers and the political leaders, gen- year. Again, Mr. Speaker, that is sig- our soldiers depart, as they were get- erally speaking, did not want war; and nificant money and something that we ting on the plane, the Red Cross was yet there were wars, terrible, horrible want to do. giving out camouflage Bibles. I never wars, and sometimes the benefits of I also wanted to comment on some had seen a camouflaged Bible before, those wars outweighed the tragedies. other issues tonight, Mr. Speaker. The but I know that within the binder of We are free today. We do not have to situation in Iraq. As I mentioned ear- that book is the truth that surpasses worry about an Adolf Hitler. We are an lier today, I had the opportunity to all understanding and that everybody independent country today because our meet with the wives whose husbands needs these words of comfort in times of peril. forefathers fought Great Britain. are in the third infantry division, Fort Things like that are often the result Stewart, Hunter and Savannah, Geor- Mr. Speaker, I also wanted to talk a little bit more about the war pro- of human conflict; yet the war gia. About 18,000 soldiers are deployed protestors would rather say, well, we testers, because we hear so many peo- to the Middle East right now, a huge are just against this because we are ple in America who think that we are loss in our area in terms of our neigh- going to kill innocent people. America the aggressive country here. And a lot bors and our friends; but we cannot is not the folks who are using humans of folks are asking, well, why are we at have soldiers in the field without the as shields; it is Saddam Hussein who is war? The truth is so many of these war families back home. moving people into weapons areas and protestors do not want to hear the 2045 targeted areas. So I think we have done b facts on it, but I wanted to go over We cannot have an army in the field almost everything we can through the some of these things. U.N. I hope the U.N. will get on board. without the supply folks back home First of all, let us remember, Saddam I hope Saddam Hussein will say, okay, making sure that the Army has the Hussein and Iraq have invaded their guys, I give up. I hope that there is not material they need to fight the war. own Middle Eastern neighbors, Iran a war, as I know the President and all And these women in the Fort Stewart- and Kuwait. They are a factor of insta- the soldiers hope there is not a war; Hunter Wives Organization are just as bility in their own region of the world. but there does come a time when you brave as the soldiers on the front line. Indeed, it is obvious at times like these have to move forward. Indeed, they are on the emotional front that we do not see any of their neigh- If the gentleman would like to speak, line. One of the messages that I gave bors coming to their aid. They are not I would be happy to yield to him. them was that 435 Members of Con- jumping up and down to say ‘‘Go Amer- Mr. LINCOLN DIAZ-BALART of gress, Democrats, Republicans, Inde- ica,’’ for obvious reasons; but why is it Florida. Mr. Speaker, I want to thank pendents, city, rural, everybody appre- that these countries are not coming to the gentleman from Georgia for yield- ciated what they were doing, staying the aid of Saddam Hussein, if he is such ing to me. I was listening to the gentle- at home. a great person, according to some of man’s remarks from my office and de- Even if you are in Kuwait, you are the war protestors? cided to come down precisely to ask to often dealing with other adults, and We know for a fact that he has vio- join him for just a few minutes because sometimes that is easier than dealing lated 16 U.N. treaties that have been I very much agreed with what he was with children back home who lose their passed since Desert Storm, and yet in saying. books, who lose their shoes, who need the face of that, the U.N. seems very I heard the gentleman speaking first to be picked up at 3 o’clock but do not reluctant to enforce their own treaties. on the President’s economic plan to show up until 3:20, and, in the mean- So again it has to come back to Amer- help create jobs in the United States. time, across town you have soccer ica, and America is the one that has to Eighty percent or more of the jobs in practice. And then you have other fi- do something about it. the United States are created by small nancial problems: taxes that are due, Saddam Hussein has not accounted business. And in my district, when I insurance payments, should you take for 25,000 liters of anthrax. He has not started to talk about the President’s the higher deductible, the lower de- accounted for 38,000 liters of botulinum plan, what impressed me was the ductible, do we still need collision in- toxin. He has not accounted for 500 amount of small businessmen who surance, and then there is the home tons of Sarin, mustard and VX nerve spoke to me and told me that that pro- mortgage renegotiation. Hey, interest agent. Item after item which the weap- vision in the President’s plan to triple rates are down. We are paying 6, 7 per- ons inspectors have tried to put their the amount that a small business can cent interest. Maybe we can get an ad- finger on he has hidden from them. deduct from its taxes to make equip- justable rate mortgage for 21⁄2 percent. This is why we are concerned about ment purchases, in other words to ex- How do I do this? Oh no, Mom is sick what is going on in Iraq. pand the small business, is something

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.102 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H383 that will immediately not only inure ing the leadership of George W. Bush has done so repeatedly, but I happen to to the benefit of those small businesses and facing a new initiative by the thank God repeatedly, and obviously but will produce growth in those small United Nations Security Council, he the American people, for having elect- businesses, will produce new small still, as the President reminded us a ed a leader like the American people businesses and, thus, will produce jobs few days ago here, has not provided elected in November of 2000, a leader of in this country. any evidence whatsoever of the de- the United States of America and of The President’s plan is multifaceted. struction of his weapons of mass de- the Free World who, despite all the It will create jobs in many ways. And I struction. pressures, despite all the difficulties, think it is incumbent upon us in this In addition to that, he is close, as we he is doing everything imaginable, ev- Congress to have a vigorous debate but have seen from declassified documents erything possible to comply with the to act quickly and pass that plan. from British intelligence, close to ac- first obligation of government, which Of course, as the gentleman was say- quiring a much more dreadful and dan- is to protect the people. ing with regard to the reality of the ty- gerous weapon of mass destruction: a Mr. KINGSTON. Absolutely. Yet at rant in Baghdad, I think the President nuclear weapon. So, as the gentleman the same time, a man of great sincerity just a few days ago, when he spoke here from Illinois (Mr. HYDE), the distin- and religious conviction who has said before us, made a very convincing case guished chairman of the Committee on repeatedly he does not want war and when he reminded the American people International Relations, said recently does not take any of these decisions and the world that that tyrant in when he testified before the committee lightly. This is all done void of politics, Baghdad has used in the past weapons that I am honored to be a member of, void of reelection, void of election, void of mass destruction. He not only pos- the Committee on Rules, and somebody of polls. This President does these sesses weapons of mass destruction, in said, well, where is the smoking gun? things for the right reason. the case of chemical weapons, biologi- The gentleman from Illinois said, I cal weapons, but he has used those think what we have an obligation to do Mr. LINCOLN DIAZ-BALART of weapons against people within his own is to do everything possible to avoid a Florida. That is correct. country. smoking city. Mr. KINGSTON. I wanted to ask the Mr. KINGSTON. In fact, if the gen- How will the American people and gentleman. The gentleman is from tleman will yield, he used it on the history judge us if, knowing as we do Florida. The gentleman has been a Kurds and caused 2 million to be refu- that that tyrant in Baghdad has weap- leader in so many different issues and gees into Turkey and Syria and other ons of mass destruction, and knowing an active member of the Committee on neighboring countries. Two million ref- as we do that he has the relations that Rules and someone who has certainly ugees because he used chemical weap- he has with other international terror- been very active on the question of ons. ists, we simply acquiesce in doing American relations with Cuba. I do not Mr. LINCOLN DIAZ-BALART of nothing because, for example, some of want to touch base on Cuba, but I know Florida. So he had obviously an obliga- our allies wish to do nothing? No, we that your brother talked to the Presi- tion, after he lost the war in 1991, to rid have a responsibility. We have a re- dent about it this weekend, and I himself of all weapons of mass destruc- sponsibility to avoid a smoking city. thought the President, as usual, ap- tion. He not only did not do so, but in Mr. KINGSTON. If the gentleman proached the whole question not with 1998 he expelled the United Nations in- will yield, I think he has put it well. If politics, but with conviction. spectors. we can go back to the pre 9–11 USA, Mr. LINCOLN DIAZ-BALART of Now, the fact is that the inter- there were tremors. As the gentleman Florida. I appreciate the gentleman national community then, despite the said, in 1993, the bombing of the World from Georgia bringing that subject up fact that it had imposed a requirement Trade Center, embassy bombings two because while we are on the subject of on the tyrant in Baghdad to get rid of times in Africa, the USS Cole in terrorist states, it is important to re- weapons and to permit inspections of Yemen. There were not just terrorist mind our colleagues and the American the process of getting rid of those attacks but terrorist activities, and we people that there is one such terrorist weapons, despite the fact that he not had an opportunity to monitor it clos- state 90 miles from the shores of the only did not get rid of the weapons, he er, but that did not happen. As is al- United States, a terrorist state that not only did not facilitate the process ways the case when we look back, we harbors multiple terrorist organiza- that he had to because of resolutions of see these red flags. And a lot of people tions from throughout the world. the international community by way of have said, well, should we have done the Security Council, he not only did In this hemisphere we are facing ex- something? Well, now we have red flags traordinary tragedies on a daily basis, not cooperate, but he expelled the in- all over the globe, and the President is spectors. especially in the wonderful country of doing something. Yet those same peo- Colombia whose people elected a presi- The fact that the international com- ple who wanted a special independent munity, at that time led by the United dent just months ago, and they have commission to look into 9–11, now they come together and they are fighting States, did nothing does not excuse the are saying you are a warmonger be- inaction. The fact is that there is a heroically against terrorism. Yet those cause you want to do a preemptive terrorist groups that are attacking on President now who does not want to strike. see and who certainly wants to do ev- a daily basis the people in Colombia re- erything in his power to prevent what b 2100 ceive not only orientation but guidance has occurred repeatedly in the past You cannot have it both ways. This and, in effect, are in all sorts of deal- decade. action against Saddam Hussein enables ings with the tyrant in Havana. In 1993, there was a terrorist attack your family and my family to go to The reality of the matter is that the in New York that could have been Main Street, to Wal-Mart on Saturday tyrant in Havana harbors terrorists not much worse. It was a direct act of afternoon and the workplace 5 days a only from Colombia, from throughout urban terrorism, which happened to be week and not worry, and that is what the Western Hemisphere, from Spain, at the same site of the attack that we have the right to do as Americans. the Basque ETA terrorists, they have a killed 3,000 people on September 11, Mr. LINCOLN DIAZ-BALART of base in Cuba. Just recently terrorists 2001. But the attack occurred already Florida. We have an obligation. I agree from the IRA Irish organization based in early 1993, another attack, and then with the gentleman. I think the pri- in Cuba were arrested in Colombia for multiple other attacks occurred after- mary obligation of government is to providing training to the Colombian wards in that decade. And the reality protect the people. The reason people FARC terrorists in urban warfare. We of the matter is, as we said before, the came together and formed government have seen recently a dreadful, horrible tyrant in Baghdad has used weapons of in the first place was to protect them- increase in the urban bloodshed, in the mass destruction against people within selves from common enemies of the urban terrorism, in the bloodshed Iraq, and he has not only not gotten rid community. And so I think the Presi- caused by the urban terrorism. Terror- of the weapons as required by inter- dent has not only made a case, a very ists have trained those Colombian ter- national resolutions, but even now, fac- impressive case, he did so here and he rorists, terrorists based in Cuba. There

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.104 H11PT1 H384 CONGRESSIONAL RECORD — HOUSE February 11, 2003 is this entire network that finds har- people and the President was very ex- and to worship in the churches of our bor, of terrorism, international ter- plicit on this, some people say, well, we choice and to associate with whomever rorism, that finds safe harbor in Cuba. have trade with China, why not with we wish to associate in freedom, but And that is a reality. Cuba? The President was not only ex- that has, through the ultimate gen- I was very pleased with the Presi- plicit, but went at length in explaining erosity of spirit of the American peo- dent’s answer, because some people get the differences. ple, permitted a refugee child who ar- confused when we deal with, for exam- There has been a capitalist resur- rived at age 4 to be elected to the Con- ple, the trade ban on Communist Cuba gence in China with an entrepreneurial gress of the United States and along and we say, we insist on three steps be class and many differences and some with our other colleagues participate taken in Cuba before there is a normal- decentralization of power, many dif- in the process of making laws for the ization of relations with the United ferences from the Cuban situation. So American people? Only a country of ul- States: Legalization of all political even though I happen to have been and timate spiritual greatness and gen- parties, labor unions, the press; libera- continue to be an opponent of business erosity permits something like that. tion of all political prisoners; and the as usual with Communist China, I And so that is something that not scheduling of free and fair elections agree with the President that there are only we recognize as people who have with international supervision. When substantial differences. I think it was come, in my case I know there are those steps happen, there will be nor- very appropriate for the President to other Members of this House who also malization, and until those steps hap- have brought out and demonstrated immigrated to this great land, not only pen, there will not be. once again his clarity, not only of vi- do we recognize it, but we are reminded President Bush is very clear and from sion but his grasp of the details with of it each and every day, the compas- the very beginning has made it very regard to important policy matters. sion of the American people, the great- clear that he will not, and he has said Mr. Speaker, I would like to, if I ness of the American people, the gen- so, he will veto any attempts if he has may, I know the gentleman from Geor- erosity of spirit of the American people to to normalize relations until and un- gia has been one of the most interested has no parallel in the world. That is why it hurts us so deeply less those steps are taken, because the Members of this House with regard to when we see in other places of the Cuban people, like the rest of the the need and the appropriateness to world, now, for example, when the world, deserve freedom as well. recognize the great accomplishments Mr. KINGSTON. Right now we have of the Hispanic community in the President is trying to lead an inter- national coalition to disarm a tyrant some limited trade. We can trade with United States. I not only commend you who has weapons of mass destruction them, but it has to be on a cash basis. for that, but thank you for your soli- and is threatening the world, when we Mr. LINCOLN DIAZ-BALART of darity and always your sensitivity and see allies, in some cases allies who had Florida. He has got to pay. your compassion to the Hispanics in American GIs go and liberate them Mr. KINGSTON. That is for food and this country and to Hispanic issues. for medicine? Mr. KINGSTON. One of the great twice; and it takes going to the ceme- Mr. LINCOLN DIAZ-BALART of parts of my childhood growing up in teries in France and in Belgium and Florida. Yes. Athens, Georgia, it was not so great for throughout Europe to see the heroism Mr. KINGSTON. But there is a pres- them particularly at the time was and the greatness of the American peo- ple, that twice in the 20th century lib- sure to put tourism dollars in it. We when so many Cubans fled Castro and erated Europe, to see allies putting up have kind of drawn the line, this Con- Athens, Georgia, was one of the towns now the roadblocks and the difficulties gress has. that they arrived in. I was raised with in the path of a President who wants to Mr. LINCOLN DIAZ-BALART of Maria Saladriguez and Rosa Chavez rid those allies’ peoples, of the threat Florida. What the dictatorship in Cuba and all kinds of kids that came in the of weapons of mass destruction from a most wants is the American tourist 10th grade and assimilated fairly dollar, because the American tourist tyrant in Baghdad. It hurts. quickly. But it was interesting, as we Mr. KINGSTON. I wanted to ask the dollar, which would be billions even in went to their house, they were still gentleman, you do not really talk the first year, would provide the re- speaking Spanish; and their parents, about your story so much, but I think pressive machinery obviously with a who often had been physicians and pro- it is important. A friend of mine back boost like it has not had in decades. fessional businesspeople in Cuba, in Ha- in Savannah named Herman Cranman And the apartheid system that exists vana, were now reduced to working in wrote a book called ‘‘A Measure of there where, for example, those tourist laundromats and doing manual labor in Life.’’ In it, he talks about his World centers and the hospitals and the won- America. War II POW experience. He said he derful health centers, they are for peo- I actually sold my house to a guy went into World War II as really a ple with foreign currency, with dollars, named Roberto Casillo in Savannah, naive, young, idealistic kid and grew, tourists, and of course the hierarchy of Georgia, and his family was among of course, during the experience to see the dictatorship. The Cuban people that crowd. His dad had been a doctor otherwise, but never lost his idealism. have no access to those things. over there and it did not transfer. But But when he was captured, he said But to maintain that system, obvi- all three of his sons became physicians. something very profound. He said as a ously the dictatorship seeks the infu- They are all practicing in Georgia. born American living with freedom, sion of hard currency. The way in What I have appreciated about the freedom to me was like the water com- which the dictatorship could have the people who had to leave Cuba, who love ing out of the tap in my kitchen. I largest infusion of hard currency would Cuba to this day but cannot stand Cas- didn’t think anything of it until I be with the American tourist dollar. tro, love America even more and have turned on the tap and it wasn’t there. What we are saying is, and President embraced America with this big bear When he was in a German POW camp, Bush agrees, liberate the political pris- hug and taken on all rights and privi- he found out what freedom was. What I oners, legalize political parties, labor leges that, wait a minute, this is the have seen in you and in your brother unions, the press, and schedule free land of the free, the land of oppor- and in Ileana Ros-Lehtinen is that you elections, and then there will be nor- tunity. appreciate freedom every day, which malization. Then you can have your Mr. LINCOLN DIAZ-BALART of we native-born Americans do not quite tourist dollars. Not before. Not when Florida. How are we going to feel about have the full view of so often. Yet I the tourist dollars will inure to the a nation, about a country that, for ex- think in many cases people do realize benefit of the repressive machinery. ample, in my case when I also was a it. The President, and he was very clear refugee child like those friends that But here is what I want to know. Tell again at the retreat in West Virginia you talked about that you grew up me about coming over here at 4. What this weekend, he made it clear that, with, and I had to leave with my fam- were your parents doing in Cuba? How number one, the policy is clearly root- ily as a refugee when I was 4 years old did you get out? Because I think people ed in a purpose, to contribute to a and arrived in this country. How are we would be interested in that. democratic transition from a terrorist to feel about a nation that not only Mr. LINCOLN DIAZ-BALART of regime 90 miles away. And also some permits us to go to schools in freedom Florida. It is obviously an interesting

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.105 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H385 story. It obviously is personal, and I cases get heard by the Supreme Court, want the Republicans to nominate think at some point it might be appro- and obviously only someone of extraor- somebody who is Hispanic. They want priate to talk about it, but I do not dinary talent and ability can argue on to have the lock on it. Maybe that is think necessarily it is the time to do so behalf of the Government of the United the idea; I do not know. now. States as an associate solicitor general But I do know this, that if we com- Suffice it to say that those examples before the Supreme Court. Fifteen pare Miguel Estrada’s qualification that you talked about, the people cases he argued before the Supreme with Merrick Garland, Garland was 41 whom you met and my family and all Court. when he was nominated, 44 and 41. who come from this particular vantage He is an extraordinary symbol of suc- They both were Phi Beta Kappa. They point of a country that was lost to a cess of what is referred to as the Amer- both graduated magna cum laude from totalitarian tyranny and had the op- ican dream. But I know it must seem Harvard. They both did the Harvard portunity to come here and live day in hard to believe, but the Democrats Law Review as editor. They both have and day out, the miracle of freedom, it have now said that they are going to served as law clerks for the U.S. Court is true what you have said that we not stop in the Senate President Bush’s of Appeals Second Circuit. They were only do not take it for granted, but nomination of this jurist, of this ex- both law clerks for the U.S. Supreme that there is not one day that we are traordinary young man, President Court. They have both done 7 years pri- not cognizant of the miracle of free- Bush’s nomination of this man to be in vate practice. Mr. Estrada was 2 years dom. the second most important court, a with the Assistant U.S. Attorney; Mr. With your indulgence, I would like to member of the second most important Garland, 3 years. They were both with the U.S. Justice Department, in point out a story about a young, still a court in the United States, the court of Estrada’s case, 1992 to 1997; in Gar- young man who is also Hispanic. He did appeals here in the District of Colum- land’s case, 1993 to 1997. They both had not come from Cuba. He came from bia. His name is Miguel Estrada, and bipartisan support. Garland, 100 days Honduras. now the Democrats are saying that be- before the Senate approved his nomina- Mr. KINGSTON. But he is still an im- cause he is not a leftist, because he tion. Estrada, 631. The only difference migrant and came over here. does not have a record of leftist, ex- in this category is race, 631 days com- Mr. LINCOLN DIAZ-BALART of tremist, so-called accomplishments, pared to 100 days. Florida. That is correct. He came when whatever they are supposed to be, that the Senate is not going to confirm him. Mr. LINCOLN DIAZ-BALART of he was 17 years old. Like so many of us, Florida. One of the ways in which the obviously the dream of his family, and In the long history of the Republic, in that second most important court in Democrats are objecting to Miguel his dream as well, was to be able to live Estrada’s nomination, they are saying in this marvelous country of freedom the United States, the District of Co- lumbia’s Federal Court of Appeals, we want to see the internal memoranda and to have a chance to work hard, to that Mr. Estrada wrote when he was an there has never been a Hispanic nomi- have a chance to work hard and live a assistant solicitor general. We want to nated by a President of the United dignified life that he, his family and all see the internal memoranda because, States just like there has never been a Americans could be proud of. number one, we want to see all the in- Hispanic nominated by a President of b 2115 ternal writings and, number two, we do the United States to the most impor- not like Mr. Estrada because he is not And this young man came over at age tant court, to the Supreme Court of a judge already. Those are the two 17, did not speak English, got to work the land. This man with the extraor- main arguments that are being used immediately, though, worked so hard, dinary record that he has where even against Mr. Estrada by the Democrats. was such a good student that he was the American Bar Association, which Let us analyze those two roadblocks able to go to Columbia University, ob- cannot be called a conservative organi- that are being put down by the Demo- viously on a scholarship. His parents zation under any measuring ability, crats to try to stop Miguel Estrada’s did not have the money to send him. the American Bar Association says confirmation. There have been 67 cases He worked so hard in Columbia. He got that Miguel Estrada is very, very com- approved by the Senate of nominees to extraordinarily good grades. He got a petent, that he is superbly qualified. the United States Courts of Appeals scholarship to go to Harvard Law Mr. KINGSTON. If the gentleman who previously worked at the Depart- School and there not only did he do will yield, I just want to underscore ment of Justice. In none of the 67 cases well, he became editor of the law re- that as I understand it, Mr. Estrada have the internal memoranda of those view. I am a lawyer. The gentleman has argued 15 cases before the Supreme judges, when they worked for the De- from Georgia (Mr. KINGSTON) is a law- Court all before the age of 40. One of partment of Justice like Mr. Estrada, yer too, is he not? them was pro bono for a death row in- who was an assistant solicitor general, Mr. KINGSTON. No, I am not. But I mate. He received unanimous ‘‘well in none of the 67 cases have the inter- do know that he was magna cum laude qualified’’ ratings from the American nal memoranda been made public. But in Harvard and in Columbia. Bar Association. That is their highest in the case of Miguel Estrada, he is the Mr. LINCOLN DIAZ-BALART of rating. He has worked in the Justice only one that the Democrats are say- Florida. The gentleman knows what it Department both under Democrat and ing we want to see the internal memo- means to be law review editor. Republican administrations and has randa. Mr. KINGSTON. Absolutely. demonstrated a commitment to uphold I am the first one to say that Miguel Mr. LINCOLN DIAZ-BALART of the integrity of the law and dedication Estrada deserves to be a judge of the Florida. The law review editor, only to public service. appellate court not because he is His- the most superb legal minds in law Estrada has received an outstanding panic but rather I am also the first one school are able to become, in effect, rating in every performance category to say that he deserves to be a judge the leaders at the law review, the edi- in his years in service in the solicitor and he deserves not to be stopped be- tor of the law review. And this young general’s office. And Clinton’s solicitor cause he is a Hispanic. And we see that man who did not speak English at 17, general called him ‘‘an extraordinary in 67 other cases they have not made by the time he was in law school was legal talent’’ and genuinely compas- public the internal memoranda and editor of the law review. sionate. What is scary, if we compare that has not stopped the nomination, Anyway, he graduated from law his qualifications, because the gen- but in the case of Miguel Estrada that school, was such a talented jurist that tleman from Florida has mentioned is an impediment. And another thing. he was able to become a law clerk for that they never had a Hispanic on that The thing about he is not a judge now. a justice of the Supreme Court of the court, it is really to me after all we Precisely. There has not been one His- United States of America. And later he have been talking about freedom in panic named before President Bush became an associate solicitor general, America that we have to bring in this named Miguel Estrada to the appellate representing the Government of the question of race, but it does seem there court of the District of Columbia in the United States before the Supreme are those in the Senate against Mr. history of the Republic. How do you ex- Court of the United States, arguing Estrada that may be aware of that. pect Hispanics to come before the Sen- cases. Obviously only very important Maybe it is as simple as they do not ate already having been judges if this

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.107 H11PT1 H386 CONGRESSIONAL RECORD — HOUSE February 11, 2003 is the first nomination of a judge by a gether, he was a model of profes- a very young man and has done noth- President of the United States who is sionalism and competence. I greatly ing more but in an honest and day-in- Hispanic to the second most important enjoyed working with Miguel, profited and-day-out intense manner worked court? A glaring problem is the lack of from our interactions, and was genu- hard to honor his family and his coun- Hispanic judges until now. President inely sorry when he decided to leave try. It is extremely bothersome. Bush is trying to remedy that; and the the office in favor of private practice. I I think the American people who Democrats are placing roadblocks, be- have great respect both for Mr. have had the opportunity to hear us to- cause he is Hispanic, in the path of a Estrada’s intellect and for his integ- night, I am sure, must be bothered as decent and honorable man with a su- rity. In no way did I ever discern that well. What I would urge is that since in perb record. the recommendations Mr. Estrada these upcoming hours the other body is Mr. KINGSTON. If the gentleman made or the views he propounded were going to have that decision to make, I would yield, this obviously never was a colored in any way by his personal would urge that they not make the se- problem until a Hispanic came before views or indeed that they reflected rious mistake, because of petty poli- the Democratic Senators. The reason I anything other than the long-term in- tics, to stop, in effect, the career of a say that is five of the eight judges serv- terests of the United States.’’ That is brilliant young man who has done ing in the D.C. Circuit had no prior ju- Clinton’s Solicitor General. nothing but work hard to honor his dicial experience. That includes two of If I may read the comments of Ron- family, to honor all Hispanics, to honor President Clinton’s nominees, Mr. Gar- ald Klain, the former counselor to Vice all immigrants, and, yes, to honor the land, whom we talked about earlier President Gore: ‘‘Miguel Estrada is a United States of America. whose justice record was quite similar person of outstanding character, tre- I thank the gentleman very much for to Mr. Estrada’s, and David Tatel. It mendous intellect, and with a deep the opportunity to have been able to also includes Judge Harry Edwards, commitment to the faithful applica- join him. who was appointed by President Carter tion of precedent. Miguel will rule as a Mr. KINGSTON. Mr. Speaker, I in 1980, and Edwards was younger than judge justly toward all, without show- thank the gentleman, and I have to ask Estrada. Five out of eight of them did ing favor to any group or individual. the gentleman, since he kind of dodged not have to have judicial experience, The challenges he has overcome in his my early solicitation for personal bio- but suddenly a Hispanic comes along life have made him genuinely compas- graphical information, how old was he and this is a big issue. Another thing sionate, genuinely concerned for oth- when he was first elected to Congress? that is interesting is that on the Su- ers, and genuinely divided to helping Mr. LINCOLN DIAZ-BALART of preme Court now, two of the judges, those in need. Florida. I was confused, because the Byron White, nominated by President gentleman said I dodged his question b 2130 Kennedy, and William Rehnquist, the when he asked about my personal current Chief Justice, had no prior ju- My dear friend, the Democrats have background. By the way, I am very dicial experience when appointed to chosen the wrong case upon which to proud of my family’s background. In no the Supreme Court, but now it is a dif- make a stand in opposition. They chose way did I want to seem when I did not ferent program, a different standard. the wrong case when they placed road- want to get into the family background The other thing that is interesting is blocks before a young man who arrived today that I am not proud of it. I am, that the Democrats who are trying to at 17 from Honduras and got here to as I am proud of all Cuban Americans torpedo Mr. Estrada also will claim he work hard and has worked hard and and all Hispanics and all immigrants in does not have Hispanic support, which made all Americans proud. They have this country and all Americans. But I I would say, number one, this is not a chosen the wrong case when they op- did not want to get into that, because poll, this is not a popularity contest; pose an immigrant, a Hispanic immi- I wanted to focus tonight on Miguel but, number two, he actually has the grant, who arrived here and who has Estrada. endorsement of the League of the made his family and all Hispanics Mr. KINGSTON. The reason why I United Latin American Citizens, which proud. They have chosen the wrong asked, when the gentleman and I came is the country’s oldest Hispanic civil case. to Congress we were both a little bit rights organization; the Hispanic Na- Mr. KINGSTON. I wonder, because we younger. But the reality is here is a tional Bar Association; the U.S. His- talked about immigrant patriotism be- guy 41 years old. He is a star, a rising panic Chamber of Commerce; the His- fore, maybe their problem, after all, is star. Maybe the Democrats think that panic Business Roundtable; the Latino not that he is Hispanic. Maybe their they can put a notch on their holster if Coalition; and many other Latino problem is the fact that he is an immi- they shoot this guy down and stop him groups. They are all supporting him, grant and therefore more pro-American in his tracks. and yet that does not count, I guess. than the average person, and they can- I hope they do not. I hope he con- Mr. LINCOLN DIAZ-BALART of not stand the fact of a patriotic, God- tinues to rise, not because he is young, Florida. Exactly. Actually, I would fearing family and country-first Amer- not because he is a Hispanic, not be- agree with the gentleman that once ican sitting on the judicial bench, cause he is an immigrant, but because one analyzes, if one has a chance to go which, in my opinion, we need a heck he is pro-American and he wants to do through the road blocks and analyze of a lot more of. what is right, and that is what we need them, one realizes that they are far- I never met Mr. Estrada, but that is on our judicial benches all over Amer- cical. But it is really sad here because what he sounds like. If he is anything ica. we are dealing with a life of a human like the Diaz-Balart brothers, I know Mr. LINCOLN DIAZ-BALART of being. We are not dealing with a farce. he is. Florida. I agree with the gentleman We are dealing with the life of a real Mr. LINCOLN DIAZ-BALART of and commend him on his hard work on human being who came to this country Florida. Mr. Speaker, I share another so many issues, day in and day out. at age 17 to work very hard, and he has thing with the gentleman, and I have The gentleman from Georgia is an worked very hard and he makes all not met him either. What has incensed honor to this Congress, his district and Americans proud. And if I may, I think me and what has bothered me to the constituents, and to all of the Amer- it is relevant to point out, by the way, core is that people on the other side of ican people. when Mr. Estrada was Solicitor Gen- the aisle are accusing him of not being Mr. KINGSTON. I thank the gen- eral, most of the years that he was So- Hispanic enough. When I heard those tleman, and thank him for everything licitor General was under a Democratic accusations and I read his biography, he does. administration, the administration of because when I started hearing the ac- f President Clinton; and let us hear what cusations I started studying the biog- Mr. Clinton’s Solicitor General has to raphy and the work of the life of this ANNOUNCEMENT BY THE SPEAKER say about Mr. Estrada. This is Seth immigrant, Miguel Estrada, it has PRO TEMPORE Waxman, the former Solicitor General bothered me to the core that they The SPEAKER pro tempore (Mr. under President Clinton: ‘‘During the would have chosen to make a political BARRETT of South Carolina). The Chair time that Mr. Estrada and I worked to- case out of a man who arrived here as will remind all Members that it is not

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.109 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H387 in order to urge the Senate to take a port on cervical cancer screening; to the 581. A letter from the Assistant Secretary particular action with regard to a pres- Committee on Armed Services. for Legislative Affairs, Department of State, idential nomination, and avoid criti- 570. A letter from the Deputy Secretary, transmitting a memorandum of justification Securities and Exchange Commission, trans- for the government of Afghanistan; to the cisms of that body. mitting the Commission’s final rule — Re- Committee on International Relations. f tention of Records Relevant to Audits and 582. A letter from the President and CEO, Reviews [Release Nos. 33-8180; 34-47241; IC- Overseas Private Investment Corporation, LEAVE OF ABSENCE 25911; FR-66; File No. S7-46-02] (RIN: 3235- transmitting a report on steps the Corpora- By unanimous consent, leave of ab- AI74) received January 27, 2003, pursuant to 5 tion has taken over the past year to expend sence was granted to: U.S.C. 801(a)(1)(A); to the Committee on Fi- its activities in sub-Saharan Africa, includ- nancial Services. ing the invigoration of the Corporation’s Af- Mrs. BONO (at the request of Mr. 571. A letter from the Assistant Adminis- rica Investment Council, pursuant to (114 DELAY) for February 5 on account of trator for Fisheries, NMFS, Securities and Stat. 270); to the Committee on Inter- attending to district business. Exchange Commission, transmitting the national Relations. Mr. CANNON (at the request of Mr. Commission’s final rule — Insider Trades 583. A letter from the Special Assistant to DELAY) for today on account of family During Pension Fund Blackout Periods [Re- the President and Director, Office of Admin- reasons. lease No. 34-47225; IC-25909; File No. S7-44-02] istration, Executive Office of the President, (RIN: 3235-AI71) received January 27, 2003, transmitting the White House personnel re- Mr. TAUZIN (at the request of Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- port for the fiscal year 2002, pursuant to 3 DELAY) for today on account of illness. mittee on Financial Services. U.S.C. 113; to the Committee on Government f 572. A letter from the Assistant Secretary, Reform. Department of Education, transmitting 584. A letter from the Chairman, Council of SPECIAL ORDERS GRANTED Final Priority — Disability and Rehabilita- the District of Columbia, transmitting a By unanimous consent, permission to tion Research Projects, pursuant to 20 U.S.C. copy of D.C. ACT 14-627, ‘‘Local, Small and address the House, following the legis- 1232(f); to the Committee on Education and Disadvantaged Business Enterprises Pro- lative program and any special orders the Workforce. gram Temporary Amendment Act of 2003’’ 573. A letter from the Assistant Secretary, received February 10, 2003, pursuant to D.C. heretofore entered, was granted to: Department of Education, transmitting Code section 1—233(c)(1); to the Committee The following Members (at the re- Final Priority — Rehabilitation Training: on Government Reform. quest of Mr. MORAN of Virginia) to re- Rehabilitation Long-Term Training Pro- 585. A letter from the Chairman, Council of vise and extend their remarks and in- gram, pursuant to 20 U.S.C. 1232(f); to the the District of Columbia, transmitting a clude extraneous material: Committee on Education and the Workforce. copy of D.C. ACT 14-626, ‘‘Prevention of Pre- 574. A letter from the Assistant Secretary mature Release of Mentally Incompetent De- Mr. DEFAZIO, for 5 minutes, today. for Administration and Management, De- fendants Temporary Amendment Act of Mr. MEEK of Florida, for 5 minutes, partment of Labor, transmitting the Depart- 2003’’ received February 10, 2003, pursuant to today. ment’s Alternative Fuel Vehicles reports for D.C. Code section 1—233(c)(1); to the Com- Mr. HINCHEY, for 5 minutes, today. FY 1999-2001, pursuant to Public Law 105—388 mittee on Government Reform. Mr. PALLONE, for 5 minutes, today. section 310 112 stat. 3481; to the Committee 586. A letter from the Chairman, Council of The following Members (at the re- on Energy and Commerce. the District of Columbia, transmitting a 575. A letter from the Senior Legal Advi- quest of Mr. FRANKs of Arizona) to re- copy of D.C. ACT 14-625, ‘‘Rehabilitation sor, International Bureau, Federal Commu- vise and extend their remarks and in- Services Program Establishment Temporary nications Commission, transmitting the Act of 2003’’ received February 10, 2003, pur- clude extraneous material: Commission’s final rule — Policies and Rules suant to D.C. Code section 1—233(c)(1); to the Mr. GINGREY, for 5 minutes, today. for the Direct Broadcast Satellite Service Committee on Government Reform. Mr. FRANKs of Arizona, for 5 minutes, [IB Docket No. 98-21] received January 23, 587. A letter from the Chairman, Council of February 12. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the the District of Columbia, transmitting a Mr. YOUNG of Florida, for 5 minutes, Committee on Energy and Commerce. copy of D.C. ACT 14-624, ‘‘Bowling Alley and today. 576. A letter from the Chair, National Com- Billiard Parlor Temporary Act of 2003’’ re- mittee on Vital and Health Statistics, trans- ceived February 10, 2003,’’ pursuant to D.C. Mr. MCCOTTER, for 5 minutes, Feb- mitting the Fifth Annual Report to Congress Code section 1—233(c)(1); to the Committee ruary 12. on the Implementation of the Administra- on Government Reform. Mr. NUSSLE, for 5 minutes, today. tive Simplification Provisions of the Health 588. A letter from the Chairman, Council of Mr. BEAUPREZ, for 5 minutes, today. Insurance Portability and Accountability the District of Columbia, transmitting a Mr. MARIO DIAZ-BALART of Florida, Act, pursuant to Public Law 104—191, section copy of D.C. ACT 14-623, ‘‘Tax Increment Fi- for 5 minutes, today. 263 (110 Stat. 2033); to the Committee on En- nancing Reauthorization Temporary Act of ergy and Commerce. 2003’’ received February 10, 2003, pursuant to Mr. BLUNT, for 5 minutes, today. 577. A letter from the Director, Inter- D.C. Code section 1—233(c)(1); to the Com- Mr. BOEHNER, for 5 minutes, today. national Cooperation, Department of De- mittee on Government Reform. Mr. TERRY, for 5 minutes, February fense, transmitting a copy of Transmittal 589. A letter from the Chairman, Council of 12. No. 02-03 which informs of an intent to sign the District of Columbia, transmitting a Mrs. BLACKBURN, for 5 minutes, Feb- Amendment Number Three to the Coopera- copy of D.C. ACT 14-622, ‘‘Criminal Code and ruary 12. tive Ballistic Missile Defense Research Miscellaneous Technical Amendments Act of Memorandum of Understanding between the 2002’’ received February 10, 2003, pursuant to f United States and Japan, pursuant to 22 D.C. Code section 1—233(c)(1); to the Com- ADJOURNMENT U.S.C. 2767(f); to the Committee on Inter- mittee on Government Reform. national Relations. 590. A letter from the Chairman, Council of Mr. KINGSTON. Mr. Speaker, I move 578. A letter from the Director, Inter- the District of Columbia, transmitting a that the House do now adjourn. national Cooperation, Department of De- copy of D.C. ACT 14-621, ‘‘Removal from the The motion was agreed to; accord- fense, transmitting a copy of Transmittal Permanent System of Highways, a Portion of ingly (at 9 o’clock and 36 minutes No. 01-03 which informs of an intent to sign 22nd Street, S.E., and the Dedication of Land p.m.), the House adjourned until to- a Memorandum of Agreement between the for Street Purposes (S.O. 00-89) Act of 2002’’ morrow, Wednesday, February 12, 2003, United States and Singapore for Research, received February 10, 2003, pursuant to D.C. Development, Testing and Evaluation Code section 1—233(c)(1); to the Committee at 10 a.m. Projects, pursuant to 22 U.S.C. 2767(f); to the on Government Reform. f Committee on International Relations. 591. A letter from the Chairman, Council of 579. A letter from the Assistant Secretary the District of Columbia, transmitting a EXECUTIVE COMMUNICATIONS, for Legislative Affairs, Department of State, copy of D.C. ACT 14-620, ‘‘Council Review of ETC. transmitting the fiftieth report on the ex- the Exclusive Right Agreement for the Rede- Under clause 8 of rule XII, executive tent and disposition of United States con- velopment of the Existing Convention Center communications were taken from the tributions to international organizations for Site Amendment Act of 2002’’ received Feb- fiscal year 2001, pursuant to 22 U.S.C. 262a; to ruary 10, 2003, pursuant to D.C. Code section Speaker’s table and referred as follows: the Committee on International Relations. 1—233(c)(1); to the Committee on Govern- 568. A letter from the Comptroller, Depart- 580. A letter from the Assistant Legal Ad- ment Reform. ment of Defense, transmitting a report of a viser for Treaty Affairs, Department of 592. A letter from the Chairman, Council of violation of Title 31, Section 1341(a)(1)(A), by State, transmitting text of agreements in the District of Columbia, transmitting a the Department of the Navy, case number 99- which the American Institute in Taiwan is a copy of D.C. ACT 14-619, ‘‘District Anti-Defi- 09B; to the Committee on Appropriations. party between January 1 and December 31, ciency Act of 2002’’received February 10, 2003, 569. A letter from the Assistant Secretary, 2001, pursuant to 22 U.S.C. 3311(a); to the pursuant to D.C. Code section 1—233(c)(1); to Department of Defense, transmitting a re- Committee on International Relations. the Committee on Government Reform.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K11FE7.110 H11PT1 H388 CONGRESSIONAL RECORD — HOUSE February 11, 2003 593. A letter from the Chairman, Council of ment, transmitting a report pursuant to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the District of Columbia, transmitting a Federal Vacancies Reform Act of 1998; to the mittee on Transportation and Infrastruc- copy of D.C. ACT 14-618, ‘‘Energy and Oper- Committee on Government Reform. ture. ational Effiency Performance-Based Con- 608. A letter from the Secretary, Depart- 621. A letter from the Program Analyst, tracting Amendment Act of 2002’’ received ment of Housing and Urban Development, FAA, Department of Transportation, trans- February 10, 2003, pursuant to D.C. Code sec- transmitting the Department’s FY 2002 An- mitting the Department’s final rule — Aging tion 1—233(c)(1); to the Committee on Gov- nual Report on Performance and Account- Airplane Safety [Docket No. FAA-1999- 5401; ernment Reform. ability; to the Committee on Government Amdt. Nos. 119-6, 121-284, 129-34, 135-81, and 594. A letter from the Chairman, Council of Reform. 183-11] (RIN: 2120-AE42) received January 17, the District of Columbia, transmitting a 609. A letter from the Attorney/Advisor, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the copy of D.C. ACT 14-617, ‘‘Mental Health Department of Transportation, transmitting Committee on Transportation and Infra- Civil Commitment Act of 2002’’ received Feb- a report pursuant to the Federal Vacancies structure. ruary 10, 2003, pursuant to D.C. Code section Reform Act of 1998; to the Committee on 622. A letter from the Program Analyst, 1—233(c)(1); to the Committee on Govern- Government Reform. FAA, Department of Transportation, trans- ment Reform. 610. A letter from the Attorney/Advisor, mitting the Department’s final rule — Noise 595. A letter from the Chairman, Council of Department of Transportation, transmitting Certification Standards for Subsonic Jet Air- the District of Columbia, transmitting a a report pursuant to the Federal Vacancies planes and Subsonic Transport Category copy of D.C. ACT 14-616, ‘‘Tax Clarity and Reform Act of 1998; to the Committee on Large Airplanes [Docket No. FAA-2000-7587 Recorder of Deeds Act of 2002’’ received Feb- Government Reform. Amdt No. 21-81, 36-24 & 91-275] (RIN: 2120- ruary 10, 2003, pursuant to D.C. Code section 611. A letter from the Secretary, Depart- AH03) received January 17, 2003, pursuant to 1—233(c)(1); to the Committee on Govern- ment of Veterans’ Affairs, transmitting the 5 U.S.C. 801(a)(1)(A); to the Committee on ment Reform. Department’s Annual Performance and Ac- Transportation and Infrastructure. 596. A letter from the Chairman, Council of countability Report for FY 2002; to the Com- 623. A letter from the Program Analyst, the District of Columbia, transmitting a mittee on Government Reform. FAA, Department of Transportation, trans- copy of D.C. ACT 14-615, ‘‘Procurement Prac- 612. A letter from the Secretary, Depart- mitting the Department’s final rule — Air- tices Vendor Payment Authorization Amend- ment of Veterans’ Affairs, transmitting the speed Indicating System Requirements for ment Act of 2002’’ received February 10, 2003, semiannual report on activities of the In- Transport Category Airplanes [Docket No. pursuant to D.C. Code section 1—233(c)(1); to spector General for the period April 1, 2002, FAA-2001-9636; Amendment No. 25-109] (RIN: the Committee on Government Reform. through September 30, 2002, pursuant to 5 2120-AH26) received January 17, 2003, pursu- 597. A letter from the Chairman, Council of U.S.C. app. (Insp. Gen. Act) section 5(b); to ant to 5 U.S.C. 801(a)(1)(A); to the Committee the District of Columbia, transmitting a the Committee on Government Reform. on Transportation and Infrastructure. copy of D.C. ACT 14-614, ‘‘Urban Forest Pres- 613. A letter from the Deputy Associate Ad- 624. A letter from the Program Analyst, ervation Act of 2002’’ received February 10, ministrator, Office of Acquisition Policy, FAA, Department of Transportation, trans- 2003, pursuant to D.C. Code section 1— GSA, General Services Administration, mitting the Department’s final rule — Air- 233(c)(1); to the Committee on Government transmitting the Administration’s final rule space Designations; Incorporation by Ref- Reform. — Federal Acquisition Circular 2001-11; In- erence [Docket No. 29334; Amendment No. 71- 598. A letter from the Chairman, Council of troduction — received January 14, 2003, pur- 34] received January 17, 2003, pursuant to 5 the District of Columbia, transmitting a suant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on copy of D.C. ACT 14-613, ‘‘Electronic Record- Transportation and Infrastructure. mittee on Government Reform. 625. A letter from the Program Analyst, ing Procedures Act of 2002’’ received Feb- 614. A letter from the Inspector General, FAA, Department of Transportation, trans- ruary 10, 2003, pursuant to D.C. Code section General Services Administration, transmit- mitting the Department’s final rule — Rob- 1—233(c)(1); to the Committee on Govern- ting the Office’s Audit Report Register for inson R-22/R-44 Special Training and Experi- ment Reform. the period ending September 30, 2002, pursu- 599. A letter from the Executive Secretary ence Requirements [Docket No. FAA-2002- ant to 5 U.S.C. app. (Insp. Gen. Act) section and Chief of Staff, Agency for International 13744; SFAR No. 73-1] (RIN: 2120-AH94) re- 5(b); to the Committee on Government Re- Development, transmitting a report pursu- ceived January 17, 2003, pursuant to 5 U.S.C. form. ant to the Federal Vacancies Reform Act of 801(a)(1)(A); to the Committee on Transpor- 615. A letter from the Acting General 1998; to the Committee on Government Re- tation and Infrastructure. Counsel, National Endowment for the Arts, form. 626. A letter from the Program Analyst, transmitting a report pursuant to the Fed- 600. A letter from the Assistant Director, FAA, Department of Transportation, trans- eral Vacancies Reform Act of 1998; to the Executive and Political Personnel, Depart- mitting the Department’s final rule — Serv- Committee on Government Reform. ment of Defense, transmitting a report pur- ice Difficulty Reports [Docket No. FAA-2000- 616. A letter from the Director, Office of suant to the Federal Vacancies Reform Act 7952] (RIN: 2120-AH91) received January 17, Personnel Management, transmitting the Of- of 1998; to the Committee on Government Re- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the fice’s Fiscal Year 2002 Performance and Ac- form. Committee on Transportation and Infra- 601. A letter from the Assistant Director, countability Report; to the Committee on structure. Executive and Political Personnel, Depart- Government Reform. 627. A communication from the President 617. A letter from the Assistant Secretary ment of Defense, transmitting a report pur- of the United States, transmitting an Agree- for Fish, Wildlife and Parks, Department of suant to the Federal Vacancies Reform Act ment between the United States of America the Interior, transmitting the Department’s of 1998; to the Committee on Government Re- and the Kingdom of Norway on Social Secu- final rule — Endangered and Threatened form. rity, with a related administrative agree- 602. A letter from the Assistant Director, Wildlife and Plants; Final Designation or ment, both signed at Oslo on November 30, Executive and Political Personnel, Depart- Non Designation of Critical Habitat for 95 2001, pursuant to 42 U.S.C. 433(e)(1); (H. Doc. ment of Defense, transmitting a report pur- Plant Species From the Islands of Kauai and No. 108—38); to the Committee on Ways and suant to the Federal Vacancies Reform Act Niihau, Hawaii, pursuant to 5 U.S.C. Means and ordered to be printed. of 1998; to the Committee on Government Re- 801(a)(1)(A); to the Committee on Resources. 628. A letter from the Chief, Regulations form. 618. A letter from the Assistant Adminis- Unit, Internal Revenue Service, transmitting 603. A letter from the Deputy White House trator for Fisheries, NMFS, National Oce- the Service’s final rule — Determination and Liaison, Department of Education, transmit- anic and Atmospheric Administration, trans- recognition of gain or loss (Rev. Rul. 2003-7) ting a report pursuant to the Federal Vacan- mitting the Administration’s final rule — received January 27, 2003, pursuant to 5 cies Reform Act of 1998; to the Committee on Fisheries of the Caribbean, Gulf of Mexico, U.S.C. 801(a)(1)(A); to the Committee on Government Reform. and South Atlantic; Fishery Management Ways and Means. 604. A letter from the Secretary, Depart- Plan for the Shrimp Fishery off the South- 629. A letter from the Chief, Regulations ment of Education, transmitting the Depart- ern Atlantic States; Amendment 5 [Docket Unit, Internal Revenue Service, transmitting ment’s Fiscal Year 2002 Performance and Ac- No. 020816198-2315-02; I.D. 071202A] (RIN: 0648- the Service’s final rule — Determination of countability Report; to the Committee on AP41) received January 27, 2003, pursuant to Issue Price in the Case of Certain Debt In- Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on struments Issued for Property (Rev. Rul. 605. A letter from the Acting Director of Resources. 2003-16) received January 27, 2003, pursuant Human Resources Management, Department 619. A letter from the Staff Director, to 5 U.S.C. 801(a)(1)(A); to the Committee on of Energy, transmitting a report pursuant to United States Commission On Civil Rights, Ways and Means. the Federal Vacancies Reform Act of 1998; to transmitting the list of state advisory com- 630. A letter from the Chief, Regulations the Committee on Government Reform. mittees recently rechartered by the Commis- Unit, Internal Revenue Service, transmitting 606. A letter from the Secretary, Depart- sion; to the Committee on the Judiciary. the Service’s final rule — Certain Cost Shar- ment of Energy, transmitting the Depart- 620. A letter from the Program Analyst, ing Payments (Rev. Rul. 2003 -15) received ment’s Performance and Accountability Re- FAA, Department of Transportation, trans- January 27, 2003, pursuant to 5 U.S.C. port for FY 2002; to the Committee on Gov- mitting the Department’s final rule — Pic- 801(a)(1)(A); to the Committee on Ways and ernment Reform. ture Identification Requirements [Docket Means. 607. A letter from the General Counsel, De- No. FAA-2002-11666; Amendment No. 61-107] 631. A letter from the Chief, Regulations partment of Housing and Urban Develop- (RIN: 2120-AH76) received January 17, 2003, Unit, Internal Revenue Service, transmitting

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the Service’s final rule — Changes in ac- Committees on International Relations and Mr. KELLER, Mrs. KELLY, Mr. KEN- counting periods and in methods of account- Appropriations. NEDY of Minnesota, Mr. KOLBE, Mr. ing (Rev. Proc. 2003-20) received January 27, 644. A communication from the President LUCAS of Kentucky, Mr. MANZULLO, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the United States, transmitting a legisla- Mr. MCHUGH, Mr. MCINNIS, Mr. Committee on Ways and Means. tive proposal to establish the Millennium MCKEON, Mrs. MUSGRAVE, Mrs. 632. A letter from the Chief, Regulations Challenge Account and the Millennium Chal- NORTHUP, Mr. PETERSON of Pennsyl- Unit, Internal Revenue Service, transmitting lenge Corporation; (H. Doc. No. 108—37); vania, Mr. PETRI, Mr. PLATTS, Mr. the Service’s final rule — Nonaccrual Experi- jointly to the Committees on International RADANOVICH, Mr. REHBERG, Mr. RYAN ence Method of Accounting [Notice 2003-12] Relations, Ways and Means, the Judiciary, of Wisconsin, Mr. SCHROCK, Mr. SEN- received January 27, 2003, pursuant to 5 Resources, and Government Reform and or- SENBRENNER, Mr. SESSIONS, Mr. U.S.C. 801(a)(1)(A); to the Committee on dered to be printed. SHAYS, Mr. SHIMKUS, Mr. SIMMONS, Ways and Means. f Mr. SMITH of Texas, Mr. SOUDER, Mr. 633. A letter from the Chief, Regulations TANCREDO, Mr. TIAHRT, Mr. TOOMEY, Unit, Internal Revenue Service, transmitting REPORTS OF COMMITTEES ON Mr. UPTON, Mr. WELDON of Florida, the Service’s final rule — Certain cost shar- PUBLIC BILLS AND RESOLUTIONS Mr. WHITFIELD, Mr. WILSON of South ing payments (Rev. Rul. 2003 -14) received Carolina, and Mr. WOLF): January 27, 2003, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of H.R. 660. A bill to amend title I of the Em- 801(a)(1)(A); to the Committee on Ways and committees were delivered to the Clerk ployee Retirement Income Security Act of Means. for printing and reference to the proper 1974 to improve access and choice for entre- 634. A letter from the Chief, Regulations calendar, as follows: preneurs with small businesses with respect Unit, Internal Revenue Service, transmitting Mr. TAUZIN: Committee on Energy and to medical care for their employees; to the the Service’s final rule — Disclosure of Re- Commerce. H.R. 395. A bill to authorize the Committee on Education and the Workforce. turns and Return Information by Other Federal Trade Commission to collect fees for By Mr. NUSSLE (for himself, Mr. BOS- Agencies [TD 9036] (RIN: 1545-AY77) received the implementation and enforcement of a WELL, Mrs. JOHNSON of Connecticut, January 27, 2003, pursuant to 5 U.S.C. ‘‘do-not-call’’ registry, and for other pur- Mr. LEACH, Mr. PAUL, Mr. SENSEN- 801(a)(1)(A); to the Committee on Ways and poses (Rept. 108–8). Referred to the Com- BRENNER, and Mr. SOUDER): Means. mittee of the Whole House on the State of 635. A letter from the Chief, Regulations H.R. 661. A bill to amend the Internal Rev- the Union. Unit, Internal Revenue Service, transmitting enue Code of 1986 to permit financial institu- the Service’s final rule — Administrative, f tions to determine their interest expense de- duction without regard to tax-exempt bonds Procedural, and Miscellaneous (Rev. Proc. PUBLIC BILLS AND RESOLUTIONS 2003-1) received January 14, 2003, pursuant to issued to provide certain small loans for 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public health care or educational purposes; to the Ways and Means. bills and resolutions were introduced Committee on Ways and Means. 636. A letter from the Chief, Regulations and severally referred, as follows: By Mr. SKELTON: Unit, Internal Revenue Service, transmitting By Mr. GARRETT of New Jersey (for H.R. 662. A bill to amend the Internal Rev- the Service’s final rule — Examination of re- enue Code of 1986 to improve tax equity for turns and claims for refund, credit or abate- himself, Mr. OXLEY, Mr. BAKER, Mr. RANK of Massachusetts, Mr. KAN- military personnel, and for other purposes; ment; determination of correct tax liability F JORSKI, and Mr. EMANUEL): to the Committee on Ways and Means. [Notice 2003-8] received January 13, 2003, pur- H.R. 657. A bill to amend the Securities Ex- By Mr. BILIRAKIS (for himself, Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- change Act of 1934 to augment the emer- BROWN of Ohio, Mr. TAUZIN, Mr. DIN- mittee on Ways and Means. gency authority of the Securities and Ex- GELL, Mr. BARTON of Texas, Mr. WAX- 637. A letter from the Chief, Regulations MAN, Mr. UPTON, Mr. MARKEY, Mr. Unit, Internal Revenue Service, transmitting change Commission; to the Committee on Financial Services. GREENWOOD, Mr. TOWNS, Mr. BURR, the Service’s final rule — Constructive Sales Mr. PALLONE, Mr. WHITFIELD, Mr. Treatment for Appreciated Financial Posi- By Mr. BAKER (for himself and Mr. OXLEY): GORDON, Mr. NORWOOD, Mr. DEUTSCH, tions (Rev. Rul. 2003-1) received January 13, Mr. TERRY, Mr. RUSH, Mr. ROGERS of 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 658. A bill to provide for the protec- tion of investors, increase confidence in the Michigan, Mr. ENGEL, Mr. WYNN, Ms. Committee on Ways and Means. MCCARTHY of Missouri, Mr. STRICK- 638. A letter from the Chief, Regulations capital markets system, and fully implement LAND, Mrs. CAPPS, Mr. JOHN, and Ms. Unit, Internal Revenue Service, transmitting the Sarbanes-Oxley Act of 2002 by stream- HARMAN): the Service’s final rule — Rulings and deter- lining the hiring process for certain employ- mination letters (Rev. Proc. 2003-15) received ment positions in the Securities and Ex- H.R. 663. A bill to amend title IX of the January 13, 2003, pursuant to 5 U.S.C. change Commission; to the Committee on Public Health Service Act to provide for the 801(a)(1)(A); to the Committee on Ways and Financial Services, and in addition to the improvement of patient safety and to reduce Means. Committee on Government Reform, for a pe- the incidence of events that adversely affect 639. A letter from the Chief, Regulations riod to be subsequently determined by the patient safety, and for other purposes; to the Unit, Internal Revenue Service, transmitting Speaker, in each case for consideration of Committee on Energy and Commerce. the Service’s final rule — Private Founda- such provisions as fall within the jurisdic- By Mr. FILNER (for himself, Mr. SIM- tion Transfers of Assets (Rev. Rul. 2003-13, tion of the committee concerned. MONS, Mr. EVANS, Mr. CUNNINGHAM, 2003-4 I.R.B.) received January 13, 2003, pur- By Mr. NEY (for himself, Ms. WATERS, Ms. PELOSI, Mr. ROHRABACHER, Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Mr. BAKER): ISSA, Ms. LOFGREN, Ms. MILLENDER- mittee on Ways and Means. H.R. 659. A bill to amend section 242 of the MCDONALD, Mr. TIAHRT, and Mr. 640. A letter from the Chief, Regulations National Housing Act regarding the require- ABERCROMBIE): Unit, Internal Revenue Service, transmitting ments for mortgage insurance under such H.R. 664. A bill to amend title 38, United the Service’s final rule — Rulings and deter- Act for hospitals; to the Committee on Fi- States Code, to improve benefits for Filipino mination letters (Rev. Proc. 2003-7) received nancial Services. veterans of World War II and surviving January 13, 2002, pursuant to 5 U.S.C. By Mr. FLETCHER (for himself, Mr. spouses of such veterans, and for other pur- 801(a)(1)(A); to the Committee on Ways and SAM JOHNSON of Texas, Mr. DOOLEY of poses; to the Committee on Veterans’ Af- Means. California, Ms. VELAZQUEZ, Mr. fairs. 641. A letter from the Chief, Regulations, ACEVEDO-VILA, Mr. ADERHOLT, Mr. By Mr. ABERCROMBIE (for himself AKIN, Mr. BACA, Mr. BALLENGER, Mr. Internal Revenue Service, transmitting the and Mr. CASE): Service’s final rule — Last-in, First-out In- BEAUPREZ, Mrs. BIGGERT, Mr. H.R. 665. A bill to express the policy of the ventories (Rev. Rul. 2003 -9) received January BOEHNER, Mr. BURGESS, Mr. CALVERT, United States regarding the United States 13, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Mrs. CAPITO, Mr. CARTER, Mrs. relationship with Native Hawaiians and to the Committee on Ways and Means. CHRISTENSEN, Mr. COLLINS, Mr. 642. A letter from the Chief, Regulations COSTELLO, Mr. CRAMER, Mr. provide a process for the recognition by the Unit, Internal Revenue Service, transmitting CUNNINGHAM, Mrs. JO ANN DAVIS of United States of the Native Hawaiian gov- the Service’s final rule — Rules and Regula- Virginia, Mr. DEMINT, Mr. MARIO erning entity, and for other purposes; to the tions (Rev. Proc. 2003-14) received January DIAZ-BALART of Florida, Mr. DUNCAN, Committee on Resources. 13, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. EVERETT, Mr. FRANKS of Arizona, By Mr. ANDREWS (for himself and Mr. the Committee on Ways and Means. Mr. FOSSELLA, Mr. GILLMOR, Mr. FOLEY): 643. A letter from the Director, Defense Se- GOODLATTE, Mr. GONZALEZ, Mr. H.R. 666. A bill to amend the Internal Rev- curity Cooperation Agency, Department of GRAVES, Ms. GRANGER, Mr. GREEN- enue Code of 1986 to exclude from gross in- Defense, transmitting notification of the De- WOOD, Mr. GRIJALVA, Ms. HART, Mr. come of individual taxpayers discharges of partment of State’s intent to initiate the FY HASTERT, Mr. HERGER, Mr. HOUGH- indebtedness attributable to certain forgiven 2003 International Military Education and TON, Mr. ISAKSON, Mr. ISSA, Mr. JEN- residential mortgage obligations; to the Training program for Algeria; jointly to the KINS, Mr. JONES of North Carolina, Committee on Ways and Means.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\L11FE7.000 H11PT1 H390 CONGRESSIONAL RECORD — HOUSE February 11, 2003 By Mr. ANDREWS: and in addition to the Committees on Ways By Mr. FRANK of Massachusetts (for H.R. 667. A bill to amend the Internal Rev- and Means, Resources, and Veterans’ Affairs, himself, Mr. TOWNS, Mr. OLVER, Mr. enue Code of 1986 to provide an inflation ad- for a period to be subsequently determined MCDERMOTT, Mr. GEORGE MILLER of justment of the dollar limitation on the ex- by the Speaker, in each case for consider- California, Mr. BROWN of Ohio, Mr. clusion of gain on the sale of a principal resi- ation of such provisions as fall within the ju- WAXMAN, Mr. BLUMENAUER, Ms. NOR- dence; to the Committee on Ways and Means. risdiction of the committee concerned. TON, Ms. JACKSON-LEE of Texas, Mr. By Mr. ANDREWS: By Mr. CUNNINGHAM (for himself, Mr. FARR, Ms. SLAUGHTER, Mrs. JONES of H.R. 668. A bill to amend the Internal Rev- FILNER, Mr. EVANS, Mr. ISSA, Ms. Ohio, Mr. RANGEL, Mr. MARKEY, Mr. enue Code of 1986 to allow credits against in- MILLENDER-MCDONALD, Mr. GUTIER- NADLER, Mr. TIERNEY, Mr. RUSH, Ms. come tax for an owner of a radio broad- REZ, Mr. WYNN, Mr. ABERCROMBIE, DELAURO, Mr. CAPUANO, Mr. HINCHEY, casting station which donates the license Ms. PELOSI, Mr. CASE, Ms. HARMAN, Mr. ABERCROMBIE, Mr. SNYDER, Mr. and other assets of such station to a non- Ms. BORDALLO, Ms. LEE, Mr. ROHR- MATSUI, Mr. PAYNE, Mr. HOEFFEL, profit corporation for purposes of supporting ABACHER, Ms. SCHAKOWSKY, Mr. Mr. OWENS, Mr. SCOTT of Virginia, nonprofit fine arts and performing arts orga- ROYCE, Mr. BECERRA, Mr. INSLEE, Mr. Mr. BACA, Mr. STARK, Ms. nizations, and for other purposes; to the SCOTT of Virginia, Ms. ROYBAL-AL- SCHAKOWSKY, Ms. LOFGREN, Mr. Committee on Ways and Means. LARD, Ms. CORRINE BROWN of Florida, DEFAZIO, Mr. FILNER, Mr. CUMMINGS, By Mr. BACA: Mr. FROST, Mr. DAVIS of Illinois, Mr. Ms. BALDWIN, Mr. MATHESON, Mr. H.R. 669. A bill to amend title 18, United MCDERMOTT, Ms. LOFGREN, and Mr. WEXLER, and Mr. LANTOS): States Code, to prohibit the sale or rental of LANTOS): H.R. 685. A bill to amend the Higher Edu- adult video games to minors; to the Com- H.R. 677. A bill to amend title 38, United cation Act of 1965 to repeal the provisions mittee on the Judiciary. States Code, to deem certain service in the prohibiting persons convicted of drug of- By Mr. BAKER: organized military forces of the Government fenses from receiving student financial as- H.R. 670. A bill to amend the National of the Commonwealth of the Philippines and sistance; to the Committee on Education and Flood Insurance Act of 1968 to provide for the Philippine Scouts to have been active the Workforce. identification, mitigation, and purchase of service for purposes of benefits under pro- By Mr. GALLEGLY: properties insured under the national flood grams administered by the Secretary of Vet- H.R. 686. A bill to amend the Internal Rev- insurance program that suffer repetitive erans Affairs; to the Committee on Veterans’ enue Code of 1986 to accelerate the scheduled losses; to the Committee on Financial Serv- Affairs. increases in eligibility for individual retire- ices. By Mr. DAVIS of Alabama: ment plans and to eliminate the marriage By Mrs. BONO (for herself, Mr. MAR- H.R. 678. A bill to amend the Consolidated penalty in determining such eligibility; to KEY, Mr. BLUNT, Mr. ISSA, and Mr. Farm and Rural Development Act to provide the Committee on Ways and Means. CALVERT): for comprehensive community and economic By Mr. GALLEGLY: H.R. 671. A bill to reauthorize and revise development in the distressed Southern H.R. 687. A bill to prohibit the Federal the Renewable Energy Production Incentive Black Belt and Mississippi Delta region Government from accepting a form of identi- program, and for other purposes; to the Com- while leveraging existing efforts, entities, fication issued by a foreign government, ex- mittee on Energy and Commerce. and resources; to the Committee on Agri- cept for a passport that is accepted for such By Ms. BORDALLO: culture, and in addition to the Committees a purpose on the date of enactment of this H.R. 672. A bill to rename the Guam South on Transportation and Infrastructure, and Act; to the Committee on Government Re- Elementary/Middle School of the Depart- Financial Services, for a period to be subse- form, and in addition to the Committees on quently determined by the Speaker, in each ment of Defense Domestic Dependents Ele- House Administration, and the Judiciary, for case for consideration of such provisions as mentary and Secondary Schools System in a period to be subsequently determined by fall within the jurisdiction of the committee honor of Navy Commander William ‘‘Willie’’ the Speaker, in each case for consideration concerned. McCool, who was the pilot of the Space Shut- of such provisions as fall within the jurisdic- By Mr. EDWARDS: tle Columbia when it was tragically lost on tion of the committee concerned. February 1, 2003; to the Committee on Armed H.R. 679. A bill to prohibit certain late term abortions; to the Committee on Energy By Mr. GIBBONS (for himself and Mr. Services. and Commerce. OTTER): By Mr. BRADY of Texas (for himself H.R. 688. A bill to direct the Secretary of By Mr. EDWARDS: and Mr. GREEN of Texas): H.R. 680. A bill to provide tax relief and as- Agriculture to conduct a study of the effec- H.R. 673. A bill to amend the Clean Air Act sistance for the families of the heroes of the tiveness of silver-based biocides as an alter- regarding the conformity of transportation Space Shuttle Columbia, and for other pur- native treatment to preserve wood; to the projects to implementation plans, and for poses; to the Committee on Ways and Means. Committee on Agriculture, and in addition other purposes; to the Committee on Energy By Mr. ENGLISH: to the Committee on Resources, for a period and Commerce. H.R. 681. A bill to amend the Federal Elec- to be subsequently determined by the Speak- By Mr. CARSON of Oklahoma: tion Campaign Act of 1971 to prohibit an au- er, in each case for consideration of such pro- H.R. 674. A bill to authorize the President thorized committee of a winning candidate visions as fall within the jurisdiction of the to present a gold medal on behalf of the Con- for election for Federal office which received committee concerned. gress to the Choctaw Code Talkers in rec- a personal loan from the candidate from By Mr. GREEN of Texas (for himself, ognition of their contributions to the Na- making any repayment on the loan after the Mr. REYES, Mr. GONZALEZ, and Mr. tion, and for other purposes; to the Com- date on which the candidate begins serving FROST): mittee on Financial Services. in such office; to the Committee on House H.R. 689. A bill to amend the Internal Rev- By Mrs. CHRISTENSEN (for herself, Administration. enue Code of 1986 to allow residents of States Mr. FALEOMAVAEGA, Mr. ACEVEDO- By Mr. ENGLISH (for himself, Ms. with no income tax a deduction for State and VILA, and Ms. BORDALLO): HART, Mr. PETERSON of Pennsylvania, local sales taxes; to the Committee on Ways H.R. 675. A bill to amend titles XI and XIX Mr. WELDON of Pennsylvania, and Mr. and Means. of the Social Security Act to remove the cap TIAHRT): By Mr. GUTIERREZ: on Medicaid payments for Puerto Rico, the H.R. 682. A bill to amend the Temporary H.R. 690. A bill to amend title XIX of the Virgin Islands, Guam, the Northern Mariana Extended Unemployment Compensation Act Social Security Act to provide for coverage Islands, and American Samoa and to adjust of 2002 to provide for additional weeks of under the Medicaid Program of organ trans- the Medicaid statutory matching rate for benefits to exhaustees; to modify the AIUR plant procedures as an emergency medical those territories; to the Committee on En- trigger used in determining eligibility for procedure for certain alien children; to the ergy and Commerce. second-tier benefits; and to provide for an ex- Committee on Energy and Commerce. By Mr. CONYERS (for himself, Mr. tension of the temporary extended unem- By Mr. ISRAEL: MCDERMOTT, Mr. KUCINICH, Mrs. ployment program; to the Committee on H.R. 691. A bill to amend the Internal Rev- CHRISTENSEN, Mr. SCOTT of Virginia, Ways and Means. enue Code of 1986 to allow corporations to Ms. LEE, Ms. NORTON, Mr. DAVIS of Il- By Mr. ENGLISH (for himself and Mr. claim a charitable deduction for the dona- linois, Mr. OWENS, Mr. JACKSON of Il- JEFFERSON): tion of services related to contributions of linois, Mr. HINCHEY, Mr. PAYNE, Mr. H.R. 683. A bill to amend the Internal Rev- computer technology or equipment; to the CUMMINGS, Ms. KILPATRICK, Mr. enue Code of 1986 to increase the special al- Committee on Ways and Means. HASTINGS of Florida, Mr. FATTAH, Mr. lowance for depreciation for certain property By Ms. EDDIE BERNICE JOHNSON of GRIJALVA, Mr. TOWNS, Mr. LEWIS of acquired after September 10, 2001, from 30 Texas (for herself, Mrs. JONES of Georgia, Mr. GUTIERREZ, Mr. THOMP- percent to 100 percent, and for other pur- Ohio, Mr. TOWNS, Ms. JACKSON-LEE of SON of Mississippi, Ms. CARSON of In- poses; to the Committee on Ways and Means. Texas, Mr. PAYNE, Mr. OWENS, Mr. diana, Mr. PASTOR, Ms. WOOLSEY, Mr. By Mr. FLAKE (for himself and Mr. LI- CUMMINGS, Ms. BALDWIN, Ms. NORTON, CLAY, and Mr. RANGEL): PINSKI): Ms. SCHAKOWSKY, Ms. LEE, Ms. KIL- H.R. 676. A bill to provide for comprehen- H.R. 684. A bill to provide scholarships for PATRICK, Mr. CLYBURN, Mr. KENNEDY sive health insurance coverage for all United District of Columbia elementary and sec- of Rhode Island, and Mr. LANTOS): States residents, and for other purposes; to ondary students, and for other purposes; to H.R. 692. A bill to provide for racial equity the Committee on Energy and Commerce, the Committee on Government Reform. and fair treatment under the program of

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\L11FE7.100 H11PT1 February 11, 2003 CONGRESSIONAL RECORD — HOUSE H391 block grants to States for temporary assist- for certain safety and other projects on en- By Mr. SMITH of Texas (for himself ance for needy families; to the Committee on ergy impacted highways; to the Committee and Mr. BERMAN): on Transportation and Infrastructure. Ways and Means. H. Con. Res. 33. Concurrent resolution ex- By Mr. JONES of North Carolina (for By Mr. SAXTON (for himself and Mr. pressing the sense of Congress regarding the himself, Mr. COLE, Mr. WILSON of COBLE): establishment of a National Inventors’ Day; South Carolina, Mr. SMITH of New H.R. 703. A bill to provide for the use of to the Committee on Government Reform. Jersey, Mr. SNYDER, Mr. FORBES, Mr. COPS funds for State and local intelligence By Mr. CANTOR (for himself, Ms. ABERCROMBIE, Mrs. TAUSCHER, Mr. officers, and for other purposes; to the Com- PELOSI, Mr. DELAY, Mr. HOYER, Mr. POMEROY, Mr. LANTOS, Mr. MILLER of mittee on the Judiciary. BLUNT, Mr. LEWIS of Georgia, Mr. Florida, Mr. HAYES, Mr. TANNER, Mr. By Mr. SCHIFF (for himself, Mr. HYDE, Mr. LANTOS, Ms. ROS- HEFLEY, Mr. MATSUI, Mr. EVERETT, DREIER, Mr. BERMAN, Mr. SHERMAN, LEHTINEN, and Mr. ACKERMAN): Mrs. BONO, Mr. SANDERS, Mr. SIM- Ms. SOLIS, and Mr. GEORGE MILLER of MONS, Mr. DICKS, Mr. SCHROCK, Mr. California): H. Res. 61. A resolution commending the ACKERMAN, Mr. FRANK of Massachu- H.R. 704. A bill to direct the Secretary of people of Israel for conducting free and fair setts, Mr. ORTIZ, Mr. KOLBE, Mr. GIB- the Interior and the Secretary of Agriculture elections, reaffirming the friendship between to conduct a joint special resources study to BONS, Mr. KLINE, Mr. MICA, Mr. MEE- the Governments and peoples of the United evaluate the suitability and feasibility of es- HAN, Mr. TERRY, Mr. CALVERT, and States and Israel, and for other purposes; to tablishing the area known as the Rim of the Mr. REYES): the Committee on International Relations. H.R. 693. A bill to amend the Internal Rev- Valley Corridor as a unit of the Santa Monica Mountains National Recreation Area considered and agreed to. enue Code of 1986 to exclude from gross in- By Mr. DELAY (for himself, Mr. come certain death gratuity payments to in the State of California, and for other pur- poses; to the Committee on Resources. BALLENGER, Mr. BARTON of Texas, members of the uniformed services; to the By Mr. SCHROCK: Mrs. BIGGERT, Mr. BLUNT, Mr. Committee on Ways and Means. H.R. 705. A bill to suspend temporarily the BOEHNER, Mr. BONILLA, Mr. BRADY of By Mr. MCDERMOTT (for himself, Ms. duty on certain table tennis tables; to the Texas, Mr. BURGESS, Mr. CANTOR, Mr. NORTON, Mr. BROWN of Ohio, Mr. Committee on Ways and Means. CARTER, Mr. CASTLE, Mr. COLE, Mr. GEORGE MILLER of California, Ms. By Mr. STARK (for himself, Ms. WAT- COLLINS, Mr. COMBEST, Mr. CRANE, CARSON of Indiana, Mr. FROST, Mr. SON, Mr. KUCINICH, Mr. MCDERMOTT, Mr. CULBERSON, Mr. CUNNINGHAM, Mr. OWENS, Ms. JACKSON-LEE of Texas, and Mr. GEORGE MILLER of Cali- DEMINT, Ms. DUNN, Mr. FROST, Mr. Mr. SANDERS, Mr. INSLEE, Mr. MAT- fornia): GIBBONS, Ms. GRANGER, Mr. HALL, SUI, and Mr. LANTOS): H.R. 706. A bill to amend part A of title IV Mr. HAYWORTH, Mr. HENSARLING, Mr. H.R. 694. A bill to amend the Internal Rev- of the Social Security Act to promote secure HINOJOSA, Mr. HUNTER, Mr. ISAKSON, enue Code of 1986 to provide an interest-free and healthy families under the temporary Ms. EDDIE BERNICE JOHNSON of Texas, source of capital to cover the costs of install- assistance to needy families program, and Mr. KLINE, Mr. MCKEON, Mrs. ing residential solar energy equipment; to for other purposes; to the Committee on MYRICK, Mr. OSBORNE, Mr. PAUL, Mr. the Committee on Ways and Means. Ways and Means. PETERSON of Minnesota, Mr. PITTS, By Mr. MCINNIS (for himself, Mr. By Mr. STARK (for himself, Mr. LEACH, Mr. PORTER, Ms. PRYCE of Ohio, Mr. TANCREDO, and Mr. BEAUPREZ): Mr. KENNEDY of Rhode Island, Mr. REYNOLDS, Mr. REYES, Mr. ROGERS of H.R. 695. A bill to authorize the Secretary SERRANO, Mrs. JONES of Ohio, Ms. Alabama, Mr. SESSIONS, Mr. SHAW, of Agriculture to make a grant to support re- DELAURO, Mr. MARKEY, Mr. HINCHEY, Mr. STEARNS, Mr. SHADEGG, Mr. search to develop enhanced methods for the Mr. FRANK of Massachusetts, Mr. SMITH of Texas, Mr. TIBERI, Mr. long-term control and suppression of the TOWNS, Mr. WAXMAN, Mr. NADLER, THOMAS, Mr. THORNBERRY, Mr. invasive plant species tamarisk in the Colo- Mrs. CHRISTENSEN, Ms. WOOLSEY, Ms. UPTON, Mr. VITTER, Mr. WICKER, Mr. rado River watershed in western Colorado SCHAKOWSKY, Mr. FROST, Mr. WILSON of South Carolina, and Ms. and eastern Utah; to the Committee on Agri- MCDERMOTT, Mrs. DAVIS of Cali- HART): culture. fornia, Ms. LEE, and Mr. RODRIGUEZ): H. Res. 62. A resolution recognizing the By Mr. MEEKS of New York: H.R. 707. A bill to amend title XVIII of the H.R. 696. A bill to amend the Higher Edu- Social Security Act to permit direct pay- courage and sacrifice of those members of cation Act of 1965 to restrict the disqualifica- ment under the Medicare Program for clin- the United States Armed Forces who were tion of students for drug offenses to those ical social worker services provided to resi- held as prisoners of war during the Vietnam students who committed offenses while re- dents of skilled nursing facilities; to the conflict and calling for a full accounting of ceiving student financial aid; to the Com- Committee on Ways and Means, and in addi- the 1,902 members of the Armed Forces who mittee on Education and the Workforce. tion to the Committee on Energy and Com- remain unaccounted for from the Vietnam By Ms. MILLENDER-MCDONALD: merce, for a period to be subsequently deter- conflict; to the Committee on Armed Serv- H.R. 697. A bill to amend the Intermodal mined by the Speaker, in each case for con- ices. Surface Transportation Efficiency Act of sideration of such provisions as fall within By Mr. BONILLA: 1991 to designate a high priority corridor in the jurisdiction of the committee concerned. H. Res. 63. A resolution designating major- California; to the Committee on Transpor- By Mr. THOMPSON of California: tation and Infrastructure. H.R. 708. A bill to require the conveyance ity membership on certain standing commit- By Mr. MOORE (for himself and Mr. of certain National Forest System lands in tees of the House; considered and agreed to. YOUNG of Alaska): Mendocino National Forest, California, to By Mr. HEFLEY: H.R. 698. A bill to provide for and approve provide for the use of the proceeds from such H. Res. 64. A resolution providing amounts settlement of certain land claims of the Wy- conveyance for National Forest purposes, for the expenses of the Committee on Stand- andotte Nation, and for other purposes; to and for other purposes; to the Committee on ards of Official Conduct in the One Hundred the Committee on Resources. Resources. Eighth Congress; to the Committee on House By Mr. NETHERCUTT: By Mr. WICKER (for himself, Mr. Administration. H.R. 699. A bill to direct the Secretary of WEXLER, Mr. TAYLOR of Mississippi, By Ms. MILLENDER-MCDONALD (for the Interior to conduct a comprehensive Mr. WHITFIELD, Mr. PAUL, Mr. NOR- herself and Mr. ISSA): study of the Rathdrum Prairie/Spokane Val- WOOD, Ms. WOOLSEY, Mr. HOLDEN, Mr. ley Aquifer, located in Idaho and Wash- FILNER, Mr. SANDLIN, Mr. COMBEST, H. Res. 65. A resolution expressing the ington; to the Committee on Resources. Mr. PICKERING, Mr. FROST, Mr. DUN- sense of the House of Representatives regard- By Mr. PAUL: CAN, Mr. SHERMAN, Mr. BOUCHER, Mr. ing the military service of Filipinos during H.R. 700. A bill to amend the Federal Rules RUSH, Mr. HALL, Mr. MEEKS of New World War II and their eligibility for bene- of Appellate Procedure to require written York, Mr. DAVIS of Illinois, Mr. fits under programs administered by the Sec- opinions in certain cases, and for other pur- PLATTS, Mr. UDALL of Colorado, Mr. retary of Veterans Affairs; to the Committee poses; to the Committee on the Judiciary. GORDON, Mr. FALEOMAVAEGA, and Mr. on Veterans’ Affairs, and in addition to the By Mr. PAUL: CALVERT): Committee on Armed Services, for a period H.R. 701. A bill to restore to the original H.R. 709. A bill to amend title 38, United to be subsequently determined by the Speak- owners certain lands that the Federal Gov- States Code, to require Department of Vet- er, in each case for consideration of such pro- ernment took for military purposes in 1940; erans Affairs pharmacies to dispense medica- visions as fall within the jurisdiction of the to the Committee on Resources, and in addi- tions to veterans for prescriptions written by committee concerned. tion to the Committee on Government Re- private practitioners, and for other purposes; By Mr. SULLIVAN (for himself and Mr. form, for a period to be subsequently deter- to the Committee on Veterans’ Affairs. TURNER of Texas): mined by the Speaker, in each case for con- By Ms. ROS-LEHTINEN (for herself sideration of such provisions as fall within and Mr. LANTOS): H. Res. 66. A resolution supporting respon- the jurisdiction of the committee concerned. H. Con. Res. 32. Concurrent resolution ex- sible fatherhood and encouraging greater in- By Mr. RAHALL: pressing the sense of Congress with respect volvement of fathers in the lives of their H.R. 702. A bill to amend title 23, United to human rights in Central Asia; to the Com- children, especially on Father’s Day; to the States Code, to increase the Federal share mittee on International Relations. Committee on Education and the Workforce.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\L11FE7.100 H11PT1 H392 CONGRESSIONAL RECORD — HOUSE February 11, 2003 PRIVATE BILLS AND H.R. 203: Mr. HOUGHTON and Mr. ENGEL. H.R. 506: Mrs. WILSON of New Mexico. RESOLUTIONS H.R. 218: Mr. GOODE, Mr. SCHROCK, Mr. WIL- H.R. 513: Mr. JANKLOW, Mr. SOUDER, and SON of South Carolina, Mr. HAYES, Mr. Mr. KOLBE. Under clause 3 of rule XII, private WELLER, Mr. SANDLIN, Mr. QUINN, Mrs. H.R. 522: Mr. BURR, Mr. SOUDER, Mr. bills and resolutions of the following MYRICK, Mrs. NORTHUP, Mr. CHOCOLA, Mr. CRAMER, Mr. ADERHOLT, Mr. ROGERS of Ala- titles were introduced and severally re- TURNER of Texas, Mr. WICKER, Mr. DAVIS of bama, Mr. NETHERCUTT, and Mr. UDALL of ferred, as follows: Tennessee, Mr. FOLEY, Mr. PEARCE, Mr. Colorado. H.R. 528: Ms. WATSON, Mr. MCGOVERN, Mr. By Mr. ENGLISH: FROST, Mr. GORDON, Mr. COOPER, Mr. MCNULTY, Mr. DOOLEY of California, Mr. H.R. 710. A bill for the relief of Mrs. Flor- ENGLISH, Mr. RAMSTAD, Mr. BACHUS, and Mr. SCHIFF, Mr. BERMAN, and Mr. SWEENEY. ence Narusewicz of Erie, Pennsylvania; to GINGREY. H.R. 531: Mr. ROGERS of Washington, Mr. the Committee on the Judiciary. H.R. 235: Mr. RYUN of Kansas, Mr. AKIN, OTTER, Mr. PALLONE, Mr. TOWNS, Ms. CARSON By Mr. ENGLISH: Mr. WILSON of South Carolina, Mr. MICA, Mr. of Indiana, Mr. MCHUGH, Mr. RUSH, Mr. H.R. 711. A bill for the relief of Johanna GREEN of Wisconsin, Mr. SESSIONS, Mr. SPRATT, Mr. BARTON of Texas, Mr. BAKER, Bell; to the Committee on the Judiciary. BAKER, Mr. FRANKs of Arizona, Mr. HOEK- and Mr. ALEXANDER. By Mr. WICKER: STRA, Mr. PAUL, Mr. GIBBONS, Mr. LUCAS of H.R. 534: Mr. STENHOLM, Mr. SOUDER, Mr. H.R. 712. A bill for the relief of Richi Oklahoma, Mr. SHIMKUS, and Mr. CARTER, Mr. JOHN, Mr. ENGLISH, Mr. SKEL- James Lesley; to the Committee on the Judi- BALLENGER. TON, Mr. ROGERS of Kentucky, Mr. MCNULTY, ciary. H.R. 240: Mr. NETHERCUTT and Mr. FOLEY. H.R. 258: Mr. CASTLE. Mr. BERRY, Mr. FRANKS of Arizona, Mr. f H.R. 271: Mr. FOSSELLA and Mr. PASCRELL. CHOCOLA, Mr. BISHOP of Utah, Mr. JONES of ADDITIONAL SPONSORS H.R. 284: Mr. SHERWOOD, Mr. POMEROY, Ms. North Carolina, Mr. BARTON of Texas, Mr. MCCOLLUM, Mrs. WILSON of New Mexico, Mr. SCHROCK, and Mr. PUTNAM. Under clause 7 of rule XII, sponsors WEXLER, Mr. OBERSTAR, Ms. MCCARTHY of H.R. 545: Mr. HOEFFEL, Mr. SOUDER, and were added to public bills and resolu- Missouri, Mr. OTTER, Mr. MATSUI, Mr. BOU- Mr. WALSH. tions as follows: CHER, Mr. ENGLISH, Mr. SABO, Mr. MCGOV- H.R. 581: Mr. MCINTYRE and Mr. KING of New York. H.R. 4: Mr. CAMP, Mr. TOM DAVIS of Vir- ERN, Mrs. TAUSCHER, and Mrs. CAPPS. H.R. 584: Ms. PRYCE of Ohio, Mr. GOOD- ginia, Mr. WILSON of South Carolina, Mr. H.R. 302: Mr. GILLMOR, Mr. NORWOOD, and LATTE, Mr. RYUN of Kansas, Mr. ABER- AKIN, and Mr. TERRY. Mr. KUCINICH. CROMBIE, Mr. BURTON of Indiana, and Mr. H.R. 5: Mr. GOODLATTE, Mr. Burgess, Mr. H.R. 303: Mr. KING of New York, Mr. WEXLER. PICKERING, Mrs. KELLY, Mr. TOOMEY, Mr. REHBERG, Mr. LOBIONDO, Mr. WILSON of H.R. 589: Ms. CORRINE BROWN of Florida, CHABOT, Mr. PENCE, Mrs. EMERSON, Mr. ROG- South Carolina, Mr. HERGER, Mr. SANDLIN, Mr. SHIMKUS, Ms. ROYBAL-ALLARD, Ms. ERS of Alabama, Mr. SMITH of Texas, Mr. Mr. STRICKLAND, Mr. VITTER, Ms. BALDWIN, LOFGREN, Mr. GILLMOR, Mr. MCINTYRE, Ms. MCINNIS, Ms. BORDALLO, Mr. GINGREY, Mr. Mr. NETHERCUTT, Mr. BERRY, Mr. WYNN, Mr. LINDA T. SANCHEZ of California, Mr. TURNER EVERETT, Mr. MICA, and Mrs. JO ANN DAVIS LARSEN of Washington, Mr. ENGLISH, Mr. of Ohio, Mr. KUCINICH, Mrs. JONES of Ohio, of Virginia. WOLF, Mr. FRANK of Massachusetts, Mr. and Mr. TOWNS. H.R. 12: Ms. WATSON, Mr. ROGERS of Michi- ORTIZ, Mr. ABERCROMBIE, Mr. RAHALL, Ms. H.R. 594: Mr. WALSH, Mr. BACA, Ms. gan, Mr. TIAHRT, Mr. SESSIONS, Mr. GILLMOR, WOOLSEY, Mr. TERRY, and Mr. HAYES. LOFGREN, Mr. LARSEN of Washington, Mr. Mr. ROYCE, Mr. MATHESON, Mr. SIMMONS, Mr. H.R. 3324: Mr. SIMMONS. FLETCHER, Mrs. EMERSON, and Mr. OWENS. CUNNINGHAM, and Mr. HOEKSTRA. H.R. 336: Mr. UPTON. H.R. 613: Mr. SIMMONS. BERCROMBIE H.R. 339: Mr. DELAY, Mr. BLUNT, and Mr. H.R. 20: Mr. A , Mrs. H.J. Res. 3: Mrs. CAPITO, Mr. KOLBE, Mr. APOLITANO A OOD ASCRELL WELDON of Florida. N , Mr. L H , Mr. P , Mr. GREEN of Washington, Mr. SOUDER, Mr. EY THERIDGE APUANO H.R. 340: Ms. DUNN and Mr. HONDA. N , Mr. E , Mr. C , Mr. BERRY, Mr. ENGLISH, and Mr. ORTIZ. H.R. 342: Mrs. KELLY, Mr. PASCRELL, Mr. OLVER, Mr. GRIJALVA, Mr. OWENS, Mr. NEAL H.J. Res. 4: Mr. JENKINS, Ms. LORETTA POMEROY, and Mr. CRANE. of Massachusetts, Ms. BORDALLO, Mr. SANCHEZ of California, Ms. BERKLEY, Mr. H.R. 373: Ms. WOOLSEY, Mr. WYNN, Mr. ENGLISH, and Mr. FROST. GREEN of Wisconsin, Mr. LINDER, Mr. RYUN of GUTIERREZ, Mr. WAXMAN, Mr. ABERCROMBIE, H.R. 21: Mr. TERRY, Mr. FRANKS of Arizona, Kansas, and Mr. BOEHLERT. Mr. STARK, Ms. BERKLEY, Mr. DAVIS of Illi- Mr. KENNEDY of Minnesota, Ms. HOOLEY of H.J. Res. 12: Ms. MCCOLLUM, Mr. MARKEY, nois, Mr. OLVER, and Mr. ORTIZ. Oregon, and Mr. DUNCAN. Mr. STRICKLAND, Mr. BACA, Mr. FILNER, Mr. H.R. 378: Mrs. EMERSON. H.R. 23: Mr. ROGERS of Alabama. PRICE of North Carolina, Mr. RODRIGUEZ, Mr. H.R. 33: Mr. SANDLIN, Mr. KING of Iowa, Mr. H.R. 383: Mr. SCHIFF. BERMAN, Mr. ABERCROMBIE, MR. HASTINGS of SCHROCK, Mr. TIAHRT, Mr. SANDERS, Mr. H.R. 395: Mr. FRELINGHUYSEN, Ms. BERK- Florida, Mr. FROST, Mr. STENHOLM, Ms. GILLMORE Mr. PETRI, Mr. KIND, Mr. PEARCE, LEY, Mr. SHERMAN, and Mr. BILIRAKIS. SLAUGHTER, Mr. LEVIN, Mr. PASTOR, Ms. Mr. FARR, Mr. JANKLOW, Mr. GORDON, Mr. H.R. 396: Mrs. JONES of Ohio and Ms. NOR- SCHAKOWSKY, Ms. SOLIS, Mr. KIND, Mr. ORTIZ, Mr. MATHESON, and Mr. LATHAM. TON. COSTELLO, Mr. SCHIFF, and Ms. ESHOO. H.R. 44: Mr. CRANE. H.R. 401: Mr. HOLDEN, Mr. FOLEY, Ms. H.J. Res. 15: Mr. FLAKE. H.R. 49: Mr. BARRETT of South Carolina, BERKLEY, and Mr. NADLER. H.J. Res. 19: Mr. MCCOTTER and Mr. KLINE. H.R. 412: Mr. SHERMAN, Mr. LOBIONDO, Ms. Ms. LORRETTA SANCHEZ of California, Mr. H.J. Res. 20: Mr. CLAY. PAUL, Ms. ROS-LEHTINEN, Mr. SIMMONS, Mr. LINDA T. SANCHEZ of California, Mr. ROTH- H. Con. Res. 3: Mr. BERMAN and Mr. BELL. TERRY and Mr. JOHNSON of Illinois. MAN, Mr. KUCINICH, Mr. RYAN of Ohio, Mr. H. Con. Res. 18: Mr. HOEFFEL and Ms. LEE. H.R. 57: Mr. KING of Iowa, Mr. ROGERS of HASTINGS of Washington, and Mr. SIMMONS. H. Con. Res. 19: Ms. CARSON of Indiana, Ms. Alabama, Mr. MATHESON, Mr. FLETCHER, Mr. H.R. 431: Mrs. BONO. SCHAKOWSKY, Mr. WAXMAN, Mr. DAVIS of Illi- HOEKSTRA, and Mr. RENZI. H.R. 433: Mr. HERGER and Mr. CUNNINGHAM. nois, Mr. CUMMINGS, Mr. GRIJALVA, Ms. H.R. 73: Mr. CAPUANO, Mr. GOODE, Mrs. H.R. 434: Mrs. MYRICK, Mr. VITTER, Mr. SOLIS, Mr. HONDA, Ms. MCCOLLUM, Mr. KELLY, Mr. HINCHEY, Ms. MCCARTHY of Mis- KOLBE, Mr. SIMPSON, Mr. ROGERS of Michi- CARDIN, Mr. PASTOR, Mr. BACA, Mr. HINCHEY, souri, Mr. SERRANO, Mr. SANDERS, Mr. GOOD- gan, Mr. NETHERCUTT, and Mr. SCHROCK. Mr. KILDEE, Mrs. LOWEY, Mr. WEXLER, Mr. LATTE, Mr. LOBIONDO, Mr. FILNER, Mr. AN- H.R. 436: Ms. NORTON and Mr. OWENS, and Mr. GEORGE MILLER of Cali- DREWS, and Mr. RAHALL. FALEOMAVAEGA. fornia. H.R. 105: Mr. OWENS and Mr. GRIJALVA. H.R. 442: Mr. MCHUGH, Mr. BARTLETT of H. Con. Res. 22: Mrs. JONES of Ohio, Mr. H.R. 140: Mr. TOWNS, Mr. CLYBURN, Mr. Maryland, and Mr. WALSH. MCDERMOTT, Mr. SHERMAN, Mr. CROWLEY, WILSON of South Carolina, and Mr. BROWN of H.R. 444: Mr. MURPHY. Ms. MCCARTHY of Missouri, and Mr. H.R. 456: Mr. TERRY. South Carolina. MCCOTTER. H.R. 141: Mr. CLYBURN, Mr. TOWNS, Mr. H.R. 466: Mr. PLATTS, Mr. FOLEY, Mr. H. Con. Res. 23: Mr. SPRATT, Mr. SMITH of TAYLOR of Mississippi, Mr. BROWN of South WELDON of Pennsylvania, Mr. SIMMONS, Mr. Washington, Mr. RYAN of Wisconsin, Ms. Carolina, and Mr. SPRATT. HOEFFEL, Mrs. TAUSCHER, Mrs. MCCARTHY of ROYBAL-ALLARD, and Mr. SAM JOHNSON of H.R. 167: Mr. ENGEL, Mr. KIRK, Mr. New York, Mr. ISSA, Mr. LANTOS, and Mr. Texas. ENGLISH, and Mr. KLINE. CALVERT. H. Con. Res. 25: Mr. SESSIONS. H.R. 172: Mr. BISHOP of New York, Mrs. H.R. 478: Mr. BISHOP of Utah. H. Con. Res. 27: Mr. SHERMAN, Mr. MARIO KELLY, and Mr. PASCRELL. H.R. 487: Mr. OWENS. DIAZ-BALART of Florida, Mr. LINDER, and H.R. 173: Mr. LATOURETTE, Mrs. KELLY, Mr. H.R. 490: Mr. COOPER, Mr. BAKER, Mr. Mrs. BIGGERT. CLAY, Mr. DEAL of Georgia, Mr. RYUN of Kan- LANGEVIN, Mr. FROST, Mr. JANKLOW, Mr. H. Con. Res. 29: Mr. NEY, Mr. PETERSON of sas, Mr. PRICE of North Carolina, Mr. ACKER- CLAY, Mr. BERRY, Mr. BERMAN, Mr. ACKER- Pennsylvania, Mrs. MYRICK, Mr. RYUN of MAN, Mr. CUNNINGHAM, Mr. OWENS, Mr. MAN, Mrs. TAUSCHER, Mr. MILLER of North Kansas, Mr. REYNOLDS, Mr. BARTON of Texas, SPRATT, Mr. ISAKSON, Mr. MATHESON, Mr. Carolina, Mr. SPRATT, Mr. MATHESON, Mr. Mr. WILSON of South Carolina, Mr. ROGERS of BARTON of Texas, Ms. SLAUGHTER, Mr. UDALL BEREUTER, Mr. NETHERCUTT, Mr. SANDLIN, Michigan, and Mr. PLATTS. of Colorado, Mr. SHIFF, Mr. FROST, Mr. and Mr. SCHIFF. H. Con. Res. 30: Mr. HYDE. HASTINGS of Washington, and Mr. MCNULTY. H.R. 501: Mr. BERRY, Mrs. JONES of Ohio, H. Res. 43: Mr. NADLER. H.R. 192: Ms. DUNN, Mr. INSLEE, Mr. Mr. POMEROY, Mr. SANDERS, Mr. ACKERMAN, H. Res. 49: Mr. BACA, Mr. LEACH, Mr. RAMSTAD, Mrs. NAPOLITANO, and Mr. Mr. MATSUI, Mr. OWENS, Mr. KELLER, and Mr. CRAMER, Mr. MCDERMOTT, Mr. FRANK of Mas- DOGGETT. MCINNIS. sachusetts, Mrs. DAVIS of California, Mr.

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LAHOOD, Mr. BRADLEY of New Hampshire, H. Res. 56: Mr. HASTINGS of Florida, Ms. REYES, Ms. SOLIS, Mr. BERMAN, Mr. MILLER Mr. SANDLIN, Mr. MICHAUD, Mrs. MCCARTHY KILPATRICK, Mr. PASCRELL, Mr. HINCHEY, Mr. of North Carolina, Mr. GONZALEZ, Ms. of New York, Mr. FOSSELLA, Mr. TURNER of BALLANCE, Mr. OBERSTAR, Mrs. NAPOLITANO, SCHAKOWSKY, Mr. SABO, Mr. COOPER, Mr. Ohio, Mr. FILNER, Mr. WILSON of South Caro- Mr. MCNULTY, Mr. NADLER, Mr. BRADY of CASE, Ms. BORDALLO, Mr. DAVIS of Illinois, Pennsylvania, Mr. STARK, Mr. LANGEVIN, Ms. Mr. RANGEL, Mr. UDALL of Colorado, Mr. lina, Mr. PASCRELL, Mr. LOBIONDO, Mr. BE- PELOSI, Mr. GRIJALVA, Mr. SERRANO, Mr. FROST, Ms. ROYBAL-ALLARD, Mr. SCHIFF, Mr. REUTER, Mrs. MUSGRAVE, Mr. NEAL of Massa- MORAN of Virginia, Mr. PRICE of North Caro- FRANK of Massachusetts, Mr. LANTOS, and chusetts, Mr. HALL, Mr. EDWARDS, Ms. ROS- lina, Mr. MCGOVERN, Mrs. TAUSCHER, Mrs. Mr. BECERRA. LEHTINEN, Mr. ISAKSON, Mr. BARTON of MALONEY, Mr. FARR, Mr. GEORGE MILLER of H. Res. 58: Mr. GUTIERREZ and Mr. KLECZ- Texas, Mr. WEXLER, and Mr. WALSH. California, Ms. MILLENDER-MCDONALD, Mr. KA.

VerDate Jan 31 2003 03:49 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A11FE7.028 H11PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, FEBRUARY 11, 2003 No. 25 Senate The Senate met at 9:30 a.m. and was The deliberations on the Senate floor some of the policy stands the chairman called to order by the President pro yesterday were hearty and robust, and of the Appropriations Committee has tempore (Mr. STEVENS). I believe many Senators have now had taken, one has to admire the work he an opportunity to express their views. did last night. It was really remarkable PRAYER It is my objective to reach an agree- that he had every chair and ranking The guest Chaplain, Dr. Dale A. ment with the Democratic leader re- member of the subcommittees there, Meyer, Concordia Seminary, St. Louis, garding a time for vote on this nomi- including the chairs of the full com- MO, offered the following prayer: nee. mittees and ranking members, and was Enter into this chamber, O Spirit of The schedule for this week, and until able to work through that myriad of God, this chamber of my heart and the the Estrada nomination is completed, information. It is now down to where it hearts of all who sincerely pray with is dependent upon reaching an agree- is really close to something we can me. O Most High, You know the feel- ment with respect to the pending nomi- vote on this week. ings and thoughts of our hearts before nation. I will continue to discuss with While the chairman of the committee they ever come to our lips. Enter in the Democratic leader the options for is here, I wanted to acknowledge in and work in us the reverence that completing work on this important front of his leader the remarkable job comes from a humble acknowledgment nomination. In the absence of any he did last night. We look forward to of Your Lordship. Enter in with the in- agreement, the Senate should expect some productive work this week. These spiration of Your love for each of us, a very late evenings. My objective is to are two most important matters. I am love to which prophets, evangelists, complete this nomination process with sure the Senator and our leader will and apostles have borne witness for our a vote this week. have a conversation in the immediate temporal and eternal good. May that The Senate also needs to complete future about the Estrada nomination. love constrain us to service in this Sen- action on the omnibus appropriations f ate that will result in greater good for conference report when it becomes RESERVATION OF LEADER TIME our beloved Nation. available. The conferees worked well Spirit of our Creator and Redeemer, into last night on the conference re- The PRESIDING OFFICER. Under deliver us, we pray, from every evil of port, and I will be speaking to the the previous order, the leadership time body and soul, property and honor this chairman of the Appropriations Com- is reserved. day and until that day when we stand mittee as to their success in closing f before Your eternal throne. Amen. out that conference. These are two very important pieces of business EXECUTIVE SESSION f which must be addressed this week. PLEDGE OF ALLEGIANCE As a reminder, the Senate will recess NOMINATION OF MIGUEL A. The PRESIDENT pro tempore led the today from 12:30 to 2:15 in order to ac- commodate the weekly policy lunch- ESTRADA, OF VIRGINIA, TO BE Pledge of Allegiance, as follows: UNITED STATES CIRCUIT JUDGE I pledge allegiance to the Flag of the eons. Finally, I would forewarn all Sen- FOR THE DISTRICT OF COLUM- United States of America, and to the Repub- BIA lic for which it stands, one nation under God, ators that the Senate will remain in indivisible, with liberty and justice for all. session in order to complete the The PRESIDING OFFICER. Under f Estrada nomination as well as the om- the previous order, the Senate will now nibus conference report. go to executive session and resume RECOGNITION OF THE MAJORITY I thank all Senators for their atten- consideration of Executive Calendar LEADER tion and look forward to the debate Order No. 21, which the clerk will re- The PRESIDING OFFICER (Ms. MUR- over the course of today, and hopefully port. KOWSKI). The majority leader is recog- we can reach some agreement, either The legislative clerk read the nomi- nized. this morning or this afternoon, on a nation of Miguel A. Estrada, of Vir- f time certain for a vote. ginia, to be United States Circuit Mr. REID. Madam President, while Judge for the District of Columbia Cir- SCHEDULE the majority leader is on the floor and cuit. Mr. FRIST. Madam President, today also the President pro tempore is seat- The PRESIDING OFFICER. The Sen- the Senate will continue the consider- ed in the Chamber, the chairman of the ator from Utah. ation of the nomination of Miguel Appropriations Committee—the same Mr. HATCH. Madam President, I Estrada to be a DC Circuit Court judge. person—while one may disagree with have heard so much misinformation

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

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VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2126 CONGRESSIONAL RECORD — SENATE February 11, 2003 about Mr. Estrada here on the floor of This answer was apparently suffi- This chart I have in the Chamber the Senate for the past few days, I cient to satisfy the members of the shows what he actually said: hardly know where to begin to correct committee that Judge Thomas would Candidates should decline to reply when ef- the record. It is simply amazing to me follow the law regardless of his per- forts are made to find out how they would that some of my Democratic colleagues sonal convictions about the death pen- decide a particular case. claim they cannot support Mr. Estrada alty. But when Miguel Estrada gave That is the leading Democrat lawyer because he lacks judicial experience or similar answers to questions from in this town. He has been Chief Counsel because he hasn’t been a law professor Democratic committee members, he to two Presidents, two Democratic or because he has not published exten- was accused of not being forthcoming. Presidents. He is highly regarded as a sively. Let me remind my colleagues That is a double standard: We will constitutional expert and a great law- there are more than a few nominees treat President Clinton’s nominees dif- yer not only in the area of Washington, confirmed as circuit judges whose ferently than we will treat President DC, but throughout the country. He is record did not include judicial experi- Bush’s nominees. a fine man. I have always respected ence or extensive scholarly writings Judge Thomas was also asked: him, and I do today. but whom they managed to vote for Do you believe the Federal Constitution So regarding judicial nominees, he and confirm anyway. Yesterday I listed contains . . . a right to privacy? stated, in unequivocal terms, that: 26 circuit court of appeals judges who He replied: Candidates should decline to reply when ef- had no judicial experience when they Well, the Supreme Court, again, has spo- forts are made to find out how they would were nominated but were confirmed ken on that. There is no explicit right to pri- decide a particular case. anyway. That is just a small fraction vacy in the Federal Constitution. Montana In his opinion: has a constitutional protection for privacy. of all those who never had judicial ex- What is most important is the appoint- That is another area where I think the appel- ment of judges who are learned in the law, perience before the last number of late courts have to proceed very carefully in years. who are conscientious in their work ethic, light of the Supreme Court precedent in the and who possess what lawyers describe as Don’t get me wrong. Even though area. ‘‘judicial temperament.’’ they have had no judicial experience, There were no followup questions de- Mr. Estrada’s academic achievement, these are all very qualified judges who manding to know his personal opinion his professional accomplishments, the deserved confirmation. But I don’t be- on whether there is a right to privacy letters of support we have received lieve any of them clerked for a Su- in the Constitution. His acknowledge- from his colleagues—both Democrat preme Court Justice or argued 15 cases ment of controlling Supreme Court and Republican—and his unanimously before the United States Supreme precedent, coupled with his statement well-qualified, highest rating by the Court, as has Mr. Estrada. that ‘‘courts ought to move very cau- American Bar Association, all indicate Take, for example, Clinton Ninth Cir- tiously’’ in this area, were deemed suf- that Mr. Estrada fits this description cuit nominee Sidney Thomas. He grad- ficient to confirm him, as I think they and deserves our vote of confirmation. uated from the University of Montana should have been. At the same hearing at which Mr. Law School in 1978 and went straight I could go on to discuss other con- Cutler made his statements about the into private practice with a firm in Bil- firmed circuit judges with backgrounds appropriate scope of the inquiry for lings, where he remained for his entire similar to Judge Thomas’s, but I think confirming judicial nominees, another pre-judicial career. Of the 10 writings the point is clear: Miguel Estrada is legal luminary, Boyden Gray, testified. or speeches he listed in his question- being held to a different standard, even Mr. Gray, of course, served as White naire, four of them consisted of out- though his qualifications are similar House Counsel in the first Bush admin- lines of presentations. The fifth was to—or exceed—those of other con- istration. During his testimony, he copyrighted while he was still in col- firmed circuit court of appeals judges. told us that two Democratic Senators, Let me next turn to the allegation lege and so could not possibly present who are former Judiciary Committee that Mr. Estrada was not sufficiently his legal views. Still another appears chairmen, met with him very early in responsive to questions he was asked at to be a study guide for a college class the administration to let him know in his hearing. he taught. Given this record, I would no uncertain terms that if the White not have expected a review of the hear- Let’s get to the heart of the matter. The real complaint of some of my House were caught asking any poten- ings transcript to reveal demands by tial nominee any questions about spe- my Democratic colleagues for access to Democratic colleagues is that no plau- sible reason to oppose Mr. Estrada’s cific cases, that nominee would be flat- internal memoranda Judge Thomas ly rejected. Now, that is arrogance at prepared at his law firm, memoranda nomination exists. But instead of say- ing this, they complain that Mr. its height, to tell Boyden Gray that or that are commonly known as attorney to have that attitude. Surely, the work product. Instead, a review of his Estrada refused to criticize the rea- soning of settled Supreme Court prece- White House should be able to talk to hearing transcript reveals a grand their potential nominees about what total of less than two pages of ques- dent. Of course, if Mr. Estrada is confirmed their viewpoints are before they nomi- tions, all of them asked by a Repub- nate them. lican committee member. The Demo- as a lower court judge, he will be bound to follow Supreme Court precedent re- On the other hand, Mr. Gray, of cratic committee member declined to course, is one of the most respected ask Judge Thomas any questions, de- gardless of whether he is critical of it. This was what he testified he would do people in Utah. Again, Boyden Gray is spite a record that includes no judicial one of the great lawyers in Wash- experience and limited published if confirmed, and this was the only re- sponsible answer to the questions he ington; like Mr. Cutler, he is highly re- writings. spected, has been in very responsible Let me read you some of the exacting was asked about specific Supreme Court cases. positions, and has fulfilled his service questions Judge Thomas was asked at to the U.S. Government very well. his confirmation hearing and some of During the course of this debate, I have already mentioned the statements As Mr. Gray pointed out, that same the answers he gave. philosophy is reflected in the Judiciary He was asked: Lloyd Cutler has made on this point, but I believe they are worth repeating Committee questionnaire, which all ju- Would you state in detail your best inde- because some of my Democratic col- dicial nominees must complete before pendent legal judgments with regard to ex- the committee will act on their nomi- isting Supreme Court precedent on the con- leagues keep resurrecting the spurious allegation that Mr. Estrada was not nations. The questionnaire asked the stitutionality of capital punishment? following: Judge Thomas replied: forthcoming at his hearing. Mr. Cutler, as we all know, served Has anyone involved in the process of se- Well, I believe that the Supreme Court has this country well as counsel to Presi- lecting you as a judicial nominee discussed spoken, I think quite appropriately, on the with you any specific case, legal issue, or death penalty. I do not possess any moral or dents Carter and Clinton. He also question in a manner that could reasonably religious convictions which would cause me served on two national commissions be interpreted as asking or seeking a com- to not apply the death penalty in an appro- that addressed problems in the con- mitment as to how you would rule on such a priate case. firmation process. case, issue or question?

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2127 The clear goal of this question is to against his confirmation because he always say forget the advice part, just deter any White House from getting has abided by what really are rules consent, and let us get on with busi- commitments from potential nominees that have long been time honored in ness. But, like it or not, we understand on how they would rule on specific the Senate. the responsibility of the Senate is to cases, or commitments that they would I yield the floor. ask the hard questions, to say if any overrule certain Supreme Court deci- Madam President, I suggest the ab- nominee before you will receive a life- sions. sence of a quorum. time appointment to the Federal judi- I happen to know the Republican The PRESIDING OFFICER. The ciary, particularly beyond the district White Houses have acted honorably clerk will call the roll. level, the lower court level, to the cir- with regard to this responsibility. I re- The legislative clerk proceeded to cuit level where, in fact, many policy member during the Reagan years, some call the roll. decisions affecting America are made, of our friends on the other side were Mr. DURBIN. Madam President, I ask we want to know who you are. We want constantly questioning whether the unanimous consent that the order for to know what you think. We want to White House was trying to influence its the quorum call be rescinded. make certain we are putting a person judicial nominees during the Reagan The PRESIDING OFFICER. Without in this position of responsibility who administration to vote a certain way objection, it is so ordered. can meet the challenge. once they got on the courts. Mr. DURBIN. Madam President, this The obvious questions are there. We I happen to know that that was to- is a historic debate on the floor of the certainly ask whether a person has a tally irresponsible on the part of our Senate. It is rare in our history that background and a knowledge of the colleagues because the person who vet- the Senate has considered the nomina- law, whether they have a reputation ted all of these nominees happened to tion of the President of the United for honesty, and whether they have ap- be a former staffer of mine who is now States for a circuit judgeship and at propriate temperament. But other on the Michigan State Supreme Court least the prospect of a filibuster is questions arise as well, questions as to and one of the great jurists of this looming. It is an interesting issue his- whether this person seeking a policy- country. I know he never asked or told torically that the Senate would reach making position on the court who will people what they should be doing with this point that the minority in the stand in judgment of laws passed by regard to their future, after confirma- Senate—in this case, the Democratic the Congress is a person of moderation tion, on any particular court. side of the aisle with 49 Members— and is reasonable in their outlook. We It now appears that some Senate would suggest to the majority party cannot reach a conclusion on this sim- Democrats want to forbid the White that we will stop this nomination by ply based on press reports. We have to House from asking nominees how they filibuster. I have asked my staff to ask the questions and seek the an- would rule on specific issues while re- take a look historically to find out how swers. That has been done time and serving that right for themselves. Call often that has occurred. It is extremely time again with nominees from Demo- it what you will, but this is a double rare. Maybe the Senator from Utah can cratic Presidents as well as Republican standard if I have ever seen one. More illuminate my knowledge. But I am Presidents. fundamentally, it threatens the very told only in the case of Abe Fortas, What is troubling to most of us who independence of the Federal judiciary who was being suggested as Chief Jus- come to this floor and suggest there is that our constitutional system of tice, was a filibuster suggested. The ob- a problem with Miguel Estrada’s nomi- checks and balances was designed to vious question by those observing the nation to the District of Columbia Cir- preserve. debate is, Why? Why at this moment in cuit Court is he was so purposefully I cannot believe some of the ques- time, with this nominee, is the Senate, vague and so secretive in terms of his tions that have been asked and some of maybe for the first or second time in own point of view and his own philos- the statements that have been made its history, considering a filibuster? ophy. This is a man who has academic about how unresponsive Miguel Many of us who serve on the Judici- and legal credentials. He is not a new- Estrada was when they were asking ary Committee believe this nomination comer freshman from a bar exam com- him questions about how he would rule and this debate is so historically sig- ing before us. He is a man who, across when he became a member of the Cir- nificant that we must consider an ex- the street from this building, sat as a cuit Court of Appeals for the District traordinary response by the minority clerk in the Supreme Court. He has ad- of Columbia. Now, they might say, ‘‘We of the Senate. It certainly goes beyond vised the Justices of the Supreme did not directly ask that,’’ but that is the question of Miguel Estrada, al- Court on some of the most important what was behind it. though I will address what he has said legal issues of our time. A number of Senators on the other and what he has testified during the Yet, when we asked him basic and side have indicated they need to know course of our committee hearing. But fundamental questions, I was stunned the philosophy of these nominees. I it has been my good fortune to serve by his efforts to really stonewall, to think that is irrelevant, as long as the now for my fifth year on the Senate basically refuse to tell the Senate Ju- philosophy is that they will uphold the Judiciary Committee, both under diciary Committee where he stands. In precedents of the courts above them. President Clinton, a Democrat, and light of that, what is my responsibility And to be honest with you, this is President Bush, a Republican; both as a Senator? When this nominee re- going way too far in some ways. under Chairman HATCH as Republican fuses to disclose the most basic infor- Let’s face it, too many questions in chairman of the committee and PAT- mation about who he is and what he the confirmation hearings of President RICK LEAHY of Vermont as the Demo- believes and what is in his heart, am I Bush’s judicial nominees seem cal- cratic chairman. I have watched the at that point to step back and say let culated politically to manipulate the ebb and flow of this process. us give him the benefit of the doubt; if judicial selection process and to frus- I think we have to stop and reflect he doesn’t want to answer the ques- trate the appointment of judges who for a moment about why we are at this tions, so be it? I am not going to do would refuse to follow a potentially moment considering this nomination that, and I will tell you why. popular course when the Constitution and taking it so seriously. It goes to As a Member of the House of Rep- and settled judicial precedent provide our oath of office. When each of us is resentatives, I watched the Clarence otherwise. Miguel Estrada was right sworn into the Senate, we walk down Thomas hearings for the Supreme not to fall into the trap of criticizing this aisle and stand before the Vice Court. I was stunned when then-nomi- particular Supreme Court cases that he President of the United States and nee Clarence Thomas was asked his may be called upon to rely upon as a swear to uphold the Constitution. And views on the issue of abortion, a major sitting Federal judge. within that Constitution is an explicit social policy and a major legal issue. My colleagues should be commending delegation of authority to the Senate He wasn’t asked on a specific law him for this, not proffering it as a rea- not to give blanket approval to any whether he would rule one way or the son to vote against his confirmation. President’s judicial nominees but to other but just on the issue of abortion. Unfortunately, that is basically their advise and consent. It is natural that Clarence Thomas said he had not really argument, that they should vote the President’s party in Congress will thought about that issue very much.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2128 CONGRESSIONAL RECORD — SENATE February 11, 2003 That is an incredible statement for a with in the history of the United panic caucus has come out in opposi- man seeking a position on the Supreme States, and can’t name one judge, liv- tion. Court in two respects. Clarence Thom- ing or dead, whom he would seek to Mr. STEVENS. Which is all Demo- as was a Catholic seminarian who went emulate on the bench. crats. to a Conception monastery in Missouri What does that tell you? It tells you Mr. DURBIN. At this point, the vast known as Conception Abbey. To think the Estrada nomination is making a majority of those serving of Hispanic you could go through that training and mockery of our constitutional respon- origin are Democrats. never have a view on the issue of abor- sibility in the Senate. Mr. STEVENS. It is all Democrats. tion is absolutely incredible. To think He has refused to disclose the legal Mr. DURBIN. I am sure the Senator you can be a law student, as Clarence memoranda he has written as a person from New York will catalog all the His- Thomas was when Roe v. Wade was de- working at the Department of Justice panic organizations that oppose this cided, and never have discussed the and for the court. He has refused to an- nominee. It is not just the Democratic members of the Hispanic caucus. I see issue just defies any credibility. swer the most basic questions. And he It, frankly, established a line of at- comes to us and says: Take it or leave my colleague has come to the floor. I tack by those who want to go to the it. yield to the Senator from New York. The PRESIDING OFFICER (Mr. COR- highest courts of the land and avoid We hear that our opposition to him NYN). The Senator from New York. the tough and hard questions. clearly must be because he is a His- Mrs. CLINTON. Mr. President, I ap- The Clarence Thomas tactic and panic, maybe conservative in his views. preciate the many points made by my strategy is being followed today by Excuse me. As a member of the Judici- colleagues with respect to this nomina- Miguel Estrada. CHARLES SCHUMER, ary Committee, I have repeatedly tion. As I have listened to the debate, Senator from New York, asked him a voted in favor of conservative nomi- not having been a member of the Judi- basic open-ended question which you nees from the Bush White House. I un- ciary Committee, I have tried to edu- can ask any law student in their first derstand this is the President’s prerog- cate myself on what this is all about. I or second year. When you look at the ative, but I have tried to find in each of put myself into the position of some- history of the Supreme Court of the them a reasonable approach to the law body at home who maybe just has United States and 200 years of deci- and a reasonable understanding of the turned on C–SPAN or is flipping chan- sions made by the men and women on philosophy of law which will give them nels and sees us talking about some- the Supreme Court, is there one deci- a chance to be at least moderate in thing. They are trying to understand sion you would disagree with? Is there their approach on the bench. That is what this is all about. one you could point to and say the something all of us should seek to do. I thought I would come to the Cham- Court made the wrong decision? I hope I will have an opportunity later this ber and perhaps talk a few minutes most Americans would say some are morning to come to the floor. about what I think it is about and to fairly obvious; the Dred Scott decision, Mr. REID. Will the Senator yield for try to answer some of the questions which basically recognized slavery in a question? that might be in the minds of New this country; Plessey v. Ferguson, Mr. DURBIN. I am happy to yield. Yorkers and Americans. which said separate but equal is a fair Mr. REID. I ask the Senator from Il- First, it is about the nomination of a civil rights standard—the list goes on linois, who had a long and impressive gentleman to become a judge on what and on. record in the House of Representatives, everyone, regardless of what party you Yet, Miguel Estrada, with all of these is he aware of the stand that the His- are or where you live in the country or academic decisions and all of his expe- panic caucus has taken on Miguel whether or not you are a lawyer, be- rience before the Supreme Court, re- Estrada? lieves is the second most important fused to name one decision by the Su- Mr. DURBIN. I am. It is instructive court in our land. Everybody knows preme Court he would disagree with. that this Hispanic nominee to such a under our system of government the What does that tell you? That this man high court is opposed by the Hispanic Supreme Court is the supreme court. It is such a blank slate it has never caucus. They have sat down with Mr. is the most important. But as we have crossed his mind that a decision by the Estrada in private and asked him ques- gone through many decades of courts Supreme Court over time has been tions about his views on issues, and hearing cases, of new causes of action found to be wrong for this United they have come out in opposition to his for people to be able to bring cases, States, or a decision by the Supreme nomination. There are many—myself what has emerged very clearly is that Court has been found to be violative of included, and I have appointed His- because the Supreme Court cannot constitutional values and principles? panics to the Federal bench in Chi- take every case that has to be finally What is going through his mind? The cago—who believe there should be more resolved one way or the other, many of Clarence Thomas tactic—don’t answer Hispanic nominees. Under the Clinton the most important cases that are real- anything, don’t say a word. administration, quite a few nominees ly significant to people living from one I asked Mr. Estrada a question. I sent were brought before the committee, end of our country to the other are fi- it in writing to give him a chance to and many were approved. That should nally decided in the District of Colum- think about it. I asked, In terms of ju- continue. But doesn’t it tell you some- bia Court of Appeals. dicial philosophy, please name several thing that this high level, high profile This is the court that sits here, and judges, living or dead, whom you ad- appointment is opposed by the His- it has some special jurisdiction about mire and would like to emulate on the panic caucus? environmental matters and labor mat- bench. Mr. STEVENS. Will the Senator ters and energy matters. This is a real- Listen. If that were a question in a yield for a question? ly big deal court. This really matters. constitutional law course, you would Mr. DURBIN. I am happy to yield. It is not just any court. It is the DC breath a sigh of relief saying, Thank Mr. STEVENS. Is the Senator aware Court of Appeals. goodness, this is easy. I ought to be that Republican Members of the House All of our courts of appeals are im- able to find one Justice, either liberal of Representatives who are not in that portant and because as you go up the or conservative, that I agree with, and caucus because it is purely a Demo- Federal court system, you start with maybe one on each side. cratic caucus do support this nominee? all of the district courts that are in He said there is no judge, living or Mr. DURBIN. There are those who every State and sometimes, depending dead, whom I would seek to emulate on support this nominee. upon the size of the State and many the bench in terms of judicial philos- Mr. STEVENS. I mean in the House parts of the State and decisions there, ophy, or otherwise. of Representatives. The Senator is try- if you are not satisfied with them, get It is breathtaking. This man wants to ing to leave the impression that people appealed to the courts of appeal. It is be taken into the Federal judiciary in of Spanish background in the House of like a pyramid. It starts narrowing be- the second highest court of the land for Representatives all oppose this nomi- cause the numbers of cases that can be a lifetime appointment and is so cau- nee. heard, the kinds of issues that can be tious and so careful he can’t name one Mr. DURBIN. I didn’t say that. I said, heard begin to narrow because, clearly, Supreme Court decision he disagrees if you check the record, that the His- choices have to be made.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2129 Not everybody who starts a lawsuit hospital, or to supervise the construc- Well, I suppose that is a strategy, but in a Federal district court will be able tion of your house, that these are peo- it is an unconstitutional strategy. It is to get to the court of appeals. Even ple qualified, able to answer your ques- a strategy that is absolutely contrary fewer will get to the Supreme Court. tions, that you confidently believe can to what the Founders intended when When we face a decision of giving get the job done. they spent all those hot days in Phila- someone a lifetime job, we have to That brings us to what we are debat- delphia writing the Constitution. They take that seriously. We have to take it ing today, a very important court, life- expected advise and consent to actu- seriously whether it is a district court time appointment, second only to the ally be the responsibility of Senators. or a court of appeals or the Supreme Supreme Court in the number of impor- How can you advise and, certainly, Court. Actually, that is the way our tant cases decided, rooted in our Con- consent if you cannot even get basic in- Constitution set it up. stitution where we as Senators, rep- formation about where someone you If the Constitution, which I think is, resenting the constituents we serve, are going to give a lifetime job to other than the Bible, the most amazing are required, are duty bound under our stands on all these important issues? document the world has ever seen, if Constitution to advise and consent It is not as though members of the the Constitution meant for the Presi- with respect to the President’s nomina- Judiciary Committee didn’t try. They dent to say OK, this is who I want to tions. certainly tried. Led by my colleague sit on that bench, and just pick out any Now, I have voted for many judges and friend from New York, Senator since I have been in the Senate over person who the President chose and SCHUMER, they tried every which way just send them to the bench, the Con- the last 2 years, and those judges are they knew. You have already heard not people, by and large, I ever knew stitution would have said that. But this morning from Senator DURBIN of personally or with whom I had any di- that is not what the Constitution says. Illinois how questions were phrased rect dealings. But the Judiciary Com- The Constitution very clearly sets up and, if he could not get an answer from mittee, which consists of Republicans what we call a balance of power. That Mr. Estrada, how they would be re- and Democrats, is charged with the re- is an important concept. That is crit- sponsibility of doing the work of trying phrased, trying to get some informa- ical to how successful we have been as to figure out whether somebody is tion. It was a classic stonewall; there is a nation. It is absolutely fundamental qualified and whether they should get no information, no record, nothing to as to our democracy continuing to this lifetime appointment. They are which anybody can point. Now, that puts a Senator in a very function over all these many years be- the first of our colleagues to advise and cause we have a balance of power. consent, or advise and not consent. I difficult position. If you are just going We know human beings are fallible. know the members of the Judiciary to do what the White House tells you We know that every one of us is flawed, Committee on both sides of the aisle, to do, what the President tells you to and people get an idea that they are and they take that responsibility very do, without regard to your constitu- bigger than they should be; they want seriously. tional duty to advise and consent, then more power. And we get this balance of With respect to Mr. Estrada, it has it is an easy issue; you stand up, sa- power in our Constitution which has been a hard task to fulfill the respon- lute, and you vote, and that is it. But worked extremely well for our country. sibilities entrusted to us in the Con- if you take seriously your constitu- Critical to that balance of power is stitution to advise and consent because tional duty, then it is not so easy. I the role that the Senate plays in advis- there is no information. It is as though have to go back to New York, and peo- ing and consenting with respect to the somebody walks into the hospital and ple will say: What kind of a judge do President’s nominees for the Federal says: I want the very best doctor you you think this will be on the court that court. It is right there in the Constitu- can give me for the condition that ails hears all these important issues? I have tion. This is not something that Demo- me, and I want to know where that per- to say I don’t have a clue because we crats or Republicans have made up for son stands on the procedures he is cannot get any information about him. the purpose of this debate. It is funda- going to use on me; I want to know We cannot discharge our constitutional mental to our Constitution. what he thinks about postoperative duty to advise and consent. As a result, those of us who are hon- treatment, I want to know what drugs I know my friends on the other side ored to serve in the Senate—and there he believes are best, and I want to of the aisle say: Well, there is no infor- haven’t been very many over the know where he ranks in terms of his mation; this man is a blank slate; he course of our history; fewer than 2,000 belief about whether or not I can be has never been a judge; we have no people have sat in this most important cured. Well, I am sorry we are not record; he has never been a law pro- deliberative Chamber in the history of going to give you that information. fessor; he hasn’t put a lot of his the world—are bound by the Constitu- Here is your doctor; you take him. thoughts down in writing; so you have tion. We take an oath to the Constitu- We are faced with a nominee who has to take what you see. Here is this gen- tion. We want to defend and protect thus far refused to answer legitimate tleman, and you just have to take it on the Constitution. questions about what kind of a judge face value that he will fulfill the rather Therefore, when we look at our du- he would be, where he stands on the awesome responsibilities for which he ties, among our most important duties great issues of our time and of the has been nominated. are advising and consenting when it past, what his positions are in thinking I just don’t think that is good comes to judicial nominees for lifetime about these fundamental rights we enough. I am just amazed that my positions on the courts established cherish as Americans, whom he re- friends on the other side of the aisle under our Constitution. spects or admires on the judiciary al- are willing to abdicate the Senate re- All of us take that responsibility se- ready, or with whom he would compare sponsibilities embedded in the Con- riously. But whether we are confronted and contrast himself. We cannot get stitution, because when you stonewall by a nominee to the DC Court of Ap- answers to any of those questions. I the Judiciary Committee, when you peals or certainly, if we are confronted don’t necessarily hold Mr. Estrada re- refuse to answer questions, when you by a nominee to the U.S. Supreme sponsible for that. I know a little bit act as if you just came out of nowhere Court, maybe it keeps us up a little about the confirmation process. Having and don’t have an opinion on anything, longer at night. It makes us feel even spent some time on the other end of everybody knows that is a charade. Ev- more strongly that we have to make Pennsylvania Avenue, I know he is erybody knows that. That is what you sure we are doing the right thing. We doing what he has been told to do. He were told to do in the White House; have to ask the hard questions. We has been told to sit there, don’t say therefore, you are sitting there, not have to get the information. Because anything, don’t answer the questions, giving an answer, because if you gave once we sign off on it, that person is dodge, duck, don’t leave any record, an answer, even some of the Repub- there for life. don’t let anybody pin you down, and, licans, people of the President’s own It would be like somebody hiring boy, we are just going to go right party, might be disturbed. someone to do an important job. You through the opening that is given to us I went back and looked at some of want to know that the person you are and make up this case that will get you the questions that were asked. I have hiring to be a doctor or nurse in your on the circuit court. not been in law school for a very long

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2130 CONGRESSIONAL RECORD — SENATE February 11, 2003 time, but I cannot imagine any law lieve the President nominated main- What bothers me deeply is what I see: student who, with a straight face, stream people willing to answer ques- a developing of a difference in stand- could say I don’t have an opinion on tions, willing to present opinions, is no ards. We are a country that has lasted any Supreme Court case—not one since longer applicable now that there is a so long because, among other reasons, the beginning of our Republic. I don’t different President. I think that is a we believe in the rule of law. It is not think that is a person who belongs on very dangerous precedent, and I do people but laws. That is why we invest the appellate bench. If you don’t have hope that Americans understand this: so much in our Constitution and set- an opinion, move out of the way and That the Constitution does not change ting up courts and ensuring people who let somebody who has opinions, who from administration to administration. serve on those courts for lifetime posi- understands the law, who understands The advise and consent role stays tions are of the right stuff—not that the Constitution, who knows what the there for the Senate to exercise. If the they are conservative or liberal but Supreme Court has decided—let that Senate willingly abdicates this role that they are people who will not be person take the position on the appel- and decides, I have a President of my swayed by political or partisan consid- late bench. own party in the White House now, so erations, but will do the best with their It is hard to imagine someone sitting I better not ask any questions because God-given ability the job with which before the Judiciary Committee and I may not like the answers, that is, I they are entrusted, which is to con- saying he has no opinion on major Su- believe, a direct repudiation of our con- tinue the rule of law and to serve jus- preme Court cases. I find that, frankly, stitutional obligations. tice. I know my good friend from Illinois unbelievable. Nobody believes that. My Therefore, it is troubling that when asked a number of questions of Mr. colleagues on the other side are willing we had one President of one party, the Estrada seeking some enlightenment, to go forward with this charade and same people in this body wanted to ask some information on the basis of which pretend that the man has no opinions everything they could ask. They want- the Senator from Illinois could exer- when everybody knows he has opinions. ed to know what meetings you went to cise his advise and consent role. The He could not be in the position he is in that had nothing to do with your law best I can determine, it is very hard to without opinions. practice. They wanted to know how see that the Senator got any answers. I pulled a quote from Chief Justice you stood on referenda as a citizen in Rehnquist which I think really bears I know in previous years, with many of the same people on the committee, States that use referenda to set laws. on this. Here is what Chief Justice They wanted to know all this, and the Rehnquist had to say: very specific, explicit questions were asked of nominees. I know that many people who were nominated complied. Since most justices [you could substitute They thought: I do not see the rel- ‘‘judges’’ as well] come to this bench no ear- of the nominees who were nominated lier than the middle years, it would be un- by President Clinton were asked very evance of it, but if this is what is re- usual if they had not by that time formu- detailed questions about their views of quested, we will comply with it. lated at least some tentative notion that Supreme Court and circuit court cases, Now when we are just focusing on the would influence them in their interpretation and to the best of their ability, those core issues about the suitability of of the sweeping clauses of the Constitution who received hearings which, of course, someone for a lifetime appointment to and their interaction with one another. It was not everyone who was nominated the second highest court in the land, would be not merely unusual but extraor- we cannot even get information that dinary if they had not at least given opinions by the President, but those of Presi- dent Clinton’s appointments who re- one would expect to get from a first as to constitutional issues in their previous year law student. legal careers. ceived hearings felt duty bound to an- Obviously, a political decision has Well, that is not me talking. That is swer those questions, and they did so. They were asked questions such as: been made by the administration that Chief Justice Rehnquist. I think you ‘‘don’t ask, don’t tell’’ applies to judi- could certainly conclude from that Please define judicial activism. Do you agree with the Supreme Court’s deci- cial nominees and, therefore, we are in that this nominee must be, therefore, a position where we cannot discharge extremely unusual—so unusual that I sion in a specific case, such as United States v. Morrison? If you were a Su- our constitutional responsibilities. don’t think he deserves to be confirmed It sort of surprises me, as well as dis- to the bench. Someone who has no preme Court Justice, under what cir- cumstances would you vote to overrule appoints me, that the administration is opinions clearly does not deserve the taking this position. I guess we have to kind of responsibility and honor that precedent in the Court? And on and on—very specific questions about the expect it because time and again this this appointment suggests. administration has proving itself to Mr. DURBIN. Will the Senator yield Constitution, about our Nation’s laws, about Supreme Court decisions. flout the rule of law, to be very con- for a question? cerned with secrecy, unwilling to share Mrs. CLINTON. Yes. The nominees from President Clinton Mr. DURBIN. Is the Senator familiar believed that was their obligation, and information with the elected represent- with the statement made by the chair- that is what they were instructed to atives of the American people, and, man of the Senate Judiciary Com- believe from the other end of Pennsyl- therefore, a pattern seems to be devel- oping. mittee, Senator HATCH, before the Fed- vania Avenue. I do not care whether you are a con- eralist Society when he said: Unfortunately, many of them were servative or liberal from New York, Many of President Clinton’s nominees tend not even given hearings and many who to have limited paper trails. Determining were given hearings were not given Texas, California, Alaska, Hawaii— which of the President’s nominees will be- votes, and even some who were given wherever—it is not good for our coun- come activist is complicated and will require votes were never brought to the floor. try to be adopting a policy that ele- the Senate to be more diligent and extensive That is then. What I am worried about vates secrecy over openness when it in its questions of a nominee’s jurispru- is now and how we are going to dis- comes to judicial nominations and dential views. charge our constitutional responsibil- many other matters. Mrs. CLINTON. Mr. President, I have ities. On many grounds, therefore, I stand heard about that, I respond to my If one looks at the long list of people here today quite troubled about what friend from Illinois. There is an old col- who have appeared before this com- is developing with respect specifically loquial saying: What is good for the mittee in the past, it has always been to Mr. Estrada, with respect to our goose is good for the gander. It seems the practice to seek information that Constitution, with respect to the re- to me, if that is the standard the cur- committee members thought would be fusal by this administration to provide rent chairman of the committee adopt- relevant to exercising their constitu- information legally requested by the ed in previous years, then for the sake tional duties, to make sure this person Senate to fulfill its obligations. of consistency that ought to be the at least had an opinion about the Su- I do not understand why we are in standard today. But, of course, that is preme Court decisions, to make sure this position. I really do not. I have not what this is all about, as my good this person was not just someone sit- gone back and read the quotes from the friend from Illinois knows. ting there to fill a chair, but could ac- distinguished chairman of the Judici- What was an appropriate standard in tually discharge the duties that were ary Committee, someone I consider a the previous administration, when I be- about to be considered for him. very thoughtful leader on legal issues,

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2131 and yet I do not follow the logic of hav- back. I think that is very sad. Cer- already voted for about 100 people I ing one standard for one administra- tainly they are entitled to their opin- probably do not agree with on a lot of tion’s nominees and another standard ion, but their opinion should be ex- things, but they played by the rules. for this administration, and the will- plicit. If that is the agenda, then let us They respected the Constitution. They ingness of the Senate to cede our con- have a democratic argument about it. answered the Senators’ questions, not stitutional responsibilities. That Let’s have a vote about it. Let’s know my questions. I am not on the com- strikes me as going right to the heart what we are voting on, so when deci- mittee, but I trusted my Republican of what the Senate is and should be. sions get reversed, rights get taken and Democratic colleagues who were Before I arrived in the Senate, I knew away, people know it was not just on the committee would ask good ques- it from a distance, as an admirer, a law foisted on them by secrecy and stealth. tions, as they always do, get answers, student, a lawyer, and a law professor It happened because of a debate, which and then they would make a judgment. in my previous life. I understood the is the heart of democracy, where people We have confirmed something like critical role the Senate played, but I stood on both sides of this Chamber 100 judges in the last 2 years. I trusted have to confess until I actually came, and said I do think we have gone too the Judiciary Committee, which is the sat in one of these chairs, looked far and others could say, no, we have first line of defense on advise and con- around this august Chamber, and lis- not gone far enough and where is the sent, to do the hard work. I would then tened to my mentor and leader, Sen- middle and how do we come to some assess that and make my decision. I ator BYRD, describe to us how we hap- resolution. cannot do that in this case. I wish I pen to be here—not by some accident Why it is so important we focus on could. I might still vote against the or bolt of lightning, but because of the Mr. Estrada is because he is a stealth nominee because I might not agree genius of our Founders building on the nominee, because he will not answer with what he said in his opinions, but ideas of those who came before, and questions, and because of what we are at least the process would be respected, that every generation of Americans has attempting to determine as to our con- the advice and consent clause of the been obligated to continue this ex- stitutional responsibilities. Constitution would be honored. traordinary experiment in constitu- I have reviewed the transcripts of Mr. That is not the case. If we look at the tional democracy. We did not get it 100 Estrada’s hearings in front of the com- individual areas of concern, I think we percent right at the beginning. We had mittee. In a moment, I will relay sev- begin to get an idea why Mr. Estrada a lot of work to do. And the courts eral of the more concerning areas does not want to answer questions and played a major role in saying, wait a where we lack information. I want to why the administration does not want minute, America, you say all these highlight what two of my colleagues on him to answer questions, because even nice words. You act like these are your the Judiciary Committee have said my colleagues on the other side of the values, all men are created equal. What about both the written information, aisle would have some really hard ques- about black men? What about Native which is very limited, and the oral re- tions if the nominee were permitted to Americans? What about women? Do sponse to questions from Mr. Estrada. answer questions. you not think we ought to kind of Senator KOHL from Wisconsin has said, Let’s start with the environment. make reality coincide with rhetoric and I quote, I personally have voted for The fact is the DC Circuit hears almost and really live up to this Constitution? 99 percent of the nominees that have all of the cases challenging environ- So for more than 200 years, that is come before this committee. In all of mental rules and regulations issued by what we have been doing. It has been a those cases, I felt that I knew what we the Environmental Protection Agency. partnership: The executive branch, the were getting when we voted. There was These are extremely significant deci- legislative branch, the judicial branch. some record of some writings that gave sions. The court decides issues of na- Decade after decade, we have taken me an idea about how the nominee tional importance. It decides issues of stock of ourselves, determining what would perform as a judge. We do not great local and regional importance. our real bedrock values are as a nation, have much of a public record or written We may disagree about the best way to and making it absolutely clear we record. protect the environment, but if we are would continue to try to perfect our Addressing Mr. Estrada, Senator going to go down a road where we pack Union, to live up to those extraor- KOHL went on, you have opinions, of the DC Circuit with judges who do not dinarily high ideals that no nation in course, on many issues, I am sure, but have the idea that protecting the envi- the history of the world had even put we do not hardly know what any of ronment is a Federal responsibility, we down on paper, let alone tried to fulfill. them might be, and some of us might should know that. We should know Part of what we are facing today is have a tough time supporting your what we are getting. We are not buying an agenda by some to really change the nomination when we know so little. blindly. We should know what we can direction of our country. Maybe it is a Upon the eve of her vote on Estrada’s expect. Maybe then the Congress, if it decision the people of the United nomination before the committee, Sen- so chose, could rewrite laws or be clear States would support if they ever got ator FEINSTEIN said: Over the last few about congressional intent, but in the to vote on it. Maybe it is a decision the days, I have been reviewing back- absence of knowledge we do not know people in this Chamber would support ground materials about Miguel anything. if we ever voted on it. But that is not Estrada, talking to those who have The court, in a 1999 decision, Amer- how it is occurring. It really is by se- concerns about him, and I have reread ican Trucking Association v. EPA, crecy and stealth. It is by nominees to the transcript of Mr. Estrada’s hearing. demonstrated not only its deep division our second highest court who will not I must say that throughout this proc- but its potential for circumventing the tell us what they believe on the most ess, I have been struck by the truly President and congressional intent. In important issues facing us as a nation. unique lack of information we have that case, the DC Circuit decided not It is a deliberate attempt to turn the about this nominee, and the lack of an- to review a ruling that struck down clock back. swers he has given to the many ques- Clean Air Act protections against soot I read the documents that have come tions raised by members of this com- and smog. In fact, in the dissent, one of from organizations that work hand in mittee. the judges said the court’s ruling ig- hand with the administration about Let me take a minute or two to high- nored the last half century of Supreme vetting and nominating nominees. I light some of the important issues that Court jurisprudence. When the case got know they refer to the Constitution in come before the DC Circuit and explain to the Supreme Court, in a decision exile. By that, I guess they mean the more fully why Mr. Estrada’s answers written by Justice Scalia, the DC Cir- Constitution that expanded the civil are just not satisfactory. I do not ex- cuit was reversed. This was not a Re- rights, human rights, and opportuni- pect to agree with the vast majority of publican or Democrat or liberal or con- ties of people in cases such as Brown v. the judges this administration sets servative decision. This was a decision Board of Education. That is really sad, forth. I have a different idea about the based on the precedence, the jurispru- that their view of America is so nar- Constitution, about the philosophy dence, the law. row. They want to close doors, take up that should govern the rule of law. I Many of the cases that the circuit ladders of opportunity, turn the clock am fully prepared to say that. I have court of appeals decides in DC do not

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If Mr. Estrada joins the court and all might consider cases of vital environ- Some of this may sound technical, of a sudden an opening were to occur mental interest. and I understand that, but it is easily and the administration said to them- With respect to labor decisions and understood that the stark reality is the selves, this was so good, we got some- the National Labor Relations Board, DC Circuit controls so many of the body through that nobody could even the DC Circuit hears many of those rules under which we live every single ask a question of or get a straight an- labor and worker-related cases. The day in our homes and workplaces. This swer from, let’s just nominate him for court has decided more than 1,000 labor is not some abstract speculative con- the Supreme Court and do the same cases over the years. The National cern about what might happen to thing, run the same drill, then I would Labor Relations Board administers the somebody else. What happens in this hope my colleagues on both sides of National Labor Relations Act, which is DC Circuit affects each of us. That is this aisle would say, no, no, I cannot the primary law that governs relation- why I am so concerned that in the ab- let that happen to my Constitution. I ships between employers and employ- sence of information, in the absence of may love my President but I love my ees. Of course, that is at the root of our the Judiciary Committee believing Constitution. Presidents come and go economy. We want people to be produc- they have been able to make an in- but the Constitution remains. tive and work, but we also want them formed decision and have not just done We, at our peril, undermine it, dis- not to be taken advantage of and mis- what they were told to do by the ad- respect it, disregard it, and this body, treated. There is a balance of power, to ministration, we may be setting up the at its peril, gives up its constitutional go back to my favorite concept, embed- people we represent for all kinds of prerogative rendering it a debating so- ded in the Constitution. The Congress changes in their lives that were never ciety, at best, and irrelevancy, at has worked it out over the last 50 years aired publicly, were never given due worst. Here we are, debating not just a where workers have some rights, em- consideration, but which will affect nomination but debating the Constitu- ployers have some rights, and there is every one of us. tion, debating the rule of law, debating a system for adjudicating disagree- That is why this nomination cannot whether this Senate and its Judiciary ments and grievances. Time and time be handled lightly, why it cannot be Committee will be able to fulfill its again, the Circuit Court of the District rammed through, why the Constitution constitutional responsibility. These are of Columbia has ruled on these deci- and the rule of law, the role of the Sen- high stakes. Talking about many of the sions and has consistently said that if ate to advise and consent, need to be nominees to the district court of ap- a decision from the National Labor Re- respected. peals, I just can’t help but use a little lations Board is supported by substan- When we think about where we are history. I think those who do not know tial evidence, the courts are supposed right now in the 21st century, we know history are condemned to repeat it. I to uphold it. we have lots of big challenges ahead. know there is always a lot of revi- Unfortunately, many people are con- We have national security challenges, sionist history that goes on to suit po- cerned and have spoken out against homeland security challenges, eco- litical, partisan, ideological—even Mr. Estrada’s nomination because they nomic challenges, challenges con- commercial ends. But these are the have no way of knowing what, if any, cerning health care, education, the en- facts. opinions he has on these critical issues. vironment, and energy. There is a lot The former President nominated It is a fair set of questions to ask and that lies in front of us. We need to highly qualified people for the DC Cir- to receive answers about. bring to our considerations the same cuit. Unfortunately, of those three When it comes to energy, certainly thoughtful, careful analysis that our nominees, two of them were given a one of the most important issues predecessors in this body brought to hearing, one was not; two were not throughout our country, the DC Circuit theirs. given a committee vote, one was. It has exclusive jurisdiction over cases I am very worried that we are mak- took from 15 to 18 months for no ac- coming from the Federal Energy Regu- ing decisions at home and abroad that tion, no vote, and one out of three was latory Commission. That is called will affect our country and our chil- confirmed. We didn’t even get the cour- FERK. These cases are often up in the dren for generations to come. Cer- tesy of a vote, even though tons of in- court of appeals, trying to figure out tainly, judicial decisions fall into that formation was turned over on the first what is a just and reasonable rate of category. The DC Circuit has served as two of these nominees. return for oil, gas, and electric compa- kind of a bullpen for the Supreme From my perspective, that is water nies. Therefore, the cases coming out Court. More judges have been ap- under the bridge. But I think it is tell- of the DC Circuit affect everybody who pointed to the Supreme Court from the ing because the Constitution did not has any power that is generated by oil, DC Circuit than from any court in the change. As far as I know, the same gas, and electricity around our coun- land. That is often where the President Constitution we had in 1990 is the Con- try. looks to find somebody qualified who stitution we have in 2003. The advice In many of these cases, not only indi- understands the full range of constitu- and consent clause didn’t change, as viduals but States have big stakes in tional and legal issues that will very far as I know. The advice and consent their outcome. When we think about well end up in the Supreme Court. In responsibility was the same through- ruling on these cases, it is only fair, fact, the DC Circuit has given us three out the 1990s as it is now in the 21st since it may affect my energy bill, that of the nine current Supreme Court Jus- century. Some nominees went to ex- I have some understanding from the tices—Justices Ginsburg, Scalia, and treme lengths to provide every scrap of Judiciary Committee whether this Thomas. paper, every opinion requested, in nominee has opinions, past track Therefore, I have to be doubly careful order to demonstrate their good faith records, clients, anything that might about my vote. I don’t know what will and their respect for the Senate, their affect his rulings. happen on the Supreme Court. I wish respect for the Constitution. Similarly, the DC Court has exclu- every one of the Justices good health In a previous time, I know my good sive jurisdiction over cases arising and a lot of energy for decades to come, friends on the other side of the aisle, under the Federal Communications but none of us knows where we will be were he to have sat there and said, I Commission. Again, that affects every tomorrow. We have no way of pre- have no opinion about anything, would one of us. Do you have a television? Do dicting our fate. It could turn out that have said: You are not getting my vote. you have cable? Do you enjoy the mass there might be an opening on the Su- You should not even get a hearing. You media, the broadcast media? Do you preme Court and it might very well be don’t deserve one. Because somebody

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2133 who comes before this committee and colloquy between this Senator and the wouldn’t answer when my colleagues says he has no opinion about anything senior Senator from Illinois. There was from Illinois and from New York and is clearly gaming the committee. Ev- a question that arose as to the number from Wisconsin and California and ev- erybody knows that. I do not think the of people in the Hispanic Caucus in the erywhere else could not get answers committee would have stood for it in House. I have since checked that and out of him. the 1990s. determined there are 20 in the Hispanic But fundamentally, even beyond the The Democrats this time voted Caucus in the House. The only Hispanic procedures—the failure to answer, the unanimously against Mr. Estrada on Members of the House of Representa- kind of stealth campaign that the ad- the basis of his failure to answer ques- tives, I am told, who are not members ministration is running, the don’t ask, tions and failure to appropriately and of that Hispanic Caucus, are three in don’t tell—the nomination process is respectfully provide written material number. So it is 20 who are members of the Constitution. I think there are cer- that was provided in previous instances the Hispanic Caucus and 3 who are not. tain duties, whether you are a con- with respect to Justice Rehnquist and Mrs. CLINTON. I appreciate the clar- stitutionalist, an originalist, a Fed- Justice Bork. That material was not ification from my good friend from Ne- eralist—whatever you are, whatever provided with respect to Mr. Estrada. vada. Certainly, having worked with the label you want to pin on yourself So I think we really obviously have a the Congressional Hispanic Caucus might be—there are certain duties that double standard. It is an ideologically over many years, I know they are a na- cannot be delegated. There are respon- driven double standard. tional organization, representing peo- sibilities embedded in the Constitution I think that is a mistake. I think it ple throughout our country. They did that were given to us by our Founders is always a mistake when we try to not reach this conclusion lightly. They in Philadelphia, and among the most push through something that in the interviewed Mr. Estrada. They asked important is the importance of the role long run undermines the balance of questions. They sought information. of the Senate to advise and consent. power, the constitutional framework, They talked to other people who knew Mr. HATCH. Mr. President, will the the role and responsibility of the Sen- him, had worked with him. They really Senator yield for a question? ate. tried to do due diligence. They tried to Mrs. CLINTON. Certainly. I have received countless letters, e- do the job that the Judiciary Com- Mr. HATCH. Is the Senator aware mails, and telephone calls about this mittee should do, trying to get at what that Miguel Estrada has argued 15 nomination. Many of the people have is it about this nominee that we can ei- cases before the Supreme Court? expressed their concerns about the ther oppose or support. At the end of Mrs. CLINTON. Yes, on behalf of cli- process in which we are engaged. A let- their inquiry and investigation, they ents—not on behalf of himself. ter from a Utica, NY, constituent, concluded that they could not support Mr. HATCH. He won 10 of them. Anna Maria Convertino, sums up the him. Right? objections my office has been receiv- I am sure that was a difficult deci- Mrs. CLINTON. I am aware of that. ing. She gave me permission to quote sion, from talking with my friends in Mr. HATCH. Has the Senator from from her letter. Here is what Anna the Hispanic Caucus. It was a very New York read any of those briefs that Maria from Utica, NY, has to say: tough decision because on the face of he filed in that court? I am writing to urge you to filibuster the it, this looked like a no-brainer: Line Mrs. CLINTON. I have reviewed a nomination of Miguel Estrada for the Dis- up behind Mr. Estrada, vote for him, number of them. I certainly am no ex- trict of Columbia Court of Appeals by voting put him on the DC Circuit, and every- pert on the cases, but I concede the no on cloture. Estrada has refused to answer body can go home and say: Look what point to the chairman that Mr. Estrada questions about his commitment to abortion I did; I voted for this nominee. has argued cases on behalf of clients rights or basic civil rights. The burden whose positions he was advocating and should be on the nominee for a lifetime ap- But that is an abdication of responsi- pointment to show that he deserves to serve bility. That is truly the kind of action has done so extremely well. as a Federal judge. Estrada’s lack of an es- that undermines faith in our demo- Mr. HATCH. And he has done it on tablished record and unwillingness to answer cratic process—to abdicate your intel- behalf of clients as an attorney should. questions means that he has failed to make ligent, careful analysis of someone just Mrs. CLINTON. Indeed. But he is not this showing. to be able to check a box. I thought it representing his clients before the Ju- I certainly appreciate Anna Maria was very courageous of the Hispanic diciary Committee. He stands there as contacting me and summing up so well Caucus to say: We have looked into Miguel Estrada for a potential lifetime the problems with this nomination. this, we have investigated it, and we appointment to the second highest Many people who have followed this cannot support him. court in the land. Therefore, he can no closely, many major Latino and His- Therefore, please—please—at least longer speak for clients. He must speak panic organizations across our country, try to find out what this man stands for himself. and in New York, share those doubts. for, what he would do, what he believes Mr. HATCH. He did. The Congressional Hispanic Caucus, in, because we have not been able to do Mrs. CLINTON. That is not the con- which has members from New York so. clusion reached by the Democratic City to LA, from Texas to Chicago, Part of why many of us are coming to Senators, nor by the Hispanic Caucus, interviewed Mr. Estrada. After that the floor is that this is a troubling nor by many who have followed this interview and reviewing his creden- nomination on many grounds. I know nomination closely—to ask a man of tials, they concluded that he failed to there are those, such as my friends in his record before the Supreme Court merit their endorsement. Today, the the Hispanic Caucus, who are troubled whether he had an opinion about any caucus again opposes his nomination by the nominee and what he stands for Supreme Court decision and for him to along with the Mexican-American or doesn’t stand for, what he would do say, no, he did not, is absolutely unbe- Legal Defense and Education Fund, the or not do, and the failure to get infor- lievable. Puerto Rican Legal Defense Fund led mation. Mr. HATCH. Is the Senator aware by the able work of my constituent, I know my colleagues on the Demo- that the Hispanic Caucus in the House Angelo Falcon; the National Associa- cratic side in the Judiciary Committee is made up of all Democrats because tion of Latino Elected and Appointed were extremely troubled—including they would not meet the Republicans Officials, the California La Raza law- people, as I have just quoted, who his- who were left out of the caucus? yers, the Southwest Voter Registration torically vote with a President on a Mrs. CLINTON. I am very well aware Project, the Illinois Puerto Rican Bar nominee—and were very pained about of the makeup of the Hispanic Caucus. Association, and on and on and on. having to say, I can’t do it this time. I have worked with members of the Mr. REID. Mr. President, will the I know, too, that many of us are con- Hispanic Caucus for many years. Senator from New York yield for a cerned because, if the Judiciary Com- I think it is also fair to look at the question? mittee cannot do the work, we can’t do geographical diversity and the experi- Mrs. CLINTON. I certainly will. the work. We can’t call Mr. Estrada ence base of these people who represent Mr. REID. The Senator was on the into our office and put him under oath Americans from New York to L.A. and floor this morning when there was a and ask him the questions that he from Texas to Chicago who went to the

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2134 CONGRESSIONAL RECORD — SENATE February 11, 2003 trouble to interview the nominee and the Hispanic Caucus and other mem- cussing whether or not the Hispanic concluded by their own efforts that he bers of the caucus, plus a number of Caucus in the House, all Democrats, was not going to be acceptable in part people on a conference call a few days were going to oppose Miguel Estrada, because they couldn’t get adequate in- ago—in the last week or 10 days. Is the there was almost an equal split of formation on which to base a good de- Senator aware that on that telephone those who thought it was inadvisable cision. call I was told that every member of to do that. Of course, after the major- Mr. HATCH. Is the Senator aware the Hispanic Caucus—all 20 of them, ity makes that decision, I suppose they that the Democratic Hispanic Caucus every one of them—opposed the nomi- went along with that. But that was my in the House was actually almost nation of Miguel Estrada to be a mem- understanding. If it is incorrect, I equally divided as to whether or not to ber of the District of Columbia Court of would be happy to be corrected. support Miguel Estrada, but the major- Appeals? I also want to make it clear that the ity made the—— Mrs. CLINTON. The Senator is abso- three Republican Hispanic Members of Mrs. CLINTON. I think what I judge lutely correct. In fact, I have a copy of the House—all three very outstanding is by what people say at the end of a the September 25, 2002, letter written individuals, who have stood up for His- conclusive discussion and what they by the Congressional Hispanic Caucus panics all of their careers, all three of determine based on their own consider- to the then-chairman of the Judiciary them speak fluent Spanish—they were ation. Much of my concern is based on Committee announcing the decision to basically not allowed to meet with the the Constitution and the role of this oppose the nomination. Democratic Hispanic task force or cau- body—not on what people did or didn’t Mr. HATCH. Will the Senator yield cus in the House, and they are totally do, although I think that is instruc- on another point? in favor of Miguel Estrada. tive, and I think it is very helpful. It Mrs. CLINTON. Yes. Having said those few things, I want does have sway with me because I don’t Mr. HATCH. Is the Senator aware to take a moment to talk about what believe we have developed an adequate that every Republican Hispanic mem- we are seeing on the nomination of record in the Judiciary Committee ber in the House is totally in support of Miguel Estrada. What we are seeing is that would give even those of us who Mr. Estrada? just another step in a campaign to stall might end up opposing his nomina- Mrs. CLINTON. I am well aware that action on President Bush’s judicial tion—I don’t know that for a fact—an there are three Republican Hispanic nominees. It has gotten to the point adequate basis on which to exercise our Members in the House who are not that the tactics that some of my constitutional responsibility. members of the Hispanic Caucus. I un- Democratic colleagues are using are so Mr. HATCH. Will the Senator yield derstand that. predictable that it is as if they are again for a question? Mr. HATCH. And that there are four working from a handbook. I suspect Mrs. CLINTON. Yes. I will. of them. that this handbook had its origins in Mr. HATCH. I will try not to inter- Mrs. CLINTON. I would be more than the Democrats’ April 2001 retreat, rupt the Senator anymore, but the happy to have them send a letter ex- where leading liberal law professors—of point I was making with the briefs in plaining the reasons as to why they course, most of the law schools in this the Supreme Court—15 of them and support him other than the fact they country are filled with leading liberal more—is that there is a record from have been told to do so by the Repub- law professors, or at least liberal law which you certainly can determine professors—they urged the Democrats lican leadership of the House and the legal reasoning, as well as an extensive in that conference to change the administration. stack of records of the Judiciary Com- What I have from the Congressional ground rules on judicial confirmations. mittee hearings. And let me say this. What resulted from this retreat is Hispanic Caucus is a very well reasoned Those hearings were conducted by none something that can be called—if you letter setting out the decision as to other than the Senator’s colleague will notice this chart—the Senate why all 20 members of the Hispanic from New York, Senator SCHUMER, and Democrats’ ‘‘weapons of mass obstruc- Caucus would not support this nomina- other Democrat Senators who said the tion’’ handbook. tion. I think it is instructive. hearings were fairly conducted. Is the Let’s take a look at some of the It is instructive to read the thinking Senator aware of all of that? weapons in this handbook. Let me turn Mrs. CLINTON. I say to my good of the Hispanic Caucus. Of course, to the first bullet on the chart. The friend from Utah, I am aware of all much of it rests on the fact that there first weapon suggested by these liberal that. But I have to respectfully point is such a limited record. It is very hard law professors was to bottle up nomi- out several responses. to determine what it is this gentleman nees in committee. A long time ago I used to practice would do. I think the Hispanic Caucus We have seen a lot of that in the last law. I represented a lot of clients of dif- raises some very telling points which 2 years, is all I can say, especially with ferent kinds, all sorts of folks. Their have not been adequately addressed in regard to circuit court nominees. They views and their positions were not nec- the process up until now. have allowed a significant number of essarily mine. I won some and I lost For reasons of our Constitution, of district court nominees to go through. some in the trial court, in the appel- our rule of law, of our nomination These are the trial courts, where it is late court, and in the administrative process, of our Senate and its preroga- very unlikely to get into the major hearing room, but I do not believe that tive, as well as the decision apparently questions of law that have to be de- any of my clients spoke for me. My ad- made by the administration to adopt a cided by appellate courts, although vocacy on behalf of clients was not the don’t ask, don’t tell policy when it they certainly are important. same as my positions about the law, comes to important lifetime appoint- Since the judiciary is a separate, co- about constitutional issues, and about ments on the Federal judiciary, I cer- equal branch of government to the many other matters. So the fact that tainly will have to oppose this nomina- President and to this Congress, this is someone has practiced law and that tion. important stuff. But their first weapon someone has argued cases is a factor to I yield the floor. in their handbook was to bottle up take into account. I certainly believe The PRESIDING OFFICER (Mr. nominees in committee. that is a significant factor. But that is ENZI). The Senator from Utah. When control of the Senate shifted to not determinative. That is not in any Mr. HATCH. Mr. President, I will the Democrats in June 2001, we saw an way decisive when it comes to giving speak more to the constitutional issues immediate halt of nomination activity someone the opportunity to have a life- later. in the Judiciary Committee, especially time position on the second highest I have to say that I totally disagree of circuit court of appeals nominees. court in the land. with the distinguished Senator from The President was not being treated as Mr. REID. Mr. President, will the New York, much as I respect her. I other Presidents have been. Even Senator from New York yield for a don’t think her analysis of the Con- though other committees held nomina- question? stitution is anywhere near accurate. tion hearings prior to reorganization, Mrs. CLINTON. Yes, I will. Second, I was told by people for and even though the Judiciary Com- Mr. REID. I want the Senator to whom I have great respect that when mittee held other hearings, no nomina- know that I met with the chairman of the vote came up, when they were dis- tion hearings were held for more than

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2135 a month, despite the fact of a looming Estrada is not that he did not answer resurrecting the spurious allegation vacancy crisis and plenty of nominees their questions but that his answers that Mr. Estrada was not forthcoming awaiting a hearing. In fact, as we stand did not give them any reason to oppose at his hearing. in the Chamber right now, we have a him. That is what the real problem is Mr. Cutler, as we all know, served crisis of around 25 or 26 emergency here. He testified that he would follow this country as counsel to President seats, most of them circuit court of ap- binding precedent—what more could Carter, and President Clinton, by the peals seats, in this country today. It is you ask of a circuit court of appeals way. He also served on two national a judicial crisis where people cannot nominee—that nothing in his personal commissions that addressed problems get their cases decided. views would interfere with his ability in the confirmation process. Then, once we did start considering to follow the law. What more could you He said: nominees, the committee considered ask of a circuit court of appeals nomi- Candidates should decline to reply when ef- only one circuit court nominee at a nee? forts are made to find out how they would time. When I was chairman during the For some of my Democratic col- decide a particular case. Clinton administration, I considered leagues, this is not enough. They want That is just a rule that both sides more than one circuit nominee at 11 to delve into Mr. Estrada’s ideology to have followed even before Mr. Cutler different hearings. But not once during understand his personal views on made that very erudite statement. the 107th Congress did the Democrats whether Supreme Court cases were cor- Mr. DURBIN. Will the Senator yield hold a hearing on more than one cir- rectly decided, and use those personal for a question? cuit nominee at a time. So bottling views as the yardstick by which they Mr. HATCH. Sure. them up in committee has been a defi- measure whether he is worthy of con- Mr. DURBIN. Can the Senator point nite practice that came out of that re- firmation. to any question asked of Miguel treat. Mr. DURBIN. Will the Senator yield Estrada by either a Democratic or Re- The point is, as I have been making for a question? publican Senator as to how he would it here, the first weapon in the Demo- Mr. HATCH. I am delighted to yield. rule in a particular case during the crats’ handbook—that of bottling up Mr. DURBIN. Does the Senator recall course of the confirmation hearing? nominees in committee—was some- a speech he made to the Federalist So- Did any Senator violate the standard thing that worked only as long as the ciety? I will quote from his statement Lloyd Cutler enunciated in asking Democrats controlled the committee. there: Miguel Estrada to tell us how he would Since this is no longer the case, and we [M]any of President Clinton’s nominees rule in a particular case? are now holding orderly hearings, fair tend to have limited paper trails. Deter- Mr. HATCH. One of the Democrats on hearings, with expedition, because the mining which of the President’s nominees the floor said, if I recall correctly, he Republicans were fortunate enough to will become activists is complicated and will asked the question, what is your belief be able to take over control of the Sen- require the Senate to be more diligent and about the first amendment. Gee whiz, I ate, the President is now being treated extensive in its questions of a nominee’s ju- could teach law school class for over 3 fairly, as I believe I treated President risprudential views. . . . months on that subject alone. An- Clinton in almost every instance—in Does the Senator recall making that other—it may have been the same Sen- fact, in every instance as far as I was speech to the Federalist Society? ator—said he wanted to know in his concerned. Mr. HATCH. I sure do. I agree with questions whether he was going to We put through 377 Clinton judges, that statement to this day. I agree overturn all of the clean air, clean the second highest total in the history where there are no paper trails, you water, and environmental rules, be- of the country for any President, and should ask questions. I am sure the cause this court is so important. only five less than the highest total of Senator will agree with me, the Demo- Mr. DURBIN. Does that relate to a Ronald Reagan. And Reagan had 6 crats controlled the committee, they particular case we are asking him to years of a Republican—his own party— controlled the hearing that day. It was tell us about or rather his views on the Senate to help him. President Clinton a lengthy hearing. They asked every Constitution? had 6 years with an opposition party— question they wanted to ask. They Mr. HATCH. The Senator is an excel- the Republicans—to help him. And we weren’t happy with some of the an- lent lawyer. I know he is. I have tre- did. You can point to some instances swers, but that was probably par for mendous respect for him. He sits on the where I wish we had done better, but as the course. It was, certainly, when I committee. I enjoy him. But when you far as totality, as far as getting it was chairman of the committee. ask questions like that, those are areas done, we did the job for President Clin- But injecting ideology into the con- where cases come before the Circuit ton, and we treated him fairly. And he, firmation process is misguided, at best, Court of Appeals in the District of Co- I think, knows it. and down right irresponsible at worst. lumbia. Let’s look at some of the other weap- It is not, as some Senators have sug- Mr. DURBIN. Is it the Senator’s posi- ons they have used that came out of gested, essential to executing our duty tion we should not ask a question of a that retreat. One of the most potent of advise and consent. But do not mere- nominee in any area of law that might weapons of mass obstruction has been ly take my word for it. My goodness, come up in any case a judge would rule to try to inject ideology into the con- Heaven forbid. on? firmation process—yes, try to inject During the course of this debate, I Mr. HATCH. No, I think the Senators ideology into the confirmation process. have already mentioned the statements on the committee can ask any ques- Miguel Estrada’s nomination is a prime that Lloyd Cutler made on this point. tions they want to, but I think it is in- example of how that has worked. Again, I mention Lloyd Cutler because cumbent upon the nominee to follow Some of my Democratic colleagues both sides of this body respect him. We Mr. Lloyd Cutler’s suggestion that claim they oppose Mr. Estrada’s nomi- both know he has been an excellent ‘‘candidates should decline to reply nation because he allegedly was not re- servant of the people. We both know he when efforts are made to find out how sponsive to their questions at his hear- is a great lawyer, not just in the Dis- they would decide a particular case.’’ ing. I think we just heard an hour’s trict of Columbia but throughout the I suspect anybody can discuss general worth of that. This is a laughable as- country. law, but that is not what the distin- sertion. Mr. Estrada’s hearing, which I have participated in forums with guished Senators were interested in. was held while the Democrats con- Lloyd Cutler, and I have nothing but Mr. DURBIN. I ask the Senator one trolled the committee, and chaired by respect for him. I have not always last question: Can he point to any the distinguished other Senator from agreed with him—I have to admit question asked by any Senator that New York, Mr. SCHUMER, lasted all day. that—but, by and large, we have agreed went beyond general law and asked Mr. Estrada was asked dozens and doz- on most issues. Miguel Estrada how he would rule on a ens of questions, all of which he an- I have already mentioned statements particular case? swered. Lloyd Cutler has made on this point, Mr. HATCH. I think I just gave two The real problem that some of my but I believe they are worth repeating illustrations that certainly were ques- Democratic colleagues have with Mr. because some of my colleagues keep tions of law that could come before the

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My colleagues should be Here a Supreme Court advocate who crats and top Democrats at that, and commending him for this, not prof- has to appear before the nine Justices his ABA rating, the highest the Amer- fering it as a reason to vote against his on the Court is asked to criticize Su- ican Bar Association can give, ‘‘unani- confirmation. preme Court cases that he will be mously well qualified,’’ all indicate Mr. Another weapon in the Democrat bound to follow as a circuit court Estrada fits this description and de- handbook is to, as we can see here, judge. serves our vote of confirmation—this seek all unpublished opinions. This all By the way, if I recall it correctly, description of none other than Lloyd came from that retreat: Bottle up the the distinguished Senator from Illinois Cutler. nominees as much as you can in com- just a short while ago was criticizing At the same hearing at which Mr. mittee. I think that even goes fur- Mr. Estrada because in the whole his- Cutler made his statements about the ther—bottle them up on the floor, too. tory of American jurisprudence, from appropriate scope of the inquiry for We will get to that. Inject ideology the beginning to the end, he couldn’t confirming judicial nominees, another into the confirmation process so you come up with cases like Dred Scott, legal luminary, one of the great law- can say this fellow just isn’t what we Plessy v. Ferguson, but the question, if yers in this town, a man I think almost want on the court. Seek all unpub- you read in the record was, in the last all of us look up to—certainly I do, and lished opinions. Let’s talk about that. 40 years, could you tell us three cases I think I am in a position to know For some nominees who have been you disagreed with. judges for a decade or more, this de- great lawyers when I see them—Boyden I believe he could have, maybe. I mand has resulted in the production of Gray, testified for Mr. Estrada. Mr. don’t know. But when you are under hundreds of opinions and required the Gray, of course, served as White House pressure and you are sitting there and expenditure of a significant amount of counsel in the first Bush administra- you are trying to answer questions, I Federal dollars, of resources, of money, tion. don’t think we should hold him to a of effort, and of time. All the time During his testimony, he told us that standard that he has to meet these judges spend producing unpublished two Democratic Senators who are questions head on and absolutely come opinions meant they were not spending former Judiciary Committee chairmen up with spur-of-the-moment comments. that time adjudicating cases before met with him very early in the admin- I mean, I can come up with some, I am them. sure, right off the bat, but that was the istration to let him know in no uncer- While demands for unpublished opin- last 40 years. There were three ref- tain terms that if the White House was ions were outstanding, the Democrats erences to it, twice referring to 40 caught asking any potential nominee in control of the committee had a per- years. The middle one between the two any questions about specific cases, that fect excuse for not acting on their I am sure he felt he was talking about nominee would be flatly rejected. nominations. But the fact is that these the last 40 years, not the whole history As Mr. Gray pointed out, that same nominees had ample records on which of jurisprudence. The first case that philosophy is reflected in the Judiciary to evaluate their qualifications for the has come to your mind perhaps would Committee questionnaire which all ju- Federal bench without seeking their be Dred Scott; certainly Plessy v. Fer- dicial nominees must complete before unpublished opinions and diverting guson. Could you name a whole raft of the committee will act on their nomi- them from doing their job to be judges others, perhaps. I don’t know. I don’t nations. It is an extensive question- to satisfy the whim of a few Demo- know how I would do if I was sitting naire. The questionnaire asks: cratic Senators. there under pressure as Miguel Estrada Has anyone involved in the process of se- I remember in the case of, I believe, was. lecting you as a judicial nominee discussed Dennis Shedd—who is now confirmed He is a young man. He has a lot of ex- with you any specific case, legal issue, or to the circuit court of appeals in his question in a manner that could reasonably district—they asked for all of his un- perience. He can talk about current Su- be interpreted as asking or seeking a com- preme Court law as well as anybody in mitment as to how you would rule in such a published opinions which were, as I re- our existence. The fact is, I thought it case, issue, or question? call, in Atlanta, GA, and what was the reason? It was only to see if they could was kind of unfair to try and hold him The clear goal of this question is to dig up something that would be against to that particular standard. I am not deter the White House from getting criticizing my friend from Illinois, but Dennis Shedd. Unpublished opinions? commitments from potential nominees My gosh, I don’t ever remember when to go back and read the record, you on how they would rule in specific will find that was what the questions we did that. But that was a tool that cases or commitments that they can was used throughout the process to were. overrule certain Supreme Court cases. Now, regarding judicial nominees, delay. It was an expensive tool to the It now appears certain Senate Demo- Mr. Cutler has stated in unequivocal taxpayers, with no real good fruit com- crats want to forbid the White House terms that candidates should decline to ing from it. from asking nominees how they would reply when efforts are made to find out I will refer to the fourth one here. rule on specific issues while reserving how they would decide a particular Another weapon is to demand that the case. that right for themselves. That seems a nominee produce internal memoranda I would have trouble with a nominee little inconsistent to me. Call it what that are not within the nominee’s con- if the nominee did try to reply in those you will, but this is a double standard trol. Isn’t that an interesting one? We cases. In his opinion, that is Mr. Cut- if I have ever seen one. Democrats demand that you produce ler’s opinion, ‘‘what is most important More fundamentally, it threatens the your internal memoranda that you is the appointment of judges who are very independence of the Federal judi- made, and did the research on, and that learned in the law’’—certainly, Estrada ciary that our constitutional system of you wrote while you served the Federal is as learned in the law as anybody we checks and balances was designed to Government—even though you don’t have had before the committee—‘‘who preserve. control that and even though it is are conscientious in their work Let’s face it—too many questions in tightly controlled—or should I say ethic’’—my gosh, you can’t find any the confirmation hearings of President those memoranda are tightly con- fault with Mr. Estrada there; he is a Bush’s judicial nominees seem cal- trolled. hard worker—‘‘and who possess what culated politically to manipulate the We saw the debut of this weapon to lawyers describe as judicial tempera- judicial selection process and to frus- obstruct the confirmation of Mr. ment.’’ trate the appointment of judges who Estrada, and I expect we will see it We have heard some criticize Mr. would refuse to follow a popular or po- again. I don’t believe a day of this de- Estrada because they think he might litically popular course when the Con- bate has gone by without one Demo- have a temper. I think everybody in stitution and settled judicial precedent cratic colleague complaining that this body might have a temper. That is provide otherwise. there is an ‘‘incomplete record’’ on him one heck of a poor allegation. Miguel Estrada was right not to fall without the record he offered as an As- Mr. Estrada’s academic achievement, into the trap of criticizing particular sistant Solicitor General of the United his professional accomplishments, his Supreme Court cases that he may be States.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2137 This complaint ignores many facts. dangerous thing. Thirdly, seek all un- block the confirmation of any Federal First, every living Solicitor General published opinions. That is the ulti- judge, a prospective member of our opposes the Democratic efforts to ob- mate delay tactic, at a tremendous third coequal branch of Government. tain these memoranda. Second, both cost to the taxpayers. I don’t remem- I have taken to the floor time and the Washington Post and the Wall ber in the past where that was done, again for Democratic and Republican Street Journal—many would say they except it may have been done in a case nominees alike to urge my fellow Sen- are on opposite sides of the fence—also where they were critical to the final ators to end debate by voting to invoke oppose these efforts. Third, this de- determination. But it is done today be- cloture which requires the vote of 60 mand for internal Department of Jus- cause they want fishing expeditions, or Senators. Most, if not all, of these oc- tice memoranda is unprecedented, as they wanted them to see if they could casions did not represent true filibus- the Department itself has explained in find some reason to oppose. Then, seek ters but were situations in which nomi- a lengthy letter. privileged internal memoranda. nees were, nevertheless, forced to over- Finally, this demand for internal Can you imagine what would happen come a procedural obstacle of a cloture memoranda ignores the abundant to the Solicitor General’s Office if se- vote. record of Mr. Estrada. This man has ar- cret memoranda that were used to de- I am not alone in my disdain for forc- gued 15 cases before the U.S. Supreme termine what the Solicitor General ing judicial nominees to a cloture vote. Court. He won 10 of them. In each one should do would be disclosed to the The distinguished minority leader him- of those cases, he authored a brief that public in every case? Can you imagine self once said, on this double standard anybody can get ahold of. In each one how that would chill getting respon- for the use of the weapons, Democrat of those cases, there is a transcript of sible, accurate, and honest opinions, so leader TOM DASCHLE, one of my friends the oral arguments that anyone can that the Solicitor General can rely and a person for whom I have a lot of get ahold of. Certainly, members of the upon them? Anybody who wanted to be respect: Senate Judiciary Committee can get a Federal judge would have to think, As Chief Justice Rehnquist has recognized: ahold of them. Surely, my Democratic how can I write this so it won’t come ‘‘The Senate is surely under no obligation to colleagues can evaluate Mr. Estrada’s back to haunt me in the future rather confirm any particular nominee, but after legal reasoning and fitness for the Fed- than, how can I write this to do it right the necessary time for inquiry it should vote eral appellate bench by examining and help my Solicitor General. And him up or vote him down.’’ An up-or-down vote, that is all we ask. these briefs and transcripts. then the ultimate weapon, if you can- Each weapon of obstruction that I not do anything else, is the filibuster. I think that was wise advice then, have mentioned was most potent when Now, to filibuster a nominee would and I think it is wise advice now. the Democrats controlled the Judiciary be an unprecedented, dangerous weap- The ranking member of the Judiciary Committee. Now things have changed. on to use. As best I can tell, a true fili- Committee, my friend Senator PATRICK Democrats no longer control the com- buster has never been used to defeat a LEAHY, said: mittee and, as a result, Miguel circuit court nominee. In fact, no fili- I, too, do not want to see the Senate go Estrada’s nomination is being debated buster has been used to defeat a circuit down a path where a minority of the Senate on the Senate floor. This means that court nominee. Its contemplated use is determining a judge’s fate on votes of 41. the Senate Democrats must turn to now against Miguel Estrada’s nomina- In other words, 41 Senators can stop their ultimate weapon of obstruction. I tion has been soundly criticized. I was any judge once that road is taken. And am going to peel off that last one. The told a short while ago that my col- once we go down that path, that will be ultimate weapon is the filibuster. leagues on the other side have decided a doggone mess and a doggone tragedy Well, filibuster is a potent but ex- to filibuster. I don’t believe the reason- to this country. treme weapon to rely upon for the de- able people on the Democratic side are Another one of my Democratic col- feat of a judicial nominee. It is potent going to resort to that type of a weap- leagues, himself a former chairman of because it requires a supermajority of on. But if they do, they will be fol- the Judiciary Committee and a friend 60 votes by 60 Senators to end it. It is lowing the advice of these law profes- of mine, Senator TED KENNEDY, had extreme because it unduly politicizes sors who have never been Senators and this to say: the Federal judiciary, the one branch who are from the far left of the polit- Nominees deserve a vote. If our Republican intended to be insulated from political ical and legal spectrum. colleagues don’t like them, vote against pressure. Let’s go through these again. The filibuster is an unprecedented them. But don’t just sit on them—that’s ob- At the retreat, these law professors, and very dangerous weapon, never be- struction of justice. who should have known better but are fore used to defeat a circuit court He was right then and that quote is more interested in ideology, in par- nominee. In fact, it has never been used right today. Of course, each of my tisanship, Democratic Party politics, to defeat a district court nominee ei- Democratic colleagues made these re- in control of the judiciary, made these ther. Let me go a little bit further marks when a Democratic President recommendations: Bottle up nominees here. was appointing judicial nominees. It in committee. We saw a lot of that Just last week, the Washington Post, appears that if they filibuster this when they were in control. Now they our local newspaper—but national in nominee on the thinnest of excuses—in cannot do that anymore, except that I scope—declared: fact, I do not think they have any rea- suspect that because the Judiciary [A] world in which filibusters serve as an sons to, other than their fear that he is Committee has a rule that once these active instrument of nomination politics is a Hispanic conservative Republican nominees are put on a markup, any not one either party should want. who may not rule the way they want member of the committee can put That was February 5—last week. The him to rule in the future and who may them over for a week, we will see that Post is absolutely right. Once we go some day be considered for the Su- right exercised in every case. At least, down that road, that works both ways. preme Court of the United States of we have so far. So bottle them up in I would not want it to, but it naturally America—it appears there must be a committee. Then inject ideology into will. double standard for the use of these the confirmation process because, by The Wall Street Journal concurred in weapons. doing that, you can say I disagree with the Washington Post’s sentiment. You Let me tell you the origin of the you and maybe you think you have a can see the quote: word ‘‘filibuster’’ because that is an right to vote against him. Filibusters against judges are almost un- important word here today. It comes Look, we don’t know how any nomi- heard of. . . . If Republicans let Democrats from the Spanish word ‘‘filibustero,’’ nee is going to vote once they become get away with this abuse of the system now, meaning a pirating or hijacking. It is a judge; it is a lifetime appointment. It it will happen again and again. just one more obstruction that has is important to ask questions and try Mr. President, copies of these edi- never been used in the case of Federal to do what we can to understand torials have been printed in the judges, for either the circuit court of whether the nominee is capable or RECORD. appeals or for the district court. should be confirmed. To inject ideology Filibusters of judicial nominees That is exactly what an unprece- into the confirmation process is a very allow a few Members of this body to dented filibuster of this nominee would

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2138 CONGRESSIONAL RECORD — SENATE February 11, 2003 be: A hijacking of the Senate. What it rible path of filibustering this nominee This President is very sincere and amounts to is two more simple English or any other nominee. It is not only has approached it probably less politi- words: More obstruction. dangerous, it would establish a prece- cally than Presidents, Republican and There was one true filibuster in the dent that literally would be offensive Democrat, whom I have seen in the history of the Senate—I have to ac- to the country, offensive to the Con- past. He deserves support. He deserves knowledge that—and that was a fili- stitution, offensive to the judicial sys- to be treated fairly. His nominees de- buster of a Supreme Court nominee, tem, offensive to the third branch of serve to be treated fairly. Above all, Abe Fortas, back in 1968, if I recall it Government, and offensive to any rea- Miguel Estrada should be treated fair- correctly. There was a bipartisan fili- sonable person who believes the Presi- ly. If the ‘‘filibustero’’ occurs, I guar- buster. There were plenty of Democrats dent’s nominees ought to get a fair antee he is not being treated fairly. and plenty of Republicans who voted hearing and they ought to get a vote up The PRESIDING OFFICER. The Sen- against cloture in that case. I think or down on the Senate floor. That is ator from Illinois. they were wrong, whoever voted that where we make that determination. Mr. DURBIN. Mr. President, this is way. Richard Nixon was for allowing If the Democrats have enough votes an important debate. I acknowledge the vote to go forward without a fili- to defeat Miguel Estrada, I am not my colleague, friend, and chairman of buster. But the Senate wisely has going to complain about it. I might feel the Senate Judiciary Committee, Sen- never utilized a true filibuster since badly about it, and I might say it was ator HATCH, who has argued very vigor- that day. To use it on this nominee be- the wrong thing to do, but they have a ously day after day in support of the cause some have said he is not Hispanic right to do that. If we have enough Miguel Estrada nomination. enough, to use it on this nominee be- votes on this side, with hopefully the For those who wonder why the Sen- cause some have said he does not have help of a number of our friends on the ate would be taking up time to discuss any judicial experience—although other side, then that is the way it one man’s nomination to one court, Miguel Estrada was a clerk to Amalya should be. Miguel Estrada should go on this debate goes to the heart of a very Kearse of the Second Circuit Court of that bench. basic issue. The issue is the constitu- Appeals and a clerk to Justice Anthony Unfortunately, I believe one of the tional responsibility of the Senate. Kennedy on the Supreme Court of the arguments that is flitting around in After most of us who serve in the Sen- United States of America, and has ar- the background in the penumbras and ate are long gone and forgotten, some gued 15 cases before that august body emanations of the Senate is he might will harken back to this debate and and numerous cases elsewhere. It some day be asked to be the first His- make reference to it to determine seems to me he has a lot of judicial ex- panic on the U.S. Supreme Court, and whether at this moment in history the perience, though he has not sat on the that is the real reason, among a few Senate stood up for its constitutional bench. others that are not valid as well, for authority and responsibility. If we take that opinion, then that the slowdown in a vote on Miguel That constitutional authority and re- virtually consigns almost every His- Estrada. sponsibility is found in article II, sec- panic in this country, probably most Mr. President, I do not think we tion 2, of the U.S. Constitution, which African Americans—in fact, probably should have a filibuster, or a pirating says that the Senate shall have the everybody of a minority status—to or hijacking of the judicial process. I power to advise and consent to the never being a Federal judge because think it would be a terrific mistake for nominees of the President to the courts most Hispanics have never sat on a Democrats to do. Every Republican is of our land. That is an important re- bench. There are those who have, ad- going to vote for Miguel Estrada, and I sponsibility from the very beginning of mittedly. Most African Americans have believe a number of Democrats will as this Republic. never sat on a bench, although there well—I hope a great number of them There are those in the President’s have been some on lower court benches will—and they ought to have that party who might like to change the in the State courts particularly, and right, right here on the floor. Constitution when it comes to Presi- even in the Federal courts. But it basi- If my colleagues who disagree do not dent Bush’s nominees, to take out the cally says you cannot make it if you like it, they can speak out. They can word ‘‘advise’’ and basically say ‘‘con- have to have served as a judge before, give their reasons, and they can vote sent’’—just move on with it. If they no matter how brilliant you are. There no. That will be what they should do if could, we would move from a Senate to are brilliant African Americans. There they feel sincerely about this. Politics a rubber stamp. That is the choice: The are brilliant Hispanics. There are bril- ought to be left out of it. The fact that Constitution or a rubber stamp. liant Native Americans. There are bril- they suspect Miguel Estrada may not I hope the Senate never reaches the liant Asian Americans. And we have be exactly the way they would want a point where we do not stop to ask im- brilliant people who have never served judge to act on their issues—I do not portant questions of nominees who are as a judge who might have this oppor- know whether he will or will not, to be seeking a lifetime appointment to the tunity some day that Miguel Estrada honest, but if the mere suspicion is Federal bench—no review by voters, no hopefully will have. enough to vote against him without review by Congress. The judge is there Others have used other phony argu- any real basis otherwise, then I think for life, and, subject to malfeasance or ments against Miguel Estrada, such as we are treading on some very dan- the commission of a crime, they will he did not answer all the questions. gerous ground. stay in that position until they die or That is par for the course. I do not I believe in Miguel Estrada. I believe quit. That is what is at stake. know many contested judicial nomina- this President is doing everything in Miguel Estrada was nominated by tion proceedings where all the ques- his power to reach out to people of President Bush to serve on the DC Cir- tions have been answered the way the color in this country. I believe we cuit Court of Appeals, a lifetime ap- questioners expected them to be an- ought to help him. He certainly has in- pointment to the second highest court swered. dicated his desire to do so, and he cer- of the land. This is an important nomi- Then they say: We cannot get hold of tainly has been doing it. This is a nee, important because we know that all these documents because he did President who has put a number of when it comes to the DC Circuit Court them confidentially while he worked at Democrats on the Federal bench. I of Appeals, it is the AAA team for the the Solicitor General’s Office, even think he wants to make sure we fill Supreme Court. The White House has though four of those seven living So- these seats and we get them done as made it clear that Miguel Estrada may licitors General who are opposed to best we can. Naturally, any President be in line to move up to the major that type of release of documents are worth his or her salt is going to try to leagues. So Miguel Estrada is not just leading Democrats in this country. appoint people who, hopefully, agree another judicial nominee. They will not even listen to their own with him or her. I think that is the na- If we look at him—and I have had a leading Democrats, let alone leading ture of the process, and that is what we chance to sit down and talk to him— Republicans. get when we elect a President; we get what a compelling life story he tells. I am just imploring my colleagues on that President’s nominations to the Senator HATCH has recounted it, as the other side: Do not go down the ter- various Federal courts. others have. His legal credentials are

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2139 impressive, but his views are so suspect dent Bush as one of his favorite Jus- hearing, said he would view that as es- that he has consistently refused to say tices. He likes his conservative bent. tablished law and, unless it were over- publicly what he believes. He may like him personally. Whatever turned by the Supreme Court, would I believe the decision of the Bush ad- reason, then-candidate Bush said enforce it. Miguel Estrada would not ministration to affirmatively act to Antonin Scalia was his kind of Su- even go that far. put a Hispanic nominee on the Federal preme Court Justice. Do my colleagues I asked him as well to give the name bench is the right thing. A few weeks know what Justice Antonin Scalia said of a judge, living or dead, whom you ago, President Bush said he was not in about questions of judicial candidates would emulate on the bench—a wide favor of affirmative action. With the regarding their political views? In the open, softball question. He could have nomination of Miguel Estrada, the case of Republican Party of Minnesota picked the most conservative judge in White House is affirmatively acting to v. White, in an opinion written by Jus- history and the most liberal judge and put a Hispanic on the bench. I support tice Scalia which overruled restric- said both of them brought the fol- it. I salute it. It is the right thing to tions against candidates for elective lowing qualities to the court and I hope do. I have been honored to appoint a judicial office from indicating how to follow those qualities. He had been Hispanic to the district court in Chi- they would rule on legal issues while so carefully prepared, so cautioned by cago. I think it is important that that campaigning, Justice Scalia said: the Department of Justice, he wouldn’t court reflect the diversity of my city, Even if it were possible to select judges even go that far to suggest there was a my State, and our Nation. The same who do not have preconceived views on legal Supreme Court Justice or a living thing is true on this court. issues, it would hardly be desirable to do so. judge, or one who has passed away, he We have the question being raised by Proof that a Justice’s mind at the time he would seek to emulate. the Senator from Utah as to whether or joined the Court was complete tabula rasa in So what does that mean? Here is a not Miguel Estrada, during the course the area of constitutional adjudication man who will not tell us the most basic of his nomination hearing, should be would be evidence of lack of qualification, not lack of bias. And since avoiding judicial information about his views on the asked questions about his views on the preconceptions on legal issues is neither pos- Constitution, on judicial philosophy, Constitution. Excuse me, but if this sible nor desirable, pretending otherwise by general questions you would ask of any Senate decides that we cannot ask a attempting to preserve the appearance of nominee. And the Republican majority nominee to the Federal court a ques- that type of impartiality can hardly be a comes and tells us approve him any- tion as basic as his views on our Con- compelling state interest, either. way. Give him that lifetime appoint- stitution, then we have been trans- Did you note the words of Justice ment. formed into a rubber stamp: Take it or Antonin Scalia, the favorite of Presi- Roll the dice. Gamble he is going to leave it. The President sent the nomi- dent Bush and many of my Republican be the right person. The Republican nee. Vote for him or else. colleagues on the floor? majority says to the Senate: Be a A lot has been said of the quote from Proof that a Justice’s mind at the time he rubberstamp. Don’t ask these ques- Lloyd Cutler, a man who is well re- joined the Court was a complete tabula rasa tions. Now you are getting into ‘‘ad- spected, about whether or not a nomi- in the area of constitutional adjudication vice.’’ That is what the Constitution nee should be asked how he would rule would be evidence of lack of qualification, says, ‘‘advice and consent.’’ in a particular case. Lloyd Cutler is not lack of bias. Let me point out some things that right. If one of the nominees came be- Going back to Latin courses I took ought to be part of the record. I am fore us and we would ask that nominee, too many years ago to recount in this proud to have named a Puerto Rican there is a case pending in the DC Cir- speech, tabula rasa is a blank slate. judge to the district court in Chicago. cuit Court of Appeals, tell us how you What the Justice has said in this opin- During President Clinton’s tenure, 10 would rule on that case if you sat on ion is, when nominees come before you of his more than 30 Hispanic nominees the bench, that is just plain wrong. We saying they never thought about a cer- were delayed or blocked from receiving cannot do that. But it is not unfair to tain issue, never reflected on a con- hearings or votes by the Republican ask of a nominee his or her views on stitutional position, don’t have an Senate Judiciary Committee, chaired constitutional issues. opinion to share with you, that’s not by the Senator from Utah; 10 out of 30 It is interesting to me that Senator evidence of lack of bias, that’s evidence Hispanic nominees. HATCH would raise this point because of lack of qualification. And that is Mr. REID. Will the Senator yield for only a week ago, three circuit court what this debate is all about. a question? nominees, nominated by President There is no doubt in my mind Miguel Mr. DURBIN. I am happy to yield. Bush, came before the Judiciary Com- Estrada has his own point of view, un- Mr. REID. The Senator recalls, I am mittee and we spent the better part of derstands constitutional issues, and confident, that one of the nominees, a day or more asking them probing would express it. But he has been care- one of the 20 who made it through, a questions about their views on con- fully coached and managed by the De- man named Paez from California, wait- stitutional issues. To their credit, they partment of Justice and the White ed 4 years before he was able to get were forthcoming, honest, and candid House to come before the Senate Judi- confirmed by the Senate? in all of their answers. I did not agree ciary Committee and, frankly, deny Mr. DURBIN. Four years. And there with some of their points of view, but any opinion on any constitutional was never any question raised about that is not what this is all about. They issue. his qualifications or answers to ques- do not have to say what I need to hear. My colleague, Senator SCHUMER, tions. I have voted over 100 times now for asked him to just point out a Supreme Mr. REID. In fact, the Senator will President Bush’s nominees, many of Court case he disagreed with. recall he was a judge and had been for whom I disagree with on constitutional No, he said, if I didn’t hear the argu- many years and had voluminous judi- issues and policy issues, but that is not ments and I didn’t read the briefs, I am cial opinions people could look at. what it is about. If they strike me as not going to do it. Mr. DURBIN. Absolutely. I might say people who are moderate, honest, We asked him not only in the hear- to the Senator from Nevada, the Sen- skilled, with good temperament, I am ings but in written questions I sent to ator from Utah, in a speech to the Utah going to vote to put them on the him afterwards, what is your view on Federalist Society, said when you have bench, even if I do not agree with their Roe v. Wade, the landmark decision re- a nominee like Miguel Estrada with no political view. I think that is what the lated to abortion in America. published opinions, then you have to process should be. Again he said, Well, since I didn’t really ask questions. Get to the bottom When it comes to Miguel Estrada, hear the arguments and I wasn’t there, of his jurisprudential views, in the when we asked him the most generic I am just not going to say what I un- words of the Senator from Utah. In the questions to open up and tell us his derstand when it comes to Roe v. Wade. case of Judge Paez, there was not only thinking about constitutional legal What a sharp contrast to John ample record about how he ruled, he issues, he fended us off; he refused. Ashcroft, the new Attorney General answered the questions. Miguel Justice Antonin Scalia on the U.S. under President Bush who, when asked Estrada has ducked the questions time Supreme Court was picked by Presi- the same question in his confirmation and time again and believes if he can

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An important constitu- lowing: Linda Chavez Thompson, AFL–CIO, ican Way; National Council of Jewish tional principle is at stake here, a prin- Washington, DC; Milton Rosado, President, Women; National Family Planning and Re- ciple of whether or not the Senate will LCLAA, Trenton, NJ; Eliseo Medina, Execu- productive Health Association; and Feminist have the right and the authority to ask tive V.P., SEIU, Los Angeles, CA; Miguel Majority. the questions, to make a reasoned Contreras, Exec. Sec. Treas., LA County Sierra Club, Letter of Opposition, January judgment before we give our advice and AFL–CIO, Los Angeles, CA; Dennis Rivera, 31, 2003. consent to a President’s judicial nomi- President, SEIU, 1199NY, New York, NY; Friends of the Earth, Letter of Opposition, nees. Christina Vazquez, International VP, February 3, 2003. Mr. REID. Will the Senator yield for UNITE, Los Angeles, CA; Arturo S. Rodrijez, National Association for the Advancement one more question? President, United Farm Workers, Keene, CA; of Colored People (NAACP), Letter of Oppo- Mr. DURBIN. I am happy to yield. Maria Elena Durazo, President, Local 11, sition, October 24, 2002. HERE, Los Angeles, CA; Mike Garcia, Presi- People for the American Way, Letter of Mr. REID. I am not sure the Senator dent, SEIU Local 1877, Los Angeles, CA; Opposition, January 29, 2003, Letter of con- is aware from Congressional News, this Oscar Sanchez, Exec. Dir. LCLAA, Wash- cern, September 25, 2002. publication that quotes what we say in ington, DC; Debra Renteria-Styers, UAW, National Women’s Law Center, Letter of the press every day—the distinguished Macomb, MI; Maria Armesto, AFT, Wash- Opposition, January 29, 2003. chairman of the Judiciary Committee ington, DC; Dionisio Gonzalez, USWA, Los National Partnership for Women and Fam- appeared on MSNBC Hardball last Angeles, CA; Tony Padilla, TCU, Rockville, ilies, Statement of Opposition, January 30, evening. Among other things, are you MD; Celestino Torres, USWA, Hayden, AZ; 2003. aware he said, talking about the Demo- Guillermo Zeleya, IUPAT, Washington, DC; American Association of University crats in the Senate: Al Ybarra, Exec. Sec-Treasurer, AFL–CIO, Women, Letter of Opposition, January 23, Orange County, CA; Ray Arguello, UAW, De- 2003. What they are really worried about is troit, MI; Patricia Campos, Pres., DC Metro Planned Parenthood Federation of Amer- Estrada is so qualified and so good and he’s LCLAA, Washington, DC; Rocio Saenz, Presi- ica, Inc., Statement of Opposition, January, Hispanic, that he’s on the fast track to the dent, SEIU Local 615, Boston, MA; Rose Ran- 2003. Supreme Court. They think they don’t want NARAL Pro-Choice America, Letter of Op- a Hispanic Republican, let alone a conserv- gel, SEIU, South Pasadena, CA; Salvador ative, on the Supreme Court of the United Aguilar, USWA, Griffith, IN; Jose A. Caez, position, January 29, 2003. States of America, and that’s what this is all IBEW, Farmington, CT; Elsa Lopez, AFT, National Organization for Women, Letter about. Miami, FL; Lorenzo Rivera, UAW, Oxford, of Opposition, January 29, 2003. MI; Heriberto (Ed) Vargas, UNITE, New National Family Planning and Reproduc- What is the Senator’s comment in York, NY; Henry Gonzalez, UAW, South tive Health Association, Letter of Concern, that regard? Gate, CA; Gerardo Becerra, ILA, Miami, FL; January 31, 2003. Mr. DURBIN. I can tell the Senator, Jorge Rodriguez, SEIU, Los Angeles, CA; National Council of Jewish Women, Letter as I said earlier, I was happy to appoint E.J. Himenez, USWA, Corpus Christi, TX; of Opposition, February 3, 2003. a Hispanic to the Federal District Hector Figueroa, Secretary Treasurer, SEIU Others Opposed to Confirmation, State- Court in Chicago. I hope sooner rather Local 32BJ, New York, NY; Roberto Jordan, ment, January 31, 2003: ADA Watch/National than later there will be a Hispanic on UNITE 62–32, New York, NY; Gary R. Allen, Coalition for Disability Rights; Americans the United States Supreme Court. If IAM, Albuquerque, NM; Joe Calvo, UAW, for Democratic Action; Earthjustice; Femi- you look at this nominee, Miguel Lombard, IL; Susie Luna Saldana, AFT, Cor- nist Majority; Moveon.org.; NAACP Legal pus Christi, TX; Johnny Rodriquez, UFCW, Defense and Educational Fund, Inc.; Na- Estrada, it is really instructive to me Dallas, TX; Baldemar Velasquez, FLOC, To- tional Fair Housing Alliance; and Working that the Hispanic Caucus of Congress ledo, OH; Henry (Hank) Lacayo, UAW, Assets. has come out in opposition to his nomi- Newbury Park, CA; Lawrence Martinez, Consumer Federation of America, Letter of nation. Some have dismissed that and GCIU, Washington, DC; Jimmy Matta, Kent Concern, September 25, 2002. said there are three Republican His- Co. WA LCLAA, Seattle, WA; A Polinar LAW PROFESSORS Quiroz, USWA, Chicago, IL; Walter Hinojosa, panics in the House who favor his nom- Society of American Law Teachers, Letter Texas AFL–CIO, Austin, TX; Maria ination. I am going to make that part of Concern, October 9, 2002. Portalatin, AFT, New York, NY; Manuel of the RECORD. I ask unanimous con- Rodriquez, Marc, Princeton University, Armenta, USWA, AZ; Santos Crespo, Jr., sent if I might have a list of letters in Princeton, NJ. AFSCME, Brooklyn, NY; Angela Mejia, opposition and concern to the nomina- CWA, Channelview, TX; Jose Rodriquez, CITIZENS tion of Miguel Estrada be printed in IAM, Ontario, CA; Armando Vergara, UBC, University of Virginia Law Democrats; the RECORD. South Pasadena, CA; Jack Otero, CTC, TCU, Urging no vote until production of docu- There being no objection, the mate- Washington, DC, Rudy Mendoza, CWA, Santa ments, February 3, 2003. rial was ordered to be printed in the Barbara, CA; Tania Rosario, Kent Co. WA Mark and Debra Loevy-Reys, Shrewsbury, RECORD, as follows: LCLAA, Seattle, WA; and Chuck Rocha, VT. LETTERS OF OPPOSITION TO AND CONCERN USWA, Pittsburgh, PA. Harry Callahan, Ft. Lauderdale, FL. ABOUT THE NOMINATION OF MIGUEL National Council of La Raza (NCLR), Let- Eugene Hernandez, San Fernando, CA. ESTRADA TO THE D.C. CIRCUIT COURT OF AP- ter of Concern, September 24, 2002. Paul Moreno, Mission Viejo, CA. PEALS National Association of Latino Elected and Hall, George, Manhattan Beach, CA. Appointed Officials (NALEO), Letter of Con- Lizbeth Stevens, Los Angeles, CA. CONGRESSIONAL GROUPS cern, September 25, 2002. Christopher Chase, Lansing, MI. Congressional Hispanic Caucus, Congres- Puerto Rican Bar Association of Illinois, Mr. DURBIN. The list of organiza- sional Black Caucus. Letter of Opposition. HISPANIC GROUPS tions that oppose Miguel Estrada is ex- LABOR Mexican American Legal Defense and Edu- tremely long. It goes on for pages. Con- AFL–CIO, Letter of Opposition, January 29, gressional Hispanic Caucus and Black cational Fund and Southwest Voter, Reg- 2003; Letter of Concern, September 26, 2002. istration and Education Project, Letter of UAW, International Union, United Auto- Caucus—but listen to these. The Mexi- Opposition, January 29, 2002. mobile, Aerospace & Agricultural Implement can-American Legal Defense and Edu- Mexican American Legal Defense and Edu- Workers of America, Letter of Opposition, cation Fund—this is the premier His- cational Fund, National Association of February 3, 2003. Latino Elected & Appointed Officials, Na- panic civil rights organization in tional Council of La Raza, National Puerto CIVIL RIGHTS ORGANIZATIONS America—opposes the nomination of Rican Coalition, Puerto Rican Legal Defense Leadership Conference on Civil Rights, Miguel Estrada. Frankly, I hope we do & Education Fund, Washington, DC, Letter Letter of Opposition, January 29, 2003. have a nominee of Hispanic origin who of Concern, May 1, 2002. Alliance for Justice; Letter of Opposition, is on the Supreme Court as quickly as California La Raza Lawyers & Mexican January 24, 2003. possible, as soon as there is a vacancy Leadership Conference on Civil Rights, Al- American Legal Defense and Educational and a qualified candidate. But I hope Fund, Letter of Concern, September 24, 2002. liance for Justice, Letter of Concern, Sep- Southwest Voter Registration Education tember 26, 2002: Members will take pause to realize Project, Letter of Concern, September 24, Signed by: Leadership Conference on Civil that just having a Hispanic surname is 2002. Rights; National Association for the Ad- not enough. We need to bring a person

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2141 to the highest court of the land who year, that they—the Democrats—don’t Rehnquist when he was nominated to really understands that responsibility want Miguel Estrada because he is His- be Chief Justice of the Supreme Court. and is not so cagey and careful when it panic. The reality is that 8 of 10 His- So asking for this documentation is comes to explaining his point of view. panic appellate court judges were ap- certainly not unprecedented. In fact, That has been the case with Miguel pointed by President Clinton. Three there is ample precedent. When we look Estrada. other nominees of President Clinton to at the Estrada nomination, we see a He is, in fact, a stealth candidate. the courts would apply, as well as oth- clear effort to stonewall. Mr. Estrada It’s an effort by the Bush White House ers for the district courts. has refused to say whether he would to put in a secret judiciary, judicial Mr. Estrada, in his background, has strictly interpret the U.S. Constitu- nominees who do not share their point never in his legal career provided any tion. of view with the public so you, frankly, pro bono legal expertise to the Latino Listen carefully to what I say here. have to gamble, when they come to the community. He has never joined, sup- There is not a single Clinton nominee bench, that they will be moderate and ported, volunteered for, or participated who would have made it past this ques- reasonable in their judicial views. That in events of any organization dedicated tion before the Republican Senate Ju- is not the case with Miguel Estrada. to serving and advancing the Latino diciary Committee. They were each Let me make note, too, of the Fed- community. He has never made any ef- asked point blank that question. If eralist Society, to which Mr. Estrada fort to open the doors of opportunity to they did not answer in a fashion ac- belongs. He appears to be following the Latino law students or junior lawyers. ceptable to the Judiciary Committee, advice of DC Circuit Judge Lawrence Let me refer to another comment it was over, their nomination was fin- Silberman, who recently told the Fed- made by some of the Republicans in ished. eralist Society that he provided key the Chamber. Senator RICK SANTORUM advice to Antonin Scalia in 1986 that said this on Fox News on April 10 of Miguel Estrada comes before us and led to his smooth confirmation. Law- last year: refuses to even answer the question. I think I know what his answer would rence Silberman told the great Fed- They don’t want any examples out there eralist Society that he said to Antonin for America to see of somebody who is con- be. But why is he so afraid to share his Scalia: Don’t answer any questions servative and also minority. . . . [I]f you are judicial philosophy with us? Is it so about judicial philosophy or views. a conservative, we don’t like it. But if you radical, so unusual, is it so out of the It goes back to the Clarence Thomas are a minority and a conservative, we hate ordinary that he is afraid people across model. When Clarence Thomas, like you. America will be worried about putting Miguel Estrada, told the Senate Judici- Under Senator LEAHY, then chairman him on the second highest court in the ary Committee at the time that he had of the Judiciary Committee, the com- land for a lifetime appointment? That no opinion on the issue of abortion— mittee approved the following Bush is the only conclusion I can draw from that is a red flag. There have been judi- nominees: Phillip Martinez, Jose Mar- that. cial nominees from the Bush White tinez, Alia Ludlum, Randy Crane, and When it came to Mr. Estrada, he re- House who disagree with my position Judge Jose Linares. fused to discuss the judicial or legal on this important issue, but they have Time and again, when Republicans philosophy of any current Supreme been honest enough to say that, re- controlled the Senate, the Judiciary Court Justice. gardless of my personal and private Committee has approved these judges When I asked nominees for district points of view, when it comes to my re- who are conservatives and minorities. court judgeships in my State to give sponsibility as a judge, I will follow The point made by our colleague, me an insight into their thinking Roe v. Wade until it is overruled by the Senator SANTORUM, just does not wash. about Supreme Court Justices—which Supreme Court. As John Ashcroft, an- Let me note some of the other state- you think is good or somebody you dis- other person who opposes Roe v. Wade, ments that have been made. agree with—I got really interesting an- has said, it is the established law of the They argue that requesting Mr. swers from Democrat and Republican land until overturned. Why couldn’t Estrada to produce his writings is un- nominees. Sometimes I am surprised Miguel Estrada, who has been a Su- precedented. by the things they pick out. It gives preme Court clerk, go that far—to ac- Here is a man who has not been a you an insight into what they are look- knowledge that point of law, that stare judge but is in the Solicitor General’s ing for and perhaps the role model on decisis and precedent would guide him Office who had a bounty of legal whom they might model their own ju- on an issue as important as Roe v. writings, and we are asking that he dicial career. Wade? present them so we can have an insight into his thinking—not unlike a judicial When it comes to Estrada, a man on His refusal to do that has caused the fast track to the Supreme Court, alarm on this side of the aisle, among nominee who has served as a judge and we read his opinions to try to under- he wouldn’t discuss the judicial or the majority of the Members. legal philosophy of any current Su- Let me speak to you about some of stand where this judge is coming from. preme Court Justice. When we asked the other issues that have been raised It is not unusual, frankly, in the Judi- him to name any Supreme Court deci- by some of my Republican colleagues ciary Committee to point out that a sion in history with which he dis- during the course of this debate. We judge has been overruled a certain agreed—as I reflect on this question, have heard from a Republican Senator number of times to know whether or this is not about a particular case. This in the Dallas Morning News that if we not they have clear thinking and is about a case that was decided 20 or deny Mr. Estrada the position on the whether or not they understand the 30 or 40 years ago. In this case, we have DC Circuit, it would be to shut the law. But when it comes to Miguel a situation where Miguel Estrada re- door on the American dream of His- Estrada, the Bush White House under fused to answer the question. panics everywhere. Republicans refused to give us the doc- The reality is that until last week, umentation so we can see into the So what we have before us, unfortu- Mr. Estrada was the only Latino nomi- mind of Miguel Estrada who has care- nately, is a situation where we have a nated by President Bush to any of the fully avoided answering direct ques- candidate who has not brought before 42 vacancies that have existed on the tions on judicial philosophy. us the kind of background, the kind of courts of appeal. In contrast, President The Department of Justice provided answers to questions which can give us Clinton nominated 11 Latinos to our memos by attorneys during the nomi- solace that we are appointing to the appellate courts, and he also nomi- nations of William Bradford Reynolds, second highest court in the land a man nated 21 to district courts. Republicans nominated to be Associate Attorney who has the qualifications and the blocked several of these, including General; Robert Bork, nominated to be temperament and the skill to handle Enrique Moreno, Jorge Rangel, and a Supreme Court Justice; Benjamin the job. Christine Arguello. Civiletti, nominated to be Attorney Our colleagues have emphasized that Let me also note this argument General; Stephen Trott, nominated to Mr. Estrada received a well-qualified about Estrada which Senator TRENT the Court of Appeals for the Ninth Cir- rating from the American Bar Associa- LOTT said to the Associated Press last cuit; and even Judge William tion. The ABA committee rating of Mr.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2142 CONGRESSIONAL RECORD — SENATE February 11, 2003 Estrada, as for all nominees, is advi- Asking him: Give us the name of one he was thinking. But again, he was sory and not binding. But it is inter- Supreme Court Justice, living or dead, careful to avoid—— esting to look at that rating and what whom you would emulate as a member Mr. HATCH. Will the Senator yield it has meant in the past. of the bar or as a member of the bench. again? Last fall, a number of Republicans He refuses to answer any of those ques- Mr. DURBIN. I am happy to yield. complained that a Bush nominee with tions. Mr. HATCH. Senator FEINSTEIN asked a well-qualified rating from the ABA I will yield to the Senator from Utah. him about Roe v. Wade. He basically received votes against their confirma- Mr. HATCH. Does the Senator re- said that he should not discuss his tion, but there was no acknowledgment member—you may or may not have views on it, but he said, on page 128: that many of these same Republicans been there at the time—he was asked I have had no particular reason to go back had voted against Clinton nominees about Roe v. Wade, and he said it was and look at whether it was right or wrong as settled law and that he would apply it? a matter of law as I would if I were a judge who received well-qualified ratings. that was hearing the case for the first time. While the Republicans were in con- Does the Senator remember that? It is there. It is the law as it is subsequently trol of the Senate, and when the Judi- Mr. DURBIN. I am happy to read ex- refined by the Casey case. And I will follow ciary Committee was chaired by Sen- actly what he said when I asked the it. ator HATCH, the following nominees re- question because I sent it to him in the And Senator FEINSTEIN said: ceived well-qualified ratings, and many written questions that came. So you believe it is settled law? Republicans voted against them: Mr. HATCH. That is what it said in Mr. Estrada said: Judge Merrick Garland, the last the transcript. I believe so. judge confirmed to the DC Circuit; Mr. DURBIN. If the Senator will bear Judge Gerald Lynch, of the Southern with me. So maybe he did not answer exactly District of New York; Judge Rosemary Mr. HATCH. It is on page 128 of the the way you wanted him to in the writ- Barkett—who is, incidentally, a transcript. Specifically asked, he said ten questions, but in the oral testi- mony he made it very clear that he Latina—who was found well-qualified it is settled law and he would apply it. would follow the law and that he be- for the Ninth Circuit was voted against I do not know what more he could say. lieves it is settled law. I do not know by the Republicans; Judge William Mr. DURBIN. I am looking for it. what more he should have said. Fletcher of the Ninth Circuit; Judge Mr. HATCH. I certainly do not know what more he should have said. If you Mr. DURBIN. I say to my colleague Ray Fisher of the Ninth Circuit; from Utah, I thank him for the ques- Marcia Berzon of the Ninth Circuit; go to page 128—— Mr. DURBIN. This isn’t what I am re- tion. And I just say that I cannot quite Sonia Sotomayor, another Latino, a understand how we could get so many nominee found well-qualified by the ferring to. These are written questions which were sent to him. I just read his different versions of answers from this ABA and voted against in the Second nominee. That is troubling to me. It Circuit by Republicans; Judge Mar- answer. It was curious to me, I say to the Senator from Utah, when he was concerns me. And I think it raises the garet McKowen, of the Ninth Circuit; question of whether or not he was Richard Paez, to whom the Senator given an opportunity to say just that, he did not. He did not. coached in terms of avoiding or trying from Nevada just made reference, an- to avoid expressing his personal point other Latino, to the Ninth Circuit, and Mr. HATCH. Well, he did. In his oral questions he was asked about Roe v. of view. was held up for 4 years, was found well- I see other colleagues in the Chamber qualified, not voted for by Republicans; Wade, and he said it was settled law, he would apply it. Maybe he did not say seeking recognition at this time. I have Judge Margaret Morrow, of California, spoken earlier, and I will just say, be- voted well-qualified. exactly what you wanted him to at the time, but that is what he did say. fore closing, I hope that those fol- Incidentally, the line of inquiry on lowing this debate will understand the Margaret Morrow I thought was the Mr. DURBIN. Let me read my ques- tion: historic nature of the debate. What is most intrusive I have ever heard. at stake here is the question of the Under the Republican-controlled Sen- You and I met privately before your hear- ing— constitutional authority and responsi- ate Judiciary Committee, Margaret bility of the Senate when it comes to I addressed this to Miguel Estrada— Morrow, with the most amazing legal the advice and consent given on judi- credentials and who answered every and I asked you for your views on Roe v. cial nominees. question, finally in her frustration, Wade. You indicated you considered the an- We believe, on this side of the aisle— when the Republican majority on the swer to that question to be a private matter, but your answer suggested you do have an at least many of us do—that Miguel Senate Judiciary Committee said to Estrada should be more forthcoming, her: We want you to tell us how you opinion. Do you have an opinion on the mer- its of Roe v. Wade? If so, have you read the should give us his writings so we can voted throughout your life on propo- briefs and transcripts of the oral argument? understand what is in his mind and sitions on the California ballot. Did This is Miguel Estrada’s response: what he would bring to this bench so you vote yes or no, and why?—we are we would have better answers to the asking Miguel Estrada what his posi- I stated during our meeting, like many Americans, I have personal views on the sub- basic questions we should ask every tion is on Roe v. Wade, and the Repub- ject of abortion, which views I consider a pri- nominee from every President. To do lican majority on the floor here is say- vate matter that I was unprepared to share otherwise is to relegate us to a minor- ing: You are going too far. or discuss with you. I also stated I do not ity status in terms of our major re- When it came to Clinton nominees harbor any personal views of any kind that if sponsibility under the Constitution. such as Margaret Morrow, they wanted I were a judge would preclude me from apply- I yield the floor. her to violate the secrecy and sanctity ing controlling Supreme Court law in the The PRESIDING OFFICER. The Sen- of her vote in the polling place and ex- area of abortion. I did not state that I have ator from Nevada. plain how she voted on a proposition private views on whether Roe v. Wade was Mr. REID. Mr. President, it is my un- before the California electorate. That correctly decided. As I stated during my hearing, it would not be appropriate for me derstanding the Senator from Mis- shows you how far they were going to to express such a view without doing the in- sissippi wishes to speak now. He told go—way too far in the extreme to stop tensive work that a judge hearing that case me earlier that he wishes to speak for the well-qualified nominee. would have to undertake, not only reading 10 or 15 minutes. That would take us All we are asking of Miguel Estrada briefs and hearing the arguments of counsel past 12:30. I ask unanimous consent is the basics: What is your position on but also independently investigating the rel- that the distinguished Senator from basic constitutional issues? When it evant constitutional text, case law, and his- Mississippi be recognized for up to 15 comes to Supreme Court decisions, dis- tory. minutes, and following that the Senate cuss one of them you might have dis- Had he answered exactly as the Sen- recess for its normal Tuesday recess. agreed with in the last 40 years, or in ator from Utah had said—it is control- The PRESIDING OFFICER. Without the history of the Supreme Court. ling law, and that is what I will apply, objection, it is so ordered. Mr. HATCH. Will the Senator yield or this is my view on the general issue The Senator from Mississippi. for a question? of privacy—I think it would have Mr. LOTT. Mr. President, I thank the Mr. DURBIN. In one moment. opened our eyes to an insight into what Senator from Nevada for making that

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2143 request. I believe I can make my re- not done any pro bono work for His- Roe v. Wade. That is partially what is marks in that time. panics specifically, but when you do going on here. Mr. President, I take this occasion to pro bono work, you do not always We have argued back and forth over speak on behalf of this nominee. I check that kind of background. You do the years about what should be the think he certainly deserves to be con- this work on behalf of a client who basis for our votes. I talked to my sen- firmed by the Senate, in a normal vote would not be represented if you were ior colleague from Mississippi, Senator which would require a majority of the not willing to serve without pay on be- COCHRAN, who served on the committee Senators, and that this matter not be half of this individual. and is a senior Member of this body, subject to a protracted debate, which It is rare to see an attorney or judge about what should be the basis of these could, in fact, turn it into a filibuster. with such an outstanding record even votes. Generally speaking, the nominee I wish to speak first in support of at the time of retirement. The experi- is selected by the President of the this specific nominee, but then also as ence this young man has had is incred- United States, who won an election. A one who has viewed the judicial nomi- ible in terms of his background, his lot of people understand one of the nations and the debate that has taken education, the variety of the experi- most important things a President place over the past 7 years. ence he has with the judiciary and with does is to select the men and women There has been a lot of interesting the application of law—and even before who will go on our Federal judiciary discussion. It is amazing that when the the Supreme Court, both as a clerk and and the Supreme Court. They make majority changes, the debate seems to also in appearances he has made. So, that selection. If that man or woman is shift sides, both ways. Some of the ar- clearly in terms of experience and edu- qualified by temperament, by edu- guments we are hearing now we were cation, Miguel Estrada is highly quali- cation, and by experience, and unless criticized for making in the past. But I fied. there is some ethical limitation or do not want to get into statistics or I find it very curious and exacer- something of that nature, generally what may have happened with this bating, quite frankly, that some Mem- speaking you ought to give them the judge or that judge. bers of the Senate are questioning benefit of the doubt and vote for them. At the beginning, I want to talk whether or not he is qualified. After That is why I stood here in the Sen- about this nominee, this outstanding all, he was rated unanimously well- ate and explained why I would vote for man who has lived the American dream qualified by the American Bar Associa- Justice Ruth Bader Ginsburg. I knew I in an incredible way. I am pleased and tion, a rating that has been consid- wouldn’t agree with a lot of her deci- honored to be able to come to the floor ered—I believe Senator HATCH and oth- sions. I didn’t agree with her philos- and express my support for Miguel ers have described it as the ‘‘gold ophy. But she didn’t have a conflict of Estrada to be a U.S. circuit judge for standard’’ for the Democrats as to interest. She didn’t have an ethical the District of Columbia Circuit Court whether or not a man or woman should problem. She was qualified. I voted for of Appeals. be qualified to serve on the Federal ju- her, even though philosophically I had I think he is highly qualified to be a diciary. So certainly to get a unani- problems with the nomination. There Federal judge. Beyond that, however, mously well-qualified rating from the were others where that situation ap- his American success story exemplifies ABA should make a tremendous dif- plied, where I wound up voting for what the American dream is really all ference here as to this nominee. them even though I would not agree about. It is about hard-working immi- He does have the support of a lot of with the decisions that they would grants who moved to the United States people in the Hispanic community. In make. That is the way we should do it. and searched for a better life. It is peo- fact, I know Hispanics all across Amer- Other times I spoke against nominees ple, such as Mr. Estrada, who have ica are asking the question: What is and I voted against them, even though made our country stronger by contrib- the problem here? uting to our society with their strong This is a well-qualified man who is as the Majority Leader, I had the re- work ethic and desire to achieve. Oth- Hispanic and has the educational back- sponsibility sometimes to call them ers have made those points, but I want ground and experience. Why are they up. I remember two very controversial to be on record talking about them my- still opposing him? Is it because he is judges nominated to the Federal bench, self. brilliant? I suspect maybe that is part Paez and Berzon from California. Sen- First, Miguel Estrada was born and of the problem. Is it because he has a ator HATCH and I were criticized be- raised in Honduras, and immigrated to conservative philosophy of strict con- cause we, in fact, moved them through the United States at age 17, speaking struction and interpretation of the the process. They wound up coming be- little English at the time. He quickly Constitution? Maybe that is part of it, fore the Senate and were voted on. I learned English, however, and excelled too. Is it because he is Hispanic? I voted against them both, but I helped in academics, graduating with a bach- don’t understand the basis for the op- move the process forward. I stated my elor’s degree magna cum laude and Phi position. problems with them and voted against Beta Kappa from Columbia College. The only thing I heard is that maybe them. I wouldn’t dare, however, try to Then he went on to earn his J.D. degree he hasn’t revealed enough of what he filibuster them because I had some magna cum laude from Harvard Law might do in a hypothetical case or the concerns about how they would rule in School. I might add, he was editor of argument just being made, or that he the Federal judiciary positions for the Harvard Law Review, a high honor would not name a decision with which which they had been nominated. and great achievement. he disagreed. It is a catch-22. If you If a decision is made to prolong de- He had valuable opportunities to begin to speculate or if you begin to bate and turn it into a filibuster and learn the intricacies of the Federal ap- identify a particular case, then you are we wind up having to have votes on a peals court system by clerking for a attacked because you identified that cloture petition, we will be on the Second Circuit court of appeals judge— particular case. verge of setting a very dangerous who was a Carter appointee—and serv- We have a right and an obligation to precedent, one that has not happened, ing as a clerk for U.S. Supreme Court ask any question we want to ask. Judi- in fact, in 35 years or so. Justice Anthony Kennedy. cial nominees have a right to have I remember a couple of years ago He has built a distinguished record as their own private views, but they also, there was a nominee supported, as a an attorney in private practice, as a as he has done, have to speak up and matter of fact, during the Clinton Federal prosecutor in New York, and as say they will support the law as it ex- years by Senator HATCH, I believe it an Assistant to the Solicitor General ists. They should state that they will was. We started having the movement under both President Clinton and support the rulings of the Supreme toward a filibuster. I think we maybe President George H.W. Bush. Court. He has done that. even had a cloture vote. I remember Mr. Estrada has argued 15 cases be- No, there is something more going the discussion across the aisle. Both fore the U.S. Supreme Court, including on. It probably has something to do sides were saying: Wait a minute, do a death penalty case in which he rep- with the debate that just took place, we want to set this precedent; do we resented a death row inmate pro bono. with speculation or suspicion as to want to do this? Does the Senate want The point was made that maybe he had what his position privately may be on to start voting on judges requiring 60

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2144 CONGRESSIONAL RECORD — SENATE February 11, 2003 votes to get a confirmation? The Sen- serves a vote—but why I think the ju- those objections and show they are ate responsibly, wisely, backed away dicial confirmation process is broken merely pretext for what is really going from that position. and has fallen into a state beneath the on here. I urge my colleagues, come to the dignity of this institution and this The American people know what is floor, state your concerns. If you have body. going on here, though, regardless of additional questions, I guess there is Indeed, I think if you could charac- what Members may claim. They realize still time to get some answers. But we terize what has been going on with re- the judicial confirmation process in need to have an up-or-down vote on gard to this confirmation process, you the Senate has become a game of polit- this nominee this week. He has been could talk about ‘‘delay’’—the fact ical football, where the participants pending since May 9, 2001, as have some that Miguel Estrada’s name had been think they are going to score points other very qualified nominees for the sent up for consideration by the Senate against their opponent—Republicans Federal judiciary. How long is enough? some 18 months ago, on May 9, 2001. against Democrats, Democrats against How much time do you need to review Second, I would choose the word ‘‘de- Republicans. But while the people who the record and look at the credentials, feat’’ in talking about this nomination. engage in this game of political foot- the qualifications of a nominee? It is clear the overarching objective of ball may believe they are scoring It is actually embarrassing, the way those who choose to oppose this nomi- points, it is the American people who the questions are being raised about nation are those who wish to defeat lose. this nominee, that we wouldn’t give President Bush on any and every front Again, I want to associate myself this nominee an overwhelming and per- they can find, where they don’t believe with the thoughtful remarks made the haps unanimous confirmation to this they will have to pay a political price. other day by the senior Senator from Pennsylvania who called for an end to position. Is it a fear that this brilliant, You could also talk about ‘‘deny’’— the fingerpointing, the recriminations young Hispanic who has lived and denying an opportunity for immigrants and the faultfinding. He called for the taken advantage of the American like Miguel Estrada, someone who is beginning of a new protocol, a new dream might some day be rec- living the American dream, to serve in process that befits the dignity of this ommended for the Supreme Court? Is a position of public trust. institution, one that would provide a that what is going on here? If it is, why Finally, I will use the word ‘‘dis- timely, comprehensive, and efficient don’t we at least wait and worry about pirit.’’ Clearly, there is an attempt to way to evaluate and vote on judicial that when he gets nominated to the dispirit those who would offer them- nominees, regardless of which party is Supreme Court. selves for public service, to make it so burdensome and so distasteful that in power in the White House. He is qualified. He will be an out- First of all, I want to address the ob- standing Federal judge. I urge my col- they will choose not to offer them- selves for public service. jection that has been noted about Mr. leagues to stop using very weak argu- Estrada’s refusal to state a political ments about how maybe he didn’t an- So I believe much of this debate en- compasses these four concepts: Delay, position or ideological position on a swer detailed questions about what his whole range of issues that will, in all rulings might be in a hypothetical defeat, deny, and dispirit. Now, how have opponents to Miguel likelihood, come before him on the case. That is not usually the basis we Estrada’s confirmation chosen to ap- bench. use for voting against a nominee. proach their opposition? First, I be- Everyone knows judges are not sup- I thank Senator HATCH for the job he lieve they have used scare tactics. The posed to be politicians, running on the has done on the committee. I am glad Senator from Massachusetts said the basis of a party platform, and, worse this process is beginning to break loose other day: yet, everyone knows judges are not now for men and women, minorities, supposed to prejudge cases that may who have been pending for close to 2 When this or any other administration nominates judges who would weaken the come before them. Why have a trial? years and who deserve to be considered core values of our country and roll back the Why have the adversaries in a court of by the Senate. I wholeheartedly en- basic rights that make our country a gen- law argue about what the facts are or dorse this nominee and look forward to uine democracy, the Senate should reject what the application of the law to seeing the leadership he will provide on them. those facts should be if a judge is going this particular circuit court of appeals. And then we heard from the Senator to prejudge that case? That is not jus- I yield the floor. from Vermont: tice; that is the antithesis of justice f We see an emboldened executive branch and the dispassionate impartiality we RECESS wielding its rising influence over both expect from judges. Houses of Congress and ever more deter- Every lawyer—and this body is chock The PRESIDING OFFICER (Mr. SES- mined to pack the Federal courts with activ- full of lawyers—knows that cases are SIONS). Under the previous order, the ist allies, to turn the independent judiciary decided on the basis of the facts and hour of 12:30 having arrived, the Senate into a political judiciary. the law, not—in a court of law, at will stand in recess until 2:15 p.m. Mr. President, if either one of those least—on the basis of a political per- Thereupon, at 12:37 p.m., the Senate statements were true, if I believed suasion or an ideological position. Of recessed until 2:15 p.m., and reassem- those accusations were supported by course, Mr. Estrada is well within his bled when called to order by the Pre- the evidence, I would not support this rights to say, I am not going to pre- siding Officer (Mr. VOINOVICH). nomination, nor would, I believe, any judge a case because I do not know ex- f Senator, Republican or Democrat, sup- actly how the facts may come before port this nomination. But I believe NOMINATION OF MIGUEL A. me; I do not know how the jury may more than anything else that sort of ESTRADA, OF VIRGINIA, TO BE decide the facts, and therefore I cannot rhetoric, unsubstantiated in fact, is UNITED STATES CIRCUIT JUDGE tell you how the law may apply to that proof positive this confirmation proc- particular set of facts on a case-by-case FOR THE DISTRICT OF COLUM- ess is broken. And I say enough is basis. BIA CIRCUIT—Resumed enough. Under our system of government, The PRESIDING OFFICER. The Sen- Opponents of Miguel Estrada’s con- judges hold a very different job from ator from Texas is recognized. firmation claim he has an inadequate that held by a member of the legisla- Mr. CORNYN. Mr. President, I have record. They claim he has little rel- ture or even the President, a member listened with great interest, and even evant practical experience. They claim of the executive branch. Judges, if they great concern, to the debate that has because he would not engage with them are going to be true to their oath, if taken place in this Chamber on the in a debating tactic, asking him wheth- they are going to interpret the law, not issue of Miguel Estrada’s nomination er there is any Supreme Court decision make law, are bound by what this body to serve on the DC Circuit Court of Ap- with which he disagreed, and finally, says the law should be when we pass a peals, and I feel impelled to stand and they claim that he has not clearly stat- bill or the President signs a bill into explain the reasons why I think not ed his judicial philosophy. law, by the Constitution, and by prece- only Miguel Estrada deserves con- In my remarks over these next few dents; that is, earlier decisions made firmation by this body—indeed, he de- minutes, I hope to address each one of by high court.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2145 Any judge who presumes to take on of your career. That is the highlight of ingness to put his hand on the Bible the role of a lawmaker is, I submit, a your legal experience, and to do it 15 and take an oath and abide by that in lawbreaker. A judge should not be a times, it is as if he had Super Bowl performing the job of a judge are all politician campaigning for confirma- rings on every finger of both hands, being called into question. Again, I tion, and I applaud Mr. Estrada for re- and to claim he is not qualified is pre- ask: Why would he or anyone else like fusing to submit himself to that sort of posterous. him subject himself to this broken process and refusing to prejudge cases Of course, you cannot have the expe- process? or to act like a politician campaigning rience of being a judge until you have If he were here today, he would say, for confirmation. actually been one. People have to start as he told me in my office, that accept- During the Judiciary Committee somewhere. Even the senior Senator ing this nomination to serve on the DC hearing and during the executive ses- from New York has stated that Miguel Court of Appeals is not about personal sions in which I participated as a mem- Estrada passes his self-styled test for accomplishment, personal achieve- ber of the executive committee, Mr. excellence. He said: Excellence is legal ment, but it is a sense of duty and obli- Estrada was asked: Do you disagree excellence, the quality of the mind. We gation to our country, his adopted with any previous decision of the U.S. don’t want political hacks on these im- country. Supreme Court? I am afraid that dem- portant courts. No one disputes that This country took in his mother and onstrates again what the judicial con- Mr. Estrada passes this point with fly- his sister, and himself. At age 17, he firmation process has degenerated into. ing colors. He comes highly rec- came from Honduras to America, bare- It should not be trivialized, and it ommended in this regard. When the ly speaking English. Working together should not be reduced to a law school ABA, the American Bar Association, and at great sacrifice, his mother put classroom where narrow and provoca- recommends him, that is all they are Miguel through law school, with his tive points of law are debated. evaluating. help. He worked odd jobs. It is also Does anyone really doubt that if any I believe it is a red herring to argue worthwhile to note, they put his sister nominee disagreed with a Senator’s that Miguel Estrada has insufficient through medical school. view on policy issues, no matter how experience to serve on this important These immigrants, one a distin- wrong under the law, we would see court. guished lawyer, another a distin- nothing but further degeneration of the What is really going on? I think a guished doctor, by dint of hard work, confirmation process? comment in the CONGRESSIONAL access to a good education, have I believe that Mr. Estrada, being a RECORD on February 5, 2003, by the achieved what we all recognize as the good lawyer and highly qualified to ranking minority member of the Judi- American dream and what every immi- serve on the DC Court of Appeals, is ciary Committee, the Senator from grant hopes for. Indeed, we are a nation following the dictum of a Supreme Vermont, is very telling, and I want to of immigrants. Through education and Court Justice who said the Supreme read this twice so there is no missing hard work, they have found prosperity, Court is not final because it is always what he said. and this opportunity, this hope, is the right; it is right because it is final. In He said: best civil right this country can give to other words, the way the Supreme I have friends who range across the polit- any immigrant. Court decides a case puts it to rest un- ical spectrum. But I think I also would be Miguel Estrada sees this as an oppor- less, in the legislative area, Congress willing to state what my political philosophy tunity to contribute to a way of life comes back and passes a statute that, is, or certainly what my judicial philosophy that provided him a way out, an oppor- in effect, overrules that decision by is, if I am going to ask for a lifetime appoint- tunity for great achievement and suc- changing the law and making it per- ment to the bench, just as I have to state cess, and an opportunity for public haps clearer what its intent is, or even, what my political philosophy is when I ask service. Only under our broken, de- in the rarest of circumstances on a the people of Vermont to elect or reelect me. structive judicial confirmation process, constitutional point, that the people So it is clear, what the Senator is as it has now become in this body, choose to amend the Constitution and saying is he expects a person nomi- someone can be demonized, not just say that does not represent what we, nated by the President, before this criticized but demonized, for such an the people, want the Constitution to body for confirmation, to express a po- honorable goal. It is a shame. reflect or it does not reflect our values. litical philosophy, just like he or any America has always been, and God And there is a process, of course, for other Member of this body would run- willing will always be, a land of oppor- that as well. ning for the Senate. tunity. Yes, despite our imperfections, One of the most extraordinary argu- I believe that demonstrates exactly despite our mistakes, millions have ments I have heard by opponents to how wrong the concept is of what the flocked to these shores seeking a better Miguel Estrada’s confirmation is that advice and consent function of the Sen- life for themselves, their children, and he does not have the experience to sit ate should be under our Constitution, their grandchildren. America is, of on the DC Court of Appeals. and how wrong the concept is of what course, a land of immigrants, where I have been honored during my career a judge should be under our Govern- those who come look for freedom to to serve as a judge at a trial court ment of separated powers. I want to speak as they wish, to associate with level, at a State supreme court level, talk about that in a moment. whom they choose, to worship accord- and I have been honored to serve as an When I think about the scare tactics ing to the dictates of their conscience attorney general of my State, the that have been employed over the last and, yes, to seek justice. Those who State of Texas, before I came to the few weeks with regard to Miguel have come have spared nothing, some- Congress. I will tell you that Mr. Estrada, it becomes crystal clear to me times even their own lives, seeking op- Miguel Estrada has exactly the kind of why our Government has a difficult portunities for those who come after. experience that has prepared him bet- time recruiting talented individuals to At different times during the course of ter than virtually anyone could pos- leave the private sector and offer this Nation’s history, they have come sibly be for service on this court. themselves for public service. Why from England, Italy, Ireland, Spain, Of course, we all know his record, a would anyone in Miguel Estrada’s posi- Mexico, Canada, Asia. They have come distinguished academic record. We tion, a successful lawyer, someone who, by the thousands and tens of thou- know he served in the Solicitor Gen- as I said, has been to the Super Bowl 15 sands. What has drawn them irresist- eral’s Office during the Clinton admin- times, subject himself to such a spec- ibly to this country is their hope and istration and argued 15 cases before the tacle? their ambition, not just for themselves U.S. Supreme Court. As attorney gen- Mr. Estrada is very good at what he but for those who would come after eral of Texas, I had the honor of argu- does. He has a successful law practice them. ing twice before the U.S. Supreme as a partner in a prestigious firm. In It is that diversity, that desire, that Court myself, and I must tell you that the 16 years he has practiced law, his dedication, that is the bedrock of is the Super Bowl for someone in my reputation is unblemished. For the American strength and resilience, and profession and someone in Miguel first time in his career, his profes- which has made America a beacon of Estrada’s profession. That is the peak sionalism, his temperament, his will- hope for the rest of the world.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2146 CONGRESSIONAL RECORD — SENATE February 11, 2003 To me, one of the most amazing a judge under our Constitution. Judges ment; and must ultimately depend upon the things about Miguel Estrada’s story is are bound to follow Supreme Court aid of the executive arm even for the efficacy in many ways it is not unique. It is ex- precedent, whether they agree with it of its judgments. emplary, but it is not unique. His or not as a personal matter. If there is I would like to address one other learning to speak English at 17, his such a thing as the rule of law as op- comment that is made from time to subsequent admission and outstanding posed to the rule of men, judges are time about the role of the Senate in accomplishment at the premier insti- bound to follow the acts of the legisla- performing its advice and consent func- tutions of higher learning in this coun- ture and judicial precedent, whether tions. Some Senators I have heard say try, have all been remarkable, but the they agree with them or not. Mr. they perceive their role as seeking to simple immigrant story that is his life Estrada has committed to follow the achieve balance of the courts, by which has been repeated time and again over law, whether he agrees with it or not. I take them to mean they believe that the course of this Nation’s history. Personal views and ideology have no a court, the District of Columbia Court People have come to work in this coun- role whatsoever to play. I believe that of Appeals, must be evenly split with try with little but their hopes and under our Constitution—and I believe judges of different philosophies. their dreams, and by dint of faith, hard that is what is taught in our class- That concept is completely alien to work, determination, sacrifice, they rooms in civics every day across this our Constitution. Balance and inde- achieve the American dream. Each Nation—this is the appropriate role for pendence, in our judicial branch, are time this happens, and it has happened a judge and for our judicial branch. We not meant to be determined by Repub- time and again during the course of don’t want them making legislative licans and Democrats choosing their this Nation’s history, America redeems policy. We do not want judges who are respective champions. The President a promise it makes to all who would legislators in robes. has a right granted to him under the come here: Liberty and justice for all. My colleagues across the aisle in this Constitution to appoint judges of his Too often, we focus on what is wrong Chamber know, we all know, that is choosing, subject to the advice and with our country. No doubt we should our job. We stand accountable to the consent of the Senate. That is one of strive to correct our mistakes, strive American people and to the voters of the reasons we vote for a candidate to to overcome our shortcomings when- our States for doing that job. That is serve as President of the United States. ever and however we can, but we would what we have accepted by coming here All we should rightly do as Senators is be a cynical people, knowing the costs and agreeing to represent our States. determine whether or not a nominee of everything and the worth of nothing, A lot of the debate we are hearing has the qualifications and the tempera- if we did not also celebrate what is today, this week—and who knows how ment to be a judge. Included, of course right in America. We should celebrate long this will go on—is not just about as an element of that temperament, we occasions like this when the hopes, Miguel Estrada but about what is the should expect that nominees will dreams, and aspirations of an immi- appropriate role for our three branches pledge to a sound judicial philosophy, grant family from Honduras have be- of Government. Heaven knows, this is to uphold the law, by giving the legis- come a reality, confirming once again not a brandnew debate. But I would lature deference and by following judi- America is indeed the last best hope of think most of the country would have cial precedent. Miguel Estrada has mankind, where all who come here and thought that matter already settled. pledged to do exactly that, and we who are willing to work hard to sac- Indeed it was. Alexander Hamilton should ask no more and no less of any rifice can live up to their God-given po- wrote about it in the Federalist Pa- nominee. tential. pers, of course, as the President knows, I said earlier I believe our judicial We have heard it said Mr. Estrada when the people of New York were con- confirmation process is broken, that has not laid out his judicial philos- sidering this new Constitution, wheth- the kind of things we see going on in ophy. I was surprised to hear that in er to ratify it. He was explaining the the process—delay, defeat, denial, and the Senate Judiciary Committee the various provisions of this new Con- a dispiriting of those who would offer other day, when the senior Senator stitution to the people at that ratify- themselves for public service—has cre- from New York made that charge, and ing convention in New York. It is ad- ated a terrible situation. The process said all he has told us is he will follow dressed in Federalist No. 78, what is has become so politicized that we find the law, he has not told us what his ju- the role we expect of the judiciary and ourselves in situations such as this, dicial philosophy is. Well, I think Mr. how does that relate or compare to the where Senators on the other side of the Estrada has articulated the best judi- role we have for the legislature or for aisle are now talking filibuster, to cial philosophy that we as Americans the executive branch—the President. deny this President the prerogative, could possibly hope for, a judicial phi- He said: granted to him under the Constitution, losophy and a dedication to the law Whoever attentively considers the dif- to appoint a highly qualified individual that the American people who appear ferent departments of power must perceive, such as Miguel Estrada to serve on the before the bench require. that, in a government in which they are sep- District of Columbia Court of Appeals. What he has said is he will not pursue arated from each other, the judiciary, from It is obvious to any reasonable per- his own agenda. He will not pursue a the nature of its functions, will always be son that the Senate needs a fresh start. social or political agenda. He will not the least dangerous [branch] to the political We need a fresh start on judicial nomi- try to make the law according to his rights of the Constitution; because it will be nees and on the judicial confirmation liking. He will give the legislatures’ least in a capacity to annoy or injure them. process. Miguel Estrada, like other The Executive [on the other hand] not only nominees, has waited for an inordinate enactments and the acts of Congress dispenses the honors, but holds the sword of deference and will seek to determine the community. amount of time—18 months so far. We owe it to the men and women who are our intent as policymakers and as In other words, the executive’s job is nominated by the President to do our those in the political branch who run to execute the laws passed by the legis- job on a timely basis, and to do it ap- for office based on a platform saying lature. what we are for and then are voted for plying constitutional standards, not by the people of our State to come The legislature not only commands the those that we make up or which we purse, but prescribes the rules by which the here. By saying he would follow the duties and rights of every citizen are to be perhaps prefer, or those which serve law, he is saying he would not only regulated. the political interests of some con- stituency. The truth is, we owe it not honor legislative acts, he would follow In other words, the legislature makes only to the men and women who are judicial precedence. That is the deci- policy, makes the law. nominated, we owe it to the American sions by the highest court in the land. He goes on to say: As legislators, as those in the Senate people to do our job, to do it on a time- who have the awesome responsibility of The judiciary, on the contrary, has no in- ly basis, and to apply correct constitu- fluence over the sword or the purse; no direc- advice and consent, we should want to tion either of the strength or of the wealth tional standards, because we know, and hear that. We should embrace it. There of the society; and can take no active resolu- common sense will tell us, that the is no role for advocacy of personal be- tion whatever. It may truly be said to have failure of this body to timely act on liefs or political agendas on the part of neither FORCE nor WILL, but merely judg- the President’s nominees means that

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Instead, he stonewalled serious and delayed is justice denied. mous consent that Senator BYRD, the valid questions—serious and valid ques- As someone new to this body, I hope distinguished Senator from West Vir- tions that have been answered by many a new system can be devised enabling ginia, be recognized following the re- other nominees who have appeared be- us to consider, on a bipartisan basis, marks of Senator EDWARDS. fore the committee. new rules, a new agreement, a new par- The PRESIDING OFFICER. Without Other judicial nominees of President adigm, a new protocol that will guide objection, it is so ordered. Bush have discussed at length their us in the manner in which we consider The Senator from North Carolina. views in hearings before the Senate Ju- the President’s nominees. That is not Mr. EDWARDS. Mr. President, I be- diciary Committee. For example, Mi- just for this President, but anyone lieve judges have no greater responsi- chael McConnell, whom I voted for and elected by the people to serve in that bility than to ensure fair treatment who was recently confirmed to the important office, regardless of who is and equal justice under the law. I also Court of Appeals for the Tenth Circuit, in power, whether it is a Republican or believe one of our greatest responsibil- thoroughly discussed his views on sub- a Democrat. ities as Senators is to advise and con- jects such as Roe v. Wade and the Su- The result of this fresh start should sent on the President’s nominees to the preme Court’s recent ‘‘federalism’’ or be timely consideration of a nominee’s bench. I, for one, take this responsi- ‘‘States rights’’ decisions limiting the qualifications and an up-or-down vote bility very seriously. It is not our duty authority of Congress. by the Judiciary Committee—and cer- as Members of the Senate to just rub- But with Mr. Estrada, it is very dif- tainly no one is suggesting that any ber stamp the President’s nominees— ferent. The Justice Department refused Senator ought to do anything other particularly nominees who we doubt to produce any legal memoranda writ- than to cast their vote either for or are committed to protecting equal ten by Mr. Estrada during his 5 years against a nominee. But they ought to rights for every single American. as a lawyer in the Solicitor General’s do so on a timely basis. We should not Having read the record of this nomi- office. In this position, Mr. Estrada re- have the kind of delay which we have nee very carefully, I feel compelled to searched the law, he wrote memoranda, had in this case. But if a nominee is oppose the nomination of Miguel pleadings, and briefs on behalf of the voted out of the Judiciary Committee, Estrada for two reasons. First, what we Federal Government on critical and then, of course, there ought to be that know about his record raises serious constitutional and statutory questions timely vote by the entire Senate re- questions about his commitment to that were before the U.S. Supreme gardless of who is President. Let us not protecting equal rights under the law. Court. hold to the delays and obstructions of Second, and more importantly, his I understand the administration has the past as methods for treating judi- refusal to answer reasonable questions concerns about executive privilege, but cial nominees in the future. during the confirmation process makes there are ways to strike a balance be- In closing, I urge my colleagues to it impossible to examine his views of tween the privileges of the executive confirm Miguel Estrada. I believe we the law and determine whether his per- and the rights of the Senate to learn ought to have a vote today on his nom- sonal views would overrule law and about a nominee before we make a de- ination. We have had many days of de- legal precedent. cision about him. That is what has bate. We have had 18 months since the Federal judges wield enormous power happened during the judicial nomina- President first proposed his name. Mr. and have a huge impact on the rights tion process of other nominees who Estrada has been scrutinized and ques- of individuals all across America. have worked in the Solicitor General’s tioned. His background has been inves- Given the fact that the Supreme Court office, including Robert Bork and Chief tigated by the FBI. I believe he de- reviews fewer than 100 cases per year, Justice William Rehnquist. We tried to serves a vote either up or down today. circuit courts, such as the DC Circuit discuss Mr. Estrada’s views with him Of course, I will, for the reasons I where Miguel Estrada is being nomi- during the hearing, but instead of have just stated, vote for his confirma- nated to, ends up as the courts of last being forthcoming in answering our tion. I believe the Nation will benefit resort for nearly 30,000 cases each year. questions, Mr. Estrada was extraor- from his experience, and he will be Let me repeat that. Fewer than 100 dinarily evasive. Time after time, Mr. given the opportunity to give back to cases are reviewed before the Supreme Estrada refused to answer our ques- his adopted country through this posi- Court, and 30,000 cases are decided at tions because he claimed not to have tion of honorable public service. the circuit court level. an opinion since he has not been per- I yield the floor. These cases affect the interpretation sonally involved, read the briefs, lis- The PRESIDING OFFICER. The Sen- of the Constitution as well as statutes tened to oral arguments, or independ- ator from Nevada. enacted by us to protect equal rights. ently researched the case. Mr. REID. Mr. President, first, I have The circuit courts are the courts where Anybody who has attended law enjoyed the presentation of the Sen- Federal regulations will be upheld or school, including myself, knows that ator from Texas. But I would suggest overturned, where many personal law students and lawyers express opin- that my experience here over for now rights will either be kept or lost, and ions about Supreme Court cases every more than two decades indicates that where invasions of freedom will be al- day because of their ramifications for the problem isn’t a matter of whether lowed or curtailed. They are the courts current cases with similar issues. it is a Democrat or a Republican Presi- where thousands of individuals will Nine times during his testimony Mr. dent. The process is broken down there. have a final determination in matters Estrada refused to name any Supreme It is not up here. The advice and con- that affect their financial future, their Court case with which he disagreed. sent role which we have under the Con- health, their liberty, and their lives. And time after time after time, Mr. stitution is something that should The District of Columbia Circuit is Estrada just flat out refused to offer us work and should continue to work. an especially important court in our any explanation of or insight into his I suggest here on the floor myself judicial system. It is the most pres- view of his judicial philosophy. that we need to do something to speed tigious and powerful appellate court For example, we have heard the up the process down there. When these below the Supreme Court level because President state on many occasions that people apply for judgeships, the work is it has exclusive jurisdiction over crit- he intended to appoint judges who are unending. For people who want to have ical Federal constitutional rights. strict constructionists—a term com- Cabinet or sub-Cabinet jobs, the proc- About Mr. Estrada: The little that we monly used in describing judicial phi- ess is unending, and we have to do know of Miguel Estrada’s approach to losophy and often applied to Justices something to get that speeded up. The the law is troubling. But Mr. Estrada’s Scalia, Thomas, and Rehnquist. I asked problem is not up here. record is not the main reason I can’t Mr. Estrada a simple question of The Senator from North Carolina support his nomination at this time. whether he considered himself within wishes to speak for up to 10 minutes. The main reason is that he has not ex- that category; did he consider himself

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2148 CONGRESSIONAL RECORD — SENATE February 11, 2003 a strict constructionist? But he refused as Justice Scalia to someone such as long the Senator from Minnesota wish- to provide a straight answer. Justice Stevens. But Mr. Estrada said es to speak? Question to Mr. Estrada: they were all ‘‘fair constructionists,’’ Mr. COLEMAN. Mr. President, I say Are you a strict constructionist? which basically meant the term had no to the Democratic whip, I have about Answer: meaning at all. 21⁄2 pages typed, probably no more than I am a fair constructionist, I think. It is like asking someone, ‘‘Which 10 minutes, 5 to 10 minutes maximum. Member of the Senate has your philos- Mr. REID. Why don’t you go ahead Question: ophy?’’ and the answer being, ‘‘Well, and speak for, what did you say, up to Do you consider yourself to be a strict con- they all do.’’ We do not all have the 10 minutes? structionist? same philosophy in the Senate. I do not Mr. COLEMAN. At the maximum. Answer: think anyone would question that. Mr. REID. I ask unanimous consent I consider myself to be a fair construc- He refused to answer a question that following the statement of the tionist. I mean, that is today. I don’t think about his views of any judge, living or Senator from Minnesota, the Demo- that it should be the goal of our courts to be dead. cratic leader be recognized. strict or lax. The goal of the courts is to get The PRESIDING OFFICER. Without it right. . . . Question: In terms of judicial philosophy, please objection, it is so ordered. The Senator I tried again. name several judges, living or dead, whom from Minnesota is recognized. Question: you admire and would like to emulate on the Mr. COLEMAN. Mr. President, this Let me ask the same question a little dif- bench? morning the distinguished Senator ferently. The President gave a speech last Answer: from New York made some statements night at a fundraiser and specifically re- There is no judge, living or dead, whom I about the Senate’s constitutional ad- ferred to your nomination, among others. vice and consent responsibility. I would The President said, ‘‘For a stronger America, would seek to emulate on the bench, whether we need good judges. We need people who in terms of judicial philosophy or other- like now to respond to those state- will not write the law from the bench, but wise.... ments because some of her views of the people who’’—and I am quoting him now— Again, ‘‘none of your business.’’ Senate’s appropriate role in judicial ‘‘strictly interpret the Constitution.’’ As a judge on the D.C. Circuit, nominations are different from mine. Do you fall within the President’s defini- Miguel Estrada would have an enor- I speak as a former solicitor general tion? mous impact on the lives of millions of of the State of Minnesota. I had an op- Mr. Estrada’s answer: Americans. The American people de- portunity to argue on many occasions I have not spoken with the President about serve to know about this man who will before the highest courts in my State. this or any other subject. I don’t know what have such an effect on their lives. They I have a great love and appreciation for he meant. If I had to take his text as a stat- deserve to know whether he will re- our Constitution and its history. ute, I would want to know more about the spect and protect their civil rights. In its enumeration of the President’s circumstances in order to figure out whether powers, the Constitution has provided I can answer your question. They deserve to know this before he dons the cloak of silence he will get a role for the Senate in the appoint- Question: once he is on the bench. The American ment of various Federal officials, in- You haven’t been asked that question by people deserve more from Miguel cluding Federal judges. The relevant anyone during the course of your nomination Estrada than ‘‘none of your business.’’ text, which is set forth in article II, process? I look forward to working on a bipar- section 2, of the Constitution, reads: If I can interject here, this is some- tisan basis to elevate qualified, mod- The President . . . shall nominate, and by thing the President talks about regu- erate nominees to the Federal bench. and with the Advice and Consent of the Sen- larly—appointing judges who are strict In particular, in the Fourth Circuit, ate, shall appoint . . . Judges of the Supreme Court, and all other Officers of the United constructionists. where North Carolina is, I have high He has now been asked several times States, whose Appointments are not herein hopes President Bush will nominate a otherwise provided for, and which shall be by me in the hearing whether he is a highly qualified candidate whom I will strict constructionist. His answer was established by law[.] be able to support. As one scholar has noted: artifice language without answering But, based upon Mr. Estrada’s record, the question. a reasonable reading of the text suggests this is clearly not the right man. I will that because the Senate’s role in the ap- I asked the question whether he is a not just rubberstamp nominees who strict constructionist. I asked: pointments process is outlined in Article II have not proven they are qualified for enumeration of presidential powers, rather You haven’t been asked that question by the extraordinary responsibilities of a than described in the Article I enumeration anyone during the course of your nomination Federal judge, and particularly the ex- of congressional powers, the Senate plays a process? traordinary responsibilities of a judge more limited role in the appointment of Answer: who would sit on the DC Circuit Court judges. No. I was asked very similar questions, and of Appeals. As a result, I urge my col- A reading of Alexander Hamilton’s they generally had to do with how I go about leagues to oppose this nomination. commentary on the Appointments generally interpreting the Constitution and I thank you, Mr. President. Clause sheds some additional light on statutes—and I gave the answer that I gave how the Framers viewed the Senate’s you a few minutes ago. The PRESIDING OFFICER (Mr. CRAPO). The Senator from West Vir- duty of advise and consent. Hamilton In other words, ‘‘none of your busi- ginia. acknowledged the danger that the Sen- ness’’ was the answer. Mr. BYRD. Mr. President, parliamen- ate’s advise and consent role could cre- Other Senators tried to get a straight tary inquiry. Is the Senate in executive ate an overly indulgent Senate rela- answer from Mr. Estrada. session? tionship to appointed officeholders en- Question: The PRESIDING OFFICER. The Sen- gaged in malfeasance. Hamilton rebut- Of the current members of the Supreme ate is in executive session. ted this point by arguing that the Sen- Court, who would you characterize as a Mr. BYRD. I thank the Chair. ate would have a strong interest in ap- strict constructionist? Who would you char- pointing qualified leaders and in pro- acterize as a fair constructionist? Mr. President, I ask unanimous con- sent to speak as in legislative session. tecting its reputation for appointing That was his language. The PRESIDING OFFICER. Without quality officeholders. He further point- How would you characterize the remaining objection, it is so ordered. ed out—and this is important—that the Justices? (The remarks of Mr. BYRD are printed Senate does not have the power to Answer: in today’s RECORD under ‘‘Morning choose officeholders, but only to advise I would characterize each member of the Business.’’) and consent. In a moment of amazing current Court as a ‘‘fair constructionist.’’ Mr. REID. Mr. President, the Senator prescience, he stated that he felt that The people on the Supreme Court from Minnesota is here. I am holding Senators might have political reasons today have totally different philoso- the floor now because the Democratic for confirming or rejecting a nominee. phies. Everyone knows that. You have leader has been waiting since 2:15 to He nevertheless observed—or perhaps a broad spectrum from someone such come and speak. I am wondering how hoped—that since the President alone

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2149 makes the nominations, Senators I have taken the time to share with works, there are very few glitches. would be somewhat constrained in my colleagues some of the historical When it works, Republicans and Demo- their voting decisions and that self-in- details of the judicial confirmation crats can come together and make terested decisions would be offset by process in order to put the debate over their best judgment. other Senators. He predicted that vot- Mr. Estrada’s nomination into perspec- It worked in this case. Why did it ing decisions on the merits would be- tive. What was enumerated in the Con- work? It worked in part because these come much more the norm. stitution as ‘‘advice and consent’’ has nominees came before the Judiciary I wonder what Alexander Hamilton in practice devolved to ‘‘negotiation Committee and they did their best to would say about the debate we have and cooperation’’ in the best cases, and answer the questions presented to had over Miguel Estrada’s nomina- ‘‘obstruct and delay’’ in the worst them. They did their best to offer as tions. I can’t imagine that he would be cases, aided and abetted by the liberal much information as they could about pleased. Washington special interest groups. I their past, about their record, about Hamilton believed that the appoint- fear that we are seeing the latter at others’ judgments, and about their ments powers were wisely vested in the work in Mr. Estrada’s case. record. Having presented their infor- hands of two parties, the President and I was recently elected to get things mation, having made their case, the the Senate. On one hand, Hamilton be- done. I was elected, and I heard my Judiciary Committee voted, they were lieved the President, acting alone, voters say: Put aside the bitter par- passed out of committee, they came to would be the better choice for making tisanship that is stopping the Senate the floor, and the Senate voted. nominations, as he would be less vul- from moving forward and that has pre- Not one Republican Senator has men- nerable to personal considerations and vented the Senate from getting a pre- tioned that process today. They say political negotiations than the Senate scription drug benefit and Medicare for that somehow we are abrogating our and more inclined, as the sole decision seniors, that stopped us from getting responsibilities in requesting exactly maker, to select nominees who would disaster relief assistance, that stopped the same information from Miguel reflect well on the presidency. On the us from getting a budget and appro- Estrada—not any more but not any other hand, he argued that the Sen- priations bills passed. less. ate’s role would act as a powerful Now we are facing the first partisan So this is not a question about dis- check on unfit nominees by the Presi- filibuster of a circuit court judicial allowing conservative judges. We do dent. As he put it, Senate confirmation nominee. Now we are facing a new that. We actually do it fairly regularly. ‘‘would be an excellent check upon a standard—not the gold standard of the It is my view that there are times spirit of favoritism in the President, American Bar Association but talks when judges we view to be outside the and would tend greatly to prevent the about qualified, or well-qualified, of mainstream—extreme, in other words— appointment of unfit characters from which Mr. Estrada has received the ought to be considered on the basis of State prejudice, from family connec- highest ranking—a new Federal stand- their philosophical points of view. But tion, from personal attachment, or ard. But, instead, we are facing a if they fall within what we view to be, from a view to popularity.’’ standard of political acceptability. Our as best as we can tell, the philosophical So there you have it, straight from Constitution is being tested. It is being mainstream in spite of their conserv- Alexander Hamilton himself. The role tested by the reaction to Mr. Estrada’s atism, I think a President has a basic of the Senate is a limited one of pro- nomination. right to nominate those in whom he tecting against the appointment of He is someone who comes to us as an has confidence. nominees who are unfit for the federal immigrant who worked his way up, There are those who have argued in bench. I agree that the Senate owes who became the top of his class in col- the last couple of days that this is real- some deference to the President’s lege, the top of his class in law school, ly about our opposition to diversity, choices. magna cum laude from Harvard, editor that somehow we are opposed to His- Hamilton also believed that the Sen- of the Law Review, clerked for Federal panic judges. That is not only unfortu- ate would act on judicial nominees judges, clerked for Supreme Court nate and not only in error, but I think with integrity in order to avoid public Judges, and comes to us with the high- it does a disservice to this debate. disapproval. Now, the last thing I want est qualification rating by the Amer- Frankly, they ought to know better to do is cast aspersion on the integrity ican Bar Association. But now we are than to resort to that kind of rhetoric of my colleagues who oppose Mr. facing a new standard. which demeans the debate. If this were Estrada’s nomination. But I must say I urge my colleagues on both sides of about diversity, if this were about that the amount of misinformation the aisle to reject the political consid- some concern for Hispanic judges as being repeated here on the Senate floor erations and get back to that view and some have asserted, we would be hard about Mr. Estrada, and the manner in that perspective on whether they are pressed to find one, much less virtually which his opponents have ignored his fit, whether they are qualified, and the entire Congressional Hispanic Cau- vast legal experience and record, is whether they have the right kind of ju- cus, in opposition. Yet that is what we cause for grave concern. dicial temperament. Let us put an end find. Virtually every member of the Historically, deliberation by the Sen- to this debate. Let us support and con- Hispanic Caucus in the House of Rep- ate on judicial nominations was quite firm Mr. Estrada’s nomination. resentatives has opposed this nomina- short, especially when compared to I yield the floor. tion. Why? In large measure for the what we are seeing on the Senate floor The PRESIDING OFFICER (Mr. same reasons we oppose this nomina- on Mr. Estrada’s nomination. Take, for CHAFEE). The Democratic leader. tion, unless we have more information. example, the 1862 nomination and con- Mr. DASCHLE. Mr. President, last They don’t know either where Mr. firmation of Samuel F. Miller to the night the Senate voted on three judi- Estrada stands. They have no record ei- United States Supreme Court. The Sen- cial nominations. And we voted unani- ther. In spite of their best efforts, there ate formally deliberated on the nomi- mously—Republicans and Democrats. is a shroud of secrecy around this nation for only 30 minutes before con- We voted unanimously, recognizing nominee that is very disconcerting. firming him. Confirmations on the that those nominations were very like- Why is it that nominee after nominee same day, or within a few days of the ly ones with which we had perhaps comes before the Judiciary Committee nomination were the norm well into even broad philosophical differences. and provides the information required? the 20th century. But we voted. We didn’t delay. We had Why is it we have access to the infor- Contrast this with what we are see- debate. We all had an opportunity to mation, the records of virtually every ing on Mr. Estrada’s nomination. We make our evaluation. We came to some other nominee? Why is it, with that are now on our fourth day of debate conclusion. record of performance, that when it with no end in sight. The Republicans That is how it should work. That is comes to this nominee—whether it is have offered at least two generous time what our Founding Fathers had envi- before the Judiciary Committee or be- agreements to set a vote for Mr. sioned. That is what the distinguished fore the Hispanic Caucus or before any- Estrada’s nomination, but the Demo- Senator from Minnesota was just allud- body else seeking information—we cratic leadership rejected both of them. ing to—advise and consent. When it come up with nothing?

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2150 CONGRESSIONAL RECORD — SENATE February 11, 2003 Mr. President, either this nominee So we have no choice. We have an ob- considering controversial nominations or knows nothing or he feels he must hide ligation to live up to the same stand- when evaluating a candidate with a limited something. It is one or the other: He ard with this nomination that we have public record. The Chairman of the Senate knows nothing or feels the need to hide with all the others. All we are sug- Judiciary Committee wrote to your Adminis- tration on May 15, 2002 to request such sup- something. gesting is that our colleagues live up to plemental documents to assist in Senate Now, I suppose if this were a tem- it as well. Provide us with the informa- consideration of the Estrada nomination. In porary nomination, if this were some- tion. Answer the questions. Once that particular, the request was made for appeal thing within the administration, with happens, we will make our judgment on recommendations, certiorari recommenda- a beginning and an end to the term—a this nomination. Some already have. tions, and amicus recommendations that Mr. commission, even a Secretary—perhaps But there are many others who deserve Estrada worked on while at the Department we could let this go by, perhaps we the right to make a proper evaluation. of Justice. should not feel quite as troubled by I must say, based on the limited in- Prior Administrations have accommodated similar Senate requests for such documents. this lack of willingness to be more formation available to us, there al- Such documents were provided during Sen- forthcoming. But this is for the second ready are serious questions about Mr. ate consideration of the nominations of Rob- highest court in the land. And not only Estrada’s qualifications. His imme- ert H. Bork, William Bradford Reynolds, the second highest court in the land, diate supervisor at the Justice Depart- Benjamin Civiletti, Stephen Trott, and Wil- this is actually for, arguably, the most ment said: I cannot, in good con- liam H. Rehnquist. important court in all of the circuits in science, recommend this man to serve Your Administration has refused to accom- this country. on the Circuit Court of the United modate the Senate’s request for documents It is within this circuit that we find in connection with the Estrada nomination. States of America. I cannot do that. In That refusal was a matter of inquiry at the perhaps the single most complex, the fact, he went on to say: I can’t even confirmation hearing held on this nomina- most serious, the most hotly debated, trust this person. That is from the su- tion on September 26, 2002. Following the the most contentious issues to come pervisor, the person who probably hearing, Senator Schumer wrote to the At- before the courts. Those who will serve knows this man the best. torney General on January 23, 2003, to follow on this court will decide the future of Mr. President, if a supervisor at the up on the request. title IX, the future of workers rights, Justice Department cannot find within In addition to requests for documents, Sen- the future of campaign finance, the himself to support this nominee, how ators frequently question judicial nominees during their confirmation hearings to deter- status of toxic waste cleanup. Those in the world is it we say we know bet- mine their judicial philosophy, views and and many more issues will be decided ter? temperament. For example, then-Senator in the D.C. Circuit. If Mr. Estrada has more information John Ashcroft asked nominees: ‘‘Which judge So we are left with a very serious di- he can share that would shed some has served as a model for the way you would lemma: Do we vote on what is essen- light on what it is that has caused his conduct yourself as a judge and why?’’ Mr. tially a blank slate or do we say: supervisor to be as concerned as he was Estrada refused to answer a similar question. ‘‘Look, we will vote, we will be pre- to oppose this nomination, then I During consideration of President Clin- pared to move forward on this and any would say it would be in his interest to ton’s judicial nominees, Republican Senators asked repeated questions regarding nomi- other nomination so long as that infor- bring it forward, to let us look at it. nees’ judicial philosophy, views or legal mat- mation can be provided’’? And that is why the Solicitor General ters, and approaches to interpreting the Con- Today, Senator LEAHY and I have papers are so critical. stitution. They insisted on and received an- sent a letter to the President asking So, Mr. President, I do not know how swers. During his consideration before the that the documentation that has been long this debate will go on, but I will Senate Judiciary Committee, Mr. Estrada provided on numerous other occa- say this: We have thought about this failed to answer these kinds of questions. sions—the Solicitor General records— very carefully now for many days. And These questions have not only been rou- be provided as they were with Mr. it is not without a great deal of con- tinely asked by the Senate, they have been Bork, Mr. Rehnquist, Benjamin Civi- cern and disappointment that I come routinely answered by other nominees—in- cluding other nominees from your Adminis- letti, and many others. That precedent to the floor with the report I have just tration. has long since been established. We shared. For the Senate to make an informed deci- have asked for the same information Our colleagues feel as strongly about sion about Mr. Estrada’s nomination, it is provided to the Senate that was pro- this as anything that has been pre- essential that we receive the information re- vided on those nominees. Why? Because sented to us. There is no doubt we have quested and answers to these basic legal there is no record. Why? Because there the votes to sustain whatever proce- questions. Specifically we ask: dural efforts are made to bring this de- 1. That you instruct the Department of is no basis upon which to make a pub- Justice to accommodate the requests for lic judgment unless we have that infor- bate to a close. I would hope that documents immediately so that the hearing mation. would not be necessary. process can be completed and the Senate can That is all we are asking: Give us This matter can be resolved if we have a more complete record on which to some record upon which to make our simply have access to the documents consider this nomination; and judgment, No. 1. And, No. 2, let us just and have answers to the questions. 2. That Mr. Estrada answer the questions ask Mr. Estrada to present to us the Mr. President, I ask unanimous con- that he refused to answer during his Judicial answers to the same questions that sent that the letter Senator LEAHY and Committee hearing to allow for a credible re- I sent to the President be printed in view of his judicial philosophy and legal have been asked by Republican col- views. leagues to nominees in past Congresses the RECORD. We would appreciate your personal atten- and by Democratic and Republican There being no objection, the mate- tion to this matter. Senators to nominees in this Congress. rial was ordered to be printed in the Sincerely, Why is it we should give some exclu- RECORD, as follows: TOM DASCHLE. sion to this particular nominee? What U.S. SENATE, PATRICK LEAHY. is it about this nominee that gives him Washington, DC, February 11, 2003. Mr. DASCHLE. Answer the questions. that right to say: ‘‘No, I’m above that. The PRESIDENT, Provide the information. Let’s move I don’t have to provide that informa- The White House, this debate forward. Let’s do the right Washington, DC. thing. Let’s live up to our constitu- tion. I don’t have to provide the same DEAR MR. PRESIDENT: We are writing in information that Mr. Bork provided or reference to your nomination of Miguel tional obligation. Let’s respect the ad- that Mr. Rehnquist provided. I don’t Estrada to the U.S. Court of Appeals for the vice and consent clause of the United have to do that. I’m unique’’? District of Columbia Circuit. Pursuant to States Constitution. Let’s do what our There is nothing unique about the Constitution, the Senate is to act as a forefathers expected of us. Let’s not defying the Senate. Others have at- co-equal participant in the confirmation of carve out an exemption for Mr. Estrada tempted to do so. But when one defies judges to the federal bench. Unlike nomina- or anybody else. Let us make a wise de- tions made by a President for Executive the Senate, defies the Constitution, cision about this nomination, as we when someone undermines the con- Branch appointments, judicial nominees are reviewed by the Senate for appointment to have in so many other cases. stitutional obligation we have to ad- lifetime positions in the Judicial Branch. I yield the floor. vise and consent, we take that seri- The Senate has often requested and re- The PRESIDING OFFICER. The ously. ceived supplemental documents when it is Democratic whip.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2151 Mr. REID. Mr. President, earlier I will now address the procedural tac- pointed article III judges and the un- today there was a colloquy between the tic that is being used against Miguel derlying principle that the Senate per- junior Senator from New York and this Estrada, and I am talking about a fili- form that role through the majority Senator, following remarks of the dis- buster of this nomination. A filibuster vote of its Members are such issues. tinguished Chair of the Judiciary Com- of Mr. Estrada’s nomination will re- Nothing less depends on the recogni- mittee, who said the Congressional His- quire a cloture vote by the Senate to tion of these principles than the con- panic Caucus was divided on their feel- end debate, unless reasonable minds on tinued untarnished respect for our ings about the nominee now before this the Democratic side can prevail. third branch of Government, the one body. I know there are some who are work- branch of Government intended to be I mentioned to the Senator from New ing to try to prevail, just like I had to above political influence, the Federal York I had been privy to a conversa- work on our side to prevail over those judiciary. tion just a few days ago with the chair- who wanted to filibuster some of Presi- On the basis of principle, I have al- man of the Hispanic Caucus and other dent Clinton’s nominees. I am hoping ways tried to be fair to judicial nomi- members of that caucus who said they reasonable people on the Democrat side nees, regardless of the political affili- unanimously oppose Miguel Estrada to will prevail. They simply must prevail ation of the President making the be district judge for the District of Co- because we really do not want to start nomination. The opposition to now lumbia. down the road of a filibuster. Judge Berzon and now Judge Paez, two I will now read into the record a As I say, a filibuster of Mr. Estrada’s Clinton nominees, was led by members statement of the Chair of the Hispanic nomination will require a cloture vote of my own party. They believed very Caucus, Congressman CIRO D. RODRI- by the Senate to end debate. This deeply that Marcia Berzon, with her GUEZ, dated today, which reads: means that a supermajority of 60 votes very liberal philosophy, would become ‘‘It is disheartening to see that Members of will be required to allow us to proceed an activist judge. They knew, in their the Republican Senate continue to make to an up-or-down vote on Miguel eyes—and I think they were pretty misleading and unfound statements regard- Estrada’s nomination. That is an insult right—that Judge Paez as a Federal ing the Congressional Hispanic Caucus’s op- to Miguel Estrada. It is an insult to the district court judge was an activist position to Bush judicial nominee Miguel Senate. It is an insult to Hispanic peo- Estrada,’’ said Congressman Ciro D. Rodri- judge, writing activist decisions. I met ple all over this country who are Judge Paez, and he said he would be guez, chair of the Congressional Hispanic watching what is happening. Actually, Caucus. ‘‘The CHC will continue to stand by very careful not to be activist in the its unanimous opposition to this unqualified it is an insult to this coequal branch of future. It did not take him long on the nominee and will not waiver.’’ government, the judiciary. Ninth Circuit Court of Appeals, in the ‘‘Senate Republicans continue to hit below I have taken the Senate floor on eyes of some, to go back to his activist the belt, insulting Hispanic Members of this more than one occasion to decry the ways. Activism means acting as a Congress who have been elected to serve as a tactic of enforcing judicial nominees superlegislator on the bench, making voice for the people in their community,’’ through a cloture vote. My position laws that should be made by those who continued Congressman Rodriguez. ‘‘Today, has been the same, regardless whether Senate Judiciary Chairman Orrin Hatch con- have to stand for reelection—Members the nominee was appointed by a Demo- of Congress and the President. tinues to make misleading, partisan swipes. cratic or Republican President. I am He incorrectly claims that the CHC is split When members of my own party proud to say during my nearly 30 years in its opposition, and he mischaracterizes fought against Judge Berzon, now in the Senate, I have never voted our arguments. Yesterday, the CHC released Judge Berzon, and then Judge Paez, against cloture for a judicial nominee, a letter to Senator Hatch demanding an during that time I stood against the apology for comments he made during Sen- even on the rare occasion when I op- use of cloture to attempt to thwart a atorial debate, likening Members of the CHC posed a judicial nomination and ulti- vote on their nominations, and I was ‘to the lioness eating her cubs . . .’ We have mately voted against that nomination. yet to receive an apology or even an ac- An example in point is the nomina- successful. Now it is my friends across knowledgment from the Senator that his tion of Lee Sarokin to the Third Cir- the aisle first subjecting Miguel comments were out of line and insulting.’’ cuit. Even though I voted against his Estrada’s nomination to a cloture vote. ‘‘The CHC has supported numerous highly I stand just as firmly today against the qualified Hispanic appointees by the Bush nomination, I voted in favor of cloture because I strongly believed his nomina- use of this tactic to prevent his nomi- Administration,’’ noted Congressman Rodri- nation from coming to the floor of the guez. ‘‘We oppose Mr. Estrada, however, tion deserved to succeed or fail on the based on our review of his inadequate quali- basis of the votes of a simple majority Senate for an up-or-down vote, which is fications for what is viewed as the second of the Senate, not on the will of merely what the President deserves. If we are most powerful court in the nation.’’ 41 Senators who vote against cloture. I going to be fair to the President of the I suggest the absence of a quorum. argued strenuously in favor of invoking United States, whoever the President The PRESIDING OFFICER. The cloture on two of President Clinton’s may be, we should always provide that clerk will call the roll. judicial nominees, Marcia Berzon and opportunity to have an up-or-down The assistant legislative clerk pro- Richard Paez. vote on these nominees. ceeded to call the roll. There are times when legislators To be sure, this body has on occasion Mr. HATCH. Mr. President, I ask must, to be effective, demonstrate engaged in the dubious practice of fili- unanimous consent that the order for mastery of politics, but there are also busters of judicial nominees, but forc- the quorum call be rescinded. other times when politics, though ing the filing of cloture on a judicial The PRESIDING OFFICER (Mrs. available, must be foresworn. This is nominee remains the exception rather DOLE). Without objection, it is so or- one of those times. There is a quote of than the rule. We have always been dered. Disraeli that addresses this situation able to thwart the attempted filibuster Mr. HATCH. Mr. President, I have perfectly. To paraphrase, next to know- by some who I think at the time did been on the Senate floor since the de- ing when to seize an opportunity, the not fully realize the import of their ac- bate on the Miguel Estrada nomination most important thing is knowing when tions. commenced last week. I have stated in to forgo an advantage. We have always been successful. the strongest terms my support for his I hope my colleagues will forgo their Overall, these episodes have been infre- qualifications. I am not alone. Vir- perceived advantage of a filibuster of quent and they have been unfortunate tually anybody who knows him, any- Miguel Estrada’s nomination. Forcing in each case. I hope they will remain as body who has any background on a supermajority vote on any judicial such and that what we are seeing today Miguel Estrada, feels the same way. I nominee is a maneuver that needlessly is not the beginning of a long battle of have stated in the strongest terms this injects even more politics into the al- fighting filibuster threats against support. The record is replete with rea- ready overpoliticized confirmation President Bush’s judicial nominees. sons why he would be an excellent ad- process. I believe there are certain There is real cause for concern that is dition to this DC Circuit and with facts areas that should be designated as off not to be taken lightly in the wake of dispelling the specious arguments of limits from political activity. The Sen- the November elections. Leading lib- his detractors. ate’s role in confirming lifetime ap- erals hit the newspapers to urge my

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2152 CONGRESSIONAL RECORD — SENATE February 11, 2003 Democratic colleagues to use the fili- While Democrats Feingold and Kohl both [From the New York Times, Nov. 10, 2002] buster as a tool to defeat President take positions supporting abortion rights, DEFENDING THE JUDICIARY women in Wisconsin must not take for Bush’s judicial nominees. The biggest fallout from last week’s Re- granted, Smeal told an overflow crowd of 250 On November 11 of last year, the publican capture of the Senate may be that that packed into the Marquee Room at the it will now be harder to block ideologically Legal Times published an article: ‘‘A Madison Civic Center Wednesday night for extreme nominees to the federal courts. But Major Shift in the Battle for the ‘‘Never Go Back,’’ a national campaign contrary to what some conservatives claim, Bench.’’ The article was subtitled: aimed at putting a spotlight on the protec- nothing in the election returns suggests that ‘‘With GOP steering the Judiciary tion of abortion rights.’’ I hope this campus Americans want the courts packed with such organizes like it has never organized before,’’ Committee, liberal advocates turn to judges. Given the new political lineup, Smeal told the group, which was nearly all more desperate measures.’’ The article Democratic and moderate Republican sen- female and filled with many UW-Madison reported on the plans of liberal interest ators must be more involved in the confirma- students. groups to refocus their energies against tion process to ensure that Justice Depart- The political landscape is making those ment ideologues do not have a free hand in President Bush’s judicial nominees on who cherish the right to choose an abortion shaping the federal judiciary for decades to the Senate floor where ‘‘filibusters and nervous, and Smeal and local activists who come. legislative horse trading may give lib- spoke. For all of the talk of Republican ascend- eral interest groups their best shot at ‘‘What Nov. 5 (the midterm election) has ancy, last week’s election returns did not done is made it clear to everybody what we influencing the process.’’ produce anything like a right-wing mandate. are up against,’’ said Smeal, president of the The senior legislative counsel of one Republicans running in the hardest-fought Feminist Majority Foundation and three- liberal group called the filibuster a elections hewed to the political center. The time president of the National Organization ‘‘plausible weapon.’’ victory margins in the races that ended up for Women. Also on November 11, two liberal law shifting the Senate—Minnesota and Mis- Smeal led the first national abortion professors published an op-ed in the souri—were less than three percentage rights march in 1986, which drew about points. Los Angeles Times entitled: ‘‘No to a 100,000 to rally in Washington, D.C. In 1989, Far-Right Court: Use Filibusters.’’ In Despite President Bush’s campaign prom- more than twice as many marched, she said. ise to ‘‘unite, not divide,’’ many of his judi- an implicit nod to the rarity of the use And then, in 1992, the march turned out more cial nominees have done the reverse. They of a filibuster to defeat a judicial nomi- than 700,000. favor taking away the right to abortion, nee, the article urged ‘‘courageous ‘‘I believe we are going to have to march striking down reasonable environmental reg- Democrats’’ that a filibuster is the again and again and again,’’ she said. ulations and turning back the clock on race. only way to thwart President Bush’s Vacancies on the U.S. Supreme Court may (One pending nominee at one point criticized appear as early as this summer, and it is ex- the Supreme Court’s ruling that Bob Jones nominees. pected that President George W. Bush will The New York Times on November 10 University should lose its tax-exempt status seek to appoint justices who oppose abor- for discriminating against black students.) similarly urged Democrats ‘‘not [to] be tion. afraid to mount a filibuster,’’ which, With the Senate in Republican control, the Smeal is touting a plan to save abortion administration is likely to choose even more again, implicitly acknowledges the ex- rights now that the country has a conserv- troubling nominees. tremity of filibustering a judicial nom- ative president and U.S. Senate majority. Senate Democrats must insist on two ination. The strategy focuses on the Senate because things going forward: consultation and con- On November 14, the Madison Capital it has the power to confirm, reject or block sensus. Senator Patrick Leahy, who will be Times reported that a Federal feminist nominees to he U.S. high court. the ranking minority member of the Judici- The tactic would call on senators to fili- group was targeting Wisconsin for a ary Committee, should ask to meet with the buster in order to block anti-abortion nomi- administration in advance to head off unac- grassroots campaign to drum up sup- nees. A filibuster is a parliamentary tech- port for the filibustering of Bush Su- ceptable candidates before they are nomi- nique that allows a minority of senators to nated. Consultation of this kind occurred in preme Court nominees. The paper can- keep a vote from being taken. Defeating a the Clinton years, and it should be the norm didly reported: nominee requires a majority vote in the Sen- for judicial selections, no matter which The tactic would call on Senators to fili- ate, but only 41 of the 100 senators are need- party holds the White House. buster in order to block [pro-life] nominees. ed to sustain a filibuster. Senate Democrats should also make it A filibuster is a parliamentary technique ‘‘It’s the safest tool we have to save the clear that they will not accept extremist that allows a majority of Senators to keep a lives of the next generation of women,’’ nominees. They must draw a line in the sand vote from being taken. Defeating a nominee Smeal said. and say that those whose politics cross it requires a majority vote in the Senate, but If the Supreme Court overturns Roe v. will not be confirmed. only 41 of the 100 Senators are needed to sus- Wade, the 30-year-old decision that struck Democrats in the Senate no longer control tain a filibuster. down restrictive state abortion laws, abor- the Judiciary Committee, which has until tion rights will again be determined state by now been screening out the worst nominees, The rallies in Madison and Mil- state. That means rich women will be able to waukee were only 2 of 12 such cam- and cannot win party-line votes. But they hop a plane to get an abortion, while poor should reach out to moderate Republican paigns by this group on college cam- women will be left to bring unwanted preg- senators and build a mainstream coalition. puses nationwide to drum up support nancies to term or seek dangerous, ‘‘back And when a judicial nominee is unaccept- for filibustering judicial nominees alley’’ abortions, Smeal said. able, they should not be afraid to mount a based on the single litmus test issue of ‘‘We’ll lose centuries,’’ she added. filibuster, which Republicans would need 60 abortion. Dr. Dennis Christensen, medical director of votes to overcome. Madam President, I ask unanimous the Madison Abortion Clinic, also spoke. He Rumors have been swirling around Wash- said the huge turnout for the event was one consent editorials be printed in the ington that there could be one or more Su- of the few bright spots he’s seen since last preme Court vacancies in the next few RECORD. week’s election. For the first time in 30 months, making the stakes as high as can There being no objection, the mate- years he really feels the urgency of the abor- be. With the White House representing the rial was ordered to be printed in the tion rights cause, he said. far right in the nominating process, it re- RECORD, as follows: ‘‘Where were the women in this election?’’ mains up to the Senate—even in its new con- [From Capital Times, Nov. 14, 2002] he asked. figuration—to represent the rest of the coun- ‘‘Christensen said he is not a politician or try. ACTIVIST: URGE SENATORS TO SAVE ABORTION a fund-raiser. He is a physician who is able RIGHTS to help women ‘‘with this problem that they Mr. HATCH. What these articles sug- (By Samara Kalk Der) have.’’ gest is that the liberal interest groups Women’s rights leader Eleanor Smeal was ‘‘I don’t have to worry about it. I’m not are just as intent as ever on using in Milwaukee and Madison Wednesday urg- going to get pregnant,’’ he added. every trick in the book to defeat Presi- ing grass-roots abortion rights supporters to If Roe v. Wade is overturned, abortion in dent Bush’s judicial nominees. From send a message to U.S. Sens. Russ Feingold Wisconsin will become illegal the next day, the start of their record, as they have and Herb Kohl. Christensen said. Wisconsin is one of just 14 tried to do with Miguel Estrada and Smeal said she came to Wisconsin because states where abortion will be considered ille- others, by forcing a cloture vote, it ap- it is the only state where both of its senators gal should the federal law get struck down, sit on the Judiciary Committee, which he added. pears the liberal interest groups will wields considerable power when it comes to ‘‘I don’t think I’m ready to spend my re- stop at nothing to further their agen- the scrutiny and confirmation of Supreme tirement in jail,’’ he quipped. ‘‘I plan to da. What is more, it looks as if the de- Court justices. spend it on the golf course.’’ feat we are seeing on Miguel Estrada is

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2153 not so much about him as it is about I . . . do not want to see the Senate go But he was out to make sure the system seeing how well a filibuster works in down a path where a minority of the Senate could function. He had Republican Presi- case there is a Supreme Court nominee is determining a judge’s fate on votes of 41. dents nominating judges. He processed their this summer. He continued: nominations. He brought them to the floor of the Senate. He gave the Senate a chance to It also may have a more sinister pur- I . . . took the floor on occasion to oppose vote on them up or down for those people to pose: To desensitize the American peo- filibusters to hold . . . up [nominations] and get confirmed. that process is breaking ple to filibustering judicial nominees believe that we should have a vote up or down. down. so that the practice will become more On another occasion Senator BIDEN acceptable and so that less outrage will On a different occasion, the same col- said: be expressed over the filibustering of league said: So any member who is nominated for the other circuit nominees and ultimately I have stated over and over again on this district or circuit court who, in fact, any a Supreme Court nominee. This is all floor that . . . I would object and fight Senator believes will be a person of their part of the strategy of changing the against any filibuster on a judge, whether it word and follow stare decisis, it does not ground rules on judicial nominations is somebody I opposed or supported; that I matter to me what their ideology is, as long that Senate Democrats discussed at felt the Senate should do its duty. as they are in a position where they are in their retreat back in April of 2001. And another Democratic colleague the general mainstream of American polit- I am not the only one who recognized put it simply when she said: ical life and they have not committed crimes of moral turpitude, and have not, in fact, the dangerous precedent that some A nominee is entitled to a vote. Vote them acted in a way that would shed a negative Democrats would set in filibustering up or vote them down . . . If someone has an light on the court. But I also respectfully qualified nominees. The Washington opposition to a judge, they should come to suggest that everyone who is nominated is Post, hardly a bastion of conservatism, the floor and say that. entitled to have a shot, to have a hearing warned in a December 5, 2002, editorial I agree wholeheartedly with these and to have a shot to be heard on the floor that ‘‘a world in which filibusters serve statements. and have a vote on the floor. as an active instrument of nomination Miguel Estrada waited more than 16 That was a statement of Senator JO- politics is not one either party should months for his confirmation hearing. SEPH BIDEN, CONGRESSIONAL RECORD, want.’’ He waited another 4 months for a com- March 19, 1997 at S2540. The Washington Post urged Demo- mittee vote on his nomination. And This is a statement of Senator BAR- crats to ‘‘stand down’’ on any attempt now his nomination is being subjected BARA BOXER on the nomination of Mar- to deny Miguel Estrada a vote because to yet another hurdle: Extended floor garet Morrow, to the Ninth Circuit his nomination ‘‘in no way deserves a debate on his nomination with no end Court of Appeals: filibuster.’’ in sight. If we’re going to debate Mr. According to the U.S. Constitution, the I couldn’t agree more. Estrada’s nomination, then let’s do it, President nominates, and the Senate shall I hope I am wrong about the extent vote on it, and get on with the other provide advice and consent. It is not the role to which the liberal interests groups important matters that are the work of of the Senate to obstruct the process and have had a role in orchestrating this prevent numbers of highly qualified nomi- this body. nees from even being given the opportunity lengthy debate on Miguel Estrada’s I hope my colleagues are not going to nomination. I hope that this is not an- for a vote on the Senate floor. the unworthy ends of filibustering the That statement of Senator BOXER other example of an attempt by some President’s nominees. It is unfair to of my Democratic colleagues to change was printed in the CONGRESSIONAL the President. It is unfair to the proc- RECORD, May 14, 1997 at S4420. the ground rules on judicial nominees. ess. It is unfair to Miguel Estrada who I hope that my Democratic colleagues On the nomination of Judge Richard has earned the right to be here. Paez, to the Ninth Circuit, Senator will exercise the same independence I think it is important to remind my that I did when I joined them to invoke LEAHY, the distinguished ranking Democratic colleagues of statements member and Senator from Vermont, cloture on the nominations of Clinton they have made over the years oppos- judicial nominees who were opposed by said: ing filibusters of judicial nominees. Of I have heard rumors that some on the Re- many of my Republican colleagues. course, there was a Democratic Presi- When I argued to invoke cloture on publican side planned to filibuster this nomi- dent in the White House at the time nation. I cannot recall a judicial nomination the nominations of Judge Berzon and these statements were made. I guess being successfully filibustered. I do not re- Judge Paez, I noted several important that is the double standard for Mr. call earlier this year when the Republican reasons for avoiding a filibuster of ju- Estrada, in more ways than one. Chairman of the Judiciary Committee and I dicial nominees. One is that the Sen- I remember, on the nomination of noted how improper it would be to filibuster ate’s constitutional duty of advise and a judicial nomination. During this year’s Merrick Garland, here was a statement consent contemplates that a vote by a long-delayed debate on the confirmation of of Senator SARBANES, who came to the simple majority of the Senate deter- Margaret Morrow, Senator Hatch said: ‘I Senate the same time I did, and whom mine the fate of a judicial nominee. think it is a travesty if we ever start getting I respect, the Senator from Maryland. into a game of filibustering judges.’ Well, it There is nothing in the Constitution It was on the nomination of Merrick appears that travesty was successfully that gives that power to a minority of Garland, President Clinton’s nominee threatened by some on the Republican side 41 Senators, just as that power should of the aisle and kept the Minority Leader not be yielded by 10 Senators in a to the very same court, the Circuit Court of Appeals for the District of Co- from fulfilling his commitment to call up party-line vote in committee. the nomination for a confirmation vote. Another reason is that most of the lumbia, for which Miguel Estrada has been nominated. He said this: That is printed in the CONGRESSIONAL fight over a nomination has occurred RECORD, October 14, 1997 at S12578. well before a nominee arrives at the It is worse than that. It is not whether you He said: let the President have his nominees con- Senate floor. The battles are largely If Senators are opposed to any judge, bring fought between the White House and firmed. You will not even let them be consid- ered by the Senate for an up-or-down vote. them up and vote against them. But don’t do the Judiciary Committee, since it is That is the problem today. In other words, an anonymous hold, which diminishes the our job to vet the nominees. By the the other side will not let the process work credibility and respect of the whole U.S. Sen- time a judicial nominee reaches the so these nominees can come before the Sen- ate. I have had judicial nominations by both Senate floor, he or she deserves a vote ate for judgment. Some may come before the Democrat and Republican Presidents that I on the merits without having to clear Senate for judgment and be rejected by the intended to oppose. But I fought like mad to the procedural hurdle of a cloture vote. Senate. That is OK. But at least let the proc- make sure they at least got a chance to be ess work so the nominees have an oppor- on the floor for a vote. I have stated over and In the past, several of my Democratic over again on this floor that I would refuse colleagues have joined me in con- tunity and the judiciary has an opportunity to have these vacant positions filled so the to put an anonymous hold on any judge; that demning the practice of forcing judi- I would object and fight against any fili- cial nominees through a cloture vote. court system does not begin to break down because of the failure to confirm new judges. buster on a judge, whether it is somebody I For example, during the debate on The Senator from Delaware, when he was opposed or supported; that I felt the Senate Clinton nominees, one of my Demo- chairman of the committee, always meas- should do its duty. cratic friends spoke passionately about ured up to that responsibility, I think often That was printed in the CONGRES- this tactic. He said: taking a lot of political heat for doing it. SIONAL RECORD, June 18, 1998 at S6523.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2154 CONGRESSIONAL RECORD — SENATE February 11, 2003 He said: plemental documents to assist in Senate the Democrats and Republicans back in I hope we might reach a point where we as consideration of the Estrada nomination. In September when he had his hearing. a Senate will accept our responsibility and particular, the request was made for appeal My Democratic colleagues are unhappy vote people up or vote them down. Bring the recommendations, certiorari recommenda- only because Mr. Estrada did not say names here. If we want to vote against them, tions, and amicus recommendations that Mr. anything they could use to oppose him. vote against them. Estrada worked on while at the Department of Justice. In other words, he didn’t tell them That was printed in the CONGRES- Prior Administrations have accommodated what they really wanted to hear, which SIONAL RECORD, October 22, 1997 at similar Senate requests for such documents. would have been mistakes, or some S10925. Such documents were provided during Sen- error, or some difference in opinion He also said: ate consideration of the nominations of Rob- they could then use to oppose him. He I hope that when we return . . . there will ert H. Bork, William Bradford Reynolds, answered the questions. He just didn’t be a realization by those in this body who Benjamin Civiletti, Stephen Trott, and Wil- answer them the way they wanted him have started down this destructive path of liam H. Rehnquist. to answer. attacking the judiciary and stalling the con- Your Administration has refused to accom- That is why they are trying to en- modate the Senate’s request for documents firmation of qualified nominees to the Fed- gage in this fishing expedition and de- eral bench that those efforts do not serve the in connection with the Estrada nomination. national interest or the American people I That refusal was a matter of inquiry at the manding unprecedented, unfettered ac- hope that we can once again remove these confirmation hearing held on this nomina- cess to the internal privileged memo- important matters from partisan and ideo- tion on September 26, 2002. Following the randa Mr. Estrada offered at the De- logical politics. hearing, Senator Schumer wrote to the At- partment of Justice. These memoranda torney General on January 23, 2003, to follow That is a statement of Senator PAT- are attorney work product done for our up on the request. RICK J. LEAHY printed in the CONGRES- country when he worked for the Solic- I note parenthetically that was after SIONAL RECORD of November 13, 1997 at itor General. Any lawyer would object S12569. President Bush won the election and to having to hand them over. He didn’t. There are other statements by my the control of the Judiciary Committee He was proud of his work. He didn’t colleagues, but I don’t want to bore the was on its way to the Republicans in care if the Government would give Senate with any more. Let me just say, the Senate. them over. But the Government has I hope we do not have a double stand- To continue with the letter: taken a principled position; that is, ard, but it sure looks as if we do. If In addition to requests for documents, Sen- these internal documents should not be Miguel Estrada’s nomination is truly ators frequently question judicial nominees turned over to the Senate Judiciary during their confirmation hearings to deter- Committee to be used to try to thwart filibustered—and I hope it is not, but mine philosophy, views and temperament. we are getting to the point where we the nomination of anybody, or to be For example, then-Senator John Ashcroft used, since they were internal con- know it will be and we know that it is asked nominees: ‘‘Which judge has served as because the time is passing—then I a model for the way you would conduct your- fidential documents. They were the think this body is going to be sorry be- self as a judge and why?’’ Mr. Estrada re- work products of attorneys within the cause in the past we have been able to fused to answer a similar question. Solicitor General’s Office. It is like stop filibusters. Both sides have la- During consideration of President Clin- asking a nominee to give up all of the ton’s judicial nominees, Republican Senators bored diligently to do so. confidential information his law firm asked repeated questions regarding nomi- had and that he worked on during the I have to tell you, if this is the way nees’ judicial philosophy, views on legal it is going to be in the future, nobody time at his law firm that is not in the matters, and approaches to interpreting the public record. Any lawyer would object is going to be able to stop them. It just Constitution. They insisted on and received means that really highly qualified can- answers. During his consideration before the to turning that over. didates who are controversial to one Senate Judiciary Committee, Mr. Estrada What are we going to do when we dis- side are going to be filibustered. It is failed to answer these kinds of questions. agree with somebody who worked for Senator HATCH? Are we going to ask that simple. I don’t want to see that These questions have not only been rou- for all of the internal documents the day come. tinely asked by the Senate, they have been I am disappointed and somewhat out- routinely answered by other nominees—in- man or woman did while he worked for cluding other nominees from your Adminis- me that were given for my purview as raged with the recent letter that was tration. sent to the President of the United their supervisor, and as their Senator, For the Senate to make an informed deci- so I could take those documents and States. This was sent by the distin- sion about Mr. Estrada’s nomination, it is determine what to do in the future? guished minority leader and the distin- essential that we receive the information re- Let us make it even more clear. guished Democrat leader on the Judici- quested and answers to these basic legal questions. Specifically we ask: Should Senator DASCHLE’s staff be ary Committee. The fact of the matter subject to this kind of thing? is, Miguel Estrada’s hearing was held 1. That you instruct the Department of Justice to accommodate the requests for Why would the Solicitor General’s in September of last year while the documents immediately so that the hearing Office be subject to having to turn over Senate was under Democratic control. process can be completed and the Senate can confidential documents that were The Democrats remained in control for have a more complete record on which to meant to help the Solicitor General the rest of the 107th Congress. If they consider this nomination; and make decisions on behalf of our coun- weren’t satisfied with Miguel Estrada’s 2. That Mr. Estrada answer the questions try? Can you imagine how that would answers at the hearing, they could that he refused to answer during his Judici- ary Committee hearing to allow for a cred- chill the work of the people in that of- have held another hearing. fice if attorneys there wanted to be- But this is what the letter said: ible review of his judicial philosophy and legal views. come judges someday? You don’t think DEAR MR. PRESIDENT: We are writing in We would appreciate your personal atten- that would cause them to be putting reference to your nomination of Miguel tion to this matter. their fingers up into the wind and ask- Estrada to the Estrada to the U.S. Court of Sincerely, ing, How will this be interpreted some- Appeals for the District of Columbia Circuit. TOM DASCHLE. day if I ever come up for a judicial Pursuant to the Constitution, the Senate is PATRICK LEAHY. to act as a co-equal participant in the con- nomination? Hopefully they wouldn’t, firmation of judges to the federal bench. Un- Madam President, as I said before, if but, of course, they would. Let us be like nominations made by a President for they weren’t satisfied with Miguel honest about it. Executive Branch appointments, judicial Estrada’s answers at his hearing which But here, unlike Senator DASCHLE’s nominees are reviewed by the Senate for ap- they conducted and which they con- representations—he certainly is a pointment to lifetime positions in the Judi- trolled, then they could have held an- friend of mine. He signed this letter. It cial Branch. other hearing. Nothing would have is the Department of Justice, not Mr. The Senate has often requested and re- stopped them. They had the power to Estrada, that holds the memos. The ceived supplemental documents when it is do so. They did not. They could have considering controversial nominations or Department has set forth the reasons when evaluating a candidate with a limited asked him followup questions in writ- why it is so inappropriate to release public record. The Chairman of the Senate ing. Only two of the Democrats did. these memos. It is crystal clear to Judiciary Committee wrote to your Adminis- The fact of the matter is Estrada did me—to all seven remaining former So- tration on May 15, 2002 to request such sup- answer the questions he was asked by licitors General of the United States,

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2155 and to the Washington Post. It is clear others would have us believe, and as I ited number of documents related to to them, and to the Wall Street Jour- have mentioned before, during the last specific topics of interest to the com- nal. It is to just about everyone, it ap- Congress the Senate confirmed Jona- mittee. The Department of Justice did pears, except to my Democratic col- than Adelstein, a former aide to Sen- not agree to the fishing expedition that leagues. Why would they want these ator TOM DASCHLE to a position on the was demanded, and they certainly did memoranda? To see if they could find FCC. The Republicans did not demand not agree to the type of fishing expedi- some reason to again attack Mr. all of Mr. Adelstein’s memoranda to tion that my Democratic colleagues Estrada? Is this Hispanic gentleman so Senator DASCHLE on telecommuni- now seek to impose upon Mr. Estrada unqualified they have to go on fishing cations issues before confirming him, in the Justice Department. expeditions to try to find things to give despite the fact they would have been As the Department of Justice ob- him a difficult time with? useful in determining how Mr. served: The fact of the matter is he is as Adelstein would have approached his The vast majority of memoranda authored qualified as anybody we have had be- decisions as a commissioner. This is or received by Judge Bork when he served as fore the committee, and the American because of the obvious reason that to Solicitor General were neither sought nor do so would have intruded into the de- produced. And the limited category of docu- Bar Association said so. I know the Su- ments that were produced to the Committee preme Court Justices feel so. I know a liberative relationship between Mr. did not reveal the internal deliberative rec- lot of leading Democratic lawyers in Adelstein and Senator DASCHLE. No- ommendations or analysis of assistance to this town are saying this is the man body here ever wanted to do that, even the Solicitor General regarding appeal, cer- who deserves confirmation. Why is he if we didn’t like the appointment of tiorari, or amicus recommendations in pend- being treated differently? Mr. Adelstein. And some on our side ing cases. One of my colleagues the other day definitely did not like that appoint- Exactly what they have been asking was complaining he thinks some of us ment. I was not one of them, but there for here is something that has not been over here are calling our Democratic was a considerable number who did not done. Yet I know it has been rep- colleagues racists because they are agree with this appointment for the resented to some of my Democratic against Miguel Estrada. No. Nobody same reason, and for other equally colleagues that the Department of Jus- over here has made that comment. No- sound reasons that I will detail. tice did give these kinds of documents. body over here has even implied that. No Member of this body should advo- Well, they did not. And I hope my col- But what I have said is it isn’t because cate holding Mr. Estrada’s nomination leagues are watching this so they can he is Hispanic they are against him—it hostage to demands for access to inter- get the truth. is because he is a Hispanic Republican nal, confidential documents he au- This is hardly the unfettered, unprec- who they think is conservative and thored at the Solicitor General’s Of- edented access to privileged work prod- who is going on a court they think is fice. uct that my Democratic colleagues equally divided—where over 90 percent My Democratic colleagues have now seek. And why do they seek it for of the cases are unanimous decisions, claimed that the Department of Jus- this fellow who has every qualification anyway, in that court. tice has a history of disclosing pre- to be on the Circuit Court of Appeals It is the worst excuse for voting viously confidential, internal docu- for the District of Columbia, and more, against him I have ever heard. But it is ments in connection with confirmation who they have not laid a glove on, who because he is a Hispanic Republican proceedings. This is simply not accu- they cannot name one thing that would conservative. That is the reason they rate. refute his nomination other than these In a letter dated October 8, the De- are against him. They are so afraid he specious arguments that he has not an- partment of Justice points out that might not please them when he gets on swered the questions? Sure, he has an- since the beginning of the Carter ad- swered the questions. They just don’t the Circuit Court of Appeals for the ministration there have been 67 former like the answers. District of Columbia. Department of Justice employees con- My Democratic colleagues also claim I suggest to them he is a great law- firmed as Federal circuit judges—38 of that policy considerations weigh heav- yer. He understands precedent. He un- whom, like Mr. Estrada, had no prior ily on the side of disclosure. Curiously, derstands the rule of precedent. He un- judicial experience. Eight of these however, they fail to mention the let- derstands the rule of what we call stare nominees, again like Mr. Estrada, had ter that the committee received from decisis in the law, and he more than worked in the Solicitor General’s Of- all seven living former Solicitors Gen- told every one of them who questioned fice. eral of the United States, four of whom him over and over that he would apply The Department of Justice could find are leading Democrat lawyers, leading the law as it is, regardless of his per- no record of having produced internal, Democrat former Solicitors General. sonal beliefs. deliberative materials created by the I know some of my colleagues on the What more can anybody say? They nominee while a DOJ lawyer in any of other side have not heard that yet be- are accusing him of not being respon- these cases. cause I asked some of them what is sive? I am accusing them of not being Madam President, one of my Demo- going to happen here and they indi- fair to a Hispanic conservative Repub- cratic colleagues listed six nominees in cated they are probably going to fili- lican. I do not know what his point of connection with which he claimed that buster. And then one of them said: Why view is on Roe v. Wade. To this day, I the Department of Justice released don’t you give up those documents don’t know. I do know he at one time confidential, internal documents. In its from the Justice Department? I said: helped the National Organization for October 8 letter, the Department of Well, seven former Solicitors General, Women in a serious case, which I think Justice explained that of these nomi- four of whom are Democrats, said that if they were offering him as a nominee nees, the hearings of only one—only would be preposterous, that they they would argue means he is all right. one; Judge Bork—involved documents should not do that. Those are confiden- I do not know what his position is. But from their service in the Solicitor Gen- tial. That is the work product of attor- I will tell you this. He deserves to be eral’s Office. neys in the Solicitor General’s Office. confirmed as a jurist on the Circuit I think there have been those mis- You should have seen the surprised Court of Appeals for the District of Co- representations made to Senators in look on some of my colleagues’ faces? lumbia. their caucus, and they are absolutely ‘‘Really?’’ It seems to me, if you are Let me address in a little more detail false, because I chatted with some of going to argue against a person, you why this letter Senator DASCHLE and my Democratic friends on my way over ought to at least tell the truth and the Senator LEAHY sent to President Bush to the medical liability hearing I con- facts on the other side. is so outrageous in its continuous de- ducted this afternoon, and they were Why is it they are picking on this mand for privileged documents. citing these same specious arguments young, terrific Hispanic candidate for At the outset, I must note the nature that they had been told. Look, if we this job, who has the highest rating of this request for unfettered access to are going to tell our colleagues things, from the American Bar Association, a the universe of Mr. Estrada’s work they ought to be accurate. unanimously well-qualified rating? product is truly extraordinary. Con- In that one case—Judge Bork’s—the The letter, dated June 24, 2002, was trary to what Senator DASCHLE and Department of Justice produced a lim- signed by Democrat Seth Waxman—we

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2156 CONGRESSIONAL RECORD — SENATE February 11, 2003 all respect Seth; he is a great lawyer— editorial, which appeared on June 11, on the Circuit Court of Appeals for the Walter Dellinger—one of the great they called the request ‘‘outrageous’’ District of Columbia but the first His- teachers in this country; taught at and noted that the true goal was ‘‘to panic to serve on the U.S. Supreme Duke; a fine man; I have grown to delay, [to] try . . . to put off the day Court. think a great deal of him as I have lis- when Mr. Estrada takes a seat on the I am not saying the court is going to tened to him on a variety of matters, D.C. Circuit Court of Appeals, from pick Miguel Estrada, but he would be where in the early days I was not sure which President Bush could promote on the short list; He is that good. How I did—Drew Days, who is a wonderful him to become the first Hispanic- many Senators have argued 15 cases be- African-American former Solicitor American on the U.S. Supreme Court.’’ fore the Supreme Court, winning 10 of General, and a very adamant Demo- The Wall Street Journal got it pretty them? How many Senators graduated crat; all of them are—and Archibald right. What is really behind all this is magna cum laude from Columbia or Cox. You have to go pretty far to find to damage this person as much as they from Harvard, which he did? How many somebody more prestigious than Archi- can so this Hispanic gentleman, with Senators held the prestigious position bald Cox. All Democrats: Waxman, all of these qualifications, can never of editor of the Harvard Law Review? I Dellinger, Days, and Cox. And it was receive a nomination to the U.S. Su- don’t know of any. signed, as well, by Republicans Ken preme Court, can never be considered. All I can say is, how many Senators Starr, Charles Fried, and Robert Bork. Well, I am doing my best to make could have served not only a circuit The letter notes that when each of sure that does not happen, that he will court of appeals judge but also as a the Solicitors General made important have a chance, just as any other great clerk to a Justice of the U.S. Supreme decisions regarding whether to seek lawyer in this country, to someday be Court, Justice Anthony Kennedy? I Supreme Court review of adverse appel- nominated. And that is one reason why don’t think any of them. Maybe some, late decisions and whether to partici- I have spent so much time on the floor. but I don’t know of them. pate as amicus curiae in other high- Let me conclude. The bottom line is We have reached the point where it is profile cases, they ‘‘relied on frank, that my Democratic friends are seek- just terrible. We have waited long honest and thorough advice from ing internal, confidential material that enough. We have been going on this de- [their] staff attorneys like Mr. Estrada. any reasonable person, thinking about bate now for a week. That is longer . . .’’ it, would agree should not be delivered than most Supreme Court nomina- The letter explains that the open ex- by the Justice Department to the Sen- tions. This man certainly deserves to change of ideas, which must occur in ate for partisan purposes—for any pur- have an up-or-down vote and not a vote such a context, ‘‘simply cannot take poses. on cloture. place if attorneys have reason to fear Those seven former Solicitors Gen- I have been asked by the leader to that their private recommendations eral had no axes to grind. They under- make the following unanimous consent are not private at all, but vulnerable to stand how important those documents request: I ask unanimous consent that public disclosure.’’ are, and how important they are to be there be an additional 6 hours for de- The letter concludes that: held confidential. Yet my colleagues on bate on the Estrada nomination; pro- vided further that the time be equally [A]ny attempt to intrude into the Office’s the other side keep acting as if that is highly privileged deliberations would come a right they should have no matter divided between the chairman and at a cost of the Solicitor General’s ability to what. ranking member or their designees, defend vigorously the United States’ litiga- Their attempts have been criticized and that following the conclusion of tion interests—a cost that also would be by all seven living former Solicitors that time, the Senate proceed to a vote borne by Congress itself. General and by at least two major on the confirmation of the nomination This is a bipartisan group of seven newspapers of which I am aware. But with no intervening action or debate. former Solicitors General—all the liv- more fundamental is the fact that Mr. The PRESIDING OFFICER (Mr. ing ones. Estrada does not object to turning over ALEXANDER). Is there objection? The former Solicitors General are these memoranda. He has nothing to Mr. DODD. I object. not the only ones who are disturbed by hide. It is the Department of Justice The PRESIDING OFFICER. Objec- my Democratic colleagues’ efforts to that has an institutional interest and a tion is heard. obtain privileged Justice Department rightful institutional interest in refus- Mr. HATCH. I would modify my memoranda. The editorial boards of ing to comply with my Democratic col- unanimous consent request to 8 addi- two prominent newspapers have also leagues’ request. I, for one, understand tional hours in addition to the 6 I have criticized the attempt to obtain these and agree with the Department’s posi- asked for. The PRESIDING OFFICER. Is there records. I am sure there are others as tion but the Department’s recal- citrance in this dispute should neither objection? well. Mr. DODD. I object. be imputed to nor held against Mr. On May 28 of last year, the Wash- The PRESIDING OFFICER. Objec- Estrada. ington Post—as I say, hardly a bastion tion is heard. What bothers me is that we have had of conservative thought—editorialized Mr. HATCH. Let me modify it to 10 colleague after colleague from the that the request ‘‘for an attorney’s additional hours. work product would be unthinkable if other side come to the floor knowing The PRESIDING OFFICER. Is there the work had been done for a private that these seven Solicitors General objection? client. The legal advice by a line attor- have given this opinion—knowing it— Mr. DODD. I object. ney for the federal government is not and have not informed their colleagues, The PRESIDING OFFICER. Objec- fair game either.’’ some of whom are very mixed up about tion is heard. According to the Washington Post: this. Why? Why wouldn’t they tell Mr. HATCH. Let me go further, let Particularly in elite government offices them the truth? I guess to embarrass me modify it to 20 additional hours, such as that of the solicitor general, lawyers Mr. Estrada. which would probably be close to 3 need to speak freely without worrying that This is a fishing expedition par excel- more days. the positions they are advocating today will lence. It is wrong. They just don’t want The PRESIDING OFFICER. Is there be used against them if they ever get nomi- a conservative Hispanic Republican on objection? nated to some other position. this court at this time, especially one Mr. DODD. Madam President, reserv- Gee, that is a pretty good reason who has all the credentials that Miguel ing the right to object, the good Sen- from the Washington Post. I have to Estrada has because he would have to ator, my friend from Utah, can add as tell you, that is a wise editorial, and it be on anybody’s short list for the Su- many hours as he would like, but the is true. And it goes along with the preme Court of the United States of Senate wants to be heard on this mat- seven former Solicitors General, four America. The longer they can delay ter. There will be objections noted on of whom are Democrats. him from taking his seat, the more dif- every request for additional time. The Wall Street Journal also criti- ficult it will be for him to have any Mr. HATCH. Is the Senator telling cized my Democratic colleagues’ re- chance of being on the Supreme Court me no matter what I offer that Senate quest in two editorials. In its second and become the first Hispanic not only Democrats are going to object?

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2157 Mr. DODD. To try to limit debate on I notice my colleague has been pa- 2. I will quote it. Article II, section 2, this matter, I tell my good friend from tiently waiting for a long time. I apolo- in part, reads, in the second paragraph: Utah, that any effort to limit debate gize to him, but I had to make these He [the President] shall have, Power by will be objected to. comments. and with the Advice and Consent of the Sen- Mr. HATCH. Even if I go up to 40 or I yield the floor. ate, to make Treaties, provided two-thirds of 50 hours? The PRESIDING OFFICER. The Sen- the Senators present concur; and he shall Mr. DODD. This is not about the ator from Connecticut. nominate, and by and with the Advice and amount of time. The Senate wishes to Consent of the Senate, shall appoint Ambas- Mr. DODD. Madam President, I am sadors, other public Ministers and Consuls, be heard on this matter. I object. not a member of the Judiciary Com- judges of the Supreme Court, and all other The PRESIDING OFFICER. Objec- mittee. I was in the other body some Officers of the United States. . . . tion is heard. years ago when I served there. But like By and with the advice and consent Mr. HATCH. I don’t blame the distin- many of my colleagues here who have guished Senator from Connecticut for of the United States Senate. served in this institution for some time Those two provisions are critically having to make these objections. and have been involved in any number Mr. DODD. I don’t blame the good important to keep in mind as you lis- of judicial nominations, going back Senator from Utah for making the re- ten to this debate and discussion about now over the past two decades, this is quests. this particular nomination. The debate Mr. HATCH. I am going to keep mak- a unique moment. and discussion, I suggest, goes far be- ing them because it is apparent now My friend and colleague from Utah yond the individual attributes, quali- that we are in the middle of a fili- has called this a moment of historic fications of Miguel Estrada. buster. I just want to warn the Senate, significance. I agree with him about For those reasons, I totally agree that is not a good thing. It is not fair that. This is an important moment his- with my colleague from Utah that this to the President. It is not fair to torically. It is an important moment is a historic moment in terms of how Miguel Estrada. It is not fair to the for this institution. we consider this process, which has process. It is not fair to the judiciary. I enjoy carrying every day with me survived for more than 200 years. It has It is not fair to Senators who have been in my pocket a copy of the Declaration never been changed. Over the history of fair to Democrat nominees who were of Independence and the Constitution this institution, Senates have taken heavily contested where there were no given to me some years ago by my the role of advice and consent to vary- cloture votes or no, should I say, real seatmate, Senator ROBERT C. BYRD of ing degrees with more or less serious- filibuster. It is just plain not fair. West Virginia, a rather tattered look- ness. There have been times when there What is so wrong with giving this ing copy now. I carry it with me and was hardly any advice and consent, and Hispanic man, who may be conserv- refer to it quite frequently as a re- matters went through here rather rou- ative and who is Republican, an oppor- minder to myself of what a wonderful tinely. I think most historians look tunity to serve, to break through that privilege it is to serve in this institu- back on those periods and would define intellectual glass ceiling that suddenly tion and the sacred obligation we bear, those moments as being less than stel- seems to have been erected and give each and every one of us, when we are lar periods of this institution’s history. him an opportunity to serve since he sworn in as Members of this body to When this institution, a coequal has such great ability to be able to do uphold and defend this Constitution. branch of Government with the article so and has proven it? There are two important relevant I and article III branches of govern- I repeat again, he has the highest points during the next few moments as ment, has taken its advise and consent recommendations of the American Bar I share my thoughts on the matter of role seriously—particularly with life- Association, the gold standard of my this nomination. The first begins with time appointments—then I think we colleagues on the other side. They are article III of the Constitution written have lived up to the Founding Fathers’ the ones who said that the ABA rec- more than 200 years ago by our Found- ambitions for this body. ommendations are the gold standard, ing Fathers. It says: I have voted for almost every Presi- and he holds a unanimously well-quali- The judicial Power of the United States, dential nominee to serve in a cabinet fied, highest rating of the American shall be vested in one supreme Court, and in or ambassadorial post. I received sig- Bar Association. How can we stand such inferior Courts as the Congress may nificant criticism when I voted for here and filibuster somebody like that? from time to time ordain and establish. John Tower more than a decade ago All I can say is that I hope everybody The judges, both of the supreme and infe- during the administration of the first in America is watching us because it is rior Courts, shall hold their offices during President Bush. I voted for John just plain not fair nor is it right. If we good Behaviour . . . [in a sense for life]. Ashcroft to be Attorney General of the are going to do this, it is a road I sure- It is a unique office in the judicial United States and received substantial ly don’t want to see the Senate go branch in this country. Unlike article criticism, and still do, to this day from down. I am hoping that my good friend II on the Presidency, in article III, ju- people in my own party. I did so not be- from Connecticut will talk to his dicial nominations serve, during good cause I agreed with John Ashcroft or friends on the other side and my behavior, for the rest of their lives. with John Tower, but I happen to be- friends on the other side and get some This nominee is in his early forties, I lieve that, when it comes to cabinet of- reason. am told. God willing, Miguel Estrada ficers or ambassadors for periods of We are now at a new point in history may have as many as 40 or 50 years to limited duration, Presidents ought to for this body. In the confirmation of ju- serve on the judicial branch of this be able to have their counsel and offi- dicial nominees, this will be the first country, either at the circuit court cial team to advance the ideas and val- time in the history of this country and level, or possibly the Supreme Court ues they articulated during their cam- of this body that a filibuster will be level, having listened to my friend paigns and which the American public conducted against a circuit court of ap- from Utah about the possibility of supported through the election process. peals nominee, a true filibuster. I am being on a short list. That is not to say I would vote for going to keep the door open for my col- So in assessing this nomination and every single nominee of whatever kind, leagues to see the error of their ways, the process, it is critically important because I take the advice and consent and hopefully we can resolve this mat- that my colleagues and others be mind- role seriously. ter before the end of this week or in ful of this article III, section 1 provi- I have always felt when it comes to any reasonable time. I offered up to 50 sion, that judges are nominated by the judicial nominations, because of that hours that were objected to. I am sure- President and serve, if confirmed, for article III, section 1 language that ly hoping that my colleagues who life. These are unique positions in the gives them the right to serve for life, think a little more clearly on the other entire constellation of offices that far beyond the tenure of the President side will influence all of our other col- could be held in the Federal Govern- who appoints them or the Congress leagues who are seemingly so caught ment—for life, during good behavior. that confirms them, far beyond any up in an ideological warfare and give The second provision that is impor- tenure of anyone who serves in any of- this vote to Miguel Estrada who de- tant to take note of as you engage in fice in the Federal Government, there serves it. this discussion is in article II, section is a heightened degree of responsibility

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2158 CONGRESSIONAL RECORD — SENATE February 11, 2003 to fulfill the article II, section 2 provi- should not walk away from our respon- tually no information about his judi- sions of the Constitution to provide our sibility simply because Mr. Estrada is cial philosophy or judicial competency. advice and consent. Hispanic and, apparently, of good back- We have been offered some evidence So it is with that background I come ground. I am not arguing about all of that Mr. Estrada is a good lawyer, but to this nomination, not because I want the good things I’ve heard about Mr. good lawyers do not necessarily make to necessarily become embroiled in the Estrada. What concerns me is the good judges and, in my view, Mr. conditions or qualifications of Miguel President and the nominees, or the ap- Estrada, like all judicial nominees, has Estrada, but because I am deeply con- pointees at the Justice Department, an obligation to show the Senate he cerned we are getting away from ful- have had an opportunity to inquire of can be a good judge. He showed the filling the Senate’s historic respon- Mr. Estrada about his views, and that President he can be a good judge, obvi- sibilities of fulfilling its article II, sec- this body—a coequal branch—the Con- ously. He showed the staff at the Jus- tion 2 functions and responsibilities. stitution requires we who exercise our tice Department he could be a good So I rise to express my opposition to advice and consent function are being judge. But he has not shown the Mem- this confirmation and to vote, when denied that same opportunity. So no bers of this body, nor has the American the matter occurs, against this nomi- one that I know of—maybe there are public had the opportunity, through us, nation, for one simple reason: The ad- some, but certainly not this Member— to draw that same conclusion. ministration and Mr. Estrada have is questioning the accomplishments of We are not hiring a lawyer, we are failed to provide this Member and this Mr. Estrada. What many in the Cham- confirming a judicial nomination. One institution and its Members with suffi- ber have questioned, however, is of the fundamental differences between cient evidence to demonstrate that Mr. whether Mr. Estrada is likely to be a lawyers and judges is that lawyers are Estrada would fairly and objectively fair and unbiased appeals court judge supposed to zealously represent the in- decide cases that will come before the for life. terests of their clients, but judges are Court of Appeals for the DC Circuit. This is an extremely important nom- supposed to be balanced, of even tem- I have no doubt in my mind, nor ination for the reasons I have just tried perament, fair, impartial. We want should anyone, that Mr. Estrada was to articulate. The Court of Appeals for lawyers to be passionate in advocating not chosen in some sort of a blind lot- the District of Columbia is an impor- the causes of their clients, defending tery. His name wasn’t just picked out tant court that has exclusive jurisdic- those who deserve to be defended and of the blue because we thought we tion to review many Federal adminis- prosecuting those who deserve to be would like to have a Hispanic on the trative law questions. In a sense, the prosecuted. We have an entirely dif- bench—he has a Hispanic heritage; Court of Appeals for the District of Co- ferent expectation of judges in terms of therefore, we will take Mr. Estrada. I lumbia is the Nation’s second highest demeanor and behavior. promise you there were people who court, because its decisions can pro- Again, the fact that Mr. Estrada is a questioned Mr. Estrada about his views foundly impact how the Federal Gov- very good lawyer, a passionate advo- before his nomination was made by the ernment conducts the people’s busi- cate on behalf of his clients, is cer- President of the United States. Let ness. The decisions made by the court tainly a good recommendation, but not there be no doubts or illusions about of appeals affect all of us across the necessarily a recommendation that he that. The question remains, then, if the country. This is not a debate, as I said bears the temperament to sit as a President is satisfied this nominee is a moment ago, about whether Mr. judge on the circuit court of appeals. qualified to sit on the District’s Circuit Estrada should be appointed to serve as That may be the case, but when we are Court of Appeals, why should those of a trial judge where he might gain some denied the opportunity to inquire of us who have to vote on this nomination judicial experience, although were he him about his judicial temperament, not also be entitled to the same oppor- to go through the process and refuse to about his philosophy, then, in my view, tunity to be full informed about his respond to the questions, I would have we really don’t know. And if we con- views? Not about particular cases that the same concerns, even for a district firm a nomination when we really may or could come before the court. I court nominee. I think the precedent is don’t know we are setting a precedent have always felt we have no business dangerous. When the President nomi- that I think is dangerous indeed. inquiring of a judicial nominee what nates someone to serve as an appellate Mr. Estrada, apparently on the ad- his or her views might be about a pend- court judge and we allow the non- vice of the administration, has chosen ing matter that might come before answers to stand, the matter is even not to respond to the Senate’s ques- them. But on general questions about that much more serious because it is tions, refusing to answer questions on their judicial philosophy, their de- an appellate court. what he thinks about legal issues. He meanor, how a nominee would conduct Rather, this is a debate about wheth- was asked by Senator SCHUMER, I am him or herself as a judge, those are en- er Mr. Estrada, who has never served as told, in the committee to name one Su- tirely legitimate issues. In fact, we a judge anywhere before, should be ap- preme Court decision over the last 40 bear a responsibility to see that those pointed as a judge who will judge or 50 years with which he disagreed. I questions are raised—certainly, just as judges and issue final decisions on a do not know of a person in this Cham- the President or his appointees have wide-ranging set of legal questions that ber who could not answer that question questioned Mr. Estrada on those mat- will have national impact. in about 2 minutes, particularly those ters. Before they sent his name up My colleague from New York, Sen- who are members of the bar, attorneys here, I promise you they did that. Cer- ator SCHUMER, as well as others who by profession. Certainly, we all know of tainly those of us who have the respon- are members of the Judiciary Com- cases, maybe even cases we learned sibility under the Constitution to pro- mittee, has pointed out Mr. Estrada is when we were in law school that we vide our advice and consent, and ulti- a young man, as I mentioned earlier. thought were wrong. mately our votes, should be entitled to He is in his early forties. If confirmed, If Mr. Estrada, this terrific lawyer, a the same opportunity. We have been he may spend the next half century graduate of Harvard Law School, Phi denied that opportunity. But whatever making decisions that will affect our Beta Kappa, cannot name one Supreme reasons and motivations there may be children, our grandchildren, and gen- Court case with which he disagrees, this is a process issue that should not erations to come. This is a lifetime ap- then we are getting a message: I am be tolerated. pointment. not going to answer your questions To suggest a nomination can be made Again, I emphasize that point under about these matters, period. I think it by the President and sent to this body, article III, section 1. There is no going is dangerous to allow nominees to and that this body should confirm such back if we find out Mr. Estrada is not refuse to respond. a nominee without having a meaning- a good judge. This vote is final, and if My colleague from Utah, the chair- ful opportunity to solicit information we confirm Mr. Estrada, we are all man of the committee, Senator HATCH, from the nominee is a precedent I don’t going to have to live with that decision once noted that when it comes to judi- think we ought to make. That is why I the rest of our lives. We are being cial nominations: agree with my colleague from Utah asked to confirm Mr. Estrada even The Senate has a duty not to be a that this is a historic moment. We though we have been provided with vir- rubberstamp.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2159 I could not agree more with my wide range of constitutional issues— troubling that he refuses to make friend and colleague from Utah on that the merits of Roe v. Wade, the con- those opinions known, not just to me point. This is not a trivial matter to be stitutionality of affirmative action or members of the committee but to taken lightly. I believe it would be ir- programs, the death penalty, employ- the American public who have sent us responsible to vote to confirm a judi- ment discrimination against homo- to the Senate to represent them. They cial nominee without knowing some- sexuals, the balance between environ- have a right to know how this indi- thing about his or her judicial tem- mental protection and property rights, vidual would at least view some of perament. the public’s right to know about health these basic fundamental constitutional Not every judicial nominee comes to and safety standards versus a litigant’s questions. the Senate with years of experience on right to privacy in product liability Instead of honestly and openly an- the bench, but when a nominee, such as cases. swering questions about his judicial Miguel Estrada, has no judicial experi- Is there any doubt that the President philosophy, Mr. Estrada decided to ence, we bear a responsibility to look or his appointees or staff at the Justice keep quiet, to take his chances, and for other evidence of his demeanor and Department have a good idea of how roll the dice on the floor of the Senate, his ability to put aside rancor in favor Mr. Estrada feels about those ques- hoping that the dice would be loaded in of balanced judicial reasoning. tions? Does anyone believe for a second his favor and that there would be no I would like to add that when nomi- they would send his nomination to the way to stop this nomination from nees with similar backgrounds as Mr. Senate without having some idea of going forward. Estrada have provided us with evi- where he stood on these questions? And Senator SCHUMER once again pointed dence, they have been confirmed by the do not I as a Member of this body, in a out that if we confirm Miguel Estrada, Senate regardless of their ideologies. It coequal branch of Government, have a we are ratifying a don’t-ask-don’t-tell was a few months ago the Senate Judi- right, before I cast my vote, to at least policy for judicial nominees. Trag- ciary Committee and the full Senate have the opportunity to raise these ically, I think that characterization is voted unanimously to confirm Pro- questions and get some answers to correct. fessor Michael McConnell as a judge on them? I think I do. Mr. Estrada sat before the Judiciary the Tenth Circuit Court of Appeals. De- If we set the precedent of saying you Committee and said nothing, believing spite his impressive credentials as a can be nominated by a President of any if he did not say a word, the majority lawyer and scholar, he had never been party, that your appointed staff at the of the Senate would rubberstamp his a judge before and, as we all know, a Justice Department can ask these nomination. And in turn, the adminis- number of groups were concerned that questions and know the answers, but tration has willingly participated in his clearly conservative ideologies Members of the Senate, Democrats or this conspiracy of silence to deny the would influence his decisions on the Republicans, have no right to solicit or Senate and the American people access bench. find out this information, that is dan- to information by refusing to release However, after Professor McConnell gerous. That is precedent setting. That copies of Mr. Estrada’s legal memo- openly and extensively discussed his is troubling, indeed. randa from his time in the Solicitor opinions on issues, such as federalism Regardless of who the nominee is, re- General’s Office. and Roe v. Wade, in his hearing before gardless of who the President is who I listened to my colleague from Utah the Judiciary Committee, then the full sends a nominee to this Chamber, if we go on at some length about this point. Senate, Democrats as well as Repub- set the precedent that people can go There is no legal requirement that licans, agreed that he would fulfill his through the confirmation process and memoranda from the Solicitor Gen- duties as a judge impartially regardless not share with us their general views— eral’s Office be withheld from the Sen- of his personal views. not their views on how they would rule ate. It is true that previous Solicitors That is a recent example of a nomi- on individual pending cases; I would General have said they would prefer nee unanimously confirmed by this strenuously object to questions like that these documents not be forwarded body. But Professor McConnell had the that—but to get some sense of the to the Senate for the reason that this courage of his convictions. He was not nominee’s demeanor, judicial philos- might make it difficult in future years ashamed to stand up and say what he ophy and ideas. Much to the great cred- to get the kind of candid assessments believed and why he believed it. As a it of Professor McConnell, with whom I by Justice Department lawyers. I am result of that kind of forthrightness, would disagree on many matters, I be- somewhat sympathetic to that argu- this body unanimously confirmed him lieve, I admire the fact he had the in- ment forwarded by my colleague from to be a circuit court judge. He had no testinal fortitude to stand up and say: Utah, but in the absence of any other judicial experience, but he was not This is what I believe. information it is more necessary to see ashamed of who he was or in what he As a result of that, the full support of documents. Certainly, if a person is believed. the Senate. But I am deeply troubled forthcoming in sharing their views and I do not know Mr. Estrada, and I pre- with the idea that a person can stone- thoughts, then the necessity to go and sume he is not ashamed of his views, wall, not answer these questions, and solicit documents from the Justice De- but the reluctance to share those views then be confirmed by this body. This partment where a nominee may have with the membership of the Senate, issue goes far beyond Miguel Estrada. worked before ought to be avoided, but with the members of the Judiciary Our failure to understand that, I think, the issue arises when a nominee refuses Committee, is troubling, to put it mild- is dangerous. to answer any questions. Where there ly. When a nominee will not answer When asked about each and every one are no other papers, no documents, questions, when they cannot name a of the issues I’ve discussed, Mr. very few written materials that the single Supreme Court case with which Estrada refused to articulate an opin- nominee has produced, the value of they disagree, then we begin to get ion to the members of the Judiciary these legal memoranda is heightened. concerned that this is a stonewalling Committee. It ought to be troubling to So that in the absence of being forth- operation. every one of us, regardless of our views, coming when the questions are asked, During a hearing before the Senate to set that precedent. It is troubling, where does one go? What do I rely on? Judiciary Committee, Mr. Estrada re- to say the least, that a prospective ap- Do I say to my constituents back home fused to answer a long list of questions pellate court judge and one who clear- that I am sorry he would not say any- about his positions on important legal ly, should a vacancy arise in the Su- thing and, by the way, there is no legal matters. Mr. Estrada refused to explain preme Court, according to my friend requirement but the Solicitor Gen- whether he is inclined to support the from Utah—and I believe he is cor- eral’s Office won’t share information interests of business, States rights, the rect—will be on the short list to be on either? rights of workers, consumers, or chil- the Supreme Court—that he would Now, based on some research that has dren. He refused to comment on wheth- have no opinions on any of these mat- been done, there is precedent for the er he would approve the administra- ters. Solicitor General sharing information, tion’s environmental rollbacks. He If Mr. Estrada does indeed have opin- that is really true, and I will leave it to even declined to give his opinion on a ions on these issues, it is even more my friend and former chairman of the

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2160 CONGRESSIONAL RECORD — SENATE February 11, 2003 Judiciary Committee, the Senator committee that were provided by the whole or in part to the Office of Watergate from Vermont, Mr. LEAHY, to comment Solicitor General’s Office, and the as- Special Prosecution Force or its specifically on that. sistant attorney general is asking for predecessors- or successors-in-interest; b. The dismissal of Archibald Cox as Spe- Going back a number of years ago, them back. What do you mean, they cial Prosecutor; the Judiciary Committee sought and had not been sent up? They were. c. The abolition of the Office of Watergate received a number of documents, I be- I do not want to dwell on this point, Special Prosecution Force on or about Octo- lieve during the Bork nomination and but when we get no information from ber 23, 1973; several others. I think Judge Trott was the nominee about where he stands on d. Any efforts to define, narrow, limit or another case. There were two or three important matters—by the way, here is otherwise curtail the jurisdiction of the Of- fice of Watergate Special Prosecution Force, others who had worked in the Solicitor a list of the documentation in that par- or the investigative or prosecutorial activi- General’s Office or other offices at the ticular case that goes on for four pages. ties thereof; Department of Justice, and they shared I ask unanimous consent that these e. The decision to reestablish the Office of with the Senate Judiciary Committee matters be printed in the RECORD. Watergate Special Prosecution Force in No- the work product of those employees. There being no objection, the mate- vember 1973; Those documents were used by the Ju- rial was ordered to be printed in the f. The designation of Mr. Leon Jaworski as Watergate Special Prosecutor; diciary Committee during the con- Record, as follows: g. The enforcement of the subpoena at firmation process. U.S. DEPARTMENT OF JUSTICE, OF- issue in Nixon v. Sirica; I do not disagree with the Senator FICE OF LEGISLATIVE AND INTER- h. Any communications on October 20, 1973 from Utah that there are some con- GOVERNMENTAL AFFAIRS, between Robert H. Bork and then-President cerns about going that route for the Washington, DC, September 2, 1987. Nixon, Alexander Haig, Leonard Garment, reasons I have stated, but there is Hon. JOSEPH R. BIDEN, Jr., Fred Buzhardt, Elliot Richardson, or William precedent where that information has Chairman, Senate Judiciary Committee, Ruckelshaus; U.S. Senate, Washington, DC. 1. Any communications between Robert H. been made available to the Senate Ju- DEAR MR. CHAIRMAN: Attached is one set of Bork and then-President Nixon, Alexander diciary Committee when considering copies of documents assembled by the De- Haig and/or any other federal official or em- nominations for the Federal judiciary. partment in response to your August 10, 1987 ployee on the subject of Mr. Bork and a posi- Mr. HATCH. Will the Senator yield request for documents relating to the nomi- tion or potential position as counsel to on that point? nation of Robert Bork to the supreme court President Nixon with respect to the so-called Mr. DODD. Let me finish my state- of the United States, and provided in re- Watergate matter; ment, and I will come back because I sponse to requests made to date by Com- m. Any action, involvement or participa- mittee staff. These documents are being pro- tion by Robert H. Bork with respect to any am going to put in the RECORD a large vided under the conditions stated in my Au- issue in the case of Nader versus Bork, 366 F. number of documents that make that gust 24, 1987 letter to you. Supp. 104 (D.D.C. 1975), or the appeal thereof; case. Sincerely, n. Any communication between Robert H. Mr. HATCH. I just ask the Senator to JOHN R. BOLTON, Bork and then-President Nixon or any other yield on that narrow point. Assistant Attorney General. federal official or employee, or between Mr. Mr. DODD. I would like to finish my Attachments. Bork and Professor Charles Black, con- statement rather than engage in a de- U.S. SENATE, cerning Executive Privilege, including but COMMITTEE ON THE JUDICIARY, not limited to Professor Black’s views on the bate on this particular point. President’s ‘‘right’’ to confidentiality as ex- Mr. HATCH. I do not want to debate. Washington, DC, August 10, 1987. Hon. EDWIN MEESE III, pressed by Professor Black in a letter or ar- I just want to make one point. Attorney General, Department of Justice, ticle which appeared in the New York Times Mr. DODD. I yield for one question. Washington, DC. in 1973 (see Mr. Bork’s testimony in the 1973 Mr. HATCH. Is the Senator aware DEAR GENERAL MEESE: As part of its prepa- Senate Judiciary Committee hearings on the that I just went through that the Jus- ration for the hearings on the nomination of Special Prosecutor); tice Department proved that these Judge Robert Bork to the Supreme Court, O. The stationing of FBI agents at the Of- types of documents have never been the Judiciary Committee needs to review fice of Watergate, Special Prosecution Force certain material in the possession of the Jus- on or about October 20, 1973, including but given to anybody? not limited to documents constituting, de- Mr. DODD. I was not going to dwell tice Department and the Executive Office of the President. scribing, referring or relating to any commu- on the point. Attached you will find a list of the docu- nication between Robert H. Bork, Alexander Mr. HATCH. We go over and over it. ments that the Committee is requesting. Haig, or any official or employee of the Of- Mr. DODD. Then I will go over and Please provide the requested documents by fice of the President or the Office of the At- over it. In the past documents were August 24, 1987. If you have any questions torney General, on the one hand, and any of- submitted to the Senate Judiciary about this request, please contact the Com- ficial or employee of the FBI, on the other; Committee. mittee staff director, Diana Huffman, at 224– and p. The establishment of the Office of Wa- Mr. HATCH. No, they weren’t. 0747. Thank you for your cooperation. tergate Special Prosecution Force, including Mr. DODD. There are four pages of but not limited to all documents consti- list here that go on. They sent us a Sincerely, JOSEPH R. BIDEN, Jr., tuting, describing, referring or relating in long list. Chairman. whole or in part to any assurances, represen- Mr. HATCH. Is the Senator aware of tations, commitments or communications by REQUEST FOR DOCUMENTS REGARDING THE any member of the Executive Branch or any the list from the Justice Department? NOMINATION OF ROBERT H. BORK TO BE AS- agency thereof to any member of Congress Mr. DODD. In fact, I have a letter SOCIATE JUSTICE OF THE UNITED STATES SU- regarding the independence or operation of from the Justice Department dated PREME COURT May 10, 1988, signed by Thomas M. the Office of Watergate Special Prosecution Please provide to the Committee in accord- Force, or the circumstances under which the Boyd, Acting Assistant Attorney Gen- ance with the attached guidelines the fol- Special Prosecutor could be discharged. eral, in which he says to Chairman lowing documents in the possession, custody 3. The following documents together with Biden: or control of the United States Department any other documents referring or relating to As assistant attorney general John Bolton of Justice, the Executive Office of the Presi- them: noted in an August 24, 1987, letter to you, dent, or any agency, component or document a. The memorandum to the Attorney Gen- many of the documents provided to the com- depository of either (including but not lim- eral from then-Solicitor General Boark, mittee reflect or disclose purely internal de- ited to the Federal Bureau of Investigation): dated August 21, 1973, and its attached ‘‘re- 1. All documents generated during the pe- liberations within the Executive Branch, the draft of the memorandum intended as a basis riod from 1972 through 1974 and constituting, work product of attorneys in connection for discussion with Archie Cox’’ concerning describing, referring or relating in whole or with government litigation or confidential ‘‘The Special Prosecutor’s authority’’ (type- in part to Robert H. Bork and the so-called legal advice received from or provided to cli- set copies of which are printed at pages 287– Watergate affair. ent agencies within the Executive Branch. 288 of the Senate Judiciary Committee’s 1973 2. Without limiting the foregoing, all docu- We provided these privileged documents to ‘‘Special Prosecutor’’ hearings); ments generated during the period from 1972 the committee in order to respond fully to b. The letter addressed to Acting Attorney through 1974 and constituting, describing, re- the Committee’s request and to expedite the General Bork from then-President Nixon, ferring or relating in whole or in part to any confirmation process. dated October 20, 1973., directing him to dis- of the following: charge Archibald Cox; Would you send them back, in es- a. Any communications between Robert H. c. The letter addressed to Archibald Cox sence. These were documents in the Bork and any person or entity relating in from then-Acting Attorney General Bork,

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2161 dated October 20, 1973, discharging Mr. Cox 9. All documents constituting, describing, Department all copies of documents pro- for his position as Special Prosecutor; referring or relating in whole or in part to duced by the Department in response to d. Order No. 546–73, dated October 23, 1973, Robert H. Bork and any study or consider- Committee requests for records relating to signed by then-Acting Attorney General ation during the period 1969–1977 by the Ex- the nomination of Robert Bork to the Su- Bork, entitled ‘‘Abolishment of Office of Wa- ecutive Branch of the United States Govern- preme Court. As Assistant Attorney General tergate Special Prosecutor Force’’; ment or any agency or component thereof of John Bolton noted in an August 24, 1987, let- e. Order No. 547–73, dated October 23, 1973, school desegregation remedies. (In addition ter to you, many of the documents provided signed by then-Acting Attorney General to responsive documents from the entities the Committee, ‘‘reflect or disclose purely Bork, entitled ‘‘Additional Assignments of identified in the beginning of this request, internal deliberations within the Executive Functions and Designation of Officials to please provide any responsive documents in Branch, the work product of attorneys in Perform the Duties of Certain Offices in Case the possession, custody or control of the U.S. connection with government litigation or of Vacancy, or Absence therein or in Case of Department of Education or its predecessor confidential legal advice received from or Inability or Disqualification to Act’’; agency, or any agency, component or docu- provided to client agencies within the Execu- f. Order No. 551–73, dated November 2, 1973, ment depository thereof.) tive Branch.’’ We provided these privileged signed by then-Acting Attorney General 10. All documents constituting, describing, documents to the Committee in order to re- Bork, entitled ‘‘Establishing the Office of referring or relating in whole or in part to spond fully to the Committee’s request and Watergate Special Prosecution Force’’; the participation of Solicitor General Robert to expedite the confirmation process. g. The Appendix to Item 2.f., entitle ‘‘Du- H. Bork in the formulation of the position of Although the Committee’s need for these ties and Responsibilities of Special Pros- the United States with respect to the fol- documents has ceased, their privileged na- ecutor’’; lowing cases: ture remains. As we emphasized in our Au- h. Order No. 552–73, dated November 5, 1973, a. Evans v. Wilmington School Board, 423 gust 24, 1987, letter, production of these doc- signed by then-Acting Attorney General U.S. 963 (1975), and 429 U.S. 973 (1976); uments to the Committee did not constitute Bork, designating ‘‘Special Prosecutor Leon b. McDonough v. Morgan, 426 U.S. 935 (1976); a general waiver of claims of privilege. We Jaworski the Director of the Office of Water- c. Hills v. Gautreaux, 425 U.S. 284 (1976); therefore request that the Committee return d. Pasadena City Board of Education v. gate Special Prosecution Force’’; all copies of all documents provided by the Spangler, 427 U.S. 424 (1976); i. Order No. 554–73, dated November 19, 1973, e. Roemer v. Maryland Board of Public Edu- Department to the Committee, except docu- signed by then-Acting Attorney General cation, 426 U.S. 736 (1976); ments that are clearly a matter of public Bork, entitled ‘‘Amending the Regulations f. Hill v. Stone, 421 U.S. 289 (1975); and record (e.g., briefs and judicial opinions) or Establishing the Office of Watergate Special g. DeFunis v. Odegaard, 416 U.S. 312 (1975). that were specifically made a part of the Prosecution Force’’; and GUIDELINES record of the hearings. j. The letter to Leon Jaworski, Special Please contact me if you have any ques- Prosecutor, from then-Acting Attorney Gen- 1. This request is continuing in character tions. Thank you for your cooperation. eral Bork, dated November 21, 1973, con- and if additional responsive documents come Sincerely, to your attention following the date of pro- cerning Item 2.i. THOMAS M. BOYD, 4. All documents constituting, describing, duction, please provide such documents to Acting Assistant Attorney General. referring or relating in whole or in part to the Committee promptly. 2. As used herein, ‘‘document’’ means the Mr. DODD. So there is precedent for any meetings, discussions and telephone con- original (or an additional copy when an this. I do not want to dwell on that versations between Robert H. Bork and then- original is not available) and each distribu- President Nixon, Alexander Haig or any point because we ought to avoid that tion copy of writings or other graphic mate- other federal official or employee on the sub- at least when we get nominees who are rial, whether inscribed by hand or by me- ject of Mr. Bork’s being considered or nomi- more forthcoming when questions are chanical, electronic, photographic or other nated for appointment to the Supreme asked. means, including without limitation cor- Court. I will wrap this up because I see my 5. All documents generated from 1973 respondence, memoranda, publications, arti- cles, transcripts, diaries, telephone logs, colleague from New Jersey is in the through 1977 and constituting, describing, re- Chamber and wants to speak on this ferring or relating in whole or in part to message sheets, records, voice recordings, tapes, film, dictabelts and other data com- matter. The Senator from Vermont, Robert H. Bork and the constitutionality, who knows far more about this than appropriateness or use by the President of pilations from which information can be ob- the United States of the ‘‘Pocket Veto’’ tained. This request seeks production of all this Senator does, is also present. power set forth in Art. I, section 7, paragraph documents described, including all drafts Since the matter was raised by my 2 of the United States Constitution, includ- and distribution copies, and contemplates friend and colleague from Utah earlier ing but not limited to all documents consti- production of responsive documents in their in his remarks, I thought it was appro- tuting, describing, referring or relating in entirety, without abbreviation or expur- priate to address and respond to the whole or in part to any of the following: gation. 3. In the event that any requested docu- issue of whether or not documents a. The decision not to petition for certio- ment has been destroyed or discarded or oth- from the Solicitor General’s Office had, rari from the decision of the United States erwise disposed of, please identify the docu- in fact, been provided to the Judiciary Court of Appeals for the District of Columbia ment as completely as possible, including Circuit in Kennedy v. Sampson, 511 F.2d 430 Committee in the past. Of course, there without limitation the date, author(s), ad- (1947); is ample evidence that they have been. b. The entry of the judgment in Kennedy v. dressee(s), recipient(s), title, and subject I do not blame Mr. Estrada for this, Jones, 412 F. Supp. 353 (D.D.C. 1976); and matter, and the reason for disposal of the by the way. These are not his docu- c. The policy regarding pocket vetoes pub- document and the identity of all persons who ments. These documents are the docu- licly adopted by President Gerald R. Ford in authorized disposal of the document. 4. If a claim is made that any requested ments of the Solicitor General’s Office, April 1976. document will not be produced by reason of and therefore the allegation that Mr. 6. All documents constituting, describing, Estrada is unwilling to provide these referring or relating in whole or in part to a privilege of any kind, describe each such Robert H. Bork and the incidents at issue in document by date, author(s), addressee(s), documents is not fair. It is the Depart- United States v. Gray, Felt & Miller, No. Cr. 78– recipient(s), title, and subject matter, and ment of Justice that has made that de- 00179 (D.D.C. 1978), including but not limited set forth the nature of the claimed privilege cision. I am disappointed that Mr. to all documents constituting, describing, with respect to each document. Estrada has not been willing to respond referring or relating in whole or in part to Mr. DODD. I ask unanimous consent to Senators’ questions about judicial any of the exhibits filed by counsel for Ed- that the letter to Senator BIDEN from philosophy and temperament but, rath- ward S. Miller in support of his contention Thomas Boyd dated May 10, 1988, re- er, refused to answer any questions. that Mr. Bork was aware in 1973 of the inci- questing these materials back from the That is a separate matter, but I dents at issue. Senate Judiciary Committee also be 7. All documents constituting, describing thought it was important for our col- printed in the RECORD at this point. or referring to any speeches, talks, or infor- leagues to make the distinction. mal or impromptu remarks given by Robert There being no objection, the mate- It is unfortunate this has come to be H. Bork on matters relating to constitu- rial was ordered to be printed in the seen as a partisan debate. This should tional law or public policy. RECORD, as follows: not be the case. This ought to be a 8. All documents constituting, describing, DEPARTMENT OF JUSTICE, matter of concern to every single Mem- referring or relating in whole or in part ei- OFFICE OF LEGISLATIVE AFFAIRS, ber. If this is the way we conduct these ther (i) to all criteria or standards used by Washington, DC, May 10, 1988. judicial nominations in the future and President Reagan in selecting nominees to Hon. JOSEPH R. BIDEN, JR., this becomes the precedent, then I the Supreme Court, or (ii) to the application Chairman, Senate Judiciary Committee, of those criteria to the nomination of Robert U.S. Senate, Washington, DC. think this institution suffers terribly H. Bork to be Associate Justice of the Su- DEAR CHAIRMAN BIDEN: This letter requests in terms of fulfilling its article II, sec- preme Court. that the Committee return to the Justice tion 2, requirements of the advice and

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2162 CONGRESSIONAL RECORD — SENATE February 11, 2003 consent when the President submits our committee system, that troubles Mr. SESSIONS. Probably 15 minutes. nominations. Of course, for lifetime ap- this Senator deeply. Whether this Senator DODD mentioned some docu- pointees, this matter becomes even nominee was made by a Democratic ments. Have those been offered for the that much more serious. President or a Republican President, I RECORD? I will not take more of the Senate’s would stand here and make the same Mr. DODD. Yes. time on my feelings on this. I do not case, that this institution and its Mem- Mr. SESSIONS. I would be pleased to speak on all of these matters. I pointed bers have an obligation in this historic take a look at those. out earlier that this Member has, in hour to say to the President, this is not The PRESIDING OFFICER. Without the overwhelming majority of cases, the way to do business around here. objection, it is so ordered. Mr. HATCH. Mr. President, I tell my voted to confirm nominees from all You cannot send up nominees in this dear colleague from Connecticut that I these administrations over the years manner and expect this body to rubber think he has been very badly misled by where the nominations have been for a stamp a nomination and to send the some of the people on his side. Mr. limited duration. I pointed out I voted nominee off for the many years he may Estrada waited over 500 days for a for John Tower and John Ashcroft. I serve, making decisions without any hearing conducted by Democrats. Sen- believe Presidents ought to have their knowledge of whether or not he will ator SCHUMER is no shrinking violet. teams. I recall very vividly, with great conduct his affairs as a judge in a way We all know that. He is another friend warmth, voting for the Presiding Offi- that will bring credit to himself and to of mine, and he is no shrinking violet. cer when he was considered as a nomi- the federal courts, let alone the insti- They asked questions for a lengthy, nee before this body. tution which is responsible for ulti- extraordinary period of time compared When someone gets elected Presi- mately voting to confirm this nominee. to other nominees. This is the hearing dent, they ought to have their team. I yield the floor. transcript. My gosh. He answered ques- The public ought to understand that The PRESIDING OFFICER. The Sen- tion after question after question. But when the President appoints someone ator from Utah. he just did not answer them the way he to a high office, a Cabinet office or an Mr. HATCH. I agree with my col- wanted them to answer. And he did not ambassador, that certainly requires league that what he was saying is true, make any mistakes, apparently, and he the advice and consent of the Senate. as I am sure he intended it to be. He is did not give them anything to hang But for a lifetime appointee, particu- a dear colleague and close friend. I him with. larly a young man of 40 years of age, agree he has an open mind with regard There is a double standard being who could be on that bench for 40 or 50 to nominees and has exhibited that played here. I remember the distin- years, far beyond the tenure of this through the years. He has been totally guished Senator from Connecticut say- President’s term of office, far beyond misled on these matters. ing he is sorry that Miguel Estrada has the tenure of probably every single That is something that is starting to to be used in this way as a bad exam- Member who would vote on his nomina- bother me. I have run into a number of ple. He is being used all right because tion, that rises to a different level, Democrat Senators who have spouted they cannot pin anything on him that with all due respect, to the other nomi- the same things that are just plain not they do not like other than they claim nees who come before this institution. right or factual—not everything he he did not answer the questions. The advice and consent function on a said. Well, they had the committee. They lifetime appointment requires a But he is correct, I did make a speech could have asked all the questions they heightened degree of responsibility, in at one time where I said we should not wanted to, and they did, and it went on my view, and when nominees will not rubber stamp these people, and I still for hours. I might add that he answered answer questions about judicial tem- believe that. However, this is not rub- them. He just did not answer them the perament and demeanor, it is deeply ber stamping. way they wanted him to answer. Talk troubling to me. Conservatives and lib- First, it was 516 days before Miguel about a double standard. erals ought to join together in saying: Estrada even got his hearing. For those Why is this Hispanic person going I am sorry, but, Mr. President, if you who think he did not answer any ques- through this? I will tell you why. Be- send us nominees and instruct them to tions, take a look at this hearing cause he is a Hispanic conservative Re- do this, then all of us will join together record. My gosh, I can hardly lift the publican who they are afraid will tip against that. Regardless of whether it doggone thing. He answered question the balance of power on the Circuit is a Democrat or Republican in the after question after question. He just Court of Appeals for the District of Co- White House, as Senators, as Members did not answer questions the way they lumbia and might even be considered of a coequal branch of Government, we wanted. I suspect, as is very evident for the Supreme Court of the United cannot fulfill our constitutional re- here today, and evident throughout States of America. They are going to sponsibility if that is the way in which this matter, they do not have anything do everything they can in their power the President conducts his business. on him. to delay his nomination. This goes beyond Miguel Estrada. I The distinguished Senator from It is pathetic. It is shameful. I am regret he has been caught in this. He Vermont wanted to speak and I am pre- sick and tired of it. I am tired of my has, for whatever reason, decided to be pared to turn the time over to him colleagues being misled by their own used in this way. That is terribly un- when he returns. I ask unanimous con- colleagues. We go over and over the fortunate for him but far more unfortu- sent that after my remarks the distin- facts in this matter. The requests they nate for this institution and the future guished Senator from New Jersey—how were making of the Justice Depart- of judicial nominations if, in fact, this much time does the Senator desire? ment were for confidential documents. becomes the platelet on how you get Mr. CORZINE. About 30 minutes. I will take a few minutes, because it confirmed for a lifetime appointment: Mr. ALLARD. I need about 15 min- is important, after this last speech. I Don’t answer any questions; don’t re- utes. know my colleague would not have said spond to issues about constitutionality Mr. HATCH. I ask unanimous consent some of the things he said if he had of various provisions. that the distinguished Senator from been given the true facts. I am not dis- I repeat: I have on numerous occa- New Jersey immediately follow me for agreeing with everything he said, but I sions voted for judicial nominees with 30 minutes, the distinguished Senator certainly disagree with an awful lot of whom I have disagreed. But because from Colorado follow the distinguished what he said. they have been forthcoming, they have Senator from New Jersey for 15 min- Fact versus fiction—I will cite what been honest about their views, because utes, and that the distinguished Sen- has really gone on here. Their base is they have convinced me they would be ator from Alabama be permitted then People for the American Way, a na- impartial and fair sitting on a bench, I to speak. tional abortion rights league, the Alli- have never used the litmus test wheth- Mr. REID. I have no objection, but ance for Justice—you can name 20 er I ideologically disagree with a judi- just so we have some idea, and I really other far left organizations that just cial nominee. But when you do not an- don’t care how long the Senator from plain do not want any of President swer my questions or the questions of Alabama speaks, but do you how long Bush’s circuit court of appeals nomi- my colleagues on whom I rely under you might speak tonight? nees being treated fairly. They do not

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2163 want them at all. They disagree with Fletcher, Margaret McKeown, Sidney Other judicial nominees of President Bush, them because they are left wing and Thomas, and Michael Hawkins all had including some with significant ‘‘paper these nominees are moderate to con- no judicial experience prior to taking trails, have discussed their jurisprudential views extensively in hearings before the Sen- servative. At least, we hope they are. the bench. Seven of these eight—all but ate Judiciary Committee. Just last year, Mi- Certainly, the President hopes they Fletcher, who was a law professor— chael McConnell— are. were in private practice when they You heard Senator DODD bring this And I might add, the President does were nominated by President Clinton up— not tell them what to say up here, and confirmed by the Senate. confirmed to the 10th Circuit, thoroughly which was implied in the last remark. Several Supreme Court Justices had discussed his views on such subjects as Roe I know how they vote these judges. no prior judicial experience before v. Wade and the Supreme Court’s recent They do not ask them questions like their first appointment to the bench. ‘‘federalism’’ decisions limiting the author- that. We know darned well the minute Louis Brandeis spent his entire career ity of Congress. they do our questionnaire would bring in private practice before he was Here is what People for the American it up. We make it very clear in the named to the Supreme Court in 1916. Way have to say: questionnaire that is not supposed to Byron White, a personal friend of mine, Mr. Estrada refused to reveal his jurispru- happen, but, naturally, they help these one of the great Justices, spent 14 dential views . . . in response to questions by people understand what is going on. years in private practice and 2 years in Senators. For example, despite repeated at- Let me use People for the American the Justice Department. He worked for tempts by Senator Schumer, he refused to Way, just for one of these left-wing the Justice Department. I guess that identify even a single Supreme Court deci- groups that is almost always wrong. sion over the past 40 years with which he dis- was an inhibiting factor before his ap- agrees. Here is an argument against Miguel pointment to the Court by President At least they got that right—the 40 Estrada. This is in the Senate Demo- Kennedy in 1962. He had no prior judi- years part—because we have had Sen- cratic Policy Committee briefing book cial experience. ator after Senator come here and say on the nomination of Miguel Estrada: Thurgood Marshall had no judicial he refused to talk about any decisions Lack of judicial experience. Mr. experience when President Kennedy re- with which he disagreed. Wouldn’t he Estrada has no judicial experience. He cess appointed him to the Second Cir- have disagreed with Dred Scott or has had no publication since a banking cuit in 1961. Marshall served in private Plessy v. Ferguson? Those were a long law article he wrote in law school. He practice and as special counsel and di- time before the 40 years that Senator is not a distinguished legal scholar or rector of the NAACP prior to his ap- SCHUMER asked about. But let’s go a professor and he has never taught a pointment. class. The bulk of his career has been Why is Miguel Estrada, this Hispanic little further. People for the American spent in the Solicitor General’s Office gentleman, being treated differently? Way says: and in private practice. Because he is a Hispanic conservative Estrada refused to answer key questions at Hey, that ain’t bad right there, Solic- his Senate Judiciary Committee hearing Republican, or at least they think he is about his judicial philosophy, such as his itor General’s Office and private prac- conservative. I am not sure. views on important Supreme Court deci- tice. But the fact he has no judicial ex- Let me go back to the Democratic sions. For example, he refused to name a sin- perience is a joke—as if that is an in- Policy Committee. gle Supreme Court decision in the last 50 hibiting factor. Mr. SESSIONS. Will the Senator years that he thought was wrong. This is what People for the American yield for a question? Then they go on to say this. This is Way said in a letter from the president, Mr. HATCH. Sure. again a letter from Ralph Neas. Ralph Neas, to the Senate Judiciary The PRESIDING OFFICER. The Sen- Other judicial nominees of President Bush, Committee, dated January 29, 2003: Mr. ator from Alabama. including some with significant ‘‘paper trails Estrada has worked for the Justice De- Mr. SESSIONS. I know the Senator have discussed their jurisprudential views partment for more than half of his ca- is so knowledgeable about these mat- extensively in hearings before the Senate Ju- reer and has never served as a judge or ters. This is an appellate bench, which diciary Committee. Just last year, Michael a magistrate or law professor and, in- handles appellate matters. But isn’t it McConnell, who was recently confirmed to deed, has not published any legal true that Mr. Estrada was a law clerk the Court of Appeals for the 10th circuit, thoroughly discussed his views on such sub- writings since law school. It is vir- for a Second Circuit Federal judge and jects as Roe v. Wade and the Supreme tually the same thing in the Demo- a U.S. Supreme Court Justice? Court’s recent federalism or States rights de- cratic policy books. But here are the Mr. HATCH. He was a law clerk to cisions limiting the authority of Congress. facts. Only 3 of the 18 judges confirmed Amalya Kearse on the Second Circuit That was a letter dated January 24, to the DC Circuit since President Court of Appeals and law clerk to Jus- 2002. Carter’s term began in 1977 previously tice Kennedy. He had lots of experience Let me give you the facts to show had judicial experience—only 3 of them on the judiciary. I am glad the Senator how wrong they are. That is what is of the 18 judges. pointed that out. killing me, that my colleagues would Here is another fact. Democrat-ap- The Senate Democratic policy book misrepresent like this on the floor of pointed DC Circuit judges with no prior on the nomination: the Senate and misrepresent to their judicial experience include Harry Mr. Estrada often refused to answer ques- own colleagues. That is what is killing Edwards—I think he is the current tions. me. Here are the facts. chief judge, isn’t he, or he was— We are getting this bullcorn on the Cannon 5A(3)(d) of the American Bar Asso- Merrick Garland, Ruth Bader Gins- floor today, and we have gotten it ciation’s Model Code of Judicial Conduct burg, Abner Mikva, David Tatel, and every day we have been here. They states that prospective judges ‘‘shall not . . . Patricia Wald. They are all Democrats, don’t seem to listen to the facts. make pledges or promises of conduct in of- fice other than the faithful and impartial of course. All were appointed by either Mr. Estrada often refused to answer ques- performance of the duties of office . . . [or] Carter or Clinton and had no prior judi- tions, or provided extremely evasive answers make statements that commit or appear to cial experience. during his confirmation hearing. Why is it fair for them to be on this commit the candidate with respect to cases, You should have heard all of their controversies or issues that are likely to court with no prior judicial experience nominees, whom we allowed to go come before the court. but it is not fair for Mr. Estrada? Why through. OK. It goes on to say: Justice Thurgood Marshall made the the double standard? My gosh, they are He declined to answer all questions about same point in 1967 when he refused to not treating this guy fairly at all. his judicial philosophy and his views on im- answer questions about the fifth Let me give another fact. Several portant Supreme Court cases. For example, amendment. other Clinton appointees to the courts when Senator Schumer asked Mr. Estrada to I do not think you want me to be in a posi- of appeals received their appointments name a single case from the entire history of tion of giving you a statement on the Fifth the Supreme Court law that he disagreed despite having no prior judicial experi- Amendment and then, if I am confirmed and with, Mr. Estrada refused. ence. Ninth Circuit appointees Richard sit on the Court when a Fifth Amendment Tallman, Marsha Berzon, Ronald My goodness. The policy statement case comes up, I will have to disqualify my- Gould, Raymond Fisher, William says: self.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2164 CONGRESSIONAL RECORD — SENATE February 11, 2003 Or Lloyd Cutler, who is one of the tisans. They are left-wing partisans. I But they don’t tell you that the fol- great lawyers in Washington, DC, and, don’t blame them. They believe in that lowing groups, among others, have an- frankly, in the country: left-wing philosophy of theirs, and I re- nounced their support for Estrada: Lloyd Cutler, President Clinton’s former spect people who believe in their phi- League of United Latin American Citi- White House Counsel, testified before the losophies. The ones I don’t respect are zens (LULAC) (nation’s oldest and larg- Senate Judiciary Committee last year that those who distort the record. That is est Hispanic civil rights organization); ‘‘it would be a tragic development if ideology unfortunate. That is what they have U.S. Hispanic Chamber of Commerce; became an increasingly important consider- been doing. Hispanic National Bar Association; ation in the future. To make ideology an On May 28, 2002, the Washington Post issue in the confirmation process is to sug- Hispanic Business Roundtable; the gest that the legal process is and should be editorialized that the committee’s re- Latino Coalition; National Association a political one. That is not only wrong, it is quest for attorney work product of Small Disadvantaged Businesses; a matter of political science; and also serves ‘‘would be unthinkable if the work had Mexican American Grocers Associa- to weaken public confidence in the courts.’’ been done for a private client. The tion; and the Hispanic Contractors of Think about it. Think about it. The legal advice by a line attorney for the America, Inc. reason Mike McConnell had to answer federal government is not fair game ei- Of course, you can see many other very carefully is that he had written so ther.’’ things. There are so many groups that extensively that he pretty well had to According to the Post editorial: support him. acknowledge that that is what he Particularly in elite government offices I attended a press conference today wrote on Roe v. Wade. He was highly such as that of the solicitor general, lawyers where the head of LULAC was so out- critical of Roe v. Wade. I respect my need to be able to speak freely without wor- raged at the double standard and the rying that the positions they are advocating way Miguel Estrada is being treated— colleagues for accepting Professor today will be used against them if they ever McConnell. On the other hand, he had get nominated to some other position. and, I might add, LULAC is not a con- servative organization but it is a re- 305, many of whom were the most lib- These people in the Solicitor’s Office spected organization, and I have al- eral law professors in the country, sup- are generally the top lawyers around. ways respected them. Its leader ripped porting him because he is so honest Many of them are going to serve in into what is going on over on the other and decent and smart, rated as one of other positions in the Government. A side of the floor like you can’t believe. the two or three top constitutional ex- number of them are going to be judges. He is one of the leading Hispanics in perts in the country. We just named eight of them. There are Just think about it. These kind of America, and rightfully so. seven former Deputy Assistants for the things bother me. Let me just talk Let me tell you, I think the Hispanic Solicitor General now serving on Fed- about the SG memo, the Solicitor Gen- people are starting to catch on—that it eral circuit courts of appeals. None had eral memos we have heard so much is outrageous the way this man is any prior judicial experience, and the about here. This is what the Demo- being treated. He is being treated with committee did not ask the Justice De- cratic Policy Statement says: a double standard. He is being mis- partment to turn over any confidential treated with a double standard. Due to Mr. Estrada’s almost nonexistent internal memoranda those nominees paper trail, the Judiciary Committee Demo- I must say that I was a little sur- crats have tried to obtain legal memoranda prepared while serving in the Solicitor prised when I saw the similarities be- he wrote while serve at DOJ. DOJ has re- General’s Office. tween the Democrats’ handbook on Mr. Why is Miguel Estrada being treated fused to provide these documents which pre- Estrada and the propaganda being cir- like this? Why is he being treated so sumably would show Mr. Estrada’s constitu- culate by People for the American tional analysis of cases and statutes and give unfairly and differently from anybody Way. I guess it’s now clear where my members a window into his judicial rea- else? Why is he being treated dif- Democratic colleagues’ talking points soning. ferently than those seven others, many are coming from. Maybe my Demo- Here is what People for the American of whom are Democrats? Is there a dou- cratic colleague should examine a lit- Way said in a letter from Ralph Neas ble standard here? You doggone right tle more closely the euphemistically- dated January 29: there is. It is because he is a Hispanic named People for the American Way. As several Senators have explained, Mr. conservative Republican. That is why— Over the past two years, I have Estrada has a limited paper trail, particu- because they cannot pin anything on larly because the Justice Department has re- watched the war of propaganda waged him. When you can’t pin something on against President Bush’s judicial nomi- fused to release the legal memoranda he somebody, you do fishing expeditions wrote while serving in the Department. nees. I have seen the records of good to find any amount of dirt you can get. men and women distorted and smeared Let’s get the real facts. All seven liv- A fishing expedition into confidential ing former Solicitors General of the simply because they are the nominees memoranda in the Solicitor General’s of a conservative President. And I have United States—Seth Waxman, Drew Office should not be allowed, and it has Days III, Walter Dellinger, Kenneth decried the pertpetrtors of these smear not been. campaigns who have nothing to lose by Starr, Charles Fried, and Robert Let me go back to the Democrat pol- their misrepresentations but every- Bork—have written the Judiciary Com- icy statement: mittee defending the need to keep such thing to gain when it come to raising LACK OF SUPPORT FROM HISPANIC AND OTHER money to promote their left-wing agen- documents confidential. Four of those ORGANIZATIONS da. are leading Democrats. Mr. Estrada is opposed by, among others, The letter noted that the SG, the So- the following organizations: Congressional I am taking about the liberal Wash- licitors General: Hispanic Caucus, Congressional Black Cau- ington special interest groups that are relied on frank, honest and thorough advice cus, Mexican American Legal Defense and the ones manufacturing the weapons of from their staff attorneys like Mr. Estrada— Education Fund, Puerto Rican Legal Defense mass obstruction. And that the open exchange of ideas and Education Fund, Leadership Conference That is what they are—weapons of which must occur in such a context— on Civil Rights, AFL–CIO, Sierra Club, NOW, mass obstruction in this case, and oth- National Women’s Law Center, NARAL and ers as well. simply cannot take place if attorneys have SEIU. reason to fear that their private rec- One of these groups, People for the ommendations are not private at all, but On January 30, People for the Amer- American Way, claims that ‘‘Ameri- vulnerable to public disclosure. ican Way again; this is a press release cans could lose fundamental rights, I have said that on the floor of the rather than a letter: freedoms, and protections that they Senate so many times I am getting Neas noted that leading Hispanic organiza- have enjoyed for decades’’ if the Senate sick of saying it. Yet I have had Demo- tions opposing Estrada’s confirmation—in- confirms Miguel Estrada. How low can cluding the Congressional Hispanic Caucus, crats tell me today: You mean seven you get? When I learned this, I said to Mexican American Legal Defense and Edu- myself, with a name like People for the Solicitors General said that, four of cation Fund, Puerto Rican Legal Defense whom are Democrats? and Education Fund—have been joined in op- American Way, maybe I should rethink They were amazed to hear that. position by a diverse coalition of environ- my position on the Estrada nomina- Why did the people for the American mental protection, women’s rights, and tion. I began thinking, Who are these Way say that? Because they are par- other public interest groups. folks who call themselves People for

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2165 the American Way and who want me to clerk for the U.S. Supreme Court for them accountable for their decisions. oppose Miguel Estrada? Justice Kennedy; and Assistant Solic- Only in extraordinary circumstances— Obviously, I am not a member of itor General for both Presidents Bush when a judge is guilty of high crimes their organization. But, given its and Clinton. and misdemeanors—can the legislative name, I thought to myself, maybe I That sort of politics is not the Amer- branch recall a judge who does a bad should look into joining it. After all, I ican way at all. job. That is why it is especially impor- am a person, and I am all for the Amer- I hope my colleagues on the other tant that Senators assure themselves ican way—which, in my book, stands side of the aisle will stand up to the about the quality of a nominee and for truth, civility, fidelity, and justice. pressure tactics of the left and recog- their philosophy before he or she is So I asked around my neighborhood nize that only in America can a teen- sent to the bench. This power should and, well, it doesn’t appear that any of age immigrant from Honduras apply not be just a review of their biographi- my neighbors are members. My family his intellect and talent to rise to a cal information or their academic cre- and friends aren’t members. Nor does it Presidential appointment to our Na- dentials, their resume. It ought to be appear that any of my veteran friends tion’s highest court. That is the Amer- complete with regard to understanding are members. ican way. their judicial philosophy and how they So who are they, these People for the Only in America can someone such as may approach their demeanor on the American Way? I went to their Web Miguel Estrada come here hardly bench. site to find out. It appears that they speaking English, accomplish so much Of course, while all judicial nomina- are a very busy bunch of people who and rise to the point where the Presi- tions deserve careful review, the par- raise money for left-wing causes. In- dent of the United States has nomi- ticular nomination before us is unusu- deed, their Web page on President nated him to one of the most impor- ally important. I think it is pretty Bush’s judicial nominees contained tant courts in the country. And only in clear that the Court of Appeals for the four separate solicitations for dona- America can his record be distorted District of Columbia is widely ac- tions, four on one page. Profiting at like it is being distorted by the People knowledged to be the most powerful the expense of trashing other people’s for the American Way, and others. appellate court in the Nation, below reputation may qualify for the Na- They have a right, I suppose, under the only the Supreme Court itself. Because tional Enquirer way—but it is not the first amendment to do any kind of dis- it hears appeals for so many cases, in- American way. Of course, this organi- tortions they want, but it isn’t right volving Federal agencies, the work of zation should be free to raise money for them to do so. Government, its decisions often have and exercise its first amendment I yield the floor. broad national impact. It regularly es- rights. But the Senate is not obligated The PRESIDING OFFICER. Under tablishes rules with profound implica- to do its bidding or jump when it says the previous order, the Senator from tions for workers’ safety, consumer so. New Jersey is recognized. protection, civil rights, the environ- Mr. CORZINE. Mr. President, I rise Unfortunately, you can see where a ment, and on and on. And its decisions today to express my opposition to the lot of the language is coming from— help determine the extent to which or- nomination of Miguel Estrada to the People for the American Way over and dinary Americans are allowed to chal- U.S. Court of Appeals for the District over. It is false. lenge the decisions of their Govern- of Columbia. So I became more curious. Maybe if I ment or the judiciary. learned who its board members are I As many of my colleagues have ex- Moreover, the person who is ulti- would be convinced that they truly are pressed—and my remarks are not from mately selected to fill the current va- people who stand for the American the talking points of the People for the cancy is likely to be a swing vote on Way. American Way—there are a few respon- I did a little more surfing on this sibilities of Senators that are more im- the court. The fact is, there currently Web site and found out that People for portant than the review of judicial are eight active judges in place, who the American Way, board members, in- nominations. There are few things we are often divided on a 4–4 split. So this clude a Hollywood actor. will involve ourselves in on the floor of individual will almost certainly have Gee, I think that is great—to have a the Senate that actually will survive an enormous impact on the lives of Hollywood actor acting in politics. We many of us in our careers in the Sen- millions of Americans and vital con- certainly have a few of them, don’t we? ate. The Constitution delegates us both cerns to them, for better or worse. The board members include a record the authority to advise the executive That, no doubt, is largely why the executive, a Democratic lobbyist, and a about possible nominations and the President and the majority of the Sen- former Clinton White House staffer power to give or withhold consent. It is ate have made it such a high priority. who was the center of the FALN ter- critical that we exercise these respon- And it is a high priority. That is why rorist clemency debacle. Are these sibilities seriously and with the utmost all Senators need to think long and mainstream Americans? Are these peo- care. We need to be judicious. hard before approving this or any nom- ple to whom we defer on what qualifies After all, judicial nominations are ination. as the American way? Maybe in Holly- fundamentally different than nomina- Unfortunately, at this point, all of wood or on the Upper East Side of Man- tions for executive branch appoint- my colleagues face a serious problem hattan. But not in my neighborhood ments. Unlike the nominations of Cabi- in evaluating the nomination before us. nor, would I say, in most of America. net officers, judges, ambassadors, they We simply do not have enough informa- This is something that deeply trou- do not serve the President. They func- tion to do the job properly. At least bles me. Too many of my colleagues on tion in an entirely independent branch that is my view. That is because this the other side of the aisle appear be- of Government, a branch with signifi- nominee has no record in public office, holden to groups such as People for the cant power to shape the actions and and basically has refused to provide us American Way. But their brand of poli- policies of the other two. As a con- with information necessary to evaluate tics includes obstructing the confirma- sequence, there is far less reason to be his judgment, fitness for appointment tion of qualified men and women to the deferential to a President’s judicial to the second highest court in the land. Federal judiciary using any available nominations than executive branch He has refused to answer many basic weapon. To them, this is war, and all is nominations. A President deserves to questions that were posed during the fair—even if it means smearing the rep- have his own team, but when we are Senate Judiciary Committee review. utation of good, solid nominees such as talking about the judiciary, we are And he has withheld examples of his Miguel Estrada. talking about an independent branch of work and thought in the past, things I Not qualified? Give me a break. An Government. think would be available to anyone ABA rating, unanimously well-quali- Perhaps even more important, who would be actually scrubbing down fied, the highest you can have; 15 U.S. judges, unlike executive branch offi- this nominee if he were in the execu- Supreme Court arguments; Columbia, cials, have lifetime appointments. Once tive branch. and Harvard Law magna cum laude; the Senate approves their nominations, As a result, it is extremely difficult— editor of the Harvard Law Review; law there are few effective ways to hold frankly, impossible—for any Senator to

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2166 CONGRESSIONAL RECORD — SENATE February 11, 2003 evaluate his full set of views, his tem- perament, and how one would approach lifetime appointment over which we perament, values, and method of ana- issues, there were no answers to the will have no control once confirmation lyzing legal issues, and his likely ap- questions. Nor has the administration is in place. proach to the bench. been willing to share any of Mr. Let me ask my colleagues this: Do we Fundamental questions on issues be- Estrada’s work product during his serv- really think the White House and the fore the Nation are at stake very regu- ice in the Solicitor General’s Office—a Justice Department nominated Mr. larly in this court with respect to af- refusal that is apparently not con- Estrada without knowing his views and firmative action, Roe v. Wade, how our sistent with precedent, at least in a approach to the law? Do we really labor laws are interpreted, interpreta- number of cases in recent history, Jus- think the same kinds of questions we tion of the commerce clause, basic fun- tice Bork’s nomination being one of would expect to ask ourselves, maybe damental directions I think Senators those cases. But there are a number of of our own employees or someone who should understand and at least have a others as well. was giving us legal advice, don’t we little bit of perspective about on how This is the kind of stonewalling, think that process was followed by the this nominee might feel about it. frankly, that I find unacceptable, and I Justice Department and the White Let me be clear, I recognize it is not think the American people would find House? Once again, if that didn’t hap- appropriate to ask judicial nominees to unacceptable if they were focused on it. pen, I would be disappointed. I would say anything in the nomination proc- We, as Senators, must not tolerate it think the executive branch would not ess that would undermine their ability either. If this stealth and secretive ap- be following its responsibilities. I to judge particular cases in the future. proach to nominations is validated in doubt anyone would take on someone They should not be asked to evaluate this case, I am afraid all nominees in with a lifetime appointment in a most particular facts, nor to comment on the future will adopt a similar ‘‘secret serious position without understanding specific legal issues likely to come be- strategy.’’ It will not reveal anything, where they stood philosophically, tem- fore them, if confirmed. Nominees have and so we will sort of play Russian rou- perament-wise, and with regard to how a right and responsibility to exercise lette with how candidates will serve they view the law. Beyond the constitutional issue, reasonable discretion throughout the once they get to the bar. nomination process. I respect that. I Senators will be asked to exercise which by a wide margin is the most im- think my Senate colleagues do. their constitutional duties with little portant, I would like to take a moment That said, we still need to have an or no information. Frankly, being to respond to some claims that have understanding of how one might ap- blindfolded as a Senator when you are been made by supporters of the nomi- proach generally the philosophy of considering such an important issue is nation during the course of the debate. I am actually a little bit offended by it. being a judge, how one might look at not acceptable. First, some of the supporters of Mr. the Constitution, their judicial tem- Governing in the dark, governing in Estrada have suggested those opposed perament. All those kinds of things secret is most certainly contrary to to the nomination somehow are ob- seem to be fair questions people ought the philosophy underlying our con- structing the process of filling vacan- to have some understanding of before stitutional premises, and approving a cies on the Federal bench. This is a ri- someone is approved. nomination in such circumstances diculous statement on its face. During While it is not appropriate to expect would represent a gross abdication of the last 17 months of the last Congress, to comment on specific cases, it is en- our responsibilities. In effect, we be- under Democratic leadership, the Sen- tirely appropriate for nominees to an- come nothing more than a ate confirmed 100 of President Bush’s swer general questions about their phi- rubberstamp. I hear there has been judicial nominees. In fact, under Demo- losophy, their views and thoughts on some argument about the rubberstamp cratic leadership, the Senate worked at broad types of legal issues. In fact, it is concept. The distinguished Senator a rate almost twice the average during essential to do so. Otherwise, Senators, from Utah used that phrase when he the preceding years when a Republican- in my view, will be unable to exercise was taking a different view about judi- led Senate repeatedly blocked the their own constitutional responsibil- cial philosophy for other candidates at nominees of a Democratic President. ities to provide serious advice and con- another point in time and didn’t appre- I can tell you in my own experience sent in this process. ciate it. I don’t think we should at this in New Jersey, we had four openings on By the way, this is fundamental. It is point accept it and embrace it as our the district court. We worked very clearly a bipartisan viewpoint. It cer- approach. carefully and thoughtfully and coop- tainly was as we looked at the judicial We need to be a part of this process eratively with the administration to appointment process under the pre- and understand more about the nomi- fill those vacancies with a diverse set vious administration. People wanted to nee. Remember the stakes that could of candidates, quite broad based. And understand what a candidate’s judicial well be involved in the pending nomi- we are now working very cooperatively philosophy was and how issues might nation. Is the Senate really willing to to try to fill a circuit court judgeship be framed in a general context as they put the fate of worker safety in the in the same way that is now being de- went forward and looked at nominees hands of someone we know so little bated with regard to the district court forthcoming from the previous admin- about? What about the myriad of con- in Washington, DC. This is not some- istration. sumer protections or civil rights, envi- thing where cooperation is lacking. Unfortunately, the nominee before us ronmental protections, and so on? Over and over and over again people today—and I believe this is really the Would any of my colleagues be will- are prepared to reach out even when heart of the matter—has essentially re- ing to hire a legal counsel into their people have different judicial philoso- fused to answer any of those relevant own staff, would any of us bring any- phies and work together. questions. He won’t provide any infor- body into our own activities, as we rep- I am not suggesting Democrats mation about his approach to the legal resent the people from our States, should block nominations in some sort issues. He won’t comment about any without knowing at least something of a tit for tat. In fact, we have not. I past cases. He won’t give us even a clue about their general approach to how don’t agree with that approach. I don’t about his judicial philosophy or his they would deal with issues and how think it would be appropriate. But it is views on the way judges should handle they approach their worklife? Who wrong and unfair for others to argue we their responsibilities. Instead, time would do that? I don’t know that any- are being obstructionist just because after time, in his appearance before the body would do that in the private sec- we refuse to serve as rubberstamps. I Judiciary Committee, he simply re- tor where I came from, and I doubt don’t plan on being one. I was not fused to answer questions at all. very seriously anybody would do that elected to be a rubberstamp. Now, that does not mean there right here with their own staffs. That Let’s remember, Senator SCHUMER wasn’t any testimony or there were no is true even though any of us can eas- has pointed out so eloquently that in questions answered. I saw a big book ily remove our own staffers if they fail the case of judicial nominations, the raised up that has a transcript of the to perform adequately. burden of proof does not lie with the hearing, but when it got to the basic In the case of a judicial nomination, Senate or those opposed to a nomina- questions of judicial philosophy, tem- by contrast, we are talking about a tion. The burden appropriately rests

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2167 with the nominee himself or herself Now let’s look at the record of Re- those questions, to be diligent, thor- and the President who made the nomi- publicans in the Congress. During ough, and judicious, and to make sure nation. It is their affirmative obliga- President Clinton’s tenure, 10 of the we have an impartial judiciary after we tion to convince the Senate of a nomi- more than 30 Hispanic nominees were go through the process. nee’s suitability. delayed or blocked from receiving I hope enough of my colleagues will It is clear in this case Mr. Estrada hearings or votes, and many highly have the strength to stand up to the and the administration have not met qualified Hispanic nominees were de- demagogic attacks coming from many this obligation. To the contrary, they layed for extended periods of time. proponents and supporters of this nom- have tried to say as little as possible Take Richard Paez, for example. He ination. I hope some of those on the about Mr. Estrada and his views. was a highly qualified candidate, well other side will reconsider their ap- Again, we have a stealthy, secretive respected in his profession, yet his con- proach. nomination process going on, and it is firmation was delayed for more than Speaking for myself, this is one Sen- inconsistent with what our responsibil- 1,500 days—1,500 days and we are com- ator who cannot and will not face down ities are. It degrades the integrity of plaining about 500 here. And 39 Repub- under these irresponsible attacks. This our role as Senators in the confirma- lican Senators voted against him then. is one Senator who will not abandon tion process. In sum, the other party doesn’t have his sense of responsibility to our Con- Unfortunately, others in this body a strong record when it comes to pro- stitution. I simply cannot, in good con- have also gone so far as to say that op- moting this. I think it is hard to put it science, support this nomination as it position to Mr. Estrada’s nomination into a framework that somehow or an- stands today without the information has been based on an ethnic back- other this campaign is anti-Hispanic. being provided that is necessary to un- ground. I heard that just recently. It Speaking for myself, I strongly be- derstand the context of the nominee. has even been suggested that oppo- lieve in promoting diversity on the I would very much like to see a more nents of the nomination are intent on Federal bench. I was proud to join my diverse court, and I will work to make keeping Hispanics off the court and op- colleagues who spoke about the efforts sure it happens. But I will not put my position is disrespectful to our His- of working together with the White seal of approval on an individual who panic citizens. House and actively supporting the has basically challenged the nomina- Let’s get real. These kinds of attacks nomination of Jose Linares to the dis- tion process in refusing to answer the are outrageous, part of an attempt to trict court last year. Mr. Linares, a kinds of questions that would allow me intimidate those opposed to the first-generation American born in to have the assurance, when I speak to Estrada nomination. Frankly, they Cuba, has been a leader in the Hispanic the people of New Jersey, that I under- just don’t represent the kind of debate community in my State for many stand how someone with a lifetime ap- we should be having in the Senate, and years, serving as president of the New pointment might think about some of they won’t work. After all, most major Jersey Hispanic Bar Association and the most important issues that impact national organizations that exist to representing many clients of Hispanic represent the Hispanic community are their lives in the days and years and origin while operating in private prac- actively opposing this nomination. I decades ahead, particularly for a 43- tice. Mr. Linares is just one example of know this from actual dialog, not from year-old nominee. I do not intend to be my continued dedication, and I believe some lobbying organization that rep- a rubberstamp. most of us in the Senate on both sides I thank the Chair. resents a particular judicial philos- of the aisle, to promoting diversity on The PRESIDING OFFICER (Mr. TAL- ophy. I hear it from the Congressional ENT). Under the previous order, the Hispanic Caucus, hardly an anti-His- the Federal bench. While I strongly believe in the value Senator from Colorado is recognized panic organization. I hear it from the of promoting diversity and increased for 15 minutes. National Association of Latino Elected Hispanic representation in the judici- Mr. ALLARD. Mr. President, I rise to and Appointed Officials; again, hardly ary, that doesn’t mean the Senate share an observation made by my col- an anti-Hispanic organization; Mexican should be rubberstamping any and league on this side of the aisle—the American Legal Defense and Education every Hispanic nomination. In this chairman of the Judiciary Committee, Fund—I could go on and on—National Senator HATCH from Utah—that, like Puerto Rican Coalition; Puerto Rican case, we have a nominee who has con- him, I believe there is a double stand- Legal Defense and Education Fund. sistently refused to answer any sub- ard. None of these organizations are anti- stantive questions regarding judicial Last week, I came to the floor to Hispanic. philosophy, has no judicial experience, By the way, those of us on this side and is actively opposed by most of the urge my colleagues to support the con- of the aisle who are trying to express a mainstream organizations that rep- firmation of Miguel Estrada, President principle with regard to the Constitu- resent the Hispanic community. Bush’s nominee to the DC Circuit tion are not, either. To have any kind I hope my colleagues will remember Court. Last week, I had my statement of implication that we are is over the what is at stake here. This is not just focused on the late Byron White, Jus- top. When virtually every credible His- another vacancy on a single court. This tice to the U.S. Supreme Court. During panic group opposes this nomination, it debate, ultimately, is about our re- my comments, I pointed out that Jus- simply does not pass the laugh test to sponsibilities as Senators. The ques- tice White’s judicial career began in a argue otherwise. The claim is ridicu- tion is whether we are going to become manner very similar to that of Miguel lous. nothing more than that proverbial Estrada. Justice White was nominated It is similarly preposterous to claim rubberstamp, abandoning our duty of by President John F. Kennedy when he the Democratic Party is anti-Hispanic. advice and consent on judicial nomina- was only 44 years old. He went on to Of the 10 Hispanic appellate judges cur- tions. The question is whether we are serve his country for three decades, rently seated in the Federal courts, going to start approving nominees without having any judicial experience eight were appointed by President Clin- about whose philosophies we know vir- prior to joining the Supreme Court. ton. Three of President Clinton’s first tually nothing; whether we are going And he did an exemplary job on the 14 judicial nominees were Hispanic, and to vote like a gambler, blindly spin- bench. he nominated more than 30 Hispanic ning a wheel of chance and hoping for Yet opponents of Miguel Estrada men and women to Federal courts. the best. have pointed to his lack of judicial ex- Let’s contrast that record to that of I don’t think the American people perience as the ‘‘poison pill’’ to his our friends from the other side of the want that. I know the folks in New Jer- nomination. This is an unacceptable aisle. First, let’s look at the Bush ad- sey don’t want that kind of attitude double standard. This experience lit- ministration record. Of the 42 vacan- out of their Senator. I, for one, hope mus test, as I call it, is nothing but an cies that existed in the 13 circuit that the Senate will live up to our con- obstructionist argument that is in- courts of appeal during President stitutional duties and that Senators tended to undermine the entire judicial Bush’s tenure, the President has nomi- will embrace the responsibilities en- nomination process. It is wreaking nated only two Hispanics. That is 42 trusted to us by the people who elected havoc with our constitutional duty to vacancies, two Hispanics. us. That is why we are here: To ask confirm the President’s nominations.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2168 CONGRESSIONAL RECORD — SENATE February 11, 2003 To say that Mr. Estrada, one of the being voiced by a single Senator that deputy chief of the appellate section, best appellate court lawyers in the he was involved in a Senate race which and law clerk to Judge Amalya L. country, should not be confirmed be- was hailed by local newspapers as a bit- Kearse of the U.S. Court of Appeals for cause he lacks prior judicial experience ter interparty slugfest, and the opposi- the Second Circuit. is simply ridiculous. Justice White, a tion to Miguel Estrada wants to com- Judge Lucero practiced law in Colo- great Coloradan, would never have plain about politics. rado. Miguel Estrada practiced law in been confirmed had he faced such a Upon his confirmation, Judge Lucero front of the U.S. Supreme Court where strenuous litmus test; nor would an- correctly stated it was ‘‘an unfortunate he argued 15 cases. Mr. Estrada’s quali- other great Coloradan, Carlos Lucero, vestige of history’’ that it had taken so fications are clear and abundant. The have been confirmed had that test been long for the Tenth Circuit to seat a obstructionist charade must stop. applied to him. Hispanic judge. It certainly was not be- Over the past 2 years, many of my Judge Lucero was nominated to the cause of delays in a Republican Senate. colleagues have come to the floor to Tenth Circuit Court of Appeals by With the nomination of Miguel make statements regarding the sad President Bill Clinton on March 23, Estrada, the Senate has an opportunity pace of judicial nominations during the 1995, and was confirmed by the Senate to place the first Hispanic judge on the last Congress. They have made excel- on June 30, 1995. Three months is all it bench of the DC Circuit Court, a man lent points, but I believe the most tell- took. Like Justice White and Miguel who came to this country at age 17 as ing statistic is simply that more ap- Estrada, Judge Carlos Lucero had an immigrant from Honduras, and a peals court nominees have had to wait never served as a judge prior to joining man who is well equipped to serve as over a year for a hearing in President the court. Regardless of this fact, with- the Nation’s second most important Bush’s Presidency than in the last 50 in 3 months of his nomination, the Ju- court, certainly a success story of years combined. diciary Committee, then under the America and one that I like to herald Let me repeat that. The most telling statistic is simply that more appeals leadership of Chairman HATCH, held a time and again. confirmation hearing for Mr. Lucero. When Judge Lucero was before the court nominees have had to wait over a At no point during the confirmation committee, he was not asked his posi- year for a hearing in President Bush’s hearing—not even once—did a member tion on one issue, and yet my col- Presidency than in the last 50 years of the committee discuss his lack of ju- leagues just saw my colleague from combined. The stalemate on the Bush nominees dicial experience; nor did they consider Utah show the Members of this Senate must end. In the wake of September 11, it to be an impediment to his nomina- three pages of facts and testimony that we now understand the somber reality tion. Instead, the Judiciary Committee had been collected on Miguel Estrada. that the most basic of our country’s moved forward with the nomination in There were a couple questions in committee. I have them right here. values and traditions are under attack. a Republican-controlled Senate. That is why it is so important that we Judge Lucero had served as a staff This is the committee record on move the nomination process forward assistant to a U.S. Senator. He had Lucero. We saw the 3-inch committee and provide the judiciary branch of served on the staff of the Senate Judi- record on Miguel Estrada. When Judge Government the tools that are nec- ciary Committee, clerked for Judge Lucero from Colorado was on the essary to carry out its constitutional Doyle of the Colorado District of the Tenth Circuit Court of Appeals, they duty. We cannot continue to allow par- U.S. District Court, and practiced law asked him two questions: No. 1—it was tisan politics to interfere with prin- an open-ended question—give this com- in the private sector prior to joining cipled jurisprudence that is intended to mittee some idea why you think you the Federal bench. serve justice on those who have done us Let’s look at Miguel Estrada. He was qualify to serve on the Tenth Circuit harm. a graduate from Harvard Law School Court of Appeals. It was an open-ended Justice cannot be delivered from an with high honors. We have a lot of his question, a softball. No. 2—it was in- empty bench. Miguel Estrada’s life qualifications listed on the board be- tended to be somewhat humorous and story defines the very notion of our Re- hind me. He served as a law clerk to bring some levity to the committee public. Like Judge Lucero and Justice Supreme Court Justice Anthony Ken- hearing—they simply kidded him with White, he is an American success story, nedy, and he worked as an Assistant a question: Is it easier to become a building his success by combining en- Solicitor General of the United States Senator or is it easier to become a ergy and opportunity with self-respect in both the Bush and the Clinton ad- judge? That was the extent of the ques- and integrity and values. ministrations. Neither Carlos Lucero— tions, other than a few introductory re- It is time for the confirmation proc- now Judge Lucero—nor Miguel Estrada marks that were made in committee on ess to move forward and for a vote on had judicial experience at the time of Carlos Lucero. the floor of the Senate. At least we can their nomination. They both had a Yet we have information collected of have a vote on the floor of the Senate. breadth of legal experience that en- an extremely qualified candidate, And it is time to drop the double stand- sured success on the bench. Miguel Miguel Estrada. I have to tell you, ard and to confirm this very highly Estrada’s outstanding record of accom- there is a double standard. Unlike qualified nominee. I thank the Chair. plishment and real-life experiences Judge Lucero who was nominated by The PRESIDING OFFICER. The Sen- prove that he will be no different than President Clinton, Miguel Estrada has ator from Utah. Judge White or Judge Lucero and that been forced to put his life on hold while Mr. BENNETT. Mr. President, I have he will perform his judicial duties with special interests play games with our been watching these proceedings on great conviction and enthusiasm. system of justice, delaying his con- television in my office. I have heard Within 3 months, Mr. Lucero was firmation and perpetrating an unfortu- some of the presentations that have nominated, confirmed, and seated on nate status quo. been made. It seems that emotions are the bench of the Tenth Circuit, becom- Miguel Estrada’s nomination has running high on this issue on both ing that court’s first Hispanic judge. been pending since May 9, 2001. That is sides, and I can understand that, and Somehow, the fact that Mr. Lucero had nearly 2 years, and this is simply ridic- maybe, given the stakes we are playing no judicial experience did not stop a ulous. Judge Lucero was nominated with, applaud the fact that people feel Clinton appointee from being con- and confirmed in 3 months. Miguel strongly enough to come to the floor firmed, but that is not the only ironic Estrada has been waiting for 2 years. and express themselves. argument. Judge Lucero ran for the Senate twice. I wish to make a few comments sim- The Lucero nomination points out a Miguel Estrada is far less political ply in reaction to some of the state- second double standard being put for- than Judge Lucero. ments I heard this afternoon, however. ward by his opponents that Miguel Judge Lucero clerked for a U.S. dis- Perhaps no one will notice, but in my Estrada is too political. Carlos Lucero trict judge but had no judicial experi- own mind I will have done something was a two-time candidate for the Sen- ence. Miguel Estrada served as a clerk to set the record straight. ate and a member of one of President to Justice Kennedy of the U.S. Su- The Democratic leader talked at Carter’s advisory committees. Yet he preme Court, Assistant to the Solicitor some length about Miguel Estrada’s su- still was confirmed without a concern General, assistant U.S. attorney, and pervisor at the Department of Justice,

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2169 a supervisor who has now publicly stat- would expose Mr. Estrada as part of the failed that test and therefore must be ed that he does not think Mr. Estrada vast right-wing conspiracy. I think opposed, and we will make up these should be confirmed. That is obviously they would find the excellent work of a other reasons to oppose him, even that supervisor’s right, and it is some- superb lawyer so that it would prob- though we cannot apply these same thing I think we should appropriately ably help Mr. Estrada’s case if those reasons to other candidates for whom take into consideration. memos were brought forth in estab- we have voted. That which I would point out, how- lishing his competence and his ability. I hope I am wrong. Some will say: ever, is that while Mr. Estrada was But professional ethics say that a law- That is a facetious, almost capricious, working there, that same supervisor yer does not disclose that which he has statement on your part, Senator BEN- gave him the highest possible ratings prepared for a client, particularly in NETT. But I renew the request. I ask in his annual performance reviews. We the case where the client says: Do not those who have determined in advance are told there is no paper trail on Mr. do it. Mr. Estrada has not done it and the test that Estrada must pass, and Estrada, but there is a paper trail in is being attacked now on the floor of who have determined that he has failed terms of the written performance re- the Senate for what, in my opinion, is to pass that test, to do us the courtesy views of his activities while he was in his appropriate professional stance. of telling us what that test is, telling the Department of Justice, and those So we have the circumstance where a us in advance what hoop the nominees reviews are unanimously and man who is responding to his profes- must pass through in order for them to unchangingly glowing, giving us the in- sional requirements, a man whose ca- allow the nominees a vote on the floor dication, at least in the written opin- reer is fully open and clear for every- of the Senate. Until they tell us, this ion of his supervisors filed for the one to see, a man who has hidden noth- whole process we are going through record in a situation where there was ing and has no holes at any point in his will remain somewhat of a mystery. no political pressure one way or the chronological resume, is being held up I yield the floor. other, that Mr. Estrada is certainly and being denied a vote on the floor of The PRESIDING OFFICER. The Sen- qualified in every way for the assign- the Senate. As I have said before, we do ator from Utah. ment he had at the Department of Jus- not really know why. We do not know Mr. HATCH. Mr. President, we are tice and the implication, of course, is what particular test is being applied to about to wrap up for this evening. I that he would be qualified for further this confirmation. have been very disappointed with some assignments later in his career. We know there are others whose rat- of the debate today because it is appar- I should also like to point out that ing by the American Bar Association is ent that some of our colleagues have this was not the Ed Meese Justice De- not as good as Mr. Estrada’s who have not looked at the record, have not got- partment, this was not the Richard gone through without any difficulty. ten the facts, that they are listening to Kleindienst Justice Department, those We know there are those whose ‘‘lack People for the American Way and all who have been attacked as being un- of judicial experience’’ is exactly the the distortions that come from there. duly partisan because of the nature of same as Mr. Estrada’s, others for whom That is disturbing to me. the particular Attorney General and the lack of judicial experience made no When I was chairman of this com- his closeness to the President. This was difference but which in his case sud- mittee for 6 years during the Clinton the Janet Reno Justice Department, denly is touted as making all the dif- administration, we put through 377 and Mr. Estrada was there not for a ference in the world. Federal judges. There were a number week or two in transition but he was We know these are straw arguments who gave great angst to people on my there for a matter of years. If he is part because we can find plenty of cases side because of the differences in phi- of the vast right-wing conspiracy, as where others in exactly the same situa- losophy, differences in judging, dif- some have suggested, why did the peo- tion as Mr. Estrada did not have them ferences in approaches to judging, but ple of the Reno Justice Department raised against them. we put them through. We did not mis- speak so highly of him and retain him So what we have is a situation where treat people, at least as far as I can for so long? an additional test, unannounced and see, not like this. There can be only one logical answer. therefore unknown, is being applied in It is important for people to realize Either the people involved in the hiring this case. I have tried to figure it out. what he has been through, because to of the Justice Department under Janet I have asked Senator LEAHY to disclose hear this talk on the other side, one Reno were incredibly blind to Mr. what particular test he is applying in would think nobody ever even looked Estrada’s ideological bent or they saw this situation. I have been unable to at this man; that they had not had a in him a lawyer of incredible and sig- find a satisfactory answer. As I have chance to question him; that he did not nificant ability and wanted his services said, perhaps facetiously but with some answer any questions. and retained his services. seriousness, I have come to the conclu- This binder contains the hearing The Democratic leader made a great sion that the test that is being applied record. Most hearing records would be point out of the fact that none of Mr. is passing muster with the editorial 10 pages. This is his hearing record. My Estrada’s memos, while he was at the board of the New York Times. If the gosh, the hearing was conducted by Justice Department, is being supplied New York Times editorial board de- Democrats. They controlled the whole to the committee for review. He did not cides Mr. Estrada is not to be accepted, shebang. They asked every question tell us that Mr. Estrada’s supervisor, that means he must be turned down be- they wanted to, and he answered them. the Solicitor General of the United cause the New York Times is the voice I can see today he did not answer them States, appointed by President Clinton of what I call the responsible left in the way they wanted him to, so that and serving under Attorney General this country. We have the irresponsible they could complain about him, but he Reno, says those memos should not be left, but we have the responsible left. did answer them. I think he answered made public. The Solicitor General, There are those who claim the New them better than most of their judges not Mr. Estrada, was the client. The York Times is completely middle of whom I put through answered our ques- client who received the memos is the the road, the New York Times has no tions. one saying the memos should not be ideology. Those who are making that Think about what he has been made public, and yet the lawyer who claim do not read the New York Times, through. Before a person gets nomi- prepared the memos, in confidentiality or if they do, they do not understand nated, the White House does a thor- for his client, is being attacked for not it. It is the voice of the left in this ough review. They do a thorough re- violating his client’s request. country, the responsible left. search on whether or not to nominate I think it is fairly clear that the cli- If its editorial board has decided that the person. They also interrogate the ent is right in this case and that Mr. Miguel Estrada must not be confirmed, person as to whether there are any dif- Estrada is acting in the highest levels there are those who say we cannot ficulties that person might have. Then of his profession to see to it that those cross the editorial board of the New if they decide they are ready to go for- memos are not made public. If they York Times, we must follow their dic- ward, they are subject to an FBI re- were made public, I do not think they tates, and therefore, without announc- port. They then send out the Federal would find anything in them that ing it, we recognize that Estrada has Bureau of Investigation.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2170 CONGRESSIONAL RECORD — SENATE February 11, 2003 The Federal Bureau of Investigation has not been investigated, then we go way they wanted him to, but that is does a terrific investigation. Generally to the FBI and say, You have to do fur- not his obligation; he didn’t make any on a judgeship like Estrada, it is a ther investigation. We want this done. mistake—he did not give them some- notebook at least this thick, where And the FBI then does it, pursuant to thing to feed on to destroy him with. they interview the nominee’s friends, our rules. It is, again, a very big, ardu- There has not been a good argument neighbors, business associates, en- ous, difficult process. against him made since we have start- emies, wackos, crazies. This is what Then, as in the case of Estrada, the ed this debate other than ‘‘he did not you call a raw FBI report. Then assum- Democrats controlled the committee. answer the questions.’’ Well, some ing that goes well, the administration They took a total of 516 days—16 questions did not deserve being an- then makes a determination whether months—before they even had a hear- swered, but he answered a lot of ques- to submit the name. As they submit ing. Now, generally these hearings go 2 tions. or 3 hours at the most. Estrada’s hear- the name, they generally notify—some- Then, when the hearing is closed, ing was virtually all day. It was con- times even before they submit the they do a transcript. That is what this ducted by the Democrats. In fact, Sen- name—the American Bar Association. big document is, a transcript of that The American Bar Association then ator SCHUMER chaired the hearing. Sen- hearing. That is given to the Senators takes one of their examiners after all ator SCHUMER, as I have said before, is who want it. And most everyone does. the FBI has done and their examiner no shrinking violet. He is a tough guy. Then the Senators pour over that tran- generally is from the same area as the He is a very smart lawyer. I value our script and if they see questions that nominee. That examiner then goes and friendship because he is always were not answered in that transcript, talks to the leading attorneys, the straightforward. We have a decent, then they have a right to write written leading lawyers in the area—and oth- good, workable relationship. But he, questions. And the Senators who are ers, if the person is so led—to deter- along with other Democrats, then came really interested then write written mine ethical standards, legal ability, in and asked questions of Miguel questions for him to answer. Guess how industriousness, health, strength, tem- Estrada. They asked voluminous ques- many Democrats wrote written ques- perament, and so forth. All that is in- tions. That is what this hearing tran- tions? Two. And he answered those vestigated by the ABA. Most nominees script is all about. You do not see written questions. He may not have an- get a rating of ‘‘qualified.’’ That is a many hearing transcripts that big. I swered them the way they wanted him high rating. Anytime you can get the have been here almost 30 years and I to do so they could attack him and try rating of ‘‘qualified’’ from the Amer- have seen very few that large until to destroy his nomination, but he an- ican Bar Association, you have done there is some real problem. But in all swered them. Where were all of the something pretty worthwhile. That of this hearing, out of it came their questions they are now raising when means you have achieved in this life. comments that he really did not an- they had every opportunity to ask I used to be pretty upset at the swer the questions. But he did answer those questions? American Bar Association when I saw the questions. Some of the questions he partisan politics being played with the did not want to answer because they By the way, that hearing was fin- standing committee that investigated may have involved issues that could ished in September of last year. Ordi- people. The perfect illustration was in come before him as a judge. And he was narily when you have a hearing—not the Bork case. Unanimously well quali- not supposed to answer those ques- always but ordinarily—the next Judici- fied when he came up for the Circuit tions. Lloyd Cutler, whom I quoted ary Committee markup, the persons Court of Appeals for DC, the same over the last week many times, says put on that Judiciary Committee court we are talking about here, and they should not answer questions that markup where you can raise anything just a few years later, found to be ‘‘well involve matters that might come be- you want to. Did they put him on a qualified’’ by a majority of the stand- fore them. markup between September and Janu- ing committee, and ‘‘not qualified’’— The Circuit Court of Appeals for the ary of this year? Not on your life. They one of the leading intellects in law in District of Columbia has a tremen- did not give him a chance. He would the history of this country? I happen to dously broad jurisdiction. It is, like the not have made it. And the Republicans know one or two of the people on there people said, the second most important then won control of the Senate. He who voted ‘‘not qualified’’ who were court in the country and in some ways would not have had a chance. So they very partisan Democrats and did not the most important court because they relied on being able to kill this nomi- want a conservative like Bob Bork on have thousands of cases that the Su- nation by never calling it up. Why the court. They won in the end. preme Court of the United States of would they want to kill a nomination Since then we have had our problems America will never hear because they of one of the brightest young Hispanic with the ABA. When I became chair- can only take 80 to 100 cases a year. So leaders in America who is totally man, I took the ABA out of the proc- it is a very important court. It is a qualified for the Circuit Court of Ap- ess, and my argument was then, and it court of last resort to many. Because, peals for the District of Columbia? I’ll is still a good argument, why let one of as I said, those cases do not go to the tell you why. It is a very simple rea- the bar associations, even though it is Supreme Court. son, to be honest with you. It is be- the largest one, and not all the other Not only did they ask questions all cause he is a Hispanic Republican, ap- ones, vote these people? If we let them day long and ask serious questions and pointed by a Republican President. all vote, we would never get through he gave serious answers—and if you They didn’t like it. And they think he the process. In fact, it takes at least 2 read the transcript, you will see that— is conservative. I don’t know whether months to 3 months for the ABA. They they had every crack they wanted. If he is or isn’t. I presume he is. I guess say they can do it in 30 days, but it is they did not have it, they could have they think he is on the fast track to generally between 35 and 60 days to do called for another day of hearing. That the Supreme Court, and I suspect their research. When the nominee would have been extremely unusual for Miguel Estrada has a chance of becom- comes up to the Judiciary Committee, a circuit court nominee, but they could ing not only the first Hispanic nominee all of that is submitted to the Senate have. They controlled the committee. on the Circuit Court of Appeals for the Judiciary Committee. There would have been absolutely District of Columbia, but the first His- Now, the chairman and the ranking nothing I as ranking member on that panic on the United States Supreme member, in particular, have staff— committee could have done other than Court. And he is not the right kind of skilled, honest, decent staff on both complain. I probably would not have Hispanic. sides—who, along with the chairman complained. But they did not do that. I am the chairman of the Republican and ranking member, go through all of They did not ask anymore questions. Senatorial Hispanic Task Force. That those materials that the FBI especially Now, after the full hearing and all of task force is made up of Democrats, has collected. Sometimes it is ex- this time it took to do that, and all of Republicans, and Independents. We tremely voluminous. If we see, in going the questions all of the Democrats didn’t worry about their political ide- through the materials, that something asked at that time—which he answers; ology. We worried about getting to- has not been answered, or something maybe, I admit, he did not answer the gether with them and seeing what we

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2171 could do to help the Hispanic commu- Way. That, as I have said earlier today, things that there is not a problem. nity. That has been an amazingly suc- is not the American way, to treat a There is a problem. In this country, the cessful Hispanic task force. human being the way this man is being Constitution of the United States, arti- I can tell you I fought very hard for treated. cle II, section 2, says that we as a Sen- Hispanics my whole Senate career, and I warn my friends on the other side, ate have a right to advise and consent for other people of color, other minori- if you are going to filibuster Miguel on nominations the President gives us ties as well. But the reason they don’t Estrada, then Katie bar the door be- for a wide variety of offices, not the like him is because he was appointed cause I know people on our side who least of which is the judiciary. by a Republican; a Hispanic appointed are going to filibuster anybody they That is something that has been done by a Republican, who is conservative, disagree with when the Democrats in this country for a long time and it they believe, and a Republican himself. have the Presidency. That will be a will continue a long time after the That is enough to give him this kind of sorry state of affairs. Estrada matter has ended. For my a rough time here on the floor of the As chairman of this committee, I friend, who has served with such dis- Senate. worked very hard to make sure some of tinction as the chairman of the Judici- But even then, they had between Sep- our firebrands did not get their way in ary Committee and ranking member tember of last year and January of this wanting to filibuster Carter and Clin- for many years, to say he thinks it is year. As a matter of fact, they had be- ton judges. And I won. I was able to unconstitutional to do what we are tween September of last year and Feb- convince people it was not the thing to doing leaves me without any logic. I ruary of this year to ask even further do. don’t understand how he could say questions if they wanted to. It would I question, under the Constitution, that. have been very improper for them to do whether you can do this. I really ques- I repeat, there is a problem with so because he had already been ques- tion it. I don’t believe you can. I think Estrada. You may not agree with what tioned. They controlled, certainly right it is outrageous to try. It is dangerous we believe is a serious problem, a up to January, the middle of January to try. And it is not fair to the first flawed nominee, but we believe there is of this year. They could have asked Hispanic nominated to the Circuit a problem. This isn’t something we any questions they wanted. They could Court of Appeals for the District of Co- have jumped into in a matter of 10 min- have had another hearing if they want- lombia, especially when they have had utes, 20 minutes, 10 hours. This has ed. It would have been highly extraor- every chance and we are now in the taken a matter of days, to take a look dinary and highly unusual, but that is 21st month for Mr. Estrada. at this nominee and to make a decision what they could have done. I guess we can learn to expect that about what we were going to do. It is partisanship. That is what is because Mr. Roberts, who is on our The majority has various things they showing its ugly face here. markup on Thursday, who is consid- can do at their disposal. We believe As chairman of the Hispanic Task ered one of the two greatest appellate there are questions he did not answer. Force in the Senate, I can tell you the lawyers in the country—Estrada is con- All nine members of the Judiciary Hispanic people in this country, the sidered one of the top appellate law- Committee who are Democrats agree Latino people, have helped to make yers, but Roberts is considered one of this man is not, for many different rea- this country what it is. The Latino the two greatest in the country and sons, a person who should go on the people are basically conservative. They that’s from Supreme Court Justices District Court of Appeals. believe in families. They believe in themselves and many others—Roberts We have heard it before, and I am re- staying together in their marriages. has been sitting here for 11 years, wait- minded of my friend, Mo Udall, a long- They believe in educating their chil- ing for approval by the Senate; nomi- time Member of Congress from Ari- dren. They believe in hard work. They nated three times by two different zona, who said: have built the railroads. They have Presidents. Everything has been said, but not everyone helped mine the mines. They have That is what we are going through. has said it. helped build our buildings. This is a big slowdown, trying to That is what has happened here. We Now we have young Hispanics such as thwart the process because they don’t have talked for days and days, and we Miguel who have gone on to profes- like President Bush. will tomorrow, and if someone can sional schools and they are making a A lot of our people didn’t care too come up with something that hasn’t difference in this country that deserves much for President Clinton. I did, but a been said by either side—I doubt it. commendation. Look what Miguel lot of the others didn’t. But that didn’t They will continue to say what has Estrada is going through for all of stop us from treating him fairly. been said in the last few days. We have that, a fellow who is fulfilling the We have taken enough time. opposition of the Congressional His- dream that America makes for us. Mr. REID. Has the Senator yielded panic Caucus. We believe, as has been Miguel deserves better than what he the floor? done with a number of other people is getting. Frankly, he is being treated Mr. HATCH. I will be happy to yield the who have been sent to the Senate by very unfairly. I, for one, am really dis- floor to my colleague. Presidents, we are entitled to the turbed by it. To filibuster Miguel The PRESIDING OFFICER. The Sen- memos he wrote when he was a mem- Estrada with the thin line of com- ator from Nevada. ber of the Solicitor’s Office. plaints they have is, I believe, going Mr. REID. Mr. President, my father- I recognize that some say that is not beyond the pale; to filibuster for the in-law, may he rest in peace, was a chi- a good idea. It has been done in the first time in a true filibuster the first ropractor, but he knew a lot about peo- past. If the majority believes this man Hispanic ever nominated to the Circuit ple’s illnesses and how people handled is as good as they say he is, why don’t Court of Appeals for the District of Co- sickness. One thing he always said—he they give us those memos? Are they lumbia because he is a Hispanic Repub- died as a young man—one thing he al- afraid he said something there that lican who they think is conservative, ways said was, when somebody says may weigh against his being a judge? I appointed by a Republican President they are sick, you believe they are do not know. But I think they protest who they don’t like. I am not saying sick. We have all said ‘‘they are not too much. all the Democrats don’t like him, but really sick.’’ When someone says they There is a problem with this nomina- the ones who are making these, I are sick, they are sick. tion. We don’t need a numbers game think, very unsubstantiated argu- This debate here reminds me of my here. But this is a filibuster. There are ments, do not. father-in-law’s statement. My friend, ways you can get rid of a filibuster: Time after time we have refuted no matter how many times the distin- Take down the nomination, and vote to their arguments in absolute terms and guished chairman of the committee invoke cloture. That is about what you they come right back and keep spewing says there is not a problem with can do. Or you can do what has been out the same stuff. The reason I went Estrada, there is a problem with suggested by the ranking member of through People for the American Way Estrada. You can say there is not. You the Judiciary Committee and the is because all of that stuff has been can have pictures of him. You can do Democratic leader in a letter sent to coming from People for the American all kinds of things, say all kinds of the President, which basically says let

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2172 CONGRESSIONAL RECORD — SENATE February 11, 2003 us have another hearing, let us ask But that is in fact why we are here. We proceed to a period of morning busi- some questions of this man, and have think there is a problem with this man ness. him submit those memos. It wouldn’t being given this appointment. Accord- The PRESIDING OFFICER. Without take very long. I assume he didn’t ing to us, he has not answered ques- objection, it is so ordered. write too many memos, but we could tions, and he has not submitted his f memos. And he is opposed by a lot of tell. I am sure they could be reviewed AMERICA UNGUARDED in a day. I am sure the hearing could groups who should be supporting him take place in a day. and don’t because they believe he is Mr. BYRD. Mr. President, as Presi- To say that this opposition is be- not a person who should go on the Dis- dent Bush gears up for a possible war cause he is Hispanic and he is a con- trict Court of Appeals. in Iraq, we have been treated to re- servative simply is not based on the The PRESIDING OFFICER. The Sen- peated announcements of troop deploy- facts. ator from Utah. ments and callups of Reserve forces. A But I accept what my friend from Mr. HATCH. Mr. President, I appre- fourth aircraft carrier battle group Utah has said. That is what he be- ciate my colleague. I agree with him; centered around the USS Theodore Roo- lieves. I know he believes that. I sub- there is a problem here. I don’t think sevelt is steaming toward the Persian mit that it is not right. He has a right there is any question about it. There is Gulf, and the Navy is reportedly pre- to believe that. As I have said before, a problem of whether we are going to pared to send up to three more carrier people have made statements over here treat a person fairly. I appreciate my battle groups to the region. Two Ma- about why they oppose Miguel Estrada. colleague in his own characteristic rine amphibious groups of seven ships That doesn’t mean that my friend from quiet and cautious and decent way. He each are also already in the gulf. Mili- Utah has to agree. But that is how peo- has outlined what he feels. tary installations around the Nation ple over here feel. Think about it. Where were the ques- are taking on an empty, shuttered feel- We have a problem with this nomina- tions during the time they controlled ing as unit after unit after unit packs tion. We are now in the throes of a fili- the Senate right up through the middle up, says goodbye, wipes the tears away buster. The majority leader has said he of January? They didn’t ask any fur- from their faces, from the faces of thinks the debate tomorrow should go ther questions. Only two Senators gave loved ones, and ships out. This is hap- for a long time. If that is what he written questions. They could have pening more and more and more all wants, that is fine. I spend all of my held an additional hearing. They did over this country. National Guard and Reserve forces legislative life here in the Chamber. I not do it. I guess they rolled the dice, have been mobilized not only to go to can spend a night or two here. It figuring they were going to win any- the Persian Gulf but also to guard mili- doesn’t really matter that much. We way, and they would kill this nomina- tary installations around the United have a lot to do. I know we have other tion no matter what happened. The States. And more and more and more, things the leader wants to do. I know fact is they lost, and now the Repub- one will look at dinner tables and at we have a very important appropria- licans are in control of the Senate, and countless workplaces, and there they tions bill that should be coming for- we want to see this man get fair treat- will see vacant chairs, vacant spots. ward in the form of a conference report ment. I admit there is a problem. But the The 300th Chemical Company, very soon. We have to do that. Constitution doesn’t say the Senate headquartered in Morgantown, WV, The other reason we may be going was ordered, on January 3, 2003, to re- through this process is that the leader should advise and filibuster these nominations. It says the Senate should port to Fort Dix, NJ, in anticipation of doesn’t want to bring any of that stuff deployment to some as yet undeter- forward. Maybe this is an excuse for advise and consent to these nomina- tions. That is a far cry from filibus- mined final destination. doing nothing. But whatever the ma- West Virginia: one State, the 35th jority leader wants to do, I understand tering. I question a filibuster in the case of State in the Union. Every Senator here the procedures here in the Senate, and judges in the third branch of Govern- can look at his or her own State and we are here because he determines ment. They are a coequal branch of see what is happening, see the same what we do on this floor. But one of the Government. thing happening as I am seeing in West things we have a right to do is take a With regard to the memos, Mr. Virginia. These troops may be gone for look, because of the Constitution of the Estrada said it is fine with him if they a year. They may be gone longer. United States, at nominations that are give up the memos. He doesn’t have Other West Virginia Guard and Re- given us. That is what we are doing. anything to hide. He is proud of his serve units have already been called As I started my brief little talk here work. But the Justice Department, in up, including members of the Bluefield- tonight, you may not think there is a its wisdom, says we don’t give up these based 340th Military Police Company. problem. But take the word of my fa- kinds of memos; it is a bad precedent, That is on the southern border of West ther-in-law. May he rest in peace. and we are not going to do it. So why Virginia, on the border with the State There is a problem. I would suggest blame Estrada for that? Why hide be- of Virginia. And then there is the Rom- there are well over 40 Democrats who hind that when Estrada isn’t the one ney-based 351st Ordnance Company. believe there is a problem. It seems to causing the problem. Romney is in the northeastern part of me that is the case; there is a problem. I happen to agree with the Justice West Virginia, a community that There are only a few ways to deal Department. I don’t think they should changed hands 56 times in the Civil with it. You can stay here and talk day give up confidential memoranda that War. after day after day and run TV ads, as could chill the work that goes on in the There, too, we see vacant chairs at they are doing right now, saying that Solicitor General’s Office. I don’t see the dinner tables. We see the families, we are anti-Hispanic. It is not going to how anybody with a straight face could the spouses with the children, spouses change the belief of people over here make that argument as much as it has who have remained behind. They and that Miguel Estrada should answer been made with straight faces today. their children bow their heads at meal- questions and that he should provide time and say: ‘‘God is great. God is his memos. f good. And we thank Him for this food. If they do not want to do that, they LEGISLATIVE SESSION By Thy goodness all are fed. Give us, can continue running their ads and Mr. HATCH. Mr. President, I ask Lord, our daily bread.’’ having to stay here late at night—stay unanimous consent that the Senate And the same scene is repeated and here all night, and have us stay here now return to legislative session. repeated in Kansas, in Florida, in Cali- during our vacation. When I say ‘‘vaca- The PRESIDING OFFICER. Without fornia, in Washington, in Oregon, in tion,’’ as everyone knows, they are not objection, it is so ordered. Virginia, in South Carolina, in North vacations; we go back to the States f Carolina, Pennsylvania, New York, and work. But we are here. We have Massachusetts, and on and on and on. signed onto this. We as a matter of MORNING BUSINESS And pretty soon it adds up. principle oppose this nomination. Peo- Mr. HATCH. Mr. President, I ask Then there is the Kenova-based 261st ple may disagree with our principle. unanimous consent that the Senate Ordnance Company and the Bridgeport-

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2173 based 459th Engineer Company. Kenova Military and political tensions in ereign nation that has not attacked is down near Huntington in southern South Korea are as high as they have our own country? Benjamin Franklin, West Virginia. Bridgeport is adjacent been at any time since the Korean war. what would he say? to Clarksburg in the north central part I remember that Korean war, yes. Here What would David Brearley say as he of West Virginia. we are, a half century later, with thou- looked about him and saw few Senators Everywhere one looks, one sees these sands of our American fighting men discussing the greatest issue of all—the men and women departing, leaving—to and women still there looking across issue of war and peace? What would return when? We know not when, and the divided country that separates James Wilson say? What would John in some cases perhaps never. South from North Korea. Over 51,000 Dickinson say? What would Thomas West Virginia Army National Guard U.S. personnel live in South Korea, in- Fitzsimons have to say about it? What members have been recalled to active cluding 35,654 active duty military per- would Abraham Baldwin or William duty, as have members of the Charles- sonnel. I visited there when Syngman Few say about it? These were signers of ton, WV-based 130th Airlift Wing and Rhee was President. I visited the Korea the Declaration of Independence. the 167th Airlift Wing in Martinsburg. Parliament. Men wore overcoats in the Would George Read have any questions So over and over and over again, we Parliament. It was cold. Can you imag- to ask? How far have we fallen short of see this happening, day after day after ine men and women seated in this the expectations of those who framed day. Chamber in their overcoats? It is the this Constitution? Here it is. I hold it West Virginia is playing an active dead of winter, isn’t it? Yes, it is. in my hand. There were 39 signers. How role in our Nation’s military oper- Some 6,900 U.S. forces remain in Bos- about John Langley? Rufus King; ations, and the story is the same in the nia as part of the NATO Operation would he rise to his feet and have any- other 49 States and the District of Co- Joint Force. By mid-February, by this thing to say? What would Nathaniel lumbia around the Nation as, week short count, 201,554 American service Gorham and Nicholas Gilman say after week after week, small town personnel will be far, far away, far about this? newspapers display the smiling por- from home, far from the lights of Would they say: Awaken, awaken, traits of guardsmen and reservists home, far from the warm fireplaces of take to the ramparts. In musical called into the active service of their home, far from the sisters and brothers terms, the operational tempo of the U.S. Armed Forces has moved from country. and mothers and fathers and wives and I suggest to other Members of the adagio, which is slow, to allegro, which children and husbands and children en- Senate that they take a look at what is is fast, and is rapidly moving to gaged in dangerous missions around happening within the borders of their prestissimo, as fast as possible, or too the globe. This figure does not include own States, the States they represent fast. in this great Chamber, and they will forces permanently stationed in Eu- No one wants our military to go to see what I see when I look at West Vir- rope, Japan, and elsewhere but those war without the resources that it ginia. on temporary deployment. These de- needs, and we will certainly do every- Even the Coast Guard is sending 8 of ployed troops will be supported by thing within our power if our forces are its 49 patrol boats and two port secu- many more military forces based in the sent into war by the executive. The rity units—some 600 personnel—to the United States. Senate has attempted to wash its Persian Gulf. By mid-February, some And how much are we debating that? hands of the matter and hand the mat- 150,000 or more service personnel are Little is being said. Scarce to nothing ter over to the President of the United expected to be in the Persian Gulf re- is being said on the Senate floor as we States: Here it is; it is all in your gion, with the total expected to top prepare to go to war in all likelihood in hands. We have relegated ourselves to 200,000 by early March—not even a a foreign land. Little or nothing is the sidelines. Yes. No one wants our month away. being said in this Chamber or in the military to go to war without the ad- These new deployments to the Per- other Chamber about what may happen vantage of overwhelming force. But in sian Gulf come on top of many other at home once the attack upon Saddam this new era of terrorist attacks in the ongoing military operations around the Hussein is unleashed. Are we under a homeland, I have some concerns that globe. Approximately 9,000 U.S. service gag rule? What is going on? I can we are leaving America unguarded as personnel remain active in Afghanistan scarcely believe my eyes and my ears we attempt to initiate and sustain so battling Taliban forces and continuing when I look about me. I sometimes say many military operations overseas. to root out Osama bin Laden’s fol- to someone, pinch me, pinch me. Is it Oh, yes, we see the national alert, lowers. We spent $27 billion in Afghani- real? the orange alert. Well, the forces that stan. Now we have upped that by an ad- What has happened to the U.S. Sen- remain here to protect the American ditional $10 billion; 27 plus 10, that is ate, this great forum, the greatest people are fast dwindling. How long be- $37 billion that the war in Afghanistan upper body in the world, the U.S. Sen- fore they dwindle more and more and and the adjacent region has already ate? What has happened? What would more? Yet we are on ‘‘orange alert.’’ cost, $37 billion; $37 for every minute the Framers think if they could come Where are the policemen, the National since Jesus Christ was born; $37 billion back and see this Chamber, austere, Guardsmen, the reservists, the fire- spent in Afghanistan and the region. practically vacated? Of course, they fighters, and the schoolteachers—those And where is Osama bin Laden? knew nothing about television in their all about us in our daily walks as citi- Where is he? Thirty-seven billion dol- day. They didn’t know that a few Sen- zens? More and more, we look to the lars? Yes. And has the countryside ators could sit back in their offices be- right and then we look to the left and been subjugated? No. Only the city of cause they didn’t have the kind of of- we see a vacant spot here and there. Kabul, perhaps in the daytime. fices that we have in our day either. Yet we are on orange alert. Where are I went to Kabul 48 years ago with a But what would those Framers think? those who are to guard this country codel from the House of Representa- What would the 39 signers of the Con- when it is on orange alert? Where are tives, flew up the Khyber Pass in that stitution of the United States think if they? landlocked country, Afghanistan. they could sit in these galleries and I am not alone in thinking our coun- There it is today, the same country, look down upon this Chamber today? try is vulnerable to another massive landlocked, still ruled by tribal men What would George Washington have terrorist attack. On Friday, Attorney warring with one another. to say about that? What would James General Ashcroft and Homeland Secu- Approximately 9,000 U.S. service per- Madison have to say, or John Blair rity Secretary Ridge announced to the sonnel remain active in Afghanistan, have to say? Or Charles Cotesworth Nation that credible, corroborated in- battling Taliban forces and continuing Pinckney, what would he say about telligence reports required an increase to root out Osama bin Laden’s fol- that? What would Hugh Williamson in the homeland security alert level. lowers. Yes, there it is. American serv- have to say? How would he feel about Yet look about you, and everywhere to ice men and women all around the it? How would Benjamin Franklin the north, east, west, and south one globe, around that globe around which gauge the situation if he saw the U.S. sees line after line, busload after bus- Jules Verne wrote that great novel, Senate today as we are about to pre- load, planeload after planeload of Na- ‘‘Around the World in Eighty Days.’’ pare to launch an attack upon a sov- tional Guardsmen, reservists, men and

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2174 CONGRESSIONAL RECORD — SENATE February 11, 2003 women leaving their spouses, their is out of it, and his legions have been going somehow. I think this Senate children, shedding their tears, going conquered and decimated and de- ought to debate it. I think we ought to away—miles away, hundreds of miles stroyed. Just a video game. talk about it in this Senate. What away, thousands of miles away across I sometimes pinch myself as I sit would those Framers say if they could the seas. When will they see one an- down and watch the television. I won- see the Senate today, tucking its tail other again? der, can it be real that these people between its legs and running away In light of this danger, it is almost who have never shot a shot in their life from this, the greatest issue of our bizarre that our military continues to probably—I cannot complain about time: War and peace. run at full tilt to ready for war in the that; I have not shot a shotgun either— Nothing is being said about it. Are Persian Gulf. It is as if two ships are but they are all for going to war. What we afraid to ask questions? Is it unpa- passing in the night—one filled with do they have to lose? I do not know. triotic to ask questions? I say to these our soldiers headed for the hot sands of But I wonder what is happening in our pages—we have a new flock of pages the Arabian Peninsula, the other car- country today when everything is bent and they are all these fine young peo- rying terrorists headed for our shores. for war. ple who come into this Chamber. They Time after time, this administration Turn on the television set. The first are such wonderful young people—I say and its Department heads have put this television set we had at my house was to them: What did you think before Nation on alert. If the risk to the in 1955. I was in my third year in Con- you came here? Did you expect to hear American people were not so great, the gress, my second term, and went home some great debates about the greatest situation would be almost comical. one afternoon, took some mail with me issue of our day, our time? Did you If an attack strikes a city in the and was sitting after supper—we still think you were going to come here and United States, who will respond? Gov- think in terms of supper at my house, hear about the problems of war and ernors might wish to call out the Na- not dinner. We do not wear these mon- peace? Are you disappointed? Have you tional Guard in order to respond to an key suits, certainly not as much as we been disillusioned? You are not hearing attack and restore order, but will any used to. So we do not put on these it, are you? Here we are silent. units be left to pick up the phone? The fancy suits and go out to dinner at Is it deemed to be unpatriotic to ask military’s only mobile chemical and bi- night. questions? The American people out ological laboratory has deployed to the There I sat. I was signing my mail, there want us to ask questions. How Persian Gulf. Chemical decontamina- and my wife and I sat there with our much is it going to cost? We have al- tion units, like Morgantown, West Vir- two daughters. She said: Robert, what ready spent $37 billion now through the ginia’s 300th Chemical Company, have do you see? Take a look around the end of last December in Afghanistan, in been called up and shipped out. Gone. room. What’s new? I looked around the that region. Where is Osama bin The vacant chairs are still there. The room. And there it was—a black-and- Laden? Where is he? $37 billion. He was vacant pews in the local churches are white television set, 1955. wanted dead or alive; $37 billion and That is the year when the House of still there. But the men and women are still no Osama bin Laden. Now our Representatives passed legislation pro- gone. Many of our Nation’s policemen, troops are going to be sent to a foreign viding that the words ‘‘In God We firemen, and other first responders are land, some of whom will die, will have Trust’’ will be on the currency of this members of the National Guard and country—‘‘In God We Trust.’’ Those their blood shed in the hot desert sands Reserves. They have been called up, words were already on some of the sil- of a foreign country. And how many and they have been shipped out, leav- ver coins, but we passed legislation in people there will die? How many men ing one important national security that year, 1955—it was June 7, 1955, and women and children, little chil- job for another. when we passed legislation providing dren, boys and girls, will die unless we It would be a mistake to assume that that the words ‘‘In God We Trust’’ are lucky and the bullets do not fly? these troops would soon return home Our troops could be forced into a wild would be on our currency. Here it is. It after defeating Iraq in battle. We may is right on there. Here it is on the $1 goose chase for Saddam Hussein, just be lucky, pray God. The supreme fact bill, with the greatest President of all, as Osama bin Laden has eluded our in this universe of universes is a Living George Washington. There it is on that grasp for the last 14 months. We could God. Men can study and plot and plan bill. get lucky; we could win the war in a all they want to as to what created this That was June 7, 1955, and on June 7, matter of days. Saddam Hussein could Earth, created the universe, and cre- 1954, we had passed in the House of be served up to us on a silver platter by ated man, and come up with this idea Representatives legislation adding the his generals who are desperate to save and that thesis and that hypothesis, words ‘‘under God’’ to the Pledge of Al- their own lives. But is that the end of one after another. But the remaining legiance. the story? That is not the end of the supreme fact is that there is God. I There we were, sitting around my liv- story. Someone will have to occupy hope God will give this country the ing room. I turned on that black-and- Iraq and purge the government of the good judgment, the wisdom it needs in white television set. Ah, I wish I could Baathist Party elites who might wish the days ahead. We may be lucky. It call those days back. There was Jackie to succeed one dictatorship with an- may all be over in a day or two. Some- Gleason and ‘‘The Honeymooners,’’ other dictatorship. Someone will have one may be able to talk to Saddam really a wholesome, fun picture. Then to calm the situation in the North Hussein and get him to leave and go there was Matt Dillon in ‘‘Gunsmoke.’’ where the Kurds might seek to form somewhere else. Who knows? But sup- And there was Elliott Ness in ‘‘The Un- their own country, which is a serious pose we are not lucky. touchables.’’ Those were the days, concern for our ally Turkey. Saddam Hussein’s military is not as black-and-white television. If the United States goes forward strong as it once was, but there is still Anyhow, I turn the television on now with a war with only token support the looming specter that one sees at in the evenings, when I can bear to from some of our allies, it is not hard night when the shades of darkness have look at it for a little while, and the to see that we will also bear the great- fallen. One hears the rustling robes of same old story over and over is just est burdens in the occupation of Iraq. night, those sable robes. One sees the beating into my ears; this go to war, Who knows that it is going to be all specter, the possible specter of hand to this beating the drums of war. That is that easy? hand to hand, building to building to going to be a game. We hear that the They should sit down in front of their building, block by block by block, game is over. This is not a game, as the television set tonight, as they listen to street fighting in the megalopolis of French President reminded our own. those talking heads as they gloss over Baghdad. That could become real. This is not a game, and it is not over. the serious question of war and peace Then what will those who seem to be But there I hear it every night over and they talk about going to war as impelled to drive our Nation into war and over and over and over again. That though it were a video game. say, those who seem to look upon this is all the American people hear, this Somebody is going to die. America forthcoming trial as but a video game? ‘‘going to war’’ theme. has lost men and women in wars, large We press a button here, press a button I hope we will be lucky. I hope we and small, over these 215 years since there, poof, it is gone; Saddam Hussein will be. I hope we will find a way out of ours became a republic. People always

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2175 die in war. Have we discussed this one? to 200,000 troops and cost $12 billion to problems. Realignment of Reserve and Have we debated it? Have we asked the $50 billion per year for 5 years, perhaps Active Forces might make sense for questions our people expect us to ask? more. fiscal year 2004, but what are we going Suppose we get into a war and it does Who knows what the ultimate costs to do about the problem today? What not go well. Suppose it turns out to be will be—$200 billion, $300 billion, $500 needs to be done to prepare for 10 years something other than a video game. billion, a trillion? Add up all of the down the road? I will not be here. Then our people back home will say: costs. So long as this occupation con- You may not be here or you may be Where were you? tinues, how is the National Guard sup- here, Mr. President. But that problem The first question that was ever posed to help our States in the home- will face this country. Years will come asked in the history of mankind was land security mission? Our police and the years will go, problems will asked in the Garden of Eden, in the forces can hardly pick up the slack. come ever nearer. Let us start by ask- cool of the day, when God searched for They are already working full tilt, per- ing some tough questions. Adam and Eve and He asked the first forming the myriad tasks that keep Do we need more Active-Duty forces question that was ever asked: Adam, our streets and schools safe 24 hours a to do everything that the President is where art thou? Old Adam and Eve day, with crime increasing 7 days a asking our military to do? If so, can we were over behind some bushes, wearing week, 52 weeks a year. increase our recruiting to find more some fig leaves, trying to hide from Just because the threat of terrorist Americans who are willing to serve in God. activity is higher does not mean that the military? Do we want to go back to No, one cannot hide from God. One run-of-the-mill villains go on vacation. the draft? That question may come cannot hide from the Creator. And we Just because Osama bin Laden is still ever closer. will not be able to hide from our con- on the loose does not mean that the While the White House is prepared to stituents if this war goes sour, if it John Allen Muhammeds of the world dedicate ever greater sums to our mili- goes south. They will ask: ROBERT will decide not to go on random nation- tary, have we underestimated the man- BYRD, where were you when they voted wide shooting rampages. power requirements for the war on ter- to turn this matter over to the Com- At a time when port security has be- rorism or for nationbuilding in Afghan- mander in Chief, turn it over to the come increasingly important, and in istan or for a war in Iraq or for main- Chief Executive, hand it over to him which we have learned what a tiny taining our security guarantees to and wash your hands? Were you there, fraction of incoming ships and con- South Korea? Let us not shy away from ROBERT? Did you wash your hands on tainers are being searched for weapons asking these questions simply because that day? Where were you? of mass destruction, the Coast Guard is we are afraid of honest answers that We will be asked the question. I kind reducing its interdiction capability by could expose a weakness in our mili- of hate to look at myself in the mirror sending one-sixth of its patrol craft to tary planning. and ask myself that question, Where the Persian Gulf. Our States, cities, and towns are in a were you when you turned your back How many more Haitian refugees will homeland security crunch. Security de- on the Constitution of the United be able to land on our shore? How mands are increasing. State budget States, which says Congress shall have many more drug shipments will make deficits are soaring. Ask the Governors power to declare war? Did you turn it in? How many ships in distress will of this land about their budget deficits. that over to the President, ROBERT have to wait to get help? How many Ask them about the shortfalls within BYRD? Did you vote to turn that au- terrorists will be able to land on our their own States. Perhaps the home- thority over to the President? If you shores? One key problem, in trying to land security crunch could not have did, did you sunset it so that that same balance the demands of States for Na- been avoided completely, but its effects power would not be in the hands of the tional Guard to perform homeland se- could have been mitigated. next President? No, the Senate did not curity missions with the deployment of In November 2001 I offered a $15 bil- even want to sunset it. guardsmen to deal with international lion package to address urgent home- What would those Framers say to us? crises in Afghanistan, Iraq, and per- land security needs. Did the White Where were you? You stood up at that haps elsewhere, is that the military re- House support it? Did the White House desk, put your hand on the Bible, and serves are the well from which the Ac- support that package? No. This White said you would swear to support and tive-Duty Forces must draw for units House opposed it. defend the Constitution of the United with unique skills. If the military In December 2001 I proposed $7.5 bil- States against all enemies, foreign and needs large numbers of military police, lion in homeland security funds. Did domestic. Where were you on that day? engineers, or civil affairs specialists, it the administration support that? No. If the United States goes forward has no choice but to draw from the Re- The administration shaved that down with a war with only token support serve components. to a fraction of its size. Wouldn’t our from some of our allies, it is not hard Our military is arranged so that the communities be better prepared today to see that we will also bear the great- Active Forces alone simply are not for the current terrorism warnings, for est burdens in the occupation of Iraq. able to carry out long periods of con- the current orange alert, if those funds Then look in the shadows, look into flict or peacekeeping missions. The De- had reached our communities more the shadowy mists halfway around the partment of Defense has announced than a year ago? world, and see what is there. North that it will seek to realign some units With the homeland security crunch Korea, with its nuclear programs. Now so that our Active-Duty Forces will be now affecting virtually every State in we are becoming a little afraid of Iran. better able to perform specialized mis- the Union, one would think that we We are becoming wary of Iran, which is sions without drawing so heavily from should have learned a lesson. Have we? third in the forces of evil that have our citizen soldiers. But would the Just last month I offered a $5 billion been named. Are they next? Framers have questions about how this amendment to H.J. Res. 2, the fiscal The Department of Defense has so far will be done? How will it be done? Will year 2003 omnibus appropriations legis- been reluctant to hazard a guess at the 300th Chemical Company be ripped lation to fund these programs that the how many troops might be required out from its home in West Virginia and President had authorized in earlier leg- and how long their mission might last. sent to a military base hundreds or islation. Did the White House support Perhaps those numbers—we are talking thousands of miles away? If so, on my amendment? No. The White House about a postwar Iraq, a post-Saddam whom would Governor Weiss of West opposed that amendment, terming it Iraq. The Department of Defense has Virginia then call if a chemical attack ‘‘new extraneous spending.’’ How about been reluctant to hazard a guess at were to occur in my State? that? how many troops might be required Each Senator should ask themselves My opinion differs from that of the and how long their mission might last. the same question about their own White House. I believe that providing Perhaps those numbers are too alarm- State. The President has repeatedly funding for programs that have been ing to discuss at this point, but one said our country is in this war on ter- requested and authorized, and which British think tank has estimated that rorism for the long haul. We should not are critical pieces of homeland secu- occupation of Iraq may require 50,000 seek Band-Aid solutions to important rity, is just as critical as going for the

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2176 CONGRESSIONAL RECORD — SENATE February 11, 2003 public acclaim that comes from pro- a plane in Chicago to come to Wash- dispersed, and the road to victory is much posing a bureaucratic reorganization. ington and we were grounded because less clear? Words, and promises, need to be of mechanical difficulties. Because of We who are privileged to be leaders of backed up with the money to make the delay in that flight, it was impos- NATO countries must make sure that the an- swer to that question is yes. The world of the those words a reality. Empty promises sible for me to make the rollcall votes. 21st Century and each of our nations will be and hollow rhetoric, no matter how As I said earlier, I would have voted af- much safer if our alliance becomes not just stirring, how bedecked in flags and firmatively on all three of President larger but stronger, united around shared bunting, will not protect our families, Bush’s nominees who came before the principles and the need for a common de- our neighbors, and our fellow citizens. Senate last night. fense to the uncommon new threats that now Iraq is not the only crisis on the Mr. BIDEN. Mr. President, as you face us all. American agenda. Hundreds of thou- know, yesterday the Senate unani- This process might best begin with some sands of troops are shipping out for dis- mously confirmed the nominations of family therapy, since we have been acting tant lands while the threat of ter- John R. Adams to be a judge for the too often in recent years like a dysfunctional family. rorism is growing here at home; while United States District Court for the Let me begin with our side of the family. the Nation, for the first time, is being Northern District of Ohio, S. James Since NATO’S inception, the strength of our put on orange alert. Otero to be a judge for the United alliance has always depended on American These troops have our support and States District Court for the Central power. But America’s power to lead has al- our prayers for their safe return. The District of California, and Robert A. ways depended on America’s ability to lis- families they leave behind also need Junell to be a judge for the United ten. During the last two years, the American the very best that we can do for them. States District Court for the Western administration has turned a deaf ear to Eu- They need our prayers, and they need District of Texas. I was in Delaware rope. Some in America have sent the mes- sage that they see NATO and its member more than our prayers; they need to meeting with constituents and, accord- countries as a rubber stamp for the crisis have programs designed to improve ingly, was unable to attend yesterday’s that matters most to the United States at their safety and security funded and votes. I wish to note for the RECORD, the moment, instead of a multilateral alli- implemented, not put on hold. however, that I would have voted in ance of nations who listen to each other’s Having lost the $5 billion, then I favor of all three nominees yesterday, concerns. sought to come through with a $3 bil- having voted to report favorably their But I assure you that most Americans un- lion homeland security amendment. nominations from the Judiciary Com- derstand that America is not an island; it is The same thing happened. mittee last week. part of an interconnected world. No matter I hope the view from the White House how mighty a country’s army or how large f its treasury, vigorous and resilient alliances will expand to focus, not just beyond built on mutual respect are essential to se- our shores, but also within our shore- SENATOR LIEBERMAN’S REMARKS TO NATO ALLIES curing the peace and making the world a lines. We must not leave America un- safer place. guarded. Mr. DASCHLE. Mr. President, last At the same time, we Americans are upset The PRESIDING OFFICER. The Sen- weekend in Munich, our colleague, that so many Europeans seem so much less ator from Nevada. Senator LIEBERMAN, gave a remarkable anxious about the new threats of terrorism, Mr. REID. Mr. President, the Senator speech to the annual Wehrkunde Secu- rogue nations, and weapons of mass destruc- from West Virginia has had a cold the rity Conference. Alliances have con- tion than we are. We accept the fact that for last week or so, so we have missed him tributed to America’s strength since more than 50 years, U.S. leadership of NATO and our unique role in the world has meant in the Chamber. It is good to hear you the end of World War II, and Senator that our security responsibilities have been have your voice back and are gaining LIEBERMAN, like many of us, has more global than Europe’s. While we worry your strength. It is good to sit and lis- watched with concern as those alli- about missiles in North Korea or conflict in ten to you. ances have weakened over the last 2 the Taiwan Straits, Europe has mostly been I have had a lot of good education. As years. He makes a compelling case on able to focus on securing its own borders. I said once in a debate in the Senate why those alliances remain vital to our But if September 11th has taught us any- Chamber—we were talking about the security and why it is important that thing, it’s that none of us can retreat behind distinguished Senator from Maryland, the administration redouble its efforts borders—because terror recognizes no bor- ders. In today’s world, enemies of freedom who is a Rhodes scholar. It was a col- to strengthen those alliances. anywhere are a threat to safety everywhere. loquy between the Senator from West I ask unanimous consent that the I understand why the heavy hand from Virginia and the Senator from Mary- text of his speech be printed in the Washington has lately been seen less as a land. I interrupted, with the consent of RECORD. source of protection and more as a cause of the Chair, and said: I am not a Rhodes There being no objection, the mate- resentment. But I’m here today to argue for scholar; I am a Byrd scholar. And I rial was ordered to be printed in the your enlightened self-interest. Robert Kagan really am. I appreciate the Senator’s RECORD, as follows: rightly asks: why should free people—citi- zens of our closest European allies—seem remarks. He always pushes to better ‘‘HALTING THE CONTINENTAL DRIFT AND REVI- more worried about America than about ter- TALIZING THE U.S.-EUROPE RELATIONSHIP’’ things. Better parts of us come out rorism—more anxious about Bush than when you lead us. I appreciate very (By U.S. Senator Joe Lieberman; Feb. 8, 2003) about bin Laden? much the Senator’s statement. REMARKS TO WEHRKUNDE CONFERENCE (AS We must urgently and honestly confront Mr. BYRD. Mr. President, I thank PREPARED FOR DELIVERY) and resolve the differences that now divide the distinguished whip for his com- We come together in trying times with an us. If we fail to, the current continental drift ments. I thank him for his work that urgent responsibility: to fortify our trans- will become a permanent rift, and we will all he performs here daily for his country, atlantic alliance, which has vanquished risk losing much more than family harmony. for his State, and for his colleagues in many foes, spawned many democracies, and We will endanger our common security and the Senate. promoted many freedoms—but is now strug- future prosperity. And the world will lose its gling to find a common voice in the face of most reliable force for freedom and stability. Mr. REID. I thank Senator BYRD very many dangers. THE ANATOMY OF OUR DISHARMONY much. The growing reach of NATO and its prin- We NATO allies still share three basic f ciples belies a disheartening truth. In a bonds, as we have since the beginning: com- world facing new and evolving threats—ter- VOTE EXPLANATION mon values and aspirations, common en- rorists, rogue regimes, and Weapons of Mass emies who threaten those values, and com- Mr. DURBIN. Mr. President, before I Destruction—NATO is split, and risks not mon fates should we fail to work together. only becoming the shell some predicted it address the issue of Miguel Estrada, as That those bonds are being weakened is an would be after the fall of the Berlin Wall... a matter of personal privilege, I note I urgent threat that we must confront and re- but a dangerous stumbling block to a safer missed three rollcall votes last night solve without delay. on the three judicial nominees. I would world. The big question before us today is not THE WORLD WE SEE have voted in the affirmative on all who will join NATO or whether NATO will The first wedge between us is in the way three nominees. The reason for my ab- field a rapid response force, but instead, can we see the world and its newest problems. sence has to do with the fact—and I am our alliance survive a world in which our en- Prime Minister Blair put it well when he holding two boarding passes—I boarded emies are less defined, the dangers are more said recently: ‘‘The problem people have

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2177 with the U.S.—not the rabid anti-Americans command. The third is from 1981, during the As I said a few moments ago, we have but the average middle ground—is not that, Siberian Pipeline Crisis. The Fourth is from heard the European complaints that NATO for example, they oppose them on WMD or 1986 during the debate about deploying inter- has been ignored by the United States. But international terrorism. People listen to the mediate nuclear missiles in Europe. now President Bush has come to NATO and U.S. on these issues and may well agree with Like any good dysfunctional family, we’ve asked for the alliance to help in disarming them; but they want the U.S. to listen hurled invectives and insults across the At- Iraq. While we are very grateful that most back.’’ As an American, I believe we haven’t lantic intermittently for more than 50 years. member nations have responded positively, and we must—and many of my fellow Ameri- But the difference is, leaders on both sides two of our closest and most important allies, cans agree. have always in the past worked to douse the France and Germany, have resisted NATO Consider global warming. America is the rhetorical flames, not fan them. It’s time we requests and taskings. That hurts. The single biggest global contributor to the prob- return to that shared compact. Now, more NATO alliance itself made possible the his- lem. Americans know it, and in strong ma- than ever, words have consequences. toric reconciliation between Germany and jorities consider global warming to be a seri- HOW AND WHEN WE FIGHT France. I would hope the shared principles ous problem. Yet the Bush Administration The last and most serious area of conten- that led to that reconciliation would be re- turns a deaf ear to American opinion and Eu- tion is when, why, and how we commit our membered now. ropean pleas to do something about it. military might to protect our people and In the interest of our security and our It is also clear that the Bush Administra- principles. unity, I want to urgently appeal to all NATO tion’s precipitous withdrawal from the long- We Americans must recognize that no mat- nations to rise to help the U.N. and the U.S. term efforts to build an International Crimi- ter how strong our military or our economy, meet the threat posed by Saddam Hussein. nal Court and strengthen the Nuclear Test we still need help. Defeating the dangers Thousands of years ago, Sophocles told the Ban Treaty. Again, in large numbers the arrayed against us requires more than the Greeks, ‘‘What you cannot enforce, do not American people support joining the court forced compliance of our European allies; it command.’’ The contemporary corollary of and improving the Test Ban Treaty. Even requires a genuine partnership. that axiom is: what the world through the with imperfect world agreements such as Regrettably, over the past two years, the United Nations commands, it must enforce— these, removing our nation and our priorities Bush Administration has too often kept our or the judgments of the U.N. will lose their from the global conversation creates an un- European friends at bay. NATO’s invocation force, and the world that we and you live in necessary breach with our allies. of Article 5, declaring the September 11th at- will grow much less secure. If some in America have viewed the world tacks an attack on us all, was a powerful and Our friend Joe Joffe, editor of De Zeit, has said with characteristic insight and edge: with blinders on—blocking out all concerns moving act of solidarity and sacrifice. But ‘‘We are now living through the most critical except our own—some in Europe seem to us the Bush Administration failed to grasp watershed of the postwar period, with enor- unable to see threats that stare you and us NATO’s outstretched hand in Afghanistan, mous moral and strategic issues at stake, right in the face. and that was a mistake. When we made the and the only answer many Europeans offer is For example, when we speak of the terror- war our own, the subsequent peace became to constrain and contain American power. So ists as evil—and of Saddam Hussein as a dan- far too much our own as well. by default they end up on the side of Sad- gerous tyrant and torturer who has viciously The Administration’s declaration of its dam, in an intellectually corrupt position.’’ murdered his own people, we are puzzled why policy of military preemption has also un- derstandably and unnecessarily raised anxi- I respectfully suggest that the nations of many Europeans recoil at those descrip- Europe define their positions on Iraq inde- tions—which, to us, are thoroughly justified eties in Europe and throughout the world. It made no sense to publicly announce this doc- pendently and affirmatively—not in reaction by the facts. to America or its President. As you know, I Terrorism is not just America’s problem. trine without offering our friends and foes alike clarification as to how and when the am a Democrat. In fact, I’m a Democrat We know full fell that Europe has known seeking to replace George Bush in the Oval more than its share of terror, so we don’t policy might be exercised. The fact is, the United States, like most countries in the Office. But he and I agree on the danger presume to preach. But Al Qaida and its ilk posed by Saddam and the need to do some- consider all of our people as their enemies world, has always reserved the right to use force to prevent an attack against its people. thing soon to eliminate that danger to us, to and targets—because all our nations rep- you, and most immediately to his neighbors resent the values and the way of life they But some policies are best left undeclared, to be announced only when it is necessary to in the Arab world—as do most other Demo- hate. They also seek to inflict pain upon crats, Republicans, and Independents in the moderate Muslim regimes. The fact that implement them. In the case of pre-emptive military action, that ought to be rarely. U.S. citizens from more than 70 countries—in- In fact, five years ago, after Saddam eject- cluding many Muslims—died in the attacks But it takes two hands to tear a seam. And the fact is, the hand of the Bush Administra- ed the U.N. inspectors, JOHN MCCAIN and I on the World Trade Center is more than a gave up on containment and introduced the symbolic reality. If we cannot cement our al- tion has been assisted by the hand of many in Europe in tearing the seam that has Iraqi Liberation Act, which, when it became liance in our own minds, let the hatred of law, made a change of regime in Baghdad of- our terrorist foes for all of us do it for us. united us for more than a half century now. Rather than coming together with one ficial U.S. policy. You might therefore say WHAT WE SAY voice to enforce United Nations Resolutions that, when it comes to Iraq, President Bush Second, the differences between us have all have supported to disarm Saddam Hus- is just enforcing the McCain-Lieberman pol- been exacerbated by the words we use to de- sein, we hear many reflexive notes of discord icy. scribe each other. Along the way, honest pol- from Europe. Rather than consent to the use The facts here are stark and even more icy differences and critiques have given way of force when all other options have been ex- clear after Secretary Powell’s chilling and to caricature and hyperbole. hausted, important parts of Europe have convincing testimony at the U.N. on Wednes- We in America should work for a strong pulled back from our shared responsibility to day. For twelve long years, Saddam has and united Europe, not divide it with our put military muscle behind our policies to flaunted every attempt to get him to keep words. There is no ‘‘old Europe’’ separate protect our security. his promise to disarm and instead has con- from a ‘‘new Europe.’’ A Europe divided was And the transatlantic gulf between mili- tinued building weapons of mass destruction. the incubator for mankind’s bloodiest cen- tary capabilities doesn’t help us overcome If we shrink from challenging his defiance, tury. A Europe united provides the best hope this rift. We all know that Europe has grown we will not only leave a ticking time bomb for a more peaceful and secure future, for too dependent on American strength, and ticking, we will have undermined the re- you and us. that that dependency undermines our part- maining credibility of the United Nations, And when Europeans caricature America nership. I understand that Europe is focused and further diminished the power of NATO and its leaders as naive or ignorant ‘‘cow- today on the remarkable challenges of fin- to protect the peace of the world. boys,’’ it offends Americans—even some of us ishing the peaceful integration of Europe, CONCLUSION who hail from a place far from cowboy coun- new membership in the E.U., the Euro, and a The battles against tyranny, terrorism, try called New England. The point is: we constitutional convention. and weapons of mass destruction, and for should challenge each other’s policies, not But as John Lennon once said, ‘‘life is freedom, opportunity, and security, are the personalities, and question each other’s deci- what happens to us while we’re making other great causes of our time, and the greatest al- sions, not motives. plans.’’ Global terrorists are not waiting for liance of all time must lead the way in win- Europe and America have often had our our European allies to complete their domes- ning those battles. differences. Just think about these news tic work before planning their next attacks— More than forty years ago, on the Fourth headlines about U.S.–European disputes: and it’s not enough for Europe to rely upon of July, 1962, President Kennedy spoke at ‘‘Allies Complain of Washington’s Heavy the military might of America to ensure its Independence Hall in Philadelphia. His words Hand,’’ ‘‘France to NATO: Non, Merci,’’ own safety. It’s time for Europe to take echoed the covenant of our American Con- ‘‘U.S. Declares Economic Warfare on Allies,’’ more of its own responsibility. The new stitution, and should guide us now in our and ‘‘Protesters Rally Against American NATO rapid response force, authorized at Transatlantic relations. ‘‘Acting on our own, Arms Plan.’’ As former President Clinton last year’s Prague summit, is a start in a by ourselves, we cannot establish justice once reminded us, the first of these headlines better direction. But it is only a first step. A throughout the world; we cannot insure its is from the Suez crisis in 1956. The second is deeper commitment and more money must domestic tranquility, or provide for its com- from 1966, when France left NATO’s military follow. mon defense, or promote its general welfare,

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2178 CONGRESSIONAL RECORD — SENATE February 11, 2003 or secure the blessings of liberty to ourselves The subcommittee found that, in ecutives. According to the report, the and our posterity. But joined with other free 2000, Mr. Lay began using what one average size of these loans was 10.7 mil- nations, we can do all this and more.’’ Enron board member called an ‘‘ATM lion in 2001, and the total amount of Americans and Europeans are proud peo- ple—and justifiably so. We both want to con- approach’’ toward his credit line, re- lending exceeded $4.5 billion. The re- trol our own destinies. We both want to peatedly drawing down the entire port also points out that when com- shape our own futures. But neither one of us amount available and then repaying pany loans to purchase split dollar life can let pride or politics block the unity by the loan with Enron stock. Records insurance, described later, for cor- which we will all achieve greater security, show that Mr. Lay at first drew down porate executives are included, the per- freedom, and prosperity. Our values are the line of credit once per month, then centage increases to over 75 percent. shared. Our fates are interlocking. We will every 2 weeks, and then, on some occa- When short-term company loans allow- rise or fall together. And when we rise, the terrorists and ty- sions, several days in a row. ing executives to exercise stock op- rants will fall. America still needs Europe, In the 1-year period from October tions are included, the percentage tops and Europe still needs America, and it is 2000 to October 2001, Mr. Lay used his 90 percent. time that all the leaders on both sides of the company credit line to obtain over $77 The list of companies issuing these Atlantic started acting in a way that says we million in cash from the company. In loans include not only companies understand that overarching truth. every case, he repaid the borrowed cash marked by scandal, such as Enron, Thank you. by tendering shares of Enron stock. In Tyco, Adelphia, WorldCom, and Global f most cases, he obtained these shares by Crossing, but also many companies per- THE SARBANES-OXLEY BAN ON exercising stock options granted to ceived as solid investments with good INSIDER CORPORATE LOANS him as part of his executive compensa- corporate practices and reasonable ex- Mr. LEVIN. Mr. President, about 6 tion. Mr. Lay withdrew these millions ecutive pay. The report describes the purpose of months ago, we enacted into law an of dollars from company coffers at a the loans as reported by the companies important set of reforms to curb some time when Enron was experiencing in their SEC filings. The largest pro- of the corporate abuses that have shak- cash flow shortages, Enron’s shares portion of the loans, about 35 percent, en investor confidence in American were dropping, and Enron shareholders business, from dishonest accounting to were suffering losses. After Enron’s had a stock-related purpose, such as to price manipulation to cases in which collapse, it was discovered that Mr. allow a company executive to exercise company executives have walked away Lay had borrowed a total of $81 million stock options, purchase stock, or re- from poor corporate performance with from the company in 2001, and failed to tain stock after a margin call. The re- millions of dollars in their pockets, repay about $7 million. port expresses dismay at examples of while investors, shareholders, and em- When asked about these loans at a executives using interest-free loans to ployees have watched their savings subcommittee hearing, the head of buy company stock, being excused evaporate. Enron’s compensation committee said from repayment of the loan, and there- These corporate reforms, included in that his committee had no duty to by acquiring a substantial company in- the Sarbanes-Oxley Act of 2002, ad- monitor the CEO’s loan activity. He vestment without expending any of dressed a host of problems. Today, I also indicated that, while Mr. Lay’s their own money. want to take a few minutes to discuss loans were more extensive than antici- Loans to help an executive relocate one of the most important reforms in- pated, appeared to have functioned as to a new area, including buying a cluded in that bill, Section 402, which secret stock sales to the company, and house, comprised the second largest has so far received very little atten- affected company cash flow at a crit- portion of company loans to execu- tion. ical time, he was not prepared to char- tives. These loans comprised about 27 Section 402 established, for the first acterize the CEO’s actions or failure to percent of the total, according to the time, a prohibition against publicly repay $7 million as an abuse. He de- report. While relocation loans sound traded corporations using company clined to criticize Mr. Lay’s conduct. reasonable, the report provides exam- funds to give personal loans to com- The subcommittee concluded that the ples of disturbing abuses, including pany officers and directors. This simple Enron board had failed to monitor or loans for millions of dollars. In one prohibition is having an impact on cor- halt abuse by Mr. Lay of his company- case, Millennium Pharmaceutical porate America, and I want to take a financed credit line. issued a loan to a senior vice president few minutes to explain the importance Enron was an eye-opener, but it turns to buy a house in the Boston area and of this loan prohibition, the abuses it is out that it is far from the only U.S. allowed the loan to be forgiven over correcting, and why it must be pro- company handing out multimillion- time. In another case, the president of tected from efforts to narrow or weak- dollar loans to executives, often with- a Nike business unit was given a so- en it. out regard to whether the issued loans called loan for a second home. By its Last year, the Permanent Sub- benefit the corporation or whether terms, that loan was intended to be committee on Investigations, which I they will be repaid. forgiven over 5 years. Another exam- then chaired, conducted an extensive, In December 2002, the Corporate Li- ple, not mentioned in the report but bipartisan investigation into the col- brary, a non-profit organization that discussed in the media, is the $16.5 mil- lapse of Enron. The Subcommittee re- provides information to help investors lion loan issued by Tyco International viewed 2 million pages of documents, and stockholders, published the most to its CEO Dennis Kozlowski to buy conducted 100 interviews, held four comprehensive analysis yet of the per- property in Boca Raton and Nantucket. hearings, and issued two reports. One vasiveness of company loans to execu- Tyco also loaned $14 million to its gen- of the issues we looked at were the tives prior to enactment of Section 402. eral counsel, Mark Belnick, for a New loans that Enron gave to its CEO. The report, entitled ‘‘My Big Fat Cor- York apartment and to build a home in In a report entitled, ‘‘The Role of the porate Loan,’’ presents information Utah, a State where Tyco has no oper- Board of Directors in Enron’s Col- compiled from reviewing SEC filings ations. lapse,’’ issued in July, the sub- for 1,526 of the largest U.S. corpora- It boggles the mind to think that committee found that multimillion- tions in the United States. This report high-paid corporate executives were dollar loans, using company funds, had relies solely on what companies have using company funds to build them- been approved by the Enron board for disclosed to the public about their selves mansions and then, in some the personal use of Mr. Lay, then loans to executives, without any at- cases, skipping repayment of the funds chairman of the board and chief execu- tempt to verify or supplement these altogether. It is unlikely that a com- tive officer. The subcommittee found disclosures. The result is data that pany would issue a loan to an average that the board’s compensation com- may provide a conservative picture of employee to build a multimillion-dol- mittee first gave Mr. Lay access to a $4 company lending to executives. lar residence or to build a second home, million line of credit, increased this The Corporate Library report has de- since there would be no business jus- credit line in August 2001 to $7.5 mil- termined that over one-third of the tification for it. There is no justifica- lion, and authorized repayment with largest 1,500 companies in the U.S. tion for lending company funds to a either cash or company stock. have outstanding loans to company ex- corporate executive either, yet these

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2179 types of loans were becoming common- Many of the split dollar life insur- executives. That is why, later that place. Section 402 was intended to stop ance policies that U.S. companies pro- same month, Congress enacted Section these loans cold. vide to their top executives involve 402. That is why, in September of last The Corporate Library report tells us large payouts and large premiums. At year, Senator COLLINS and I sent a let- that the third most frequent type of Enron, for example, Enron provided its ter to the SEC urging it to resist any company loan for company executives CEO, Ken Lay, with a $12 million split attempts to narrow or weaken Section was issued for ‘‘unspecified’’ reasons. dollar life insurance policy and agreed 402’s ban on insider loans to allow cor- In other words, millions of dollars of to pay premiums exceeding $1 million. porate executives to purchase company stockholder funds were loaned without The Corporate Library report found stock, exercise stock options, obtain disclosing to the stockholders the pur- that over 60 percent of the companies insurance, relocate for work or pay pose of the loans. The authors of the it examined had purchased split dollar taxes. report not only express dismay at this life insurance for one or more of their Section 402 has put an end to a large unexplained use of company funds, executives. The report determined that set of abuses associated with company they also suggest that the absence of a number of these policies involved loans to executives. They include loans this information is a clear violation of substantial sums of money. For exam- issued without interest; loans used to SEC disclosure requirements. ple, the report stated that many of the build personal mansions at company Another issue highlighted in the re- policies cost ‘‘up to $25 million per offi- expense; loans used to provide execu- port is the extent to which individual cer’’; Estee Lauder disclosed paying $26 tives’ families with tax-free insurance companies were devoting substantial million for premiums on a split dollar benefits; loans for every purpose and dollars to executive loans. According life insurance policy for its CEO; loans that are never repaid. Company to the report, Wachovia Corporation Comcast disclosed paying more that funds belong to shareholders and are led the pack last year with a total of $6.5 million in 1 year and $20 million intended to benefit them and the com- $2.2 billion in company loans to execu- over 3 years for premiums on a policy pany they own; they were never in- tives. Adelphia issued over $263 million for its chairman; and First Virginia tended to act as a pool of funds avail- in loans to members of the Rigas fam- Banks reported providing all of its ex- able to be loaned or given to company ily that owned it. Worldcom loaned its ecutives with insurance coverage of up executives. CEO $160 million. Kmart, now oper- to a $1 million each. Congress acted wisely in passing Sec- ating in bankruptcy, has outstanding Since Section 402 has gone into ef- tion 402. This measure, alone, is stop- executive loans of $30 million, includ- fect, most companies have apparently ping companies from giving billions of ing a $5 million so-called ‘‘retention’’ discontinued providing their executives dollars in insider loans to corporate ex- loan that it gave to its former CEO. with split dollar life insurance loans, ecutives. Ending these loan abuses The report also presents data show- and the executives themselves have de- should help restore investor confidence ing that companies are issuing sub- clined to pay the premiums. The result in corporate America. Opponents of stantial loans to executives on terms has been a dramatic drop in sales of this reform are continuing to seek that disadvantage the company. Many this insurance. Insurance groups have ways around it, but I hope my col- companies have been charging below- been lobbying the SEC and Congress to leagues will join me in understanding market interest rates or no interest at create an exception to Section 402 to the importance of this reform and the all. Others have been allowing their ex- permit companies to resume providing need to ensure it reaches it full poten- ecutives to escape all loan repayment, split dollar life insurance loans to their tial. simply by forgiving the debt owed. The executives, but so far they have been I ask unanimous consent that the report states that only half of the com- unsuccessful in reversing Section 402’s Levin-Collins letter to the SEC be panies it examined indicated any plan ban on this type of corporate loan. printed in the RECORD. to charge interest, and a careful exam- All of the loans banned by Section There being no objection, the mate- ination of loan terms revealed a num- 402 are loans to corporate officers or di- rial was ordered to be printed in the ber of methods to forgive interest or rectors who are among the highest paid RECORD, as follows: provide additional loans to cover it. individuals in our society. In 2001, for U.S. SENATE, The report also identifies over 100 com- example, average CEO pay at the top COMMITTEE ON GOVERNMENTAL AFFAIRS, panies that had, or were in the process 350 U.S. companies was $11 million. Washington, DC., September 25, 2002. of, forgiving loans to their executives. That is 400 times the pay of an average Hon. HARVEY L. PITT It also describes a number of compa- worker in this country. These loans U.S. Securities and Exchange Commission, 450 Fifth Street, NW, Washington, DC. nies that increased outstanding loan were on top of that pay. DEAR MR. CHAIRMAN: The purpose of this amounts to include a ‘‘gross up’’ to All of these executives could have letter is to urge the Commission to resist take care of taxes owed by the execu- turned to a bank for their loans. In- any efforts to narrow or weaken the insider tive as a result of the forgiven loan. stead, they turned to their employer loan prohibition established by Section 402 of Finally, let’s look at split dollar life and asked to use company funds. The the Sarbanes-Oxley Act, codified at 15 U.S.C. insurance loans. These loans had be- practice of U.S. companies loaning 78m(k), a key reform designed to stop a com- come very popular among corporate ex- company funds to their executives is mon insider abuse found at Enron Corpora- ecutives in the last few years. The way relatively new. Given the huge tion, Worldcom, Tyco International, and other publicly traded companies. they work is that the company obtains amounts involved, the absence of rea- Issued related to insider corporate loan the insurance policy for its executive sonable interest rates, and the common abuses were examined by the Permanent and pays the premiums, while the exec- practice of companies forgiving the Subcommittee on Investigations in connec- utive names the policy beneficiaries. debt altogether, the question becomes tion with its ongoing review of Enron. In its The policies are called ‘‘split dollar’’ whether many of these ‘‘loans’’ were bipartisan report, ‘‘The Role of the Board of because, when the policy pays out, the simply elaborate ways to enrich cor- Directors in Enron’s Collapse’’ (July 2002), company is reimbursed from the bene- porate executives at the expense of the copy enclosed, the Subcommittee found that fits for the cost of the premiums. The multi-million dollar loans, using company investing public. The Corporate Li- funds, had been approved by the Enron Board remainder of the insurance benefits, brary report shows that these loans for the personal use of Kenneth Lay, then often millions of dollars, goes to the were pervasive and that abuses were Chairman of the Board and Chief Executive named beneficiaries, such as the execu- commonplace. The work of the Perma- Officer (CEO). The Subcommittee found that tive’s family. Because the funds are in- nent Subcommittee on Investigations the Board’s Compensation Committee first surance benefits, the payments to the suggests that too many boards of direc- gave Mr. Lay access to a $4 million line of beneficiaries are mostly tax-free. The tors do not have the will or incentive credit, increased this credit line in August result is a company-financed loan to to limit the loan amounts or to detect 2001 to $7.5 million, and authorized repay- the executive to cover the cost of the ment with either cash or company stock. or prevent abuses. The Subcommittee found that, in 2000, Mr. insurance premiums, enabling the ex- That is why, last July, our sub- Lay began using what one Board member ecutive to afford a generous policy and committee included in its first Enron called an ‘‘ATM approach’’ toward his credit provide tax-free benefits for his or her report a recommendation to stop com- line, repeatedly drawing down the entire beneficiaries. panies from loaning company funds to amount available and then repaying the loan

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2180 CONGRESSIONAL RECORD — SENATE February 11, 2003 with Enron stock. Records show that Mr. Thank you for your attention to this im- mit the alliance to war before the U.N. Lay at first drew down the line of credit once portant matter. If your staff has any ques- weapons inspectors in Iraq had issued per month then every two weeks and then, tions or concerns about this letter or would their second report this Friday. on some occasions, several days in a row. In like additional copies of the Subcommittee I have spoken at length on the situa- the one-year period from October 2000 to Oc- report, please have them contact Elise Bean, tober 2001, Mr. Lay used the credit line to ob- Subcommittee Staff Director, at (202) 224– tion in Iraq on the floor of this cham- tain over $77 million in cash from the com- 9505 or Kim Corthell, Minority Staff Direc- ber and in many other venues. Today, pany and repaid the loans exclusively with tor, at (202) 224–3721. therefore, I will restrict my comments Enron stock, at a time when the company Sincerely, to yesterday’s action in NATO’s North had significant cash flow issues. After SUSAN M. COLLINS, Atlantic Council, NAC, and the poten- Enron’s collapse, it was discovered that Mr. Ranking Minority tial ramifications for the future of the Lay had failed to repay and still owes the Member. alliance. company about $7 million. The Sub- CARL LEVIN, Frankly, I am shocked and outraged committee concluded that the Enron board Chairman. had failed to monitor or halt abuse by Mr. at the behavior of France, Germany, Lay of his multi-million-dollar, company-fi- f and Belgium. I could easily give an nanced credit line. LOCAL LAW ENFORCEMENT ACT emotional response, but I will not de- Enron, of course, is not alone in having ex- OF 2001 scend to the level of caricature and vit- perienced corporate loan abuses. Similar riolic insults that, unfortunately, one abuses by corporate executives given com- Mr. SMITH. Mr. President, I rise increasingly hears from Western Euro- pany-financed loans for millions of dollars today to speak about the need for hate pean America-bashers. have taken place at other U.S. publicly trad- crimes legislation. In the last Congress ed companies. At the time of Worldcom’s Nor will I indulge in blanket criti- Senator KENNEDY and I introduced the collapse, for example, Board Chairman and cism. France is this country’s oldest CEO Bernard Ebbers was found to have out- Local Law Enforcement Act, a bill that ally and in the last 12 years took part standing company-financed loans exceeding would add new categories to current in the Gulf War, the Kosovo air cam- $400 million. Apparently, most of these loans hate crimes law, sending a signal that paign, and in Operation Enduring Free- had been provided to enable him to purchase violence of any kind is unacceptable in dom. Germany too has participated in Worldcom stock. At Tyco International, our society. recent military and peacekeeping oper- Board Chairman and CEO Dennis Kozlowski I would like to describe a terrible and other executives apparently managed to ations and on this very day, together crime that occurred September 2, 2001 with the Netherlands, is assuming com- secure not only multi-million-dollar per- in Athens, GA. Christopher Gregory, 20, sonal loans using company funds, but to ar- mand of the International Security As- range to have these loans deemed ‘‘forgiven’’ was attacked while leaving a gay bar. sistance Force, ISAF, peacekeeping op- in amounts allegedly totaling more than $100 Gregory was walking with friends when eration in Afghanistan. Belgium is also million. Apparently these loans were to pay a group of people started shouting anti- contributing troops to peacekeeping in for employee relocation expenses, including gay epithets at them. After Gregory the Balkans. the purchase of expensive residences. Numer- turned and yelled ‘‘Leave us alone!’’ an This is, however, only part of the ous other publicly traded companies have attacker punched him, knocking him also provided troubling, multi-million-dol- story. Recent history, unfortunately, to the ground. As the attacker walked gives us a foretaste of yesterday’s ac- lar, company-financed loans to corporate ex- away he directed another anti-gay slur ecutives, including Adelphia, AMC Enter- tion in the NAC. One might recall Bel- tainment, Dynegy, FedEx, Healthsouth, toward Gregory. gium’s refusal during the Gulf War to Home Depot, Kmart, Mattel, Microsoft, I believe that government’s first duty sell ammunition to NATO ally Great Priceline.com, SONICblue, and more. is to defend its citizens, to defend them Britain. Or more directly applicable Given the extent of insider abuse in this against the harms that come out of was the Bundestag speech early in 1991 area and the lack of effective Board or man- hate. The Local Law Enforcement En- agement oversight, the Subcommittee rec- by Mr. Otto Lambsdorff, then a leader hancement Act is a symbol that can of the German Free Democratic Party, ommended in its July report that Board become substance. I believe that by members at publicly traded companies bar opposing military shipments to NATO the issuance of company-financed loans to passing this legislation and changing ally Turkey because of elements of An- company directors and senior officers. Later current law, we can change hearts and kara’s domestic policy. that same month, Senator Charles Schumer minds as well. Germany’s action yesterday was par- offered on the Senate floor the amendment f ticularly distasteful, since that coun- that led to inclusion of the Section 402 prohi- try’s postwar economic miracle or TURKEY’S REQUEST TO NATO FOR bition in the final corporate reform law. ‘‘Wirtschaftswunder’’ was to a consid- Media reports indicate that some compa- ASSISTANCE nies may be pressing the SEC to narrow the erable extent built by the sweat of scope of the prohibition or otherwise weaken Mr. BIDEN. Mr. President, I rise Turkish guest workers. it through regulation, guidance, or other today to condemn in the strongest Aside from moral considerations, the means. These media reports suggest that op- terms the rejection yesterday by refusal of assistance to Turkey by ponents want exemptions, for example, for France, Germany, and Belgium of Tur- these three countries gravely under- company loans used by executives to pur- key’s formal request for defensive help mines the solidarity that is the bed- chase company stock, exercise stock options, under Article 4 of the North Atlantic rock of the North Atlantic Alliance. obtain insurance, relocate for work, or pay Treaty. This was the first invocation of At first glance, their behavior is puz- taxes. But the legislative history provides no Article 4 in the 54-year history of basis for creating these exemptions or other- zling, since they surely know that the wise weakening the provision. To the con- NATO. United States will stand by its Turkish trary, the statutory prohibition makes it Article 4 mandates alliance members ally and either unilaterally, or in con- clear that publicly traded companies are not to consult ‘‘whenever, in the opinion of junction with other NATO members, supposed to be using company funds to pro- any of them, the territorial integrity, will provide the equipment that An- vide personal financing to company directors political independence or security of kara feels it needs. or officers for any reason; financing is to be any of the Parties is threatened.’’ Already one European ally has provided instead by lenders, credit card oper- Fearing a preemptive attack by Iraq, stepped up to the plate. The Dutch For- ators, or other third parties engaged in the Turkey requested Patriot missile bat- ordinary course of business. eign Ministry has declared that ‘‘the In light of the abusive record compiled by teries, AWACS radar planes, and spe- Netherlands is strongly opposed’’ to the Permanent Subcommittee on Investiga- cialized units for countering chemical the French-German-Belgian move and tions among others, the Subcommittee’s bi- and biological warfare. ‘‘will go ahead with providing Patriot partisan recommendation to bar company-fi- Sixteen of the 19 NATO members missiles to Turkey.’’ The Dutch, in nanced loans to corporate directors or offi- voted to grant Turkey its request. fact, have already sent an air force cers, and the plain language of the statutory France, Germany, and Belgium, how- team to Turkey to prepare for the dis- prohibition itself, the Commission should ever, refused, thereby blocking the re- continue to resist efforts to weaken this sig- patch of the Patriot missile batteries, nificant post-Enron reform. Congress en- quest under the alliance’s consensus which will be manned by 370 Dutch acted and the SEC must enforce this bright- principle. Paris, Berlin, and Brussels military personnel. line measure to end corporate loan abuses by argued that even this kind of defensive So since Turkey will receive defen- top executives. action by NATO would appear to com- sive assistance, the French-German-

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2181 Belgian refusal can only be seen as a Standing Rules of the Senate, meetings of take, consistent with the provisions of para- symbolic gesture—a direct swipe at the Committee shall be open to the public. graph 4 of rule XXVI of the Standing Rules American leadership of the alliance— The Committee shall prepare and keep a of the Senate, to make public announce- but one with more than symbolic im- complete transcript or electronic recording ments of the date, place, time, and subject adequate to fully record the proceedings of matter of such hearing. portance. U.S. Ambassador Nick Burns each meeting whether or not such meeting (c) The Committee shall require each wit- declared that it is causing NATO to or any part thereof is closed to the public. ness who is scheduled to testify at any hear- face ‘‘a crisis of credibility.’’ (c) The Chairman of the Committee, or the ing to file 40 copies of such witness’ testi- I would use a metaphor to describe Ranking Majority Member present in the ab- mony with the Committee not later than 48 yesterday’s action: Paris, Berlin, and sence of the Chairman, or such other Mem- hours prior to the witness’ scheduled appear- Brussels are playing with fire. If the ber as the Chairman may designate, shall ance unless the Chairman and Ranking Mi- United States believes that NATO is a preside at all meetings. nority Member determine there is good cause hindrance to its security requirements, (d) Except as provided in rule XXVI of the for failure to do so. Standing Rules of the Senate, no meeting of (d) The presiding member at any hearing is it will continue to bypass the alliance, the Committee shall be scheduled except by authorized to limit the time allotted to each and NATO will quickly atrophy. No se- majority vote of the Committee or by au- witness appearing before the Committee. rious observer believes that the Euro- thorization of the Chairman of the Com- (e) The chairman, with the concurrence of pean Union has either the capability or mittee. the Ranking Minority Member of the Com- the will to provide a credible military (e) The Committee shall notify the office mittee, is authorized to subpoena the attend- alternative to a NATO deprived of designated by the Committee on Rules and ance of witnesses and the production of American muscle. A security vacuum Administration of the time, place, and pur- memoranda, documents, records, and any would quickly develop on the con- pose of each meeting. In the event such other materials. If the Chairman or a Com- meeting is canceled, the Committee shall mittee staff member designated by the tinent, thereby undoing more than a immediately notify such designated office. Chairman has not received from the Ranking half-century of common effort and en- (f) Written notice of a Committee meeting, Minority Member or a Committee staff mem- dangering the EU itself. accompanied by an agenda enumerating the ber designated by the Ranking Minority Finally, let me address the faulty items of business to be considered, shall be Member notice of the Ranking Minority logic offered by France, Germany, and sent to all Committee members at least 72 Member’s nonconcurrence in the subpoena Belgium for their action yesterday. To hours (not counting Saturdays, Sundays, and within 48 hours (excluding Saturdays, Sun- repeat: their ambassadors argued that Federal holidays) in advance of each meet- days, and Federal holidays) of being notified if NATO were to furnish Turkey with ing. In the event that the giving of such 72- of the Chairman’s intention to subpoena at- hour notice is prevented by unforeseen re- tendance or production, the Chairman is au- the defensive materiel it requested, it quirements or Committee business, the Com- thorized following the end of the 48-hour pe- would appear that the alliance was mittee staff shall communicate notice by the riod involved to subpoena the same without committing itself to war before the quickest appropriate means to members or the Ranking Minority Member’s concur- U.N. weapons inspectors in Iraq had appropriate staff assistants of Members and rence. Regardless of whether a subpoena has issued their second report this Friday. an agenda shall be furnished prior to the been concurred in by the Ranking Minority Paris, Berlin, and Brussels might be meeting. Member, such subpoena may be authorized interested to learn that U.N. Secretary (g) Subject to the second sentence of this by vote of the Members or the Committee. General Kofi Annan will brief the mem- paragraph, it shall not be in order for the When the Committee or Chairman authorizes Committee to consider any amendment in a subpoena, the subpoena may be issued upon bers of the Security Council this the first degree proposed to any measure the signature of the Chairman or of any Thursday on the status of contingency under consideration by the Committee un- other member of the Committee designated planning by the United Nations for hu- less a written copy of such amendment has by the Chairman. manitarian assistance for Iraq in the been delivered to each member of the Com- (f) Except as specified in Committee Rule event of war. mittee at least 24 hours before the meeting VII (requiring oaths, under certain cir- According to the argument used yes- at which the amendment is to be proposed. cumstances, at hearings to confirm Presi- terday in the NAC by the French, Ger- This paragraph may be waived by a majority dential nominations), witnesses at hearings mans, and Belgians, the U.N.’s action, vote of the members and shall apply only will be required to give testimony under when 72-hour written notice has been pro- oath whenever the presiding member deems therefore, is hastening the outbreak of vided in accordance with paragraph (f). such to be advisable. war. II QUORUMS V. MEDIA COVERAGE I fully anticipate that French Presi- dent Chirac, German Chancellor (a) Subject to the provisions of paragraph Any Committee meeting or hearing which (b), eight members of the Committee shall is open to the public may be covered by tele- Schroeder, and Belgian Prime Minister constitute a quorum for the reporting or ap- vision, radio, and print media. Photog- Verhofstadt will condemn Secretary proving of any measure or matter or rec- raphers, reporters, and crew members using General Annan for his recklessness. ommendation. Five members of the Com- mechanical recording, filming or broad- f mittee shall constitute a quorum for pur- casting devices shall position and use their poses of transacting any other business. equipment so as not to interfere with the RULES OF THE COMMITTEE ON (b) In order to transact any business at a seating, vision, or hearing of the Committee VETERANS’ AFFAIRS Committee meeting, at least one member of members or staff or with the orderly conduct Mr. SPECTER. Mr. President, the the minority shall be present. If, at any of the meeting or hearing. The presiding Committee on Veterans’ Affairs has meeting, business cannot be transacted be- members of the meeting or hearing may for cause of the absence of such a member, the good cause terminate, in whole or in part, adopted rules governing its procedures matter shall lay over for a calendar day. If the use of such mechanical devices or take for the 108th Congress. Pursuant to the presence of a minority member is not such other action as the circumstances and Rules XXVI, paragraph 2, of the Stand- then obtained, business may be transacted the orderly conduct of the meeting or hear- ing Rules of the Senate, on behalf of by the appropriate quorum. ing may warrant. myself and Senator GRAHAM, I ask (c) One member shall constitute a quorum VI. GENERAL for the purpose of receiving testimony. unanimous consent that a copy of the All applicable requirements of the Stand- committee rules be printed in the III. VOTING ing Rules of the Senate shall govern the RECORD. (a) Votes may be cast by proxy. A proxy Committee. There being no objection, the mate- shall be written and may be conditioned by VII. PRESIDENTIAL NOMINATIONS personal instructions. A proxy shall be valid rial was ordered to be printed in the (a) Each Presidential nominee whose nomi- only for the day given. RECORD, as follows: nation is subject to Senate confirmation and (b) There shall be a complete record kept referred to this Committee shall submit a COMMITTEE ON VETERANS’ AFFAIRS of all Committee action. Such record shall statement of his or her background and fi- RULES OF PROCEDURE 108TH CONGRESS contain the vote cast by each member of the nancial interests, including the financial in- Committee on any question on which a roll I. MEETINGS terests of his or her spouse and of children call vote is requested. (a) Unless otherwise ordered, the Com- living in the nominee’s household, on a form mittee shall meet on the first Wednesday of IV. HEARINGS AND HEARING PROCEDURES approved by the Committee which shall be each month. The Chairman may, upon proper (a) Except as specifically otherwise pro- sworn to as to its completeness and accu- notice, call such additional meetings as vided, the rules governing meetings shall racy. The Committee form shall be in two deemed necessary. govern hearings. parts—— (b) Except as provided in subparagraphs (b) (b) At least 1 week in advance of the date (A) information concerning employment, and (d) of paragraph 5 of rule XXVI of the of any hearing, the Committee shall under- education, and background of the nominee

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2182 CONGRESSIONAL RECORD — SENATE February 11, 2003 which generally relates to the position to elaborate on some of the concerns defense. The Cobra Dane Radar on which the individual is nominated, and raised by the distinguished ranking Shemya Island was built to detect So- which is to be made public; and member of the Armed Services Com- viet missile launches. It has a fixed ori- (B) information concerning the financial mittee and discuss my concern that entation and a narrow field of view, and other background of the nominee, to be made public when the Committee determines this system does nothing to protect my northwest from Shemya, towards Rus- that such information bears directly on the State or other parts of the United sia. This radar cannot see missiles nominee’s qualifications to held the position States from attack. launched from North Korea towards to which the individual is nominated. Com- President Bush’s limited national Hawaii, and will have only marginal mittee action on a nomination, including missile defense system, first proposed capability for southern California. The hearings or a meeting to consider a motion by the administration in March 2001 radar cannot see the current missile to recommend confirmation, shall not be ini- and called ‘‘the Alaska Option,’’ con- defense target range between Cali- tiated until at least five days after the nomi- sists of 5 to 10 silos/interceptor launch- fornia and Hawaii. nee submits the form required by this rule ers in Fort Greely, AK and an upgraded The administration is well aware of unless the Chairman, with the concurrence the limitations of the radar and exclu- of the Ranking Minority Member, waives Cobra Dane radar on Shemya Island, this waiting period. AK. sion of Hawaii in the proposed deployed (b) At any hearing to confirm a Presi- At that time, Deputy Secretary of system. General Kadish referred to this dential nomination, the testimony of the Defense Paul Wolfowitz and Missile De- as ‘‘the Hawaii problem’’ during a nominee and, at the request of any Member, fense Agency Director Gen Ronald briefing for Senator REED and members any other witness shall be under oath. Kadish called the Alaska site a ‘‘test of the Armed Services Strategic Sub- VIII. NAMING OF DEPARTMENT OF VETERANS bed’’ that could be transformed into a committee on July 27, 2001. At that AFFAIRS FACILITIES fully operational facility easily. Dur- time, General Kadish said that they It is the policy of the Committee that no ing an Armed Services Committee were considering using an Aegis cruiser Department of Veterans Affairs facility shall hearing in July 2001, Mr. Wolfowitz to supplement the Cobra Dane radar. be named after any individual unless—— stated, ‘‘This developmental capability Such a cruiser would have to be perma- (A) such individual is deceased and was—— could become, with very little modi- nently on station to provide adequate (1) a veteran who (i) was instrumental in coverage. the construction or the operation of the fa- fication, an operational capability.’’ In a later statement, he added that ‘‘it Even with upgrades to increase the cility to be named, or (ii) was a recipient of radar’s field of view, the radar still will the Medal of Honor or, as determined by the would be essentially a software change Chairman and Ranking Minority Member, to turn it into an operational capa- not be capable of discriminating otherwise performed military service of an bility.’’ launch characteristics or trajectory. extraordinarily distinguished character. I believe that more than modest An X band radar, such as the one now (2) a member of the United States House of modifications would be required. Even in Kwajalein, is needed. In fact, no Representatives or Senate who had a direct if the test bed was functioning and radar in Alaska will be able to dis- association with such facility; proven effective, significant changes criminate launch characteristics. The (3) an Administrator of Veterans’ Affairs, a would be needed to make it an oper- administration has not asked for fund- Secretary of Veterans Affairs, a Secretary of ing to upgrade the existing radar or Defense or of a service branch, or a military ational system. The changes may not be technically difficult but they are build a new one. or other Federal civilian official of com- The President characterized in De- parable or higher rank; or very complicated when applied as a (4) an individual who, as determined by the whole system. They involve many com- cember 2002 his initiative to field a Chairman and Ranking Minority Member, mand, control, communication issues missile defense system as ‘‘modest.’’ The program is less than modest. It is performed outstanding service for veterans; that will determine who makes the de- inadequate and expensive. The path to- (B) each member of the Congressional dele- cision to fire and when and with how gation representing the State in which the wards an effective and efficient missile much information. In large and com- designated facility is located has indicated defense program is the one outlined by plex research and development pro- in writing such member’s support of the pro- Senator LEVIN. posal to name such facility after such indi- grams, one should always be wary of There being no objection, the mate- vidual; and anything that is described as ‘‘just a rial was ordered to be printed in the (C) the pertinent State department or software fix.’’ RECORD, as follows: chapter of each Congressionally chartered In July 2001 Phil Coyle, former Direc- [From the Detroit News, Dec. 29, 2002] veterans’ organization having a national tor of Operational Test and Evaluation membership of at least 500,000 has indicated in the Pentagon testified before the LEVIN: UNTESTED MISSILE DEFENSE SETUP POSES RISKS; CAN MISSILE SHIELD BE BUILT? in writing its support of such proposal. Senate Armed Services Committee and (By Senator Carl Levin) IX. AMENDMENTS TO THE RULES defined effective deployment as the President Bush’s decision to deploy a lim- The rules of the Committee may be fielding of an operational system with changed, modified, amended, or suspended at ited national missile defense system starting some military utility that is effective in 2004 before it has been tested and shown to any time, provided, however, that no less under realistic combat conditions, than a majority of the entire membership so work violates common sense. The Pentagon determine at a regular meeting with due no- against realistic threats and counter- will spend large amounts of money to deploy tice, or at a meeting specifically called for measures, possible without adequate an unproven defense, money that could be that purpose. The rules governing quorums prior knowledge of the target cluster better used to fight more likely and immi- for reporting legislative matters shall gov- nent threats of terrorism. composition, timing, trajectory, or di- Many of us have reservations about deploy- ern rules changes, modification, amend- rection, and when operated by military ment of a national defense against long- ments, or suspension. personnel at all times of the day or range ballistic missiles because: (1) the intel- f night and in all weapons. ligence community says such missiles are Mr. Coyle estimated that it would one of the least likely threats to our secu- WHY NATIONAL MISSILE DEFENSE take a decade, rather than 4 years, to rity (in part because use of such missiles DOES NOT PROTECT HAWAII produce an effective defense system. As would leave a ‘‘return address’’ that would guarantee a devastating response from the Mr. AKAKA. Mr. President, in De- Senator LEVIN raised in his article, no cember 2002 President Bush announced United States); and (2) because deployment part of the limited missile defense sys- of a national missile defense is likely to un- his decision to deploy a limited na- tem has been tested against realistic leash an arms race with other countries. tional missile defense system by 2004. targets, and there are no plans to test However, even ardent proponents of a na- Our distinguished colleague, Senator the integrated system as a whole be- tional missile defense should not support de- LEVIN, detailed the limitations of the fore it is deployed. Senator LEVIN cor- ployment of an untested, unproven system. proposed system and testing proce- rectly questions whether such a system The United States may eventually succeed in dures in an article in the Detroit News will be even marginally effective. developing a national missile defense system on December 29 entitled, ‘‘Untested One could also question whether this that will actually work against real world threats, but we have not done so yet. Accord- Missile Defense Setup Poses Risks.’’ I system should be labeled a ‘‘national’’ ing to the Pentagon, the national missile de- ask unanimous consent that his entire missile defense. Given the geometry of fense system to be deployed in 2004 requires article be placed in the RECORD fol- the Cobra Dane radar, the system may a new booster rocket that has never been lowing my statement. I would like to be better labeled a continental missile tested against any target.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2183 The 2004 system would rely on a radar in of the introduction of the MD CARE improve the quality and length of life Alaska built in the 1970’s that was never de- Act, which I was pleased to cosponsor for thousands of children diagnosed signed for missile defense, that has no capa- with our late colleague, Senator Paul with muscular dystrophy are invalu- bility to differentiate the target warhead Wellstone, to raise awareness and ex- able, and I commend the researchers from decoys, that has never been tested against a long-range ballistic missile, and pand Federal support for medical re- and all of the families who have that the administration never plans to test search to find a cure for this dev- worked so hard to combat this dev- against a long-range missile. astating disease. astating disease. No part of the system has been tested The need for this legislation was first f against realistic targets, and there are no brought to my attention by one of my plans to test the integrated system as a constituents, Brian Denger, of Bidde- THE ‘‘COLUMBIA’’ TRAGEDY whole before it is deployed. Secretary of De- ford, ME, who has not one, but two Mr. WYDEN. Mr. President, it has fense Donald Rumsfeld has said that this is wonderful boys—Matthew and Pat- been said that a journey of a thousand just an ‘‘initial capability’’ in a program miles begins with a single step. In the that ‘‘will evolve over time’’ and will ulti- rick—with Duchenne Muscular Dys- mately ‘‘look quite different than it begins.’’ trophy. The Dengers—who also have a same way, a journey of a million miles What the Pentagon has tried not to empha- daughter, Rachel, with juvenile diabe- must be completed with one final step. size is that this ‘‘initial capability’’ is likely tes—are a loving and courageous fam- It was at the moment of that ulti- to be marginally effective, if it works at all. ily whose strength and spirit inspired mate step on February 1, 2003, that the Declaring this untested, marginal system me to become involved in advocating Space Shuttle Columbia could go no ready to deploy is like declaring a newly de- for more research funding for muscular further. In its last moments, America’s signed airplane ready to fly before the wings dystrophy. first shuttle took with it the brave have been attached to the airframe and the souls of its crew. It is those seven he- electronics installed in the cockpit. Until I met Brian, I really did not In his previous tenure as Secretary of De- know much about Duchenne Muscular roes and human beings I honor today, fense, Rumsfeld had to preside over the dis- Dystrophy. He was the first to tell me on behalf of every Oregonian who mantling of the Safeguard missile defense that 1 in 3,500 male children worldwide mourns them. system which he had inherited and which will be born with the disease and lose In recent years, the names of shuttle was operational for less than six months be- the ability to walk by age 10. He told astronauts have seldom been known by cause the technical limitations of the system me about the terrible progression of most Americans. Now, the names of rendered it ineffective. The development, de- the disease. As it progresses, muscle the Columbia Seven have entered the ployment and dismantling of the Safeguard nation’s consciousness through the system cost the taxpayers tens of billions of deterioration in the back and chest be- dollars without enhancing our national secu- gins to put pressure on the lungs, mak- floodgates of our shared grief: Flight rity in any way. This is an experience that ing it more and more difficult for the Commander Rick Husband; Pilot Wil- we should not want to repeat. child to breathe. liam ‘‘Willie’’ McCool; Payload Com- Since that time, Congress has instituted What really caught my attention was mander Michael Anderson; Mission reforms in the Defense Department to help the fact that the lifespan of children Specialist Kalpana ‘‘K.C.’’ Chawla; Mis- prevent the premature and costly fielding of suffering from this disease has not been sion Specialist David Brown; Mission unproven systems. Congress established the extended in any significant way in re- Specialist Laurel Clark; and Payload Pentagon’s Director of Operational Test and Evaluation to oversee major defense pro- cent years. Current treatment options Specialist Ilan Ramon. grams and ensure they are adequately tested for boys like Matthew and Patrick are As the recent chair of the Sub- and demonstrated to work before they are minimal and aimed simply at man- committee on Science, Technology and deployed—in other words, that any new sys- aging their symptoms in an effort to Space, I came to know firsthand that tem is proven to ‘‘fly before we buy.’’ optimize their quality of life for the America’s astronaut corps, and indeed Congress also established the Joint Re- limited time they have with us. the teams of engineers and experts that quirements Oversight Council, which gives Given our Nation’s wealth of sci- support them, are the best this country the military services oversight over weapons entific expertise coupled with the tre- has to offer. It seems that this par- programs to ensure that they perform well enough to be useful on the battlefield. mendous infusion of resources we have ticular group of astronauts was the The Bush administration, however, has un- poured into the NIH in recent years, we best of the best. And they were not wisely exempted all missile defense pro- can and should do more for families only America’s finest, they were In- grams from the normal oversight of these like the Dengers. That is why I joined dia’s finest and Israel’s finest as well. important organizations. As a result, these with Senator Wellstone in introducing Many of this crew were devoted hus- programs are not subject to normal review the MD CARE Act, which President bands, wives, fathers and mothers. by senior military and civilian acquisition Bush signed into law in December of They leave a dozen children behind officials, and they are not subject to the nor- 2001. them who deserve this nation’s sym- mal operational test and evaluation process. Instead, the secretary of defense has dele- Since the passage of this important pathy and gratitude for the sacrifice gated many of the functions of these offices legislation, the National Institutes of their parents’ final mission required. to the Missile Defense Agency, effectively Health have established grants for the But the Columbia crew also leaves be- making that agency responsible for over- creation of three Centers of Excellence hind their ideals of persistence and pa- seeing itself. History shows that without in Muscular Dystrophy Research, triotism, the humility and humor that real oversight, major weapon systems don’t which will provide focused research and called so many people to love them so work well, suffer serious schedule delays and development in all phases—including much, and above all their love of learn- have major cost overruns. basic, clinical, and transitional—of the ing and life. Each brought a different The Bush administration should re-estab- lish effective oversight of missile defense research spectrum. In addition, the background and unique experience to programs by the Director of Operational Centers for Disease Control and Pre- this mission. All defeated great odds Test and Evaluation, the Joint Require- vention have developed an in-depth and exhibited enormous courage in be- ments Oversight Council, and other over- surveillance and epidemiology study of coming the astronauts they hoped to sight organizations with the Department of Duchenne and Becker muscular dys- be. Defense. Rather than rushing to deploy an trophy. A population-based epidemio- From childhood, Rick Husband, unproven national missile defense system, logical study of Duchenne and Becker Willie McCool and David Brown cher- the administration should focus on com- muscular dystrophy will provide the ished dreams of liftoff and landing, of pleting the development of a missile defense that will be effective against likely threats extensive data necessary to inform re- spaceships and spirits aloft. and that is shown to work through proper search decisions, standards of care, Laurel Clark dove to the depths of testing. physician training, and public health the sea in her naval career before f approaches to assist families living reaching the heights of heaven on Co- with Duchenne and Becker muscular lumbia. DUCHENNE MD AWARENESS WEEK dystrophy. Michael Anderson was able to break Ms. COLLINS. Mr. President, this The NIH and the CDC are to be com- even the barrier of sound, even the bar- week is the Parent Project Muscular mended for the progress they are mak- rier of Earth’s atmosphere as one of Dystrophy’s Duchenne MD Awareness ing in their research efforts related to the nation’s few African American as- Week. It is also the 2-year anniversary muscular dystrophy. These efforts to tronauts.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2184 CONGRESSIONAL RECORD — SENATE February 11, 2003 Kalpana Chawla’s mother reportedly time and constantly gave back to the both sides of the aisle. She has been had hoped for a son 41 years ago in community in which he lived, cher- one of South Dakota’s best advocates India. She now says with pride that ishing his relationships above all else. and supporters of rural water develop- this daughter did better than any boy Deeply devoted to his family, Brian ment, and the entire southeast region could, coming to America less than 20 was especially close to his younger sis- of South Dakota, as well southwestern years ago and twice being chosen as ter, Jennifer. Minnesota and northwestern Iowa, will her adopted nation’s envoy to space. As President Abraham Lincoln wrote always be thankful for her 10 years of Ilan Ramon had led his nation into in a letter to the mother of a fallen hard work, dedication, and foresight to battle many times. On this expedition, Union soldier: ‘‘I pray that our Heav- help bring this much needed drinking he envisioned Israel at peace. Looking enly Father may assuage the anguish water project from the drawing board down from the windows of Columbia, he of your bereavement, and leave you to construction. imagined that the quiet and calm of only the cherished memory of the loved In fact, the Lewis and Clark System the heavens would someday find his and lost, and the solemn pride that will be undertaking a groundbreaking country men and women on Earth. must be yours to have laid so costly a ceremony this spring, and Ms. Bonrud As President Bush said on Saturday, sacrifice upon the altar of freedom.’’ is a major reason it will be the begin- Columbia is lost. But the optimism of These words ring as true today as they ning of making this project a reality. Ilan Ramon and the visions Columbia’s did 140 years ago, as we mourn the loss She leaves the project in good stead crew embodied never need pass away. of Brian Clemens and honor the sac- and her leadership and fine character Oliver Wendell Holmes once said this: rifice he made for America and for all will be sorely missed.∑ ‘‘Through our great good fortune, in of humanity. f our youth our hearts were touched It is my sad duty to enter the name with fire. It was given to us to learn at of Brian Clemens in the official RECORD MESSAGES FROM THE PRESIDENT the outset that life is a profound and of the U.S. Senate for his service to Messages from the President of the passionate thing.’’ Today I say that it this country and for his profound com- United States were communicated to was the great good fortune of every mitment to freedom, democracy, and the Senate by Ms. Evans, one of his American, of every citizen of the world, peace. When I think about this just secretaries. that these seven hearts were touched cause in which we are engaged, and the in youth with fire—that it became unfortunate pain that comes with the f their profound passion to reach into loss of our heroes, I hope that families EXECUTIVE MESSAGES REFERRED the skies and grasp the knowledge that like Brian’s can find comfort in the As in executive session the PRE- lies beyond our planet. word of the prophet Isaiah who said, SIDING OFFICER laid before the Sen- Even as our hearts grieve, there is ‘‘He will swallow up death in victory; ate messages from the President of the reason to rejoice. The United States of and the Lord God will wipe away tears United States submitting sundry nomi- America and the nations of the world from off all faces.’’ nations, a withdrawal, and a treaty are still called to farther frontiers by May God grant strength and peace to which were referred to the appropriate these seven, so deserving of our re- those who mourn, and may God bless committees. spect. the United States of America. (The nominations received today are f f printed at the end of the Senate pro- HONORING SPECIALIST BRIAN ADDITIONAL STATEMENTS ceedings.) CLEMENS f Mr. BAYH. Mr. President, I rise today with great sadness and tremen- TRIBUTE TO PAM BONRUD MESSAGE FROM THE HOUSE dous gratitude to honor the life of a ∑ Mr. JOHNSON. Mr. President, the At 2:22 p.m., a message from the brave young man from Kokomo, IN. South Dakota Public Utilities Commis- House of Representatives, delivered by Specialist Brian Clemens was just 19 sion recently announced that Pam Mr. Niland, one of its reading clerks, years old. He died last week in Kuwait Bonrud will serve as the PUC’s new ex- announced that pursuant to the provi- as he and his comrades in the 1st Bat- ecutive director. I wish to congratulate sions of section 201(a)(2) of the Congres- talion, 293rd Infantry of the Indiana Ms. Bonrud for her selection to lead sional Budget and Impoundment Con- Army National Guard prepared for a the PUC and to formally thank her for trol Act of 1974, Public Law 93–344, the war that may soon begin. Brian was her 10 years of service to the Lewis and Speaker of the House of Representa- there, in a far away land, to fight for Clark Rural Water System. tives and the President pro tempore of values we hold close to our hearts. During that time, Ms. Bonrud distin- the Senate appoints Mr. Douglas Holtz- Specialist Clemens was the first Indi- guished herself as an effective and Eakin as Director of the Congressional ana National Guard member killed dedicated leader. While with Lewis and Budget Office for a term of office expir- overseas since Operation Desert Storm Clark, Ms. Bonrud was instrumental in ing on January 3, 2007. ended more than a decade ago. He was helping me and my colleagues secure f also the first American to perish while the successful passage of legislation dutifully serving our Nation in a build- authorizing the project. Through her MEASURES REFERRED up for possible war with Iraq. I mourn leadership, we were able to build a The Committee on Energy and Nat- along with Brian’s family, friends and strong coalition supporting the project ural Resources was discharged from community. While our pride in Brian at the local, State and Federal levels further consideration of the following shall certainly live on, so too will our within the States of South Dakota, measure which was referred to the sorrow. But Brian’s life, his courage, Minnesota, and Iowa. Committee on Environment and Public and his strength of character should Ms. Bonrud displayed all the quali- Works: serve as a powerful and consoling force ties necessary to help make sure this S. 277. A bill to authority the Secretary of in the difficult days ahead. critically important water project the Interior to construct an education and Brian Clemens was an energetic and would receive Federal authorization. administrative center at the Bear River Mi- caring young man. He was adored by She was professional, persistent, and gratory Bird Refuge in Box Elder County, all who knew him for his charismatic determined, and always had a positive Utah. personality. He was a positive force attitude, even though the authoriza- The Committee on Governmental Af- within his community, never failing to tion process took 6 years from the time fairs was discharged from further con- give of himself whenever possible. In the first version of the legislation was sideration of the following measure the months following his graduation introduced in 1994. which was referred to the Committee from Maconaquah High School in 2001, I always enjoyed working with Ms. on Rules and Administration: Brian returned to the school regularly Bonrud, and she was able to work effec- S. Res. 51. Resolution authorizing expendi- to help wrestlers on the team hone tively with Senators and House Mem- tures by the Committee on Governmental their skills. He was selfless with his bers of all three States involved and on Affairs.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2185 EXECUTIVE AND OTHER Material Management, Department of Vet- countability Report Fiscal Year 2002″; to the COMMUNICATIONS erans Affairs, transmitting, pursuant to law, Committee on Governmental Affairs. the report of a rule entitled ‘‘VA Acquisition EC–1088. A communication from the Attor- The following communications were Regulations: Simplified Acquisition Proce- ney General, transmitting, pursuant to law, laid before the Senate, together with dures for Health-Care resources (2900–AI71)’’ the report of Fiscal Year 2002 Performance accompanying papers, reports, and doc- received on February 4, 2003; to the Com- and Accountability Report for the Depart- uments, which were referred as indi- mittee on Veterans’ Affairs. ment of Justice; to the Committee on Gov- cated: EC–1078. A communication from the Ad- ernmental Affairs. EC–1068. A communication from the Assist- ministrator, Food Safety and Inspection EC–1089. A communication from the Execu- ant Secretary Legislative Affairs, Depart- Service, Department of Agriculture, trans- tive Director, Federal Mine Safety and ment of State, transmitting, pursuant to mitting, pursuant to law, the report of a rule Health Review Commission, transmitting, law, the report of a rule that amends entitled ‘‘Termination of Designation of the pursuant to law, the report of the Federal 42.32(9)(d) of Part 22 of the Code of Federal State of Maine With Respect to the Inspec- Mine and Health Review Commission’s in- Regulations concerning certain victims of tion of Meat and Meat Food Products and ventory of activities; to the Committee on the September 11, 2001 terrorist attacks to Poultry and Poultry Food Products (Doc. Governmental Affairs. file for classification as special immigrants, No. 02–028F)’’ received on February 4, 2003; to EC–1090. A communication from the Colo- received on January 30, 2003; to the Com- the Committee on Agriculture, Nutrition, nel, Corps of Engineers Secretary, Mis- mittee on the Judiciary. and Forestry. sissippi River Commission, transmitting, EC–1069. A communication from the Direc- EC–1079. A communication from the Sec- pursuant to law, the Annual Report for the tor, Regulations and Forms Services, Immi- retary, Office of the General Counsel, Securi- Mississippi River Commission covering cal- gration and Naturalization Service, trans- ties and Exchange Commission, transmit- endar year 2002; to the Committee on Gov- mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule ernmental Affairs. EC–1091. A communication from the Dep- entitled ‘‘Establishment of a $3 Immigration ‘‘Implementation of Standards of Profes- uty Associate Administrator, Office of Ac- User Fee for Certain Commercial Vessel Pas- sional Conduct for Attorneys (RIN3235– quisition Policy, General Services Adminis- sengers Previously Exempt (RIN1115–AG47) AI72)’’ received on January 29, 2003; to the tration, transmitting, pursuant to law, the (INS No. 2180–01)’’ received on January 29, Committee on Banking, Housing, and Urban report of a rule entitled ‘‘Federal Acquisi- 2003; to the Committee on the Judiciary. Affairs. EC–1080. A communication from the Direc- tion Regulation; Federal Acquisition Cir- EC–1070. A communication from the Direc- tor, Financial Crimes Enforcement Network, cular 2001–11 (FAC2001–11)’’ received on Janu- tor, Regulations and Forms Services, Immi- Department of the Treasury, transmitting, ary 21, 2003; to the Committee on Govern- gration and Naturalization Service, trans- pursuant to law, the report of a rule entitled mental Affairs. mitting, pursuant to law, the report of a rule ‘‘Amendment to the Bank Secrecy Act Regu- EC–1092. A communication from the Direc- entitled ‘‘Release of Information Regarding lations—Requirement that Currency Dealers tor, Office of Personnel Management, trans- Immigration and Naturalization Service De- and Exchanges Report Suspicious Trans- mitting, pursuant to law, the report of a rule tainee in Non-Federal Facilities (RIN1115– actions (1506–AA34)’’ received on February 4, entitled ‘‘Prevailing Rate Systems; Change AG67) (INS No. 2203–02)’’ received on January 2003; to the Committee on Banking, Housing, in Federal Wage System Survey Job 29, 2003; to the Committee on the Judiciary. and Urban Affairs. (RIN3206–AJ63)’’ received on January 21, 2003; EC–1071. A communication from the Dep- EC–1081. A communication from the Assist- to the Committee on Governmental Affairs. uty White House Liaison, Department of ant Secretary, Office of the Chief Account- EC–1093. A communication from the Direc- Education, transmitting, pursuant to law, ant, Securities & Exchange Commission, tor, Office of Personnel Management, trans- the report of a nomination for the position of transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule Assistant Secretary, received on January 31, a rule entitled ‘‘Strengthening the Commis- entitled ‘‘Prevailing Rate Systems; Defini- 2003; to the Committee on Health, Education, sion’s Requirement Regarding Auditor Inde- tions of Santa Clara, CA, Nonappropriated Labor, and Pensions. pendence (RIN3235–AI73)’’ received on Janu- Fund Wage Area (RIN3206–AJ61)’’ received on EC–1072. A communication from the Ad- ary 29, 2003; to the Committee on Banking, January 28, 2003; to the Committee on Gov- ministrator, Energy Information Adminis- Housing, and Urban Affairs. ernmental Affairs . tration, Department of Energy, transmit- EC–1082. A communication from the Assist- EC–1094. A communication from the Chair- ting, pursuant to law, the report of docu- ant Secretary for Export Administration, man, Defense Nuclear Facilities Safety ment entitled ‘‘Annual Energy Outlook 2003 Bureau of Industry and Security Administra- Board, transmitting, pursuant to law, the with Projections to 2025’’ received on Janu- tion, Department of Commerce, transmit- Annual Report on Commercial Activities at ary 28, 2003; to the Committee on Energy and ting, pursuant to law, the report of a rule en- the Defense Nuclear Facilities Safety Board; Natural Resources. titled ‘‘Revision of Export Controls for Gen- to the Committee on Governmental Affairs. EC–1073. A communication from the Sec- eral Purpose Microprocessors (0694–AC66)’’ EC–1095. A communication from the Sec- retary of Energy, transmitting, pursuant to received on January 28, 2003; to the Com- retary of Labor, Chairman of the Board, Pen- law, the report relative to Implementing mittee on Banking, Housing, and Urban Af- sion Benefit Guaranty Corporation, trans- U.S. Plutonium Disposition At The Savan- fairs. mitting, pursuant to law, the Annual Report nah River Site; to the Committee on Energy EC–1083. A communication from the Sec- of the Pensions Benefit Guaranty Corpora- and Natural Resources. retary of Commerce, transmitting, the re- tion; to the Committee on Governmental Af- EC–1074. A communication from the Acting port relative to the President’s Export Coun- fairs. Chair, Federal Subsistence Board, Fish and cil and the current vacancy of two positions EC–1096. A communication from the Presi- Wildlife Service, Department of the Interior, on that Council; to the Committee on Bank- dent of the United States, transmitting, pur- transmitting, pursuant to law, the report of ing, Housing, and Urban Affairs. suant to law, the report of the Reorganiza- a rule entitled ‘‘Subsistence Management EC–1084. A communication from the Chair- tion Plan Modification for the Department of Regulations for Public Lands in Alaska, Sub- man of the Council, Council of the District of Homeland Security (DHS); to the Committee part C and D—2003–2004 Subsistence Taking Columbia, transmitting, pursuant to law, the on Governmental Affairs. of Fish and Shellfish Regulations (1018– report on D.C. Act 14–553 ‘‘Public Insurance EC–1097. A communication from the Ad- AI09)’’ received on January 29, 2003; to the Adjuster Licensure Act of 2002’’ received on ministrator, National Aeronautics Space Ad- Committee on Energy and Natural Re- February 1, 2003; to the Committee on Gov- ministration, transmitting, pursuant to law, sources. ernmental Affairs. the Fiscal Year 2002 Performance and Ac- EC–1075. A communication from the Dep- EC–1085. A communication from the Chair- countability Report; to the Committee on uty General Counsel, Board of Veterans’ Ap- man of the Council, Council of the District of Governmental Affairs. peals, Department of Veterans Affairs, trans- Columbia, transmitting, pursuant to law, the EC–1098. A communication from the Chair, mitting, pursuant to law, the report of a rule report on D.C. Act 14–554 ‘‘Public Health Railroad Retirement Board, transmitting, entitled ‘‘Appeals Regulations: Title for Laboratory Fee Amendment Act of 2002’’ re- pursuant to law, the Railroad Retirement Members of the Board of Veterans’ Appeals ceived on February 1, 2003; to the Committee Board’s Financial Statements for Fiscal (2900–AK62)’’ received on February 5, 2003; to on Governmental Affairs. Year 2002; to the Committee on Govern- the Committee on Veterans’ Affairs. EC–1086. A communication from the Assist- mental Affairs . EC–1076. A communication from the Dep- ant Administrator, Bureau for Legislative EC–1099. A communication from the Chair- uty General Counsel, Veterans Health Ad- and Public Affairs, U.S. Agency for Inter- man , Board Governors, United States Postal ministration, Department of Veterans Af- national Development, transmitting, pursu- Service, transmitting, pursuant to law, the fairs, transmitting, pursuant to law, the re- ant to law, the report of the pre-publication Annual Report regarding compliance of the port of a rule entitled ‘‘Payment or Reim- version of Fiscal Year 2002 Performance and Board of Governors with the Sunshine Act; bursement for Emergency Treatment Fur- Accountability Report (PAR); to the Com- to the Committee on Governmental Affairs. nished at Non-VA Facilities (2900–AK08)’’ re- mittee on Governmental Affairs. EC–1100. A communication from the Direc- ceived on February 4, 2003; to the Committee EC–1087. A communication from the Sec- tor, Federal Emergency Management Agen- on Veterans’ Affairs. retary of Energy, transmitting, pursuant to cy, transmitting, pursuant to law, the Fed- EC–1077. A communication from the Dep- law, the report of a document entitled ‘‘U.S. eral Emergency Management agency uty General Counsel, Office of Acquisitions & Department of Energy Performance and Ac- (FEMA) Inspector General’s and Director’s

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A communication from the Direc- 2003; to the Committee on Finance. mittee on Commerce, Science, and Transpor- tor, Office of Personnel Management, trans- EC–1113. A communication from the Assist- tation. mitting, pursuant to law, the Fiscal Year ant Secretary for Import Administration, Al- EC–1124. A communication from the Chief, 2002 Annual Report on the Federal Equal Op- ternate Chairman, Foreign-Trade Zones Regulations and Administrative Law, United portunity Recruitment Program (FEORP); Board, Department of Commerce, transmit- States Coast Guard, Department of Trans- to the Committee on Governmental Affairs. ting, pursuant to law, the Annual Report of portation, transmitting, pursuant to law, the EC–1102. A communication from the Comp- the Foreign-Trade Zones Board for Fiscal report of a rule entitled ‘‘Safety/Security troller General of the United States, General Year 2001, received on January 28, 2003; to Zone Regulations; Escorted Vessels-Phil- Accounting Office, transmitting, pursuant to the Committee on Finance. ippine Sea, Guam Apra Harbor, Guam and law, the report relative to General Account- EC–1114. A communication from the Assist- Tanapag Harbor, Saipan, Commonwealth of ing Office (GAO) employees who were as- ant Director for Executive and Political Per- the Northern Mariana Islands (CGD14–02– signed to congressional committees during sonnel, Department of Defense, transmit- 002)(2115–AA97) (2003–0008)’’ received on Janu- fiscal year 2002; to the Committee on Gov- ting, pursuant to law, the report of a nomi- ary 31, 2003; to the Committee on Commerce, ernmental Affairs. nation for the position of Assistant Sec- Science, and Transportation. EC–1103. A communication from the Comp- retary of Defense, received on January 31, EC–1125. A communication from the Chief, troller General of the United States, United 2003; to the Committee on Armed Services. Regulations and Administrative Law, United States General Accounting Office, transmit- EC–1115. A communication from the Super- States Coast Guard, Department of Trans- ting, pursuant to law, the report relative to visor, Headquarters Oklahoma City Air Lo- portation, transmitting, pursuant to law, the General Accounting Office (GAO) employees gistics Center, Department of the Air Force, report of a rule entitled ‘‘Drawbridge Regu- detailed to congressional committees as of transmitting, pursuant to law, the report lations; Mississippi River, Dubuque, IA January 21, 2003; to the Committee on Gov- relative to correspondence between The Su- (CGD08–02–042)(2115–AE47)(2003–0005)’’ re- ernmental Affairs. pervisor and Deputy Chief, Congressional In- ceived on January 31, 2003; to the Committee EC–1104. A communication from the Comp- quiry Division, Office of Legislative Liaison; on Commerce, Science, and Transportation. troller General of the United States, General to the Committee on Armed Services. EC–1126. A communication from the Attor- Accounting Office, transmitting, pursuant to EC–1116. A communication from the Assist- ney/Advisor, Federal Aviation Administra- law, the report relative to the requirements ant Secretary of Defense, Reserve Affairs, tion, Department of Transportation, trans- of the Competition in Contracting Act of transmitting, pursuant to law, the National mitting, pursuant to law, the report of a 1984; to the Committee on Governmental Af- Guard Challenge Program Annual Report for Nomination for the position of Deputy Ad- fairs. Fiscal Year 2002; to the Committee on Armed ministrator, received on January 31, 2003; to EC–1105. A communication from the Presi- the Committee on Commerce, Science, and dent, James Madison Memorial Fellowship Services. EC–1117. A communication from the Attor- Transportation. Foundation, transmitting, pursuant to law, ney/Advisor, Department of Transportation , EC–1127. A communication from the Assist- the Annual Report in accordance with the transmitting, pursuant to law, the report of ant Chief Counsel, Maritime Administration, Federal Managers Financial Integrity Act of a nomination for the position of Associate Department of Transportation, transmitting, 1982; to the Committee on Governmental Af- Deputy Secretary of Transportation, re- pursuant to law, the report of a rule entitled fairs. ‘‘Requirements to Document U.S. Flag Fish- EC–1106. A communication from the Chief, ceived on February 1, 2003; to the Committee ing Industry Vessels of 100 Feet or Greater in Regulations Unit, Internal Revenue Service, on Commerce, Science, and Transportation. Registered Length and to hold a Preferred Department of the Treasury, transmitting, EC–1118. A communication from the Ad- Mortgage on Such Vessels (2133–AB46)’’ re- pursuant to law, the report of a rule entitled ministrator, Federal Aviation Administra- ceived on January 29, 2003; to the Committee ‘‘Insurance Demutualization ((Rev. Rul. 2003– tion, Department of Transportation, trans- mitting, pursuant to law, the Capitol Invest- on Commerce, Science, and Transportation. 19)(2003–7))’’ received on January 29, 2003; to EC–1128. A communication from the Acting the Committee on Finance. ment Plan (CIP) for Fiscal Years 2004–2008; to Director, Office of Sustainable Fisheries, Na- EC–1107. A communication from the Chief, the Committee on Commerce, Science, and tional Marine Fisheries Service, Department Regulations Unit, Internal Revenue Service, Transportation. Department of the Treasury, transmitting, EC–1119. A communication from the Assist- of Commerce, transmitting, pursuant to law, pursuant to law, the report of a rule entitled ant Administrator for Fisheries, National the report of a rule entitled ‘‘Fisheries of the ‘‘355 active conduct of a trade of business - Marine Fisheries Service, Department of Exclusive Economic Zone Off Alaska—Closes auto dealer expansion ((Rev. Rul. 2003– Commerce, transmitting, pursuant to law, First Seasonal Allowances of Pollock in Area 16)(2003–7))’’ received on January 29, 2003; to the report of a rule entitled ‘‘Final Rule to 610, Gulf of Alaska’’ received on February 4, the Committee on Finance. Implement Amendment 5 to the Fishery 2003; to the Committee on Commerce, EC–1108. A communication from the Chief, Management Plan for the Shrimp Fishery of Science, and Transportation. Regulations Unit, Internal Revenue Service, the South Atlantic (0648–AP41)’’ received on f February 4, 2003; to the Committee on Com- Department of the Treasury, transmitting, REPORTS OF COMMITTEES pursuant to law, the report of a rule entitled merce, Science, and Transportation. ‘‘Dissolution Clause Requirements for EC–1120. A communication from the Under The following reports of committees 501(c)(3) Entities Seeking a 115(1) Private Secretary of Commerce, Oceans and Atmos- were submitted: Letter Ruling (Rev. Rul. 2003–12)’’ received phere, Department of Commerce, transmit- By Mr. HATCH, from the Committee on on January 29, 2003; to the Committee on Fi- ting, pursuant to law, the Annual Report of the Judiciary: nance. Coastal Zone Management Fund for the Na- Report to accompany S. 151, A bill to EC–1109. A communication from the Chief, tional Oceanic and Atmospheric Administra- amend title 18, United States Code, with re- Regulations Unit, Internal Revenue Service, tion for Fiscal Year 2002; to the Committee spect to the sexual exploitation of children Department of the Treasury, transmitting, on Commerce, Science, and Transportation. (Rept. No. 108–2). pursuant to law, the report of a rule entitled EC–1121. A communication from the Ad- By Mr. DOMENICI, from the Committee on ‘‘Rev. Proc. 2003–19 (RP–137446–02)’’ received ministrator, National Aeronautics and Space Energy and Natural Resources, with an on January 31, 2003; to the Committee on Fi- Administration, transmitting, pursuant to amendment in the nature of a substitute: nance. law, the report relative to NASA’s 2003 Stra- S. 111. A bill to direct the Secretary of the EC–1110. A communication from the Chief, tegic Plan, received on February 4, 2003; to Interior to conduct a special resource study Regulations Unit, Internal Revenue Service, the Committee on Commerce, Science, and to determine the national significance of the Department of the Treasury, transmitting, Transportation. Miami Circle site in the State of Florida as pursuant to law, the report of a rule entitled EC–1122. A communication from the Senior well as the suitability and feasibility of its ‘‘Leveraged Partnerships Under Section 45D Rulemaking Analyst, Office of the Chief inclusion in the National Park System as (Rev. Rul. 2003–20)’’ received on January 29, Counsel, Transportation Security Adminis- part of Biscayne National Park, and for 2003; to the Committee on Finance. tration, Department of Transportation, other purposes (Rept. No. 108–4). EC–1111. A communication from the Acting transmitting, pursuant to law, the report of By Mr. DOMENICI, from the Committee on Director, Statutory Import Programs Staff, a rule entitled ‘‘Threat Assessment Regard- Energy and Natural Resources, without Department of Commerce, transmitting, pur- ing Alien Holders of, and Applicants for, for amendment: suant to law, the report of a rule entitled FAA Certificates (2110–AA17)’’ received on S. 117. A bill to authorize the Secretary of ‘‘Changes in Insular Possessions Watch, January 29, 2003; to the Committee on Com- Agriculture to sell or exchange certain land Watch Movement and Jewelry Program merce, Science, and Transportation. in the State of Florida, and for other pur- (0625–AA57)’’ received on February 1, 2003; to EC–1123. A communication from the Senior poses (Rept. No. 108–5). the Committee on Finance. Rulemaking Analyst, Office of the Chief By Mr. DOMENICI, from the Committee on EC–1112. A communication from the Dep- Counsel, Transportation Security Adminis- Energy and Natural Resources, with an uty Chief, Regulations Division, Bureau of tration, Department of Transportation, amendment in the nature of a substitute:

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S. 144. A bill to require the Secretary of Building and United States Courthouse’’; to ROCKEFELLER, Mr. REID, Mrs. BOXER, the Interior to establish a program to pro- the Committee on Environment and Public Mr. FEINGOLD, and Mr. CORZINE): vide assistance through States to eligible Works. S. 352. A bill to ensure that commercial in- weed management entities to control or By Mr. GREGG (for himself, Mr. KEN- surers cannot engage in price fixing, bid rig- eradicate harmful, nonnative weeds on pub- NEDY, Mr. DODD, and Mr. ALEX- ging, or market allocations to the detriment lic and private land (Rept. No. 108–6). ANDER): of competition and consumers; to the Com- By Mr. DOMENICI, from the Committee on S. 342. A bill to amend the Child Abuse mittee on the Judiciary. Energy and Natural Resources, without Prevention and Treatment Act to make im- By Mrs. FEINSTEIN: amendment: provements to and reauthorize programs S. 353. A bill for the relief of Denes and S. 210. A bill to provide for the protection under that Act, and for other purposes; to Gyorgyi Fulop; to the Committee on the Ju- of archaeological sites in the Galisteo Basin the Committee on Health, Education, Labor, diciary. in New Mexico, and for other purposes (Rept. and Pensions. By Mr. BINGAMAN: S. 354. A bill to authorize the Secretary of No. 108–7). By Ms. MIKULSKI (for herself, Mr. Transportation to establish the National By Mr. DOMENICI, from the Committee on JOHNSON, Mrs. MURRAY, Ms. STABE- Transportation Modeling and Analysis Pro- Energy and Natural Resources, with an NOW, Mr. CORZINE, Mr. INOUYE, and Mr. BINGAMAN): gram to complete an advanced transpor- amendment in the nature of a substitute: tation simulation model, and for other pur- S. 214. A bill to designate Fort Bayard His- S. 343. A bill to amend title XVIII of the Social Security Act to permit direct pay- poses; to the Committee on Environment and toric District in the State of New Mexico as Public Works. a National Historic Landmark, and for other ment under the medicare program for clin- ical social worker services provided to resi- By Mrs. LINCOLN (for herself, Mr. purposes (Rept. No. 108–8). dents of skilled nursing facilities; to the GRASSLEY, Mr. HAGEL, Mr. DAYTON, By Mr. DOMENICI, from the Committee on Committee on Finance. Mr. DURBIN, Mr. HARKIN, Mr. Energy and Natural Resources, without By Mr. AKAKA (for himself and Mr. COLEMAN, and Mr. JOHNSON): amendment: INOUYE): S. 355. A bill to amend the Internal Rev- S. 233. A bill to direct the Secretary of the S. 344. A bill expressing the policy of the enue Code of 1986 to allow a credit for bio- Interior to conduct a study of Coltsville in United States regarding the United States diesel fuel; to the Committee on Finance. the State of Connecticut for potential inclu- relationship with Native Hawaiians and to By Mrs. LINCOLN (for herself, Mr. sion in the National Park System (Rept. No. provide a process for the recognition by the BOND, and Mr. TALENT): 108–9). United States of the Native Hawaiian gov- S. 356. A bill to amend the Energy Policy S. 254. A bill to revise the boundary of the erning entity, and for other purposes; to the Act of 1992 to increase the allowable credit Kaloko-Honokohau National Historical Park Committee on Indian Affairs. for biodiesel use under the alternatively in the State of Hawaii, and for other pur- By Mr. NELSON of Florida (for him- fueled vehicle purchase requirement; to the Committee on Energy and Natural Re- poses (Rept. No. 108–10). self, Mr. KENNEDY, Mr. GRAHAM of sources. By Mr. SPECTER, without amendment: Florida, Mr. EDWARDS, and Mr. SAR- By Mrs. LINCOLN (for herself, Mr. S. Res. 53. An original resolution author- BANES): izing expenditures by the Committee on Vet- S. 345. A bill to amend title XVIII of the HAGEL, Mr. KERRY, and Mr. SMITH): S. 357. A bill to amend the Internal Rev- erans’ Affairs. Social Security Act to prohibit physicians enue Code of 1986 to modify the credit for the and other health care practitioners from f production of fuel from nonconventional charging membership or other incidental fee sources to include production of fuel from EXECUTIVE REPORT OF (or requiring purchase of other items or serv- agricultural and animal waste; to the Com- COMMITTEE ices) as a prerequisite for the provision of an mittee on Finance. item or service to a medicare beneficiary; to The following executive report of By Mrs. LINCOLN: the Committee on Finance. committee was submitted: S. 358. A bill to amend the Internal Rev- By Mr. LEVIN (for himself and Mr. enue Code of 1986 to modify the credit for the By Mr. SHELBY for the Committee on THOMAS): production of fuel from nonconventional Banking, Housing, and Urban Affairs. S. 346. A bill to amend the Office of Federal sources for the production of electricity to *William H. Donaldson, of New York, to be Procurement Policy Act to establish a gov- include landfill gas; to the Committee on Fi- a Member of the Securities and Exchange ernmentwide policy requiring competition in nance. Commission for the remainder of the term certain executive agency procurements; to By Mrs. LINCOLN (for herself and Mr. expiring June 5, 2007. the Committee on Governmental Affairs. AKAKA): *Nomination was reported with rec- By Mrs. FEINSTEIN: S. 359. A bill to amend the Internal Rev- S. 347. A bill to direct the Secretary of the enue Code of 1986 to modify the credit for the ommendation that it be confirmed sub- Interior and the Secretary of Agriculture to ject to the nominee’s commitment to production of electricity to include elec- conduct a joint special resources study to tricity produced from municipal solid waste; respond to requests to appear and tes- evaluate the suitability and feasibility of es- to the Committee on Finance. tify before any duly constituted com- tablishing the Rim of the Valley Corridor as By Mrs. LINCOLN: mittee of the Senate. a unit of the Santa Monica Mountains Na- S. 360. A bill to amend the Internal Rev- tional Recreation Area, and for other pur- f enue Code of 1986 to treat natural gas dis- poses; to the Committee on Energy and Nat- tribution lines as 10-year property for depre- INTRODUCTION OF BILLS AND ural Resources. ciation purposes; to the Committee on Fi- JOINT RESOLUTIONS By Mr. SCHUMER (for himself, Mr. nance. BIDEN, Ms. SNOWE, Mr. BAYH, Mr. By Mrs. LINCOLN (for herself, Mr. The following bills and joint resolu- SMITH, and Mr. DURBIN): ALLARD, Mr. GRASSLEY, Mr. HARKIN, tions were introduced, read the first S. 348. A bill to amend the Internal Rev- Ms. STABENOW, Mr. HAGEL, Mr. and second times by unanimous con- enue Code of 1986 to make higher education LEVIN, and Mr. DEWINE): sent, and referred as indicated: more affordable, and for other purposes; to S. 361. A bill to amend the Internal Rev- the Committee on Finance. By Mr. BAUCUS (for himself, Mr. enue Code of 1986 to allow for an energy effi- By Mrs. FEINSTEIN (for herself, Ms. cient appliance credit; to the Committee on HATCH, Mr. MILLER, Mr. GRASSLEY, COLLINS, Ms. LANDRIEU, Ms. SNOWE, Finance. Mr. BAYH, and Mr. LUGAR): Mr. KENNEDY, Mr. ALLEN, Mr . JOHN- By Ms. MIKULSKI (for herself, Ms. S. 339. A bill to amend the Internal Rev- SON, Mr. DAYTON, and Mr. BUNNING): SNOWE, Mr. SARBANES, Ms. COLLINS, enue Code of 1986 to simplify the application S. 349. A bill to amend title II of the Social Mrs. MURRAY, and Ms. CANTWELL): of the excise tax imposed on bows and ar- Security Act to repeal the Government pen- S. 362. A bill to amend title II of the Social rows; to the Committee on Finance. sion offset and windfall elimination provi- Security Act to provide that a monthly in- By Mr. BUNNING: sions; to the Committee on Finance. surance benefit thereunder shall be paid for S. 340. A bill to authorize the Secretary of By Mrs. CLINTON (for herself, Mr. the month in which the recipient dies, sub- Health and Human Services to make grants GREGG, and Mr. REID): ject to a reduction of 50 percent if the recipi- to nonprofit tax-exempt organizations for S. 350. A bill to amend the Atomic Energy ent dies during the first 15 days of such the purchase of ultrasound equipment to pro- Act of 1954 to strengthen the security of sen- month, and for other purposes; to the Com- vide free examinations to pregnant women sitive radioactive material; to the Com- mittee on Finance. needing such services, and for other pur- mittee on Environment and Public Works. By Ms. MIKULSKI (for herself, Mr. poses; to the Committee on Health, Edu- By Mr. GRASSLEY: SARBANES, Ms. COLLINS, Mr. cation, Labor, and Pensions. S. 351. An original bill to amend the Inter- BINGAMAN, Mr. DASCHLE, Ms. SNOWE, By Mr. DASCHLE (for himself and Mr. nal Revenue Code of 1986 to improve tax eq- Mr. DORGAN, Ms. LANDRIEU, Mrs. JOHNSON): uity for military personnel, and for other MURRAY, Mr. BREAUX, Ms. S. 341. A bill to designate the Federal purposes; from the Committee on Finance; CANTWELL, Mr. KENNEDY, and Mrs. building and United States courthouse lo- placed on the calendar. CLINTON): cated at 515 9th Street in Rapid City, South By Mr. LEAHY (for himself, Mr. KEN- S. 363. A bill to amend title II of the Social Dakota, as the ‘‘Andrew W. Bogue Federal NEDY, Mr. DURBIN, Mr. EDWARDS, Mr. Security Act to provide that the reductions

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in social security benefits which are required S. 223 S.J. RES. 3 in the case of spouses and surviving spouses At the request of Mrs. FEINSTEIN, the At the request of Mr. LIEBERMAN, the who are also receiving certain Government name of the Senator from Vermont name of the Senator from Illinois (Mr. pensions shall be equal to the amount by (Mr. LEAHY) was added as a cosponsor DURBIN) was added as a cosponsor of which two-thirds of the total amount of the combined monthly benefit (before reduction) of S. 223, A bill to prevent identity S.J. Res. 3, A joint resolution express- and monthly pension exceeds $1,200, adjusted theft, and for other purposes. ing the sense of Congress with respect for inflation; to the Committee on Finance. S. 238 to human rights in Central Asia. f At the request of Mr. REED, the name S. RES. 40 of the Senator from West Virginia (Mr. At the request of Mr. BIDEN, the SUBMISSION OF CONCURRENT AND names of the Senator from Washington SENATE RESOLUTIONS ROCKEFELLER) was added as a cospon- sor of S. 238, A bill to reauthorize the (Ms. CANTWELL), the Senator from Con- The following concurrent resolutions Museum and Library Services Act, and necticut (Mr. DODD), the Senator from and Senate resolutions were read, and for other purposes. Rhode Island (Mr. REED) and the Sen- referred (or acted upon), as indicated: S. 251 ator from New Jersey (Mr. By Ms. COLLINS (for herself and Mr. LAUTENBERG) were added as cosponsors At the request of Mr. LOTT, the LIEBERMAN): names of the Senator from Kentucky of S. Res. 40, A resolution reaffirming S. Res. 51. A resolution authorizing ex- congressional commitment to title IX (Mr. BUNNING), the Senator from Penn- penditures by the Committee on Govern- of the Education Amendments of 1972 sylvania (Mr. SANTORUM) and the Sen- mental Affairs; to the Committee on Rules and its critical role in guaranteeing and Administration. ator from Nebraska (Mr. NELSON) were By Mr. CAMPBELL (for himself, Mr. added as cosponsors of S. 251, A bill to equal educational opportunities for CRAIG, Mrs. LINCOLN, Mr. HATCH, Mr. amend the Internal Revenue Code of women and girls, particularly with re- LOTT, Mr. DORGAN, Ms. LANDRIEU, 1986 to repeal the 4.3-cent motor fuel spect to school athletics. Mr. KOHL, Mr. INHOFE, Mr. DOMENICI, excise taxes on railroads and inland f Mr. SPECTER, Mr. BIDEN, and Mr. ALLEN): waterway transportation which remain STATEMENTS ON INTRODUCED S. Res. 52. A resolution recognizing the so- in the general fund of the Treasury. BILLS AND JOINT RESOLUTIONS cial problem of child abuse and neglect, and S. 253 By Mr. BAUCUS (for himself, Mr. supporting efforts to enhance public aware- At the request of Mr. CAMPBELL, the HATCH, Mr. MILLER, Mr. GRASSLEY, Mr. ness of the problem; to the Committee on the name of the Senator from Mississippi Judiciary. BAYH, and Mr. LUGAR): By Mr. SPECTER: (Mr. LOTT) was added as a cosponsor of S. 339. A bill to amend the Internal S. Res. 53. An original resolution author- S. 253, A bill to amend title 18, United Revenue Code of 1986 to simplify the izing expenditures by the Committee on Vet- States Code, to exempt qualified cur- application of the excise tax imposed erans’ Affairs; from the Committee on Vet- rent and former law enforcement offi- on bows and arrows; to the Committee erans’ Affairs; to the Committee on Rules cers from State laws prohibiting the on Finance. and Administration. carrying of concealed handguns. Mr. BAUCUS. Mr. President, along By Mr. MCCAIN (for himself, Mr. S. 255 with my colleagues, Senators HATCH, LEAHY, Mr. LIEBERMAN, and Mr. MILLER, BAYH and GRASSLEY, I am HARKIN): At the request of Mrs. 4Feinstein, the S. Res. 54. A resolution to provide Internet name of the Senator from California pleased to introduce the Archery Ex- access to certain Congressional documents, (Mrs. BOXER) was added as a cosponsor cise Tax Simplification Act of 2003. including certain Congressional Research of S. 255, A bill to amend title 49, This bill will protect funding for the Service publications, certain Senate gift re- United States Code, to require phased Wildlife Restoration Program, the ports, and Senate and Joint Committee doc- increases in the fuel efficiency stand- Pittman-Robertson fund, by simpli- uments; to the Committee on Rules and Ad- ards applicable to light trucks; to re- fying administration and compliance ministration. with the excise tax and closing an un- By Mr. MCCAIN (for himself, Mr. quire fuel economy standards for auto- intended loophole that allows arrows LIEBERMAN, Mr. GRAHAM of South mobiles up to 10,000 pounds gross vehi- Carolina, and Mr. BAYH): cle weight; to increase the fuel econ- assembled outside the United States to S. Con. Res. 4. A concurrent resolution wel- omy of the Federal fleet of vehicles, avoid the excise tax imposed on domes- coming the expression of support of 18 Euro- and for other purposes. tic manufacturers. pean nations for the enforcement of United S. 286 The creation of the Wildlife Restora- Nations Security Counsel Resolution 1441; to tion Program is one of the great suc- the Committee on Foreign Relations. At the request of Mr. BOND, the names of the Senator from Ohio (Mr. cess stories of cooperation among f America’s sportsmen and women, State DEWINE) and the Senator from Lou- fish and wildlife agencies, and the ADDITIONAL COSPONSORS isiana (Ms. LANDRIEU) were added as cosponsors of S. 286, A bill to revise sporting goods industry. Working to- S. 83 gether with Congress, Americans who At the request of Mr. DURBIN, the and extend the Birth Defects Preven- tion Act of 1998. enjoy the outdoors volunteered to pay name of the Senator from Nebraska an excise tax on sporting arms and am- (Mr. NELSON) was added as a cosponsor S. 298 munition to be used for hunter edu- of S. 83, A bill to expand aviation ca- At the request of Mr. BAUCUS, the cation programs, wildlife restoration, pacity in the Chicago area, and for names of the Senator from California and habitat conservation. other purposes. (Mrs. BOXER) and the Senator from Originally the archery industry did S. 85 California (Mrs. FEINSTEIN) were added not participate in this program. How- At the request of Mr. LUGAR, the as cosponsors of S. 298, A bill to pro- ever, the growth of bow hunting in the name of the Senator from Minnesota vide tax relief and assistance for the ’60s and ’70s led the archery industry to (Mr. DAYTON) was added as a cosponsor families of the heroes of the Space decide they would support the excise of S. 85, A bill to amend the Internal Shuttle Columbia, and for other pur- tax that funds State game agencies. As Revenue Code of 1986 to provide for a poses. a result, the tax was extended to arch- charitable deduction for contributions S. 300 ery equipment in 1975. The tax on arch- of food inventory. At the request of Mr. KERRY, the ery equipment was meant to parallel S. 153 name of the Senator from California the tax that hunters were paying on At the request of Mrs. FEINSTEIN, the (Mrs. BOXER) was added as a cosponsor firearms and ready-to-fire ammunition. names of the Senator from New York of S. 300, A bill to award a congres- The archery industry and bow hunters (Mr. SCHUMER) and the Senator from sional gold medal to Jackie Robinson are pleased to contribute to the success South Dakota (Mr. JOHNSON) were (posthumously), in recognition of his of the Wildlife Restoration Program. added as cosponsors of S. 153, A bill to many contributions to the Nation, and Because current law taxes compo- amend title 18, United States Code, to to express the sense of Congress that nents and not arrows, foreign manufac- establish penalties for aggravated iden- there should be a national day in rec- turers are selling arrows in the United tity theft, and for other purposes. ognition of Jackie Robinson. States without paying the excise tax

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2189 that is imposed on arrows made in the the archery excise tax. The Joint Com- of Senator TIM JOHNSON and myself to United States. Not only are these mittee on Taxation estimates the pro- name the Rapid City United States untaxed imports unfair to American posal will decrease revenues by $5 mil- Courthouse and Federal Building in workers, they threaten the integrity of lion over ten years resulting in small honor of Judge Andrew W. Bogue, Sen- the Wildlife Restoration Fund. changes in outlays from the Federal ior Judge of the U.S. District Court of This issue is important to companies Aid in Wildlife Fund. Failure to close the District of South Dakota. in Montana. Mike Ellig, a manufac- the import loophole will eviscerate the The administration of justice in turer of archery products in Bozeman, archery tax base resulting in dev- western South Dakota is nearly syn- MT, pays this tax. He supports the tax, astating losses to the Fund. onymous with the name of Judge but asks that it be fair. Mike’s com- I ask unanimous consent that the Bogue. He is almost single-handedly re- pany, Montana Black Gold, and the text of the bill be printed in the sponsible for establishing the Federal archery industry want to support the RECORD. district court in Rapid City, and Wildlife Restoration Program. But the There being no objection, the bill was worked tirelessly to see the Courthouse way the tax works today, American ordered to be printed in the RECORD, as and Federal Building constructed there manufacturers are at a competitive follows: to provide a new home for the adminis- disadvantage. That is why the 800 S. 339 tration of justice in the area. members of the Montana Bowhunters Be it enacted by the Senate and House of Rep- Judge Bogue was the first resident Association support this measure. resentatives of the United States of America in judge in the western division of the This legislation will close the loop- Congress assembled, U.S. District Court District of South hole that allows imported arrows to SECTION 1. SHORT TITLE. Dakota. Before he came along, judges avoid the excise tax paid by domestic This Act may be cited as the ‘‘Arrow Ex- had to travel into the division from manufacturers. While keeping the cur- cise Tax Simplification Act of 2003’’. other parts of the State, and court was rent 12.4 percent tax on arrow compo- SEC. 2. SIMPLIFICATION OF EXCISE TAX IM- held in the ancient Deadwood Terri- nents, the proposal will impose a tax of POSED ON BOWS AND ARROWS. torial Courthouse or in makeshift 12 percent on the first sale of an arrow (a) BOWS.—Section 4161(b)(1) of the Internal courtrooms throughout the 11-county assembled from untaxed components. Revenue Code of 1986 (relating to bows) is region. Faced with the logistical has- U.S. manufacturers and foreign manu- amended to read as follows: sles of court operations, attorneys were ‘‘(1) BOWS.— facturers will be treated equally. ‘‘(A) IN GENERAL.—There is hereby imposed less likely to use the court system. Since this loophole was inadvertently on the sale by the manufacturer, producer, After Judge Bogue took the bench, he created in 1997, archery imports, most- or importer of any bow which has a draw helped transform the justice system in ly finished arrows, increased from weight of 30 pounds or more, a tax equal to western South Dakota. First, he $430,000 in 1998, to $1.6 million in 1999, 11 percent of the price for which so sold. oversaw the establishment of a new to $3.2 million in 2000, to $7.8 million in ‘‘(B) ARCHERY EQUIPMENT.—There is hereby district seat in Rapid City, the popu- 2001 and to $11.0 million in 2002, imposed on the sale by the manufacturer, lation center. Then he worked along- through November. If Congress does producer, or importer— side South Dakota’s congressional del- not act quickly to close this loophole, ‘‘(i) of any part or accessory suitable for inclusion in or attachment to a bow de- egation to secure funding for the con- domestic manufacturers will be forced scribed in subparagraph (A), and struction of the Rapid City Federal to relocate outside of the United ‘‘(ii) of any quiver or broadhead suitable Building and United States Court- States. They simply cannot afford to for use with an arrow described in paragraph house. lose market share for a fifth year to (3), During the course of his career as a competitors who do not pay the same a tax equal to 11 percent of the price for Federal judge, Bogue has presided over tax they pay. If a few more move over- which so sold.’’. many high-profile cases, including seas, the rest will follow. The result (b) ARROWS.—Section 4161(b) of the Inter- cases stemming from American Indian will be a catastrophic loss of revenue nal Revenue Code of 1986 (relating to bows Movement, AIM, uprisings in the 1970s. for the Federal Wildlife Restoration and arrows, etc.) is amended by redesig- He has maintained a reputation for Fund. nating paragraph (3) as paragraph (4) and in- being fair, objective, and compas- serting after paragraph (2) the following: Current law also taxes non-hunters, ‘‘(3) ARROWS.— sionate. contrary to Congressional intent. To ‘‘(A) IN GENERAL.—There is hereby imposed Before rising to the U.S. District relieve non-hunters from the require- on the sale by the manufacturer, producer, Court bench, Andrew Bogue was edu- ment to pay for wildlife management, or importer of any arrow, a tax equal to 12 cated at South Dakota State Univer- the legislation would eliminate the percent of the price for which so sold. sity. After serving our Nation with the current-law tax on bows with draw ‘‘(B) EXCEPTION.—The tax imposed by sub- U.S. Army Signal Corps during World weights of less than 30 pounds. Those paragraph (A) on an arrow shall not apply if War II, he returned home to complete a bows are not suitable or, in many the arrow contains an arrow shaft subject to law degree at the University of South the tax imposed by paragraph (2). states, legal for hunting. To preserve Dakota and to marry his lovely wife ‘‘(C) ARROW.—For purposes of this para- the revenue for the Wildlife Restora- graph, the term ‘arrow’ means any shaft de- Liz. He was admitted to the South Da- tion Fund, the bill would retain the scribed in paragraph (2) to which additional kota Bar in 1947. current tax on bows that are suitable components are attached.’’. Andrew Bogue again answered the for hunting. (c) CONFORMING AMENDMENT.—The heading call to defend our country during the The proposal would also clarify that of section 4161(b)(2) of the Internal Revenue Korean War, serving in the U.S. Army’s broadheads are an accessory taxed at 11 Code of 1986 (relating to arrows) is amended Judge Advocate General’s corps. Upon percent rather than as an arrow com- by striking ‘‘ARROWS.—’’ and inserting his return, he practiced as a private at- ponent taxed at 12.4 percent. This will ‘‘ARROW COMPONENTS.—’’. torney and a State’s Attorney before (d) EFFECTIVE DATE.—The amendments correct the ambiguity in the 1997 Act made by this section shall apply to articles becoming a South Dakota circuit court that led to the misclassification of sold by the manufacturer, producer, or im- judge. He joined the Federal bench on broadheads. porter after December 31, 2003. May 1, 1970, and was elevated to Chief In summary, the Arrow Excise Tax Judge in 1980. He took senior status in Simplification Act of 2001 would ac- By Mr. DASCHLE (for himself 1985. complish worthy objectives. It would and Mr. JOHNSON): It is right and fitting that the Rapid close the loophole that allows foreign S. 341. A bill to designate the Federal City Federal Building and Courthouse imported arrows to escape the tax and building and United States courthouse be named for the individual whose leg- remove the tax on youth and rec- located at 515 9th Street in Rapid City, acy pervades its halls. The legislation reational archery equipment that were South Dakota, as the ‘‘Andrew W. Senator JOHNSON and I introduce today never meant to be taxed. We will ac- Bogue Federal Building and United began with an outpouring of support complish these goals while protecting States Courthouse’’; to the Committee from Judge Bogue’s colleagues. The the Wildlife Restoration Program by on Environment and Public Works. Pennington County Bar Association ensuring that there is no significant Mr. DASCHLE. Mr. President, today and the Seventh Judicial Circuit Court diminution of revenues collected by I am introducing legislation on behalf Judges and Magistrate Judges have

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2190 CONGRESSIONAL RECORD — SENATE February 11, 2003 passed resolutions supporting this ini- previous changes to CAPTA, by en- children who are hard to place, includ- tiative. I am proud to offer this legisla- hancing the CPS workforce and con- ing children with special needs, older tion in honor of a great South Dako- tinuing to ensure that children and children, and disabled infants with life- tan. families receive appropriate services threatening conditions. I ask unanimous consent that the and referrals. With 131,000 children currently wait- text of this legislation be printed in The legislation my colleagues and I ing for adoption, we must improve the RECORD. are introducing today encourages new upon this program by seeking to fur- There being no objection, the bill was training and better qualifications for ther tear down barriers to adoption. ordered to be printed in the RECORD, as child and family service workers. With Specifically—we are placing an in- follows: this reauthorization, States can give creased emphasis on the elimination of S. 341 additional training to CPS workers on inter-jurisdictional barriers to adop- Be it enacted by the Senate and House of Rep- how to best work with families from tion. resentatives of the United States of America in the time that the CPS worker walks This Act would require the Secretary Congress assembled, through the door of a home to the of the Department of Health and SECTION 1. DESIGNATION OF ANDREW W. BOGUE point of treatment for the child and Human Services to fund public or pri- FEDERAL BUILDING AND UNITED family. vate entities, including States, to de- STATES COURTHOUSE. velop a uniform home-study standard The Federal building and United States In 2000, CPS workers nationwide in- vestigated 1.7 million cases of reported and protocols for acceptance of home- courthouse located at 515 9th Street in Rapid studies between States and jurisdic- City, South Dakota, shall be known and des- Child Abuse and Neglect. The environ- ignated as the ‘‘Andrew W. Bogue Federal ments in which CPS workers conduct tions. The Secretary would also help to Building and United States Courthouse’’. these investigations can vary greatly facilitate cross-jurisdictional place- SEC. 2. REFERENCES. in level of safety. With this legislation, ments by developing models of financ- Any reference in a law, map, regulation, States will be able to use Federal dol- ing, expanding capacity of all adoption document, paper, or other record of the lars to provide some personal safety exchanges to serve increasing numbers United States to the Federal building and training for CPS workers for when they of children, training social workers on United States courthouse referred to in sec- preparing and moving children across tion 1 shall be deemed to be a reference to enter the home. Additionally, the rights of families are also addressed State lines, and developing and sup- the Andrew W. Bogue Federal Building and porting models for networking among United States Courthouse. during the initial stages of investiga- tion, by requiring CPS workers to in- agencies, adoption exchange, and par- By Mr. GREGG (for himself, Mr. form individuals of child maltreatment ent support groups across jurisdic- tional boundaries. KENNEDY, Mr. DODD, and Mr. allegations made against them. Within one year of enactment, the ALEXANDER): During their investigations, CPS bill would require the Department of S. 342. A bill to amend the Child workers encounter a myriad of types of Health and Human Services, in con- Abuse Prevention and Treatment Act abuse. In 2000, approximately 63 per- sultation with the General Accounting to make improvements to and reau- cent of children who were victims of Office, to facilitate the inter-jurisdic- thorize programs under that Act, and maltreatment suffered neglect, 19 per- tional adoption of foster children. Ad- for other purposes; to the Committee cent suffered physical abuse, 10 percent ditionally, the bill would also make on Health, Education, Labor, and Pen- suffered sexual abuse, and 8 percent inter-jurisdictional adoption issues— sions. suffered emotional maltreatment. In including financing and best prac- Mr. GREGG. Mr. President, last year order to help insure that cases of abuse tices—a part of a larger study HHS our Nation was stunned by a videotape and neglect are properly identified, would be required to conduct on adop- of a mother beating her 4 year old States would be able to provide cross- tion placements. Current law generally daughter in the parking lot of a shop- training for CPS workers to help them allows HHS to fund services provided ping center. Yet the unfortunate fact is better recognize neglect, domestic vio- by public and nonprofit private agen- that each year, behind closed doors, lence or substance abuse in a family. cies only. To help facilitate this proc- close to one million children in the This bill would also enhance linkages ess, we would double the current au- United States are abused or neglected between child protection services and thorization for this title from $20 mil- and as a result, are in need of assist- education, health, mental health, and lion to $40 million. ance and out-of-home care. judicial systems. Further, it would en- Third, the Keeping Children and I am pleased today to be joined by courage greater collaboration with the Families Safe Act of 2003 reauthorizes Senators KENNEDY, DODD and ALEX- juvenile justice system to ensure that the Abandoned Infants Assistance Act. ANDER, in introducing legislation children who move between these two This program authorizes demonstra- aimed at reducing child abuse and ne- systems do so smoothly and receive the tion grants to public and private non- glect and mitigating its very damaging proper services. profit agencies for activities aimed at impact. The ‘‘Keeping Children and As a condition of receiving state preventing the abandonment of infants, Families Safe Act of 2003’’ reauthorizes grant money, we ask States to have identifying and addressing the needs of four key programs designed to do just policies and procedures, including re- abandoned infants, and recruiting and that. ferral to CPS, to address the needs of training foster families for abandoned First, we reauthorize the Child Abuse infants who have been prenatally ex- children. Prevention and Treatment Act, posed to illegal substances. We also re- Currently, grant recipients must en- CAPTA, which provides grants to quire States to perform background sure that priority for their services is States to improve child protection sys- checks on all adults in prospective fos- given to abandoned infants and young tems and to support community-based ter care households. Current law only children who are HIV-infected, family resource and support services. requires that checks be performed on perinatally exposed to HIV, or CAPTA also authorizes research and the prospective foster care parent. perinatally drug-exposed. This legisla- demonstration projects aimed at pre- We have all heard the horrific ac- tion, which includes and increase in au- venting and treating child abuse and counts in the media of those children thorization to $45 million, would broad- neglect. who slip through the cracks of the en priority for services to include aban- The last reauthorization of CAPTA child protective system. It is our hope doned infants and young children who in 1996 made significant changes in this that with this reauthorization, which have life threatening illnesses or other program to better target limited Fed- includes an increase in authorization special medical needs. eral resources and to enhance the abil- to $200 million, we can help States to Finally, we reauthorize the Family ity of States to respond to the most se- fill some of those cracks. Violence Prevention and Services Act, rious cases of abuse and neglect. Unfor- The second program we reauthorize FVPSA, which assists in efforts to in- tunately, the issues facing an overbur- is the Adoption Opportunities Act. crease public awareness about family dened child welfare system are seldom This Act is intended to eliminate bar- violence and provide immediate shelter easily resolved. The Keeping Children riers to adoption and to provide perma- and related assistance to victims of and Families Safe Act will build upon nent homes for children, particularly family violence and their children.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2191 This reauthorization increases the TITLE II—ADOPTION OPPORTUNITIES (5) in paragraph (5) (as so redesignated)— authorization for the National Domes- Sec. 201. Congressional findings and declara- (A) in subparagraph (A), by striking ‘‘orga- tic Violence Hotline to $5 million and tion of purpose. nizations’’ and inserting ‘‘community-based Sec. 202. Information and services. organizations’’; establishes a National Domestic Vio- (B) in subparagraph (D), by striking ‘‘en- lence Shelter Network to link domestic Sec. 203. Study of adoption placements. Sec. 204. Studies on successful adoptions. sures’’ and all that follows through ‘‘knowl- violence shelters and service providers Sec. 205. Authorization of appropriations. edge,’’ and inserting ‘‘recognizes the need for and the National Domestic Violence TITLE III—ABANDONED INFANTS properly trained staff with the qualifications needed’’; and Hotline on a confidential website. The ASSISTANCE website would provide a continuously (C) in subparagraph (E), by inserting before Sec. 301. Findings. the semicolon the following: ‘‘, which may updated list of shelter availability any- Sec. 302. Establishment of local projects. where in the United States at any time impact child rearing patterns, while at the Sec. 303. Evaluations, study, and reports by same time, not allowing those differences to and would provide comprehensive in- Secretary. enable abuse’’; formation describing the services each Sec. 304. Authorization of appropriations. (6) in paragraph (7) (as so redesignated), by shelter provides such as medical, social Sec. 305. Definitions. striking ‘‘this national child and family and bilingual services. It would also TITLE IV—FAMILY VIOLENCE emergency’’ and inserting ‘‘child abuse and provide internet access to shelters that PREVENTION AND SERVICES ACT neglect’’; and do not have appropriate technology. Sec. 401. State demonstration grants. (7) in paragraph (9) (as so redesignated)— Domestic violence and child abuse af- Sec. 402. Secretarial responsibilities. (A) by striking ‘‘intensive’’ and inserting ‘‘needed’’; and fect thousands upon thousands of fami- Sec. 403. Evaluation. Sec. 404. Information and technical assist- (B) by striking ‘‘if removal has taken lies each year, often with tragic re- ance centers. place’’ and inserting ‘‘where appropriate’’. sults. In the year 2000 alone, 1200 chil- Sec. 405. Authorization of appropriations. Subtitle A—General Program dren died as a consequence of child Sec. 406. Grants for State domestic violence SEC. 111. NATIONAL CLEARINGHOUSE FOR IN- abuse and neglect, 85 percent of whom coalitions. FORMATION RELATING TO CHILD were under the age of 6. We must con- Sec. 407. Evaluation and monitoring. ABUSE. tinue our efforts to stem the tide of Sec. 408. Family member abuse information (a) FUNCTIONS.—Section 103(b) of the Child abuse to prevent these dreadful results. and documentation project. Abuse Prevention and Treatment Act (42 Sec. 409. Model State leadership grants. U.S.C. 5104(b)) is amended— This legislation reauthorizes four pro- Sec. 410. National domestic violence hotline (1) in paragraph (1), by striking ‘‘all pro- grams that address the needs of some grant. grams,’’ and all that follows through ‘‘ne- of our most at-risk children and fami- Sec. 411. Youth education and domestic vio- glect; and’’ and inserting ‘‘all effective pro- lies, and I urge my colleagues’ support. lence. grams, including private and community- I ask unanimous consent that the Sec. 412. National domestic violence shelter based programs, that show promise of suc- text of the bill be printed in the network. cess with respect to the prevention, assess- RECORD. Sec. 413. Demonstration grants for commu- ment, identification, and treatment of child There being no objection, the bill was nity initiatives. abuse and neglect and hold the potential for Sec. 414. Transitional housing assistance. broad scale implementation and replica- ordered to be printed in the RECORD, as Sec. 415. Technical and conforming amend- tion;’’; follows: ments. (2) in paragraph (2), by striking the period S. 342 TITLE I—CHILD ABUSE PREVENTION AND and inserting a semicolon; Be it enacted by the Senate and House of Rep- TREATMENT ACT (3) by redesignating paragraph (2) as para- resentatives of the United States of America in graph (3); SEC. 101. FINDINGS. Congress assembled, (4) by inserting after paragraph (1) the fol- Section 2 of the Child Abuse Prevention SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lowing: and Treatment Act (42 U.S.C. 5101 note) is ‘‘(2) maintain information about the best (a) SHORT TITLE.—This Act may be cited as amended— the ‘‘Keeping Children and Families Safe Act practices used for achieving improvements (1) in paragraph (1), by striking ‘‘close to in child protective systems;’’; and of 2003’’. 1,000,000’’ and inserting ‘‘approximately (5) by adding at the end the following: (b) TABLE OF CONTENTS.—The table of con- 900,000’’; tents of this Act is as follows: ‘‘(4) provide technical assistance upon re- (2) by redesignating paragraphs (2) through quest that may include an evaluation or Sec. 1. Short title; table of contents. (11) as paragraphs (4) through (13), respec- identification of— TITLE I—CHILD ABUSE PREVENTION tively; ‘‘(A) various methods and procedures for AND TREATMENT ACT (3) by inserting after paragraph (1) the fol- the investigation, assessment, and prosecu- Sec. 101. Findings. lowing: tion of child physical and sexual abuse cases; ‘‘(2)(A) more children suffer neglect than Subtitle A—General Program ‘‘(B) ways to mitigate psychological trau- any other form of maltreatment; and ma to the child victim; and Sec. 111. National clearinghouse for infor- ‘‘(B) investigations have determined that ‘‘(C) effective programs carried out by the mation relating to child abuse. approximately 63 percent of children who States under this Act; and Sec. 112. Research and assistance activities were victims of maltreatment in 2000 suf- ‘‘(5) collect and disseminate information and demonstrations. fered neglect, 19 percent suffered physical relating to various training resources avail- Sec. 113. Grants to States and public or pri- abuse, 10 percent suffered sexual abuse, and 8 able at the State and local level to— vate agencies and organiza- percent suffered emotional maltreatment; ‘‘(A) individuals who are engaged, or who tions. ‘‘(3)(A) child abuse can result in the death intend to engage, in the prevention, identi- Sec. 114. Grants to States for child abuse of a child; and neglect prevention and fication, and treatment of child abuse and ‘‘(B) in 2000, an estimated 1,200 children neglect; and treatment programs. were counted by child protection services to Sec. 115. Miscellaneous requirements relat- ‘‘(B) appropriate State and local officials have died as a result of abuse or neglect; and ing to assistance. to assist in training law enforcement, legal, ‘‘(C) children younger than 1 year old com- Sec. 116. Authorization of appropriations. judicial, medical, mental health, education, prised 44 percent of child abuse fatalities and Sec. 117. Reports. and child welfare personnel.’’. 85 percent of child abuse fatalities were (b) COORDINATION WITH AVAILABLE RE- Subtitle B—Community-Based Grants for younger than 6 years of age;’’; SOURCES.—Section 103(c)(1) of the Child the Prevention of Child Abuse (4) by striking paragraph (4) (as so redesig- Abuse Prevention and Treatment Act (42 Sec. 121. Purpose and authority. nated), and inserting the following: U.S.C. 5104(c)(1)) is amended— Sec. 122. Eligibility. ‘‘(4)(A) many of these children and their (1) in subparagraph (E), by striking ‘‘105(a); Sec. 123. Amount of grant. families fail to receive adequate protection and’’ and inserting ‘‘104(a);’’; Sec. 124. Existing grants. and treatment; (2) by redesignating subparagraph (F) as Sec. 125. Application. ‘‘(B) slightly less than half of these chil- subparagraph (G); and Sec. 126. Local program requirements. dren (45 percent in 2000) and their families (3) by inserting after subparagraph (E) the Sec. 127. Performance measures. fail to receive adequate protection or treat- following: Sec. 128. National network for community- ment; and ‘‘(F) collect and disseminate information based family resource pro- ‘‘(C) in fact, approximately 80 percent of that describes best practices being used grams. all children removed from their homes and throughout the Nation for making appro- Sec. 129. Definitions. placed in foster care in 2000, as a result of an priate referrals related to, and addressing, Sec. 130. Authorization of appropriations. investigation or assessment conducted by the physical, developmental, and mental Subtitle C—Conforming Amendments the child protective services agency, re- health needs of abused and neglected chil- Sec. 141. Conforming amendments. ceived no services;’’; dren; and’’.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2192 CONGRESSIONAL RECORD — SENATE February 11, 2003 SEC. 112. RESEARCH AND ASSISTANCE ACTIVI- abuse and neglect specified in subparagraphs guidelines for health education, and should TIES AND DEMONSTRATIONS. (i) through (ix) of paragraph (1)(I). reduce child sexual abuse by focusing on pre- (a) RESEARCH.—Section 104(a) of the Child ‘‘(3) REPORT.—Not later than 4 years after vention for both adolescent victims and vic- Abuse Prevention and Treatment Act (42 the date of the enactment of the Keeping timizers.’’. U.S.C. 5105(a)) is amended— Children and Families Safe Act of 2003, the SEC. 113. GRANTS TO STATES AND PUBLIC OR (1) in paragraph (1)— Secretary shall prepare and submit to the PRIVATE AGENCIES AND ORGANIZA- (A) in the matter preceding subparagraph Committee on Education and the Workforce TIONS. (A), in the first sentence, by inserting ‘‘, in- of the House of Representatives and the (a) DEMONSTRATION PROGRAMS AND cluding longitudinal research,’’ after ‘‘inter- Committee on Health, Education, Labor and PROJECTS.—Section 105(a) of the Child Abuse disciplinary program of research’’; and Pensions of the Senate a report that con- Prevention and Treatment Act (42 U.S.C. (B) in subparagraph (B), by inserting before tains the results of the research conducted 5106(a)) is amended— the semicolon the following: ‘‘, including the under paragraph (2).’’. (1) in the subsection heading, by striking (b) PROVISION OF TECHNICAL ASSISTANCE.— effects of abuse and neglect on a child’s de- ‘‘DEMONSTRATION’’ and inserting ‘‘GRANTS Section 104(b) of the Child Abuse Prevention velopment and the identification of success- FOR’’; and Treatment Act (42 U.S.C. 5105(b)) is ful early intervention services or other serv- (2) in the matter preceding paragraph (1)— amended— ices that are needed’’; (A) by inserting ‘‘States,’’ after ‘‘contracts (1) in paragraph (1)— (C) in subparagraph (C)— with,’’; (A) by striking ‘‘nonprofit private agencies (i) by striking ‘‘judicial procedures’’ and (B) by striking ‘‘nonprofit’’; and and’’ and inserting ‘‘private agencies and inserting ‘‘judicial systems, including multi- (C) by striking ‘‘time limited, demonstra- community-based’’; and disciplinary, coordinated decisionmaking tion’’; (B) by inserting ‘‘, including replicating procedures’’; and (3) in paragraph (1)— successful program models,’’ after ‘‘programs (ii) by striking ‘‘and’’ at the end; and (A) in the matter preceding subparagraph and activities’’; and (D) in subparagraph (D)— (A), by striking ‘‘nonprofit’’; (2) in paragraph (2)— (i) in clause (viii), by striking ‘‘and’’ at the (B) in subparagraph (A), by striking ‘‘law, (A) in subparagraph (B), by striking ‘‘and’’ end; education, social work, and other relevant at the end; (ii) by redesignating clause (ix) as clause fields’’ and inserting ‘‘law enforcement, judi- (B) in subparagraph (C), by striking the pe- (x); and ciary, social work and child protection, edu- riod and inserting ‘‘; and’’; and (iii) by inserting after clause (viii), the fol- cation, and other relevant fields, or individ- (C) by adding at the end the following: lowing: uals such as court appointed special advo- ‘‘(D) effective approaches being utilized to ‘‘(ix) the incidence and prevalence of child cates (CASAs) and guardian ad litem,’’; link child protective service agencies with maltreatment by a wide array of demo- (C) in subparagraph (B), by striking ‘‘non- health care, mental health care, and develop- graphic characteristics such as age, sex, profit’’ and all that follows through ‘‘; and’’ mental services to improve forensic diag- race, family structure, household relation- and inserting ‘‘children, youth and family nosis and health evaluations, and barriers ship (including the living arrangement of the service organizations in order to prevent and shortages to such linkages.’’. resident parent and family size), school en- (c) DEMONSTRATION PROGRAMS AND child abuse and neglect;’’; rollment and education attainment, dis- PROJECTS.—Section 104 of the Child Abuse (D) in subparagraph (C), by striking the pe- ability, grandparents as caregivers, labor Prevention and Treatment Act (42 U.S.C. riod and inserting a semicolon; force status, work status in previous year, 5105) is amended by adding at the end the fol- (E) by adding at the end the following: and income in previous year; and’’; lowing: ‘‘(D) for training to support the enhance- (E) by redesignating subparagraph (D) as ‘‘(e) DEMONSTRATION PROGRAMS AND ment of linkages between child protective subparagraph (I); and PROJECTS.—The Secretary may award grants service agencies and health care agencies, in- (F) by inserting after subparagraph (C), the to, and enter into contracts with, States or cluding physical and mental health services, following: public or private agencies or organizations to improve forensic diagnosis and health ‘‘(D) the evaluation and dissemination of (or combinations of such agencies or organi- evaluations and for innovative partnerships best practices consistent with the goals of zations) for time-limited, demonstration between child protective service agencies achieving improvements in the child protec- projects for the following: and health care agencies that offer creative tive services systems of the States in accord- ‘‘(1) PROMOTION OF SAFE, FAMILY-FRIENDLY approaches to using existing Federal, State, ance with paragraphs (1) through (12) of sec- PHYSICAL ENVIRONMENTS FOR VISITATION AND local, and private funding to meet the health tion 106(a); EXCHANGE.—The Secretary may award grants evaluation needs of children who have been ‘‘(E) effective approaches to interagency under this subsection to entities to assist subjects of substantiated cases of child abuse collaboration between the child protection such entities in establishing and operating or neglect; system and the juvenile justice system that safe, family-friendly physical environ- ‘‘(E) for the training of personnel in best improve the delivery of services and treat- ments— practices to promote collaboration with the ment, including methods for continuity of ‘‘(A) for court-ordered, supervised visita- families from the initial time of contact dur- treatment plan and services as children tran- tion between children and abusing parents; ing the investigation through treatment; sition between systems; and ‘‘(F) for the training of personnel regarding ‘‘(F) an evaluation of the redundancies and ‘‘(B) to safely facilitate the exchange of the legal duties of such personnel and their gaps in the services in the field of child children for visits with noncustodial parents responsibilities to protect the legal rights of abuse and neglect prevention in order to in cases of domestic violence. children and families; make better use of resources; ‘‘(2) EDUCATION IDENTIFICATION, PREVEN- ‘‘(G) for improving the training of super- ‘‘(G) the nature, scope, and practice of vol- TION, AND TREATMENT.—The Secretary may visory and nonsupervisory child welfare untary relinquishment for foster care or award grants under this subsection to enti- workers; State guardianship of low income children ties for projects that provide educational ‘‘(H) for enabling State child welfare agen- who need health services, including mental identification, prevention, and treatment cies to coordinate the provision of services health services; services in cooperation with preschool and with State and local health care agencies, al- ‘‘(H) the information on the national inci- elementary and secondary schools. cohol and drug abuse prevention and treat- dence of child abuse and neglect specified in ‘‘(3) RISK AND SAFETY ASSESSMENT TOOLS.— ment agencies, mental health agencies, and clauses (i) through (xi) of subparagraph (H); The Secretary may award grants under this other public and private welfare agencies to and’’; subsection to entities for projects that pro- promote child safety, permanence, and fam- (2) in paragraph (2), by striking subpara- vide for the development of effective and re- ily stability; graph (B) and inserting the following: search-based risk and safety assessment ‘‘(I) for cross training for child protective ‘‘(B) Not later than 2 years after the date tools relating to child abuse and neglect. service workers in effective and research- of enactment of the Keeping Children and ‘‘(4) TRAINING.—The Secretary may award based methods for recognizing situations of Families Safe Act of 2003, and every 2 years grants under this subsection to entities for substance abuse, domestic violence, and ne- thereafter, the Secretary shall provide an op- projects that involve effective and research- glect; and portunity for public comment concerning the based innovative training for mandated child ‘‘(J) for developing, implementing, or oper- priorities proposed under subparagraph (A) abuse and neglect reporters. ating information and education programs or and maintain an official record of such pub- ‘‘(5) COMPREHENSIVE ADOLESCENT VICTIM/ training programs designed to improve the lic comment.’’; VICTIMIZER PREVENTION PROGRAMS.—The Sec- provision of services to disabled infants with (3) by redesignating paragraph (2) as para- retary may award grants to organizations life-threatening conditions for— graph (4); that demonstrate innovation in preventing ‘‘(i) professionals and paraprofessional per- (4) by inserting after paragraph (1) the fol- child sexual abuse through school-based pro- sonnel concerned with the welfare of dis- lowing: grams in partnership with parents and com- abled infants with life-threatening condi- ‘‘(2) RESEARCH.—The Secretary shall con- munity-based organizations to establish a tions, including personnel employed in child duct research on the national incidence of network of trainers who will work with protective services programs and health care child abuse and neglect, including the infor- schools to implement the program. The pro- facilities; and mation on the national incidence on child gram shall be comprehensive, meet State ‘‘(ii) the parents of such infants.’’;

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2193 (4) by redesignating paragraph (2) and (3) (2) in the second sentence, by inserting ‘‘or (10) by adding at the end the following: as paragraphs (3) and (4), respectively; contract’’ after ‘‘or as a separate grant’’; and ‘‘(13) supporting and enhancing inter- (5) by inserting after paragraph (1), the fol- (3) by adding at the end the following: ‘‘In agency collaboration between the child pro- lowing: the case of an evaluation performed by the tection system and the juvenile justice sys- ‘‘(2) TRIAGE PROCEDURES.—The Secretary recipient of a grant, the Secretary shall tem for improved delivery of services and may award grants under this subsection to make available technical assistance for the treatment, including methods for continuity public and private agencies that demonstrate evaluation, where needed, including the use of treatment plan and services as children innovation in responding to reports of child of a rigorous application of scientific evalua- transition between systems; or abuse and neglect, including programs of col- tion techniques.’’. ‘‘(14) supporting and enhancing collabora- laborative partnerships between the State (d) TECHNICAL AMENDMENT TO HEADING.— tion among public health agencies, the child child protective services agency, community The section heading for section 105 of the protection system, and private community- social service agencies and family support Child Abuse Prevention and Treatment Act based programs to provide child abuse and programs, law enforcement agencies, devel- (42 U.S.C. 5106) is amended to read as follows: neglect prevention and treatment services opmental disability agencies, substance ‘‘SEC. 105. GRANTS TO STATES AND PUBLIC OR (including linkages with education systems) abuse treatment entities, health care enti- PRIVATE AGENCIES AND ORGANIZA- and to address the health needs, including ties, domestic violence prevention entities, TIONS.’’. mental health needs, of children identified as SEC. 114. GRANTS TO STATES FOR CHILD ABUSE mental health service entities, schools, AND NEGLECT PREVENTION AND abused or neglected, including supporting churches and synagogues, and other commu- TREATMENT PROGRAMS. prompt, comprehensive health and develop- nity agencies, to allow for the establishment (a) DEVELOPMENT AND OPERATION mental evaluations for children who are the of a triage system that— GRANTS.—Section 106(a) of the Child Abuse subject of substantiated child maltreatment ‘‘(A) accepts, screens, and assesses reports Prevention and Treatment Act (42 U.S.C. reports.’’. received to determine which such reports re- 5106a(a)) is amended— (b) ELIGIBILITY REQUIREMENTS.— quire an intensive intervention and which re- (1) in paragraph (3)— (1) IN GENERAL.—Section 106(b) of the Child quire voluntary referral to another agency, (A) by inserting ‘‘, including ongoing case Abuse Prevention and Treatment Act (42 program, or project; monitoring,’’ after ‘‘case management’’; and U.S.C. 5106a(b)) is amended— ‘‘(B) provides, either directly or through (B) by inserting ‘‘and treatment’’ after (A) in paragraph (1)(B)— referral, a variety of community-linked serv- ‘‘and delivery of services’’; (i) by striking ‘‘provide notice to the Sec- ices to assist families in preventing child (2) in paragraph (4), by striking ‘‘improv- retary of any substantive changes’’ and in- abuse and neglect; and ing’’ and all that follows through ‘‘referral serting the following: ‘‘ provide notice to the ‘‘(C) provides further investigation and in- systems’’ and inserting ‘‘developing, improv- Secretary— tensive intervention where the child’s safety ing, and implementing risk and safety as- ‘‘(i) of any substantive changes; and’’; is in jeopardy.’’; sessment tools and protocols’’; (ii) by striking the period and inserting ‘‘; (6) in paragraph (3) (as so redesignated), by (3) by striking paragraph (7); and’’; and striking ‘‘nonprofit organizations (such as (4) by redesignating paragraphs (5), (6), (8), (iii) by adding at the end the following: Parents Anonymous)’’ and inserting ‘‘organi- and (9) as paragraphs (6), (8), (9), and (12), re- ‘‘(ii) any significant changes to how funds zations’’; spectively; provided under this section are used to sup- (7) in paragraph (4) (as so redesignated)— (5) by inserting after paragraph (4), the fol- port the activities which may differ from the (A) by striking the paragraph heading; lowing: activities as described in the current State (B) by striking subparagraphs (A) and (C); ‘‘(5) developing and updating systems of application.’’; and technology that support the program and (B) in paragraph (2)(A)— (C) in subparagraph (B)— track reports of child abuse and neglect from (i) by redesignating clauses (ii), (iii), (iv), (i) by striking ‘‘(B) KINSHIP intake through final disposition and allow (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), and CARE.—’’ and inserting the following: interstate and intrastate information ex- (xiii) as clauses (iv), (vi), (vii), (viii), (x), (xi), ‘‘(4) KINSHIP CARE.— change;’’; (xii), (xiii), (xiv), (xv), (xvi) and (xvii), re- ‘‘(A) IN GENERAL.—’’; and (6) in paragraph (6) (as so redesignated), by spectively; (ii) by striking ‘‘nonprofit’’; and striking ‘‘opportunities’’ and all that follows (ii) by inserting after clause (i), the fol- (8) by adding at the end the following: through ‘‘system’’ and inserting ‘‘including— lowing: ‘‘(5) LINKAGES BETWEEN CHILD PROTECTIVE ‘‘(A) training regarding effective and re- ‘‘(ii) policies and procedures (including ap- SERVICE AGENCIES AND PUBLIC HEALTH, MEN- search-based practices to promote collabora- propriate referrals to child protection serv- TAL HEALTH, AND DEVELOPMENTAL DISABIL- tion with the families; ice systems and for other appropriate serv- ITIES AGENCIES.—The Secretary may award ‘‘(B) training regarding the legal duties of ices) to address the needs of infants born and grants to entities that provide linkages be- such individuals; and identified as being affected by illegal sub- tween State or local child protective service ‘‘(C) personal safety training for case stance abuse or withdrawal symptoms re- agencies and public health, mental health, workers;’’; sulting from prenatal drug exposure; and developmental disabilities agencies, for (7) by inserting after paragraph (6) (as so ‘‘(iii) the development of a plan of safe care the purpose of establishing linkages that are redesignated) the following: for the infant born and identified as being af- designed to help assure that a greater num- ‘‘(7) improving the skills, qualifications, fected by illegal substance abuse or with- ber of substantiated victims of child mal- and availability of individuals providing drawal symptoms;’’; treatment have their physical health, men- services to children and families, and the su- (iii) in clause (iv) (as so redesignated), by tal health, and developmental needs appro- pervisors of such individuals, through the inserting ‘‘risk and’’ before ‘‘safety’’; priately diagnosed and treated, in accord- child protection system, including improve- (iv) by inserting after clause (iv) (as so re- ance with all applicable Federal and State ments in the recruitment and retention of designated), the following: privacy laws.’’. caseworkers;’’; ‘‘(v) triage procedures for the appropriate (b) DISCRETIONARY GRANTS.—Section 105(b) (8) by striking paragraph (9) (as so redesig- referral of a child not at risk of imminent of the Child Abuse Prevention and Treat- nated), and inserting the following: harm to a community organization or vol- ment Act (42 U.S.C. 5106(b)) is amended— ‘‘(9) developing and facilitating effective untary preventive service;’’; (1) in the matter preceding paragraph (1), and research-based training protocols for in- (v) in clause (viii)(II) (as so redesignated), by striking ‘‘subsection (b)’’ and inserting dividuals mandated to report child abuse or by striking ‘‘, having a need for such infor- ‘‘subsection (a)’’; neglect; mation in order to carry out its responsibil- (2) by striking paragraph (1); ‘‘(10) developing, implementing, or oper- ities under law to protect children from (3) by redesignating paragraphs (2) and (3) ating programs to assist in obtaining or co- abuse and neglect’’ and inserting ‘‘, as de- as paragraphs (1) and (2), respectively; ordinating necessary services for families of scribed in clause (ix)’’; (4) by inserting after paragraph (2) (as so disabled infants with life-threatening condi- (vi) by inserting after clause (viii) (as so redesignated), the following: tions, including— redesignated), the following: ‘‘(3) Programs based within children’s hos- ‘‘(A) existing social and health services; ‘‘(ix) provisions to require a State to dis- pitals or other pediatric and adolescent care ‘‘(B) financial assistance; and close confidential information to any Fed- facilities, that provide model approaches for ‘‘(C) services necessary to facilitate adop- eral, State, or local government entity, or improving medical diagnosis of child abuse tive placement of any such infants who have any agent of such entity, that has a need for and neglect and for health evaluations of been relinquished for adoption; such information in order to carry out its re- children for whom a report of maltreatment ‘‘(11) developing and delivering informa- sponsibilities under law to protect children has been substantiated.’’; and tion to improve public education relating to from abuse and neglect;’’; (5) in paragraph (4)(D), by striking ‘‘non- the role and responsibilities of the child pro- (vii) in clause (xiii) (as so redesignated)— profit’’. tection system and the nature and basis for (I) by inserting ‘‘who has received training (c) EVALUATION.—Section 105(c) of the reporting suspected incidents of child abuse appropriate to the role, and’’ after ‘‘guardian Child Abuse Prevention and Treatment Act and neglect;’’; ad litem,’’; and (42 U.S.C. 5106(c)) is amended— (9) in paragraph (12) (as so redesignated), (II) by inserting ‘‘who has received train- (1) in the first sentence, by striking ‘‘dem- by striking the period and inserting a semi- ing appropriate to that role’’ after ‘‘advo- onstration’’; colon; and cate’’;

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(viii) in clause (xv) (as so redesignated), by panel (where appropriate) to make measur- ‘‘(c) STUDY AND REPORT RELATING TO CIT- striking ‘‘to be effective not later than 2 able progress in improving the State and IZEN REVIEW PANELS.— years after the date of enactment of this sec- local child protective system’’. ‘‘(1) STUDY.—The Secretary shall conduct a tion’’; (d) ANNUAL STATE DATA REPORTS.—Section study by random sample of the effectiveness (ix) in clause (xvi) (as so redesignated)— 106(d) of the Child Abuse Prevention and of the citizen review panels established (I) by striking ‘‘to be effective not later Treatment Act (42 U.S.C. 5106a(d)) is amend- under section 106(c). than 2 years after the date of enactment of ed by adding at the end the following: ‘‘(2) REPORT.—Not later than 3 years after this section’’; and ‘‘(13) The annual report containing the the date of enactment of the Keeping Chil- (II) by striking ‘‘and’’ at the end; summary of the activities of the citizen re- dren and Families Safe Act of 2003, the Sec- (x) in clause (xvii) (as so redesignated), by view panels of the State required by sub- retary shall submit to the Committee on striking ‘‘clause (xii)’’ each place that such section (c)(6). Education and the Workforce of the House of appears and inserting ‘‘clause (xvi)’’; and ‘‘(14) The number of children under the Representatives and the Committee on (xi) by adding at the end the following: care of the State child protection system Health, Education, Labor, and Pensions of ‘‘(xviii) provisions and procedures to re- who are transferred into the custody of the the Senate a report that contains the results quire that a representative of the child pro- State juvenile justice system.’’. of the study conducted under paragraph tective services agency shall, at the initial (e) REPORT.—Not later than 2 years after (1).’’. time of contact with the individual subject the date of enactment of this Act, the Sec- Subtitle B—Community-Based Grants for the to a child abuse and neglect investigation, retary of Health and Human Services shall Prevention of Child Abuse advise the individual of the complaints or al- prepare and submit to Congress a report that legations made against the individual, in a describes the extent to which States are im- SEC. 121. PURPOSE AND AUTHORITY. manner that is consistent with laws pro- plementing the policies and procedures re- (a) PURPOSE.—Section 201(a)(1) of the Child tecting the rights of the informant; quired under section 106(b)(2)(B)(ii) of the Abuse Prevention and Treatment Act (42 ‘‘(xix) provisions addressing the training of Child Abuse Prevention and Treatment Act. U.S.C. 5116(a)(1)) is amended to read as fol- representatives of the child protective serv- SEC. 115. MISCELLANEOUS REQUIREMENTS RE- lows: ices system regarding the legal duties of the LATING TO ASSISTANCE. ‘‘(1) to support community-based efforts to representatives, which may consist of var- Section 108 of the Child Abuse Prevention develop, operate, expand, enhance, and, ious methods of informing such representa- and Treatment Act (42 U.S.C. 5106d) is where appropriate to network, initiatives tives of such duties, in order to protect the amended by adding at the end the following: aimed at the prevention of child abuse and legal rights and safety of children and fami- ‘‘(d) GAO STUDY.—Not later than February neglect, and to support networks of coordi- lies from the initial time of contact during 1, 2004, the Comptroller General of the nated resources and activities to better investigation through treatment; United States shall conduct a survey of a strengthen and support families to reduce ‘‘(xx) provisions and procedures for improv- wide range of State and local child protec- the likelihood of child abuse and neglect; ing the training, retention, and supervision tion service systems to evaluate and submit and’’. of caseworkers; and to Congress a report concerning— (b) AUTHORITY.—Section 201(b) of the Child ‘‘(xxi) not later than 2 years after the date ‘‘(1) the current training (including cross- Abuse Prevention and Treatment Act (42 of enactment of the Keeping Children and training in domestic violence or substance U.S.C. 5116(b)) is amended— Families Safe Act of 2003, provisions and pro- abuse) of child protective service workers in (1) in paragraph (1)— cedures for requiring criminal background the outcomes for children and to analyze and (A) in the matter preceding subparagraph record checks for prospective foster and evaluate the effects of caseloads, compensa- (A) by striking ‘‘Statewide’’ and all that fol- adoptive parents and other adult relatives tion, and supervision on staff retention and lows through the dash, and inserting ‘‘com- and non-relatives residing in the house- performance; munity-based and prevention-focused pro- hold;’’; and ‘‘(2) the efficiencies and effectiveness of grams and activities designed to strengthen (C) in paragraph (2), by adding at the end agencies that provide cross-training with and support families to prevent child abuse the following flush sentence: court personnel; and and neglect (through networks where appro- ‘‘Nothing in subparagraph (A) shall be con- ‘‘(3) recommendations to strengthen child priate) that are accessible, effective, cul- strued to limit the State’s flexibility to de- protective service effectiveness to improve turally appropriate, and build upon existing termine State policies relating to public ac- outcomes for children. strengths-that—’’; cess to court proceedings to determine child ‘‘(e) SENSE OF CONGRESS.—It is the sense of (B) in subparagraph (F), by striking ‘‘and’’ abuse and neglect.’’. Congress that the Secretary should encour- at the end; and (2) LIMITATION.—Section 106(b)(3) of the age all States and public and private agen- (C) by striking subparagraph (G) and in- Child Abuse Prevention and Treatment Act cies or organizations that receive assistance serting the following: (42 U.S.C. 5106a(b)(3)) is amended by striking under this title to ensure that children and ‘‘(G) demonstrate a commitment to mean- ‘‘With regard to clauses (v) and (vi) of para- families with limited English proficiency ingful parent leadership, including among graph (2)(A)’’ and inserting ‘‘With regard to who participate in programs under this title parents of children with disabilities, parents clauses (vi) and (vii) of paragraph (2)(A)’’. are provided materials and services under with disabilities, racial and ethnic minori- (c) CITIZEN REVIEW PANELS.—Section 106(c) such programs in an appropriate language ties, and members of other underrepresented of the Child Abuse Prevention and Treat- other than English. or underserved groups; and ment Act (42 U.S.C. 5106a(c)) is amended— ‘‘(f) ANNUAL REPORT ON CERTAIN PRO- ‘‘(H) provide referrals to early health and (1) in paragraph (4)— GRAMS.—A State that receives funds under developmental services;’’; and (A) in subparagraph (A)— section 106(a) shall annually prepare and sub- (2) in paragraph (4)— (i) in the matter preceding clause (i)— mit to the Secretary a report describing the (A) by inserting ‘‘through leveraging of (I) by striking ‘‘and procedures’’ and in- manner in which funds provided under this funds’’ after ‘‘maximizing funding’’; serting ‘‘, procedures, and practices’’; and Act, alone or in combination with other Fed- (B) by striking ‘‘a Statewide network of (II) by striking ‘‘the agencies’’ and insert- eral funds, were used to address the purposes community-based, prevention-focused’’ and ing ‘‘State and local child protection system and achieve the objectives of section inserting ‘‘community-based and prevention- agencies’’; and 105(a)(4)(B).’’. focused’’; and (ii) in clause (iii)(I), by striking ‘‘State’’ SEC. 116. AUTHORIZATION OF APPROPRIATIONS. (C) by striking ‘‘family resource and sup- and inserting ‘‘State and local’’; and (a) GENERAL AUTHORIZATION.—Section port program’’ and inserting ‘‘programs and (B) by adding at the end the following: 112(a)(1) of the Child Abuse Prevention and activities designed to strengthen and support ‘‘(C) PUBLIC OUTREACH.—Each panel shall Treatment Act (42 U.S.C. 5106h(a)(1)) is families to prevent child abuse and neglect provide for public outreach and comment in amended to read as follows: (through networks where appropriate)’’. order to assess the impact of current proce- ‘‘(1) GENERAL AUTHORIZATION.—There are (c) TECHNICAL AMENDMENT TO TITLE HEAD- dures and practices upon children and fami- authorized to be appropriated to carry out ING.—Title II of the Child Abuse Prevention lies in the community and in order to meet this title $120,000,000 for fiscal year 2004 and and Treatment Act (42 U.S.C. 5116) is amend- its obligations under subparagraph (A).’’; and such sums as may be necessary for each of ed by striking the heading for such title and (2) in paragraph (6)— the fiscal years 2005 through 2008.’’. inserting the following: (A) by striking ‘‘public’’ and inserting (b) DEMONSTRATION PROJECTS.—Section ‘‘State and the public’’; and 112(a)(2)(B) of the Child Abuse Prevention ‘‘TITLE II—COMMUNITY–BASED GRANTS (B) by inserting before the period the fol- and Treatment Act (42 U.S.C. 5106h(a)(2)(B)) FOR THE PREVENTION OF CHILD ABUSE lowing: ‘‘and recommendations to improve is amended— AND NEGLECT’’. the child protection services system at the (1) by striking ‘‘Secretary make’’ and in- SEC. 122. ELIGIBILITY. State and local levels. Not later than 6 serting ‘‘Secretary shall make’’; and Section 202 of the Child Abuse Prevention months after the date on which a report is (2) by striking ‘‘section 106’’ and inserting and Treatment Act (42 U.S.C. 5116a) is submitted by the panel to the State, the ap- ‘‘section 104’’. amended— propriate State agency shall submit a writ- SEC. 117. REPORTS. (1) in paragraph (1)— ten response to the citizen review panel that Section 110 of the Child Abuse Prevention (A) in subparagraph (A)— describes whether or how the State will in- and Treatment Act (42 U.S.C. 5106f) is (i) by striking ‘‘a Statewide network of corporate the recommendations of such amended by adding at the end the following: community-based, prevention-focused’’ and

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2195 inserting ‘‘community-based and prevention- grams’’ and inserting ‘‘community-based and activities designed to strengthen and support focused’’; and prevention-focused programs and activities families to prevent child abuse and neglect (ii) by striking ‘‘family resource and sup- designed to strengthen and support families in the development, operation and expansion port programs’’ and all that follows through to prevent child abuse and neglect (through of networks where appropriate.’’. the semicolon and inserting ‘‘programs and networks where appropriate)’’; SEC. 127. PERFORMANCE MEASURES. activities designed to strengthen and support (2) in paragraph (2)— Section 207 of the Child Abuse Prevention families to prevent child abuse and neglect (A) by striking ‘‘network of community- and Treatment Act (42 U.S.C. 5116f) is (through networks where appropriate);’’ based, prevention-focused, family resource amended— (B) in subparagraph (B), by inserting ‘‘that and support programs’’ and inserting ‘‘com- (1) in paragraph (1), by striking ‘‘a State- exists to strengthen and support families to munity-based and prevention-focused pro- wide network of community-based, preven- prevent child abuse and neglect’’ after ‘‘writ- grams and activities designed to strengthen tion-focused, family resource and support ten authority of the State)’’; and support families to prevent child abuse programs’’ and inserting ‘‘community-based (2) in paragraph (2)— and neglect (through networks where appro- and prevention-focused programs and activi- (A) in subparagraph (A), by striking ‘‘a priate)’’; and ties designed to strengthen and support fam- network of community-based family re- (B) by striking ‘‘, including those funded ilies to prevent child abuse and neglect’’; source and support programs’’ and inserting by programs consolidated under this Act,’’; (2) by striking paragraph (3), and inserting ‘‘community-based and prevention-focused (3) by striking paragraph (3), and inserting the following: programs and activities designed to the following: ‘‘(3) shall demonstrate that they will have strengthen and support families to prevent ‘‘(3) a description of the inventory of cur- addressed unmet needs identified by the in- child abuse and neglect (through networks rent unmet needs and current community- ventory and description of current services where appropriate)’’; based and prevention-focused programs and required under section 205(3);’’; (B) in subparagraph (B)— activities to prevent child abuse and neglect, (3) in paragraph (4), (i) by striking ‘‘to the network’’; and and other family resource services operating (A) by inserting ‘‘and parents with disabil- (ii) by inserting ‘‘, and parents with dis- in the State;’’; ities,’’ after ‘‘children with disabilities,’’; abilities’’ before the semicolon; (4) in paragraph (4), by striking ‘‘State’s and (C) in subparagraph (C), by striking ‘‘to the network of community-based, prevention-fo- (B) by striking ‘‘evaluation of’’ the first network’’; and cused, family resource and support pro- place it appears and all that follows through (3) in paragraph (3)— grams’’ and inserting ‘‘community-based and ‘‘under this title’’ and inserting ‘‘evaluation (A) in subparagraph (A), by striking prevention-focused programs and activities of community-based and prevention-focused ‘‘Statewide network of community-based, designed to strengthen and support families programs and activities designed to prevention-focused, family resource and sup- to prevent child abuse and neglect’’; strengthen and support families to prevent port programs’’ and inserting ‘‘community- (5) in paragraph (5), by striking ‘‘Statewide child abuse and neglect, and in the design, based and prevention-focused programs and network of community-based, prevention-fo- operation and evaluation of the networks of activities designed to strengthen and support cused, family resource and support pro- such community-based and prevention-fo- families to prevent child abuse and neglect grams’’ and inserting ‘‘start up, mainte- cused programs’’; nance, expansion, and redesign of commu- (through networks where appropriate)’’; (4) in paragraph (5), by striking ‘‘, preven- nity-based and prevention-focused programs (B) in subparagraph (B), by striking tion-focused, family resource and support and activities designed to strengthen and ‘‘Statewide network of community-based, programs’’ and inserting ‘‘and prevention-fo- support families to prevent child abuse and prevention-focused, family resource and sup- cused programs and activities designed to neglect’’; port programs’’ and inserting ‘‘community- strengthen and support families to prevent (6) in paragraph (7), by striking ‘‘individual based and prevention-focused programs and child abuse and neglect’’; community-based, prevention-focused, fam- activities designed to strengthen and support (5) in paragraph (6), by striking ‘‘Statewide ily resource and support programs’’ and in- families to prevent child abuse and neglect network of community-based, prevention-fo- serting ‘‘community-based and prevention- (through networks where appropriate)’’; cused, family resource and support pro- focused programs and activities designed to (C) in subparagraph (C), by striking ‘‘and strengthen and support families to prevent grams’’ and inserting ‘‘community-based and training and technical assistance, to the child abuse and neglect’’; prevention-focused programs and activities Statewide network of community-based, pre- (7) in paragraph (8), by striking ‘‘commu- designed to strengthen and support families vention-focused, family resource and support nity-based, prevention-focused, family re- to prevent child abuse and neglect’’; and programs’’ and inserting ‘‘training, technical source and support programs’’ and inserting (6) in paragraph (8), by striking ‘‘commu- assistance, and evaluation assistance, to ‘‘community-based and prevention-focused nity based, prevention-focused, family re- community-based and prevention-focused programs and activities designed to source and support programs’’ and inserting programs and activities designed to strengthen and support families to prevent ‘‘community-based and prevention-focused strengthen and support families to prevent child abuse and neglect’’; programs and activities designed to child abuse and neglect (through networks (8) in paragraph (9), by striking ‘‘commu- strengthen and support families to prevent where appropriate)’’; and nity-based, prevention-focused, family re- child abuse and neglect’’. (D) in subparagraph (D), by inserting ‘‘, source and support programs’’ and inserting SEC. 128. NATIONAL NETWORK FOR COMMUNITY- parents with disabilities,’’ after ‘‘children ‘‘community-based and prevention-focused BASED FAMILY RESOURCE PRO- with disabilities’’. programs and activities designed to GRAMS. Section 208(3) of the Child Abuse Preven- SEC. 123. AMOUNT OF GRANT. strengthen and support families to prevent tion and Treatment Act (42 U.S.C. 5116g(3)) is Section 203 of the Child Abuse Prevention child abuse and neglect’’; amended by striking ‘‘Statewide networks of and Treatment Act (42 U.S.C. 5116b) is (9) in paragraph (10), by inserting ‘‘(where community-based, prevention-focused, fam- amended— appropriate)’’ after ‘‘members’’; (1) in subsection (b)(1)(B)— ily resource and support programs’’ and in- (10) in paragraph (11), by striking ‘‘preven- serting ‘‘community-based and prevention- (A) by striking ‘‘as the amount leveraged tion-focused, family resource and support by the State from private, State, or other focused programs and activities designed to program’’ and inserting ‘‘community-based strengthen and support families to prevent non-Federal sources and directed through and prevention-focused programs and activi- child abuse and neglect’’. the’’ and inserting ‘‘as the amount of pri- ties designed to strengthen and support fam- SEC. 129. DEFINITIONS. vate, State or other non-Federal funds lever- ilies to prevent child abuse and neglect’’; and aged and directed through the currently des- (a) CHILDREN WITH DISABILITIES.—Section (11) by redesignating paragraph (13) as 209(1) of the Child Abuse Prevention and ignated’’; paragraph (12). Treatment Act (42 U.S.C. 5116h(1)) is amend- (B) by striking ‘‘State lead agency’’ and in- SEC. 126. LOCAL PROGRAM REQUIREMENTS. ed by striking ‘‘given such term in section serting ‘‘State lead entity’’; and Section 206(a) of the Child Abuse Preven- 602(a)(2)’’ and inserting ‘‘given the term (C) by striking ‘‘the lead agency’’ and in- tion and Treatment Act (42 U.S.C. 5116e(a)) is ‘child with a disability’ in section 602(3) or serting ‘‘the current lead entity’’; and amended— ‘infant or toddler with a disability’ in sec- (2) in subsection (c)(2), by striking ‘‘sub- (1) in the matter preceding paragraph (1), tion 632(5)’’. section (a)’’ and inserting ‘‘subsection (b)’’. by striking ‘‘prevention-focused, family re- (b) COMMUNITY-BASED AND PREVENTION-FO- SEC. 124. EXISTING GRANTS. source and support programs’’ and inserting CUSED PROGRAMS AND ACTIVITIES TO PREVENT Section 204 of the Child Abuse Prevention ‘‘and prevention-focused programs and ac- CHILD ABUSE AND NEGLECT.—Section 209 of and Treatment Act (42 U.S.C. 5115c) is re- tivities designed to strengthen and support the Child Abuse Prevention and Treatment pealed. families to prevent child abuse and neglect’’; Act (42 U.S.C. 5116h) is amended by striking SEC. 125. APPLICATION. (2) in paragraph (3)(B), by inserting ‘‘vol- paragraphs (3) and (4) and inserting the fol- Section 205 of the Child Abuse Prevention untary home visiting and’’ after ‘‘including’’; lowing: and Treatment Act (42 U.S.C. 5116d) is and ‘‘(3) COMMUNITY-BASED AND PREVENTION-FO- amended— (3) by striking paragraph (6) and inserting CUSED PROGRAMS AND ACTIVITIES TO PREVENT (1) in paragraph (1), by striking ‘‘Statewide the following: CHILD ABUSE AND NEGLECT.—The term ‘com- network of community-based, prevention-fo- ‘‘(6) participate with other community- munity-based and prevention-focused pro- cused, family resource and support pro- based and prevention-focused programs and grams and activities designed to strengthen

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2196 CONGRESSIONAL RECORD — SENATE February 11, 2003 and support families to prevent child abuse (1) by striking the section heading and in- (D) in paragraph (2)(B)— and neglect’ includes organizations such as serting the following: (i) by realigning the margins of clauses (i) family resource programs, family support ‘‘SEC. 203. INFORMATION AND SERVICES.’’; and (ii) accordingly; and programs, voluntary home visiting pro- (2) by striking ‘‘SEC. 203. (a) The Sec- (ii) by striking ‘‘nonprofit’’; grams, respite care programs, parenting edu- retary’’ and inserting the following: (E) by striking ‘‘(3)(A) Payments’’ and in- cation, mutual support programs, and other ‘‘(a) IN GENERAL.—The Secretary’’; serting the following: community programs or networks of such (3) in subsection (b)— ‘‘(3) PAYMENTS.— programs that provide activities that are de- (A) by inserting ‘‘REQUIRED ACTIVITIES.—’’ ‘‘(A) IN GENERAL.—Payments’’; and signed to prevent or respond to child abuse after ‘‘(b)’’; (F) by striking ‘‘(B) Any payment’’ and in- and neglect.’’. (B) in paragraph (1), by striking ‘‘non- serting the following: SEC. 130. AUTHORIZATION OF APPROPRIATIONS. profit’’ each place that such appears; ‘‘(B) REVERSION OF UNUSED FUNDS.—Any Section 210 of the Child Abuse Prevention (C) in paragraph (2), by striking ‘‘non- payment’’; and and Treatment Act (42 U.S.C. 5116i) is profit’’; (6) by adding at the end the following: amended to read as follows: (D) in paragraph (3), by striking ‘‘non- ‘‘(e) ELIMINATION OF BARRIERS TO ADOP- ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. profit’’; TIONS ACROSS JURISDICTIONAL BOUNDARIES.— ‘‘There are authorized to be appropriated (E) in paragraph (4), by striking ‘‘non- ‘‘(1) IN GENERAL.—The Secretary shall to carry out this title $80,000,000 for fiscal profit’’; award grants to, or enter into contracts year 2004 and such sums as may be necessary (F) in paragraph (6), by striking ‘‘study the with, States, local government entities, pub- for each of the fiscal years 2005 through nature, scope, and effects of’’ and insert lic or private child welfare or adoption agen- 2008.’’. ‘‘support’’; cies, adoption exchanges, or adoption family (G) in paragraph (7), by striking ‘‘non- groups to carry out initiatives to improve ef- Subtitle C—Conforming Amendments profit’’; forts to eliminate barriers to placing chil- SEC. 141. CONFORMING AMENDMENTS. (H) in paragraph (9)— dren for adoption across jurisdictional The table of contents of the Child Abuse (i) by striking ‘‘nonprofit’’; and boundaries. Prevention and Treatment Act, as contained (ii) by striking ‘‘and’’ at the end; ‘‘(2) SERVICES TO SUPPLEMENT NOT SUP- in section 1(b) of such Act (42 U.S.C. 5101 (I) in paragraph (10)— PLANT.—Services provided under grants note), is amended as follows: (i) by striking ‘‘nonprofit’’; each place that made under this subsection shall supple- (1) By striking the item relating to section such appears; and ment, not supplant, services provided using 105 and inserting the following: (ii) by striking the period at the end and any other funds made available for the same ‘‘Sec. 105. Grants to States and public or pri- inserting ‘‘; and’’; and general purposes including— vate agencies and organiza- (J) by adding at the end the following: ‘‘(A) developing a uniform homestudy tions.’’. ‘‘(11) provide (directly or by grant to or standard and protocol for acceptance of (2) By striking the item relating to title II contract with States, local government enti- homestudies between States and jurisdic- and inserting the following: ties, or public or private licensed child wel- tions; fare or adoption agencies) for the implemen- ‘‘(B) developing models of financing cross- ‘‘TITLE II—COMMUNITY-BASED GRANTS tation of programs that are intended to in- jurisdictional placements; FOR THE PREVENTION OF CHILD crease the number of older children (who are ‘‘(C) expanding the capacity of all adoption ABUSE AND NEGLECT’’. in foster care and with the goal of adoption) exchanges to serve increasing numbers of (3) By striking the item relating to section placed in adoptive families, with a special children; 204. emphasis on child-specific recruitment strat- ‘‘(D) developing training materials and egies, including— training social workers on preparing and TITLE II—ADOPTION OPPORTUNITIES ‘‘(A) outreach, public education, or media moving children across State lines; and SEC. 201. CONGRESSIONAL FINDINGS AND DEC- campaigns to inform the public of the needs ‘‘(E) developing and supporting initiative LARATION OF PURPOSE. and numbers of older youth available for models for networking among agencies, Section 201 of the Child Abuse Prevention adoption; adoption exchanges, and parent support and Treatment and Adoption Reform Act of ‘‘(B) training of personnel in the special groups across jurisdictional boundaries.’’. 1978 (42 U.S.C. 5111) is amended— needs of older youth and the successful strat- SEC. 203. STUDY OF ADOPTION PLACEMENTS. (1) in subsection (a)— egies of child-focused, child-specific recruit- (A) by striking paragraphs (1) through (4) Section 204 of the Child Abuse Prevention ment efforts; and and Treatment and Adoption Reform Act of and inserting the following: ‘‘(C) recruitment of prospective families ‘‘(1) the number of children in substitute 1978 (42 U.S.C. 5114) is amended— for such children.’’; (1) by striking ‘‘The’’ and inserting ‘‘(a) IN care has increased by nearly 24 percent since (4) in subsection (c)— 1994, as our Nation’s foster care population GENERAL.—The’’; (A) by striking ‘‘(c)(1) The Secretary’’ and (2) by striking ‘‘of this Act’’ and inserting included more than 565,000 as of September inserting the following: of 2001; ‘‘of the Keeping Children and Families Safe ‘‘(c) SERVICES FOR FAMILIES ADOPTING SPE- Act of 2003’’; ‘‘(2) children entering foster care have CIAL NEEDS CHILDREN.— complex problems that require intensive (3) by striking ‘‘to determine the nature’’ ‘‘(1) IN GENERAL.—The Secretary’’; and inserting ‘‘to determine— services, with many such children having (B) by striking ‘‘(2) Services’’ and inserting ‘‘(1) the nature’’; special needs because they are born to moth- the following: (4) by striking ‘‘which are not licensed’’ ers who did not receive prenatal care, are ‘‘(2) SERVICES.—Services’’; and and all that follows through ‘‘entity’’;’’; and born with life threatening conditions or dis- (C) in paragraph (2)— (5) by adding at the end the following: abilities, are born addicted to alcohol or (i) by realigning the margins of subpara- ‘‘(2) how interstate placements are being other drugs, or have been exposed to infec- graphs (A) through (G) accordingly; financed across State lines; tion with the etiologic agent for the human (ii) in subparagraph (F), by striking ‘‘and’’ ‘‘(3) recommendations on best practice immunodeficiency virus; at the end; models for both interstate and intrastate ‘‘(3) each year, thousands of children are in (iii) in subparagraph (G), by striking the adoptions; and need of placement in permanent, adoptive period and inserting a semicolon; and ‘‘(4) how State policies in defining special homes;’’; (iv) by adding at the end the following: needs children differentiate or group similar (B) by striking paragraph (6); ‘‘(H) day treatment; and categories of children.’’. (C) by striking paragraph (7)(A) and insert- ‘‘(I) respite care.’’; and ing the following: (D) by striking ‘‘nonprofit’’; each place SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS. ‘‘(7)(A) currently, there are 131,000 children that such appears; Section 204 of the Child Abuse Prevention waiting for adoption;’’; and (5) in subsection (d)— and Treatment and Adoption Reform Act of (D) by redesignating paragraphs (5), (7), (8), (A) by striking ‘‘(d)(1) The Secretary’’ and 1978 (42 U.S.C. 5114) is amended by adding at (9), and (10) as paragraphs (4), (5), (6), (7), and inserting the following: the end the following: (8) respectively; and ‘‘(d) IMPROVING PLACEMENT RATE OF CHIL- ‘‘(b) DYNAMICS OF SUCCESSFUL ADOPTION.— (2) in subsection (b)— DREN IN FOSTER CARE.— The Secretary shall conduct research (di- (A) in the matter preceding paragraph (1), ‘‘(1) IN GENERAL.—The Secretary’’; rectly or by grant to, or contract with, pub- by inserting ‘‘, including geographic bar- (B) by striking ‘‘(2)(A) Each State’’ and in- lic or private nonprofit research agencies or riers,’’ after ‘‘barriers’’; and serting the following: organizations) about adoption outcomes and (B) in paragraph (2), by striking ‘‘a na- ‘‘(2) APPLICATIONS; TECHNICAL AND OTHER the factors affecting those outcomes. The tional’’ and inserting ‘‘an Internet-based na- ASSISTANCE.— Secretary shall submit a report containing tional’’. ‘‘(A) APPLICATIONS.—Each State’’; the results of such research to the appro- SEC. 202. INFORMATION AND SERVICES. (C) by striking ‘‘(B) The Secretary’’ and in- priate committees of the Congress not later Section 203 of the Child Abuse Prevention serting the following: than the date that is 36 months after the and Treatment and Adoption Reform Act of ‘‘(B) TECHNICAL AND OTHER ASSISTANCE.— date of the enactment of the Keeping Chil- 1978 (42 U.S.C. 5113) is amended— The Secretary’’; dren and Families Safe Act of 2003.

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‘‘(c) INTERJURISDICTIONAL ADOPTION.—Not ‘‘(b) PRIORITY IN PROVISION OF SERVICES.— (ii) by striking ‘‘fiscal year 1991.’’ and in- later than 1 year after the date of the enact- The Secretary may not make a grant under serting ‘‘fiscal year 2003.’’; and ment of the Keeping Children and Families subsection (a) unless the applicant for the (4) by redesignating subsections (c) and (d) Safe Act of 2003, the Secretary, in consulta- grant agrees to give priority to abandoned as subsections (b) and (c), respectively. tion with the Comptroller General, shall sub- infants and young children who— (b) REDESIGNATION.—The Abandoned In- mit to the appropriate committees of the ‘‘(1) are infected with, or have been fants Assistance Act of 1988 (42 U.S.C. 670 Congress a report that contains rec- perinatally exposed to, the human immuno- note) is amended— ommendations for an action plan to facili- deficiency virus, or have a life-threatening (1) by redesignating section 104 as section tate the interjurisdictional adoption of fos- illness or other special medical need; or 302; and ter children.’’. ‘‘(2) have been perinatally exposed to a (2) by moving that section 302 to the end of SEC. 205. AUTHORIZATION OF APPROPRIATIONS. dangerous drug.’’. that Act. Section 205(a) of the Child Abuse Preven- SEC. 303. EVALUATIONS, STUDY, AND REPORTS SEC. 305. DEFINITIONS. tion and Treatment and Adoption Reform BY SECRETARY. (a) IN GENERAL.—Section 301 of the Aban- Act of 1978 (42 U.S.C. 5115(a)) is amended to Section 102 of the Abandoned Infants As- doned Infants Assistance Act of 1988 (42 read as follows: sistance Act of 1988 (42 U.S.C. 670 note) is U.S.C. 670 note) is amended to read as fol- ‘‘There are authorized to be appropriated amended to read as follows: lows: $40,000,000 for fiscal year 2004 and such sums ‘‘SEC. 102. EVALUATIONS, STUDY, AND REPORTS ‘‘SEC. 301. DEFINITIONS. as may be necessary for fiscal years 2005 BY SECRETARY. ‘‘In this Act: through 2008 to carry out programs and ac- ‘‘(a) EVALUATIONS OF LOCAL PROGRAMS.— ‘‘(1) ABANDONED; ABANDONMENT.—The tivities authorized under this subtitle.’’. The Secretary shall, directly or through con- terms ‘abandoned’ and ‘abandonment’, used TITLE III—ABANDONED INFANTS tracts with public and nonprofit private enti- with respect to infants and young children, ASSISTANCE ties, provide for evaluations of projects car- mean that the infants and young children SEC. 301. FINDINGS. ried out under section 101 and for the dis- are medically cleared for discharge from Section 2 of the Abandoned Infants Assist- semination of information developed as a re- acute-care hospital settings, but remain hos- ance Act of 1988 (42 U.S.C. 670 note) is amend- sult of such projects. pitalized because of a lack of appropriate ed— ‘‘(b) STUDY AND REPORT ON NUMBER OF out-of-hospital placement alternatives. (1) by striking paragraph (1); ABANDONED INFANTS AND YOUNG CHILDREN.— ‘‘(2) ACQUIRED IMMUNE DEFICIENCY SYN- (2) in paragraph (2)— ‘‘(1) IN GENERAL.—The Secretary shall con- DROME.—The term ‘acquired immune defi- (A) by inserting ‘‘studies indicate that a duct a study for the purpose of deter- ciency syndrome’ includes infection with the number of factors contribute to’’ before ‘‘the mining— etiologic agent for such syndrome, any con- inability of’’; ‘‘(A) an estimate of the annual number of dition indicating that an individual is in- (B) by inserting ‘‘some’’ after ‘‘inability infants and young children relinquished, fected with such etiologic agent, and any of’’; abandoned, or found deceased in the United condition arising from such etiologic agent. (C) by striking ‘‘who abuse drugs’’; and States and the number of such infants and ‘‘(3) DANGEROUS DRUG.—The term ‘dan- (D) by striking ‘‘care for such infants’’ and young children who are infants and young gerous drug’ means a controlled substance, inserting ‘‘care for their infants’’; children described in section 101(b); as defined in section 102 of the Controlled (3) by amending paragraph (5) to read as ‘‘(B) an estimate of the annual number of Substances Act (21 U.S.C. 802). follows: infants and young children who are victims ‘‘(4) NATURAL FAMILY.—The term ‘natural ‘‘(5) appropriate training is needed for per- of homicide; family’ shall be broadly interpreted to in- sonnel working with infants and young chil- ‘‘(C) characteristics and demographics of clude natural parents, grandparents, family dren with life-threatening conditions and parents who have abandoned an infant with- members, guardians, children residing in the other special needs, including those who are in 1 year of the infant’s birth; and household, and individuals residing in the infected with the human immunodeficiency ‘‘(D) an estimate of the annual costs in- household on a continuing basis who are in a virus (commonly known as ‘HIV’), those who curred by the Federal Government and by care-giving situation, with respect to infants have acquired immune deficiency syndrome State and local governments in providing and young children covered under this Act. (commonly known as ‘AIDS’), and those who housing and care for abandoned infants and ‘‘(5) SECRETARY.—The term ‘Secretary’ have been exposed to dangerous drugs;’’; young children. means the Secretary of Health and Human (4) by striking paragraphs (6) and (7); ‘‘(2) DEADLINE.—Not later than 36 months Services.’’. (5) in paragraph (8)— after the date of enactment of the Keeping (b) REPEAL.—Section 103 of the Abandoned (A) by striking ‘‘such infants and young Children and Families Safe Act of 2003, the Infants Assistance Act of 1988 (42 U.S.C. 670 children’’ and inserting ‘‘infants and young Secretary shall complete the study required note) is repealed. children who are abandoned in hospitals’’; under paragraph (1) and submit to Congress TITLE IV—FAMILY VIOLENCE and a report describing the findings made as a re- PREVENTION AND SERVICES ACT (B) by inserting ‘‘by parents abusing sult of the study. SEC. 401. STATE DEMONSTRATION GRANTS. ‘‘(c) EVALUATION.—The Secretary shall drugs,’’ after ‘‘deficiency syndrome,’’; (a) UNDERSERVED POPULATIONS.—Section (6) in paragraph (9), by striking ‘‘com- evaluate and report on effective methods of 303(a)(2)(C) of the Family Violence Preven- prehensive services’’ and all that follows intervening before the abandonment of an in- tion and Services Act (42 U.S.C. through the semicolon at the end and insert- fant or young child so as to prevent such 10402(a)(2)(C)) is amended by striking ‘‘under- ing ‘‘comprehensive support services for such abandonments, and effective methods for re- served populations,’’ and all that follows and infants and young children and their families sponding to the needs of abandoned infants inserting the following: ‘‘underserved popu- and services to prevent the abandonment of and young children.’’. lations, as defined in section 2007 of the Om- such infants and young children, including SEC. 304. AUTHORIZATION OF APPROPRIATIONS. nibus Crime Control and Safe Streets Act of foster care services, case management serv- (a) IN GENERAL.—Section 104 of the Aban- 1968 (42 U.S.C. 3796gg–2);’’. ices, family support services, respite and cri- doned Infants Assistance Act of 1988 (42 (b) REPORT.—Section 303(a) of such Act (42 sis intervention services, counseling serv- U.S.C. 670 note) is amended— U.S.C. 10402(a)) is amended by adding at the ices, and group residential home services;’’; (1) by striking subsection (a) and inserting end the following: (7) by striking paragraph (11); the following: ‘‘(5) Upon completion of the activities (8) by redesignating paragraphs (2), (3), (4), ‘‘(a) IN GENERAL.— funded by a grant under this title, the State (5), (8), (9), and (10) as paragraphs (1) through ‘‘(1) AUTHORIZATION.—For the purpose of shall submit to the Secretary a report that (7), respectively; and carrying out this Act, there are authorized contains a description of the activities car- (9) by adding at the end the following: to be appropriated $45,000,000 for fiscal year ried out under paragraph (2)(B)(i).’’. ‘‘(8) private, Federal, State, and local re- 2004 and such sums as may be necessary for (c) CHILDREN WHO WITNESS DOMESTIC VIO- sources should be coordinated to establish fiscal years 2005 through 2008. LENCE.—Section 303 of such Act (42 U.S.C. and maintain services described in paragraph ‘‘(2) LIMITATION.—Not more than 5 percent 10402) is amended— (7) and to ensure the optimal use of all such of the amounts appropriated under para- (1) by redesignating subsections (c) resources.’’. graph (1) for any fiscal year may be obligated through (f) as subsections (d) through (g), re- SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS. for carrying out section 102(a).’’; spectively; and Section 101 of the Abandoned Infants As- (2) by striking subsection (b); (2) by inserting after subsection (b) the fol- sistance Act of 1988 (42 U.S.C. 670 note) is (3) in subsection (c)— lowing: amended— (A) in paragraph (1)— ‘‘(c) For a fiscal year described in section (1) by striking the section heading and in- (i) by inserting ‘‘AUTHORIZATION.—’’ after 310(a)(2), the Secretary shall use funds made serting the following: ‘‘(1)’’ the first place it appears; and available under that section to make grants, ‘‘SEC. 101. ESTABLISHMENT OF LOCAL (ii) by striking ‘‘this title’’ and inserting on a competitive basis, to eligible entities PROJECTS.’’; ‘‘this Act’’; and for projects designed to address the needs of and (B) in paragraph (2)— children who witness domestic violence, to— (2) by striking subsection (b) and inserting (i) by inserting ‘‘LIMITATION.—’’ after ‘‘(2)’’; ‘‘(1) provide direct services for children the following: and who witness domestic violence;

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2198 CONGRESSIONAL RECORD — SENATE February 11, 2003 ‘‘(2) provide for training for and collabora- SEC. 410. NATIONAL DOMESTIC VIOLENCE HOT- ‘‘(D) otherwise comply with the require- tion among child welfare agencies, domestic LINE GRANT. ments of this section. violence victim service providers, courts, law (a) DURATION.—Section 316(b) of the Fam- ‘‘(c) USE OF GRANT AWARD.—The recipient enforcement, and other entities; and ily Violence Prevention and Services Act (42 of a grant award under this section shall— ‘‘(3) provide for multisystem interventions U.S.C. 10416(b)) is amended— ‘‘(1) collaborate with officials of the De- for children who witness domestic vio- (1) by striking ‘‘A grant’’ and inserting the partment of Health and Human Services in a lence.’’. following: manner determined to be appropriate by the SEC. 402. SECRETARIAL RESPONSIBILITIES. ‘‘(1) IN GENERAL.—Except as provided in Secretary; Section 305(a) of the Family Violence Pre- paragraph (2), a grant’’; and ‘‘(2) collaborate with the entity providing vention and Services Act (42 U.S.C. 10404(a)) (2) by adding at the end the following: the national domestic violence hotline in de- is amended— ‘‘(2) EXTENSION.—The Secretary may ex- veloping and implementing the network; (1) by striking ‘‘an employee’’ and insert- tend the duration of a grant under this sec- ‘‘(3) ensure that the website is continu- ing ‘‘1 or more employees’’; tion beyond the period described in para- ously updated and highly secure; (2) by striking ‘‘of this title.’’ and inserting graph (1) if, prior to such extension— ‘‘(4) ensure that the website provides infor- ‘‘of this title, including carrying out evalua- ‘‘(A) the entity prepares and submits to the mation describing the services of each do- tion and monitoring under this title.’’; and Secretary a report that evaluates the effec- mestic violence shelter to which the website (3) by striking ‘‘The individual’’ and insert- tiveness of the use of amounts received is linked, including information for individ- ing ‘‘Any individual’’. under the grant for the period described in uals with limited English proficiency and in- SEC. 403. EVALUATION. paragraph (1) and contains any other infor- formation concerning access to medical care, Section 306 of the Family Violence Preven- mation the Secretary may prescribe; and social services, transportation, services for tion and Services Act (42 U.S.C. 10405) is ‘‘(B) the report and other appropriate cri- children, and other relevant services; amended in the first sentence by striking teria indicate that the entity is successfully ‘‘(5) ensure that the website provides up-to- ‘‘Not later than two years after the date on operating the hotline in accordance with the-minute information on available bed which funds are obligated under section subsection (a).’’. space in domestic violence shelters across 303(a) for the first time after the date of the (b) AUTHORIZATION OF APPROPRIATIONS.— the United States, to the maximum extent enactment of this title, and every two years Section 316(f) of such Act (42 U.S.C. 10416(f)) practicable; thereafter,’’ and inserting ‘‘Every 2 years,’’. is repealed. ‘‘(6) provide training to the staff of the SEC. 404. INFORMATION AND TECHNICAL ASSIST- SEC. 411. YOUTH EDUCATION AND DOMESTIC VI- hotline and to staff of the other entities de- ANCE CENTERS. OLENCE. scribed in subsection (a)(1) regarding how to Section 308 of the Family Violence Preven- Section 317 of the Family Violence Preven- use the website to best meet the needs of tion and Services Act (42 U.S.C. 10407) is tion and Services Act (42 U.S.C. 10417) is re- callers; amended by striking subsection (g). pealed. ‘‘(7) provide Internet access, and hardware SEC. 405. AUTHORIZATION OF APPROPRIATIONS. SEC. 412. NATIONAL DOMESTIC VIOLENCE SHEL- in necessary cases, to domestic violence (a) GENERAL AUTHORIZATION.—Section TER NETWORK. shelters in the United States that do not 310(a) of the Family Violence Prevention and The Family Violence Prevention and Serv- have the appropriate technology for such ac- Services Act (42 U.S.C. 10409(a)) is amended ices Act is amended by inserting after sec- cess, to the maximum extent practicable; to read as follows: tion 316 (42 U.S.C. 10416) the following: and ‘‘(a) IN GENERAL.— ‘‘(8) ensure that after the third year of the ‘‘SEC. 317. NATIONAL DOMESTIC VIOLENCE SHEL- ‘‘(1) AUTHORIZATION.—There are authorized TER NETWORK. website project, the recipient will develop a to be appropriated to carry out sections 303 plan to expand the sources of funding for the ‘‘(a) IN GENERAL.—For a year in which the through 311, $175,000,000 for each of fiscal Secretary makes an amount available under website to include funding from public and years 2004 through 2008. subsection (g)(2), the Secretary shall award a private entities, although nothing in this ‘‘(2) PROJECTS TO ADDRESS NEEDS OF CHIL- grant to a nonprofit organization to estab- paragraph shall preclude a grant recipient DREN WHO WITNESS DOMESTIC VIOLENCE.—For lish and operate a highly secure Internet under this section from raising funds from a fiscal year in which the amounts appro- website (referred to in this section as the other sources at any time during the 5-year priated under paragraph (1) exceed ‘website’) that shall— grant period. $150,000,000, the Secretary shall reserve and ‘‘(d) RULE OF CONSTRUCTION.—Nothing in ‘‘(1) link, to the greatest extent possible, make available 50 percent of the excess to this Act shall be construed to require any entities consisting of the entity providing carry out section 303(c).’’. shelter or service provider, whether public or the national domestic violence hotline, par- (b) ALLOCATIONS FOR OTHER PROGRAMS.— private, to be linked to the website or to pro- Subsections (b), (c), and (d) of section 310 of ticipating domestic violence shelters in the vide information to the recipient of the such Act (42 U.S.C. 10409) are amended by in- United States, State and local domestic vio- grant award or to the website. serting ‘‘(and not reserved under subsection lence agencies, and other domestic violence ‘‘(e) DURATION OF GRANT.—The term of a (a)(2))’’ after ‘‘each fiscal year’’. organization, so that such entities will be grant awarded under this section shall be 5 (c) GRANTS FOR STATE DOMESTIC VIOLENCE able to connect a victim of domestic violence years. COALITIONS.—Section 311(g) of such Act (42 to the most safe, appropriate, and conven- ‘‘(f) TECHNICAL ASSISTANCE AND OVER- U.S.C. 10410(g)) is amended to read as fol- ient domestic violence shelter; and SIGHT.—The Secretary shall— lows: ‘‘(2) contain, to the maximum extent prac- ‘‘(1) provide technical assistance, if re- ‘‘(g) FUNDING.—Of the amount appropriated ticable, continuously updated information quested, on developing and managing the under section 310(a) for a fiscal year (and not concerning the availability of services and website; and reserved under section 310(a)(2)), not less space in domestic violence shelters across ‘‘(2) have access to, and monitor, the than 10 percent of such amount shall be the United States. website. made available to award grants under this ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— section.’’. receive a grant under this section, a non- ‘‘(1) IN GENERAL.—There are authorized to SEC. 406. GRANTS FOR STATE DOMESTIC VIO- profit organization shall submit to the Sec- be appropriated to carry out section 316 and LENCE COALITIONS. retary an application at such time, in such this section, $5,000,000 for fiscal year 2004 and Section 311 of the Family Violence Preven- manner, and containing such information as such sums as may be necessary for each of tion and Services Act (42 U.S.C. 10410) is the Secretary may require. The application fiscal years 2005 through 2008. amended by striking subsection (h). shall— ‘‘(2) CONDITIONS ON APPROPRIATIONS.—Not- SEC. 407. EVALUATION AND MONITORING. ‘‘(1) demonstrate the experience of the ap- withstanding paragraph (1), the Secretary Section 312 of the Family Violence Preven- plicant in successfully developing and man- shall make available a portion of the tion and Services Act (42 U.S.C. 10412) is aging a technology-based network of domes- amounts appropriated under paragraph (1) to amended by adding at the end the following: tic violence shelters; carry out this section only for any fiscal ‘‘(c) Of the amount appropriated under sec- ‘‘(2) demonstrate a record of success of the year for which the amounts appropriated tion 310(a) for each fiscal year (and not re- applicant in meeting the needs of domestic under paragraph (1) exceed $3,000,000. served under section 310(a)(2)), not more than violence victims and their families; and ‘‘(3) ADMINISTRATIVE COSTS.—Of the 2.5 percent shall be used by the Secretary for ‘‘(3) include a certification that the appli- amount made available to carry out this sec- evaluation, monitoring, and other adminis- cant will— tion for a fiscal year the Secretary may not trative costs under this title.’’. ‘‘(A) implement a high level security sys- use more than 2 percent for administrative SEC. 408. FAMILY MEMBER ABUSE INFORMATION tem to ensure the confidentiality of the costs associated with the grant program car- AND DOCUMENTATION PROJECT. website; ried out under this section, of which not Section 313 of the Family Violence Preven- ‘‘(B) establish, within 5 years, a website more than 5 percent shall be used to assist tion and Services Act (42 U.S.C. 10413) is re- that links the entities described in sub- the entity providing the national domestic pealed. section (a)(1); violence hotline to participate in the estab- SEC. 409. MODEL STATE LEADERSHIP GRANTS. ‘‘(C) consult with the entities described in lishment of the website. Section 315 of the Family Violence Preven- subsection (a)(1) in developing and imple- ‘‘(4) AVAILABILITY.—Funds appropriated tion and Services Act (42 U.S.C. 10415) is re- menting the website and providing Internet under paragraph (1) shall remain available pealed. connections; and until expended.’’.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2199 SEC. 412. DEMONSTRATION GRANTS FOR COMMU- local officials to bring greater protec- More must also be done to ensure NITY INITIATIVES. tion to our children. that abused children receive ongoing (a) IN GENERAL.—Section 318(h) of the Since 1974, the Child Abuse Preven- support and services. This bill will en- Family Violence Prevention and Services tion and Treatment Act, or CAPTA, Act (42 U.S.C. 10418(h)) is amended to read as courage states to adopt a comprehen- follows: has been a great support in reaching sive approach to treating and pre- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— the nearly 900,000 children who suffer venting abuse by linking child protec- There is authorized to be appropriated to abuse and neglect each year. This tive services and education, health, carry out this section $6,000,000 for each of year’s bipartisan reauthorization of mental health, and judicial systems to fiscal years 2004 through 2008.’’. CAPTA will continue and expand that more effectively follow-up with support (b) REGULATIONS.—Section 318 of such Act support through FY 2008, and extend and services to abused and neglected (42 U.S.C. 10418) is amended by striking sub- CAPTA’s related programs, including children. The bill will also promote section (i). the Abandoned Infants Assistance Act, partnerships between public agencies SEC. 414. TRANSITIONAL HOUSING ASSISTANCE. the Adoption Opportunities Act, and and community-based organizations to Section 319(f) of the Family Violence Pre- the Family Violence Prevention and vention and Services Act (42 U.S.C. 10419(f)) support child abuse prevention and is amended by striking ‘‘fiscal year 2001’’ and Services Act. treatment. inserting ‘‘each of fiscal years 2004 through Child abuse and neglect continues to I am pleased that the Keeping Chil- 2008’’. be a serious and daunting problem in dren and Families Safe Act continues SEC. 415. TECHNICAL AND CONFORMING AMEND- our nation. In local communities, child the legacy of the late Senator MENTS. protective services agencies bear the Wellstone in combating domestic vio- The Family Violence Prevention and Serv- responsibility of receiving and inves- lence and addressing its impact on chil- ices Act (42 U.S.C. 10401 et seq.) is amended— tigating reports of child abuse and ne- dren. It is estimated that 10 million (1) in section 302(1) (42 U.S.C. 10401(1)) by glect. Each year those agencies respond children witness physical abuse be- striking ‘‘demonstrate the effectiveness of to nearly 3 million reports of abuse. It tween their parents each year, dam- assisting’’ and inserting ‘‘assist’’; is a tremendous challenge, and case- aging their emotional and physical (2) in section 303(a) (42 U.S.C. 10402(a))— workers in local agencies perform an (A) in paragraph (2)— well being, and causing difficulties (i) in subparagraph (C), by striking ‘‘State admirable task worthy of our thanks. later in life. domestic violence coalitions knowledgeable But despite the hard work of child Under this Act, new grants will be individuals and interested organizations’’ protective services, nearly half of all awarded, once appropriations for the and inserting ‘‘State domestic violence coa- children in substantiated cases of Family Violence Prevention and Serv- litions, knowledgeable individuals, and in- abuse receive no follow-up services or ices Act reach $150 million, to address terested organizations’’; and support. In 2000, over 900 children under the physical and emotional needs of (ii) in subparagraph (F), by adding ‘‘and’’ the age of 6 died of abuse and neglect. children who witness violence in their at the end; and Those children in desperate cir- homes. Those funds will support direct (B) by aligning the margins of paragraph cumstances need and deserve our help, (4) with the margins of paragraph (3); services and interventions for children (3) in section 303(g) (as so redesignated)— and we must do better. who witness domestic violence, bring- (A) in the first sentence, by striking The Keeping Children and Families ing together child welfare agencies, ‘‘309(4)’’ and inserting ‘‘320’’; and Safe Act will bring us closer toward courts, law enforcement, and other ap- (B) in the second sentence, by striking our goal of responding more effectively propriate entities. ‘‘309(5)(A)’’ and inserting ‘‘320(5)(A)’’; to child abuse and neglect. Our bipar- This Act also supports a new elec- (4) in section 305(b)(2)(A) (42 U.S.C. tisan bill encourages better training tronic network to connect victims of 10404(b)(2)(A)) by striking ‘‘provide for re- and qualifications for child abuse case- domestic violence and support organi- search, and into’’ and inserting ‘‘provide for workers, creates linkages to better fa- zations and networks in local commu- research into’’; cilitate referrals for neglected chil- nities. This network will enhance the (5) by redesignating section 309 as section dren, and coordinates best practices to 320 and moving that section to the end of the current national domestic violence Act; and improve systems that currently serve hotline, which serves as a vital re- (6) in section 311(a) (42 U.S.C. 10410(a))— and protect children. source for victims of domestic abuse (A) in paragraph (2)(K), by striking ‘‘other Actions to prevent and address child 24-hours-a-day, 365 days a year. The criminal justice professionals,;’’ and insert- abuse and neglect must be strength- hotline currently provides support and ing ‘‘other criminal justice professionals;’’ ened and expanded. This bill will im- assistance to 300 to 400 callers a day. and prove current systems of child abuse We must do more to help children (B) in paragraph (3)— treatment by coordinating information and their families overcome the harm- (i) in the matter preceding subparagraph on best practices among child protec- ful effects of abuse, neglect, and vio- (A), by striking ‘‘family law judges,,’’ and in- tive services agencies through the Na- lence. The Keeping Children and Fami- serting ‘‘family law judges,’’; tional Child Abuse Clearinghouse, and (ii) in subparagraph (D), by inserting ‘‘, lies Safe Act of 2003 is a step in the criminal court judges,’’ after ‘‘family law disseminating those practices that hold right direction toward that goal, and I judges’’; and promise to improve systems. The bill urge my colleagues to support this im- (iii) in subparagraph (H), by striking ‘‘su- will also ensure that local citizen re- portant legislation. pervised visitations that do not endanger view panels oversee, review, and bol- Mr. DODD. Mr. President, I am victims and their children’’ and inserting ster the practices of child protective pleased to join with Senator GREGG, ‘‘supervised visitations or denial of visita- services. Access to technical assistance Senator KENNEDY, and Senator ALEX- tion to protect against danger to victims or and grants will also be broadened to ANDER in introducing the Keeping Chil- their children’’. private entities working to prevent and dren and Families Safe Act of 2003. Mr. KENNEDY. Mr. President, I am treat child abuse. The bill we are introducing today pleased to join my colleagues in intro- The identification and treatment of would strengthen efforts to prevent ducing the Keeping Children and Fami- abused children cannot be improved child abuse and neglect, promote in- lies Safe Act of 2003. This Act con- without better preparation of those re- creased sharing of information and tinues our Federal commitment to en- sponsible for investigating abuse and partnerships between child protective suring that the Nation’s most vulner- neglect. By improving the training, re- services and education, health, and ju- able children are protected and safe. tention, and supervision of child pro- venile justice systems, and encourage a Recent cases of abuse and neglect tective caseworkers, the bill will en- variety of new training programs to have made national headlines as local sure that children receive the help they improve child protection, particularly authorities have failed to identify need. New training will help case- cross-training in recognizing domestic abused children. These failures have workers become familiar with their violence and substance abuse in addi- led to tragic consequences—the deaths legal duties and receive guidance on tion to child abuse detection and pro- of innocent and unprotected children. how to best work with families. Train- tection training. Clearly, we must do better—at the ing will also be provided to protect the The Keeping Children and Families national, State, and local levels. And personal safety of caseworkers as they Safe Act of 2003 renews grants to the bill we introduce today will en- enter homes to investigate allegations States to improve child protection sys- hance the Federal partnership with of abuse. tems and increases to $200 million the

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2200 CONGRESSIONAL RECORD — SENATE February 11, 2003 authorization for child abuse investiga- that CPS response is limited to taking better recognize substance abuse and tions, training of child protection serv- the complaint call, making a single domestic violence problems. The bill ice, CPS, workers, and community visit to the home, and deciding wheth- we are introducing today encourages child abuse prevention programs. For er or not the complaint is valid, often triage approaches and differential re- States to receive funding, they must without any subsequent monitoring of sponse systems so that those reports meet several new requirements: have the family.’’ where children are most at-risk of im- triage procedures to provide appro- A 1997 General Accounting Office, minent harm can be prioritized. The priate referrals of a child ‘‘not at risk GAO, report found, ‘‘the CPS system is bill specifically emphasizes collabora- of imminent harm’’ to a community or- in crisis, plagued by difficult problems, tions in communities between CPS, ganization or for voluntary preventive such as growing caseloads, increasingly health agencies, including mental services; have policies in place to ad- complex social problems and under- health agencies, schools, and commu- dress the needs of infants who are born lying child maltreatment, and ongoing nity-based groups to help strengthen and identified as having been phys- systemic weaknesses in day-to-day op- families and provide better protection ically affected by prenatal exposure to erations.’’ According to GAO, CPS for children. The bill provides grants illegal drugs, which must include a safe weaknesses include ‘‘difficulty in for prevention programs and activities plan of care for the child; have policies maintaining a skilled workforce; the to prevent child abuse and neglect for for improved training, retention, and inability to consistently follow key families at-risk to improve the likeli- supervision of caseworkers; and require policies and procedures designed to hood that a child will grow up in a criminal background record checks for protect children; developing useful case home without violence, abuse, or ne- prospective foster and adoptive parents data and record-keeping systems, such glect. and all other adults living in the as automated case management; and Beyond the CAPTA title of this legis- household, not later than 2 years after establishing good working relation- lation, our bill reauthorizes the Family the law’s enactment. ships with the courts.’’ Violence Prevention and Services Act, Child abuse and neglect continue to According to the May 2001 ‘‘Report including new efforts to address the be significant problems in the United from the Child Welfare Workforce Sur- needs of children who witness domestic States. vey: State and County Data and Find- violence, the Adoption Opportunities About 3 million referrals concerning ings’’ conducted by the American Pub- Act, and the Abandoned Infants Assist- the welfare of about 5 million children lic Human Services Association, ance Act. were made to Child Protection Serv- APHSA, the Child Welfare League of Child protection ought not be a par- ices, CPS, agencies throughout the Na- America, CWLA, and the Alliance for tisan issue. This bill will help ensure tion in 2000. Of these referrals, about Children and Families, annual staff that it is not. I want to commend and two-thirds, 62 percent, were ‘‘screened- turnover is high and morale is low thank my co-authors—Chairman in’’ for further assessment and inves- among CPS workers. The report found GREGG, Senator KENNEDY and Senator tigation. Professionals, including that CPS workers had an annual turn- ALEXANDER—for their efforts to craft a teachers, law enforcement officers, so- over rate of 22 percent, 76 percent high- bipartisan initiative that can help to cial service workers, and physicians er than the turnover rate for total prevent and alleviate suffering among made more than half, 56 percent, of the agency staff. The ‘‘preventable’’ turn- our Nation’s children. I urge my col- screened-in reports. About 879,000 chil- over rate was 67 percent, or two-thirds leagues to join us in supporting this dren were found to be victims of child higher than the rate for all other direct bill and to strengthen child protection maltreatment. About two-thirds, 63 service workers and total agency staff. laws early this year. percent, suffered neglect, including In some States, 75 percent or more of medical neglect; 19 percent were phys- staff turnovers were preventable. By Ms. MIKULSKI (for herself, ically abused; 10 percent were sexually States rated a number of retention Mr. JOHNSON, Mrs. MURRAY, Ms. abused; and 8 percent were emotionally issues as highly problematic. In de- STABENOW, Mr. CORZINE, Mr. maltreated. scending order they are: workloads INOUYE, and Mr. BINGAMAN): Many of these children fail to receive that are too high and/or demanding; S. 343. A bill to amend title XVIII of adequate protection and services. Near- caseloads that are too high; too much the Social Security Act to permit di- ly half, 45 percent, of these children worker time spent on travel, paper- rect payment under the medicare pro- failed to receive services. work, courts, and meetings; workers gram for clinical social worker services The most tragic consequence of child not feeling valued by the agency; low provided to residents of skilled nursing maltreatment is death. The April mal- salaries; supervision problems; and in- facilities; to the Committee on Fi- treatment summary data released by sufficient resources for families and nance. the Department of Health and Human children. Ms. MIKULSKI. Mr. President, I rise Services, HHS, shows that about 1,200 To prevent turnover and retain qual- today to introduce the ‘‘Clinical Social children died of abuse and neglect in ity CPS staff, some States have begun Work Medicare Equity Act of 2003.’’ I 2000. Children younger than six years of to increase in-service training, in- am proud to sponsor this legislation age accounted for 85 percent of child fa- crease education opportunities, in- that will include clinical social work- talities and children younger than one crease supervisory training, increase or ers among other mental health pro- year of age accounted for 44 percent of improve orientation, increase worker viders that are exempted from the child fatalities. safety, and offer flex-time or changes Medicare Part B Prospective Payment Child abuse is not a new phe- in office hours. Most States, however, System. This bill will ensure that clin- nomenon. For more than a decade, nu- continue to grapple with staff turnover ical social workers can receive Medi- merous reports have called attention and training issues. care reimbursements for the mental to the tragic abuse and neglect of chil- Continued public criticism of CPS ef- health services they provide in skilled dren and the inadequacy of our Child forts, continued frustration by CPS nursing facilities. Protection Services, CPS, systems to staff and child welfare workers, and Since my first days in Congress, I protect our children. continued abuse and neglect, and have been fighting to protect and In 1990, the U.S. Advisory Board on death, of our nation’s children, served strengthen the safety for our Nation’s Child Abuse and Neglect concluded as the backdrop as we put together the seniors. Making sure that seniors have that ‘‘child abuse and neglect is a na- Child Abuse Prevention and Treatment access to quality, affordable mental tional emergency.’’ In 1995, the U.S. Act, CAPTA, reauthorization bill this health care is an important part of this Advisory Board on Child Abuse and Ne- year. fight. I know that millions of seniors glect reported that ‘‘State and local The Child Protection System mission do not have access to, or are not re- CPS caseworkers are often over- must focus on the safety of children. ceiving, the mental health services extended and cannot adequately func- To ensure that the system works as in- they need. For example, depression af- tion under their current caseloads.’’ tended, CPS needs to be appropriately fects nearly 6 million seniors, but only The report also stated that, ‘‘in many staffed. The staff need to receive appro- one-tenth ever get treated. This is un- jurisdictions, caseloads are so high priate training and cross-training to acceptable. Clinical social workers

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2201 may also be the only mental health NATIONAL ASSOCIATION States relationship with Native Hawai- providers in some rural areas. Pro- OF SOCIAL WORKERS, ians and to provide a process for the tecting seniors’ access to clinical so- Washington, DC, February 10, 2003. recognition by the United States of the cial workers can help make sure that Hon. BARBARA A. MIKULSKI, Native Hawaiian governing entity, and our most vulnerable citizens get the U.S. Senate, Washington, DC. for other purposes; to the Committee quality, affordable mental health care DEAR SENATOR MIKULSKI: I am writing on on Indian Affairs. they need. behalf of the National Association of Social Mr. AKAKA. Mr. President, I rise Clinical social workers, much like Workers (NASW), the largest professional so- today to introduce a bill with my psychologists and psychiatrists, treat cial work organization with nearly 150,000 friend and colleague, the senior Sen- and diagnose mental illnesses. In fact, members nationwide. NASW promotes, de- ator from Hawaii, Mr. INOUYE, which clinical social workers are the primary velops, and protects the effective practice of would clarify the political relationship mental health providers for nursing social work and social workers. NASW also seeks to enhance the well being of individ- between Native Hawaiians and the home residents. But unlike other men- uals, families, and communities through its United States. This measure would ex- tal health providers, clinical social work, service, and advocacy. tend the Federal policy of self-deter- workers cannot bill directly for the im- NASW strongly supports the Clinical So- mination and self-governance to Ha- portant services they provide to their cial Work Medicare Equity Act of 2003 which waii’s indigenous, native peoples—Na- patients. This bill will correct this in- will end the unfair treatment of clinical so- tive Hawaiians, by providing a process cial workers under the Medicare Part B Pro- equity and make sure clinical social for the reorganized Native Hawaiian workers get the payments and respect spective Payment System (PPS) for Skilled Nursing Facilities (SNFs). governing entity to be recognized for they deserve. Section 4432 of the Balanced Budget Act of the purposes of a government-to-gov- Before the Balanced Budget Act of 1997 authorized the creation of the PPS, ernment relationship with the United 1997, clinical social workers billed under which the cost of a variety of daily States. Medicare Part B directly for mental services provided to SNF patients is bundled The bill we introduce today is iden- into a single amount. Prior to PPS, a sepa- health services provided in nursing fa- tical to legislation that was reported cilities to each patient they served. rate Medicare Part B claim was filed by the provider for each individual service rendered by the Senate Committee on Indian Af- Under the Prospective Payment Sys- fairs during the 107th Congress. This tem, services provided by clinical so- to a patient. Congress made this change in an attempt to captitate the rapidly rising bill does three things. First if provides cial workers are lumped, or ‘‘bundled,’’ costs of additional patient services delivered a process for Federal recognition of the along with the services of other health by Medicare providers to SNF patients, with Native Hawaiian governing entity. Sec- care providers for the purposes of bill- the precise target being physical, occupa- ond, it establishes an office within the ing and payments. Psychologists and tional, and speech-language therapy serv- Department of the Interior to focus on psychiatrists, who provide similar ices. However, Congress recognized that Native Hawaiian issues and to serve as counseling, were exempted from this some services, such as mental health and an- a liaison between Native Hawaiians system and continue to bill Medicare esthesia, are best provided on an individual basis rather than as part of the bundle of and the Federal Government. Finally, directly. This bill would exempt clin- services. Thus, the following types of pro- ical social workers, like their mental it establishes an interagency coordi- viders are specifically excluded from the nating group to be composed of rep- health colleagues, from the Prospec- PPS: physicians, clinical psychologists, cer- resentatives of federal agencies which tive Payment System, and would make tified nurse-midwives, and certified reg- sure that clinical social workers are istered nurse anesthetists. Unfortunately, administer programs and implement paid for the services they provide to due to an unintentional oversight during the policies impacting Native Hawaiians. While Federal policies towards Na- patients in skilled nursing facilities. drafting process, clinical social workers were not listed among the aforementioned pro- tive Hawaiians have paralleled that of The Medicare, Medicaid, and SCHIP viders in the legislation. Native American Indians and Alaska Benefits Improvement and Protection In 1996, Department of Health and Human Natives, the Federal policy of self-de- Act addressed some of these concerns, Services Inspector General June Gibbs but this legislation would remove the Brown published a report entitled ‘‘Mental termination and self-governance has final barrier to ensuring that clinical Health Services in Nursing Facilities’’. The not yet been extended to Native Hawai- social workers are treated fairly and purpose of the report was to describe the ians. This measure extends this policy equitably for the care they provide. types of mental health services provided in to Native Hawaiians, thus furthering This bill is about more than paper- nursing facilities and identify potential the process of reconciliation between vulnerabilities in the mental health services work and payment procedures. This Native Hawaiians and the United covered by Medicare. One critical funding of States, and providing parity in the bill is about equal access to Medicare the report was 70% of nursing home respond- payments for the equal and important ents stated that permitting clinical social Federal Government’s interactions work done by clinical social workers. It workers and clinical psychologists to bill with American Indians, Alaska Na- is also about making sure our Nation’s independently had a beneficial effect on the tives, and Native Hawaiians. most vulnerable citizens have access to provision of mental health services in nurs- This measure does not establish enti- quality, affordable mental health care. ing facilities. The Clinical Social Work tlements or special treatment for Na- Without clinical social workers, many Medicare Equity will maintain this bene- tive Hawaiians based on race. This ficial effect on SNF patients by ensuring the nursing home residents may never get measure focuses on the political rela- continuation of direct Medicare billing by tionship afforded to Native Hawaiians the counseling they need when faced clinical social workers for mental health with a life threatening illness or the services rendered to SNF patients. based on the United States’ recognition loss of a loved one. I think we can do Your efforts on behalf of mental health pa- of Native Hawaiians as the aboriginal, better by our nation’s seniors, and I’m tients and professionals nationwide are indigenous peoples of Hawaii. While fighting to make sure we do. greatly appreciated by our members. We the United States’ history with its in- The Clinical Social Work Medicare thank you for your strong interest in and digenous peoples has been dismal, in Equity Act of 2003 is strongly sup- commitment to this important issue as dem- recent decades, the United States has onstrated by your sponsorship of the Clinical engaged in a policy of self-determina- ported by the National Association of Social Work Medicare Equity Act. Social Workers. I ask unanimous con- Please do not hesitate to contact tion and self-governance with its indig- sent that a letter of endorsement from Francesca Fierro O’Reilly of my staff at 202– enous peoples. Government-to-govern- the National Association of Social 408–8600 x336 should you require anything ment relationships provide indigenous Workers be printed in the RECORD. I further. NASW looks forward to working peoples with the opportunity to work also want to thank Senators Johnson, with you on this and future issues of mutual directly with the Federal Government Murray, Stabenow, Corzine, Inouye, concern. on policies affecting their lands, nat- Sincerely, ural resources and many other aspects and Bingaman for their cosponsorship ELIZABETH J. CLARK, of this bill. I look forward to working PhD, ACSW, MPH, Executive Director. of their well-being. with my colleagues to enact this im- This measure does not impact pro- portant legislation. By Mr. AKAKA (for himself and gram funding for American Indians and There being no objection, the letter Mr. INOUYE): Alaska Natives. Federal programs for was ordered to be printed in the S. 344. A bill expressing the policy of Native Hawaiian health, education, and RECORD, as follows: the United States regarding the United housing are already administered by

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2202 CONGRESSIONAL RECORD — SENATE February 11, 2003 the Departments of Health and Human tradition. It is from this culture and these deeply rooted issues in order for Services, Education, and Housing and tradition that the Aloha spirit, which us to be able to move forward as one. Urban Development. The bill I intro- is demonstrated throughout Hawaii, by I cannot emphasize how important duce today contains a provision which all of its people, has endured and flour- this issue is for the people of Hawaii. makes clear that this bill does not au- ished. At the state level, I will continue to thorize new eligibility for participation Despite the overthrow of the King- work with the Hawaii State Legisla- in any programs and services provided dom of Hawaii, Native Hawaiians never ture which has expressed its support by the Bureau of Indian Affairs. This directly relinquished their inherent for this legislation. I will also be work- bill does not authorize gaming in Ha- sovereignty as a people over their na- ing with Governor Linda Lingle, Ha- waii. In fact, it clearly states that the tional lands, either through their gov- waii’s newly elected Governor, who has Indian Gaming Regulatory Act, IGRA, ernment or through a plebiscite or ref- expressed her support for Federal rec- does not apply to the Native Hawaiian erendum. Ever since the overthrow of ognition for Native Hawaiians. I look governing entity. their government, Native Hawaiians forward to continuing my discussions Finally, this measure does not pre- have sought to maintain political au- with officials within the Federal Gov- clude Native Hawaiians from seeking thority within their community. The ernment to address issues related to alternatives in the international arena. Federal policy of self-governance and this bill, and I continue to welcome This measure focuses on self-deter- self-determination recognizes and pro- input from the people of Hawaii as to mination within the framework of Fed- vides for this inherent right within how we should move forward as a eral law and seeks to establish equality Federal law. State, and as a community, to address in the Federal policies extended to- Throughout my service in the Con- longstanding issues resulting from the wards American Indians, Alaska Na- gress and the Senate, I have worked to overthrow of the Kingdom of Hawaii. tives and Native Hawaiians. establish a proper foundation of rec- We have an established record of We introduced similar legislation onciliation between the United States United States’ commitment to rec- onciliation with Native Hawaiians. during the 106th and 107th Congresses. and Native Hawaiians to positively ad- This legislation is another step forward A previous version of this legislation dress longstanding issues of concern re- to honoring that commitment. I ask all was passed by the House of Representa- sulting from the overthrow. The legis- my colleagues to join me in enacting tives during the 106th Congress. The lation we introduce today to clarify this critical measure for the people of legislation is widely supported by our the political relationship between Na- Hawaii. indigenous brethren, American Indians tive Hawaiians and the United States Mr. President, I ask unanimous con- and Alaska Natives. It is also sup- proceeds from our efforts to promote sent that the text of this measure be ported by the Hawaii State Legislature reconciliation. This endeavor enjoys printed in the RECORD. which passed two resolutions sup- overwhelming support from Native Ha- There being no objection, the bill was porting a government-to-government waiians and all the people of Hawaii. ordered to be printed in the RECORD, as relationship between Native Hawaiians In 1978, the people of Hawaii acted to follows: and the United States. Similar resolu- preserve Native Hawaiian culture and S. 344 tions have been passed by the Alaska tradition by amending Hawaii’s State Be it enacted by the Senate and House of Rep- Federation of Natives, National Con- constitution to establish the Office of resentatives of the United States of America in gress of American Indians, Japanese Hawaiian Affairs and to give expression Congress assembled, American Citizens’ League, and the Na- to the right of self-determination and SECTION 1. FINDINGS. tional Education Association. self-governance at the State level for Congress makes the following findings: The essence of Hawaii is captured not Hawaii’s indigenous peoples, Native (1) The Constitution vests Congress with by the physical beauty of its islands, Hawaiians. Starting with statehood, the authority to address the conditions of but by the beauty of its people. Those the indigenous, native people of the United Hawaii endeavored to address and pro- States. who have lived in Hawaii have a unique tect the rights and concerns of Ha- (2) Native Hawaiians, the native people of demeanor and attitude which is appro- waii’s indigenous peoples in accordance the Hawaiian archipelago which is now part priately described as the ‘‘aloha’’ spir- with authority delegated under Federal of the United States, are indigenous, native it. The people of Hawaii demonstrate policy. The constraints of this ap- people of the United States. the aloha spirit through their actions— proach are evident. This bill extends (3) The United States has a special trust through their generosity, through their the Federal policy of self-determina- relationship to promote the welfare of the appreciation of the environment and native people of the United States, including tion and self-governance to Native Ha- Native Hawaiians. natural resources, through their will- waiians at the Federal level through a (4) Under the treaty making power of the ingness to care for each other, through government-to-government relation- United States, Congress exercised its con- their genuine friendliness. ship with the Native Hawaiian gov- stitutional authority to confirm a treaty be- The people of Hawaii share many eth- erning entity. tween the United States and the government nic backgrounds and cultures. This mix This measure is not being introduced that represented the Hawaiian people, and of culture and tradition is based on the to circumvent the 1999 United States from 1826 until 1893, the United States recog- unique history of Hawaii. The Aloha Supreme Court decision in the case of nized the independence of the Kingdom of spirit is the legacy of the pride we all Hawaii, extended full diplomatic recognition Rice v. Cayeano. The Rice case was a to the Hawaiian Government, and entered share in the culture and tradition of voting rights case whereby the Su- into treaties and conventions with the Ha- Hawaii’s indigenous, native peoples, preme Court held that the State of Ha- waiian monarchs to govern commerce and the Native Hawaiians. Hawaii’s State waii must allow all citizens of Hawaii navigation in 1826, 1842, 1849, 1875, and 1887. motto, ‘‘Ua mau ke’ea ‘o ka ‘aina i ka to vote for the trustees of a quasi-State (5) Pursuant to the provisions of the Ha- pono,’’ which means ‘‘the life of the agency, the Office of Hawaiian Affairs. waiian Homes Commission Act, 1920 (42 Stat. land is perpetuated in righteousness,’’ Nothing in this legislation would alter 108, chapter 42), the United States set aside captures the culture of Native Hawai- the eligibility of the electorate who 203,500 acres of land in the Federal territory ians. Prior to western contact, Native that later became the State of Hawaii to ad- votes for the Board of Trustees for the dress the conditions of Native Hawaiians. Hawaiians lived in an advanced soci- Office of Hawaiian Affairs. (6) By setting aside 203,500 acres of land for ety, in distinct and structured commu- This measure is critical to the people Native Hawaiian homesteads and farms, the nities steeped in science. The Native of Hawaii because it provides the struc- Act assists the Native Hawaiian community Hawaiians honored their ‘aina, land, ture necessary to address many long- in maintaining distinct native settlements and environment, and therefore devel- standing issues facing Hawaii’s indige- throughout the State of Hawaii. oped methods of irrigation, agri- nous peoples and the State of Hawaii. (7) Approximately 6,800 Native Hawaiian culture, aquaculture, navigation, medi- By addressing and resolving these mat- lessees and their family members reside on cine, fishing and other forms of subsist- ters, we continue our process of heal- Hawaiian Home Lands and approximately 18,000 Native Hawaiians who are eligible to ence whereby the land and sea were ef- ing, a process of reconciliation not reside on the Home Lands are on a waiting ficiently used without waste or dam- only within the United States, but list to receive assignments of land. age. Respect for the environment within the State of Hawaii. The time (8) In 1959, as part of the compact admit- formed the basis of their culture and has come for us to be able to address ting Hawaii into the United States, Congress

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2203 established the Ceded Lands Trust for 5 pur- tive Hawaiian generations their ancestral (107 Stat. 1510), a joint resolution extending poses, 1 of which is the betterment of the lands and Native Hawaiian political and cul- an apology to Native Hawaiians on behalf of conditions of Native Hawaiians. Such trust tural identity in accordance with their tradi- the United States for the participation of consists of approximately 1,800,000 acres of tions, beliefs, customs and practices, lan- agents of the United States in the January land, submerged lands, and the revenues de- guage, and social and political institutions, 17, 1893, overthrow of the Kingdom of Hawaii. rived from such lands, the assets of which and to achieve greater self-determination (3) CEDED LANDS.—The term ‘‘ceded lands’’ have never been completely inventoried or over their own affairs. means those lands which were ceded to the segregated. (19) This Act provides for a process within United States by the Republic of Hawaii (9) Throughout the years, Native Hawai- the framework of Federal law for the Native under the Joint Resolution to provide for an- ians have repeatedly sought access to the Hawaiian people to exercise their inherent nexing the Hawaiian Islands to the United Ceded Lands Trust and its resources and rev- rights as a distinct aboriginal, indigenous, States of July 7, 1898 (30 Stat. 750), and which enues in order to establish and maintain na- native community to reorganize a Native were later transferred to the State of Hawaii tive settlements and distinct native commu- Hawaiian governing entity for the purpose of in the Act entitled ‘‘An Act to provide for nities throughout the State. giving expression to their rights as native the admission of the State of Hawaii into the (10) The Hawaiian Home Lands and the people to self-determination and self-govern- Union’’ approved March 18, 1959 (Public Law Ceded Lands provide an important founda- ance. 86–3; 73 Stat. 4). tion for the ability of the Native Hawaiian (20) The United States has declared that— (4) INDIGENOUS, NATIVE PEOPLE.—The term community to maintain the practice of Na- (A) the United States has a special respon- ‘‘indigenous, native people’’ means the lineal tive Hawaiian culture, language, and tradi- sibility for the welfare of the native peoples descendants of the aboriginal, indigenous, tions, and for the survival of the Native Ha- of the United States, including Native Ha- native people of the United States. waiian people. waiians; (5) INTERAGENCY COORDINATING GROUP.—The (11) Native Hawaiians have maintained (B) Congress has identified Native Hawai- term ‘‘Interagency Coordinating Group’’ other distinctly native areas in Hawaii. ians as a distinct indigenous group within means the Native Hawaiian Interagency Co- (12) On November 23, 1993, Public Law 103– the scope of its Indian affairs power, and has ordinating Group established under section 150 (107 Stat. 1510) (commonly known as the enacted dozens of statutes on their behalf 5. Apology Resolution) was enacted into law, pursuant to its recognized trust responsi- (6) NATIVE HAWAIIAN.— extending an apology on behalf of the United bility; and (A) Prior to the recognition by the United States to the Native people of Hawaii for the (C) Congress has also delegated broad au- States of the Native Hawaiian governing en- United States role in the overthrow of the thority to administer a portion of the Fed- tity, the term ‘‘Native Hawaiian’’ means the Kingdom of Hawaii. eral trust responsibility to the State of Ha- indigenous, native people of Hawaii who are (13) The Apology Resolution acknowledges waii. the direct lineal descendants of the aborigi- that the overthrow of the Kingdom of Hawaii (21) The United States has recognized and nal, indigenous, native people who resided in occurred with the active participation of reaffirmed the special trust relationship the islands that now comprise the State of agents and citizens of the United States and with the Native Hawaiian people through the Hawaii on or before January 1, 1893, and who further acknowledges that the Native Hawai- enactment of the Act entitled ‘‘An Act to occupied and exercised sovereignty in the ian people never directly relinquished their provide for the admission of the State of Ha- Hawaiian archipelago, including the area claims to their inherent sovereignty as a waii into the Union’’, approved March 18, that now constitutes the State of Hawaii, people over their national lands to the 1959 (Public Law 86–3; 73 Stat. 4) by— and includes all Native Hawaiians who were United States, either through their mon- (A) ceding to the State of Hawaii title to eligible in 1921 for the programs authorized archy or through a plebiscite or referendum. the public lands formerly held by the United by the Hawaiian Homes Commission Act (42 (14) The Apology Resolution expresses the States, and mandating that those lands be Stat. 108, chapter 42) and their lineal de- commitment of Congress and the President held in public trust for 5 purposes, one of scendants. to acknowledge the ramifications of the which is for the betterment of the conditions (B) Following the recognition by the overthrow of the Kingdom of Hawaii and to of Native Hawaiians; and United States of the Native Hawaiian gov- support reconciliation efforts between the (B) transferring the United States respon- erning entity, the term ‘‘Native Hawaiian’’ United States and Native Hawaiians; and to sibility for the administration of the Hawai- shall have the meaning given to such term in have Congress and the President, through ian Home Lands to the State of Hawaii, but the organic governing documents of the Na- the President’s designated officials, consult retaining the authority to enforce the trust, tive Hawaiian governing entity. with Native Hawaiians on the reconciliation including the exclusive right of the United (7) NATIVE HAWAIIAN GOVERNING ENTITY.— process as called for under the Apology Reso- States to consent to any actions affecting The term ‘‘Native Hawaiian governing enti- lution. the lands which comprise the corpus of the ty’’ means the governing entity organized by (15) Despite the overthrow of the Hawaiian trust and any amendments to the Hawaiian the Native Hawaiian people. Government, Native Hawaiians have contin- Homes Commission Act, 1920 (42 Stat. 108, (8) SECRETARY.—The term ‘‘Secretary’’ ued to maintain their separate identity as a chapter 42) that are enacted by the legisla- means the Secretary of the Interior. distinct native community through the for- ture of the State of Hawaii affecting the SEC. 3. UNITED STATES POLICY AND PURPOSE. mation of cultural, social, and political in- beneficiaries under the Act. (a) POLICY.—The United States reaffirms stitutions, and to give expression to their (22) The United States continually has rec- that— rights as native people to self-determination ognized and reaffirmed that— (1) Native Hawaiians are a unique and dis- and self-governance as evidenced through (A) Native Hawaiians have a cultural, his- tinct, indigenous, native people, with whom their participation in the Office of Hawaiian toric, and land-based link to the aboriginal, the United States has a political and legal Affairs. native people who exercised sovereignty over relationship; (16) Native Hawaiians also give expression the Hawaiian Islands; (2) the United States has a special trust re- to their rights as native people to self-deter- (B) Native Hawaiians have never relin- lationship to promote the welfare of Native mination and self-governance through the quished their claims to sovereignty or their Hawaiians; provision of governmental services to Native sovereign lands; (3) Congress possesses the authority under Hawaiians, including the provision of health (C) the United States extends services to the Constitution to enact legislation to ad- care services, educational programs, employ- Native Hawaiians because of their unique dress the conditions of Native Hawaiians and ment and training programs, children’s serv- status as the aboriginal, native people of a has exercised this authority through the en- ices, conservation programs, fish and wildlife once sovereign nation with whom the United actment of— protection, agricultural programs, native States has a political and legal relationship; (A) the Hawaiian Homes Commission Act, language immersion programs and native and 1920 (42 Stat. 108, chapter 42); language immersion schools from kinder- (D) the special trust relationship of Amer- (B) the Act entitled ‘‘An Act to provide for garten through high school, as well as col- ican Indians, Alaska Natives, and Native Ha- the admission of the State of Hawaii into the lege and master’s degree programs in native waiians to the United States arises out of Union’’, approved March 18, 1959 (Public Law language immersion instruction, and tradi- their status as aboriginal, indigenous, native 86–3; 73 Stat. 4); and tional justice programs, and by continuing people of the United States. (C) more than 150 other Federal laws ad- their efforts to enhance Native Hawaiian SEC. 2. DEFINITIONS. dressing the conditions of Native Hawaiians; self-determination and local control. In this Act: (4) Native Hawaiians have— (17) Native Hawaiians are actively engaged (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- (A) an inherent right to autonomy in their in Native Hawaiian cultural practices, tradi- PLE.—The term ‘‘aboriginal, indigenous, na- internal affairs; tional agricultural methods, fishing and sub- tive people’’ means those people whom Con- (B) an inherent right of self-determination sistence practices, maintenance of cultural gress has recognized as the original inhab- and self-governance; and use areas and sacred sites, protection of bur- itants of the lands and who exercised sov- (C) the right to reorganize a Native Hawai- ial sites, and the exercise of their traditional ereignty prior to European contact in the ian governing entity; and rights to gather medicinal plants and herbs, areas that later became part of the United (5) the United States shall continue to en- and food sources. States. gage in a process of reconciliation and polit- (18) The Native Hawaiian people wish to (2) APOLOGY RESOLUTION.—The term ‘‘Apol- ical relations with the Native Hawaiian peo- preserve, develop, and transmit to future Na- ogy Resolution’’ means Public Law 103–150 ple.

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(b) PURPOSE.—It is the intent of Congress actions by any agency or agencies of the ty along with a justification for each of the that the purpose of this Act is to provide a Federal Government which may signifi- Secretary’s findings as to why the provisions process for the recognition by the United cantly or uniquely impact on Native Hawai- are not consistent with such law. States of a Native Hawaiian governing enti- ian resources, rights, or lands; (ii) AMENDMENT AND RESUBMISSION BY THE ty for purposes of continuing a government- (2) to assure that each Federal agency de- NATIVE HAWAIIAN GOVERNING ENTITY.—If the to-government relationship. velops a policy on consultation with the Na- organic governing documents are resub- SEC. 4. ESTABLISHMENT OF THE UNITED STATES tive Hawaiian people, and upon recognition mitted to the duly elected officers of the Na- OFFICE FOR NATIVE HAWAIIAN RE- of the Native Hawaiian governing entity by tive Hawaiian governing entity by the Sec- LATIONS. the United States, consultation with the Na- retary under clause (i), the duly elected offi- (a) IN GENERAL.—There is established with- tive Hawaiian governing entity; and cers of the Native Hawaiian governing entity in the Office of the Secretary the United (3) to assure the participation of each Fed- shall— States Office for Native Hawaiian Relations. eral agency in the development of the report (I) amend the organic governing documents (b) DUTIES OF THE OFFICE.—The United to Congress authorized in section 4(b)(5). to ensure that the documents comply with States Office for Native Hawaiian Relations SEC. 6. PROCESS FOR THE RECOGNITION OF THE applicable Federal law; and shall— NATIVE HAWAIIAN GOVERNING EN- (II) resubmit the amended organic gov- (1) effectuate and coordinate the trust rela- TITY. erning documents to the Secretary for cer- tionship between the Native Hawaiian people (a) RECOGNITION OF THE NATIVE HAWAIIAN tification in accordance with the require- and the United States, and upon the recogni- GOVERNING ENTITY.—The right of the Native ments of this paragraph. tion of the Native Hawaiian governing entity Hawaiian people to organize for their com- (D) CERTIFICATIONS DEEMED MADE.—The mon welfare and to adopt appropriate or- by the United States, between the Native certifications authorized in subparagraph (B) ganic governing documents is hereby recog- Hawaiian governing entity and the United shall be deemed to have been made if the nized by the United States. States through the Secretary, and with all Secretary has not acted within 90 days of the (b) PROCESS FOR RECOGNITION.— other Federal agencies; date that the duly elected officers of the Na- (1) SUBMITTAL OF ORGANIC GOVERNING DOCU- (2) continue the process of reconciliation tive Hawaiian governing entity have sub- MENTS.—Following the organization of the with the Native Hawaiian people, and upon mitted the organic governing documents of the recognition of the Native Hawaiian gov- Native Hawaiian governing entity, the adop- tion of organic governing documents, and the Native Hawaiian governing entity to the erning entity by the United States, continue Secretary. the process of reconciliation with the Native the election of officers of the Native Hawai- ian governing entity, the duly elected offi- (3) FEDERAL RECOGNITION.—Notwith- Hawaiian governing entity; standing any other provision of law, upon (3) fully integrate the principle and prac- cers of the Native Hawaiian governing entity shall submit the organic governing docu- the election of the officers of the Native Ha- tice of meaningful, regular, and appropriate waiian governing entity and the certifi- consultation with the Native Hawaiian gov- ments of the Native Hawaiian governing en- tity to the Secretary. cations by the Secretary required under erning entity by providing timely notice to, paragraph (1), the United States hereby ex- and consulting with the Native Hawaiian (2) CERTIFICATIONS.— (A) IN GENERAL.—Within 90 days of the date tends Federal recognition to the Native Ha- people and the Native Hawaiian governing waiian governing entity as the representa- entity prior to taking any actions that may that the duly elected officers of the Native Hawaiian governing entity submit the or- tive governing body of the Native Hawaiian have the potential to significantly affect Na- people. tive Hawaiian resources, rights, or lands; ganic governing documents to the Secretary, (4) consult with the Interagency Coordi- the Secretary shall certify that the organic SEC. 7. AUTHORIZATION OF APPROPRIATIONS. nating Group, other Federal agencies, and governing documents— There is authorized to be appropriated with relevant agencies of the State of Hawaii (i) establish the criteria for citizenship in such sums as may be necessary to carry out on policies, practices, and proposed actions the Native Hawaiian governing entity; the activities authorized in this Act. affecting Native Hawaiian resources, rights, (ii) were adopted by a majority vote of the SEC. 8. REAFFIRMATION OF DELEGATION OF or lands; and citizens of the Native Hawaiian governing FEDERAL AUTHORITY; NEGOTIA- (5) prepare and submit to the Committee entity; TIONS. on Indian Affairs and the Committee on En- (iii) provide for the exercise of govern- (a) REAFFIRMATION.—The delegation by the ergy and Natural Resources of the Senate, mental authorities by the Native Hawaiian United States of authority to the State of and the Committee on Resources of the governing entity; Hawaii to address the conditions of the in- House of Representatives an annual report (iv) provide for the Native Hawaiian gov- digenous, native people of Hawaii contained detailing the activities of the Interagency erning entity to negotiate with Federal, in the Act entitled ‘‘An Act to provide for Coordinating Group that are undertaken State, and local governments, and other en- the admission of the State of Hawaii into the with respect to the continuing process of rec- tities; Union’’ approved March 18, 1959 (Public Law onciliation and to effect meaningful con- (v) prevent the sale, disposition, lease, or 86–3; 73 Stat. 5) is hereby reaffirmed. sultation with the Native Hawaiian gov- encumbrance of lands, interests in lands, or (b) NEGOTIATIONS.—Upon the Federal rec- erning entity and providing recommenda- other assets of the Native Hawaiian gov- ognition of the Native Hawaiian governing tions for any necessary changes to existing erning entity without the consent of the Na- entity by the United States, the United Federal statutes or regulations promulgated tive Hawaiian governing entity; States is authorized to negotiate and enter under the authority of Federal law. (vi) provide for the protection of the civil into an agreement with the State of Hawaii rights of the citizens of the Native Hawaiian SEC. 5. NATIVE HAWAIIAN INTERAGENCY CO- and the Native Hawaiian governing entity ORDINATING GROUP. governing entity and all persons subject to regarding the transfer of lands, resources, (a) ESTABLISHMENT.—In recognition of the the authority of the Native Hawaiian gov- and assets dedicated to Native Hawaiian use fact that Federal programs authorized to ad- erning entity, and ensure that the Native to the Native Hawaiian governing entity. dress the conditions of Native Hawaiians are Hawaiian governing entity exercises its au- Nothing in this Act is intended to serve as a largely administered by Federal agencies thority consistent with the requirements of settlement of any claims against the United other than the Department of the Interior, section 202 of the Act of April 11, 1968 (25 States. there is established an interagency coordi- U.S.C. 1302); and (vii) are consistent with applicable Federal SEC. 9. APPLICABILITY OF CERTAIN FEDERAL nating group to be known as the ‘‘Native Ha- LAWS. law and the special trust relationship be- waiian Interagency Coordinating Group’’. (a) INDIAN GAMING REGULATORY ACT.— tween the United States and the indigenous (b) COMPOSITION.—The Interagency Coordi- Nothing contained in this Act shall be con- native people of the United States. nating Group shall be composed of officials, strued as an authorization for the Native Ha- to be designated by the President, from— (B) BY THE SECRETARY.—Within 90 days of the date that the duly elected officers of the waiian governing entity to conduct gaming (1) each Federal agency that administers activities under the authority of the Indian Native Hawaiian programs, establishes or Native Hawaiian governing entity submit the organic governing documents to the Sec- Gaming Regulatory Act (25 U.S.C. 2701 et implements policies that affect Native Ha- seq.). waiians, or whose actions may significantly retary, the Secretary shall certify that the (b) BUREAU OF INDIAN AFFAIRS.—Nothing or uniquely impact on Native Hawaiian re- State of Hawaii supports the recognition of a Native Hawaiian governing entity by the contained in this Act shall be construed as sources, rights, or lands; and an authorization for eligibility to partici- (2) the United States Office for Native Ha- United States as evidenced by a resolution or act of the Hawaii State legislature. pate in any programs and services provided waiian Relations established under section 4. by the Bureau of Indian Affairs for any per- (c) LEAD AGENCY.—The Department of the (C) RESUBMISSION IN CASE OF NONCOMPLI- sons not otherwise eligible for such programs Interior shall serve as the lead agency of the ANCE WITH FEDERAL LAW.— or services. Interagency Coordinating Group, and meet- (i) RESUBMISSION BY THE SECRETARY.—If the ings of the Interagency Coordinating Group Secretary determines that the organic gov- SEC. 10. SEVERABILITY. shall be convened by the lead agency. erning documents, or any part thereof, are In the event that any section or provision (d) DUTIES.—The responsibilities of the not consistent with applicable Federal law, of this Act is held invalid, it is the intent of Interagency Coordinating Group shall be— the Secretary shall resubmit the organic Congress that the remaining sections or pro- (1) the coordination of Federal programs governing documents to the duly elected of- visions of this Act shall continue in full and policies that affect Native Hawaiians or ficers of the Native Hawaiian governing enti- force and effect.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2205 By Mr. NELSON of Florida (for gram may not select patients based but that is the law, because if Federal himself, Mr. KENNEDY, Mr. GRA- upon willingness or ability to pay a fee Prison Industries says that it wants a HAM of Florida, Mr. EDWARDS, for other services. This is the same contract, it gets that contract, regard- and Mr. SARBANES): standard that private insurance compa- less whether a company in the private S. 345. A bill to amend the title XVIII nies apply to their providers. sector may offer to provide the product of the Social Security Act to prohibit I hope my colleagues will join me in better, cheaper, or faster. physicians and other health care prac- helping Medicare keep its promise of We have made considerable progress titioners from charging membership or accessibility to seniors who have paid a on this issue since Senator THOMAS and other incidental fee (or requiring pur- lifetime of ‘‘premiums.’’ I introduced a similar bill in the 107th chase of other items or services) as a I ask unanimous consent that the congress. Two years ago, the Senate prerequisite for the provision of an text of this legislation be printed in voted 74–24 to end Federal Prison In- item or service to a medicare bene- the RECORD. dustries’ monopoly on Department of ficiary; to the Committee on Finance. There being no objection, the bill was Defense contracts. Not only was that Mr. NELSON of Florida. Mr. Presi- ordered to be printed in the RECORD, as provision enacted into law, we were dent, I rise today to introduce the follows: able to strengthen it with a second pro- Equal Access to Medicare Act to com- S. 345 vision in last year’s defense bill. bat the growing practice of ‘‘concierge Be it enacted by the Senate and House of Rep- Despite this progress, much work re- care’’ medical practices. As my col- resentatives of the United States of America in mains to be done. As of today, Federal leagues may recall I introduced similar Congress assembled, Prison Industries retains its monopoly legislation last Congress to deal with SECTION 1. SHORT TITLE. on the contracts of every agency of the the growing problem of doctors shut- This Act may be cited as the ‘‘Equal Ac- Federal Government, other than the ting down their practices and opening cess to Medicare Act of 2003’’. Department of Defense. This means new ones, only accepting those pa- SEC. 2. PROHIBITION OF INCIDENTAL FEES AND that all other Federal agencies, includ- tients willing to pay a membership fee. REQUIRED PURCHASE OF NON- ing the new Department of Homeland COVERED ITEMS OR SERVICES These fees range from $1,500 to $20,000 UNDER MEDICARE. Security, may be required to purchase annually. By charging these dues, or (a) IN GENERAL.—Section 1842 of the Social products from Federal Prison Indus- requiring patients to purchase non- Security Act (42 U.S.C. 1395u) is amended by tries. It also means that private sector Medicare covered services, doctors adding at the end the following new sub- companies may find it impossible to have been able to shrink their patient section: sell their products to their own govern- load and maintain high profit margins ‘‘(u) PROHIBITION OF INCIDENTAL FEES OR ment, even when their products out- while continuing to bill Medicare, all REQUIRING PURCHASE OF NONCOVERED ITEMS perform FPI products in terms of price, OR SERVICES.— on the backs of low- and middle-income quality and time of delivery. ‘‘(1) IN GENERAL.—A physician, practitioner beneficiaries. (as described in section 1842(b)(18)(C)), or The bill that we are introducing This is a dangerous model that other individual may not— today would not limit the ability of causes significant disparities in the ‘‘(A) charge a membership fee or any other Federal Prison Industries to sell its care available to Medicare bene- incidental fee to a medicare beneficiary (as products to Federal agencies. It would ficiaries. A doctor receiving Medicare defined in section 1802(b)(5)(A)); or simply say that these sales should be reimbursement should not be allowed ‘‘(B) require a medicare beneficiary (as so made on a competitive, rather than a to turn away those Medicare bene- defined) to purchase a noncovered item or sole-source basis. ficiaries who cannot, or choose not to service, FPI starts with a significant advan- as a prerequisite for the provision of a cov- tage in any competition with the pri- pay a membership fee. My bill simply ered item or service to the beneficiary under prevents Medicare from reimbursing this title. vate sector, since FPI pays inmates doctors who charge membership fees or ‘‘(2) CONSTRUCTION.—Nothing in this sub- less than two dollars an hour, far below require the purchase of non-Medicare section shall be construed to apply the prohi- the minimum wage and a small frac- covered services as a condition for the bition under paragraph (1) to a physician, tion of the wage paid to most private provision of care. practitioner, or other individual described in sector workers in competing indus- Since the introduction of this bill in such subsection who does not accept any tries. And of course, the taxpayers pro- 2001, the practice has been rapidly ex- funds under this title.’’. vide a direct subsidy to Federal Prison panding with versions in many states. (b) EFFECTIVE DATE.—The amendment Industries products by picking up the made by subsection (a) shall apply to mem- As an increasing number of Medicare bership fees and other charges made, or pur- cost of feeding, clothing, and housing beneficiaries voice their concerns, it is chases of items and services required, on or the inmates who provide the labor. time for Congress to act. I hope that as after the date of enactment of this Act. Given those advantages, there is no we debate Medicare modernization this reason why we should still require Fed- year, Congress will agree to put an end By Mr. LEVIN (for himself and eral agencies to purchase products to this egregious practice. Mr. THOMAS): from FPI even when they are more ex- In addition to the concerns of sen- S. 346. A bill to amend the Office of pensive or of a lower quality than com- iors, health care advocacy groups have Federal Procurement Policy Act to es- peting commercial items. I can think begun to weigh in as well. Both the tablish a governmentwide policy re- of no reason why private industry American Academy of Family Physi- quiring competition in certain execu- should be prohibited from competing cians and the American Medical Asso- tive agency procurements; to the Com- for these federal agency contracts. ciation have expressed concern about mittee on Governmental Affairs. We have made several changes to this the ‘‘. . . risks associated with the Mr. LEVIN. Mr. President, I am bill since it was introduced in the 107th spread of this model’’, AMA, June 2002 pleased to join with Senator CRAIG Congress. The new bill has been har- report. Should this practice proliferate, THOMAS in introducing the Federal monized with the provisions that we a doctor shortage for low- and middle- Prison Industries Competition in Con- have already enacted for the Depart- income Medicare beneficiaries is like- tracting Act. Our bill is based on a ment of Defense, to ensure that we will ly, exacerbating an already ailing straightforward premise: it is unfair have a single, government-wide pro- health care marketplace. for Federal Prison Industries to deny curement policy for agencies pur- I must emphasize: this bill does not businesses in the private sector an op- chasing products available from Fed- interfere with a doctor’s ability to set portunity to compete for sales to their eral Prison industries. This govern- up a practice with a limited number of own government. ment-wide policy would be codified in patients while remaining adequately I repeat: the bill that we are intro- the Office of Federal Procurement Pol- compensated. Nor would doctors who ducing today, it enacted, would do icy Act, which is the primary procure- participate in Medicare be prevented nothing more than permit private sec- ment statute that applies to both de- from contracting privately with pa- tor companies to compete for Federal fense and non-defense agencies. I be- tients for non-Medicare covered serv- contracts that are paid for with their lieve that these changes will strength- ices. It simply provides that doctors dollars. It may seem incredible that en the bill and reinforce its underlying who participate in the Medicare pro- they are denied this opportunity today, intent.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2206 CONGRESSIONAL RECORD — SENATE February 11, 2003 Federal Prison Industries has repeat- turn over my proprietary designs to You know, it’s not just the impact FPI has edly claimed that it provides a quality UNICOR, without payment to the dealership. on our businesses, it’s the waste of product at a price that is competitive They have told my customers that if they do everybody’s tax dollars when furniture costs not buy UNICOR, they will be ‘reported to more and doesn’t even do the job. with current market prices. Indeed, the congress’ and that there is no place else to Sincerely, Federal Prison Industries statute re- go for government furniture. They frighten DIANE LAKE, quires them to do so. That statute young department of defense officials with Economy Office Products, Inc. Fairfax, VA. states that FPI may provide to Federal words like ‘illegal’ when they ask about agencies products that ‘‘meet their re- waivers. DEAR MR. CHAIRMAN: I am concerned in the quirements’’ at prices that do not ‘‘ex- The UNICOR reps routinely refuse waivers way taxpayers’ money is being wasted. A few ceed current market prices’’. on the first approach. The answer is a stand- years ago I had proposed over $100,000.00 in Yet, FPI remains unwilling to com- ard ‘UNICOR has products which will meet chairs to the VA Medical Center. They were your needs.’ No explanation. They refuse to excited about the chair I was proposing on pete with private sector businesses and answer waiver requests in a timely fashion. I contract. The chair was less expensive than their employees, or even to permit fed- have had a $110,000 order for the Arizona Air the chair proposed by FPI. The customer eral agencies to compare their products National Guard in Tucson literally taken also recognized that the chair I was pro- and prices with those available in the away by UNICOR. The representative de- posing was better in quality and had more private sector. Indeed, FPI has tried to manded the designs and said that UNICOR ergonomic features, which would assist in prohibit Federal agencies from con- would fill the request. There would be no some of their health issues. Another com- ducting market research, as they waiver and no discussion. And she was right. ment made by the VA was the problem with Despite the fact that all of the programming the FPI chairs breaking easily. Parts were would ordinarily do, to determine phase had been completed by my designers, near impossible to get, so they would throw whether the price and quality or FPI at no cost to the federal government, this the FPI chair in the garbage. products is comparable to what is rep insisted that she knew what was best for In this situation FPI denied the VA waiv- available in the commercial market- this customer. Of course, the products ar- er. Regretfully they had to buy FPI chairs. I place. Instead, Federal agencies are di- rived late, in poor condition, was much more can not believe this happens in America. rected to contact FPI, which acts as expensive than the budgeted GSA furniture— Sincerely, RICK BUCHHOLZ, the sole arbiter of whether the product and the reps have not been heard from. The answer is ‘a 10% discount’ or a ‘free chair.’ Christianson’s Business Furniture. meets the agency’s requirements. In Texas, my representative worked for 4 Mr. LEVIN. These letters are far The result is totally and understand- months with a customer, completing designs ably frustrating to private sector busi- from unique. In case after case, Federal and meeting all relevant criteria. She pro- Prison Industries insists on taking con- nesses and their employees who are de- posed only products on GSA contract. nied an opportunity to compete for UNICOR unilaterally refused to waive the tracts away from private businesses, Federal business, as well as to the Fed- chairs, approximately $50,000 worth, because even where FPI’s products are inferior, eral agencies who are forced to buy FPI their factories were not at capacity. The fact their prices are higher, and they are not prepared to deliver in a timely products. The frustration of these busi- that the UNICOR chairs do not meet the price point, that UNICOR spent no time with manner. This is wrong. nesses comes through in a series of let- the customers determining function, color or Avoiding competition is the easy way ters that were placed in the record of a other requirements has no meaning. The out, but it isn’t the right way for FPI, House Small Business Committee hear- seating portion of the order is lost. The re- it isn’t the right way for the private ing in the last Congress. One letter maining portion would have been lost, as sector workers whose jobs FPI is tak- stated with regard to UNICOR—the well, if the customer had not spent approxi- ing, and it isn’t the right way for Fed- mately 30 days going from one appeal process trade name used by Federal Prison In- eral agencies, which too often get dustries: to the other attempting to get waivers. Very few customers will take the time to do this. stuck with the bill for inferior products DEAR MR. CHAIRMAN: My name is Billy Car- Of course, when the project finally arrives, it that can’t compete with private sector roll; I am an outside sales representatives will be late and missions will be com- goods. Competition will be better for with C&C Office Supply Co. in Biloxi Mis- promised. sissippi. Our company has been in business Federal agencies, better for the tax- Sincerely, for over 20 years and we employ 20 people. payer, and better for working men and During the course of our 20-year history we Ruthanne S. Pitts, women around the country. have done considerable business with numer- Simmons Contract Furnishings, Mr. THOMAS. Mr. President, today I Tucson, Arizona. ous governmental agencies and military in- am pleased to join Senator LEVIN in in- stallations. Some of them being Naval Con- DEAR MR. CHAIRMAN: I personally worked troducing a bill that will further my ef- struction Battalion in Gulfport, Mississippi; with the staff who had just moved into a new forts to limit government competition Air National Guard in Gulfport; Keesler Air ward at Walter Reed Army Medical Center. with the private sector. Senator LEVIN Force Base in Biloxi; Naval Station in We had two meetings during which I took and I propose to eliminate the manda- Pascagoula; and NASA in Stennis Space Cen- measurements and went over in great detail ter. tory contracting requirement that Fed- As a result of FPI’s unfair monopolistic the furniture items they needed for the re- eral agencies are subject to when it practices, we have seen sales from these gov- port room, reception area, patient education comes to products made by the Federal ernmental agencies go from $100,000.00 a room, two offices and some miscellaneous Prison Industries, FPI. Under law, all shelving. The total I quoted to Walter Reed month to less than $5,000 a month. Federal agencies, except the Depart- There are numerous horror stories we hear was approximately $13,000 and met their needs exactly. This was in April of 2000. Our ment of Defense, are required to pur- from our customers who deal with UNICOR. chase products made by the FPI. Sim- The most recent one being that a customer delivery would have been completed within a had to wait 5 months to get their furniture. month. ply put, this bill will require the FPI to When the furniture finally arrived, it wasn’t Because Walter Reed couldn’t get a compete with the private sector for even what they had ordered. This is some- UNICOR waiver (just to determine this fact Federal contracts. thing that would have been averted had they takes at least 6 weeks) the order was placed Currently, the FPI employs approxi- been able to use our company or another with UNICOR and took eight months to be mately 22,000 Federal prisoners or dealer. delivered (it just showed up last week) and roughly 20 percent of all Federal pris- I could go on about how we could have sold much of it was not what officials at Walter Reed even ordered. FPI tells their customers oners. These prisoners are responsible the product much cheaper, which would have for producing a diverse range of prod- saved taxpayers money, faster delivery, what the customer can have rather than which would have increased productivity, meeting the needs of the customer. As an ex- ucts for the FPI, ranging from office and finally better service, but I won’t. You ample, we had designed a workstation for the furniture to clothing. The remaining 80 get the picture. report room to accommodate four com- percent of Federal prisoners, who work, Sincerely, puters. UNICOR sent an expensive, massive do so in and around Federal prisons. BILLY CARROLL, cherry workstation for an executive office While Senator LEVIN and I believe C&C Office Supply Company, Biloxi, MS. that had to be put in someone’s office (who that it is important to keep prisoners didn’t need new furniture) because it was un- working, we do not believe that this ef- Mr. LEVIN. Other vendors expressed usable where it was supposed to go. UNICOR even greater frustration about FPI’s charged an additional $1,500.00 to assemble fort should unduly harm or conflict unfair business practices: this (and didn’t have proper tools to finish with law-abiding businesses. This bill DEAR MR. CHAIRMAN: During the past 5 the assembly). Our price for the proper item seeks to minimize the unfair competi- years I have had representatives from including all set up was less than they tion that private sector companies face UNICOR tell my customers that they had to charged for set-up alone. with the FPI.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2207 The FPI’s mandatory source require- Hills and connects to the adjacent Los SEC. 2. EXPANSION OF DEDUCTION FOR HIGHER ment not only undercuts private busi- Padres and San Bernardino National EDUCATION EXPENSES. (a) AMOUNT OF DEDUCTION.—Subsection (b) ness throughout America, but its man- Forests. of section 222 of the Internal Revenue Code datory source preference oftentimes This parcel of land is unique because of 1986 (relating to deduction for qualified costs American taxpayers more money. of its rare Mediterranean ecosystem tuition and related expenses) is amended to I believe American taxpayers would be and wildlife corridor that stretches read as follows: alarmed to learn of the preferential north from the Santa Monicas. With ‘‘(b) LIMITATIONS.— treatment that the FPI enjoys when it the population growth forecasted to ‘‘(1) DOLLAR LIMITATIONS.— ‘‘(A) IN GENERAL.—Except as provided in comes to Federal contracts. multiply exponentially over the next paragraph (2), the amount allowed as a de- As I said before, Senator LEVIN and I several decades, the need for parks to duction under subsection (a) with respect to support the goal of keeping prisoners balance out the expected population the taxpayer for any taxable year shall not busy while serving their time in prison. growth has become critical in Cali- exceed the applicable dollar limit. However, if we allow competition in fornia. ‘‘(B) APPLICABLE DOLLAR LIMIT.—The appli- Federal contracts, the FPI will be re- Since the creation of the Santa cable dollar limit for any taxable year shall be determined as follows: quired to focus its efforts in product Monica Recreation Area in 1978, Fed- areas that don’t unfairly compete with Applicable eral, State, and local authorities have ‘‘Taxable year: dollar amount: the private sector. Clearly, competitive worked successfully together to create 2003 ...... $8,000 bidding is a reasonable process that and maintain the highly successful 2004 and thereafter ...... $12,000. will ensure taxpayer’s dollars are being Santa Monica Mountains National ‘‘(2) LIMITATION BASED ON MODIFIED AD- spent justly. Recreation Area, the world’s largest JUSTED GROSS INCOME.— Of particular note, our bill allows urban park, hemmed in on all sides by ‘‘(A) IN GENERAL.—The amount which would (but for this paragraph) be taken into contracting officers, within each Fed- development. eral agency, the ability to use competi- account under subsection (a) shall be reduced Park and recreational lands provide (but not below zero) by the amount deter- tive procedures for the procurement of people with a vital refuge from urban mined under subparagraph (B). products. This approach allows Federal life while preserving valuable habitat ‘‘(B) AMOUNT OF REDUCTION.—The amount agencies to select the FPI contracts if and wildlife. With the passage of this determined under this subparagraph equals he/she believes that the FPI can meet legislation, Congress will hold true to the amount which bears the same ratio to that particularly agency’s require- its original commitment to preserve the amount which would be so taken into ac- ments and the product is offered at a count as— the scenic, natural, and historic set- ‘‘(i) the excess of— fair and reasonable price. The above ting of the Santa Monica Mountains outlined provision in our bill seeks to ‘‘(I) the taxpayer’s modified adjusted gross Recreation Area. With the inclusion of income for such taxable year, over place the control of government pro- the Rim of the Valley Corridor in ‘‘(II) $65,000 ($130,000 in the case of a joint curement in the hands of contracting Santa Monica Mountains Recreation return), bears to officers, rather than in the hands of the Area, greater ecological health and di- ‘‘(ii) $15,000 ($30,000 in the case of a joint re- FPI. versity will be promoted, particularly turn). In addition to establishing a competi- for larger animals like mountain lions, ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.— tive procedure for the procurement of For purposes of this paragraph, the term bobcats, and the golden eagle. ‘modified adjusted gross income’ means the products, we include a provision that After the study called for in this bill allows the Attorney General to grant a adjusted gross income of the taxpayer for the is complete, the Secretary of the Inte- taxable year determined— waiver to this process if a particular rior and Congress will be in a key posi- ‘‘(i) without regard to this section and sec- contract is deemed essential to the tion to determine whether the Rim of tions 911, 931, and 933, and safety and effective administration of a the Valley warrants national park sta- ‘‘(ii) after the application of sections 86, particular prison. tus. 135, 137, 219, 221, and 469. I am confident that by allowing com- This bill enjoys strong support from For purposes of the sections referred to in petition for government contracts our local and State officials and I hope clause (ii), adjusted gross income shall be de- bill will save tax dollars. As Congress termined without regard to the deduction al- that it will have as much strong bipar- looks for additional cost saving prac- lowed under this section. tisan support this Congress, as it did tices, the elimination of the FPI’s ‘‘(D) INFLATION ADJUSTMENTS.— last Congress. Congressman Adam mandatory source preference will bring ‘‘(i) IN GENERAL.—In the case of any tax- Schiff plans to introduce companion able year beginning in a calendar year after about numerous improvements, not legislation for this bill in the House 2003, both of the dollar amounts in subpara- just in cost savings, but also in stream- and I applaud his commitment to this graph (B)(i)(II) shall be increased by an lining of the FPI’s products. issue. amount equal to— ‘‘(I) such dollar amount, multiplied by By Mrs. FEINSTEIN: I urge my colleagues to support this ‘‘(II) the cost-of-living adjustment deter- S. 347. A bill to direct the Secretary legislation. mined under section 1(f)(3) for the calendar of the Interior and the Secretary of Ag- year in which the taxable year begins, by riculture to conduct a joint special re- By Mr. SCHUMER (for himself, substituting ‘calendar year 2002’ for ‘cal- sources study to evaluate the suit- Mr. BIDEN, Ms. SNOWE, Mr. endar year 1992’ in subparagraph (B) thereof. ability and feasibility of establishing BAYH, Mr. SMITH, and Mr. DUR- ‘‘(ii) ROUNDING.—If any amount as adjusted BIN): under clause (i) is not a multiple of $50, such the Rim of the Valley Corridor as a amount shall be rounded to the nearest mul- unit of the Santa Monica Mountains S. 348. A bill to amend the Internal Revenue Code of 1986 to make higher tiple of $50.’’. National Recreation Area, and for (b) QUALIFIED TUITION AND RELATED EX- other purposes; to the Committee on education more affordable, and for PENSES OF ELIGIBLE STUDENTS.— Energy and Natural Resources. other purposes; to the Committee on (1) IN GENERAL.—Section 222(a) of the Inter- Mrs. FEINSTEIN. Mr. President, I Finance. nal Revenue Code of 1986 (relating to allow- am pleased to introduce this bill today Mr. SCHUMER. Mr. President, I ask ance of deduction) is amended by inserting to direct the Interior Secretary to con- unanimous consent that the text of the ‘‘of eligible students’’ after ‘‘expenses’’. (2) DEFINITION OF ELIGIBLE STUDENT.—Sec- bill be printed in the RECORD. duct a study to evaluate the suitability tion 222(d) of such Code (relating to defini- and feasibility of expanding the Santa There being no objection, the bill was tions and special rules) is amended by redes- Monica National Recreation Area to ordered to be printed in the RECORD, as ignating paragraphs (2) through (6) as para- include the Rim of the Valley Corridor. follows: graphs (3) through (7), respectively, and by The Rim of the Valley Corridor encir- S. 348 inserting after paragraph (1) the following new paragraph: cles the San Fernando Valley, La Be it enacted by the Senate and House of Rep- ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible Crescenta, Simi, Santa Clarita, Conejo resentatives of the United States of America in student’ has the meaning given such term by Valleys, consisting of parts of the Congress assembled, section 25A(b)(3).’’. Santa Monica Mountains, Santa Su- SECTION 1. SHORT TITLE. (c) DEDUCTION MADE PERMANENT.—Title IX sanna Mountains, San Gabriel Moun- This Act may be cited as the ‘‘Make Col- of the Economic Growth and Tax Relief Rec- tains, Verdugo Mountains, San Rafael lege Affordable Act of 2003’’. onciliation Act of 2001 (relating to sunset of

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2208 CONGRESSIONAL RECORD — SENATE February 11, 2003 provisions of such Act) shall not apply to the ‘‘(2) MARRIED COUPLES MUST FILE JOINT RE- which would have provided students amendments made by section 431 of such TURN.—If the taxpayer is married at the and their families with scholarships, Act. close of the taxable year, the credit shall be tax deductions, and college savings (d) EFFECTIVE DATE.—The amendments allowed under subsection (a) only if the tax- plans. We’ve made some good progress. made by this section shall apply to payments payer and the taxpayer’s spouse file a joint A number of initiatives were incor- made in taxable years beginning after De- return for the taxable year. cember 31, 2002. ‘‘(3) MARITAL STATUS.—Marital status shall porated into the 1997 tax bill. Today SEC. 3. CREDIT FOR INTEREST ON HIGHER EDU- be determined in accordance with section families have available to them the CATION LOANS. 7703.’’. Hope Scholarship—a tax credit of up to (a) IN GENERAL.—Subpart A of part IV of (b) CONFORMING AMENDMENT.—The table of $1,500 for the first two years of college, subchapter A of chapter 1 of the Internal sections for subpart A of part IV of sub- and the Lifetime Learning Credit— Revenue Code of 1986 (relating to nonrefund- chapter A of chapter 1 of the Internal Rev- which permits a 20 percent tax credit able personal credits) is amended by insert- enue Code of 1986 is amended by inserting on up to $10,000 worth of higher edu- ing after section 25B the following new sec- after the item relating to section 25B the fol- cation expenses. Students can also tion: lowing new item: claim a tax deduction for interest on ‘‘SEC. 25C. INTEREST ON HIGHER EDUCATION ‘‘Sec. 25C. Interest on higher education LOANS. student loans, have the opportunity to loans.’’. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of consolidate their student loans at low an individual, there shall be allowed as a (c) EFFECTIVE DATE.—The amendments interest rates and beginning in 2001, credit against the tax imposed by this chap- made by this section shall apply to any have had the chance to deduct up to ter for the taxable year an amount equal to qualified education loan (as defined in sec- $3,000 in tuition expenses from their the interest paid by the taxpayer during the tion 25C(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, Federal income tax. taxable year on any qualified education loan. And yet, we can and should do more ‘‘(b) MAXIMUM CREDIT.— before, or after the date of the enactment of ‘‘(1) IN GENERAL.—Except as provided in this Act, but only with respect to any loan to help qualified students attend the paragraph (2), the credit allowed by sub- interest payment due after December 31, college of their dreams. This is why I section (a) for the taxable year shall not ex- 2002. introduced my Tuition Assistance for ceed $1,500. Mr. BIDEN. Mr. President, I am Families Act in January. This bill ‘‘(2) LIMITATION BASED ON MODIFIED AD- pleased once again to join my col- would expand current tuition tax cred- JUSTED GROSS INCOME.— league from New York, Senator SCHU- its, provide merit scholarships to grad- ‘‘(A) IN GENERAL.—If the modified adjusted MER, to talk about a bill that will help uating seniors, increase the maximum gross income of the taxpayer for the taxable Pell Grant and raise the tuition tax de- year exceeds $50,000 ($100,000 in the case of a American families afford their chil- joint return), the amount which would (but dren’s college tuition. The bill we are duction much like the bill before us for this paragraph) be allowable as a credit reintroducing today, the Make College today. under this section shall be reduced (but not Affordable Act, will make up to $12,000 I join my friend from New York below zero) by the amount which bears the in college tuition tax deductible each today to introduce the Make College same ratio to the amount which would be so year, while providing graduates with a Affordable Act because it will allow allowable as such excess bears to $20,000 tax credit to reduce the cost of their most taxpayers to take up to a $12,000 ($40,000 in the case of a joint return). student loans. tax deduction each year for college tui- ‘‘(B) MODIFIED ADJUSTED GROSS INCOME.— tion and fees. For some families this The term ‘modified adjusted gross income’ With the average college graduate earning 80 percent more than the aver- would amount to a tax savings of more means adjusted gross income determined than $3,000 each year—$3,000 that can without regard to sections 911, 931, and 933. age non-college, high school graduate, go toward their children’s doctor vis- ‘‘(C) INFLATION ADJUSTMENT.—In the case it is abundantly clear that in today’s of any taxable year beginning after 2003, the economy a college degree is an abso- its, retirement savings, child care costs $50,000 and $100,000 amounts referred to in lute necessity. When I went to college, and yes, toward their annual mortgage subparagraph (A) shall be increased by an it cost about $1,000 a year. That meant, payment. In addition to the tax deduction, the amount equal to— for a family making about $12,000 a ‘‘(i) such dollar amount, multiplied by Schumer-Biden bill will provide a tax year, the cost of college was about 6 or ‘‘(ii) the cost-of-living adjustment deter- credit of up to $1,500 for the interest 7 percent of that family’s income. mined under section (1)(f)(3) for the calendar paid on student loans over the first five Today the average cost of room, board year in which the taxable year begins, by years of repayment. This credit will be substituting ‘2002’ for ‘1992’. and tuition at a four-year public col- available to individuals with incomes ‘‘(D) ROUNDING.—If any amount as adjusted lege has jumped to over $9,000 a year. of up to $50,000, and families with in- under subparagraph (C) is not a multiple of The average cost of room, board and $50, such amount shall be rounded to the comes up to $100,000. When one con- tuition at a private four-year college siders that the average graduate is nearest multiple of $50. has jumped to over $25,000. What does ‘‘(c) DEPENDENTS NOT ELIGIBLE FOR CRED- $16,928 in debt, you can imagine how IT.—No credit shall be allowed by this sec- this mean? This means that hard work- quickly interest payments add up each tion to an individual for the taxable year if ing American families are spending a year. a deduction under section 151 with respect to larger percentage of their income than We are hearing a great deal these such individual is allowed to another tax- ever before to send their children to days about tax cuts. How we choose to payer for the taxable year beginning in the school. To attend my alma mater, the calendar year in which such individual’s tax- provide them, and who we choose to University of Delaware, it costs nearly provide them to, is a reflection of our able year begins. 20 percent of a Delaware family’s aver- ‘‘(d) LIMIT ON PERIOD CREDIT ALLOWED.—A nation’s priorities and values. What credit shall be allowed under this section age annual income to cover costs. If greater priority could there be than only with respect to interest paid on any that same family wants to send their providing our children with a first qualified education loan during the first 60 child to a private university, approxi- class education. Let’s be smart about months (whether or not consecutive) in mately 50 percent of their income is re- our investments when considering the which interest payments are required. For quired. This means that the average tax proposals that come before us. purposes of this paragraph, any loan and all American family is likely to spend just Let’s help families provide their chil- refinancings of such loan shall be treated as as much, if not more, on their child’s 1 loan. dren with a better life through the ‘‘(e) DEFINITIONS.—For purposes of this sec- tuition as they are to pay in annual promise of a college education. And tion— mortgage payments. let’s not forget that the Make College ‘‘(1) QUALIFIED EDUCATION LOAN.—The term I have said it before. How can we ex- Affordable Act will not only ensure a ‘qualified education loan’ has the meaning pect families to dream of a better and brighter future for all our children, it given such term by section 221(e)(1). brighter future for their children, when will help to guarantee an educated and ‘‘(2) DEPENDENT.—The term ‘dependent’ has the cost of attending even some public prosperous America down the road. the meaning given such term by section 152. universities rivals their home mort- ‘‘(f) SPECIAL RULES.— gage payments? We can’t. By Mrs. FEINSTEIN (for herself, ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No credit shall be allowed under this section for any That is why in 1995, I first offered an Ms. COLLINS, Ms. LANDRIEU, Ms. amount taken into account for any deduc- amendment to permit a $10,000 tuition SNOWE, Mr. KENNEDY, Mr. tion under any other provision of this chap- tax deduction. That is why in 1996 and ALLEN, Mr. JOHNSON, Mr. DAY- ter. 1997, I introduced my GET AHEAD bill TON, and Mr. BUNNING):

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2209 S. 349. A bill to amend title II of the tional average. All in all, California fighters, and other public employees Social Security Act to repeal the Gov- has to hire 26,000 new teachers every who are so critical to the safety and ernment pension offset and windfall year. well-being of our families. elimination provisions; to the Com- To combat the growing teacher The government pension offset and mittee on Finance. shortage crisis, forty-five States and windfall elimination provisions affect Mrs. FEINSTEIN. Mr. President, I the District of Columbia now offer ‘‘al- government employees and retirees in rise today with my colleague, Senator ternate routes’’ for certification to virtually every State, but their effect COLLINS, to introduce legislation to re- teach in the Nation’s public schools. It is most acute in Maine and 14 other peal two provisions of current law that is a sad irony that policymakers are States where most public employees reduce earned Social Security benefits encouraging experienced people to are not covered by Social Security. Na- for teachers and other government pen- change careers and enter the teaching tionwide, more than one-third of teach- sioners—the Windfall Elimination, profession at the same time that indi- ers and school employees, and more WEP, provision, and the Government viduals who have worked in other ca- than one-fifth of other public employ- Pension Offset, GPO, provision. reers are less likely to want to become ees, are not covered by Social Security. Under current law, public employees, teachers if doing so will affect Social Approximately 250,000 retired Federal, whose salaries are often lower than Security benefits they worked so hard State and local government employees those in the private sector to begin to earn. across the country have already been with, find that they are penalized and Almost 300,000 government retirees adversely affected by these provisions. held to a different standard when it nationwide are affected by the GPO Thousands more stand to be affected in comes to retirement benefits. The un- and the WEP, but their impact is the future. fair reduction in their benefits makes greatest in the 13 states that chose to The Social Security windfall elimi- it more difficult to recruit teachers, keep their own public employee retire- nation provision reduces Social Secu- police officers, and fire fighters. ment systems, including California. rity benefits for retirees who paid into The Social Security Windfall Elimi- According to the Congressional Budget Social Security and who also receive a nation Provision reduces Social Secu- Office, the GPO reduces benefits for government pension from work not rity benefits for retirees who paid into some 200,000 individuals by more than covered under Social Security, such as Social Security and also receive a gov- $3,600 a year. The WEP causes already pensions from the Maine State Retire- ernment pension, such as from a teach- low-paid public employees outside the ment Fund. While private sector retir- er retirement fund. Private sector re- Social Security system, like teachers, ees receive monthly Social Security tirees receive monthly Social Security firefighters and police officers, to lose checks equal to 90 percent of their first checks equal to 90 percent of their first up to sixty percent of the Social Secu- $561 in average monthly career earn- $561 in average monthly career earn- rity benefits to which they are enti- ings, government pensioners are only ings, plus 32 percent of monthly earn- tled. Ironically, the loss of Social Secu- allowed to receive 40 percent—a harsh ings up to $3,381 and 15 percent of earn- rity benefits may make these individ- and unjust penalty of $280.50 per ings above $3,381. Government pen- uals eligible for more costly assistance, month. sioners, however, are only allowed to such as food stamps. The government pension offset re- receive 40 percent of the first $561 in The reforms that led to the GPO and duces an individual’s survivor benefit career monthly earnings, a penalty of the WEP are almost 20 years old. At under Social Security by two-thirds of $280.50 per month. the time they were enacted, I’m sure the amount of his or her public pen- To my mind it is simply unfair, espe- they seemed like a good idea. Now that sion. Estimates indicate that 9 out of cially at a time when we need to be we are witnessing the practical effects 10 public employees affected by the doing all we can to attract qualified of those reforms, I hope that Congress GPO lose their entire spousal benefit, people to government service, and my will pass legislation to address the un- even though their deceased spouses legislation will allow government pen- fair reduction of benefits that make it paid Social Security taxes for many sioners the chance to earn the same 90 even more difficult to recruit and re- years. percent to which non-government pen- tain public employees. This offset is, unfortunately, most sion recipients are entitled. Ms. COLLINS. Mr. President, I am harsh for those who can least afford The current Government Pension Off- pleased to join with my colleague from the loss: lower-income women. Accord- set provision reduces Social Security California, Senator FEINSTEIN, in intro- ing to the Congressional Budget Office, spousal benefits by an amount equal to ducing the Social Security Fairness the GPO reduces benefits for some two-thirds of the spouse’s public em- Act, which repeals two provisions of 200,000 individuals by more than $3,600 ployment civil service pension. This current law—the windfall elimination a year—an amount that can make the can have the effect of taking away, en- provision, WEP, and the government difference between a comfortable re- tirely, a spouse’s benefits from Social pension offset, GPO—that unfairly re- tirement and poverty. Security. duce earned Social Security benefits This simply is not fair and not right. It is beyond my understanding why for many public employees. This legis- Our teachers and other public employ- we would want to discourage people lation is of tremendous importance to ees face difficult enough challenges in from pursuing careers in public service Maine’s teachers, police officers, fire- their day-to-day work. Individuals who by essentially saying that if you do fighters and other public employees have devoted their lives to public serv- enter public service, your family will who currently are unfairly penalized ice should not have the added burden of suffer by not being able to receive the for working in the private sector when worrying about their retirement, and full retirement benefits they would the time comes for them to retire. these two onerous provisions should be otherwise be entitled to. Despite their challenging, difficult repealed. Record enrollments in public schools and sometimes dangerous jobs, these This is an issue that I have heard and the projected retirements of thou- invaluable public servants often re- about at the grocery store, at my sands of veteran teachers are driving ceive far lower salaries than private church, and even at my 30th high an urgent need for teacher recruit- sector employees. It is therefore doubly school class reunion from my many ment. Critical efforts to reduce class unfair to penalize them and hold them friends who have entered the teaching sizes also necessitate hiring additional to a different standard when it comes profession and who are committed to teachers. It is estimated that schools to their Social Security retirement living and working in Maine. They love will need to hire between 2.2 and 2.7 benefits. their jobs and the children they teach, million new teachers nationwide by Moreover, at a time when we should but they worry about the future and 2009. be doing all that we can to attract about their financial security in retire- California has 284,030 teachers cur- qualified people to public service, this ment. rently, but will need to hire an addi- unfair reduction in Social Security I also hear a lot about this issue in tional 300,000 teachers by 2010 to keep benefits makes it even more difficult my constituent mail. Patricia Dupont, up with California’s rate of student en- for our communities to recruit and re- for example, of Orland, ME, wrote that, rollment, which is three times the na- tain the teachers, police officers, fire- because she taught for 15 years under

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2210 CONGRESSIONAL RECORD — SENATE February 11, 2003 Social Security in New Hampshire, she clear and calm statement about fixing one-size-fits-all scheme is the answer is living on a retirement income of less one significant part of the system that runs counter to the factual experience than $13,000 after 45 years of teaching. is broken—skyrocketing insurance pre- of the States. Since she also lost survivors’ benefits miums for medical malpractice. Most importantly, the President’s from her husband’s Social Security, Our health care system is in crisis. proposal does nothing to protect true she calculates that a repeal of the WEP We have heard that statement so often victims of medical malpractice. A cap and GPO would double her current re- that it has begun to lose the force of of $250,000 would arbitrarily limit com- tirement income. its truth, but that truth is one we must pensation that the most seriously in- Wendy Lessard, an English teacher at confront and the crisis is one we must jured patients are able to receive. The Mt. Desert Island High School, is an abate. medical malpractice reform debate too example of another unfortunate con- Unfortunately, dramatically rising often ignores the men, women and chil- sequence of the laws. After 10 years of medical malpractice insurance rates dren whose lives have been dramati- teaching, she is now considering are forcing some doctors to abandon cally—and often permanently—altered whether or not to continue her career their practices or to cross State lines by medical errors. because of the Social Security pen- to find more affordable situations. Pa- The President’s proposal would pre- alties associated with her teacher’s tients who need care in high-risk spe- vent such individuals—even if they pension. She tells me that she has cialties—like obstetrics—and patients have successfully made their case in a worked vacations in her summers and in areas already under-served by health court of law—from receiving adequate off-hours to be able to make a better care providers—like many rural com- compensation. We are fortunate in this wage and pay back her student loans. munities—are too often left without Nation to have many highly qualified She is just the kind of teacher we want adequate care. medical professional, and this is espe- teaching our students, but is now con- We are the richest and most powerful cially true in my own home State of templating leaving the profession be- Nation on earth. We should be able to Vermont. Unfortunately, good doctors cause of her concerns about financial ensure access to quality health care to sometimes make errors. It is also un- security in retirement. all our citizens and to assure the med- fortunate that some not-so-good doc- Moreover, these provisions also pe- ical profession that its members will tors manage to make their way into nalize private sector employees who not be driven from their calling by the the health care system as well. While leave their jobs to become public manipulations of the malpractice in- we must do all that we can to support school teachers. Ruth Wilson, a teacher surance industry. the men and women who commit their from Otisfield, ME, wrote: The debate about the causes of this professional lives to caring for others, I entered the teaching profession two years latest insurance crisis and the possible we must also ensure that patients have ago, partly in response to the nationwide cures grows shrill. I hope today’s hear- access to adequate remedies should pleas for educators. As the current pool of ing will be a calmer and more construc- they receive inadequate care. educators near retirement in the next few tive discussion. My principal concerns High malpractice insurance pre- years, our schools face a crisis. Low wages are straightforward: That we ensure miums are not the result of mal- and long hard hours are not great selling that our Nation’s physicians are able practice lawsuit verdicts. They are the points to young students when selecting a to provide the high quality of medical career. result of investment decisions by the I love teaching and only regretted my deci- care that our citizens deserve and for insurance companies and of business sion when I found out about the penalties I which the United States is world-re- models geared toward ever-increasing will unfairly suffer. In my former life as a nowned, and that in those instances profits. But an insurer that has made a well-paid systems manager at State Street where a doctor does harm a patient, bad investment, or that has experi- Bank in Boston, I contributed the maximum that patient should be able to seek ap- enced the same disappointments from to Social Security each year. When I decided propriate redress through our court Wall Street that so many Americans to become an educator, I figured that be- system. have, should not be able to recoup its cause of my many years of maximum Social To be sure, different States have dif- Security contributions, I would still have a losses from the doctors it insures. The livable retirement ‘‘wage.’’ I was unaware ferent experiences with medical mal- insurance company should have to bear that I would be penalized as an educator in practice insurance, and insurance re- the burdens of its own business model, your State. mains a largely State-regulated indus- just as the other businesses in the Maine, like many States, is currently try. Each State should endeavor to de- economy do. facing a serious shortage of teachers, velop its own solution to rising medical But another fact of the insurance in- and we simply cannot afford to discour- malpractice insurance rates because dustry’s business model requires a leg- age people from pursuing important ca- each State has its own unique prob- islative correction—its blanket exemp- reers in public service in this way. I am lems. Some States—such as my own, tion from federal antitrust laws. Insur- therefore pleased to join Senator FEIN- Vermont—while experiencing prob- ers have for years—too many years— STEIN in introducing this legislation to lems, do not face as great a crisis as enjoyed a benefit that is novel in our repeal these two unfair provisions, and others. Vermont’s legislature is at marketplace. The McCarran-Ferguson I urge my colleagues to join us as co- work to find the right answers for our Act permits insurance companies to sponsors. State, and the same process is under- operate without being subject to most way now in other States. To contrast, of the Federal antitrust laws, and our By Mr. LEAHY (for himself, Mr. in States such as West Virginia, Penn- Nation’s physicians and their patients KENNEDY, Mr. DURBIN, Mr. sylvania, Florida, and New Jersey, doc- have been the worse off for it. Using EDWARDS, Mr. ROCKEFELLER, tors are walking out of work in protest their exemption, insurers can collude Mr. REID, Mrs. BOXER, Mr. over the exorbitant rates being ex- to set rates, resulting in higher pre- FEINGOLD, and Mr. CORZINE): tracted from them by their insurance miums than true competition would S. 352. A bill to ensure that commer- carriers. achieve—and because of this exemp- cial insurers cannot engage in price Thoughtful solutions to the situation tion, enforcement officials cannot in- fixing, bid rigging, or market alloca- will require creative thinking, a gen- vestigate any such collusion. If Con- tions to the detriment of competition uine effort to rectify the problem, and gress is serious about controlling rising and consumers; to the Committee on bipartisan consensus to achieve real re- premiums, we must objectively limit the Judiciary. form. Unfortunately, these are not the this broad exemption in the McCarran- Mr. LEAHY. Mr. President, today I characteristics of the Administration’s Ferguson Act. am pleased to introduce the ‘‘Medical proposal. Ignoring the central truth of That is why today I introduce the Malpractice Insurance Antitrust Act of this crisis—that it is a problem in the ‘‘Medical Malpractice Insurance Anti- 2003’’ along with Senators KENNEDY, insurance industry, not the tort sys- trust Act of 2003.’’ I want to thank Sen- DURBIN, EDWARDS, ROCKEFELLER, REID, tem—the Administration has proposed ators KENNEDY, DURBIN, EDWARDS, BOXER, FEINGOLD, and CORZINE. In the a plan that would cap non-economic ROCKFELLER, REID, BOXER, FEINGOLD, deafening debate about medical mal- damages at $250,000 in medical mal- and CORZINE for cosponsoring this es- practice, I believe this legislation is a practice cases. The notion that such a sential legislation. Our bill modified

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2211 the McCarran-Ferguson Act with re- tation Modeling and Analysis Program lieve we need to keep it that way. How- spect to medical malpractice insur- Establishment Act, or NATMAP for ever, we are starting to see signs of ance, and only for the most pernicious short. strain from the dramatic increase in antitrust offenses: price fixing, bid rig- The purpose of this bill is to author- traffic. For example, according to the ging, and market allocations. Only ize the Secretary of Transportation to Department of Transportation, from those anticompetitive practices that complete an advanced computer model 1980 to 2000, highway travel alone in- most certainly will affect premiums that will simulate, in a single inte- creased a whopping 80 percent. Between are addressed. I am hard pressed to grated system, traffic flows over every 1993 and 1997, the total tons of freight imagine that anyone could object to a major transportation mode, including activity grew by over 14 percent and prohibition on insurance carriers’ fix- highways, air traffic, railways, inland truck activity grew by 21 percent. In ing prices or dividing territories. After waterways, seaports, pipelines, and the future, truck travel is expected to all, the rest of our Nation’s industries other intermodal connections. The ad- grow by more than 3 percent per year— manage either to abide by these laws vanced model will simulate flows of nearly doubling by 2020. As a result of or pay the consequences. both passenger and freight traffic. the increased highway traffic, the oper- Many State insurance commissioners Our transportation network is a cen- ational performance, a measure of con- police the industry well within the tral component of our economy and gestion, has deteriorated dramatically. power they are accorded in their own fundamental to our freedom and qual- For example, FHWA estimates that a laws, and some States have antitrust ity of life. America’s mobility is the typical trip that would take 20 minutes laws of their own that could cover engine of our free market system. The in 1987 now takes over 30 minutes—a some anticompetitive activities in the food we eat, the clothes we wear, the dramatic 50 percent increase. insurance industry. Our legislation is a materials for our homes and offices, Meanwhile, the strong growth in for- scalpel, not a saw. It would not affect and the energy to heat our homes and eign trade is putting increased pressure regulation of insurance by State insur- power our businesses all come to us on ports, airports, and border cross- ance commissioners and other State over the Nation’s vast transportation ings, as well as contributing to conges- regulators. But there is no reason to network. Originating with a producer tion throughout the transportation continue a system in which the Federal in one region, materials and products network. According to DoT, U.S. inter- enforcers are precluded from pros- may travel via any number of combina- national trade more than doubled be- ecuting the most harmful antitrust tions of truck, rail, airplane, and barge tween 1990 and 2000, rising from $891 violations just because they are com- before reaching their final destina- billion to $2.2 trillion. mitted by insurance companies. tions. Congestion and delay inevitably re- Today, the Internet connects the Our legislation is a carefully tailored sult when traffic rates approach the ca- world electronically. But it is our solution to one critical aspect of the pacity of a system to handle that traf- transportation network that provides problem of excessive medical mal- fic. I do believe increased congestion in the vital links for the movement of practice insurance rates. I hope that our transportation system is a growing both people and goods domestically and quick action by the Judiciary Com- threat to the nation’s economy. Delays around the world. According to the lat- mittee and then by the full Senate, will in any part of the vast network lead to est statistics, our transportation in- ensure that this important step on the economic costs, wasted fuel, increased dustry carries over 11 billion tons of road to genuine reform is taken before pollution, and a reduced quality of life. freight per year worth about $7 trillion. too much more damage is done to the Moreover, in the future new security Of the 3.7 trillion ton-miles of freight physicians of this country and to the measures could also increase delays carried in 1998, 1.4 trillion went by rail, patients they care for. and disruptions in the flow of goods 1 trillion by truck, 673 billion by do- Only professional baseball has en- through our international gateways. joyed an antitrust exemption com- mestic water transportation, 620 billion To deal with the ever-increasing parable to that created for the insur- by pipeline, and 14 billion by air car- loading of our transportation network ance industry by the McCarran-Fer- rier. we will need to find ways to improve guson Act. Senator HATCH and I have Individuals also depend on our trans- system efficiency as well as to expand joined forces several times in recent portation system—be it passenger rail, some critical elements of the system. years to scale back that exemption for commercial airline, intercity bus, or However, in planning for any improve- baseball, and in the Curt Flood Act of the family car—for business travel or ments, we must examine the impact on 1998 we successfully eliminated the ex- simply to enjoy a family vacation. Ex- the whole transportation system that emption as it applied to employment cluding public transit, passengers on would result from a change in one part relations. I hope we can work together our highways traveled a total of 4.2 of the system That’s exactly the goal again to create more competition in trillion passenger-miles in 1998. Air- of the bill I am introducing today. the insurance industry, just as we did lines carried another 463 billion pas- with baseball. senger-miles. Transit companies and By simulating the Nation’s entire If Congress is serious about control- rail lines carried 50 billion. transportation infrastructure as a sin- ling rising medical malpractice insur- We are also interconnected to the gle, integrated system, the National ance premiums, then we must limit the world’s transportation system, and, as Transportation Analysis and Modeling broad exemption to Federal antitrust I am sure every Senator well knows, Program will allow policy makers at law and promote real competition in foreign trade is an increasingly critical the State, regional, and national levels the insurance industry. component of our economy. Our Na- to evaluate the implications of new tion’s seaports, international airports, transportation policies and actions. To By Mr. BINGAMAN: and border crossing with Canada and ensure that all possible interrelated S. 354. A bill to authorize the Sec- Mexico are the gateways through impacts are included, the model must retary of Transportation to establish which passengers and cargo flow be- simulate individual carriers and the the National Transportation Modeling tween America and the rest of the transportation infrastructure used by and Analysis Program to complete an world. The smooth flow of trade, both each of the carriers in an inter- advanced transportation simulation imports and exports, would not be pos- dependent and dynamic system. The model, and for other purposes; to the sible without a robust transportation advantage of this simulation of indi- Committee on Environment and Public network and the direct links it pro- vidual carriers and shipments is that Works. vides to our international ports of the nation’s transportation system can Mr. BINGAMAN. Mr. President, I rise entry. be examined at any level of detail— today to introduce legislation that I It should be clear that key to our from the path of an individual truck to believe will go a long way in helping to continuing economic strength is a national multi-modal traffic flows. reduce congestion and improve safety transportation system that is safe, se- Some of the transportation planning and security throughout the Nation’s cure and efficient. Today, we are fortu- issues that could be addressed with transportation network. Today I am nate to have one of the best transpor- NATMAP include: What infrastructure introducing the National Transpor- tation networks in the world, and I be- improvements result in the greatest

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2212 CONGRESSIONAL RECORD — SENATE February 11, 2003 gains to overall system security and ef- lion from the Highway Trust Fund for (3) relates traffic flows to issues of eco- ficiency? How would the network re- this effort. When completed, NATMAP nomics, the environment, national security, spond to shifts in population or trade will provide the nation a tool to help energy, and safety; flows? How would the system respond formulate and analyze critical trans- (4) analyzes the effect on the United States transportation system of Mexican and Cana- to major disruptions caused by a nat- portation policy and investment op- dian trucks operating in the United States; ural disaster or another unthinkable tions, including major infrastructure and terrorist attack? What effect would requirements and vulnerabilities with- (5) examines the effects of various security system delays due to increased secu- in that infrastructure. procedures and regulations on cargo flow at rity measures have on traffic flow and Congress will soon take up the reau- ports of entry. congestion? thorization of TEA–21, the six-year SEC. 5. ELIGIBLE ACTIVITIES. Preliminary work on an advanced transportation bill. I am introducing Under the Program, the Secretary shall— transportation model has been under- this bill today so my proposal can be (1) complete the advanced model; way for several years at Los Alamos fully considered by the Senate’s Envi- (2) develop user-friendly advanced trans- National Laboratory. As I’m sure most portation modeling computer software and ronment and Public Works Committee graphics packages; senators know, Los Alamos has a long and by the Administration as the next (3) provide training and technical assist- and impressive history in computer authorization bill is being developed. I ance with respect to the implementation and simulations of complex systems, in- look forward to working with Senator application of the advanced model to Federal cluding the recent completion of the INHOFE, the Chairman of the EPW Com- agencies and to States for use in national, TRANSIMS model of transportation mittee, and Senator JEFFORDS, the regional, or statewide transportation plan- systems in metropolitan areas. The de- ranking member, as well as Senator ning; and (4) allocate funds to not more than 3 enti- velopment of TRANSIMS for FHWA BOND, the Chairman of the Transpor- was originally authorized in section ties described in paragraph (3), representing tation, Infrastructure, and Nuclear diverse applications and geographic regions, 1210 of TEA–21. NATMAP builds on the Safety Subcommittee and Senator to carry out pilot programs to demonstrate original work at LANL on the REID, the ranking member, to incor- use of the advanced model for national, re- TRANSIMS model. porate this bill in the reauthorization gional, or statewide transportation planning. The initial work at LANL on of TEA–21. SEC. 6. FUNDING. NATMAP, funded in part by DoT, DoD, I ask unanimous consent that the (a) IN GENERAL.—There are authorized to and the lab’s own internal research and text of the bill be printed in the be appropriated from the Highway Trust development program, demonstrated RECORD. Fund (other than the Mass Transit Account) the technical feasibility of building a There being no objection, the mate- to carry out this Act— nation-wide freight transportation rial was ordered to be printed in the (1) $6,000,000 for fiscal year 2004; model that can simulate the movement (2) $7,000,000 for fiscal year 2005; RECORD, as follows: (3) $9,000,000 for fiscal year 2006; of millions of trucks across the na- S. 354 (4) $10,000,000 for fiscal year 2007; tion’s highway system. During this ini- Be it enacted by the Senate and House of Rep- (5) $10,000,000 for fiscal year 2008; and tial development phase, the model was resentatives of the United States of America in (6) $8,000,000 for fiscal year 2009. called the National Transportation Congress assembled, (b) ALLOCATION OF FUNDS.— Network and Analysis Capability, or SECTION 1. SHORT TITLE. (1) FISCAL YEARS 2004 AND 2005.—For each of NTNAC for short. In 2001, with funding This Act may be cited as the ‘‘National fiscal years 2004 and 2005, 100 percent of the from the Federal Highway Administra- Transportation Modeling and Analysis Pro- funds made available under subsection (a) tion, LANL further developed the gram Establishment Act’’. shall be used to carry out activities de- scribed in paragraphs (1), (2), and (3) of sec- SEC. 2. DEFINITIONS. model and completed an assessment of tion 5. In this Act: cargo flows resulting from trade be- (2) FISCAL YEARS 2006 THROUGH 2009.—For (1) ADVANCED MODEL.—The term ‘‘advanced tween the U.S. and Latin America. each of fiscal years 2006 through 2009, not model’’ means the advanced transportation These preliminary studies have clear- more than 50 percent of the funds made simulation model developed under the Na- ly demonstrated the value to the na- available under subsection (a) may be used tional Transportation Network and Analysis to carry out activities described in section tion of a new comprehensive modeling Capability Program. 5(4). system. I do believe that the computer (2) PROGRAM.—The term ‘‘Program’’ means (c) CONTRACT AUTHORITY.—Funds author- model represents a leap ahead in trans- the National Transportation Modeling and ized under this section shall be available for portation modeling and analysis capa- Analysis Program established under section obligation in the same manner as if the 3. bility. Indeed, Secretary of Transpor- funds were apportioned under chapter 1 of (3) SECRETARY.—The term ‘‘Secretary’’ tation Norm Mineta, in a letter to me title 23, United States Code, except that the means the Secretary of Transportation. dated April 9 of this year, had this to Federal share of the cost of— say about the early simulations: ‘‘The SEC. 3. ESTABLISHMENT OF PROGRAM. (1) any activity described in paragraph (1), DOT agrees that NTNAC shows great The Secretary of Transportation shall es- (2), or (3) of section 5 shall be 100 percent; tablish a program, to be known as the ‘‘Na- promise of producing a tool that would and tional Transportation Modeling and Analysis (2) any activity described in section 5(4) be useful for analyzing the national Program’’— transportation system as a single, inte- shall not exceed 80 percent. (1) to complete the advanced model; and (d) AVAILABILITY OF FUNDS.—Funds made grated system. We agree that NTNAC (2) to support early deployment of com- available under this section shall be avail- would provide DOT with important new puter software and graphics packages for the able to the Secretary through the Transpor- capabilities to assess and formulate advanced model to agencies of the Federal tation Planning, Research, and Development critical policy and investment options Government and to States for national, re- Account of the Office of the Secretary of and to help address homeland security gional, or statewide transportation planning. Transportation. and vulnerabilities in the nation’s SEC. 4. SCOPE OF PROGRAM. transportation network.’’ The Program shall provide for a simulation THE SECRETARY OF TRANSPORTATION, I ask unanimous consent that a copy of the national transportation infrastructure Washington, DC., April 9, 2002. as a single, integrated system that— Hon. JEFF BINGAMAN, of Secretary Mineta’s letter be printed (1) incorporates models of— U.S. Senate, in the RECORD. (A) each major transportation mode, in- Washington, DC. The bill I am introducing today es- cluding— DEAR JEFF: Thank you for your letter of tablishes a six-year program in the Of- (i) highways; January 30 expressing your strong support to fice of the Secretary of Transportation (ii) air traffic; continue the development of the National to complete the development of the ad- (iii) railways; Transportation Network Analysis Capability vanced transportation simulation (iv) inland waterways; (NTNAC). The U.S. Department of Transpor- model. The program will also support (v) seaports; tation’s (DOT) Office of Policy and the Fed- early deployment of computer software (vi) pipelines; and eral Highway Administration (FHWA) have (vii) other intermodal connections; and been working closely with Los Alamos Na- and graphics packages to federal agen- (B) passenger traffic and freight traffic; tional Laboratory to develop this tool. cies and states for national, regional, (2) is resolved to the level of individual During 1998, Los Alamos National Labora- or statewide transportation planning. transportation vehicles, including trucks, tory developed a prototype NTNAC with The bill authorizes a total of $50 mil- trains, vessels, and aircraft; funding provided by the DOT ($50,000 from

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2213 the Office of the Secretary’s Transportation to include electricity produced from balance between using our resources Policy Development Office), the U.S. Depart- municipal solid waste; to the Com- for energy and preserving our environ- ment of Defense (TRANSCOM’s Military mittee on Finance. ment for future generations. I was Transportation Management Command), and pleased with the Senate version of the the Laboratory’s own internal research and By Mrs. LINCOLN: Energy Policy Act of 2002, and was dis- development program. This effort dem- S. 360. A bill to amend the Internal onstrated the technical feasibility of build- appointed that conferees were unable ing a national transportation network that Revenue Code of 1986 to treat natural to iron out differences with the House can simulate the movements of individual gas distribution lines as 10-year prop- of Representatives before adjournment. carriers (trucks, trains, planes, water ves- erty for depreciation purposes; to the We must make energy independence a sels, and pipelines) and individual freight Committee on Finance national priority because it is now es- shippers. sential to our homeland security. During 1999, FHWA provided $750,000 to fur- By Mrs. LINCOLN (for herself, Looking ahead, I will continue my ther develop NTNAC and to complete the Mr. ALLARD, Mr. GRASSLEY, Mr. work to build a cohesive national en- study ‘‘National Transportation Impact of HARKIN, Ms. STABENOW, Mr. Latin American Trade Flows.’’ ergy policy that ultimately reduces our HAGEL, Mr. LEVIN, and Mr. The DOT agrees that NTNAC shows great dependence on foreign oil. To accom- promise of producing a tool that would be DEWINE): plish this goal, we must provide access useful for analyzing the national transpor- S. 361. A bill to amend the Internal to more resources, transmit these re- tation system as a single, integrated system. Revenue Code of 1986 to allow for an sources to the consumer, and encour- We agree that NTNAC would provide DOT energy efficient appliance credit; to age industrial and individual con- with important new capabilities to assess the Committee on Finance. sumers to use more renewable energy and formulate critical policy and investment Mrs. LINCOLN. Mr. President, I rise options and to help address homeland secu- sources. These important steps will today to introduce my package of al- lead to greater reliability and lower rity and vulnerabilities in the Nation’s ternative energy and energy efficiency transportation network. energy costs for consumers. However, the Department’s budget is very bills. These bills all work in concert to- We should all work again in the 108th limited. It would be difficult to find funding ward a single goal—promoting the use Congress to adopt a comprehensive en- to continue the project this year. If funding of cleaner, renewable energy for this ergy plan that sets America on the should become available, we will give pri- nation. road to energy independence and ority consideration to continuing the For several decades, the U.S. has re- assures consumers of a reliable and af- NTNAC development effort. lied on foreign sources of energy sup- Again, I very much appreciate your fordable energy supply. ply. Worldwide demand for energy has The legislation I am introducing thoughts on the importance of continuing continued to increase, while our do- the development of NTNAC. If I can provide today will encourage production of bio- further information or assistance, please fell mestic resource base has decreased, diesel and its use in this country; to free to call me. leaving the country vulnerable in the promote the manufacture of energy ef- Sincerely yours, event of foreign supply disruptions. ficient home appliances; to encourage NORMAL Y. MINETA. This year, the U.S. will import 60 per- the use of fuels produced from animal cent of its crude oil needs this year. and agricultural wastes; to encourage By Mrs. LINCOLN (for herself, The events of September 11th have fo- the use of our waste sources such as Mr. GRASSLEY, Mr. HAGEL, Mr. cused attention on the need to develop landfill gas and municipal solid waste DAYTON, Mr. DURBIN, Mr. HAR- a new energy policy that focuses on to produce energy; and to spur the in- KIN, Mr. COLEMAN and Mr. creating new domestic sources. Our Na- vestment in delivering fuels to rural JOHNSON): tion needs to explore and develop all America. These incentives for produc- S. 355. A bill to amend the Internal possible domestic options as resources tion and use of clean and renewable Revenue Code of 1986 to allow a credit for our energy supply. To reduce our fuels can help bridge the investment for biodiesel fuel; to the Committee on dependence on foreign imports, it is cost gap between production of petro- Finance. imperative that policy makers create leum and renewable energy. incentives to promote technologies By Mrs. LINCOLN (for herself, Each of these bills were either in- that can produce quality alternative cluded or debated in the Senate during Mr. BOND, and Mr. TALENT): products. Our national security de- last year’s Senate consideration and S. 356. A bill to amend the Energy mands that the government undertake Policy Act of 1992 to increase the al- passage of the energy bill. I look for- programs which assure the implemen- ward to their inclusion in the debate lowable credit for biodiesel use under tation of real alternative fuel tech- the alternatively fueled vehicle pur- and inclusion in any energy bill to be nologies. passed by the Senate during the 108th chase requirement; to the Committee It is in the best security interests of on energy and Natural Resources. Congress. our Nation to reduce our reliance on The first bill I am introducing today By Mrs. LINCOLN (for herself, foreign energy suppliers. We can no is the Biodiesel Promotion Act of 2003. longer afford to be subject to the Mr. HAGEL, Mr. KERRY, and Mr. I am pleased to be joined in intro- whims and manipulations of foreign SMITH): ducing this bill by Senators GRASSLEY, S. 357. A bill to amend the Internal cartels like OPEC. Added to these HAGEL, DAYTON, HARKIN, DURBIN, COLE- Revenue Code of 1986 to modify the threats posed by OPEC and the insta- MAN, and JOHNSON. This legislation will credit for the production of fuel from bility of the Middle East are the even provide tax incentives for the produc- nonconventional sources to include more sinister possibilities that we face tion of biodiesel from agricultural oils, production of fuel from agricultural in other parts of the world. Develop- recycled oils, and animal fats and will and animal waste; to the Committee on ments in many regions of the world ensure that biodiesel becomes a central Finance. where much of today’s energy supplies component of this nation’s automobile are obtained—West Africa, the Caspian fuel market. By Mrs. LINCOLN: Sea, Indonesia, Venezuela, and so This legislation is identical to lan- S. 358. A bill to amend the Internal forth—clearly serve notice that our Na- guage authored by myself and Senator Revenue Code of 1986 to modify the tion cannot continue to depend on GRASSLEY included in the last credit for the production of fuel from these areas for our future energy needs. Congress’s Energy Bill. It is intended nonconventional sources for the pro- These events make it more pressing to be a starting point for our debate duction of electricity to include land- than ever that we proceed forward with and discussion as we draft an energy fill gas; to the Committee on Finance. the development of our own domestic bill for consideration in this Congress. alternative energy resources. This legislation will provide a partial By Mrs. LINCOLN (for herself In the last Congress, both the House exemption from the diesel excise tax and Mr. AKAKA): and the Senate passed comprehensive for diesel blended with biodiesel. Spe- S. 359. A bill to amend the Internal energy bills that would have brought cifically, the bill provides a one-cent Revenue Code of 1986 to modify the us closer to these goals. In the Senate reduction for every percent of biodiesel credit for the production of electricity bill, we were able to strike a delicate from virgin agricultural oils blended

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2214 CONGRESSIONAL RECORD — SENATE February 11, 2003 with diesel up to 20 percent. The legis- been made in increasing the numbers of eous or solid synthetic fuel from coal, lation will also provide a half-cent re- alternative fuel vehicles, AFV, in the including coke and coke by-products; duction for every percent of biodiesel national vehicle fleet and the use of al- gas from biomass, including wood; from recycled agricultural oils or ani- ternative fuels’’ as compared to con- steam from solid agricultural by-prod- mal fats. ventional vehicles and fuels. ucts; and processed solid wood fuels. Also importantly, in the year that we We did not meet the original EPACT Other biomass by-products, such as are to reauthorize the Transportation goals of replacing 10 percent of petro- agricultural and animal oils and solids, Enhancement Act of 1996, the bill pro- leum-based fuels by 2000. Today we are also should qualify the same as liquid vides for reimbursing the Highway not on track to meet the goal of 30 per- or gaseous synthetic fuels derived from Trust Fund from the USDA Commodity cent by the year 2010. In fact, we coal. Credit Corporation, CCC. This proce- haven’t even come close, and that’s New technological advances have dure will protect the Trust Fund from partly a result of not allowing all al- been developed which will convert lost revenues due to the biodiesel in- ternative fuels to be used to meet the these biomass wastes efficiently to al- centive while providing a much-needed EPACT alternative fuel mandates. ternative fuels. The most readily avail- boost to our nation’s biodiesel indus- This legislation will significantly in- able of these wastes are agricultural try. The cost to the CCC would be off- crease the use of alternative fuels by and animal wastes, municipal wastes, set at least initially by the savings allowing EPACT covered fleets to meet plastics, used tires, and forest product under the marketing loan program. up to 100 percent of the EPACT pur- wastes. This production incentive op- Biodiesel, which can be made from chase requirements through the use of portunity would provide significant just about any agricultural oil includ- biodiesel. Currently, covered fleets can new annual quantities of alternative ing oils from soybeans, cottonseed, or only meet up to 50 percent of purchase fuel to replace foreign imported oil and rice, is completely renewable, contains requirements with biodiesel. should be considered a government in- no petroleum, and can be easily blend- By offering an additional option for vestment in the nation’s future. ed with petroleum diesel. A biodiesel- the use of alternative fuels, we will If these incentives are implemented, diesel blend typically contains up to 20 widen the possibilities for these fuels large marketable quantities of quality percent renewable content. It can be to be made more widely available. alternative fuel products can be pro- added directly into the gas tank of a Fleets will continue to have the option duced as a replacement for foreign im- compression-ignition, diesel engine ve- to choose the complying vehicles and ported oil. These processes can achieve hicle with no major modifications. Bio- fuels that best meet their needs. This the desired results in an environ- diesel is completely biodegradable and legislation is not expected to affect mentally positive way that essentially non-toxic, contains no sulfur, and it is fleets that are currently using ethanol converts all wastes to products and the first and only alternative fuel to or natural gas. But this legislation provides an answer for waste disposal meet EPA’s Tier I and II health effects does provide a further option for alter- problems. To achieve these results, fi- testing standards. Biodiesel also stands native fuel vehicles. Furthermore, it nancial incentives need be provided ready to help us reach the EPA’s new does not directly displace natural gas from the government. Section 29 rule to reduce the sulfur content of or ethanol sales, since biodiesel is used should be extended to include alter- highway diesel fuel by over 95 percent. in medium- and heavy-duty trucks native fuels produced from all biomass Even after years of research and mar- rather than light-duty vehicles. wastes and I encourage all of my col- ket development, biodiesel is not yet By allowing fleets to meet 100 per- leagues to join us in supporting this cost-competitive with petroleum die- cent of their AFV requirement by legislation. sel. In order to be so, market support using biodiesel, we’ll take a positive The fourth bill I am introducing and tax incentives are needed. I believe step toward moving this country away today is the Capturing Landfill Gas for the provisions provided in this bill will from dependence on petroleum-based Energy Act of 2003. This legislation help in leveling the field for biodiesel motor fuels and toward alternative will provide a credit under either Sec- blends and help jumpstart this new in- motor fuels. I urge all of my colleagues tion 29 or Section 45 of the tax code for dustry. to support this legislation. the production of energy from landfill The time is right for this investment. The third bill I introduce today as gas, LFG. It is designed to encourage It is right for our rural economy, for part of my energy independence pack- additional collection and productive our environment, and for our national age is the Animal and Agricultural use of methane gas generated by gar- energy security and I encourage my Waste Renewable Energy Production bage decomposing in America’s land- colleagues to join us in supporting the Act of 2003. I am pleased to be joined fills. LFG is a renewable fuel that can Biodiesel Promotion Act of 2003. today by Senators HAGEL, BOND, and be used directly as an energy source for The second component of my package KERRY in introducing this legislation. heating, as a clean burning vehicle is the EPACT Alternative Fuel Flexi- This legislation would provide a cred- fuel, as a hydrogen source for fuel cells. bility Act of 2003. I am pleased to be it under Section 29 of the tax code for Furthermore, it can power generators joined today by Senators BOND and the production of fuels from animal to produce electricity. TALENT in introducing this legislation. and agricultural wastes. Congress recognized the importance The purpose of this legislation is to Thanks to new technological devel- of LFG for energy diversity and na- place biodiesel fuel on equal footing opments, we can now produce signifi- tional security by providing such a with every other alternative motor fuel cant quantities of alternative fuels credit in 1980 and extending it for near- used in this nation. from agricultural and animal wastes in ly two decades. With today’s critical The Energy Policy Act of 1992, an environmentally friendly manner. energy needs and emphasis on distrib- EPACT, set a national objective to Production incentives are needed to as- uted generation, this incentive makes shift the focus of national energy de- sure implementation and commer- more sense than ever. Most of the 360 mand away from imported oil toward cialization of this new generation of LFG projects that currently are oper- renewable and domestically produced technology. ating were made economically feasible energy sources. When EPACT was Section 29 was originally enacted to by the ‘‘non-conventional-source fuel’’ passed in 1992, it recognized ethanol, provide an incentive to produce alter- production tax credit under Section 29 natural gas, propane, electricity, and native and hard-to-reach fuels that of the tax code. methanol as alternative fuels. The could compete with fossil fuels and But since June 30, 1998, that credit to original list of alternative fuels did not hopefully reduce the nation’s depend- encourage construction of new LFG include biodiesel because the tech- ence on foreign oil. As originally en- projects has been unavailable, and few nology had not been fully developed. acted, a number of ‘‘non-conventional have been constructed since that date. EPACT set a goal to replace 10 per- fuels’’ were eligible for the credit, in- The U.S. Environmental Protection cent of petroleum-based fuels by 2000 cluding the following: oil from shale; Agency estimates that 600–700 more and 30 percent by the year 2010. How- oil from tar sands; natural gas from LFG projects could be constructed na- ever, a GAO report issued in July of geo-pressured brine, coal seams, Devo- tionwide if there were sufficient eco- 2001 noted that ‘‘limited progress has nian shale, or tight sands; liquid, gas- nomic incentives in place to foster

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2215 their development. With such incen- sioners, the Business Council for Sus- Tax incentives are essential to accel- tives, it is likely that about 55 new tainable Energy, the U.S. Chamber of erate the production and market pene- projects would be brought on line each Commerce, and the International tration of leading-edge appliance tech- year. Just one medium-sized project Brotherhood of Boilermakers. nologies that create significant envi- could provide three megawatts of elec- Arkansas stands with other environ- ronmental benefits. The need for super trical power capacity—enough to meet mentally conscious States in under- energy-efficient appliances is greater the electricity needs of 3,000 homes standing that waste-to-energy tech- this year than at any time in the past each year. nology saves valuable land and signifi- 20 years. Over the life of the appli- In addition to the value of LFG as an cantly reduces the amount of green- ances, over 200 trillion BTUs of energy important contribution to our overall house gases that would have been re- will be saved. This is the equivalent of energy strategy, there are compelling leased into our atmosphere without its taking 2.3 million cars off the road or environmental reasons to encourage operation. The volume of waste is re- making available for other uses the en- these projects. Uncontrolled landfill duced by greater than 90 percent in a ergy of six coal-fired power plants for a gas can create fire hazards and odors waste-to-energy facility, and EPA has year. and can impair air quality. The meth- confirmed that more than 33 million In addition, the clothes washers will ane in landfill gas is 21 times more po- tons of greenhouse gases are avoided reduce the amount of water necessary tent than carbon dioxide as a green- annually by the combustion of munic- to wash clothes by 870 billion gallons, house gas. Even the large landfills that ipal solid waste. Municipal solid waste an amount equal to the needs of every are required under the Clean Air Act to is a sustainable source of clean, renew- household in a city the size of Phoenix, collect their gas and control non-meth- able energy. Arizona for two years. The water sav- ane organic compounds often find it Local governments spent about $1 ings attributable to these new tech- more economic to simply flare or oth- billion over the past five years on air nology machines is not based on some erwise waste the gas rather than use pollution control equipment to comply computer generated model but an ac- the methane. Some smaller landfills with EPA’s Maximum Achievable Con- tual case study that gathered data in are not required to collect the gas, and trol Technology, MACT, standards re- the small community of Bern, KS by may continue to emit it for decades quired under the Clean Air Act. These the Dept. of Energy’s esteemed Oak under the Clean Air Act. Thus, LFG retrofits have made waste-to-energy Ridge National Laboratory in 1998. projects not only reduce local and re- one of the cleanest power generators in The Association of Home Appliance gional air pollution while yielding a re- the country. In June, EPA announced Manufacturers estimates these super newable source of energy, they can also that these facilities have shown ‘‘out- energy-efficient appliances could save reduce the country’s yearly emissions standing performance’’ resulting in the average family $100 per year—or of greenhouse gases by a very substan- ‘‘dramatic decreases’’ in emissions, re- $1,400 per family over the lifetime of tial amount at a relatively small cost. sulting in reductions of mercury emis- the appliance. This legislation will cre- Unfortunately, the potential energy sions of more than 95 percent from a ate the incentives necessary to in- and environmental benefits of future decade ago. Communities with waste- crease the production and sale of these LFG projects are substantial, but they to-energy facilities recycle 33 percent super energy-efficient appliances in the will be lost without adequate LFG tax of their trash, on average, and histori- short term while passing along energy provisions to support project develop- cally have more successful recycling savings to the American consumer. ment. On average, the total capital programs than cities without waste-to- As a DOE analysis indicates, high ef- cost of constructing an LFG-fueled energy plants. ficiency washers and refrigerators are electricity generating project is about We must sustain a level marketplace significantly more expensive to manu- $1 million per megawatt, and the an- to achieve energy diversity and eco- facture than those that simply meet nual operating and maintenance costs nomic growth. I believe this Senate existing federal standards. Further, average another $150,000 per megawatt. should pass tax legislation that in- market surveys of consumers indicate The average capital cost of a new di- cludes production tax credits to spur that they are generally not willing to rect use fuel production and delivery energy generation, and I encourage all pay more for high efficiency appli- project is about $2.5 million, with an- of my colleagues to join us and support ances, even when it can be dem- nual operation and maintenance costs this legislation. onstrated that high efficiency appli- of about $350,000. The sixth bill I introduce today is the ances will generate greater savings in My bill proposes sufficient, yet sen- Resource Efficient Appliance Incen- utility costs over time. The tax credit sible, tax incentives to encourage these tives Act of 2003. I am pleased to be will provide an incentive for manufac- large investments, and I urge my col- joined in introducing this bill by Sen- turers to develop a greater selection of leagues to join me and support LFG ators ALLARD, GRASSLEY, HARKIN, STA- super efficient models that will appeal tax credits. BENOW, HAGEL, LEVIN, and DEWINE. to consumers at all price points. In ad- Today I am also pleased to be joined This legislation will provide a tax dition, to assure increased sales of by Senator AKAKA in introducing the credit for the production of super en- these appliances, manufacturers will be fifth component of my energy pack- ergy-efficient clothes washers and re- encouraged to redirect their marketing age—the Waste to Energy Utilization frigerators if those appliances exceed and advertising resources toward the Act of 2003. This legislation will pro- new Federal energy efficiency stand- high efficiency models. Enactment of vide a credit under Section 45 of the ards. The tax credit would only be this legislation will bring immediate, tax code for new waste-to-energy facili- available for five years and would be significant, and lasting environmental ties or new generating units at existing capped for each manufacturer. benefits to the nation, and I encourage facilities. Such a tax credit encourages In 2001, the Department of Energy all of my colleagues to join us in sup- clean renewable electricity and pro- issued new energy efficiency standards porting in this effort. motes energy diversity, while helping for clothes washers. This agreement ac- The final bill I am introducing today cities meet the challenge of trash dis- companies rules for higher efficiency is the Gas Distribution Infrastructure posal. refrigerators issued by the department Investment Act of 2003. This legislation Nearly 2000 communities nationwide two years ago. The new rules are sig- will amend the Internal Revenue Code rely on waste-to-energy facilities to nificant because clothes washers, to modify the depreciation of natural safely dispose of trash and generate clothes dryers, and refrigerators ac- gas pipelines, equipment, and infra- clean, renewable energy that meets the count for approximately 15 percent of structure assets from 20 to 10 years. power need of more than two and a half all household energy consumed in the America’s demand for energy is ex- million homes. The U.S. Conference of U.S. annually. The tax incentives con- pected to grow by 32 percent during the Mayors has repeatedly urged Congress tained in this legislation are con- next 20 years. Consumer demand for to include provisions that promote structed to encourage manufacturers natural gas will grow at almost twice waste-to-energy in tax legislation and not only to exceed these new efficiency that rate, due to its economic, environ- they are joined by the National Asso- requirements, but to exceed them by mental, and operational benefits. That ciation of Regulatory Utility Commis- up to 35 percent. level of natural gas use is almost 60

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2216 CONGRESSIONAL RECORD — SENATE February 11, 2003 percent greater than the highest re- ‘‘(2) QUALIFIED BIODIESEL MIXTURE.— ‘‘(5) PASS-THRU IN THE CASE OF ESTATES AND corded level. To satisfy this projected ‘‘(A) IN GENERAL.—The term ‘qualified bio- TRUSTS.—Under regulations prescribed by demand, we must substantially expand diesel mixture’ means a mixture of diesel the Secretary, rules similar to the rules of our existing gas infrastructure. This is and biodiesel V or biodiesel NV which— subsection (d) of section 52 shall apply. ‘‘(i) is sold by the taxpayer producing such ‘‘(e) ELECTION TO HAVE BIODIESEL FUELS especially true with respect to the de- mixture to any person for use as a fuel, or CREDIT NOT APPLY.— livery sector. Higher capacity utiliza- ‘‘(ii) is used as a fuel by the taxpayer pro- ‘‘(1) IN GENERAL.—A taxpayer may elect to tion of existing infrastructure will ducing such mixture. have this section not apply for any taxable meet some of this increased demand, ‘‘(B) SALE OR USE MUST BE IN TRADE OR year. but the delivery sector still will re- BUSINESS, ETC.— ‘‘(2) TIME FOR MAKING ELECTION.—An elec- quire capital investments of at least ‘‘(i) IN GENERAL.—Biodiesel V or biodiesel tion under paragraph (1) for any taxable year $123 billion for infrastructure enhance- NV used in the production of a qualified bio- may be made (or revoked) at any time before the expiration of the 3-year period beginning ment and additions. diesel mixture shall be taken into account— ‘‘(I) only if the sale or use described in sub- on the last date prescribed by law for filing Shrinking the lifetime over which an paragraph (A) is in a trade or business of the the return for such taxable year (determined asset is depreciated does not change taxpayer, and without regard to extensions). the amount of expense a company is al- ‘‘(II) for the taxable year in which such ‘‘(3) MANNER OF MAKING ELECTION.—An lowed to claim over the asset’s useful sale or use occurs. election under paragraph (1) (or revocation life, but simply shortens the expensing ‘‘(ii) CERTIFICATION FOR BIODIESEL V.—Bio- thereof) shall be made in such manner as the period for tax purposes. This shortened diesel V used in the production of a qualified Secretary may by regulations prescribe. biodiesel mixture shall be taken into ac- ‘‘(f) TERMINATION.—This section shall not tax life generates higher cash flows in apply to any fuel sold after December 31, terms of reduced tax liability during count only if the taxpayer described in sub- paragraph (A) obtains a certification from 2005.’’. the asset’s early useful lifetime. Con- the producer of the biodiesel V which identi- (2) CREDIT TREATED AS PART OF GENERAL versely, the cash flows are decreased, fies the product produced. BUSINESS CREDIT.—Section 38(b) of the Inter- relative to the longer depreciation life, ‘‘(C) CASUAL OFF-FARM PRODUCTION NOT ELI- nal Revenue Code of 1986 is amended by during the later part of the asset’s use- GIBLE.—No credit shall be allowed under this striking ‘‘plus’’ at the end of paragraph (14), ful life. The overall impact is zero on a section with respect to any casual off-farm by striking the period at the end of para- gross basis. production of a qualified biodiesel mixture. graph (15) and inserting ‘‘, plus’’, and by add- ing at the end the following new paragraph: I urge my colleagues to support this ‘‘(c) COORDINATION WITH EXEMPTION FROM ‘‘(16) the biodiesel fuels credit determined important legislation. Infrastructure EXCISE TAX.—The amount of the credit de- termined under this section with respect to under section 40A(a).’’. development and expansion is crucial if (3) CONFORMING AMENDMENTS.— America’s homes are to continue to any biodiesel V shall, under regulations pre- scribed by the Secretary, be properly reduced (A) Section 39(d) of the Internal Revenue rely on clean-burning natural gas to to take into account any benefit provided Code of 1986 is amended by adding at the end heat their homes and fuel their appli- with respect to such biodiesel V solely by the following new paragraph: ances. reason of the application of section 4041(n) or ‘‘(11) NO CARRYBACK OF BIODIESEL FUELS I ask unanimous consent that each of section 4081(f). CREDIT BEFORE JANUARY 1, 2003.—No portion of the unused business credit for any taxable the seven bills I am introducing today ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For year which is attributable to the biodiesel purposes of this section— be printed in the RECORD. fuels credit determined under section 40A ‘‘(1) BIODIESEL V DEFINED.—The term ‘bio- There being no objection, the bills may be carried back to a taxable year begin- diesel V’ means the monoalkyl esters of long were ordered to be printed in the ning before January 1, 2003.’’. chain fatty acids derived solely from virgin RECORD, as follows: (B) Section 196(c) of such Code is amended vegetable oils for use in compressional-igni- S. 355 by striking ‘‘and’’ at the end of paragraph tion (diesel) engines. Such term shall include (9), by striking the period at the end of para- Be it enacted by the Senate and House of Rep- esters derived from vegetable oils from corn, graph (10), and by adding at the end the fol- resentatives of the United States of America in soybeans, sunflower seeds, cottonseeds, lowing new paragraph: Congress assembled, canola, crambe, rapeseeds, safflowers, ‘‘(11) the biodiesel fuels credit determined SECTION 1. SHORT TITLE. flaxseeds, rice bran, and mustard seeds. under section 40A(a).’’. This Act may be cited as the ‘‘Biodiesel ‘‘(2) BIODIESEL NV DEFINED.—The term ‘bio- (C) Section 6501(m) of such Code is amend- Promotion Act of 2003’’. diesel NV’ means the monoalkyl esters of ed by inserting ‘‘40A(e),’’ after ‘‘40(f),’’. SEC. 2. INCENTIVES FOR BIODIESEL. long chain fatty acids derived from non- (D) The table of sections for subpart D of (a) CREDIT FOR BIODIESEL USED AS A virgin vegetable oils or animal fats for use in part IV of subchapter A of chapter 1 of such FUEL.— compressional-ignition (diesel) engines. Code is amended by adding after the item re- (1) IN GENERAL.—Subpart D of part IV of ‘‘(3) REGISTRATION REQUIREMENTS.—The lating to section 40 the following new item: subchapter A of chapter 1 of the Internal terms ‘biodiesel V’ and ‘biodiesel NV’ shall Revenue Code of 1986 (relating to business re- only include a biodiesel which meets— ‘‘Sec. 40A. Biodiesel used as fuel.’’. lated credits) is amended by inserting after ‘‘(i) the registration requirements for fuels (4) EFFECTIVE DATE.—The amendments section 40 the following new section: and fuel additives established by the Envi- made by this subsection shall apply to tax- ‘‘SEC. 40A. BIODIESEL USED AS FUEL. ronmental Protection Agency under section able years beginning after December 31, 2002. ‘‘(a) GENERAL RULE.—For purposes of sec- 211 of the Clean Air Act (42 U.S.C. 7545), and (b) REDUCTION OF MOTOR FUEL EXCISE tion 38, the biodiesel fuels credit determined ‘‘(ii) the requirements of the American So- TAXES ON BIODIESEL V MIXTURES.— under this section for the taxable year is an ciety of Testing and Materials D6751. (1) IN GENERAL.—Section 4081 of the Inter- amount equal to the biodiesel mixture cred- ‘‘(4) BIODIESEL MIXTURE NOT USED AS A nal Revenue Code of 1986 (relating to manu- it. FUEL, ETC.— facturers tax on petroleum products) is ‘‘(b) DEFINITION OF BIODIESEL MIXTURE ‘‘(A) IMPOSITION OF TAX.—If— amended by adding at the end the following CREDIT.—For purposes of this section— ‘‘(i) any credit was determined under this new subsection: ‘‘(1) BIODIESEL MIXTURE CREDIT.— section with respect to biodiesel V or bio- ‘‘(f) BIODIESEL V MIXTURES.—Under regula- ‘‘(A) IN GENERAL.—The biodiesel mixture diesel NV used in the production of any tions prescribed by the Secretary— credit of any taxpayer for any taxable year qualified biodiesel mixture, and ‘‘(1) IN GENERAL.—In the case of the re- is the sum of the products of the biodiesel ‘‘(ii) any person— moval or entry of a qualified biodiesel mix- mixture rate for each qualified biodiesel ‘‘(I) separates such biodiesel from the mix- ture with biodiesel V, the rate of tax under mixture and the number of gallons of such ture, or subsection (a) shall be the otherwise applica- mixture of the taxpayer for the taxable year. ‘‘(II) without separation, uses the mixture ble rate reduced by the biodiesel mixture ‘‘(B) BIODIESEL MIXTURE RATE.—For pur- other than as a fuel, rate (if any) applicable to the mixture. poses of subparagraph (A), the biodiesel mix- then there is hereby imposed on such person ‘‘(2) TAX PRIOR TO MIXING.— ture rate for each qualified biodiesel mixture a tax equal to the product of the biodiesel ‘‘(A) IN GENERAL.—In the case of the re- shall be— mixture rate applicable under subsection moval or entry of diesel fuel for use in pro- ‘‘(i) in the case of a mixture with only bio- (b)(1)(B) and the number of gallons of the ducing at the time of such removal or entry diesel V, 1 cent for each whole percentage mixture. a qualified biodiesel mixture with biodiesel point (not exceeding 20 percentage points) of ‘‘(B) APPLICABLE LAWS.—All provisions of V, the rate of tax under subsection (a) shall biodiesel V in such mixture, and law, including penalties, shall, insofar as ap- be the rate determined under subparagraph ‘‘(ii) in the case of a mixture with biodiesel plicable and not inconsistent with this sec- (B). NV, or a combination of biodiesel V and bio- tion, apply in respect of any tax imposed ‘‘(B) DETERMINATION OF RATE.—For pur- diesel NV, 0.5 cent for each whole percentage under subparagraph (A) as if such tax were poses of subparagraph (A), the rate deter- point (not exceeding 20 percentage points) of imposed by section 4081 and not by this chap- mined under this subparagraph is the rate such biodiesel in such mixture. ter. determined under paragraph (1), divided by a

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percentage equal to 100 percent minus the ‘‘(D) liquid, gaseous, or solid fuels from ‘‘(3) SPECIAL RULES.—In determining the percentage of biodiesel V which will be in qualified agricultural and animal waste, in- amount of credit allowable under this sec- the mixture. cluding such fuels when used as feedstocks.’’. tion solely by reason of this subsection— ‘‘(3) DEFINITIONS.—For purposes of this sub- (b) QUALIFIED AGRICULTURAL AND ANIMAL ‘‘(A) DAILY LIMIT.—The amount of qualified section, any term used in this subsection WASTE.— fuels sold during any taxable year which which is also used in section 40A shall have (1) IN GENERAL.—Section 29(c) of the Inter- may be taken into account by reason of this the meaning given such term by section 40A. nal Revenue Code of 1986 is amended by add- subsection with respect to any facility shall ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- ing at the end the following new paragraph: not exceed an average barrel-of-oil equiva- lar to the rules of paragraphs (6) and (7) of ‘‘(4) QUALIFIED AGRICULTURAL AND ANIMAL lent of 200,000 cubic feet of natural gas per subsection (c) shall apply for purposes of this WASTE.—The term ‘qualified agricultural and day. Days before the date the facility is subsection.’’. animal waste’ means agriculture and animal placed in service shall not be taken into ac- (2) CONFORMING AMENDMENTS.— waste, including by-products, packaging, and count in determining such average. (A) Section 4041 of the Internal Revenue any materials associated with the proc- ‘‘(B) EXTENSION PERIOD TO COMMENCE WITH Code of 1986 is amended by adding at the end essing, feeding, selling, transporting, or dis- UNADJUSTED CREDIT AMOUNT.—In the case of the following new subsection: posal of agricultural or animal products or fuels sold after 2003, subparagraph (B) of sub- ‘‘(n) BIODIESEL V MIXTURES.—Under regula- wastes, including wood shavings, straw, rice section (d)(2) shall be applied by substituting tions prescribed by the Secretary, in the case hulls, and other bedding for the disposition ‘2003’ for ‘1979’.’’. of the sale or use of a qualified biodiesel mix- of manure.’’. (b) ADDITIONAL DEFINITION.—Section 29(d) ture (as defined in section 40A(b)(2)) with (2) CONFORMING AMENDMENT.—Section of the Internal Revenue Code of 1986 (relat- biodiesel V, the rates under paragraphs (1) 29(c)(3) of such Code is amended— ing to other definitions and special rules) is and (2) of subsection (a) shall be the other- (A) by striking ‘‘and’’ at the end of sub- amended by adding at the end the following wise applicable rates, reduced by any appli- paragraph (A), new paragraph: cable biodiesel mixture rate (as defined in (B) by striking the period at the end of ‘‘(9) LANDFILL GAS FACILITY.— section 40A(b)(1)(B)).’’. subparagraph (B) and inserting ‘‘, and’’, and ‘‘(A) IN GENERAL.—A facility for producing (B) Section 6427 of such Code is amended by (C) by adding at the end the following new qualified fuel from landfill gas, placed in redesignating subsection (p) as subsection (q) subparagraph: service before, on, or after the date of the en- and by inserting after subsection (o) the fol- ‘‘(C) qualified agricultural and animal actment of this paragraph, includes all wells, lowing new subsection: waste.’’. pipes, and other gas collection equipment in- ‘‘(p) BIODIESEL V MIXTURES.—Except as (c) EXTENSION OF CREDIT.—Section 29(g) of stalled as part of the facility over the life of provided in subsection (k), if any diesel fuel the Internal Revenue Code of 1986 (relating the landfill, including any modifications or on which tax was imposed by section 4081 at to extension for certain facilities) is amend- expansions thereof, after the facility is first a rate not determined under section 4081(f) is ed by adding at the end the following new placed in service. used by any person in producing a qualified ‘‘(B) LANDFILL GAS.—The term ‘landfill gas’ biodiesel mixture (as defined in section paragraph: ‘‘(3) FACILITIES PRODUCING FUELS FROM AG- means gas derived from the biodegradation 40A(b)(2)) with biodiesel V which is sold or of municipal solid waste.’’. used in such person’s trade or business, the RICULTURAL AND ANIMAL WASTE.—In the case of facility for producing qualified fuels de- (c) EFFECTIVE DATE.—The amendments Secretary shall pay (without interest) to made by this section shall apply to fuel sold such person an amount equal to the per gal- scribed in subsection (c)(1)(D)— ‘‘(A) for purposes of subsection (f)(1)(B), after the date of the enactment of this Act. lon applicable biodiesel mixture rate (as de- SEC. 2. EXTENSION AND EXPANSION OF CREDIT fined in section 40A(b)(1)(B)) with respect to such facility shall be treated as being placed in service before January 1, 1993, if such fa- FOR PRODUCTION OF ELECTRICITY such fuel.’’. TO PRODUCTION FROM LANDFILL (3) EFFECTIVE DATE.—The amendments cility is placed in service after January 1, GAS. made by this subsection shall apply to any 2003, and before January 1, 2008, and (a) IN GENERAL.—Section 45(c)(1) of the In- fuel sold after December 31, 2002, and before ‘‘(B) if such facility is originally placed in ternal Revenue Code of 1986 (defining quali- January 1, 2006. service after December 31, 1992, paragraph (2) fied energy resources) is amended by strik- (c) HIGHWAY TRUST FUND HELD HARM- of subsection (f) shall be applied with respect ing ‘‘and’’ at the end of subparagraph (B), by LESS.—There are hereby transferred (from to such facility by substituting ‘January 1, striking the period at the end of subpara- time to time) from the funds of the Com- 2018’ for ‘January 1, 2003’.’’. graph (C) and inserting ‘‘, and’’, and by add- modity Credit Corporation amounts deter- (d) EFFECTIVE DATE.—The amendments ing at the end the following new subpara- mined by the Secretary of the Treasury to be made by this section shall apply to fuels sold graph: equivalent to the reductions that would after the date of the enactment of this Act. ‘‘(D) landfill gas.’’. occur (but for this subsection) in the receipts S. 358 (b) QUALIFIED FACILITY.—Section 45(c)(3) of of the Highway Trust Fund by reason of the the Internal Revenue Code of 1986 (relating Be it enacted by the Senate and House of Rep- amendments made by this section. to qualified facility) is amended by adding at resentatives of the United States of America in the end the following new subparagraph: S. 356 Congress assembled, Be it enacted by the Senate and House of Rep- ‘‘(D) LANDFILL GAS FACILITY.—In the case resentatives of the United States of America in SECTION 1. CREDIT FOR PRODUCING FUEL FROM of a facility using landfill gas to produce LANDFILL GAS. Congress assembled, electricity, the term ‘qualified facility’ (a) IN GENERAL.—Section 29 of the Internal SECTION 1. SHORT TITLE. means any such facility owned by the tax- Revenue Code of 1986 (relating to credit for This Act may be cited as the ‘‘EPACT Al- payer which is originally placed in service producing fuel from a nonconventional ternative Fuel Flexibility Act of 2003’’. before January 1, 2008.’’. source) is amended by adding at the end the (c) SPECIAL RULES AND DEFINITIONS.— SEC. 2. BIODIESEL FUEL USE CREDITS. following new subsection: EDUCED CREDIT FOR CERTAIN Section 312(b) of the Energy Policy Act of (1) R 1992 (42 U.S.C. 13220(b)) is amended— ‘‘(h) EXTENSION AND MODIFICATION FOR FA- PREEFECTIVE DATE FACILITIES.—Section 45(d) CILITIES PRODUCING QUALIFIED FUELS FROM of the Internal Revenue Code of 1986 (relat- (1) by striking ‘‘(b) USE OF CREDITS.—’’ and all that follows through ‘‘At the request’’ LANDFILL GAS.— ing to definitions and special rules) is and inserting the following: ‘‘(1) IN GENERAL.—In the case of a facility amended by adding at the end the following ‘‘(b) USE OF CREDITS.—At the request’’; and for producing qualified fuel from landfill gas new paragraph: (2) by striking paragraph (2). which is placed in service after June 30, 1998, ‘‘(8) REDUCED CREDIT FOR CERTAIN and before January 1, 2008, this section shall PREEFFECTIVE DATE FACILITIES.—In the case S. 357 apply to fuel produced at such facility during of any facility described in subparagraph (D) Be it enacted by the Senate and House of Rep- the 5-year period beginning on the later of— of paragraph (3) which is placed in service resentatives of the United States of America in ‘‘(A) the date such facility was placed in before the date of the enactment of this sub- Congress assembled, service, or paragraph— SECTION 1. MODIFICATION OF CREDIT FOR PRO- ‘‘(B) the date of the enactment of this sub- ‘‘(A) subsection (a)(1) shall be applied by DUCTION OF FUEL FROM NON- section. substituting ‘1.0 cents’ for ‘1.5 cents’, and CONVENTIONAL SOURCES TO IN- CLUDE PRODUCTION OF FUEL FROM ‘‘(2) REDUCTION OF CREDIT FOR PRODUCTION ‘‘(B) the 5-year period beginning on the AGRICULTURAL AND ANIMAL FROM CERTAIN LANDFILL GAS FACILITIES.—In date of the enactment of this paragraph shall WASTE. the case of a facility to which paragraph (1) be substituted in lieu of the 10-year period in (a) IN GENERAL.—Section 29(c)(1) of the In- applies which is located at a landfill which is subsection (a)(2)(A)(ii).’’. ternal Revenue Code of 1986 (relating to defi- required pursuant to 40 CFR 60.752(b)(2) or 40 (2) COORDINATION WITH SECTION 29.—Section nition of qualified fuels) is amended— CFR 60.33c to install and operate a collection 45(c)(3) of such Code (relating to qualified fa- (1) by striking ‘‘and’’ at the end of subpara- and control system which captures gas gen- cility), as amended by subsection (b), is graph (B)(ii), erated within the landfill, subsection (a)(1) amended by adding at the end the following (2) by striking the period at the end of sub- shall be applied to gas so captured by sub- new subparagraph: paragraph (C) and inserting ‘‘, and’’, and stituting ‘$2’ for ‘$3’ for the taxable year dur- ‘‘(E) COORDINATION WITH SECTION 29.—The (3) by adding at the end the following new ing which such system is required to be in- term ‘qualified facility’ shall not include any subparagraph: stalled and operated. facility the production from which is taken

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2218 CONGRESSIONAL RECORD — SENATE February 11, 2003 into account in determining any credit under tricity sold after the date of the enactment standards and is produced after 2002 and be- section 29 for the taxable year or any prior of this Act, in taxable years ending after fore 2007. taxable year.’’. such date. ‘‘(2) ELIGIBLE PRODUCTION.— (3) LANDFILL GAS.—Section 45(c) of such S. 360 ‘‘(A) IN GENERAL.—The eligible production Code is amended by adding at the end the Be it enacted by the Senate and House of Rep- of each category of qualified energy efficient following new paragraph: resentatives of the United States of America in appliances is the excess of— ‘‘(5) LANDFILL GAS.—The term ‘landfill gas’ Congress assembled, ‘‘(i) the number of appliances in such cat- means gas derived from the biodegradation egory which are produced by the taxpayer SECTION 1. NATURAL GAS DISTRIBUTION LINES of municipal solid waste.’’. TREATED AS 10-YEAR PROPERTY. during such calendar year, over (d) EFFECTIVE DATE.—The amendments ‘‘(ii) the average number of appliances in (a) IN GENERAL.—Subparagraph (D) of sec- made by this section shall apply to elec- tion 168(e)(3) of the Internal Revenue Code of such category which were produced by the tricity sold after the date of the enactment 1986 (relating to classification of certain taxpayer during calendar years 2000, 2001, of this Act. property) is amended by striking ‘‘and’’ at and 2002. S. 359 the end of clause (i), by striking the period ‘‘(B) CATEGORIES.—For purposes of sub- Be it enacted by the Senate and House of Rep- at the end of clause (ii) and by inserting ‘‘, paragraph (A), the categories are— resentatives of the United States of America in and’’, and by adding at the end the following ‘‘(i) clothes washers described in paragraph Congress assembled, new clause: (1)(A)(i), ‘‘(ii) clothes washers described in para- SECTION 1. SHORT TITLE. ‘‘(iii) any natural gas distribution line.’’. graph (1)(B)(i), This Act may be cited as the ‘‘Waste to En- (b) ALTERNATIVE SYSTEM.—The table con- ergy Utilization Act of 2003’’. tained in section 168(g)(3)(B) of the Internal ‘‘(iii) refrigerators described in paragraph Revenue Code of 1986 is amended by inserting (1)(A)(ii), SEC. 2. CREDIT FOR ELECTRICITY PRODUCED ‘‘(iv) refrigerators described in paragraph FROM MUNICIPAL SOLID WASTE. after the item relating to subparagraph (1)(B)(ii), and (a) IN GENERAL.—Section 45(c)(1) of the In- (D)(ii) the following: ‘‘(v) refrigerators described in paragraph ternal Revenue Code of 1986 (defining quali- ‘‘(D)(iii) ...... 20’’. (1)(C). fied energy resources) is amended by strik- (c) ALTERNATIVE MINIMUM TAX EXCEP- ‘‘(C) SPECIAL RULE FOR 2003 PRODUCTION.— ing ‘‘and’’ at the end of subparagraph (B), by TION.—Subparagraph (B) of section 56(a)(1) of For purposes of determining eligible produc- striking the period at the end of subpara- the Internal Revenue Code of 1986 is amended tion for calendar year 2003— graph (C) and inserting ‘‘, and’’, and by add- by inserting before the period the following: ‘‘(i) only production after the date of en- ing at the end the following new subpara- ‘‘or in clause (iii) of section 168(e)(3)(D)’’. actment of this section shall be taken into graph: (d) EFFECTIVE DATE.—The amendments account under subparagraph (A)(i), and ‘‘(D) municipal solid waste.’’. made by this section shall apply to property ‘‘(ii) the amount taken into account under (b) QUALIFIED FACILITY.—Section 45(c)(3) of placed in service after the date of the enact- subparagraph (A)(ii) shall be an amount the Internal Revenue Code of 1986 (relating ment of this Act. to qualified facility) is amended by adding at which bears the same ratio to the amount S. 361 the end the following new subparagraph: which would (but for this subparagraph) be taken into account under subparagraph ‘‘(D) MUNICIPAL SOLID WASTE FACILITY.— Be it enacted by the Senate and House of Rep- (A)(ii) as— ‘‘(i) IN GENERAL.—In the case of a facility resentatives of the United States of America in or unit using municipal solid waste to Congress assembled, ‘‘(I) the number of days in calendar year produce electricity, the term ‘qualified facil- SECTION 1. SHORT TITLE. 2003 after the date of enactment of this sec- ity’ means— This Act may be cited as the ‘‘Resource Ef- tion, bears to ‘‘(I) any facility owned by the taxpayer ficient Appliance Incentives Act of 2003’’. ‘‘(II) 365. which is originally placed in service on or SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLI- ‘‘(c) LIMITATION ON MAXIMUM CREDIT.— after date of the enactment of this subpara- ANCES. ‘‘(1) IN GENERAL.—The maximum amount of graph and before January 1, 2008, or (a) IN GENERAL.—Subpart D of part IV of credit allowed under subsection (a) with re- ‘‘(II) any unit owned by the taxpayer which subchapter A of chapter 1 of the Internal spect to a taxpayer for all taxable years is originally placed in service and added to Revenue Code of 1986 (relating to business-re- shall be $60,000,000 except that not more than another facility on or after such date of en- lated credits) is amended by adding at the $30,000,000 shall be allowed for production of actment and before January 1, 2008. end the following new section: any combination of clothes washers produced ‘‘(ii) SPECIAL RULE.—In the case of a quali- ‘‘SEC. 45G. ENERGY EFFICIENT APPLIANCE CRED- with a 1.26 MEF (described in subsection fied facility described in clause (i)(II), the 10- IT. (b)(1)(A)(i)) and refrigerators described in year period referred to in subsection (a) shall ‘‘(a) GENERAL RULE.—For purposes of sec- subsection (b)(1)(A)(ii). be treated as beginning no earlier than the tion 38, the energy efficient appliance credit ‘‘(2) LIMITATION BASED ON GROSS RE- date of the enactment of this subparagraph. determined under this section for the taxable CEIPTS.—The credit allowed under subsection ‘‘(iii) CREDIT ELIGIBILITY.—In the case of year is an amount equal to the applicable (a) with respect to a taxpayer for the taxable any qualified facility described in clause (i), amount determined under subsection (b) year shall not exceed an amount equal to 2 if the owner of such facility is not the pro- with respect to the eligible production of percent of the average annual gross receipts ducer of the electricity, the person eligible qualified energy efficient appliances pro- of the taxpayer for the 3 taxable years pre- for the credit allowable under subsection (a) duced by the taxpayer during the calendar ceding the taxable year in which the credit is is the lessee or the operator of such facil- year ending with or within the taxable year. determined. ity.’’. ‘‘(b) APPLICABLE AMOUNT; ELIGIBLE PRO- ‘‘(3) GROSS RECEIPTS.—For purposes of this (c) DEFINITION.—Section 45(c) of the Inter- DUCTION.—For purposes of subsection (a)— subsection, the rules of paragraphs (2) and (3) nal Revenue Code of 1986 is amended by add- ‘‘(1) APPLICABLE AMOUNT.—The applicable of section 448(c) shall apply. ing at the end the following new paragraph: amount is— ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(5) MUNICIPAL SOLID WASTE.—The term ‘‘(A) $50, in the case of— tion— ‘municipal solid waste’ has the meaning ‘‘(i) a clothes washer which is produced in ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- given the term ‘solid waste’ under section 2003 with at least a 1.26 MEF (at least 1.42 ANCE.—The term ‘qualified energy efficient 2(27) of the Solid Waste Disposal Act (42 MEF for washers produced after 2003 but not appliance’ means— U.S.C. 6903).’’. after 2006), or ‘‘(A) a clothes washer described in subpara- (d) NO CREDIT FOR CERTAIN PRODUCTION.— ‘‘(ii) a refrigerator produced in 2003 which graph (A)(i) or (B)(i) of subsection (b)(1), or Section 45(d) of the Internal Revenue Code of consumes at least 10 percent less kWh per ‘‘(B) a refrigerator described in subpara- 1986 (relating to definitions and special rules) year than the energy conservation standards graph (A)(ii), (B)(ii) or (C) of subsection is amended by adding at the end the fol- for refrigerators promulgated by the Depart- (b)(1). lowing new paragraph: ment of Energy effective July 1, 2001, ‘‘(2) CLOTHES WASHER.—The term ‘clothes ‘‘(8) OPERATIONS INCONSISTENT WITH SOLID ‘‘(B) $100, in the case of— washer’ means a residential clothes washer, WASTE DISPOSAL ACT.—In the case of a quali- ‘‘(i) a clothes washer which is produced in including a residential style coin operated fied facility described in subsection (c)(3)(D), 2003 with at least a 1.42 MEF (at least 1.5 washer. subsection (a) shall not apply to electricity MEF for washers produced after 2003 and be- ‘‘(3) REFRIGERATOR.—The term ‘refrig- produced at such facility during any taxable fore 2008), or erator’ means an automatic defrost refrig- year if, during a portion of such year, there ‘‘(ii) a refrigerator produced after 2002 and erator-freezer which has an internal volume is a certification in effect by the Adminis- before 2007 which consumes at least 15 per- of at least 16.5 cubic feet. trator of the Environmental Protection cent less kWh per year (at least 20 percent ‘‘(4) MEF.—The term ‘MEF’ means Modi- Agency that such facility was permitted in a less kWh per year for refrigerators produced fied Energy Factor (as determined by the manner inconsistent with section 4003(d) of in 2007) than such energy conservation stand- Secretary of Energy). the Solid Waste Disposal Act (42 U.S.C. ards, and ‘‘(e) SPECIAL RULES.— 6943(d)).’’. ‘‘(C) $150, in the case of a refrigerator ‘‘(1) IN GENERAL.—Rules similar to the (e) EFFECTIVE DATE.—The amendments which consumes at least 20 percent less kWh rules of subsections (c), (d), and (e) of section made by this section shall apply to elec- per year than such energy conservation 52 shall apply for purposes of this section.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2219 ‘‘(2) AGGREGATION RULES.—All persons energy will be saved. This is the equiv- penses that the family must take care treated as a single employer under sub- alent of taking 2.3 million cars off the of. People have called my office in section (a) or (b) of section 52 or subsection road or closing 6 coal-fired power tears. Very often it is a son or a daugh- (m) or (o) of section 414 shall be treated as 1 plants for a year. In addition, the ter that is grieving the death of a par- person for purposes of subsection (a). ‘‘(f) VERIFICATION.—The taxpayer shall sub- clothes washers will reduce the amount ent. They are clearing up the paper- mit such information or certification as the of water necessary to wash clothes by work for their mom or dad, and there is Secretary, in consultation with the Sec- 870 billion gallons, an amount equal to the Social Security check. And they retary of Energy, determines necessary to the needs of every household in a city say, ‘‘Senator, the check says for the claim the credit amount under subsection the size of Phoenix, Arizona for two month of May. Mom died on May 28. (a).’’. years. And, the benefits to consumers Why do we have to send the Social Se- (b) LIMITATION ON CARRYBACK.—Section over the life of the washers and refrig- curity check back? We have bills to 39(d) of the Internal Revenue Code of 1986 (re- erators from operational savings is es- lating to transition rules) is amended by pay. We have utility coverage that we adding at the end the following new para- timated at nearly $1 billion. need to wrap up, mom’s rent, or her graph: In my home State of Iowa, this legis- mortgage, or health expenses. Why is ‘‘(11) NO CARRYBACK OF ENERGY EFFICIENT lation would result in the production of Social Security telling me, ‘Send the APPLIANCE CREDIT BEFORE EFFECTIVE DATE.— 1.5 million super energy-efficient wash- check back or we’re going to come and No portion of the unused business credit for ers and refrigerators during the next get you’?’’ any taxable year which is attributable to the five years. I also expect Iowans to save With all the problems in our country energy efficient appliance credit determined $11 million in operational costs over today, we ought to be going after drug under section 45G may be carried to a tax- the life span of the appliances, and 9 dealers and tax dodgers, not honest able year ending before January 1, 2003.’’. billion gallons of water—enough to (c) CONFORMING AMENDMENT.—Section 38(b) people who have paid into Social Secu- of the Internal Revenue Code of 1986 (relat- supply drinking water for the entire rity, and not the surviving spouse or ing to general business credit) is amended by State for 30 years. the family who have been left with the striking ‘‘plus’’ at the end of paragraph (14), As Chairman of the Senate Finance bills for the last month of their loved by striking the period at the end of para- Committee, I look forward to working one’s life. They are absolutely right graph (15) and inserting ‘‘, plus’’, and by add- with Senators LINCOLN and ALLARD as when they call me and say that Social ing at the end the following new paragraph: we continue to promote energy con- Security was supposed to be there for ‘‘(16) the energy efficient appliance credit servation and efficiency. determined under section 45G(a).’’. them. (d) CLERICAL AMENDMENT.—The table of By Ms. MIKULSKI (for herself I’ve listened to my constituents and to the stories of their lives. What they sections for subpart D of part IV of sub- Ms. SNOWE, Mr. SARBANES, Ms. chapter A of chapter 1 of the Internal Rev- say is this: ‘‘Senator MIKULSKI, we COLLINS, Mrs. MURRAY, and Ms. enue Code of 1986 is amended by adding at don’t want anything for free. But our the end the following new item: CANTWELL): S. 362. A bill to amend title II of the family does want what our parents ‘‘Sec. 45G. Energy efficient appliance cred- Social Security Act to provide that a worked for. We do want what we feel it.’’. monthly insurance benefit thereunder we deserve and what has been paid for (e) EFFECTIVE DATE.—The amendments shall be paid for the month in which in the trust fund in our loved one’s made by this section shall apply to appli- the recipient dies, subject to a reduc- name. Please make sure that our fam- ances produced after December 31, 2002, in tion of 50 percent if the recipient dies ily gets the Social Security check for taxable years ending after such date. during the first 15 days of such month, the last month of our life.’’ Mr. GRASSLEY. Mr. President, I rise and for other purposes; to the Com- That is what our bill is going to do. to voice my strong support for legisla- mittee on Finance. That is why Senator SNOWE and I are tion introduced today by Senators LIN- Ms. MIKULSKI. Mr. President, introducing the Family Social Secu- COLN and ALLARD, entitled ‘‘The Re- today, I rise to talk about an issue that rity Protection Act. When we talk source Efficient Appliance Incentive is very important to me, very impor- about retirement security, the most Act of 2003.’’ I’m proud to be an origi- tant to my constituents in Maryland important part of that is income secu- nal cosponsor. and very important to the people of the rity. And the safety net for most Amer- This legislation will provide a valu- United States of America. icans is Social Security. able incentive to accelerate and expand For the fifth Congress in a row, I am We know that as Senators we have to the production and market penetration joining in a bipartisan effort with my make sure that Social Security re- of ultra energy-efficient appliances. By friend and colleague, Senator OLYMPIA mains solvent, and we are working to providing a tax credit for the develop- SNOWE, to end an unfair policy of the do that. We also don’t want to create ment of super energy-efficient washing Social Security System. an undue administrative burden at the machines and refrigerators, this legis- Senator SNOWE and I are introducing Social Security Administration—a bur- lation creates the incentives necessary the Social Security Family Protection den that might affect today’s retirees. to increase the production and sale of Act. This bill addresses retirement se- But it is absolutely crucial that we these appliances in the short term and curity and family security. We want provide a Social Security check for the ultimately lead to a dramatic change the middle class of this Nation to know last month of life. in consumer purchasing decisions. that we are going to give help to those How do we propose to do that? We Under this proposal, manufacturers who practice self-help. have a very simple, straightforward would be eligible to claim a credit of What is it I am talking about? I was way of dealing with this problem. Our either $50 or $100, depending on effi- shocked when I found out that Social legislation says that if you die before ciency level, for each super energy-effi- Security does not pay benefits for the the 15th of the month, you will get a cient washing machine produced be- last month of life. If a Social Security check for half the month. If you die tween 2003 and 2007. Likewise, manu- retiree dies on the 18th of the month or after the 15th of the month, your sur- facturers would be eligible to claim a even on the 30th of the month, the sur- viving spouse or the family estate credit of $50, $100, or $150, depending on viving spouse or family members must would get a check for the full month. efficiency level, for each super energy- send back the Social Security check We think this bill is fundamentally efficient refrigerator produced between for that month. fair. Senator SNOWE and I are old-fash- 2003 and 2007. It is estimated that this I think that is a harsh and heartless ioned in our belief in family values. We tax credit will increase the production rule. That individual worked for Social believe you honor your father and your and purchase of super energy-efficient Security benefits, earned those bene- mother. We believe that it is not only washers by almost 200 percent and the fits, and paid into the Social Security a good religious and moral principle, purchase of super energy-efficient re- trust fund. The system should allow but it is good public policy as well. frigerators by over 285 percent. the surviving spouse or the estate of The way to honor your father and Equally important is the long-term the family to use that Social Security mother is to have a strong Social Secu- environmental benefits of the expanded check for the last month of life. rity System and to make sure the sys- use of these appliances. Over the life of This legislation has an urgency. tem is fair in every way. That means the appliances, over 200 trillion Btus of When a loved one dies, there are ex- fair for the retiree and fair for the

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2220 CONGRESSIONAL RECORD — SENATE February 11, 2003 spouse and family. We strongly feel paid for such month shall be an amount (g) MOTHER’S AND FATHER’S INSURANCE that the current system is an injustice equal to 50 percent of the amount of such BENEFITS.—Section 202(g)(1) of the Social Se- to spouses and families across the Na- benefit (as determined without regard to this curity Act (42 U.S.C. 402(g)(1)) is amended— tion. Just because a beneficiary passes subsection), rounded, if not a multiple of $1, (1) by inserting ‘‘with the month in which to the next lower multiple of $1. This sub- he or she dies or (if earlier)’’ after ‘‘and end- away, it does not mean that their bills section shall apply with respect to such ben- ing’’ in the matter following subparagraph can go unpaid. Join us to correct this efit after all other adjustments with respect (F); and policy and to ensure that families and to such benefit provided by this title have (2) by striking ‘‘he or she remarries, or he recipients are protected during this dif- been made. or she dies’’ and inserting ‘‘or he or she re- ficult time. That is why we support ‘‘(2) Any payment under this section by marries’’. making sure that the surviving spouse reason of paragraph (1) shall be made in ac- (h) PARENT’S INSURANCE BENEFITS.—Sec- or family can keep the Social Security cordance with section 204(d).’’. tion 202(h)(1) of the Social Security Act (42 check for the last month of life. SEC. 3. CONFORMING AMENDMENTS REGARDING U.S.C. 402(h)(1)) is amended by striking ‘‘end- PAYMENT OF BENEFITS FOR MONTH ing with the month preceding the first We urge our colleagues to join us in OF RECIPIENT’S DEATH. month in which any of the following occurs: this effort and support the Social Secu- (a) OLD-AGE INSURANCE BENEFITS.—Section such parent dies, marries,’’ in the matter fol- rity Family Protection Act. I ask 202(a)(3) of the Social Security Act (42 U.S.C. lowing subparagraph (E) and inserting ‘‘end- unanimous consent that the text of my 402(a)(3)) is amended by striking ‘‘the month ing with the month in which such parent dies bill be printed in the RECORD. preceding’’ in the matter following subpara- or (if earlier) with the month preceding the There being no objection, the bill was graph (B). first month in which any of the following oc- ordered to be printed in the RECORD, as (b) WIFE’S INSURANCE BENEFITS.— curs: such parent marries,’’. follows: (1) IN GENERAL.—Section 202(b)(1)(D) of (i) DISABILITY INSURANCE BENEFITS.—Sec- such Act (42 U.S.C. 402(b)(1)(D)) is amended— tion 223(a)(1) of the Social Security Act (42 S. 362 (A) by striking ‘‘and ending with the U.S.C. 423(a)(1)) is amended by striking ‘‘end- Be it enacted by the Senate and House of Rep- month’’ in the matter immediately following ing with the month preceding whichever of resentatives of the United States of America in clause (ii)(II) and inserting ‘‘and ending with the following months is the earliest: the Congress assembled, the month in which she dies or (if earlier) month in which he dies,’’ in the matter fol- SECTION 1. SHORT TITLE. with the month’’; lowing subparagraph (D) and inserting the This Act may be cited as the ‘‘Social Secu- (B) by striking subparagraph (E); and following: ‘‘ending with the month in which rity Family Protection Act’’. (C) by redesignating subparagraphs (F) he dies or (if earlier) with whichever of the SEC. 2. COMPUTATION AND PAYMENT OF LAST through (K) as subparagraphs (E) through following months is the earliest:’’. MONTHLY PAYMENT. (J), respectively. (j) BENEFITS AT AGE 72 FOR CERTAIN UNIN- (a) OLD-AGE AND SURVIVORS INSURANCE (2) CONFORMING AMENDMENT.—Section SURED INDIVIDUALS.—Section 228(a) of the So- BENEFITS.—Section 202 of the Social Secu- 202(b)(5)(B) of the Social Security Act (42 cial Security Act (42 U.S.C. 428(a)) is amend- rity Act (42 U.S.C. 402) is amended by adding U.S.C. 402(b)(5)(B)) is amended by striking ed by striking ‘‘the month preceding’’ in the at the end the following: ‘‘(E), (F), (H), or (J)’’ and inserting ‘‘(E), (G), matter following paragraph (4). ‘‘Last Payment of Monthly Insurance or (I)’’. (k) EXEMPTION FROM MAXIMUM BENEFIT Benefit Terminated by Death (c) HUSBAND’S INSURANCE BENEFITS.— CAP.—Section 203 of the Social Security Act (1) IN GENERAL.—Section 202(c)(1)(D) of the (42 U.S.C. 403) is amended by adding at the ‘‘(z)(1) In any case in which an individual end the following: dies during the first 15 days of a calendar Social Security Act (42 U.S.C. 402(c)(1)(D)) is month, the amount of such individual’s amended— ‘‘Exemption From Maximum Benefit Cap monthly insurance benefit under this section (A) by striking ‘‘and ending with the ‘‘(m) Notwithstanding any other provision paid for such month shall be an amount month’’ in the matter immediately following of this section, the application of this sec- equal to 50 percent of the amount of such clause (ii)(II) and inserting ‘‘and ending with tion shall be made without regard to any benefit (as determined without regard to this the month in which he dies or (if earlier) amount received by reason of section 202(z), subsection), rounded, if not a multiple of $1, with the month’’; 223(j), or 228(i).’’. to the next lower multiple of $1. This sub- (B) by striking subparagraph (E); and SEC. 4. EFFECTIVE DATE. section shall apply with respect to such ben- (C) by redesignating subparagraphs (F) The amendments made by this Act shall efit after all other adjustments with respect through (K) as subparagraphs (E) through apply with respect to deaths occurring after to such benefit provided by this title have (J), respectively. the date that is 180 days after the date of the been made. (2) CONFORMING AMENDMENT.—Section enactment of this Act. ‘‘(2) Any payment under this section by 202(c)(5)(B) of the Social Security Act (42 reason of paragraph (1) shall be made in ac- U.S.C. 402(c)(5)(B)) is amended by striking By Ms. MIKULSKI (for herself, ‘‘(E), (F), (H), or (J)’’ and inserting ‘‘(E), (G), cordance with section 204(d).’’. Mr. SARBANES, Ms. COLLINS, Mr. or (I)’’. (b) DISABILITY INSURANCE BENEFITS.—Sec- BINGAMAN, Mr. DASCHLE, Ms. tion 223 of the Social Security Act (42 U.S.C. (d) CHILD’S INSURANCE BENEFITS.—Section SNOWE, Mr. DORGAN, Ms. LAN- 423) is amended by adding at the end the fol- 202(d)(1) of the Social Security Act (42 U.S.C. lowing: 402(d)(1)) is amended— DRIEU, Mrs. MURRAY, Mr. (1) by striking ‘‘and ending with the BREAUX, Ms. CANTWELL, Mr. ‘‘Last Payment of Benefit Terminated by month’’ in the matter immediately pre- Death KENNEDY, and Mrs. CLINTON): ceding subparagraph (D) and inserting ‘‘and S. 363. A bill to amend title II of the ‘‘(k)(1) In any case in which an individual ending with the month in which such child dies during the first 15 days of a calendar Social Security Act to provide that the dies or (if earlier) with the month’’; and reductions in social security benefits month, the amount of such individual’s (2) in subparagraph (D), by striking ‘‘dies, monthly insurance benefit under this section or’’. which are required in the case of paid for such month shall be an amount (e) WIDOW’S INSURANCE BENEFITS.—Section spouses and surviving spouses who are equal to 50 percent of the amount of such 202(e)(1) of the Social Security Act (42 U.S.C. also receiving certain Government pen- benefit (as determined without regard to this 402(e)(1)) is amended by striking ‘‘ending sions shall be equal to the amount by subsection), rounded, if not a multiple of $1, with the month preceding the first month in which two-thirds of the total amount to the next lower multiple of $1. This sub- which any of the following occurs: she re- of the combined monthly benefit (be- section shall apply with respect to such ben- marries, dies,’’ in the matter following sub- efit after all other adjustments with respect fore reduction) and monthly pension paragraph (F) and inserting ‘‘ending with the exceeds $1,200, adjusted for inflation; to to such benefit provided by this title have month in which she dies or (if earlier) with been made. the month preceding the first month in the Committee on Finance. ‘‘(2) Any payment under this section by which any of the following occurs: she re- Ms. MIKULSKI. Mr. President, I rise reason of paragraph (1) shall be made in ac- marries, or’’. today to talk about an issue that is cordance with section 204(d).’’. (f) WIDOWER’S INSURANCE BENEFITS.—Sec- very important to me, very important (c) BENEFITS AT AGE 72 FOR CERTAIN UNIN- tion 202(f)(1) of the Social Security Act (42 to my constituents in Maryland and SURED INDIVIDUALS.—Section 228 of the So- U.S.C. 402(f)(1)) is amended by striking ‘‘end- cial Security Act (42 U.S.C. 428) is amended very important to government workers ing with the month preceding the first by adding at the end the following: and retirees across the Nation. I am re- month in which any of the following occurs: ‘‘Last Payment of Benefit Terminated by introducing a bill to modify a cruel he remarries, dies,’’ in the matter following rule of government that is unfair and Death subparagraph (F) and inserting ‘‘ending with ‘‘(i)(1) In any case in which an individual the month in which he dies or (if earlier) prevents current workers from enjoy- dies during the first 15 days of a calendar with the month preceding the first month in ing the benefits of their hard work dur- month, the amount of such individual’s which any of the following occurs: he remar- ing retirement. My bill has bipartisan monthly insurance benefit under this section ries,’’. support and the House companion bill

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2221 had nearly 300 cosponsors last year. Why do we punish people who have SECTION 1. SHORT TITLE. With this strong bipartisan support, I committed a significant portion of This Act may be cited as the ‘‘Government hope that we can correct this cruel rule their lives to government service? We Pension Offset Reform Act’’. SEC. 2. LIMITATION ON REDUCTIONS IN BENE- of government this year. are talking about workers who provide FITS FOR SPOUSES AND SURVIVING Under current law, a Social Security some of the most important services to SPOUSES RECEIVING GOVERNMENT spousal benefit is reduced or entirely our community—teachers, firefighters, PENSIONS. eliminated if the surviving spouse is el- and many others. Some have already (a) WIFE’S INSURANCE BENEFITS.—Section igible for a pension from a local, State retired. Others are currently working 202(b)(4)(A) of the Social Security Act (42 U.S.C. 402(b)(4)(A)) is amended— or Federal Government job that was and looking forward to a deserved re- not covered by Social Security. This (1) by inserting ‘‘the amount (if any) by tirement. These individuals deserve which the sum of such benefit (before reduc- policy is known as the Government better than the reduced monthly bene- tion under this paragraph) and’’ after ‘‘two- Pension Offset. fits that the Pension Offset currently thirds of ’’; and This is how the current law works. requires. (2) by inserting ‘‘exceeds the amount de- Consider a surviving spouse who retires Government employees work hard in scribed in subsection (z) for such month,’’ be- from government service and receives a service to our nation, and I work hard fore ‘‘if ’’. government pension of $600 a month. (b) HUSBAND’S INSURANCE BENEFITS.—Sec- for them. I do not want to see them pe- tion 202(c)(2)(A) of such Act (42 U.S.C. She also qualifies for a Social Security nalized simply because they have cho- spousal benefit of $645 a month. Be- 402(c)(2)(A)) is amended— sen to work in the public sector, rather cause of the Pension Offset law, which (1) by inserting ‘‘the amount (if any) by than for a private employer, and often reduces her Social Security benefit by which the sum of such benefit (before reduc- at lower salaries and sometimes fewer tion under this paragraph) and’’ after ‘‘two- 2/3 of her government pension, her benefits. If a retired worker in the pri- thirds of ’’; and spousal benefit is reduced to $245 a vate sector received a pension, and also (2) by inserting ‘‘exceeds the amount de- month. So instead of $1245, she will re- received a spousal Social Security ben- scribed in subsection (z) for such month,’’ be- ceive only $845 a month. That is $400 a fore ‘‘if ’’. efit, they would not be subject to the month less to pay the rent, purchase a (c) WIDOW’S INSURANCE BENEFITS.—Section prescription medication, or buy gro- Offset. I think we should be looking for 202(e)(7)(A) of such Act (42 U.S.C. 402(e)(7)(A)) ceries. I think that is wrong. ways to reward government service, is amended— My bill does not repeal the govern- not the other way around. I believe (1) by inserting ‘‘the amount (if any) by that people who work hard and play by which the sum of such benefit (before reduc- ment pension offset entirely, but it will tion under this paragraph) and’’ after ‘‘two- allow retirees to keep more of what the rules should not be penalized by ar- cane, legislative technicalities. thirds of ’’; and they deserve. It guarantees that those (2) by inserting ‘‘exceeds the amount de- subject to the offset can keep at least Frankly, I would like to repeal the scribed in subsection (z) for such month,’’ be- $1200 a month in combined retirement offset all together. But, I realize that fore ‘‘if ’’. income. With my modification, the 2/3 budget considerations make that un- (d) WIDOWER’S INSURANCE BENEFITS.—Sec- offset would apply only to the com- likely. As a compromise, I hope we can tion 202(f)(2)(A) of such Act (42 U.S.C. bined benefit that exceeds $1200 a agree that retirees who have worked 402(f)(2)(A)) is amended— (1) by inserting ‘‘the amount (if any) by month. So, in the example above, the hard all their lives should not have this offset applied until their combined which the sum of such benefit (before reduc- surviving spouse would face only a $30 tion under this paragraph) and’’ after ‘‘two- offset, allowing her to keep $1215 in monthly benefit, both government pen- thirds of ’’; and monthly income. sion and Social Security spousal ben- (2) by inserting ‘‘exceeds the amount de- Unfortunately, the current law dis- efit, exceeds $1,200. scribed in subsection (z) for such month,’’ be- proportionately affects women. Women I also strongly believe that we should fore ‘‘if ’’. are more likely to receive Social Secu- ensure that retirees buying power (e) MOTHER’S AND FATHER’S INSURANCE rity spousal benefits and to have keeps up with the cost of living. That’s BENEFITS.—Section 202(g)(4)(A) of such Act (42 U.S.C. 402(g)(4)(A)) is amended— worked in low-paying or short-term why I have also included a provision in this legislation to index the $1,200 (1) by inserting ‘‘the amount (if any) by government positions while they were which the sum of such benefit (before reduc- raising families. It is also true that amount to inflation so retirees will see tion under this paragraph) and’’ after ‘‘two- women receive smaller government their minimum benefits increase along thirds of ’’; and pensions because of their lower earn- with the cost of living. (2) by inserting ‘‘exceeds the amount de- ings, and rely on Social Security bene- The Social Security Administration scribed in subsection (z) for such month,’’ be- fits to a greater degree. My modifica- recently estimated that enacting the fore ‘‘if ’’. tion will allow these women who have provisions contained in my bill will (f) AMOUNT DESCRIBED.—Section 202 of such have a minimal long-term impact on Act (42 U.S.C. 402) is amended by adding at contributed years of important govern- the end the following: ment service and family service to rely the Social Security Trust Fund—about ‘‘(z) The amount described in this sub- on a larger amount of retirement in- 0.01 percent of taxable payroll. Addi- section is, for months in each 12-month pe- come. tionally, my bill is bipartisan and is riod beginning in December of 2003, and each The last time Congress passed a bill strongly supported by CARE, the Coali- succeeding calendar year, the greater of— significantly effecting Social Security tion to Assure Retirement Equity with ‘‘(1) $1200; or benefits was in 1999. At that time, the 43 member organizations including the ‘‘(2) the amount applicable for months in Senate unanimously voted for and the preceding 12-month period, increased by National Association of Retired Fed- the cost-of-living adjustment for such period passed H.R. 5, The Senior Citizens’ eral Employees, NARFE, the American determined for an annuity under section 8340 Freedom to Work Act of 1999. This leg- Federation of Federal State County of title 5, United States Code (without regard islation ensured that senior citizens and Municipal Employees, AFSCME, to any other provision of law).’’. who choose to work or who must work the National Education Association, (g) LIMITATIONS ON REDUCTIONS IN BENE- can earn income after retirement with- NEA, and the National Treasury Em- FITS.—Section 202 of such Act (42 U.S.C. 402), out losing a portion of their Social Se- ployees Union, NTEU. as amended by subsection (f), is amended by adding at the end the following: curity benefit. That law helps senior I urge my colleagues to join me in ‘‘(aa) For any month after December 2003, citizens who earn above $17,000 per this effort and support my legislation in no event shall an individual receive a re- year. In contrast, my bill specifically to modify the Government Pension Off- duction in a benefit under subsection targets those with much lower retire- set. I ask unanimous consent that the (b)(4)(A), (c)(2)(A), (e)(7)(A), (f)(2)(A), or ment incomes around $13,000 per year text of my bill be printed in the (g)(4)(A) for the month that is more than the and less. I believe that we must work RECORD. reduction in such benefit that would have to ensure a safety net for all of our sen- There being no objection, the bill was applied for such month under such sub- sections as in effect on December 1, 2003.’’. iors—including those retired federal ordered to be printed in the RECORD, as employees who every day are forced to SEC. 3. EFFECTIVE DATE. follows: The amendments made by section 1 shall make difficult choices between rent, S. 363 apply with respect to monthly insurance food, and prescription drugs due to the Be it enacted by the Senate and House of Rep- benefits payable under title II of the Social drastic effects of the government pen- resentatives of the United States of America in Security Act for months after December sion offset. Congress assembled, 2003.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2222 CONGRESSIONAL RECORD — SENATE February 11, 2003 STATEMENTS ON SUBMITTED islation as it deems advisable, to the Senate activity have infiltrated lawful business en- RESOLUTIONS at the earliest practicable date, but not later terprise, and to study the adequacy of Fed- than February 28, 2005. eral laws to prevent the operations of orga- SEC. 3. EXPENSES; AGENCY CONTRIBUTIONS; nized crime in interstate or international SENATE RESOLUTION 51—AUTHOR- AND INVESTIGATIONS. commerce; and to determine whether any (a) EXPENSES OF THE COMMITTEE.— IZING EXPENDITURES BY THE changes are required in the laws of the (1) IN GENERAL.—Except as provided in United States in order to protect the public COMMITTEE ON GOVERNMENTAL paragraph (2), any expenses of the committee against such practices or activities; AFFAIRS under this resolution shall be paid from the (D) all other aspects of crime and lawless- Ms. COLLINS (for herself and Mr. contingent fund of the Senate upon vouchers approved by the chairman of the committee. ness within the United States which have an LIEBERMAN) submitted the following (2) VOUCHERS NOT REQUIRED.—Vouchers impact upon or affect the national health, resolution; which was referred to the shall not be required for— welfare, and safety; including but not lim- Committee on Rules and Administra- (A) the disbursement of salaries of employ- ited to investment fraud schemes, com- tion: ees of the committee who are paid at an an- modity and security fraud, computer fraud, S. RES. 51 nual rate; and the use of offshore banking and cor- Resolved, (B) the payment of telecommunications ex- porate facilities to carry out criminal objec- penses provided by the Office of the Sergeant tives; SECTION 1. COMMITTEE ON GOVERNMENTAL AF- FAIRS. at Arms and Doorkeeper; (E) the efficiency and economy of oper- (C) the payment of stationery supplies pur- (a) GENERAL AUTHORITY.—In carrying out ations of all branches and functions of the its powers, duties, and functions under the chased through the Keeper of Stationery; Government with particular reference to— Standing Rules of the Senate, in accordance (D) payments to the Postmaster of the (i) the effectiveness of present national se- with its jurisdiction under rule XXV of such Senate; curity methods, staffing, and processes as rules, including holding hearings, reporting (E) the payment of metered charges on tested against the requirements imposed by such hearings, and making investigations as copying equipment provided by the Office of the rapidly mounting complexity of national authorized by paragraphs 1 and 8 of rule the Sergeant at Arms and Doorkeeper; security problems; XXVI of the Standing Rules of the Senate, (F) the payment of Senate Recording and (ii) the capacity of present national secu- the Committee on Governmental Affairs (re- Photographic Services; or rity staffing, methods, and processes to (G) for payment of franked and mass mail ferred to in this resolution as the ‘‘com- make full use of the Nation’s resources of costs by the Sergeant at Arms and Door- mittee’’) is authorized from March 1, 2003, knowledge and talents; keeper, United States Senate. through February 28, 2005, in its discretion— (iii) the adequacy of present intergovern- (b) AGENCY CONTRIBUTIONS.—There are au- (1) to make expenditures from the contin- thorized such sums as may be necessary for mental relations between the United States gent fund of the Senate; agency contributions related to the com- and international organizations principally (2) to employ personnel; and pensation of employees of the committee for concerned with national security of which (3) with the prior consent of the Govern- the period March 1, 2003, through September the United States is a member; and ment department or agency concerned and 30, 2003, for the period October 1, 2003, (iv) legislative and other proposals to im- the Committee on Rules and Administration, through September 30, 2004, and for the pe- prove these methods, processes, and relation- to use on a reimbursable, or nonreimburs- riod October 1, 2004, through February 28, ships; able, basis the services of personnel of any 2005, to be paid from the appropriations ac- (F) the efficiency, economy, and effective- such department or agency. count for ‘‘Expenses of Inquiries and Inves- ness of all agencies and departments of the (b) EXPENSES FOR PERIOD ENDING SEP- tigations’’ of the Senate. Government involved in the control and TEMBER 30, 2003.—The expenses of the com- (c) INVESTIGATIONS.— management of energy shortages including, mittee for the period March 1, 2003, through (1) IN GENERAL.—The committee, or any but not limited to, their performance with September 30, 2003, under this section shall duly authorized subcommittee of the com- respect to— not exceed $4,764,738, of which amount— mittee, is authorized to study or inves- (i) the collection and dissemination of ac- (1) not to exceed $75,000, may be expended tigate— curate statistics on fuel demand and supply; for the procurement of the services of indi- (A) the efficiency and economy of oper- vidual consultants, or organizations thereof ations of all branches of the Government in- (ii) the implementation of effective energy (as authorized by section 202(i) of the Legis- cluding the possible existence of fraud, mis- conservation measures; lative Reorganization Act of 1946 (2 U.S.C. feasance, malfeasance, collusion, mis- (iii) the pricing of energy in all forms; 72a(i))); and management, incompetence, corruption, or (iv) coordination of energy programs with (2) not to exceed $20,000, may be expended unethical practices, waste, extravagance, State and local government; for the training of the professional staff of conflicts of interest, and the improper ex- (v) control of exports of scarce fuels; the committee (under procedures specified penditure of Government funds in trans- (vi) the management of tax, import, pric- by section 202(j) of that Act). actions, contracts, and activities of the Gov- ing, and other policies affecting energy sup- (c) EXPENSES FOR FISCAL YEAR 2004 PE- ernment or of Government officials and em- plies; RIOD.—The expenses of the committee for the ployees and any and all such improper prac- (vii) maintenance of the independent sec- period October 1, 2003, through September 30, tices between Government personnel and tor of the petroleum industry as a strong 2004, under this section shall not exceed corporations, individuals, companies, or per- competitive force; $8,387,779, of which amount— sons affiliated therewith, doing business (viii) the allocation of fuels in short supply (1) not to exceed $75,000, may be expended with the Government; and the compliance or by public and private entities; for the procurement of the services of indi- noncompliance of such corporations, compa- (ix) the management of energy supplies vidual consultants, or organizations thereof nies, or individuals or other entities with the owned or controlled by the Government; (as authorized by section 202(i) of the Legis- rules, regulations, and laws governing the (x) relations with other oil producing and lative Reorganization Act of 1946 (2 U.S.C. various governmental agencies and its rela- consuming countries; 72a(i))); and tionships with the public; (xi) the monitoring of compliance by gov- (2) not to exceed $20,000, may be expended (B) the extent to which criminal or other ernments, corporations, or individuals with for the training of the professional staff of improper practices or activities are, or have the laws and regulations governing the allo- the committee (under procedures specified been, engaged in the field of labor-manage- cation, conservation, or pricing of energy by section 202(j) of that Act). ment relations or in groups or organizations supplies; and (d) EXPENSES FOR PERIOD ENDING FEBRUARY of employees or employers, to the detriment (xii) research into the discovery and devel- 28, 2005.—For the period October 1, 2004, of interests of the public, employers, or em- opment of alternative energy supplies; and through February 28, 2005, expenses of the ployees, and to determine whether any (G) the efficiency and economy of all committee under this section shall not ex- changes are required in the laws of the branches and functions of Government with ceed $3,576,035, of which amount— United States in order to protect such inter- (1) not to exceed $75,000, may be expended ests against the occurrence of such practices particular references to the operations and for the procurement of the services of indi- or activities; management of Federal regulatory policies vidual consultants, or organizations thereof (C) organized criminal activity which may and programs. (as authorized by section 202(i) of the Legis- operate in or otherwise utilize the facilities (2) EXTENT OF INQUIRIES.—In carrying out lative Reorganization Act of 1946); and of interstate or international commerce in the duties provided in paragraph (1), the in- (2) not to exceed $20,000, may be expended furtherance of any transactions and the quiries of this committee or any sub- for the training of the professional staff of manner and extent to which, and the iden- committee of the committee shall not be the committee (under procedures specified tity of the persons, firms, or corporations, or construed to be limited to the records, func- by section 202(j) of that Act). other entities by whom such utilization is tions, and operations of any particular SEC. 2. REPORTING LEGISLATION. being made, and further, to study and inves- branch of the Government and may extend The committee shall report its findings, tigate the manner in which and the extent to to the records and activities of any persons, together with such recommendations for leg- which persons engaged in organized criminal corporation, or other entity.

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2223 (3) SPECIAL COMMITTEE AUTHORITY.—For these victimized children hope for the fu- SENATE RESOLUTION 53—AUTHOR- the purposes of this subsection, the com- ture; and IZING EXPENDITURES BY THE mittee, or any duly authorized sub- (C) the faith community, nonprofit organi- COMMITTEE ON VETERANS’ AF- committee of the committee, or its chair- zations, and volunteers across America FAIRS man, or any other member of the committee should recommit themselves and mobilize or subcommittee designated by the chair- their resources to assist these abused and ne- Mr. SPECTER submitted the fol- man, from March 1, 2003, through February glected children; and lowing resolution; from the Committee 28, 2005, is authorized, in its, his, or their dis- (2) the Senate— on Veterans’ Affairs; which was re- cretion— (A) supports the goals and ideas of the ferred to the Committee on Rules and (A) to require by subpoena or otherwise the ‘‘Day of Hope’’, which was initiated by Administration: attendance of witnesses and production of Childhelp USA and will be observed on April S. RES. 53 correspondence, books, papers, and docu- 2, 2003, as part of Child Abuse Prevention ments; Month; and Resolved, That, in carrying out its powers, (B) to hold hearings; (B) commends Childhelp USA for all of its duties, and functions under the Standing (C) to sit and act at any time or place dur- efforts on behalf of abused and neglected Rules of the Senate, in accordance with its ing the sessions, recess, and adjournment pe- children throughout the United States. jurisdictions under rule XXV of such rules, riods of the Senate; including holding hearings, reporting such (D) to administer oaths; and Mr. CAMPBELL. Mr. President, hearings, and making investigations as au- (E) to take testimony, either orally or by today I am submitting a resolution de- thorized by paragraphs 1 and 8 of rule XXVI sworn statement, or, in the case of staff claring Wednesday, April 2, 2003, as a of the Standing Rules of the Senate, the members of the Committee and the Perma- Committee on Veterans’ Affairs is author- National Day of Hope dedicated to re- ized from March 1, 2003, through September nent Subcommittee on Investigations, by membering the victims of child abuse deposition in accordance with the Com- 30, 2003; October 1, 2003, through September mittee Rules of Procedure. and neglect and recognizing Childhelp 30, 2004; and October 1, 2004, through Feb- (4) AUTHORITY OF OTHER COMMITTEES.— USA for initiating such a day. I am ruary 28, 2005, in its discretion (1) to make Nothing contained in this subsection shall pleased to be joined in this effort by expenditures from the contingent fund of the Senate, (2) to employ personnel, and (3) with affect or impair the exercise of any other my colleagues Senators CRAIG, LIN- the prior consent of the Government depart- standing committee of the Senate of any COLN, HATCH, LOTT, DORGAN, LANDRIEU, power, or the discharge by such committee ment or agency concerned and the Com- KOHL, INHOFE, DOMENICI, SPECTER, of any duty, conferred or imposed upon it by mittee on Rules and Administration, to use the Standing Rules of the Senate or by the BIDEN, and ALLEN who are original co- on a reimbursable or non-reimbursable basis Legislative Reorganization Act of 1946. sponsors of the resolution. the services of personnel of any such depart- ment or agency. (5) SUBPOENA AUTHORITY.—All subpoenas This resolution is similar to one I in- and related legal processes of the committee SEC. 2. (a) The expenses of the committee and its subcommittee authorized under S. troduced in the 107th Congress, S. Res. for period March 1, 2003, through September Res. 54, agreed to March 8, 2001 (107th Con- 132, which passed the Senate by unani- 30, 2003, under this resolution shall not ex- gress) are authorized to continue. mous consent on May 22, 2002. It ex- ceed $1,112,475, of which amount (1) not to ex- presses the sense of Congress that we ceed $59,000 may be expended for the procure- ment of the services of individual consult- SENATE RESOLUTION 52—RECOG- must break the cycle of child abuse and ants, or organizations thereof (as authorized NIZING THE SOCIAL PROBLEM neglect by mobilizing all our resources by section 202(i) of the Legislative Reorga- OF CHILD ABUSE AND NEGLECT, including the faith community, non- nization Act of 1946, as amended), and (2) not AND SUPPORTING EFFORTS TO profit organizations and volunteers. to exceed $5,900 may be expended for the training of the professional staff of such ENHANCE PUBLIC AWARENESS The resolution also recognizes committee (under procedures specified by OF THE PROBLEM Childhelp USA for focusing its efforts section 202(j) of the Legislative Reorganiza- Mr. CAMPBELL (for himself, Mr. on prevention and research as well as tion Act of 1946). (b) For the period October 1, 2003, through CRAIG, Mrs. LINCOLN, Mr. HATCH, Mr. on treatment. Childhelp USA is one of our oldest national organizations dedi- September 30, 2004, expenses of the com- LOTT, Mr. DORGAN, Ms. LANDRIEU, Mr. mittee under this resolution shall not exceed KOHL, Mr. INHOFE, Mr. DOMENICI, Mr. cated to meeting the needs of abused $1,958,451, of which amount (1) not to exceed SPECTER, Mr. BIDEN, and Mr. ALLEN) and neglected children. Childhelp and $100,000 may be expended for the procure- submitted the following resolution; many other non-profits or faith-based ment of the services of individual consult- which was referred to the Committee organizations nationwide are per- ants, or organizations thereof (as authorized on the Judiciary: forming a vital service to these chil- by section 202(I) of the Legislative Reorga- nization Act of 1946, as amended), and (2) not S. RES. 52 dren that they would not have other- to exceed $10,000 may be expended for the Whereas approximately 3,000,000 reports of wise, and they are to be commended for training of the professional staff of such suspected or known child abuse and neglect their efforts. committee (under procedures specified by involving 5,000,000 American children are More than 3 million children are re- section 202(j) of the Legislative Reorganiza- made to child protective service agencies ported as suspected victims of child tion Act of 1946). each year; (c) For the period October 1, 2004, through Whereas 588,000 American children are un- abuse and neglect each year. That is 3 February 28, 2005, expenses of the committee able to live safely with their families and are million children too many. And, it is under this resolution shall not exceed placed in foster homes and institutions; estimated that more than 1200 children $834,987, of which amount (1) not to exceed Whereas it is estimated that more than lose their lives as a direct result of $42,000 may be expended for the procurement 1,200 children, 85 percent of whom are under abuse and neglect every year. That is of the services of individual consultants, or the age of 6 years and 44 percent of whom are not acceptable. We must do something organizations thereof (as authorized by sec- under the age of 1 year, lose their lives as a tion 202(i) of the Legislative Reorganization direct result of abuse and neglect every year to change these disturbing statistics. Act of 1946, as amended), and (2) not to ex- in America; I know first-hand the importance of ceed $4,200 may be expended for the training Whereas this tragic social problem results having help when it is needed. The Na- of the professional staff of such committee in human and economic costs due to its rela- tional Day of Hope Resolution calls on under procedures specified by section 202(j) tionship to crime and delinquency, drug and of the Legislative Reorganization Act of alcohol abuse, domestic violence, and wel- each of us to renew our duty and re- 1946). fare dependency; and sponsibility to the vulnerable children SEC. 3. The committee shall report its find- Whereas Childhelp USA has initiated a and families caught in the cycle of ings, together with such recommendation for ‘‘Day of Hope’’ to be observed on Wednesday, child abuse and neglect. legislation as it deems advisable, to the Sen- April 2, 2003, during Child Abuse Prevention ate at the earliest practicable date, but not Month, to focus public awareness on this so- While we are encouraged by the ef- later than February 28, 2004, and February cial ill: Now, therefore, be it forts of many organizations nation- 28, 2005, respectively. Resolved, That— wide, more needs to be done. That is SEC. 4. Expenses of the committeed under (1) it is the sense of the Senate that— why we urge our colleagues to act this resolution shall be paid from the contin- (A) all Americans should keep the victims quickly on this resolution so we can gent fund of the Senate upon vouchers ap- of child abuse and neglect in their thoughts proved by the chairman of the committee, and prayers; move another step closer to erasing the except that vouchers shall not be required (B) all Americans should seek to break the horror of child abuse from our Nation’s for (1) the disbursement of salaries of em- cycle of child abuse and neglect and to give history. ployees paid at an annual rate, or (2) for the

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2224 CONGRESSIONAL RECORD — SENATE February 11, 2003 payment of telecommunications provided by shall make available through a centralized tained by Members and Committees of the the Office of the Sergeant at Arms and Door- electronic system, for purposes of access and Senate. keeper, United States Senate, or (3) for the retrieval by the public under section 4 of this (2) PUBLIC RECORDS.—Public access to in- payment stationery supplies purchased resolution, all information described in para- formation made available under section 3 by through the Keeper of Stationery, United graph (2) that is available through the Con- the Secretary of the Senate’s Office of Public States Senate, or (4) for payments to the gressional Research Service website. Records shall be provided through the United Postmaster, United States Senate, or (5) for (2) INFORMATION TO BE MADE AVAILABLE.— States Senate website. the payment of metered charges on copying The information to be made available under (b) EDITORIAL RESPONSIBILITY FOR CRS RE- equipment provided by the Office of the Ser- paragraph (1) is: PORTS ONLINE.—The Sergeant-at-Arms of the geant at Arms and Doorkeeper, United (A) Congressional Research Service Issue Senate is responsible for maintaining and States Senate, or (6) for the payment of Sen- Briefs. updating the information made available on ate Recording and Photographic Services, or (B) Congressional Research Service Re- the Internet under section 2. (7) for payment of franked and mass mail ports that are available to Members of Con- SEC. 5. CONGRESSIONAL COMMITTEE MATE- costs by the Sergeant at Arms and Door- gress through the Congressional Research RIALS. keeper, United States Senate. Service website. It is the sense of the Senate that each SEC. 5. There are authorized such sums as (C) Congressional Research Service Au- standing and special Committee of the Sen- may be necessary for agency contributions thorization of Appropriations Products and ate and each Joint Committee of the Con- related to the compensation of employees of Appropriations Products. gress, in accordance with such rules as the the committee from March 1, 2003, through (b) LIMITATIONS.— committee may adopt, should provide access September 30, 2003; October 1, 2003, through (1) CONFIDENTIAL INFORMATION.—Sub- via the Internet to publicly-available com- September 30, 2004; and October 1, 2004, section (a) does not apply to— mittee information, documents, and pro- through February 28, 2005, to be paid from (A) any information that is confidential, as ceedings, including bills, reports, and official the appropriations account for ‘‘Expenses of determined by— transcripts of committee meetings that are Inquiries and Investigations.’’ (i) the Director; or open to the public. (ii) the head of a Federal department or SEC. 6. IMPLEMENTATION. SENATE RESOLUTION 54—TO PRO- agency that provided the information to the The Sergeant-at-Arms of the Senate shall VIDE INTERNET ACCESS TO CER- Congressional Research Service; or establish the database described in section TAIN CONGRESSIONAL DOCU- (B) any documents that are the product of 2(a) within 6 months after the date of adop- tion of this resolution. MENTS, INCLUDING CERTAIN an individual, office, or committee research request (other than a document described in CONGRESSIONAL RESEARCH SEC. 7. GAO STUDY. subsection (a)(2)). (a) IN GENERAL.—Beginning 1 year after SERVICE PUBLICATIONS, CER- (2) REDACTION AND REVISION.—In carrying the date on which the database described in TAIN SENATE GIFT REPORTS, out this section, the Sergeant-at-Arms of the section 2(a) is established, the Sergeant-at- AND SENATE AND JOINT COM- Senate, in consultation with the Director of Arms shall request the Comptroller General MITTEE DOCUMENTS the Congressional Research Service, may— to examine the cost of implementing this (A) remove from the information required resolution, other than this section, with par- Mr. McCAIN (for himself, Mr. LEAHY, to be made available under subsection (a) the ticular attention to the cost of establishing Mr. LIEBERMAN, and Mr. HARKIN) sub- name and phone number of, and any other and maintaining the database and submit a mitted the following resolution; which information regarding, an employee of the report within 6 months thereafter. The Ser- was referred to the Committee on Congressional Research Service; geant-at-Arms shall ask the Comptroller Rules and Administration: (B) remove from the information required General to include in the report rec- S. RES. 54 to be made available under subsection (a) ommendations on how to make operations any material for which the Director deter- Whereas it is the sense of the Senate under this resolution more cost-effective, mines that making it available under sub- that— and such other recommendations for admin- section (a) may infringe the copyright of a (1) it is often burdensome, difficult, and istrative changes or changes in law, as the work protected under title 17, United States time-consuming for citizens to obtain access Comptroller General may determine to be Code; and to public records of the United States Con- appropriate. (C) make any changes in the information (b) DELIVERY.—The Sergeant-at-Arms shall gress; required to be made available under sub- transmit a copy of the Comptroller General’s (2) congressional documents that are section (a) that the Director determines nec- report under subsection (a) to— placed in the Congressional Record are made essary to ensure that the information is ac- (1) the Senate Committee on Rules and Ad- available to the public electronically by the curate and current. ministration; Superintendent of Documents under the di- (c) MANNER.—The Sergeant-at-Arms of the (2) the Senate Committee on Commerce, rection of the Public Printer; Senate, in consultation with the Director of Science, and Transportation; (3) other congressional documents are also the Congressional Research Service, shall (3) the Senate Committee on the Judiciary; made available electronically on websites make the information required under this and maintained by Members of Congress and section available in a manner that is prac- (4) the Joint Committee of the Congress on Committees of the Senate and the House of tical and reasonable. the Library of Congress. Representatives; (4) a wide range of public records of the SEC. 3. PUBLIC RECORDS OF THE SENATE. Mr. MCCAIN. Mr. President, I am Congress remain inaccessible to the public; (a) IN GENERAL.—The Secretary of the Sen- pleased to be joined today by Senators ate, through the Office of Public Records and (5) the public should have easy and timely LEAHY, LIEBERMAN, and HARKIN in sub- in accordance with such standards as the access, including electronic access, to public mitting a resolution to make Congres- records of the Congress; Secretary may prescribe, shall make reports required under paragraph 2(a)(1)(B) and para- sional Research Service, CRS, reports, (6) the Congress should use new tech- and other Senate documents, accessible nologies to enhance public access to public graph 4(b) of Rule XXXV of the Standing records of the Congress; and Rules of the Senate available on the Internet over the Internet to the American peo- (7) an informed electorate is the most pre- for purposes of access and retrieval by the ple. cious asset of any democracy; and public within 10 days (Saturdays, Sundays, CRS is well-known for producing Whereas it is the sense of the Senate that and holidays excepted) after they are re- high quality reports and issue briefs it will foster democracy— ceived. that are concise, factual, and unbi- (1) to ensure public access to public records (b) DIRECTORY.—The Superintendent of ased—a rarity in Washington. Many of Documents, under the Direction of the Pub- of the Congress; us rely on the work of CRS to make de- (2) to improve public access to public lic Printer in the Government Printing Of- fice, shall include information about the doc- cisions on a wide variety of diverse leg- records of the Congress; and islative proposals, such as formulating (3) to enhance the electronic public access, uments made available on the Internet under including access via the Internet, to public this section in the electronic directory of policies on homeland security, deter- records of the Congress: Now, therefore, be it Federal electronic information required by mining the implications of war with Resolved, That the Sergeant-at-Arms of the section 4101(a)(1) of title 44, United States Iraq, contemplating the future of the Senate shall make information available to Code. Internet, developing health care re- the public in accordance with the provisions SEC. 4. METHOD OF ACCESS. form, and analyzing tax policy. Also, of this resolution. (a) IN GENERAL.—The information required we routinely send CRS reports to our to be made available to the public on the SEC. 2. AVAILABILITY OF CERTAIN CRS INFORMA- constituents in order to help them un- TION. Internet under this resolution shall be made (a) AVAILABILITY OF INFORMATION.— available as follows: derstand the important issues of our (1) IN GENERAL.—The Sergeant-at-Arms of (1) CRS INFORMATION.—Public access to in- time. the Senate, in consultation with the Direc- formation made available under section 2 The sponsors of this resolution be- tor of the Congressional Research Service, shall be provided through the websites main- lieve that it is important for the public

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2225 to have access to these CRS reports. maintenance of the system over to the useful congressional documents on the Inter- The American public paid over $81 mil- Senate Sergeant-at-Arms. In addition, net, including Congressional Research Serv- lion to fund CRS’s operations in fiscal the Senate Sergeant-at-Arms is di- ice (CRS) Reports and Issue Briefs, CRS Au- rected to ask the General Accounting thorization and Appropriation products, and year 2002 alone. The informational re- Senate gift disclosure reports. This resolu- ports covered by this resolution are not Office, GAO, to evaluate the program tion is a simple and inexpensive way to im- confidential or classified, and the pub- after one year to explore how to make prove our democracy. lic deserves to have access to them. the operations more cost-effective. Citizens need access to congressional docu- By making these reports publicly The resolution also would require the ments to discharge their civic duties. Re- available, the Senate will better serve Senate Office of Public Records to put grettable, the 20th Century has come and an important function in helping to in- other selected documents related to gone, and yet Congress still has not put Members’ receipt of honoraria and many of its most important documents on form their constituents. Members of the Internet. Your resolution will help fix the public will be able to read these travel reimbursement on the Internet. this problem. CRS products and receive a concise We have already voted to make this in- The Congressional Research Service is a summary of issues that concern them. formation available to the public. Un- taxpayer-funded research arm of Congress. These reports also will help voters fortunately, the public can only get ac- Their research materials are among the best make decisions and petition their leg- cess to this information by personally produced by the federal government. They visiting an office in the Hart building. explain, with fairness and clarity, the con- islators on how to best represent them. troversies and complexities surrounding the Currently, corporations, universities, This resolution would allow our con- stituents throughout the country to most pressing issues of our day. This re- and other well-heeled entities often search belongs on the Internet. Taxpayers hire former Members of Congress as access this information more readily. deserve easy access to the documents we pay lobbyists to get access to these reports. This resolution has been endorsed by for. However, the general public does not many groups, including the Project on We applaud the resolution’s directive that have access to these reports. Instead, Government Oversight, the Congres- Senate committees should ‘‘provide access sional Accountability Project, Intel, via the Internet to publicly-available com- the public has to obtain these reports Computer & Communications Industry mittee information, documents and pro- through independent companies, such Association, the Center for Democracy ceedings, including bills, reports, and official as Penny Hill Press, which charges al- transcripts of committee meetings that are and Technology, the American Library most $30 for each report. Otherwise, open to the public.’’ Association, SeeBeyond Technology In 1822, James Madison explained why citi- they must search through a variety of Corporation, and others. I ask unani- government and non-government web zens need such information: ‘‘A popular gov- mous consent that these letters of sup- ernment,’’ he wrote, ‘‘without popular infor- sites for outdated reports or get them port be printed in the RECORD. mation, or the means of acquiring it, is but from their Members of Congress I urge my colleagues to support this a Prologue to a Farce or a Tragedy; or, per- through the mail. It is not fair for the resolution. The Internet offers a unique haps both. Knowledge will forever govern ig- American people to have to pay a third opportunity to allow the American norance: And a people who mean to be their own Governors, must arm themselves with party or search all over the web for people to have everyday access to im- products for which they have already the power which knowledge gives.’’ portant information about their gov- Sincerely, footed the bill. ernment. American Association of Law Libraries; This resolution is drafted to set up a There being no objection, the letters American Library Association; Amer- system for distributing CRS Reports were ordered to be printed in the ican Society of Newspaper Editors; As- that is similar to a pilot program ongo- RECORD, as follows: sociation of Research Libraries; Center for Democracy and Technology; Center ing in the House of Representatives. SEEBEYOND, Under our resolution, the Senate Ser- Reston, VA, February 11, 2003. for Digital Democracy; Center for Re- sponsive Politics, Common Cause; geant-at-Arms would establish and Senator JOHN MCCAIN, maintain a system for distribution of Chairman, Committee on Commerce, Science and Computer & Communications Industry Transportation, U.S. Senate, Washington, Association; Computer Professionals CRS documents. The public would only for Social Responsibility; Congres- DC. be able to access these documents sional Accountability Project; Con- through Senators’ or Senate Commit- DEAR CHAIRMAN MCCAIN: We are writing to express our support for the Congressional sumer Federation of America; Con- tees’ web pages. This system would Openness Act that allows constituents easier sumer Project on Technology; Elec- allow Senators and Committee Chair- and faster access to information through the tronic Frontier Foundation; Electronic men to be able to choose which docu- Internet, and to urge quick Senate passage Privacy Information Center. ments are made available to the public of the bill. Federation of American Scientists; Friends of the Earth; Green Party of through their web page. SeeBeyond is a software technology com- pany that enables Government agencies to the United States; Medical Library As- This resolution also includes other sociation; National Federation of Press safeguards to ensure that CRS is able communicate and share vital information in real time to other federal agencies, state and Women; National Security Archive; to carry out its mission. Confidential local Governments and most importantly National Taxpayers Union; National information and reports done for con- constituents. Newspaper Association; OMB Watch; fidential research requests would not The bill allows better ways for the Govern- Project on Government Oversight; Pub- be made available to the public. The ment to share information, documents and lic Citizen; Reporters Committee for resolution provides authorization for proceedings, including bills, reports and Freedom of the Press; Society of Pro- the Senate Sergeant-at-Arms to re- transcripts of committee meetings that edu- fessional Journalists; Taxpayers for cate the public, and we commend your ef- Common Sense; Union of Concerned move the names of CRS employees forts to further the Federal Government’s Scientists; U.S. Public Interest Re- from these products to prevent the work in this area. search Group (USPIRG). public from distracting CRS employ- We are pleased to offer you our support of Mr. LEAHY. Mr. President, I am ees. In addition, the Senate Sergeant- this legislation and to encourage its swift pleased to join today with Senator passage by the full Senate. at-Arms would be authorized to remove MCCAINE to submit our bipartisan reso- Sincerely, copyrighted information from the pub- lution to make Congressional Research licly-available reports. This resolution SAM MACCHEROLA, Vice President, Public Sector, Service products available over the would ensure that the CRS’ mission is SeeBeyond Technology Corp. Internet to the American people. I also not altered in any way, and that it can- want to thank the Project on Govern- not be open to liability suits. CONGRESSIONAL ACCOUNTABILITY ment Oversight for its excellent report Finally, we recognize that cost con- PROJECT, on the need for access to CRS informa- cerns had been raised about prior Portland, OR, February 11, 2003. tion. versions of this legislation introduced Senator JOHN MCCAIN, The Congressional Research Service in past Congresses. Yet, our under- U.S. Senate, Russell Senate Office Building, has a well-known reputation for pro- standing is that the House system of Washington, DC. ducing high-quality reports and infor- distribution has been achieved at a rel- Senator PATRICK LEAHY, U.S. Senate, Russell Senate Office Building, mation briefs that are unbiased, con- atively low cost. We have designed this Washington, DC. cise and accurate. The taxpayers of resolution to eliminate the cost burden DEAR SENATORS MCCAIN AND LEAHY: We this country, who pay millions of dol- to CRS by shifting the operation and heartily endorse your resolution to place lars a year to fund the CRS, deserve

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2226 CONGRESSIONAL RECORD — SENATE February 11, 2003 speedy access to these public resources SENATE CONCURRENT RESOLU- transatlantic community, of which we are a and have a right to see that their TION 4—WELCOMING THE EX- part, must stand together to face the threat money is being spent well. PRESSION OF SUPPORT OF 18 posed by the nexus of terrorism and dic- EUROPEAN NATIONS FOR THE tators with weapons of mass destruction.’’; The goal of our bipartisan legislation Whereas The Ten stated, ‘‘[I]t has now be- is to allow every citizen the same ac- ENFORCEMENT OF UNITED NA- come clear that Iraq is in material breach of cess to the wealth of CRS information TIONS SECURITY COUNSEL RES- United Nations Security Council resolutions, as a Member of Congress enjoys today. OLUTION 1441 including United Nations Resolution 1441. CRS performs invaluable research and Mr. MCCAIN (for himself, Mr. LIE- . . . The clear and present danger posed by BERMAN, Mr. GRAHAM of South Caro- Saddam Hussein’s regime requires a united produces first-rate reports on hundreds response from the community of democ- lina, and Mr. BAYH) submitted the fol- of topics. American taxpayers have racies. We call upon the United Nations Se- every right to have direct access to lowing concurrent resolution; which curity Council to take the necessary and ap- these wonderful resources. was referred to the Committee on For- propriate action in response to Iraq’s con- eign Relations: Our legislation ensures that private tinuing threat to international peace and se- S. CON. RES. 4 curity.’’: Now, therefore, be it CRS products will remain protected by Resolved by the Senate (the House of Rep- giving the CRS Director the authority Whereas on November 8, 2002, the United Nations Security Council approved Security resentatives concurring), That Congress wel- to hold back any products that are Council Resolution 1441 under Chapter VII of comes— deemed confidential. Moreover, the Di- the United Nations Charter by a vote of 15– (1) the expression of support from Albania, rector may protect the identity of CRS 0, giving Iraq ‘‘a final opportunity to comply Bulgaria, Croatia, the Czech Republic, Den- researchers and any copyrighted mate- with its disarmament obligations’’; mark, Estonia, Hungary, Italy, Latvia, Lith- rial. We can do both—protect confiden- Whereas on November 21, 2002, the North uania, Macedonia, Poland, Portugal, Roma- tial material and empower our citizens Atlantic Treaty Organization’s North Atlan- nia, Slovakia, Slovenia, Spain, and the tic Council unanimously approved a declara- United Kingdom for Iraq’s full compliance through electronic access to invaluable with Security Council Resolution 1441; and CRS products. tion stating, ‘‘We deplore Iraq’s failure to comply fully with its obligations which were (2) their expression of solidarity with the The Internet offers us a unique op- imposed as a necessary step to restore inter- United States in calling for the demands of portunity to allow the American people national peace and security and we recall the Security Council to be met with regard to Iraq’s full disarmament. to have everyday access to this public that the Security Council has decided in its information. Our bipartisan legislation resolution to afford Iraq a final opportunity f would harness the power of the Infor- to comply with its disarmament obligations under relevant resolutions of the Council.’’; NOTICES OF HEARINGS/MEETINGS mation Age to allow average citizens Whereas the North Atlantic Council stat- COMMITTEE ON RULES AND ADMINISTRATION to see these public records of the Sen- ed, ‘‘NATO Allies stand united in their com- Mr. LOTT. Mr. President, I wish to ate in their official form, in context mitment to take effective action to assist announce that the Committee on Rules and without editorial comment. and support the efforts of the United Nations and Administration will meet on to ensure full and immediate compliance by All of these reports are ‘‘public’’ for Iraq, without conditions or restrictions, with Thursday, February 13, 2003, at 10:30 only those who can afford to hire a United Nations Security Council Resolution a.m., to conduct its organization meet- lawyer or lobbyist, or who can afford to 1441. We recall that the Security Council in ings and to conduct a hearing on those physically travel to Washington to this resolution has warned Iraq that it will Senate Committees that have pre- visit the Office of Public Records in the face serious consequences as a result of its sented budgets above guidelines for the Hart Building and read them. Indeed, continued violation of its obligations.’’; 108th Congress. the Project on Government Oversight Whereas, on January 30, 2003, the Prime For further information regarding reports that over 150 registered lobby- Ministers of Denmark, Italy, Hungary, Po- this hearing, please contact Susan land, Portugal, Spain, and the United King- ists are former Members of Congress dom, and the President of the Czech Republic Wells at the Rules Committee on 224– who have automatic access to CRS doc- (‘‘The Eight’’), issued a declaration regard- 6352. uments. That is not very ‘‘public,’’ and ing Security Council Resolution 1441; f does almost nothing for the average Whereas in their declaration, The Eight voter in Vermont or the rest of this stated, ‘‘The transatlantic relationship must AUTHORITY FOR COMMITTEES TO country who does not have easy access not become a casualty of the current Iraqi MEET to Washington. regime’s persistent attempts to threaten COMMITTEE ON BANKING, HOUSING, AND URBAN world security. . . . The Iraqi regime and its AFFAIRS We can do better, and this resolution weapons of mass destruction represent a Mr. LOTT. Mr. President, I ask unan- does better. Under our resolution, any clear threat to world security. This danger imous consent that the Committee on citizen in any corner of this country has been explicitly recognized by the United Banking, Housing, and Urban Affairs with access to a computer at home, at Nations. All of us are bound by Security be authorized to meet during the ses- the office or at the public library will Council Resolution 1441, which was adopted sion of the Senate on Tuesday, Feb- be able to get on the Internet and get unanimously.’’; Whereas The Eight stated, ‘‘Resolution ruary 11, 2003, at 10 a.m., to conduct an these important congressional docu- 1441 is Saddam Hussein’s last chance to dis- oversight hearing on the semi-annual ments under our resolution. It allows arm using peaceful means. The opportunity monetary policy report of the Federal individual citizens to check the facts, to avoid greater confrontation rests with Reserve. The Committee will also vote to make comparisons, and to make up him. . . . Our governments have a common on the nomination of Mr. William H. their own minds. responsibility to face this threat. . . . [T]he Security Council must maintain its credi- Donaldson to be a member of the Secu- I commend the senior Senator from bility by ensuring full compliance with its rities and Exchange Commission. Arizona for his leadership on this and resolutions. We cannot allow a dictator to The PRESIDING OFFICER. Without similar issues. I share his desire for the systematically violate those resolutions. If objection, it is so ordered. American people to have electronic ac- they are not complied with, the Security COMMITTEE ON COMMERCE, SCIENCE, AND cess to many more congressional re- Council will lose its credibility and world TRANSPORTATION sources. I look forward to working with peace will suffer as a result.’’; Mr. LOTT. Mr. President, I ask unan- Whereas on February 5, 2003, the Foreign him in the coming days to let the in- imous consent that the Committee on formation age open up the Halls of Ministers of Albania, Bulgaria, Croatia, Es- tonia, Latvia, Lithuania, Macedonia, Roma- Commerce, Science, and Transpor- Congress to all our citizens. nia, Slovakia, and Slovenia (‘‘The Ten’’) tation be authorized to meet on Tues- As Thomas Jefferson wrote, ‘‘Infor- issued a declaration regarding Security day, February 11, 2003, at 9:30 a.m. on mation is the currency of democracy.’’ Council Resolution 1441; FAA reauthorization. Our democracy is stronger if all citi- Whereas in their declaration, The Ten stat- THE PRESIDING OFFICER. Without zens have equal access to at least the ed, ‘‘[T]he United States [has] presented objection, it is so ordered. compelling evidence to the United Nations ‘‘congressional-type’’ of currency, and Security Council detailing Iraq’s weapons of COMMITTEE ON ENERGY AND NATURAL that is something in which Members on mass destruction programs, its active efforts RESOURCES both sides of the aisle can celebrate to deceive United Nations inspectors, and its Mr. LOTT. Mr. President, I ask unan- and join. links to international terrorism. . . . The imous consent that the Committee on

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 2003 CONGRESSIONAL RECORD — SENATE S2227 Energy and Natural Resources be au- COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without thorized to meet during the session of COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. AND PENSIONS the Senate on Tuesday, February 11 at f 10 a.m. to consider the president’s pro- Mr. LOTT. Mr. President, I ask unan- posed FY 2004 budget for the Depart- imous consent that the Committee on REMOVAL OF INJUNCTION OF SE- ment of the Interior. the Judiciary be authorized to meet to CRECY—TREATY DOCUMENT NO. THE PRESIDING OFFICER. Without conduct a joint hearing on ‘‘Patient 108–2 objection, it is so ordered. Access Crisis: The Role of the Medical Mr. HATCH. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL Litigation’’ on Tuesday, February 11, unanimous consent that the injunction RESOURCES 2003 in Dirksen Room 106 at 2:30 p.m. of secrecy be removed from the fol- Mr. LOTT. Mr. President, I ask unan- lowing treaty transmitted to the Sen- Witness List imous consent that the Committee on ate on February 11, 2003, by the Presi- Energy and Natural Resources be au- Laurie Peel, Raleigh, NC, Linda dent of the United States: thorized to meet during the session of McDougal, Woodville, Wisconsin, Amendments to the 1987 Treaty on the Senate on Tuesday, February 11, at Leanne Dyess, Vicksburg, MS, Jay Fisheries with Pacific Island States 2:30 p.m. to consider the nomination of Angoff, Of Counsel, Roger G. Brown & (Treaty Document No. 108–2). Joseph T. Kelliher to be a member of Associates, Jefferson City, MO, Jose´ I further ask that the treaty be con- the Federal Energy Regulatory Com- Montemayor, Commissioner of Insur- sidered as having been read the first mission. ance, Austin, TX, Shelby Wilbourn, time; that it be referred, with accom- THE PRESIDING OFFICER. Without MD, Physician, on behalf of the Amer- panying papers, to the Committee on objection, it is so ordered. ican College of Obstetrics and Gyne- Foreign Relations and ordered to be COMMITTEE ON FINANCE cology, Belfast, ME, Lawrence E. printed; and that the President’s mes- Mr. LOTT. Mr. President, I ask unan- Smarr, President, Physician Insurers sage be printed in the RECORD. imous consent that the Committee on Association of America, Rockville, MD. The PRESIDING OFFICER. Without Finance be authorized to meet during The PRESIDING OFFICER. Without objection, it is so ordered. the session on Tuesday, February 11, objection, it is so ordered. The message of the President is as 2003, at 10 a.m., to hear testimony on SELECT COMMITTEE ON INTELLIGENCE follows: Mr. LOTT. Mr. President, I ask unan- Examination of Proposals for Eco- To the Senate of the United States: nomic Growth and Job Creation: Incen- imous consent that the Select Com- With a view to receiving the advice tives for Consumption. mittee on Intelligence be authorized to and consent of the Senate to ratifica- THE PRESIDING OFFICER. Without meet during the session of the Senate tion, I transmit herewith Amendments objection, it is so ordered. on Tuesday, February 11, 2003 at 10 a.m. to the 1987 Treaty on Fisheries Be- to hold an open hearing and 2:30 p.m. to COMMITTEE ON FOREIGN RELATIONS tween the Governments of Certain Pa- Mr. LOTT. Mr. President, I ask unan- hold a closed hearing. cific Island States and the Government imous consent that the Committee on The PRESIDING OFFICER. Without of the United States of America, with Foreign Relations be authorized to objection, it is so ordered. Annexes and agreed statements, done meet during the session of the Senate SPECIAL COMMITTEE ON AGING at Port Moresby, April 2, 1987 (the on Tuesday, February 11, 2003 at 9:30 Mr. LOTT. Mr. President, I ask unan- Treaty), done at Koror, Palau, March a.m. to hold a Hearing on the Future of imous consent that the Special Com- 30, 1999, and at Kiritimati, Kiribati, Iraq. mittee on Aging be authorized to meet March 24, 2002. I also transmit, for the on Tuesday, February 11, 2003, from 10 information of the Senate, the report Agenda a.m.–12 p.m. in Dirksen 628 for the pur- of the Secretary of State with respect pose of conducting a hearing. to these Amendments, related Amend- Witnesses: The PRESIDING OFFICER. Without ments to the Treaty Annexes, and the Panel 1: The Honorable Marc I. objection, it is so ordered. Memorandum of Understanding regard- Grossman, Undersecretary of State for f ing provisional application. The United Political Affairs, Department of State, States enjoys positive and constructive Washington, DC., The Honorable Doug- PRIVILEGE OF THE FLOOR fisheries relations with the Pacific Is- las J. Feith, Undersecretary of Defense Mr. DURBIN. Mr. President, I ask land Parties through the implementa- for Policy, Department of Defense, unanimous consent that Michael tion and operation of the Treaty, which Washington, DC. Zubrensky, a detailee on my staff from is one of the cornerstones of our over- Panel 2: Colonel Scott R. Feil (Ret.), the Department of Justice, be granted all foreign relations with the Pacific Executive Director, Role of American the privilege of the floor during the re- Island Parties. This Treaty, and the Military Power, Arlington, VA. Gen- mainder of the first session of the this good relationships it has fostered, has eral Anthony Zinni, (Ret.), Former Congress. provided new opportunities for collabo- Commander in Chief of U.S. Central The PRESIDING OFFICER. Without ration between the Pacific Island Par- Command, Washington, DC., Professor objection, it is so ordered. ties and the United States on fisheries Anthony H. Cordesman, Arleigh A. f conservation and management issues. Burke Chair for Strategy, Center for The relationships established as a re- Strategic and International Studies, DISCHARGES AND REFERRALS—S. sult of the Treaty have also helped to Washington, DC. 277 AND S. RES. 51 safeguard U.S. commercial and secu- The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I ask rity interests in the region. objection, it is so ordered. unanimous consent that the Com- The Amendments to the Treaty will, COMMITTEE ON HEALTH, EDUCATION, LABOR AND mittee on Energy and Natural Re- among other things, allow U.S. PENSIONS sources be discharged from further con- longline vessels to fish in high seas COMMITTEE ON THE JUDICIARY sideration of S. 277 and that the bill be portions of the Treaty Area; streamline Mr. LOTT. Mr. President, I ask unan- referred to the Committee on Environ- the way amendments to the Treaty An- imous consent that the Committee on ment and Public Works. nexes are agreed; and allow the Parties Health, Education, Labor, and Pen- The PRESIDING OFFICER. Without to consider the issue of capacity in the sions and Committee on the Judiciary objection, it is so ordered. Treaty Area and, where appropriate, to be authorized to meet for a joint hear- Mr. HATCH. Mr. President, I ask promote consistency between the Trea- ing on Patient Access Crisis: The Role unanimous consent that the Govern- ty and the relevant fisheries manage- of Medical Litigation during the ses- mental Affairs Committee be dis- ment convention, which is likely to sion of the Senate on Tuesday, Feb- charged from further action on S. Res. come into force during the duration of ruary 11, 2003, at 2:30 p.m. in SD–106. 51 and that the matter be referred to the extended operation of the Treaty. The PRESIDING OFFICER. Without the Committee on Rules and Adminis- Therefore, no new legislation is nec- objection, it is so ordered. tration. essary in order for the United States to

VerDate Mar 15 2010 21:19 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2003SENATE\S11FE3.REC S11FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2228 CONGRESSIONAL RECORD — SENATE February 11, 2003 ratify these Amendments. However, There being no objection, the Senate, THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: minor amendments to section 6 of the at 8:10 p.m., adjourned until Wednes- To be colonel South Pacific Tuna Act of 1988, Public day, February 12, 2003, at 9:30 a.m. BRADLEY J. JORGENSEN, 0000 Law 100–330 will be necessary to take f account of the Amendment to para- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADES INDICATED IN THE UNITED graph 2 of Article 3 ‘‘Access to the NOMINATIONS STATES ARMY IN THE DENTAL CORPS (DE), UNDER TITLE Treaty Area,’’ which opens the high Executive nominations received by 10, U.S.C., SECTIONS 531 AND 3064: seas of the Treaty Area to fishing by the Senate February 11, 2003: To be lieutenant colonel THERESA S. GONZALES, 0000 U.S. longline vessels. DEPARTMENT OF TRANSPORTATION I recommend that the Senate give fa- PETER M. GRONET, 0000 JEFFREY SHANE, OF THE DISTRICT OF COLUMBIA, TO AUBREY R. HOPKINS JR., 0000 vorable consideration to these Amend- BE UNDER SECRETARY OF TRANSPORTATION FOR POL- JONATHAN A. MAHAFFEY, 0000 ICY. (NEW POSITION) MARK E. PEACOCK, 0000 ments and give its advice and consent ALBERT E. SCOTT JR., 0000 DEPARTMENT OF STATE to their ratification at an early date. To be major GEORGE W. BUSH. LINO GUTIERREZ, OF FLORIDA, A CAREER MEMBER OF SIMUEL L. JAMISON, 0000 THE WHITE HOUSE, February 11, 2003. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ANTHONY S. THOMAS, 0000 f PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- TO ARGENTINA. POINTMENT IN THE GRADES INDICATED IN THE UNITED ORDERS FOR WEDNESDAY, RENO L. HARNISH, OF CALIFORNIA, A CAREER MEMBER STATES ARMY IN THE MEDICAL SPECIALIST CORPS (SP) OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: FEBRUARY 12, 2003 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA To be major Mr. HATCH. Mr. President, I ask TO THE REPUBLIC OF AZERBAIJAN. JEFFREY LUNSTEAD, OF THE DISTRICT OF COLUMBIA, RONALD E. ELLYSON, 0000 unanimous consent that when the Sen- A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, WILLIAM C. WERLING, 0000 ate completes its business today, it CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR To be captain EXTRAORDINARY AND PLENIPOTENTIARY OF THE stand in adjournment until 9:30 a.m., UNITED STATES OF AMERICA TO THE DEMOCRATIC SO- JORGE L. CABALLERO, 0000 Wednesday, February 12. I further ask CIALIST REPUBLIC OF SRI LANKA, AND TO SERVE CON- STEVEN S. GAY, 0000 CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION DARREN L. HIGHTOWER, 0000 consent that on Wednesday, following AS AMBASSADOR EXTRAORDINARY AND PLENI- BILL A. SOLIZ, 0000 the prayer and pledge, the morning POTENTIARY OF THE UNITED STATES OF AMERICA TO JEFFREY E. TRIGG, 0000 THE REPUBLIC OF MALDIVES. MELVA S. TRIGG, 0000 hour be deemed expired, the Journal of JOHN W. SNOW, OF VIRGINIA, TO BE UNITED STATES SHELDON WATSON, 0000 proceedings be approved to date, the GOVERNOR OF THE INTERNATIONAL MONETARY FUND FOR A TERM OF FIVE YEARS; UNITED STATES GOV- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- time for the two leaders be reserved for ERNOR OF THE INTERNATIONAL BANK FOR RECON- POINTMENT IN THE GRADES INDICATED IN THE UNITED their use later in the day, and the Sen- STRUCTION AND DEVELOPMENT FOR A TERM OF FIVE STATES ARMY IN THE MEDICAL CORPS (MC), UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: ate then return to executive session to YEARS; UNITED STATES GOVERNOR OF THE INTER- AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE To be colonel resume the consideration of the nomi- YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED DAVID J COHEN, 0000 MC nation of Miguel Estrada to be a cir- STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; DANIEL G STRUM, 0000 MC cuit judge for the DC Circuit. UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- To be lieutenant colonel The PRESIDING OFFICER. Without MENT FUND; UNITED STATES GOVERNOR OF THE EURO- PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT, ARTHUR E BROWN, 0000 MC objection, it is so ordered. VICE PAUL HENRY O’NEILL, RESIGNED. JOHN N CAREY, 0000 MC f DEPARTMENT OF JUSTICE To be major GREGORY A. WHITE, OF OHIO, TO BE UNITED STATES ROBERT B CARROLL, 0000 MC PROGRAM ATTORNEY FOR THE NORTHERN DISTRICT OF OHIO FOR ROBERT D FORSTEN, 0000 MC THE TERM OF FOUR YEARS, VICE EMILY MARGARET JOHN H GARR, 0000 MC Mr. HATCH. For the information of SWEENEY, TERM EXPIRED. STEPHEN W JARRARD, 0000 MC Senators, tomorrow the Senate will re- IN THE AIR FORCE SHAWN C NESSEN, 0000 MC MICHAEL J ZAPOR, 0000 MC sume debate on the nomination of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Miguel Estrada. We have now spent 4 AS THE CHIEF OF THE NATIONAL GUARD BUREAU, AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FOR APPOINTMENT TO THE GRADE INDICATED UNDER TO THE GRADE INDICATED IN THE UNITED STATES ARMY days, over 20 hours, debating this well- TITLE 10, U.S.C., SECTION 10502: VETERINARY CORPS AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., qualified and capable nominee. While To be lieutenant general SECTIONS 624, 531, AND 3064: my colleagues on the other side of the H. STEVEN BLUM, 0000 To be major aisle continue to object to any time THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRAD A * BLANKENSHIP, 0000 agreement, we will continue to work IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MICHAEL R * BONHAGE, 0000 with them to move this nomination to CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE STEVEN T * GREINER, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SANDER O * HACKER, 0000 a final vote. 601: KARL J * HOCHSTEIN, 0000 Many Members have participated in To be lieutenant general JERROD W * KILLIAN, 0000 the debate, and we appreciate their ef- BRIAN U * KIM, 0000 JOHN D.W. CORLEY, 0000 BRIDGET S * LEWIS, 0000 forts. However, at some point each side TIMOTHY P * LOONAM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANNE M * MACLARTY, 0000 will have had adequate time to make TO THE GRADE INDICATED IN THE UNITED STATES AIR NANCY * MERRILL, 0000 their case, and that the Senate should FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK L * RICHEY, 0000 PATRICIA Y * RILEY, 0000 then vote on this nomination. At this To be lieutenant colonel HEATHER A * SERWON, 0000 time, we will continue to give Members CHARLES N. DAVIDSON, 0000 MARK A * SMITH, 0000 the opportunity to speak. Senators EUGENE K * WEBSTER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT should, therefore, expect a late night TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE GRADE INDICATED IN THE UNITED STATES ARMY tomorrow. FORCE UNDER TITLE 10, U.S.C., SECTION 624: MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- To be lieutenant colonel MENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, In addition to the Estrada nomina- U.S.C., SECTIONS 624, 531, AND 3064: tion, it is the leader’s intention to also THOMAS R. UNRATH, 0000 To be major IN THE ARMY complete action on the omnibus appro- SHEILA R * ADAMS, 0000 priations conference report prior to the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER E ANSELL, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MARTINEZ W * ARIZA, 0000 President’s Day recess. Again, I remind ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JOHN R * BAILEY, 0000 Senators that they should expect late To be colonel CARMEN A * BELL, 0000 nights and rollcall votes throughout TIMOTHY N * BERGERON, 0000 THOMAS W. SHEA, 0000 GRAEME C * BICKNELL, 0000 the remainder of the week. RICHARD H. TAYLOR, 0000 ROBERT V * BIENVENU II, 0000 THOMAS W. YARBOROUGH, 0000 BENJAMIN S * BLACKWELL, 0000 f DANIEL G BONNICHSEN, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DANIEL C * BRANT JR., 0000 ADJOURNMENT UNTIL 9:30 A.M. THE UNITED STATES OFFICERS FOR APPOINTMENT TO STEPHEN M * BROCK, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY KATHERINE A * BRUCH, 0000 TOMORROW UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TRAVIS J * BURCHETT, 0000 KYLE J * BURROW, 0000 Mr. HATCH. Mr. President, if there is To be colonel JOHN R CALL, 0000 no further business to come before the ROBERT J. KINCAID, 0000 MARK C * CARDER, 0000 CARLOS M. REYESROSADO, 0000 EVERETT R * CARDWELL JR., 0000 Senate, I ask unanimous consent that RODNEY L. THOMAS, 0000 ERIC P * CARNAHAN, 0000 the Senate stand in adjournment under KRISTEN L * CASTO, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DONALD J CHAPMAN, 0000 the previous order. THE UNITED STATES OFFICER FOR APPOINTMENT TO RODRIGO * CHAVEZ JR., 0000

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STUART J * COHEN, 0000 ROGER J * BANNON, 0000 MILAGROS * ROSA, 0000 ANTHONY S COOPER, 0000 KENNETH R * BLANKENSHIP JR., 0000 MICHAEL L * SCHLICHER, 0000 JENNIFER L * CUMMINGS, 0000 KAREN S * BRASFIELD, 0000 DOROTHY L SHACKLEFORD, 0000 GERALD L * DALLMANN, 0000 DANIEL S * BRILEY, 0000 PAMELA M * SOLETLINDSAY, 0000 THOMAS N * DAMIANI, 0000 TERESA L * BRININGER, 0000 YOUNGHEE * SONG, 0000 SOO L DAVIS, 0000 GREGORY J * BROMUND, 0000 BRITTANY R * SPEERS, 0000 WILLIAM E DAVIS IV, 0000 JEFFREY A * BROOKS, 0000 SONYA * STREETERCHAMBERS, 0000 SUELLEN D * DENNETT, 0000 PAUL W * CARDEN, 0000 STEVEN R * STUDZINSKI, 0000 MONICA S DOUGLAS, 0000 SHELLY L * CLYDE, 0000 CYNTHIA L * SVEINE, 0000 JAMES B * ELLEDGE, 0000 SUSAN * DAVIS, 0000 STACY E USHER, 0000 MICHAEL A * ELLIOTT, 0000 CLAUDIA A * DRUM, 0000 MARIA M VANTERPOOL, 0000 CRAIG R FISHER, 0000 DAVID H * DUPLESSIS, 0000 JAMES * VOGEL, 0000 BERNADETTE * FULLER, 0000 HOWARD K * HAISLIP, 0000 ROBERT C * WAGNER, 0000 DOUGLAS H GALUSZKA, 0000 MARY C * HANNAH, 0000 ERIC H * WATSON, 0000 CHRISTOPHER A * GELLASCH, 0000 WILLIAM C * HARRIS III, 0000 KIMBERLY E * WILLIAMS, 0000 SHEPARD H GIBSON, 0000 VANEESH L * HOFLER, 0000 SARAH A WILLIAMSBROWN, 0000 GUY J * GIERHART, 0000 BRUCE D * INGOLD, 0000 JASON S WINDSOR, 0000 ROGER S * GIRAUD, 0000 PATRICIA P * INGOLD, 0000 JOSEPH N WINTER, 0000 JR W * GODFREY, 0000 GEORGE O * JAMES JR., 0000 REBECCA A * YUREK, 0000 STEVEN D * HANKINS, 0000 MICHAEL R * JOHNSON, 0000 KATHRYN B HANNA, 0000 PAGE A * KARSTETER, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- RONALD E * HARPER, 0000 JEFFERY A * KITCHENS, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED JONATHAN A * HEAVNER, 0000 FRANCIS P * KOOPMAN, 0000 STATES ARMY IN THE ARMY NURSE CORPS (AN), UNDER TIMOTHY J * HOIDEN, 0000 SHAWN T * LOCKETT, 0000 TITLE 10, U.S.C., SECTIONS 531 AND 3064: MATTHEW J * HORSLEY, 0000 THEODORE * NASIOTIS, 0000 To be major NATHON O * HUCK, 0000 JEFFREY P * NELSON, 0000 THOMAS C * HUTTON, 0000 STEPHEN J * PINKERTON, 0000 DAVID W GARCIA, 0000 AN MARK A * JAMES, 0000 DAVID A * RIOS, 0000 ARLIN C GUESS, 0000 AN RALPH T * JENKINS, 0000 LAURENT M * ST, 0000 LINDA E JONES, 0000 AN DANIEL E * JETTON, 0000 DEYDRE S * TEYHEN, 0000 KIMBERLY M JOHANEK, 0000 AMY J * TREVINO, 0000 To be captain DAVID A JOHNSON JR., 0000 WILLIAM R * UNGUREIT, 0000 SHERI A BURTON, 0000 AN NATHAN A * KELLER, 0000 JOHNNY R * VANDIVER, 0000 JAMES E BUTERA, 0000 AN BURTON T * KERR, 0000 RICHARD A * VILLARREAL, 0000 RENE CARDONA, 0000 AN REX K * KING, 0000 ROGER M * WILLIAMS, 0000 JESUS FLORES, 0000 AN ROSEMARIE P * KIRZNER, 0000 DAVID A * WRIGHT, 0000 RONALD S GESAMAN, 0000 AN TIMOTHY A * KLUCHINSKY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HAYONG N HIRST, 0000 AN TIMOTHY D * KUNDINGER, 0000 JAMES R HUNLEY JR., 0000 AN RONALD D * LAIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS AND FOR REGULAR APPOINTMENT (IDEN- BONNIE J JEANICE, 0000 AN JACK R * LEECH III, 0000 HENG M MCCALL, 0000 AN ANDREW G * LEIENDECKER, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- TIONS 624, 531, AND 3064: PEGGY K MCMILLAN, 0000 AN KENNETH A LEMONS, 0000 LINDA I NOBACH, 0000 AN JOSEPH F LINEBERRY JR., 0000 To be major SHERRI K RIBBING, 0000 AN JOHNNIE R * MANNING JR., 0000 JEFFREY D RUMFIELD, 0000 AN JEFFREY S * MARKS, 0000 TEDD S * ADAIR II, 0000 JUDY A SMITH, 0000 AN BRIAN D * MARTIN, 0000 FARRELL H ADKINS, 0000 CHARLES E TRUDO, 0000 AN JOHN J MARTIN, 0000 PAUL B * ASETRE, 0000 HOPE M WILLIAMSON, 0000 AN RICKY J * MARTINEZ, 0000 VELVET D * BAKER, 0000 CLIFTON R MCCREADY, 0000 ELLEN S * BARKSDALE, 0000 To be first lieutenant SHAWN D * MCINTOSH, 0000 THOMAS G * BAUGHAN, 0000 TERRY E RAINES, 0000 AN CHARLES O MCKEITHEN JR., 0000 ANDREW C BAXTER, 0000 HUGH A * MCLEAN JR., 0000 WILLIAM R * BECKER, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JOHN H * MCMAHAN, 0000 LINDA L * BLACKMAN, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED KENNETH R * MCPHERSON, 0000 STANLEY BORDEN III, 0000 STATES ARMY IN THE MEDICAL SERVICE CORPS (MS), SCOTT R * MELLING, 0000 ANNAMAE CAMPBELL III, 0000 UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: CALLIE J * MOLLOY, 0000 CHRISTINA M * CASSIN, 0000 STACY A MOSKO, 0000 JAMIE P * CHERRY, 0000 To be major JEFFERY L MOSSO, 0000 PATRICIA A * COBURN, 0000 JEAN * MUDERHWA, 0000 JAMIE F CORNALI, 0000 DONOVAN G GREEN, 0000 MS ROBERT L NACE, 0000 MICHAEL L * COX, 0000 CATHY N TROUTMAN, 0000 MS RICARDO J * NANNINI, 0000 DEREK L * CURTIS, 0000 To be captain CHAD E * NELSON, 0000 FREDERICK L DAVIDSON, 0000 MATTHEW P * NOVAK, 0000 CECILIO B * DEJESUS, 0000 TIMOTHY C ACEL, 0000 MS ENRIQUE ORTIZ JR., 0000 LAURA D DESNOO, 0000 SHAWN M ALDERMAN, 0000 MS NOEL C * PACE, 0000 LISA A DRUMMOND, 0000 MEAGAN M BACHARACH, 0000 MS ECKART A * PAPE, 0000 JODY L ENNIS, 0000 NICHOLAS K BATCHELOR, 0000 MS PETER L * PLATTEBORZE, 0000 KENNETH A FERRELL, 0000 SLAVA M BELENKIY, 0000 MS CHRISTOPHER B * POSEY, 0000 KIRSTEN M FITCH, 0000 ADAM L BROWN, 0000 MS MICHAEL R POUNCEY, 0000 HERBERT J FLACHOFSKY, 0000 ARCHIE J CHAPMAN SR, 0000 MS SCOTT A * PRESCOTT, 0000 DEYOUNG V FLOOD, 0000 SUNGHUN CHO, 0000 MS BRANDON J PRETLOW, 0000 LISA R * FORD, 0000 DANIEL V CORDARO, 0000 MS MARK C PROBUS, 0000 MELISA A * GANTT, 0000 MARK S CRAGO, 0000 MS HABY * RAMIREZ, 0000 EUGENIO GARCIA JR., 0000 AMANDA S CUDA, 0000 MS WILLIAM R * REDISKE, 0000 JANET D GOODART, 0000 SCOTT P CUDA, 0000 MS RAVEN E * REITSTETTER, 0000 TAD * GOW, 0000 CORD W CUNNINGHAM, 0000 MS JOSEPH C RHENEY, 0000 PEGGY T * GUDERIAN, 0000 JAY M DINTAMAN, 0000 MS JASON H * RICHARDSON, 0000 KAY * HADLEY, 0000 BRAD M DOLINSKY, 0000 MS JAMES A * ROBINSON JR., 0000 MICHELLE D * HAIRSTON, 0000 ZACHARY E FISHER, 0000 MS MICHAEL C * SAUER, 0000 JAMES G * HAMPTON, 0000 JOANNA GARNAS, 0000 MS ERIC R SCHMACKER, 0000 REBECCA L * HILFIKER, 0000 JAMES L GEE, 0000 MS JEFFREY D SHIELDS, 0000 TIMOTHY L * HUDSON, 0000 DENA L GEORGE, 0000 MS MAELIEN SHIPMAN, 0000 CAROL E HUNTER, 0000 ELIZABETH A GOWDY, 0000 MS DAVID L * SILVER, 0000 SAMUEL L JONES JR., 0000 MARK L HARSHANY, 0000 MS ALICK E * SMITH, 0000 SHANNON M * JONES, 0000 NIDAL M HASAN, 0000 MS RACHELE M * SMITH, 0000 VALERIE A * JONES, 0000 WILLIAM E HERMAN, 0000 MS MIKAL L * STONER, 0000 DOUGLAS E * KIRCHER, 0000 BENNIE L HUDSON, 0000 MS WILLIAM M STRIDER, 0000 LAURE A * KLINE, 0000 CRISTIN A KILEY, 0000 MS YOLONDA R * SUMMONS, 0000 KENNETH R KOVATS, 0000 PETER KREISHMAN, 0000 MS PATRICK A * TAVELLA, 0000 LISA * LEAZENBY, 0000 JEFFREY T LACZEK, 0000 MS BARBARA A * TAYLOR, 0000 CHARLES T LENT, 0000 DOUGLAS R LANGFORD, 0000 MS LISA A * TEEGARDEN, 0000 CHARLES W * LEONARDO, 0000 ABIGAIL J LEE, 0000 MS GEORGE W THOMPSON III, 0000 TODD R LITTLE, 0000 JOSEPH M LURIA, 0000 MS STEENVORT J * VAN, 0000 MICHAEL J * LOUGHREN, 0000 CAMILLE F MCGANN, 0000 MS JOHN D * VETTER, 0000 MICHAEL E LUDWIG, 0000 JOSEPH C MCLEAN, 0000 MS JOHN D * VIA, 0000 DARIN S * MARCHOK, 0000 ETHAN A MILES, 0000 MS JAMES L WADDICK JR., 0000 HENG M * MCCALL, 0000 LUKE M MILLER, 0000 MS BRIAN K * WALKER, 0000 PEGGY K * MCMILLAN, 0000 FOUAD J MOAWAD, 0000 MS DENNIS W WALKER, 0000 ELIZABETH M MILLER, 0000 SCOTT J MURCIN, 0000 MS TIMOTHY D * WALSH, 0000 CHRISTOPHER * MILSTEAD, 0000 JASON M NAKAMURA, 0000 MS OLIVER T WALTON, 0000 REBECCA N * MIONE, 0000 JOSHUA T NAPIER, 0000 MS LAURA A WARD, 0000 WESLEY A MORGAN, 0000 SHAHIN NASSIRKHANI, 0000 MS JEFFRY H * WARREN, 0000 DANA A * MUNARI, 0000 NAVEED A NAZ, 0000 MS NORMAN C * WATERS, 0000 DONALD L * NANCE, 0000 ADAM S NIELSON, 0000 MS BRIAN M * WHITE, 0000 ROBIN R NEUMEIER, 0000 PETER D OCONNOR, 0000 MS RALPHINE R * WHITFIELD, 0000 MELLEN P * ONEAL, 0000 DAVID OWSHALIMPUR, 0000 MS MICHAEL C * WILLIAMS, 0000 SUSAN * ORCUTT, 0000 TERRIE L PITTMAN, 0000 MS TRACY M * WILSON, 0000 DAVID J PARIS, 0000 THEODORE T REDMAN, 0000 MS AMMON * WYNN III, 0000 SCOTT L PARIS, 0000 JULIE A REID, 0000 MS NANCY E PARSON, 0000 ELIZABETH H RORICK, 0000 MS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SYLVIA F PEREZ, 0000 KEITH A SCORZA, 0000 MS TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOSE A PEREZVELAZQUEZ, 0000 SHAWN C SHAFFER, 0000 MS MEDICAL SPECIALIST CORPS AND FOR REGULAR AP- ANTHONY D PEVERINI, 0000 GERALD W SURRETT, 0000 MS POINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER BRIAN E * PREHN, 0000 MICHAEL P SZCZEPANSKI, 0000 MS TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: DELORIS S * QUATTLEBAUM, 0000 SCOT A TEBO, 0000 MS To be major JAMES R REED, 0000 KHOAN T THAI, 0000 MS RICHARD T * REID, 0000 JAMES Y WANG, 0000 MS MARY C * ADAMSCHALLENGER, 0000 RUTH A RING, 0000 ERIC D WEBER, 0000 MS

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TIMOTHY S WELCH, 0000 MS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR DANIEL M WILLIAMS, 0000 MS SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE IN THE MARINE CORPS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be major SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR JOHN W. BRADWAY JR., 0000 To be major APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR PATRICK W. BURNS, 0000 SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE ROY E. LAWRENCE, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DANIEL S. RYMAN, 0000 To Be lieutenant colonel SECTION 624: KARL G. HARTENSTINE, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR To be major APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR KATHLEEN A. HOARD, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., APPOINTMENT TO THE GRADE INDICATED IN THE SECTION 624: UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE To be major To be lieutenant colonel UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DOUGLAS M. FINN, 0000 SECTION 624: RONALD P. HEFLIN, 0000 MICHAEL S. NISLEY, 0000 To be major THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE JEFFREY A. FULTZ, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR SECTION 624: SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE To be major To be lieutenant colonel UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CALVIN L. HYNES, 0000 KENNETH O. SPITTLER, 0000 To be major CHARLES S. MORROW JR., 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE ERIC R. MCBEE, 0000 f UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE CONFIRMATIONS To be lieutenant colonel UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: Executive nominations confirmed by LEONARD HALIK III, 0000 ERNEST R. HINES, 0000 To be major the Senate February 10, 2003: CHRISTOPHER J. AMBS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE JUDICIARY RANDALL C. BAKER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- RICHARD A. BOWERS, 0000 JOHN R. ADAMS, OF OHIO, TO BE UNITED STATES DIS- RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION WILLIAM M. SIMONS, 0000 TRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO. 12203: DOUGLAS E. WEDDLE, 0000 S. JAMES OTERO, OF CALIFORNIA, TO BE UNITED To be colonel STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR OF OHIO. THOMAS DUHS, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE ROBERT A. JUNELL, OF TEXAS, TO BE UNITED STATES RUSSELL C. DUMAS, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DISTRICT JUDGE FOR THE WESTERN DISTRICT OF WILLIAM M. LAKE, 0000 SECTION 624: TEXAS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major TO THE GRADE INDICATED IN THE UNITED STATES MA- f RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ROBERT E. COTE, 0000 KYLE T. DEBOER, 0000 To be major BRET M. MCLAUGHLIN, 0000 WITHDRAWAL FRANK L. WHITE, 0000 LELAND W. SUTTEE, 0000 Executive message transmitted by THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE the President of the Senate on Feb- APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ruary 11, 2003, withdrawing from fur- SECTION 624: SECTION 624: ther Senate consideration the fol- To be major To be major lowing nomination: CARLOS D. SANABRIA, 0000 CHARLES W. ANDERSON, 0000 JEFFREY SHANE, OF THE DISTRICT OF COLUMBIA, TO TRACY G. BROOKS, 0000 BE ASSOCIATE DEPUTY SECRETARY OF TRANSPOR- THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ROBERT D. GINGRAS, 0000 TATION, VICE STEPHEN D. VAN BEEK, RESIGNED, WHICH APPOINTMENT TO THE GRADE INDICATED IN THE JERRY B. SCHMIDT, 0000 WAS SENT TO THE SENATE ON JANUARY 9, 2003.

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IN MEMORY OF JAMES F. TRIBUTE TO MR. CLIFTON ED- EXPRESSING CONDOLENCES OF MCHENRY WARD PETTIFORD, IN MEMO- THE HOUSE TO THE FAMILIES RIAM OF THE CREW OF THE SPACE SHUTTLE ‘‘COLUMBIA’’ HON. IKE SKELTON SPEECH OF OF MISSOURI HON. FRANK PALLONE, JR. IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY HON. E. CLAY SHAW, JR. OF FLORIDA Tuesday, February 11, 2003 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, February 5, 2003 Mr. SKELTON. Mr. Speaker, it is with deep Tuesday, February 11, 2003 sadness that I inform the House of the death Mr. SHAW. Mr. Speaker, I rise in tribute to Mr. PALLONE. Mr. Speaker, I would like to of Mr. James F. McHenry of Jefferson City, the men and women of the Space Shuttle Co- MO. call the attention of my colleagues to Mr. Clif- lumbia. As our Nation grieves their loss, may ton Edward Pettiford. Mr. Pettiford passed we take solace in their dedication to science, Mr. McHenry was born October 26, 1930, in away on Tuesday, January 21, 2003, in his their commitment to space exploration, and St. Louis, MO, and was the son of Foster and hometown of Durham, North Carolina, after an their love of our country. This tragedy has Ellen Waddill McHenry. He graduated from shed light once again on the great risk our as- Jefferson City High School in 1948 and was a extended illness. Mr. Pettiford was a dedi- cated, loving man and will be greatly missed tronauts take willingly in the exploration of 1952 graduate of the University of Missouri- space. Our Nation swells with pride in their by his friends and family. Columbia. Mr. McHenry graduated from the breathtaking achievements. University of Missouri-Columbia School of Law Clifton Pettiford was born on December 12, I salute Columbia’s seven honorable astro- in 1971. He also served his country in the Ko- 1944, to the late Nathaniel and Evelyn Goss- nauts, Commander Rick Husband, Pilot Wil- rean War and was awarded a Bronze Star and Pettiford. He grew up and attended public liam McCool, Payload Commander Michael a Purple Heart. schools in Durham and attended the North Anderson, Mission Specialist 1 David Brown, Mr. McHenry served as the traffic manager, Carolina Central University. After graduating, Mission Specialist 2 Kalpana Chawla, Mission Specialist 4 Laurel Clark, and Payload Spe- director, and secretary of the Capital City Mr. Pettiford honored his country by serving in Telephone Company. He served as president cialist 1 llan Ramon of the state of Israel. the United States Army and he received an of the St. Thomas Dial, Inc. and vice president Each served their country with honor and dis- of Midstate Telephone Company. In 1971, Mr. Honorable Discharge. Clifton was a hard-work- tinction. Their death has left a hole in our McHenry started his career as an attorney by ing man as evidenced by his employment as hearts and a deep void in the world of going into private practice in Jefferson City, a chef at Duke University Dining Halls in North science. They will be sorely missed. MO. He left that practice in 1972, but formed Carolina and the Owens-Illinois Glass Com- As the Nation grieves, this tragedy was also Hyder and McHenry Law Firm in 1979. He pany in Durham and Ingalls Shipbuilders in a personal loss for the 1,200 plus employees was Cole County prosecuting attorney from Pascagoula, Mississippi. Upon moving to New of Pratt & Whitney, a key partner in the explo- 1973 through 1978. In 1981, he was ap- Jersey, Mr. Pettiford spent twenty years work- ration of space, located in Jupiter, Florida. Each astronaut, NASA official and employee, pointed circuit judge, 19th judicial circuit of ing at Midland and Anchor Glass Company Cole County, by then Governor Christopher manufacturer, consultant and engineer are all until the plant closed in 1995. In November of part of an extended space industry family. To- Bond. Mr. McHenry was elected to this bench 1997, Clifton took advantage of a job oppor- in 1982 and again in 1988. He then retired in gether they produce a product that is truly the tunity with Coors Brewery in Golden, Colo- 1994. envy of the world. rado, and he moved to Wheatridge, Colorado The people at Pratt & Whitney are charged Mr. McHenry was very active in his commu- where he remained until the onset of his ill- with the responsibility of engineering, manu- nity. He was a past vice chairman, Jefferson ness. facturing, assembling, and testing the 75,000 City Convention and Visitors Bureau; past horsepower main engine liquid-oxygen and liq- In addition to his strong work ethic, Mr. chairman, Jefferson City Board of Adjustment, uid hydrogen turbo pumps that propel the Jefferson City Industrial Commission, and Jef- Pettiford enjoyed volunteering his time to var- shuttle through the deepest and darkest re- ferson City Parking and Traffic Commission. ious organizations, of which I was fortunate gions of space. Mr. McHenry also served as past president of enough to witness on many occasions. Clifton We, in Palm Beach County, are proud of the Cole County Conservation Federation, Jeffer- Pettiford was also a valued member of the role that Pratt & Whitney has had in making son City Host Lions Club, Jefferson City Vet- Mount Zion AME Zion Church of Eatontown, the program successful and safe and look for- erans Council, and Board of Trustees of Me- New Jersey. ward to its continuing to engineer new space morial Community Hospital. He was a past and propulsion state-of-the-art technologies as member of the Salvation Army Advisory Clifton was married to Wanda Parker- we leap into the future. Board; past director and vice president of the Pettiford from 1969 to 2002. He leaves behind Mr. Speaker, I Join my colleagues in offer- Industrial Committee of the Jefferson City a daughter Monica and a granddaughter ing my deepest condolences to the families of Area Chamber of Commerce. Mr. McHenry Ymoni Pettiford-Tittle. In addition, he had four the Space Shuttle Columbia’s crew, the NASA also served as past commander of Oliver- siblings, Alma, Glenda, Garrie, and James as family located in Florida, Texas, and Cali- Buerhle Chapter Number 17, Disabled Amer- well as numerous aunts, nieces, nephews, fornia, and the men and women of Pratt & ican Veterans. He was a past president of and cousins who will continue to cherish their Whitney. Cole County Historical Society; a past member fond memories of him. f of the board of directors, City National Saving & Loan Association and was a past member, Clifton Edward Pettiford had many friends A POEM HONORING THE executive board, Great River Council, Boy and colleagues who affectionately knew him ‘‘COLUMBIA’’ SHUTTLE HEROES Scouts of America. He was also a member of as a fun-loving, giving individual who loved life a large number of other organizations. and people. His friends and family greatly en- HON. JOHN SHIMKUS OF ILLINOIS Mr. Speaker, James McHenry was a valu- joyed his company and will sorely miss him. IN THE HOUSE OF REPRESENTATIVES able leader in his community. I know the On this day, I ask my fellow colleagues to join Members of the House will join me in extend- with me in honoring and remembering this ex- Tuesday, February 11, 2003 ing heartfelt condolences to his family: his traordinary individual. Mr. SHIMKUS. Mr. Speaker, I rise today to brother John and his fiance Debra Brown. submit the following poem written by Brandon

∑ 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 Jan 31 2003 05:09 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.001 E11PT1 E180 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 2003 Dillard, a sixth grade student at Renfro Ele- mental health and substance abuse coun- their rights. Approximately 75 percent of wel- mentary School in Collinsville, Illinois. Bran- seling. fare recipients who identified themselves as don’s teacher is Judy Barnett and his parents One of the key programs encouraged in my victims of violence were not informed about are David and Bonnie Dillard. bill is the Minnesota Family Investment Pro- available services, including counseling, hous- Brandon wrote the following poem following gram or MFIP. This innovative program allows ing, or the possibility of using work time to the tragedy of the Columbia shuttle. welfare recipients to keep more of their wel- seek help. Sparks & fire falling from the sky. fare check while they work. It is structured to To have a secure and healthy America re- Seven heroes had to die. raise incomes, MFIP is the only welfare pro- quires having secure and healthy American Weightlessly floating through time and gram in the country that has created more sta- families. This bill helps develop those healthy space. ble marriages and improved outcomes for American families by broadening the use of Now they float in a heavenly place. child well-being. the Republican marriage promotion funds to Children now living without a mom or dad. In fact, Wade Horn, the Assistant Secretary fund proven programs we know that have ac- When I think of this it makes me sad. complished this goal. Please join me in enact- We will never forget this horrible story. for Administration for Children and Families at Taken from the Earth in a blaze of glory. the Department of Health and Human Serv- ing the ‘‘Building Secure and Healthy Families This message we send to the Columbia crew. ices, agrees that MFIP works. In a November Act of 2003.’’ America will never forget about you. 2000 Washington Times editorial Horn wrote, f Sparks & fire falling from the sky. ‘‘These results [of MFIP] provide dramatic new TRIBUTE TO ELLEN STRAUS Seven heroes had to die. evidence that changes in welfare incentives f can increase the likelihood that single parents will get married and that married parents will HON. LYNN C. WOOLSEY INTRODUCING THE ‘‘BUILDING SE- OF CALIFORNIA stay married.’’ CURE AND HEALTHY FAMILIES Unfortunately, the Republican marriage plan IN THE HOUSE OF REPRESENTATIVES ACT OF 2003’’ in their welfare bill does nothing to encourage Tuesday, February 11, 2003 MFIP-type programs. Instead, it narrowly fo- Ms. WOOLSEY. Mr. Speaker, I rise today to HON. FORTNEY PETE STARK cuses on providing education programs that honor Ellen Straus of Marshall, California, who OF CALIFORNIA deal with inadequate relationship skills, unreal- died on November 30, 2002, after a lifetime of IN THE HOUSE OF REPRESENTATIVES istic expectations about marriage, and the in- vision, leadership, and dedication to protecting Tuesday, February 11, 2003 adequate meaning of marital commitment. It agriculture and assuring its viability in West ignores other economic, social and cultural Marin. Mr. STARK. Mr. Speaker, I rise today to in- issues relating to marriage instability. Ellen was born in Amsterdam in 1927 to a troduce the ‘‘Building Secure and Healthy Unlike MFIP, there is no evidence that the Jewish family. In February, 1940, fearful of the Families Act of 2003.’’ This legislation amends Republican-backed marriage programs work. Nazi threat, they immigrated to New York existing welfare law to provide alternative pro- But, maybe they don’t care. Their proposal where her father was able to continue his grams to the Republican marriage proposals. fails to require grantees to meet any criteria of work as a diamond broker. Ellen, a bright 13- It would also improve provisions concerning experience, competence or fiscal soundness year-old who knew no English, began attend- family violence, childcare, care-giving, and to get these grants. Also, there are no evalua- ing school right away and in 1948 graduated teen pregnancy prevention. tion standards in their grants. Therefore, it is from Bard College with a major in Natural I’m thankful to Senator MURRAY for working apparent that the Republican program is more Sciences and Mathematics. When she applied to pass companion legislation in the Senate. I an effort to appease its political base—the reli- for research jobs, she was asked if she knew am also grateful to the more than 80 poverty, gious right—than it is to stabilize and make typing and shorthand, so, in order to find work, domestic violence, and children’s groups that poor families secure and healthy. she enrolled in Katherine Gibbs School in New have endorsed this legislation. Besides its competitive grant program, my York City to obtain a Business Degree. As the current Republican marriage pro- bill encourages parental care-giving and seeks In 1949 in New York Ellen met William posal demonstrates, even when Republicans to protect children from the dangers of pov- Straus, a rancher from Marin County, Cali- correctly identify a societal problem, they ad- erty. Specifically, the bill: fornia, who, like herself, came from a Euro- minister the wrong remedy due to their blind Prohibits states from kicking children off pean Jewish family that had immigrated to the allegiance to their Christian right wing ide- welfare for parents failure to meet TANF re- U.S. Bill had received a degree from UC ology. Of course families with one income are quirements; Berkeley in animal husbandry and bought a likely to be poorer than families with two in- Disallows states from sanctioning parents dairy ranch near Marshall in 1941. Bill and comes. However, simply getting poor people on welfare who cannot meet their work re- Ellen were married in New York and moved to married does not address any of the under- quirements because they have no available their ranch on Tomales Bay. lying causes of poverty such as domestic vio- child care for their children age 13 and under; Although the work was hard, Ellen loved the lence, substance abuse or mental illness. In Requires states to count care-giving as work ranch and the beautiful Tomales Bay area. fact, encouraging marriage may exacerbate for parents who have children that are age I She raised four children and taught them what those very problems. Thus, the Republican so- and under; she had learned by observing Hitler’s rise to lution is at best naive and simplistic and at Gives states the option to count as work power—the importance of individuals becom- worst dangerously harmful and intolerant. care-giving for a child up to age 3; ing politically involved to create and preserve In contrast, the Building Secure and Healthy Deems care-giving for one’s sick or disabled what is valued in life. Ellen was active in poli- Families Act of 2003 provides evidence-based child or other family member as a work activity tics, including 14 years on the Democratic solutions to help families overcome problems and stops the welfare work clock for care-giv- Central Committee of Marin. such as: lacking sufficient income, suffering ing for one’s sick or disabled family member During the 1960’s she was a key supporter from family violence, facing teenage preg- Finally, this bill extends the current Family of the effort to create Point Reyes National nancy, being without child care or care-giving Violence Option by requiring that states: Seashore, establishing herself as a visionary skills themselves, or suffering from physical Coordinate with domestic or sexual violence who understood that ranchers and conserva- and mental disabilities. coalitions in the development of policies and tionists need to work together to preserve My bill provides an alternative to the mar- procedures to have trained caseworkers iden- open spaces for both agriculture and recre- riage promotion provisions of the Republican tify survivors of domestic and sexual violence, ation. She worked hard to develop cooperation plan by creating a $100 million per year com- refer them for services, and modify or waive between the two groups, and her husband Bill petitive grant to states to be used for one of welfare work requirements as necessary. became the first rancher to join the Marin the following programs: Provide notice, confidentiality, and pre-sanc- Conservation League. Income enhancement programs (like the tion review to ensure that individuals are not This vision continued to motivate Ellen and Minnesota Family Investment Program); being sanctioned under the welfare law when Bill as they fought for a new general plan for Programs that provide education, oppor- domestic or sexual violence is a significant Marin County in the 1960s to prevent rural tunity and support to teens to reduce first and contributing factor in noncompliance. West Marin from being carved up for subdivi- subsequent births; and Unfortunately, studies show that even local sions and freeways. Realizing that even this Programs that provide services to build fam- welfare offices of states that have domestic vi- successful effort was not enough, Ellen co- ily stability by securing employment and child olence provisions may not fully inform individ- founded Marin Agricultural Land Trust (MALT) care, and providing other services such as uals who disclose domestic violence of all with Phyllis Faber in 1980.

VerDate Jan 31 2003 05:09 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.004 E11PT1 February 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E181 MALT was the first land trust in the country of Julia Abrams, widow of former Army chief to the best of their ability. Jane believes that focused on the protection of agriculture. Under of staff General Creighton W. Abrams, Jr. children are smarter than they are given credit MALT, ranchers are paid for the development Mrs. Abrams was born in Drummondville, for and that all they need is someone to help rights to their land which they continue to own. Quebec. She was married to General Abrams them along. She creates high standards in her Under the agreement, they can live on the in the summer of 1936 after they met while classroom and is constantly motivating her property and farm or sell to other farmers, al- she was a junior at Vassar College and he students to challenge themselves. Most cer- ways keeping the land in agriculture. Ellen’s was a cadet at the United States Military tainly they are inspired by her own dedication energy and commitment were key in MALT’s Academy at West Point. to her career. success. She served for many years as a Mrs. Abrams founded the Arlington Ladies Mr. Speaker, today, we recognize Jane Board Member and Chair, and today the in the early 1970’s. This group of women at- Koszoru for her accomplishments and her agency, with 32,000 acres preserved, is a na- tended graveside internment services at Ar- dedication to the students of Broward County, tional model for developing partnerships to lington National Cemetery and they also wrote Florida. We also send our congratulations to protect agricultural land. notes of condolence and offered support. She her on being named the 2003 Broward County Ellen also understood the importance of was also honorary first lady of the U.S. Armor Teacher of the Year. educating the public in the value of agriculture. Association, a member of the executive coun- f In the early 1970s she began hosting school cil of the National Girl Scouts of America and groups at the ranch. Soon she was welcoming a member of the National Military Families As- A SOLDIER’S STORY adults, from politicians to budding environ- sociation. mentalists, including visitors from abroad. Mrs. Abrams accompanied her husband to HON. JOHN SHIMKUS Along with a good education and a up-close overseas assignments and lived in Germany OF ILLINOIS look at cows, Ellen served homemade apple and Thailand. While in Thailand, she did vol- IN THE HOUSE OF REPRESENTATIVES pie. Today visitor programs to West Marin unteer work for Mitradab, a Thai-U.S. founda- Tuesday, February 11, 2003 ranches continue to play a key role in inform- tion chartered for school construction in rural ing the public about the role of agriculture in Thailand. Mr. SHIMKUS. Mr. Speaker, I rise today to the community. Mr. Speaker, Julia Abrams was truly a love- submit the following article from the Shelby- Ellen cared not only about preserving agri- ly lady. She was a role model for Army wives ville Daily Union, ‘‘A Soldier’s Story: Letters culture but also improving it. Concerned about and helped them cope with day to day military Between Shelbyville Men Unite Mothers.’’ the quality of food people eat and chemical life. I know the Members of the House will join This story first appeared on February 10th. and hormone additives, Ellen was a leader in me in extending heartfelt condolences to her It is a prime example of the human component developing organic products. She worked with family: her three sons, Brigadier General of our efforts to pursue and promote freedom her son Albert, who currently operates the Creighton Williams Abrams III, USA, Retired; and liberty. family dairy, to produce the first organic milk General John Nelson Abrams, USA, Retired; A SOLDIER’S STORY: LETTERS BETWEEN west of the Mississippi. The Straus Family and Lieutenant Colonel Robert Bruce Abrams, SHELBYVILLE MEN UNITE MOTHERS Creamery is now well-known for its high qual- USA and her three daughters, Noel Bradley, (By Sharon Mosley) ity dairy products and environmental practices. Jeanne Daley and Elizabeth Doyle. In 1990, during duty off the coast of Oman, Numerous awards are a testament to Ellen’s f United States Marine Staff Sergeant Keith leadership. These include the Marin Women’s Boehm wrote a letter to Shelbyville seventh Hall of Fame, the White House ‘‘Points of RECOGNIZING BROWARD COUNTY grader Brian Alex Miller telling about his Light,’’ and America’s highest honor from the TEACHER OF THE YEAR, MRS. life as part of helicopter crew during the American Farmland Trust, the 1998 Steward JANE KOSZORU Gulf War. Miller had written to Boehm, a of the Land award. Shelbyville native, as part of a school assign- Ellen was also active in the the Greenbelt HON. E. CLAY SHAW, JR. ment to write to soldiers. Alliance, the Eastshore Planning, Group, the ‘‘You wrote that it is boring when it OF FLORIDA rains,’’ wrote Boehm. ‘‘Well you should try Marin Conservation League, the Marin Com- IN THE HOUSE OF REPRESENTATIVES spending six months on a ship.’’ What fol- munity Foundation Neighborhood Achieve- lowed was a detailed description of Boehm’s ments program, the Environmental Action Tuesday, February 11, 2003 life as an electrician attached to a helicopter Committee, the Tomales Bay Advisory Com- Mr. SHAW. Mr. Speaker, I rise today in rec- crew. While he told of the many mundane mittee, the Environmental Forum, and West ognition of Mrs. Jane Koszoru, the 2003 hours spent working on the ship, he also Marin Growers. Broward County Teacher of the Year. Mrs. shared with his young reader some ‘‘pretty exciting stuff’’ like landing reconnaissance Ellen was a dedicated wife, mother and Koszoru was recognized by Broward County grandmother. She is survived by Bill, her hus- troops and scattering a herd of wild camels for her outstanding professionalism and her with the helicopter. band of 52 years; sister Anneke Prins Simons; consistent drive to teach and encourage Boehm’s letter became part of Miller’s col- her four children: Albert and his wife Jeanne Broward’s children to achieve high standards. lection of ‘‘things’’—tucked away in a draw- Smithfield; Vivien; Miriam and her husband Jane began her career 30 years ago as a er while Miller grew up, graduated from Alan Berkowitz; and Michael; her four teacher at Driftwood Middle School in Holly- Shelbyville High School in 1995 and attended grandsons Isaac, Jonah, Reuben and Eli . . . wood, Florida. Soon after, she taught at Coral the University of Illinois. He is now a grad- and 270 milking cows. Springs High School, where she stayed for 24 uate student at the Massachusetts Institute Mr. Speaker, Ellen Straus will be missed by of Technology, studying architecture. With years. She is currently teaching at the College the possibility of another war in the Gulf so many who shared in her work and her Academy at Broward Community College. The dreams. It is fitting to recognize her visionary looming, Miller’s mother, Nancy Miller of College Academy is an educational program Shelbyville, found Alex’s letter from Boehm efforts in preserving open space in West Marin that is provided, free of charge, to certain jun- and wondered what had happened to the and helping to create Point Reyes National ior and senior high school students who attend Staff Sergeant from Shelbyville. One phone Seashore that have left a legacy that all can classes with college students. At graduation, call later, she found Boehm’s mother, Sharon enjoy. Her pioneering work in organic dairying many of these students can enter a university Boehm, also of Shelbyville. is creating a new future in agriculture. I will al- with junior status. ‘‘It is funny that we’ve both lived here all ways remember Ellen Straus as a wonderful, Mrs. Koszuro grew up in Broward County these years and didn’t know each other,’’ Nancy Miller said. ‘‘Shelbyville’s not that warm friend and committed steward of the and graduated from Nova High School in land. large.’’ Sharon Boehm said Keith is now Davie, Florida. For Jane, teaching is a family Warrant Officer Boehm and is still a Marine, f tradition. Both her mother and grandmother currently based in California. IN MEMORY OF JULIA ABRAMS taught in one-room classrooms in Nebraska. ‘‘He was going to retire but after Sep- To her certain delight, her daughter is cur- tember 11 they froze all the retirements so HON. IKE SKELTON rently majoring in Education at the University he’s still in,’’ said Sharon Boehm. ‘‘He’s ac- of Florida. tive in recruiting.’’ OF MISSOURI Not only has Jane had a positive influence Nancy Miller said she was interested in let- IN THE HOUSE OF REPRESENTATIVES ters from soldiers in part, because an uncle, on her daughter, but she has inspired hun- Tuesday, February 11, 2003 also a Marine, was killed at Okinawa during dreds of her students. They nicknamed her, World War II. Mr. SKELTON. Mr. Speaker, it is with deep ‘‘Mrs. Work,’’ with good reason, considering ‘‘From his letters we were able to get a sadness that I inform the House of the death she has a reputation for pushing her students sense of what he was going through and the

VerDate Jan 31 2003 05:09 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.009 E11PT1 E182 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 2003 terrible conditions,’’ she said. ‘‘He also wrote health services to SNF residents, just like clin- Sonsini, his brother Jim Golden, and several about how family letters were so important ical psychologists and psychiatrists. Their cur- nieces and nephews. to him.’’ Nancy thinks now there should be rent exclusion from this provider list is not de- Mr. Speaker, Thomas Golden was known more opportunities to write to soldiers. for the warmth and liveliness he brought to his ‘‘I would love to write to those soldiers fensible. who are serving now,’’ she said. ‘‘To let them The ultimate victims of the current regula- friendships, his commitment to the culture of know we’re thinking of them, we’re proud of tions are the vulnerable seniors who need his community, and his world-wide collabora- them, and we support them.’’ mental health care. Mental health treatment tions with Christo and Jean-Claude. Many Sharon Boehm said her younger son Keith works. Alzheimer’s patients and their families considered him the unofficial mayor of Free- entered the Marines right after high school can benefit enormously from psycho-education stone. It is fitting to honor him today for a life graduation in 1980. His older brother, Kevin, and counseling around how to cope and man- that meant so much to the art world in general was in the Navy at the time. age behavior problems. Research trials have and to Sonoma County in particular. ‘‘I guess he just got in and decided he liked it,’’ Sharon Boehm said. ‘‘He had been in ten repeatedly demonstrated that psychotherapy, f either alone or in combination with medication, years when the Gulf War came around and he EXPRESSING CONDOLENCES OF can be effective in treating depression and de- stayed in afterwards.’’ THE HOUSE TO THE FAMILIES On Friday, the two mothers met for the bilitating anxiety. Clinical social workers pro- OF THE CREW OF THE SPACE first time and showed each other photos of vide these important services and do so at a SHUTTLE ‘‘COLUMBIA’’ their sons. Then, Nancy Miller gave Keith fraction of the cost of clinical psychologists Boehm’s letter to his mother for safe- and psychiatrists. SPEECH OF keeping. In summary, our legislation changes a billing ‘‘I think it was a very thoughtful letter for mechanism that again makes it viable for HON. JOSEPH CROWLEY a soldier in the middle of a very difficult sit- OF NEW YORK uation to write to a student,’’ she said. ‘‘I CSWs to provide mental health services in IN THE HOUSE OF REPRESENTATIVES know I’m proud of my son, and I know she skilled nursing facilities. As a result, our legis- (Sharon Boehm) is proud of her son.’’ lation helps to ensure ease of access to need- Wednesday, February 5, 2003 f ed mental health services to the many Medi- Mr. CROWLEY. Mr. Speaker, I rise today to care beneficiaries who reside in skilled nursing express my great sadness at the loss of the INTRODUCING THE CLINICAL SO- facilities. The Clinical Social Work Medicare Space Shuttle Columbia, its astronauts, and CIAL WORK MEDICARE EQUITY Equity Act is a small technical change to exist- the symbol of global harmony that the Colum- ACT OF 2003 ing law, but it would have the effect of improv- bia and America’s globalized space program ing the lives of Medicare beneficiaries in nurs- represents. HON. FORTNEY PETE STARK ing homes who are suffering from mental ill- On February 1, 2003, the people of the OF CALIFORNIA ness. We urge our colleagues to work with us United States, India, the State of Israel and, in IN THE HOUSE OF REPRESENTATIVES to enact this important legislation this year. fact, all of the people of our world community Tuesday, February 11, 2003 f lost seven heroic patriots. A patriot is defined as a person who loves, TRIBUTE TO THOMAS R. GOLDEN Mr. STARK. Mr. Speaker, today I join with supports and defends his or her country. And Representative LEACH and 18 other colleagues these 7 were patriots, but in a different sense; to introduce the Clinical Social Work Medicare HON. LYNN C. WOOLSEY they were global patriots. Equity Act of 2003. Senator MIKULSKI is intro- OF CALIFORNIA Space is, as the old adage goes, the last ducing the companion bill in the Senate. This great frontier. It is a place claimed by no one legislation changes a provision in the Bal- HON. MIKE THOMPSON OF CALIFORNIA and everyone. It is a place where people are anced Budget Act of 1997 that omits Certified IN THE HOUSE OF REPRESENTATIVES not labeled by their race, gender or ethnic ori- Social Workers, CSWS, from a list of clinical gin. Rather, it is a place where all are one— professionals allowed to directly bill through Tuesday, February 11, 2003 simply human beings working together to ad- Medicare, Part B for mental health services Ms. WOOLSEY. Mr. Speaker, I rise today to vance science, peace and unity of mankind. provided to Medicare beneficiaries in skilled honor Thomas R. Golden who died at home in Their seven global patriots were rep- nursing facilities, SNFs. As a result of this Freestone, CA, on November 3, at the age of resenting their own country patriotically while omission, CSWs are the only Medicare-author- 81. Mr. Golden and his partner Jim Kidder had also representing the love, support and de- ized mental health providers without this direct lived in Freestone since 1970, turning the old fense of all of the people and nations of our billing capability within the SNF setting. Freestone Hotel into a center for culture and world. Space is where two former adversaries, Approximately 20 percent of seniors suffer politics in Western Sonoma County. the United States and Russia, now work to- from mental illness and the prevalence is high- Tom Golden was well-known as a patron of gether to build an international space station er in nursing home residents. These mental the arts, and in this capacity was the friend to advance our shared goals of peace and un- disorders interfere with the person’s ability to and collaborator of artists Christo and Jean- derstanding; where astronauts from all of over carry out activities of daily living. They include Claude whose Running Fence snaked through the world, of all languages, cultures, and back- major depression, anxiety, and severe cog- Sonoma and Marin Counties in 1976, a 24- grounds, travel to for the purpose of working, nitive impairment resulting from Alzheimer’s mile curtain that ran from Cotati to the Pacific sharing, learning and teaching themselves, disease. Furthermore, older people have the Ocean. Tom met the artists during one of the each other and all of us back on the planet highest rate of suicide of any age group. Thus, county hearings on the controversial project Earth. access to mental health services for seniors in and immediately became an advocate and They are the global patriots who are dedi- nursing homes is very important. supporter. He continued his association for the cated to each other and everyone, flying under Unfortunately, the inability for CSWs to bill next 28 years, traveling around the world to their respective national flags yet united by the Medicare Part B in SNFs has the effect of ex- help on other Christo projects. During this cloth of freedom and peace. That is why the cluding these highly skilled professionals from time, Tom collected works by the couple that loss of the Columbia is a loss not only to providing mental health services to this popu- became the largest private collection in the those who lost a relative, a friend, or a na- lation. This is particularly problematic in rural world and have now been donated to the tional, but also to everyone. and other medically underserved areas where Sonoma County Museum. While our space program must be put on hi- other Medicare-authorized mental health pro- Tom was born in Indiana and moved to atus temporarily so that NASA can work with viders such as psychiatrists and psychologists California in the 1930s. He spent time as a all relevant parties to solve the problems that are often unavailable. The National Associa- Trappist monk, in the Merchant Marine, and created this sad situation, we cannot—and tion of Social Workers, NASW, strongly sup- as a buyer for a grocery store chain before should not—stop this exploration of our world ports this access enhancing legislation. becoming a real estate broker. He and Jim and of our better selves. We must as a nation Clinical social workers are highly trained renovated San Francisco properties before and as a global community continue the path mental health professionals who have partici- moving to Sonoma County where Tom pres- laid down by people like Commander Rick D. pated in the Medicare program since 1987. sured officials to adopt strict historic preserva- Husband, Pilot William C. McCool, Payload They constitute the single largest group of tion laws and served on the Sonoma County Commander Michael P. Anderson, Mission mental health providers in the nation. Until Historic Landmark Commission. Specialists David M. Brown, Dr. Kalpana BBA’97, clinical social workers were able to He is survived by Kidder, his partner of over Chawla, and Laurel Blair Salton Clark, and bill Medicare directly for providing mental 50 years, as well as by his sister Joan Payload Specialist Colonel Ilan Ramon.

VerDate Jan 31 2003 05:09 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.012 E11PT1 February 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E183 Of the seven, I had the honor of meeting I thank the Speaker for allowing me to ad- featured in this article. Ed Roberts was the Colonel Ilan Ramon and I can tell you many dress the House today to express my condo- original barrier buster! Living in an iron lung, will miss him. Mr. Ramon was a decorated lences to all of us. Ed enrolled at the University of California at war veteran of the Israeli military, a top stu- f Berkeley in the 1960’s and went on to become dent and scientist and, having the opportunity the state director of vocation rehabilitation for to meet him, blessed with a warm personality. REMEMBERING MORTY HAVES the State of California. Ed helped found the This is a great loss for Israel and the greater Berkeley Center for Independent Living—a global community. HON. CAROLYN McCARTHY center that served as the model for centers This is a particular hit to the school children OF NEW YORK across the country that are now funded by the of the high school in Iryat Motzkin in northern IN THE HOUSE OF REPRESENTATIVES federal government to support the independ- Israel. Almost four years ago, this school se- Tuesday, February 11, 2003 ence of people with disabilities. lected about 35 of its students to compete in Berkeley is the heart and soul of the dis- Mrs. MCCARTHY of New York. Mr. Speak- a NASA program to send high school experi- ability rights movement as evidenced by Ed’s er, I rise to remember my friend Morty Haves, ments into space. The students gathered after legacy and the many vibrant disability organi- who recently passed away after a long and classes for extra work in astrophysics, as they zations that continue to operate there today. In healthy life. tried to dream up an experiment worthy of a honor of Ed and his legacy, nine of these or- trip into space. In the end, they wanted to Morty, a longtime resident of Hewlett Har- bor, was well-known and respected by his ganizations have come together to create the know how crystals would grow if they were Ed Roberts Campus. This important facility will freed of gravity. family, friends, neighbors and colleagues. After serving as a flight instructor in the Air be built at the BART Ashby stop. It will serve The experiment was envisioned as pure as a transit-friendly center in which people science and they were so proud to have one Force during World War II, Morty launched a long and successful career as a real estate with disabilities can meet their own needs for of their own citizens representing them in this advocacy, training, and independence and can mission of global patriotism. Unfortunately, like broker. In 1947, he opened Morton M. Haves, Inc. in Woodmere, which later relocated to actively participate in a movement that pro- too much else of late in their corner of the motes their full integration into society. world, the mission did not end in glory but Hewlett. Over the years, Morty helped to invig- The Ed Roberts Campus will serve as a na- sadness. orate the expanding Five Towns community, selling many of the homes in the area to new tional and international model of independence Additionally, while I never had the honor of and blossoming families. Eventually, his for people with disabilities. The nine organiza- meeting Dr. Kalpana Chawla, I do know of her daughter, Mary, joined him and continues to tions that make up the Ed Roberts Campus great accomplishments. She was only the sec- run the business today. are the Bay Area Outreach and Recreation ond Indian-born astronaut and the first woman Morty was an idealistic Democrat who Program, the Center for Accessible Tech- from India to travel into space, with this tragic served as a New York State elector for Presi- nology, the Center for Independent Living, Columbia mission serving as her second dent Jimmy Carter, and treasurer of the New Computer Technologies Program, Disability space flight. She is a great inspiration to India, York State Democratic Party under Governor Rights Advocates, Disability Rights Education representing the technological advances and Hugh Carey. He was the Democratic Com- and Defense Fund, Through the Looking know how that this country has contributed to mittee Zone Leader for Hewlett for a number Glass, Whirlwind Wheelchair International and all of us. She also served as a patriot to the of years. He was involved in his synagogue, the World Institute on Disability. people of her native India, to her adopted Temple Israel of Lawrence, where he served homeland of America and to all people, espe- I urge my colleagues to join me in sup- as a board member and was eventually cially women, as a sign that there are no porting the creation of this important campus named an honorary board member. boundaries to dreams. that celebrates the independence of people Morty was married to his wife, Elayne, for Additionally, our Nation lost 5 other he- with disabilities and honors the legacy of a 56 years. They had one son, Marc, and two roes—patriots who loved their country and great man who led the way for so many of daughters, Mary and Laurie. He had nine loved their world. People like Rick Husband, us—Ed Roberts. grandchildren, and one great-grandchild. William C. McCool, Michael Anderson, David [From the Washington Post, Jan. 28, 2003] I first met Morty in 1996 when I decided to Brown and Laurel Blair Salton Clark. run for Congress. He proved to be a fantastic INDEPENDENT LIVING’S REAL COSTS These seven are our modern day global pio- friend and close advisor. Whenever I needed (By Susan DeFord) neers, trekking a new world where war and help, regardless of the issue, Morty was able poverty and the divisions of people will hope- to lend a hand or a kind word. He was always Going to bed is one of Richard Schneider’s fully not be known. Space represents a clean available to point me in the right direction, and daily accomplishments. new start and a massive but exciting chal- I will never forget him. With the movement he retains in his right lenge for the people of our global community. arm and fingers, Schneider each evening The world mourns them. f turns the radio to softly playing jazz and But the global exploration of our universe THE ED ROBERTS CAMPUS guides his motorized wheelchair next to his and our selves will continue, so that one day, bed. Morita, his black cat, looks on. so many more of us will have the opportunity HON. BARBARA LEE Schneider reaches up for a black remote to tell our children and grandchildren that our control hanging by a cord from a motor that OF CALIFORNIA often tortured Earth looks much better, much rides on a ceiling-mounted metal track. A IN THE HOUSE OF REPRESENTATIVES metal clasp dangles from the device, and he more peaceful and much more as one, from Tuesday, February 11, 2003 hooks this onto the catch of a lightweight afar; and that we can use this physical vision fabric sling he wears like a vest. With the re- of unity to promote the greater inner vision of Ms. LEE. Mr. Speaker, I am pleased to mote control he operates the motor to lift global unity of mankind. place in the RECORD this important article from himself in the sling out of his wheelchair and In fact, it was Colonel Ramon, himself, who the January 28, 2003 Washington Post. This onto his bed. The maneuver ends as Schnei- summed up best the hopes of space and of article provides an excellent description of the der pulls up the bed covers up with a global patriotism will benefit all when he stated importance of independent living for people clawlike wooden stick. The whole process takes about half an hour. that as the son of a Holocaust survivor, he with disabilities and the challenges they face carries on the suffering of the Holocaust gen- in securing the independence they seek. Too Schneider, a 58-year-old retired research scientist, sums up his achievement simply: eration yet serves as proof that despite all the often people with disabilities, like Mr. Schnei- ‘‘I can go to bed when I want to go to bed.’’ horror the Jewish people went through, our der who is featured in the article, find inde- world is moving forward. pendence an uphill battle—not because of Schneider lives on his own despite the ef- fects of multiple sclerosis, an incurable, de- Mankind must continue to move forward, their disabilities, but because of government generative disease of the nervous system and if we embody the spirit and dedication of policies that promote dependence and institu- that over three decades has robbed him of these 7 global patriots and heroes, we will go tionalization. movement in his legs, torso and left arm. He forward to the benefit of everyone in space I was particularly pleased to see that one of has never lived in a nursing facility, and now and on Earth. my constituents who passed away in 1995, is makes his home in the remodeled basement

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of a ranch house he purchased in 2001 in a MS, and bewildered family members asked if INDEPENDENCE DAY semi-rural stretch of southern Howard Coun- he would get better. While he pursued different housing options, ty. ‘‘I knew what that meant for my life,’’ said Schneider hired personal care attendants and ‘‘Having other people do things I can do Schneider. turned to assistive technology. myself is not the way I want to live,’’ said More than 30 years later, he’s strapped into ‘‘The technological revolution is getting Schneider. his wheelchair to control involuntary muscle better every day,’’ said Brewster Thackeray, An array of social and technological im- spasms, a plastic bag draped on his lap to a spokesman for the National Organization provements has sustained Schneider as his collect urine through a catheter, and his feet on Disability. For example, he said, his boss, MS has advanced. Increasingly, people with swathed in foam padding to keep his skin a quadriplegic, can use voice-activated de- severe disabilities are pursuing ways to from disintegrating into bedsores. He takes vices to dial a telephone, open files on his avoid institutional care or the constant pres- seven medications daily, he wears a 24–hour computer and compose memos. ence of a human caretaker. emergency response necklace, and he’s been ‘‘The tragedy is, the technology exists, but That strategy ‘‘is eminently feasible,’’ said hospitalized 22 times. people with disabilities may not have access Michael Dalto, administrator of Maryland’s Physical therapy after one hospitalization to it,’’ said Thackeray. He referred to his or- assistive technology program, which in four a few years back got Schneider momentarily ganization’s 2000 national survey, which years has made 197 loans for equipment such standing upright. It brought tears of joy to showed that only 32 percent of people with as hospital beds, special computer keyboards his eyes. disabilities aged 18 to 64 are employed full or and accessible vans, ‘‘It’s beginning to hap- There’s no cure for MS, which causes the part time, and that 29 percent of people with pen more and more.’’ body’s immune system to erode the fatty disabilities live in poverty, with a household Independence advocates argue that federal sheath of myelin around nervous system fi- income of $15,000 or less. and state governments should put more bers, impairing the transmission of impulses Schneider considers his ceiling-mounted money into getting the disabled out of insti- to muscles and other organs. Since Schnei- lift the most important device he has to tutions, where an estimated 2.1 million re- der’s diagnosis, drugs have emerged to slow independently perform mundane daily tasks side, according to a five-year-old estimate the disease’s interference with the body’s im- such as using the toilet. But in 1995 he lost from the San Francisco-based Disability Sta- mune system. his argument to have Medicare pay for the tistics Center. (More recent figures are hard Though neurologists initially offered approximately $6,000 lift and used his own to come by; the Bureau of the Census, for ex- Schneider little in the way of treatment, money. Medicare regards the device as a ample, doesn’t report the number of disabled they told him to get on with his life, that it ‘‘convenience item’’ that doesn’t fit its defi- people living in nursing homes or group would be years before the disease’s symp- nition of medical equipment, according to an homes.) toms became severe. e-mailed explanation from a spokesperson with the Centers for Medicare and Medicaid More than 80 percent of Medicaid money Schneider adjusted, finished his doctorate Services. spent annually on long-term care goes to in- and launched a research career in Schneider faced more discouragement in stitutions, with community and at-home neurobiology at the University of Maryland 2000 and 2001, when he tried to get govern- services getting the remaining 20 percent, Medical School in Baltimore. A photograph ment assistance to install an elevator in his according to advocates. They want federal of him from those days shows him leaning Columbia townhouse. Local government and legislation to let people with disabilities de- slightly as he stands in a white lab coat and social service officials offered little hope, cide where they will receive government- bow tie, a solemn expression in his deep-set and one wrote Schneider suggesting that he funded services, rather than having the gov- eyes. He was intent on his investigation of and his neighbors hold a bake sale to raise ernment direct most of its money for assist- the body’s sensory detection system, mindful the money. But independent living advocates ance to institutions. that the clock was ticking. Over the course such as Jamey George insisted the state ‘‘It’s what most people want and what of a decade, he went from occasional awk- could help with low-interest loans. Schneider costs [government] the least,’’ said Gayle wardness in walking to using a cane and decided to sell his townhouse and buy a Hafner, a staff attorney with the Maryland crutches, then a motorized scooter. He re- home that could be remodeled to accommo- Disability Law Center. tired on disability in 1981, but continued his date several friends with MS who lived in But for Schneider, the struggle to stay research in the 1980s as a guest worker with independent is ever-present, in his com- nursing facilities. the National Institute of Mental Health in ‘‘I wanted to have a home for a group of plicated physical needs, in his face-offs with Bethesda and at universities in Montreal. In health care bureaucrats, in the simple frus- people who are disabled,’’ Schneider said. He late 1992, he developed a contracture in his believed a new law in Maryland would make tration of dropping a book and not being able right leg, and it bent permanently as mus- to pick it up. And with no spouse or family it easier, since it required state agencies to cles locked into place. With the contracture get more services to disabled adults in com- close by, independence sometimes feels like and growing loss of strength in his upper isolation. munity settings, rather than institutions. He body, it became increasingly difficult for still rankles at the reaction of one state re- ‘‘I’m living close to the edge,’’ Schneider Schneider to move on and off the stair glide said. habilitation official, who told him he wasn’t in his three-story Columbia townhouse. competent to run such a home. BORN IN THE ’60S At this point, Schneider contemplated a Schneider persevered, but it wasn’t long The notion that the disabled could live move to a nursing facility, and his top pick before he was struggling with misfiled loan independently emerged at the University of was Inglis House in Philadelphia, a 125-year- applications, climbing remodeling expenses California in the political ferment of the old institution that cares for the severely and ballooning debt. That’s when his cyber 1960s, and one of its principal proponents was disabled and draws many younger residents community stepped into the fray. Schneider a student who spent most of his days in an to its self-described ‘‘wheelchair commu- administers an online forum and support iron lung. Ed Roberts went on to become the nity,’’ But administrators acknowledged group for MS patients called MedSupport director of a state agency in California and that Inglis House would be a bad fit for that draws participants from 12 countries founded a disability think tank before his Schneider, a man who invests online, who and is an example of how the Internet has death in 1995. But he got his start organizing has his computer speak to him in a sultry forged new ties among people with disabil- the Berkeley Center for Independent Living. feminine German voice and who’s written a ities. One participant is Kimberly Hensel, a That was the precursor of 450 centers work of fiction about people with disabil- woman with severe MS who lives in a small, throughout the United States and its terri- ities. ‘‘Intellectually, it would be hell for me, isolated Arizona town. Hensel’s disease gar- tories that aim to make communities more and I do have an intellectual life,’’ said bles her speech, but she can communicate accessible and give people with disabilities Schneider, who was told during a visit that online by typing in a personalized shorthand the power to make their own decisions. Inglis House couldn’t accommodate his com- with one index finger: ‘‘most folks ive come ‘‘People with disabilities have the right to puter in his room. n contact w over the internet hav the desire live in their own homes, achieving their In 1995, Schneider teamed up with his How- 2 keep adaptn 2 their changn needs 2 b as independence just like everyone else,’’ said ard County friend Maria Turley, who also independent as we can,’’ she e-mailed. ‘‘often Jamey George, executive director of the had MS and wanted to stay out of a nursing we need a little help 2 enable us 2 do just Freedom Center, a Frederick-based agency. facility. Turley, who died last year, ap- that.’’ MedSupport members began sending Like other independent living centers, the proached her pastor and members of her hundreds of e-mails to the Maryland gov- Freedom Center offers people with disabil- church, the Orthodox Church of St. Matthew. ernor’s office asking for its intervention in ities peer support and referrals and prods A group formed to build St. Matthew House, Schneider’s case. government agencies for more community- an accessible home with suites for 15 dis- The office of Rep. Benjamin L. Cardin (D- based services. abled people that opened in Columbia in 1999. Md.) also got involved, arguing that state of- This approach was just getting its start in But while Turley moved in, Schneider ficials could choose between loaning Schnei- 1971 when Schneider first noticed a needle- couldn’t, because his pension and Social Se- der money or spending tens of thousands of like tingling in his legs and had an episode of curity disability payments, then totaling dollars annually—in Maryland the average blurred vision. about $22,000 annually, put him just beyond annual cost is $50,000—to keep him in a nurs- Schneider, a promising doctoral candidate income limits for the federally subsidized fa- ing home. at the University of Pittsburgh, was dis- cility. ‘‘It was a disappointment,’’ Schneider The bureaucrats relented, and last year traught when he received his diagnosis of said. ‘‘I felt rejected.’’ Schneider got two loans totaling $65,000 to

VerDate Jan 31 2003 05:09 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A11FE8.019 E11PT1 February 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E185 cover the cost of the $48,000 elevator and tunity to expand their knowledge about Ohio his dedication to public power and the resi- some of the remodeling. His ranch home now and the rest of the United States of America; dents of Utah. Mr. Judd has led the develop- has wide, sloping concrete walks from his and ment and success of the Utah Municipal front and back doors that draw him outside Whereas, Mater Dei School’s sixth graders even on wintry days. His basement quarters Power Agency (UMPA) and has set the feature a bathroom with a roll-in shower, a will learn about the Great State of Ohio from benchmark for the level of service and profes- a report given by Kyle Soltesz; and toilet with double grab bars and electronic sionalism that residents living in public power sensing devices, kitchen cabinets that ac- Whereas, Kyle Soltesz has worked diligently commodate his wheelchair, and appliances and thoroughly on his report, researching and communities in Utah have come to expect. At installed so that he can reach into them learning about the State of Ohio; the end of this year, Richard Judd will retire as from his wheelchair. Therefore, I join with the residents of the en- General Manager of UMPA and his presence But he ran out of money to remodel the tire 18th Congressional District of Ohio in hon- will be sorely missed. bathroom on the main floor and widen the oring Kyle Soltesz and his 6–B class of Mater hallways. The new elevator sits little used. Since 1970, Mr. Judd has played a key role Dei School. The home for his MS friends hasn’t hap- in the development of public power throughout pened, and Schneider rents out the first floor f Utah. He started his career with Bountiful City to an able-bodied tenant. His correspondence with the state Depart- EXPRESSING CONDOLENCES OF Power in 1970, where he was trained and cer- ment of Health and Mental Hygiene has con- THE HOUSES TO THE FAMILIES tified as a Journeyman Electric Utility Lineman vinced him that the state would try to make OF THE CREW OF THE SPACE and later promoted to crew supervisor. While him comply with elaborate licensure and SHUTTLE ‘‘COLUMBIA’’ at Bountiful City Power, Mr. Judd also served certification rules for what it calls his ‘‘resi- dential facility.’’ SPEECH OF as the Employees’ Association President. ‘‘If the health care bureaucracy isn’t at- In 1980, Mr. Judd became the Power De- tuned to working with people with disabil- HON. CLIFF STEARNS ities, it doesn’t matter what the words of the OF FLORIDA partment Supervisor at Nephi City Power. law are,’’ he said. IN THE HOUSE OF REPRESENTATIVES There he was given the responsibility of cre- Recently, Schneider hired two exercise Wednesday, February 5, 2003 ating a new department. He hired staff, estab- therapists, who came to his house for several lished policies and procedures, and coordi- weeks of half-hour sessions. They had him do Mr. STEARNS. Mr. Speaker, the mark of nated all improvements to the city’s power reps with four-pound weights on his good any great civilization can be measured by system. right arm, and worked with his left arm and those who are willing to put their lives at risk legs as well, under the theory that repeated for the advancement of their people. And with While at Nephi City Power, Mr. Judd served movement might invigorate his damaged nervous system. this in mind, Mr. Speaker, I rise with a grieving in the organization and development of the Schneider also has his longtime personal heart to commemorate the seven lives lost on Utah Municipal Power Agency, a joint action attendants help him do stretching exercises the shuttle Columbia. Not since the Challenger agency for six public power cities in Utah. He with his left arm to keep the muscles from tragedy in ’86 has America known this sort of was made General Manager of the agency in permanently contracting. During one visit, loss. In an age where space flight has become 1987. he grimaced as attendant Oretha Solee slow- second nature, we forget the untold peril that ly pulled his extended arm out and behind these men and women face with each mis- Under the direction of Mr. Judd, UMPA set his back. the standard for public power agencies in pro- ‘‘That’s good, that’s enough,’’ he whis- sion. Bound by bravery and the faith in their pered. mission, these heroes took on risks for the viding efficient service, a stable power supply, Someday, Schneider says, there may be a betterment of mankind. These men and and a commitment to its member cities. During medical breakthrough in MS, and he wants women, America and Israel’s elite, sought the recent energy crisis that plagued western to remain as limber as he can be. In the more than personal success, they braved the states, UMPA members were the only utilities meantime, he receives calls from health care skies for the greater good, representing the bureaucrats who want to update their in the state and the greater western region records and ask if he still has MS. Yes, he world’s strongest space program. But as we that did not raise retail rates as a result of the tells them, and he recounts the conversa- grieve the loss of the Columbia’s crew, earth’s outrageous market prices. men and women will continue answering the tions with sardonic resignation. He has Through committee testimony and service learned to live with it. call, placing the mantel of space exploration on energy task forces, Mr. Judd has provided f over their shoulders. I wish to extend my deepest sympathies to the families of the expert knowledge to the Utah State Legisla- A PROCLAMATION HONORING crewmembers; in our prayers and in our ture and the Governor of Utah. MATER DEI SCHOOL’S 6–B CLASS hearts, the men and women of the Columbia As an unselfish supporter of public power, will never be forgotten. Mr. Judd has distinguished himself throughout HON. ROBERT W. NEY f his career as a devoted employee, an inno- OF OHIO IN THE HOUSE OF REPRESENTATIVES HONORING G. RICHARD JUDD vator, and a skillful leader. Tuesday, February 11, 2003 Therefore, I am proud to join with his many HON. CHRIS CANNON colleagues in extending my praise and con- Mr. NEY. Mr. Speaker, whereas, the 6–B OF UTAH gratulations to Richard Judd for his dedicated class of Mater Dei School and their teacher, IN THE HOUSE OF REPRESENTATIVES Mr. Jim Geimer, are hereby named honorary service to public power communities through- citizens of Ohio on February 13, 2003; and Tuesday, February 11, 2003 out the great state of Utah. I extend my most Whereas, Mr. Deimer should be com- Mr. CANNON. Mr. Speaker, I rise today to heartfelt good wishes for all his future endeav- mended for allowing his students the oppor- honor Mr. Richard Judd for his devotion and ors.

VerDate Jan 31 2003 05:09 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A11FE8.021 E11PT1 Tuesday, February 11, 2003 Daily Digest Senate Virginia, to be United States Circuit Judge for the Chamber Action District of Columbia Circuit. Pages S2125–72 Routine Proceedings, pages S2125–S2230 A unanimous-consent agreement was reached pro- Measures Introduced: Twenty-five bills and five viding for further consideration of the nomination at resolutions were introduced, as follows: S. 339–363, 9:30 a.m., on Wednesday, February 12, 2003. S. Res. 51–54, and S. Con. Res. 4. Pages S2187–88 Page S2228 Measures Reported: Discharged and Referred—Agreement: A unani- Report to accompany S. 151, to amend title 18, mous-consent agreement was reached providing that United States Code, with respect to the sexual ex- S. 277, to authorize the Secretary of the Interior to ploitation of children. (S. Rept. No. 108–2) construct an education and administrative center at S. 111, to direct the Secretary of the Interior to the Bear River Migratory Bird Refuge in Box Elder conduct a special resource study to determine the na- County, Utah, be discharged from the Committee on tional significance of the Miami Circle site in the Energy and Natural Resources and referred to the State of Florida as well as the suitability and feasi- Committee on Environment and Public Works. bility of its inclusion in the National Park System Page S2227 as part of Biscayne National Park, with an amend- ment in the nature of a substitute. (S. Rept. No. Discharged and Referred—Agreement: A unani- 108–4) mous-consent agreement was reached providing that S. 117, to authorize the Secretary of Agriculture S. Res. 51, authorizing expenditures by the Com- to sell or exchange certain land in the State of Flor- mittee on Governmental Affairs, be discharged from ida. (S. Rept. No. 108–5) the Committee on Governmental Affairs and referred S. 144, to require the Secretary of the Interior to to the Committee on Rules and Administration. establish a program to provide assistance through Page S2227 States to eligible weed management entities to con- Removal of Injunction of Secrecy: The injunction trol or eradicate harmful, nonnative weeds on public of secrecy was removed from the following treaty: and private land, with an amendment in the nature Amendments to 1987 Treaty on Fisheries with of a substitute. (S. Rept. No. 108–6) Pacific Island States, (Treaty Doc. No. 108–2). S. 210, to provide for the protection of archae- The treaty was transmitted to the Senate today, ological sites in the Galisteo Basin in New Mexico. considered as having been read for the first time, and (S. Rept. No. 108–7) referred, with accompanying papers, to the Com- S. 214, to designate Fort Bayard Historic District mittee on Foreign Relations and ordered to be print- in the State of New Mexico as a National Historic ed. Pages S2227–28 Landmark, with an amendment in the nature of a substitute. (S. Rept. No. 108–8) Nominations Received: Senate received the fol- S. 233, to direct the Secretary of the Interior to lowing nominations: conduct a study of Coltsville in the State of Con- Jeffrey Shane, of the District of Columbia, to be necticut for potential inclusion in the National Park Under Secretary of Transportation for Policy. (New System. (S. Rept. No. 108–9) Position) S. 254, to revise the boundary of the Kaloko- Lino Gutierrez, of Florida, to be Ambassador to Honokohau National Historical Park in the State of Argentina. Hawaii. (S. Rept. No. 108–10) Reno L. Harnish, of California, to be Ambassador S. Res. 53, authorizing expenditures by the Com- to the Republic of Azerbaijan. mittee on Veterans’ Affairs. Pages S2186–87 Jeffrey Lunstead, of the District of Columbia, to Nomination Considered: Senate continued consid- be Ambassador to the Democratic Socialist Republic eration of the nomination of Miguel A. Estrada, of of Sri Lanka, and to serve concurrently and without D112

VerDate Jan 31 2003 06:16 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11FE3.REC D11FE3 February 11, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D113 additional compensation as Ambassador to the Re- mony from Alan Greenspan, Chairman, Board of public of Maldives. Governors of the Federal Reserve System. John W. Snow, of Virginia, to be United States NOMINATION Governor of the International Monetary Fund for a term of five years; United States Governor of the Committee on Banking, Housing, and Urban Affairs: International Bank for Reconstruction and Develop- Committee ordered favorably reported the nomina- ment for a term of five years; United States Gov- tion of William H. Donaldson, of New York, to be ernor of the Inter-American Development Bank for a Member of the Securities and Exchange Commis- a term of five years; United States Governor of the sion. African Development Bank for a term of five years; 2004 BUDGET United States Governor of the Asian Development Committee on the Budget: Committee concluded hear- Bank; United States Governor of the African Devel- ings to examine the President’s International Affairs opment Fund; United States Governor of the Euro- Budget for Fiscal Year 2004, after receiving testi- pean Bank for Reconstruction and Development. mony from Colin L. Powell, Secretary of State. Gregory A. White, of Ohio, to be United States Attorney for the Northern District of Ohio for the FAA AUTHORIZATION term of four years. Committee on Commerce, Science, and Transportation: 2 Air Force nominations in the rank of general. Committee concluded hearings on proposed legisla- Routine lists in the Air Force, Army, Marine tion authorizing funds for the Federal Aviation Ad- Corps. Pages S2228–30 ministration and the economic condition of the air- Nominations Withdrawn: Senate received notifica- line industry, after receiving testimony from Marion tion of withdrawal of the following Nominations: C. Blakey, Administrator, Federal Aviation Adminis- Jeffrey Shane, of the District of Columbia, to be tration, and Kenneth M. Mead, Inspector General, Associate Deputy Secretary of Transportation, which both of the Department of Transportation. was sent to the Senate on January 9, 2003. 2004 BUDGET: DEPARTMENT OF THE Page S2230 INTERIOR Messages From the House: Page S2184 Committee on Energy and Natural Resources: Committee Measures Referred: Page S2184 concluded hearings to examine the President’s pro- posed budget request for fiscal year 2004 for the De- Executive Communications: Pages S2185–86 partment of the Interior, after receiving testimony Executive Reports of Committees: Page S2187 from Gale A. Norton, Secretary of the Interior. Additional Cosponsors: Page S2188 NOMINATION Statements on Introduced Bills/Resolutions: Committee on Energy and Natural Resources: Committee Pages S2188–S2226 concluded hearings to examine the nomination of Jo- Additional Statements: Page S2184 seph Timothy Kelliher, of the District of Columbia, to be a Member of the Federal Energy Regulatory Notices of Hearings/Meetings: Page S2226 Commission, after the nominee testified and an- Authority for Committees to Meet: Pages S2226–27 swered questions in his own behalf. Privilege of the Floor: Page S2227 ECONOMIC GROWTH AND JOB CREATION Adjournment: Senate met at 9:30 a.m, and ad- Committee on Finance: Committee held hearings to ex- journed at 8:10 p.m., until 9:30 a.m., on Wednes- amine proposals for economic growth and job cre- day, February 12, 2003. (For Senate’s program, see ation, focusing on incentives for consumption and the remarks of the Acting Majority Leader in today’s investment, receiving testimony from Oklahoma Record on page S2228.) State Senator Angela Monson, Oklahoma City, on behalf of the National Conference of State Legisla- Committee Meetings tures; and Chris R. Edwards, Cato Institute, Stephen J. Entin, Institute for Research on the Economics of (Committees not listed did not meet) Taxation, and Peter R. Orszag, Brookings Institu- MONETARY POLICY REPORT tion, all of Washington, D.C. Hearings recessed subject to call. Committee on Banking, Housing, and Urban Affairs: Committee concluded hearings to examine the semi- FUTURE OF POSTCONFLICT IRAQ annual Monetary Policy Report of the Federal Re- Committee on Foreign Relations: Committee concluded serve and the economic outlook, after receiving testi- hearings to examine the state of security in a post-

VerDate Jan 31 2003 06:16 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11FE3.REC D11FE3 D114 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 2003 conflict situation in Iraq, after receiving testimony NATIONAL SECURITY THREATS from Marc I. Grossman, Under Secretary for Political Select Committee on Intelligence: Committee concluded Affairs, Department of State; Douglas J. Feith, hearings to examine the current and projected na- Under Secretary for Policy, Department of Defense; tional security threats to the United States, after re- Anthony H. Cordesman, Center for Strategic and ceiving testimony from George Tenet, Director of International Studies, and Anthony Zinni, former Central Intelligence, Central Intelligence Agency; Commander in Chief of United States Central Com- Robert S. Mueller III, Director, Federal Bureau of mand, both of Washington, D.C.; and Scott R. Feil, Investigation, Department of Justice; Vice Adm. Arlington, Virginia. Lowell E. Jacoby, USN, Director, Defense Intel- PATIENT HEALTH CARE ACCESS ligence Agency; and Carl Ford, Assistant Secretary of Committee on Health, Education, Labor, and Pensions: State for Intelligence and Research. Committee concluded joint hearings with the Com- INTELLIGENCE mittee on the Judiciary to examine the status of pa- tient access to quality health care, focusing on the Select Committee on Intelligence: Committee held closed role of medical litigation and malpractice reform, hearings on intelligence matters, receiving testimony after receiving testimony from Jose Montemayor, from officials of the intelligence community. Texas Commissioner of Insurance, Austin; Shelby L. Hearings recessed subject to call. Wilbourn, Belfast, Maine, on behalf of the American ELDERLY GUARDIANSHIP College of Obstetricians and Gynecologists; Lawrence E. Smarr, Physician Insurers Association of America, Special Committee on Aging: Committee concluded Rockville, Maryland; Jay Angoff, Roger G. Brown hearings to examine certain issues of guardianship and Associates, Jefferson City, Missouri; Laurie Peel, over the elderly, focusing on alternative approaches, Raleigh, North Carolina; Linda McDougal, Wood- motives of petitioners in contested proceedings, ville, Wisconsin; and Leanne Dyess, Vicksburg, Mis- guardian accountability and monitoring, after receiv- sissippi. ing testimony from Michael S. Kutzin, Goldfarb and Abrandt, and Jane M. Pollack, both of New York, BUSINESS MEETING New York; Penelope A. Hommell, Center for Social Committee on Veterans’ Affairs: Committee ordered fa- Gerontology, Ann Arbor, Michigan; Robin Warjone, vorably reported an original resolution (S. Res. 53) Seattle, Washington; Diane G. Armstrong, Santa authorizing expenditures by the Committee, and Barbara, California; Robert L. Aldridge, Boise, adopted its rules of procedure for the 108th Con- Idaho; and A. Frank Johns, Greensboro, North Caro- gress. lina.

VerDate Jan 31 2003 06:16 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11FE3.REC D11FE3 February 11, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D115 House of Representatives Commemorating the 92nd Birthday of Former Chamber Action President Ronald Reagan: H.J. Res. 19, recog- Measures Introduced: 53 public bills, H.R. nizing the 92d birthday of Ronald Reagan (agreed 657–709; 3 private bills, H.R. 710–712; and 8 reso- to by a yea-and-nay vote of 406 yeas with 11 voting lutions, H. Con. Res. 32–33, and H. Res. 61–66, ‘‘present’’, Roll No. 23); Pages H346–50, H363–64 were introduced. Pages H389–92 Congratulating the University of Portland Pilots Additional Cosponsors: Pages H392–93 Women’s Soccer Team: H. Res. 41, congratulating Reports Filed: Reports were filed today as follows: the University of Portland women’s soccer team for H.R. 395, to authorize the Federal Trade Com- winning the 2002 NCAA Division I national cham- mission to collect fees for the implementation and pionship; and Pages H350–54 enforcement of a ‘‘do-not-call’’ registry (H. Rept. Subsidy Rate for Small Business Loans: S. 141, 108–8). Page H389 to improve the calculation of the Federal subsidy Speaker Pro Tempore: Read a letter from the rate with respect to certain small business loans— Speaker wherein he appointed Representative clearing the measure for the President. Pages H354–56 Ballenger to act as Speaker pro tempore for today. Consideration of Do-Not-Call Implementation Page H329 Act: Agreed that it be in order at any time without Recess: The House recessed at 12:52 p.m. and re- intervention of any point of order to consider in the convened at 2 p.m. Page H331 House H.R. 395, to authorize the Federal Trade Presidential Message: Message wherein he trans- Commission to collect fees for the implementation mitted the Economic Report of the President and and enforcement of a ‘‘do-not-call’’ registry, that the the 2003 Annual Report of the Council of Economic bill be considered as read for amendment; that it be Advisers—referred to the Joint Economic Committee debatable for one hour equally divided and con- and ordered printed H. Doc. 108–2. Page H334 trolled by the Chairman and ranking minority mem- ber of the Committee on Energy and Commerce; and Condemning Libya’s Selection to Chair Commis- that the previous question be considered as ordered sion on Human Rights: H. Con. Res. 27, con- on the bill to final passage without intervening mo- demning the selection of Libya to chair the United tion. Page H350 Nations Commission on Human Rights (agreed to by a yea-and-nay vote of 402 yeas to 2 nays with 8 Recess: the House recessed at 5:12 p.m. and recon- voting ‘‘present,’’ Roll No. 20); vened at 6:30 p.m. Page H361 Pages H334–39, H361–62 Permanent Select Committee on Intelligence Honoring Czech Republic President Vaclav Membership: The Chair announced the Speaker’s Havel: H. Con. Res. 22, honoring Czech Republic appointment of Representatives Gallegly and Collins President Vaclav Havel (agreed to by a yea-and-nay to the Permanent Select Committee on Intelligence. vote of 415 yeas with none voting ‘‘nay’’, Roll No. Page H361 21); Pages H339–43, H362 Committee Election—Majority Members: The Commending Israel for its Free and Fair Elec- House agreed to H. Res. 63, electing the following tions: H. Res. 61, commending the people of Israel members to the following standing committees of for conducting free and fair elections, reaffirming the the House of Representatives: friendship between the Governments and peoples of Budget: Representative Shays to rank after Chair- the United States and Israel (agreed to by a yea-and- man Nussle and Representative Brown-Waite to nay vote of 411 yeas to 2 nays with 3 voting rank after Representative Hensarling; Page H364 ‘‘present,’’ Roll No. 22); Pages H343–45, H363 Education and the Workforce: Representative Extension of Hydro-Electric Licenses in Alaska: H.R. 337, to extend certain hydro-electric licenses in Gingrey; the State of Alaska; Pages H345–46 Science: Representative Gilchrest to rank after Extension of Hydro-Electric License in Illinois: Representative Biggert and Representative Feeney to H.R. 397, to reinstate and extend the deadline for rank after Representative Bonner; Page H364 commencement of construction of a hydroelectric Small Business: Representative Chocola; and project in the State of Illinois; Page H346 Page H364

VerDate Jan 31 2003 06:16 Feb 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D11FE3.REC D11FE3 D116 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 2003 Standards of Official Conduct: Representatives Subcommittee on Space and Aeronautics to examine the Hastings of Washington, Biggert, Hulshof, and recent space shuttle Columbia accident, 9:30 a.m., LaTourette. Page H364 SR–325. Subcommittee on Oceans, Atmosphere, and Fisheries, Quorum Calls—Votes: Four yea-and-nay votes de- to hold hearings to examine Coast Guard transition to veloped during the proceedings of the House today Homeland Security, 2:30 p.m., SR–253. and appear on pages H361–62, H362, H363, Committee on Environment and Public Works: business H363–64. There were no quorum calls. meeting to markup S.195, to amend the Solid Waste Adjournment: The House met at 12:30 p.m. and Disposal Act to bring underground storage tanks into adjourned at 9:36 p.m. compliance with subtitle I of that Act, to promote clean- up of leaking underground storage tanks, to provide suffi- cient resources for such compliance and cleanup, and an Committee Meetings original resolution authorizing expenditures by the com- COMMITTEE ORGANIZATION; OVERSIGHT mittee, 9:30 a.m., SD–406. REPORT Committee on Finance: to continue hearings to examine proposals for economic growth and job creation, focusing Committee on Appropriations: Met for organizational on incentives for consumption; to be followed by hearings purposes. to examine the nominations of Joseph Robert Goeke, of The Committee approved and Oversight Plan for Illinois, to be a Judge of the United States Tax Court, the 108th Congress. Glen L. Bower, of Illinois, to be a Judge of the United States Tax Court, Daniel Pearson, of Minnesota, to be a COMMITTEE ORGANIZATION; OVERSIGHT Member of the United States International Trade Com- REPORT mission, Charlotte A. Lane, of West Virginia, to be a Committee on International Relations: Met for organiza- Member of the United States International Trade Com- tional purposes. mission, and Raymond T. Wagner, Jr., of Missouri, to be The Committee approved an Oversight Plan for a Member of the Internal Revenue Service Oversight the 108th Congress. Board for the remainder of the term expiring September 14, 2004, 9:30 a.m., SD–215. DEPARTMENT OF VETERANS AFFAIRS— Committee on Foreign Relations: to hold hearings to exam- BUDGET REQUEST ine the reconstruction of Afghanistan, 9:30 a.m., SD–419. Committee on Veterans’ Affairs: Held a hearing on the Committee on Health, Education, Labor, and Pensions: busi- Department of Veterans Affairs Budget request for ness meeting to consider committee’s rules of procedure for the 108th Congress, subcommittee assignments, S. Fiscal Year 2004. Testimony was heard from the fol- 239, to amend the Public Health Services Act to add re- lowing officials of the Department of Veterans Af- quirements regarding trauma care, proposed legislation fairs: Anthony J. Principi, Secretary; and Robert H. entitled ‘‘Keeping Children and Families Safe Act of Rosell, M.D., Under Secretary, Health; and rep- 2003’’, proposed legislation concerning NIH Foundation, resentatives of veterans’ organizations. proposed legislation concerning birth defects, and pro- posed legislation entitled ‘‘Animal Drug User Fee Act’’, Joint Meetings 10 a.m., SD–430. Committee on Indian Affairs: to hold hearings to examine OMNIBUS APPROPRIATIONS the nomination Ross O. Swimmer, to be Special Trust- Conferees on Monday, February 10, met to resolve the ee—American Indians, Department of the Interior, 10 differences between the Senate and House passed a.m., SR–485. versions of H.J. Res. 2, making further continuing Committee on the Judiciary: to hold hearings to examine the nominations of Timothy M. Tymkovich, of Colorado, appropriations for the fiscal year 2003, but did not to be United States Circuit Judge for the Tenth Circuit, complete action thereon, and recessed subject to call. J. Daniel Breen, to be United States District Judge for f the Western District of Tennessee, William H. Steele, to be United States District Judge for the Southern District COMMITTEE MEETINGS FOR WEDNESDAY, of Alabama, Thomas A. Varlan, to be United States Dis- FEBRUARY 12, 2003 trict Judge for the Eastern District of Tennessee, Timothy (Committee meetings are open unless otherwise indicated) C. Stanceu, of Virginia, to be a Judge of the United States Court of International Trade, and Marian Blank Senate Horn, of Maryland, to be a Judge of the United States Committee on Armed Services: to hold hearings to examine Court of Federal Claims, 9:30 a.m., SD–226. the current and future worldwide threats to the national security of the United States; to be followed by a closed House meeting to be held in SH–219, 9:30 a.m., SH–216. Committee on Agriculture, to meet for organizational pur- Committee on Commerce, Science, and Transportation: to poses, and to consider an Oversight Plan for the 108th hold joint hearings with the House Committee on Science Congress, 1 p.m., 1300 Longworth.

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Committee on Armed Services, hearing on the fiscal year the 108th Congress; and to mark up H.R. 534, Human 2004 National Defense Authorization budget request, 10 Cloning Prohibition Act of 2003, 10:15 a.m., 2141 Ray- a.m., 2118 Rayburn. burn. Committee on the Budget, hearing on the Department of Committee on Resources, to meet for organizational pur- Transportation Budget Priorities Fiscal Year 2004, 10 poses, 3 p.m., 1324 Longworth. a.m., 210 Cannon. Committee on Rules, to consider the following: H.R. 4, Committee on Education and the Workforce, hearing on Personal Responsibility, Work, and Family Promotion ‘‘Back to Work: the Administration’s Plan for Economic Act of 2003; an Oversight Plan for the 108th Congress; Recovery and the Workforce Investment Act,’’ 10:30 and the Committee Budget Request for 108th Congress, a.m., 2175 Rayburn. 3 p.m., H–313 Capitol. Committee on Energy and Commerce, hearing entitled ‘‘A Committee on Transportation and Infrastructure, to meet Review of the Administration’s Fiscal Year 2004 Health for organizational purposes and to consider an Oversight Care Priorities,’’ followed by consideration of the fol- Plan for the 108th Congress, 11 a.m., 2167 Rayburn. lowing: further organizational business; an Oversight Plan Subcommittee on Aviation, hearing on reauthorization for the 108th Congress; and H.R. 663, Patient Safety and of the FAA and the Aviation Programs: Introduction, 2 Quality Improvement Act, 10 a.m., 2123 Rayburn. p.m., 2167 Rayburn. Committee on Financial Services, hearing on monetary pol- Committee on Ways and Means, Subcommittee on Select icy and the state of the economy, 10 a.m., 2128 Rayburn. Revenue Measures, to meet for organizational purposes, Subcommittee on Capital Markets, Insurance, and Gov- ernment Sponsored Enterprises, hearing entitled ‘‘Recov- 10:30 a.m., 1129 Longworth. ery and Renewal: Protecting the Capital Markets Against Subcommittee on Social Security, to meet for organiza- Terrorism Post 9/11,’’ 3 p.m., 2128 Rayburn. tional purposes, 10 a.m., B–318 Rayburn. Committee on International Relations, hearing on the Joint Meetings President’s International Affairs Budget request for Fiscal Year 2004, 10 a.m., 2172 Rayburn. Joint Meetings: Senate Committee on Commerce, Subcommittee on Africa, hearing on Prospects for Science, and Transportation, to hold joint hearings with Peace in Ivory Coast, 2 p.m., 2172 Rayburn. the House Committee on Science Subcommittee on Space Committee on the Judiciary, to meet for organizational and Aeronautics to examine the recent space shuttle Co- purposes; to consider the following: an Oversight Plan for lumbia accident, 9:30 a.m., SR–325.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 12 10 a.m., Wednesday, February 12

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of 2 suspen- ation of the nomination of Miguel A. Estrada, of Vir- sions: ginia, to be United States Circuit Judge for the District (1) H.R. 346, American Spirit Fraud Prevention Act, of Columbia Circuit. (2) H. Res. 62, Recognizing the courage and sacrifice of United States Armed Forces held as POWs during the Vietnam conflict and calling for a full accounting of all MIAs and Consideration of H.R. 395, Do-Not-Call Implementa- tion Act (Unanimous Consents, 1 Hour of Debate).

Extensions of Remarks, as inserted in this issue

HOUSE McCarthy, Carolyn, N.Y., E183 Skelton, Ike, Mo., E179, E181 Ney, Robert W., Ohio, E185 Stark, Fortney Pete, Calif., E180, E182 Cannon, Chris, Utah, E185 Pallone, Frank, Jr., N.J., E179 Stearns, Cliff, Fla., E185 Crowley, Joseph, N.Y., E182 Shaw, E. Clay, Jr., Fla., E179, E181 Thompson, Mike, Calif., E182 Lee, Barbara, Calif., E183 Shimkus, John, Ill., E179, E181 Woolsey, Lynn C., Calif., E180, E182

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