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

Vol. 148 WASHINGTON, FRIDAY, SEPTEMBER 13, 2002 No. 116 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE nication from RICHARD A. GEPHARDT, called to order by the Speaker pro tem- The SPEAKER pro tempore. The Democratic Leader: pore (Mr. ADERHOLT). Chair will lead the House in the Pledge OFFICE OF THE DEMOCRATIC LEADER, HOUSE OF REPRESENTATIVES, f of Allegiance. The Speaker pro tempore led the Washington, DC, September 12, 2002. Hon. J. DENNIS HASTERT, DESIGNATION OF THE SPEAKER Pledge of Allegiance as follows: PRO TEMPORE Speaker of the House, House of Representatives, I pledge allegiance to the Flag of the Washington, DC. The SPEAKER pro tempore laid be- United States of America, and to the Repub- DEAR MR. SPEAKER: Pursuant to Section fore the House the following commu- lic for which it stands, one nation under God, 101(f) of the Ticket to Work and Work Incen- nication from the Speaker: indivisible, with liberty and justice for all. tives Improvement Act of 1999 (Public Law 106–170), I hereby reappoint the following in- WASHINGTON, DC, f dividual to the Ticket to Work and Work In- September 13, 2002. centives Advisory Panel: I hereby appoint the Honorable ROBERT B. MESSAGE FROM THE SENATE Ms. Frances Gracechild of to a 4- ADERHOLT to act as Speaker pro tempore on A message from the Senate by Mr. year term. this day. MONAHAN, one of its clerks, announced Yours Very Truly, J. DENNIS HASTERT, that the Senate has passed without RICHARD A. GEPHARDT. Speaker of the House of Representatives. amendment a bill and a concurrent res- f f olution of the House of the following titles: SENATE BILL REFERRED PRAYER H.R. 3880. An act to provide a temporary A bill of the Senate of the following The Chaplain, the Reverend Daniel P. waiver from certain transportation con- title was taken from the Speaker’s Coughlin, offered the following prayer: formity requirements and metropolitan table and, under the rule, referred as transportation planning requirements under In You, O Lord, we find wisdom and follows: hope. In the dark night, You bring the Clear Air Act and under other laws for S. 2513. An Act to assess the extent of the forth light. In loneliness, You make certain areas in where the plan- ning offices and resources have been de- backlog in DNA analysis of rape kit samples, Your presence known. In times of stroyed by acts of terrorism, and for other and to improve investigation and prosecu- doubt and indecision, You speak Your purposes. tion of sexual assault cases with DNA evi- word. In facing threats that frighten H. Con. Res. 183. Concurrent Resolution ex- dence; to the Committee on the Judiciary. us, You providentially provide con- pressing the sense of Congress regarding the f firmation that strengthens resolve and United States Congressional Philharmonic frees the spirit. You are the source of Society and its mission of promoting musi- ADJOURNMENT cal excellence throughout the educational all power and the foundation of all The SPEAKER pro tempore. Without human freedom; therefore, we place our system and encouraging people of all ages to commit to the love and expression of musi- objection, the House stands adjourned trust in You. cal performance. until 12:30 p.m. on Tuesday next for Be with this Nation at this time of morning hour debates. its recovery from the sad events which The message also announced that the Senate has passed a bill of the fol- There was no objection. have affected both the people and the Accordingly (at 10 o’clock and 4 min- economy in this past year. Make us lowing title, in which the concurrence of the House is requested: utes a.m.), under its previous order, the once again strong and united so that House adjourned until Tuesday, Sep- S. 2513. An act to assess the extent of the we can be Your instrument of peace tember 17, 2002, at 12:30 p.m., for morn- and justice in the world. Amen. backlog in DNA analysis of rape kit samples, and to improve investigation and prosecu- ing hour debates. f tion of sexual assault cases with DNA evi- f dence. THE JOURNAL EXECUTIVE COMMUNICATIONS, f The SPEAKER pro tempore. The ETC. Chair has examined the Journal of the COMMUNICATION FROM HON. RICH- Under clause 8 of rule XII, executive last day’s proceedings and announces ARD A. GEPHARDT, DEMOCRATIC communications were taken from the to the House his approval thereof. LEADER Speaker’s table and referred as follows: Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore laid be- 9111. A letter from the Principal Deputy nal stands approved. fore the House the following commu- Associate Administrator, Environmental

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

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VerDate Sep 04 2002 00:31 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A13SE7.000 H13PT1 H6254 CONGRESSIONAL RECORD — HOUSE September 13, 2002 Protection Agency, transmitting the Agen- FRL-7273-5] received September 6, 2002, pur- transfer of major defense equipment from cy’s final rule — Iodosulfuron-Methyl-So- suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Government of Jordan [Transmittal dium; Pesticide Tolerance [OPP-2002-0141 mittee on Energy and Commerce. RSAT-3-02]; to the Committee on Inter- FRL-7187-2] received September 6, 2002, pur- 9122. A letter from the Principal Deputy national Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Associate Administrator, Environmental 9133. A letter from the Assistant Secretary mittee on Agriculture. Protection Agency, transmitting the Agen- for Legislative Affairs, Department of State, 9112. A letter from the Assistant Secretary cy’s final rule — Approval and Promulgation transmitting notification that the President of the Navy, Department of Defense, trans- of State Implementation Plans; Minnesota has invoked his authority under the Inter- mitting notification of the Department’s de- [MN69-7294a; FRL-7264-9] received September national Emergency Economic Powers Act cision to study certain functions performed 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to (IEEPA) to continue the system of export by military and civilian personnel in the De- the Committee on Energy and Commerce. controls in effect under the EAA; to the partment of the Navy for possible perform- 9123. A letter from the Principal Deputy Committee on International Relations. ance by private contractors, pursuant to 10 Associate Administrator, Environmental 9134. A letter from the White House Liai- U.S.C. 2461; to the Committee on Armed Protection Agency, transmitting the Agen- son, Department of Education, transmitting Services. cy’s final rule — Oregon: Final Authoriza- a report pursuant to the Federal Vacancies 9113. A letter from the Secretary, Depart- tion of State Hazardous Waste Management Reform Act of 1998; to the Committee on ment of Transportation, transmitting the Program Revision [FRL-7373-6] received Sep- Government Reform. 9135. A letter from the Secretary, Depart- annual report of the Maritime Administra- tember 6, 2002, pursuant to 5 U.S.C. ment of the Treasury, transmitting the De- tion (MARAD) for Fiscal Year 2001, pursuant 801(a)(1)(A); to the Committee on Energy and partment’s draft legislation entitled, ‘‘To to 46 U.S.C. app. 1118; to the Committee on Commerce. improve the administration of Federal pen- 9124. A letter from the Assistant Secretary Armed Services. sion benefit payments for District of Colum- 9114. A letter from the Assistant Secretary, for Legislative Affairs, Department of State, bia teachers, police, firefighters, and judges, Department of Defense, transmitting the De- transmitting certification of a proposed li- and for other purposes’’; to the Committee partment’s report entitled, ‘‘Alternatives to cense for the export of defense articles or de- on Government Reform. Fee Basis Physicians for Military Entrance fense services sold commercially under a 9136. A letter from the Under Secretary, Physical Examinations’’; to the Committee contract to International Waters in the Pa- Department of Defense, transmitting the De- on Armed Services. cific Ocean and French Guiana [Transmittal partment’s FY 2001 Annual Statement of As- 9115. A letter from the Director, Office of No. DTC 214-02], pursuant to 22 U.S.C. 2776(c); surance, pursuant to 31 U.S.C. 3512(c)(3); to Management and Budget, transmitting an to the Committee on International Rela- the Committee on Government Reform. appropriation report, as required by the Bal- tions. 9137. A letter from the White House Liai- anced Budget and Emergency Deficit Control 9125. A letter from the Assistant Secretary son, Department of Education, transmitting Act of 1985, as amended; to the Committee on for Legislative Affairs, Department of State, a report pursuant to the Federal Vacancies the Budget. transmitting certification of a proposed li- Reform Act of 1998; to the Committee on 9116. A letter from the Assistant Secretary, cense for the export of defense articles or de- Government Reform. Department of Education, transmitting fense services sold commercially under a 9138. A letter from the Human Resources Final Priorities —— Rehabilitation Research contract to India [Transmittal No. DTC 45- Specialist, Department of Labor, transmit- Training Centers program, pursuant to 20 02], pursuant to 22 U.S.C. 2776(c); to the Com- ting a report pursuant to the Federal Vacan- U.S.C. 1232(f); to the Committee on Edu- mittee on International Relations. cies Reform Act of 1998; to the Committee on cation and the Workforce. 9126. A letter from the Assistant Secretary Government Reform. 9117. A letter from the Principal Deputy for Legislative Affairs, Department of State, 9139. A letter from the General Counsel, Of- Associate Administrator, Environmental transmitting certification of a proposed li- fice of Management and Budget, transmit- Protection Agency, transmitting the Agen- cense for the export of defense articles or de- ting a report pursuant to the Federal Vacan- cy’s final rule — Ambient Air Quality Sur- fense services sold commercially under a cies Reform Act of 1998; to the Committee on veillance and Designation of Areas for Air contract to Pakistan [Transmittal No. DTC Government Reform. Quality Planning Purposes; Louisiana; Modi- 70-02], pursuant to 22 U.S.C. 2776(c); to the 9140. A letter from the Secretary, Postal fication of Ozone Monitoring Season and Re- Committee on International Relations. Rate Commission, transmitting a report pur- visions to Geographical Boundaries of Air 9127. A letter from the Assistant Secretary suant to the Federal Vacancies Reform Act Quality Control Regions [LA-31-1-7189a; FRL- for Legislative Affairs, Department of State, of 1998; to the Committee on Government Re- 7374-1] received September 6, 2002, pursuant transmitting certification of a proposed li- form. to 5 U.S.C. 801(a)(1)(A); to the Committee on cense for the export of defense articles or de- 9141. A letter from the Secretary, Postal Energy and Commerce. fense services sold commercially under a Rate Commission, transmitting a report pur- 9118. A letter from the Principal Deputy contract to South Korea [Transmittal No. suant to the Federal Vacancies Reform Act Associate Administrator, Environmental DTC 127-02], pursuant to 22 U.S.C. 2776(c); to of 1998; to the Committee on Government Re- Protection Agency, transmitting the Agen- the Committee on International Relations. form. 9142. A letter from the Assistant Attorney cy’s final rule — Approval and Promulgation 9128. A letter from the Assistant Secretary General, Department of Justice, transmit- of Air Quality Implementation Plans; Mon- for Legislative Affairs, Department of State, ting the report on the administration of the tana; State Implementation Plan Correc- transmitting certification of a proposed li- Foreign Agents Registration Act covering tions [SIP NO. MT-001-0032, MT-001-0039; cense for the export of defense articles or de- the six months ended December 31, 2001, pur- FRL-7374-4] received September 6, 2002, pur- fense services sold commercially under a suant to 22 U.S.C. 621; to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- contract to Pakistan [Transmittal No. DTC the Judiciary. mittee on Energy and Commerce. 86-02], pursuant to 22 U.S.C. 2776(c); to the 9143. A letter from the Program Analyst, 9119. A letter from the Principal Deputy Committee on International Relations. FAA, Department of Transportation, trans- Associate Administrator, Environmental 9129. A letter from the Assistant Secretary mitting the Department’s final rule — Revi- Protection Agency, transmitting the Agen- for Legislative Affairs, Department of State, sion of Class E Airspace; Buckland, AK [Air- cy’s final rule — Approval and Promulgation transmitting certification of a proposed li- space Docket No. 02-AAL02] received Sep- of Air Quality Implementation Plans; Penn- cense for the export of defense articles or de- tember 9, 2002, pursuant to 5 U.S.C. sylvania; Revision to the State Implementa- fense services sold commercially under a 801(a)(1)(A); to the Committee on Transpor- tion Plan (SIP) Addressing Sulfur Dioxide in contract to India [Transmittal No. DTC 37- tation and Infrastructure. County [PA-172-4194a; FRL- 02], pursuant to 22 U.S.C. 2776(c); to the Com- 9144. A letter from the Program Analyst, 7271-4] received September 6, 2002, pursuant mittee on International Relations. FAA, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on 9130. A letter from the Assistant Secretary mitting the Department’s final rule — Revi- Energy and Commerce. for Legislative Affairs, Department of State, sion of Class E Airspace; Nuiqsut, AK [Air- 9120. A letter from the Principal Deputy transmitting certification of a proposed space Docket No. 02-AAL-03] received Sep- Associate Administrator, Environmental Manufacturing License Agreement with the tember 9, 2002, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- United Kingdom [Transmittal No. DTC 145- 801(a)(1)(A); to the Committee on Transpor- cy’s final rule — Approval and Promulgation 02], pursuant to 22 U.S.C. 2776(d); to the Com- tation and Infrastructure. of Air Quality Implementation Plans; State mittee on International Relations. 9145. A letter from the Program Analyst, of South Dakota; New Source Performance 9131. A letter from the Assistant Secretary FAA, Department of Transportation, trans- Standards [SIP NO. SD-001-0015; FRL-7374-3] for Legislative Affairs, Department of State, mitting the Department’s final rule — Revi- received September 6, 2002, pursuant to 5 transmitting certification of a proposed sion of Class E Airspace; Kodiak, AK [Air- U.S.C. 801(a)(1)(A); to the Committee on En- Manufacturing License Agreement with space Docket No. 02-AAL-04] received Sep- ergy and Commerce. France [Transmittal No. DTC 126-02], pursu- tember 9, 2002, pursuant to 5 U.S.C. 9121. A letter from the Principal Deputy ant to 22 U.S.C. 2776(c) and 22 U.S.C. 2776(d); 801(a)(1)(A); to the Committee on Transpor- Associate Administrator, Environmental to the Committee on International Rela- tation and Infrastructure. Protection Agency, transmitting the Agen- tions. 9146. A letter from the Program Analyst, cy’s final rule — Approval and Promulgation 9132. A letter from the Assistant Secretary FAA, Department of Transportation, trans- of Implementation Plans; Indiana; Volatile for Legislative Affairs, Department of State, mitting the Department’s final rule — Modi- Organic Compound Regulations [IN141-1a; transmitting certification of a proposed fication of Class E Airspace, Coppertown, MT

VerDate Sep 04 2002 23:59 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\L13SE7.000 H13PT1 September 13, 2002 CONGRESSIONAL RECORD — HOUSE H6255 [Airspace Docket No. 01-ANM-08] received 9157. A letter from the Program Analyst, mitting the Department’s final rule — Air- September 9, 2002, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- worthiness Directives; Eurocopter France 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- Model EC120B, EC 155B, SA330F, SA330G, tation and Infrastructure. worthiness Directives; McDonnell Douglas SA330J, AS332C, AS332L, AS332L1, AS332L2, 9147. A letter from the Program Analyst, Model MD-11 Airplanes [Docket No. 2001-NM- AS350B, AS350BA, AS350B1, AS350B2, FAA, Department of Transportation, trans- 55-AD; Amendment 39-12805; AD 2002-14-05] AS350B3, AS350D, AS355E, AS355F, AS355F1, mitting the Department’s final rule — Revi- (RIN: 2120-AA64) received September 9, 2002, AS355F2, AS355N, AS365N2, AS 365 N3, SA- sion to Class D and Class E Airspace, Med- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 365N, and SA-365N1 Helicopters [Docket No. ford, OR [Airspace Docket No. 00-ANM-30] re- mittee on Transportation and Infrastruc- 2001-SW-50-AD; Amendment 39-12838; AD 2002- ceived September 9, 2002, pursuant to 5 ture. 15-08] (RIN: 2120-AA64) received September 9, U.S.C. 801(a)(1)(A); to the Committee on 9158. A letter from the Program Analyst, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. FAA, Department of Transportation, trans- Committee on Transportation and Infra- 9148. A letter from the Program Analyst, mitting the Department’s final rule — Air- structure. FAA, Department of Transportation, trans- worthiness Directives; McDonnell Douglas 9166. A letter from the Program Analyst, mitting the Department’s final rule — Modi- Model MD-11 and -11F Airplanes [Docket No. FAA, Department of Transportation, trans- fication of Class D Airspace; Bloomington, 2001-NM-59-AD; Amendment 39-12806; AD mitting the Department’s final rule — Air- IN; Modification of Class E Airspace; Bloom- 2002-14-06] (RIN: 2120-AA64) received Sep- worthiness Directives; Honeywell Inter- ington, IN; Correction [Airspace Docket No. tember 9, 2002, pursuant to 5 U.S.C. national Inc., (formerly AlliedSignal, Inc. 01-AGL-06] received September 9, 2002, pursu- 801(a)(1)(A); to the Committee on Transpor- and Textron Lycoming) T5313B, T5317 Series, ant to 5 U.S.C. 801(a)(1)(A); to the Committee tation and Infrastructure. and T53 Series Turboshaft Engines [Docket on Transportation and Infrastructure. 9159. A letter from the Program Analyst, No. 2000-NE-32-AD; Amendment 39-12832; AD 9149. A letter from the Program Analyst, FAA, Department of Transportation, trans- 2002-15-04] (RIN: 2120-AA64) received Sep- FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- tember 9, 2002, pursuant to 5 U.S.C. mitting the Department’s final rule — Revi- worthiness Directives; Diamond Aircraft In- 801(a)(1)(A); to the Committee on Transpor- sion of Class E Airspace; Cold Bay, AK [Air- dustries GmbH Models H-36 ‘‘Dimona,’’ HK 36 tation and Infrastructure. space Docket No. 01-AAL-2] received Sep- R ‘‘Super Dimona,’’ HK 36 TC, HK 36 TS, HK 9167. A letter from the Program Analyst, tember 9, 2002, pursuant to 5 U.S.C. 36 TTC, HK 36 TTC-ECO, HK 36 TTC-ECO FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- (Restricted Category), and HK 36 TTS Sail- mitting the Department’s final rule — Air- tation and Infrastructure. planes [Docket No. 2002-CE-11-AD; Amend- worthiness Directives; Bell Helicopter Tex- 9150. A letter from the Program Analyst, ment 39-12829; AD 2002-15-01] (RIN: 2120-AA64) tron Canada Model 222, 222B, 222U, and 230 FAA, Department of Transportation, trans- received September 9, 2002, pursuant to 5 Helicopters [Docket No. 2002-SW-22-AD; mitting the Department’s final rule — Revi- U.S.C. 801(a)(1)(A); to the Committee on Amendment 39-12835; AD 2002-08-54] (RIN: sion of Class E Airspace; Cordova, AK [Air- Transportation and Infrastructure. 2120-AA64) received September 9, 2002, pursu- space Docket No. 02-AAL-1] received Sep- 9160. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee tember 9, 2002, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- 9168. A letter from the Program Analyst, tation and Infrastructure. worthiness Directives; de Havilland Inc. FAA, Department of Transportation, trans- 9151. A letter from the Program Analyst, Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- 2 Mk. III Airplanes [Docket No. 98-CE-124- worthiness Directives; Bell Helicopter Tex- mitting the Department’s final rule — Estab- AD; Amendment 39-12828; AD 2002-14-28] (RIN: tron, Inc. Model 204B, 205A, A-1, and B Heli- lish Class E Airspace; Aberdeen Field Air- 2120-AA64) received September 9, 2002, pursu- copters [Docket No. 2002-SE-24-AD; Amend- port, Smithfield, VA [Airspace Docket No. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment 39-12839; AD 2002-09-51] (RIN: 2120-AA64) 02-AEA-03] received September 9, 2002, pursu- on Transportation and Infrastructure. received September 9, 2002, pursuant to 5 9161. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- on Transportation and Infrastructure. Transportation and Infrastructure. mitting the Department’s final rule — Air- 9169. A letter from the Program Analyst, 9152. A letter from the Program Analyst, worthiness Directives; Cessna Model 650 Air- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- planes [Docket No. 2000-NM-388-AD; Amend- mitting the Department’s final rule — Air- mitting the Department’s final rule — Estab- ment 39-12824; AD 2002-14-24] (RIN: 2120-AA64] worthiness Directives; McDonnell Douglas lishment of Class E Airspace; Annapolis, MD received September 9, 2002, pursuant to 5 Model DC-8-21, -31, -32, -33, -41, -42, and -43 [Airspace Docket No. 02-AEA-01] received U.S.C. 801(a)(1)(A); to the Committee on Airplanes; and Model DC-8-50, -60, and -70 Se- September 9, 2002, pursuant to 5 U.S.C. Transportation and Infrastructure. ries Airplanes; Modified per Supplemental 801(a)(1)(A); to the Committee on Transpor- 9162. A letter from the Program Analyst, Type Certificates SA 1063SO, SA1862SO, or tation and Infrastructure. FAA, Department of Transportation, trans- SA1832SO [Docket No. 2002-NM-130-AD; 9153. A letter from the Program Analyst, mitting the Department’s final rule — Air- Amendment 39-12840; AD 2002-16-01] (RIN: FAA, Department of Transportation, trans- worthiness Directives; Fokker Model F.28 2120-AA64) received September 9, 2002, pursu- mitting the Department’s final rule — Estab- Mark 0070, 0100, 1000, 2000, 3000, and 4000 Se- ant to 5 U.S.C. 801(a)(1)(A); to the Committee lishment of Class E Airspace; Scott Field ries Airplanes [Docket No. 98-NM-224-AD; on Transportation and Infrastructure. Airport [Airspace Docket No. 2002-ASW-1] re- Amendment 39-12827; AD 2002-14-27] received 9170. A letter from the Administrator, De- ceived September 9, 2002, pursuant to 5 September 9, 2002, pursuant to 5 U.S.C. partment of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- the Department’s report entitled, ‘‘Injuries Transportation and Infrastructure. tation and Infrastructure. and fatalities of Workers Struck by Vehicles 9154. A letter from the Program Analyst, 9163. A letter from the Program Analyst, on Airport Aprons’’; to the Committee on FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Transportation and Infrastructure. mitting the Department’s final rule — Revi- mitting the Department’s final rule — Air- 9171. A letter from the Paralegal Spe- sion of Class E Airspace; Springhill, LA [Air- worthiness Directives; Turbomeca Makila 1 cialist, FAA, Department of Transportation, space Docket No. 2002-ASW-2] received Sep- A, 1 A1, and 1 A2 Turboshaft Engines [Docket transmitting the Department’s final rule — tember 9, 2002, pursuant to 5 U.S.C. No. 2001-NE-23-AD; Amendment 39-12833; AD Airworthiness Directives; Raytheon Model 801(a)(1)(A); to the Committee on Transpor- 2002-15-05] (RIN: 2120-AA64) received Sep- BAe.125 Series 1000A Airplanes and Model tation and Infrastructure. tember 9, 2002, pursuant to 5 U.S.C. Hawker 1000 Airplanes [Docket No. 97-NM- 9155. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 313-AD; Amendment 39-12875; AD 94-09-11 R1] FAA, Department of Transportation, trans- tation and Infrastructure. (RIN: 2120-AA64) received September 9, 2002, mitting the Department’s final rule — Estab- 9164. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lishment of Class D Airspace; Stillwater Mu- FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- nicipal Airport, Stillwater, OK [Airspace mitting the Department’s final rule — Air- ture. Docket No. 2001-ASW-18] received September worthiness Directives; Model HH-1K, TH-1F, 9172. A letter from the United States Trade 9, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to TH-1L, UH-1A, UH-1B, UH-1E, UH-1F, UH-1H, Representative, Executive Office Of The the Committee on Transportation and Infra- UH-1L, and UH-1P; and Southwest President, transmitting an outline of the Ad- structure. Aviation SW204, SW204HP, SW205, and ministration’s plans to pursue a free trade 9156. A letter from the Program Analyst, SW205A-1 Helicopters Manufactured by Bell agreement (FTA) with Morocco; to the Com- FAA, Department of Transportation, trans- Helicopter Textron, Inc. for the Armed mittee on Ways and Means. mitting the Department’s final rule — Air- Forces of the United States [Docket No. 2002- 9173. A letter from the Deputy Secretary, worthiness Directives; McDonnell Douglas SW-21-AD; Amendment 39-12836; AD 2002-13- Department of Defense, transmitting notifi- Model MD-11 and -11F Airplanes [Docket No. 51] (RIN: 2120-AA64) received September 9, cation regarding the FY 2002 Supplemental 2001-NM-53-AD; Amendment 39-12804; AD 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Appropriations Act for Further Recovery 2002-14-04] (RIN: 2120-AA64) received Sep- Committee on Transportation and Infra- From and Response To Terrorist Attacks on tember 9, 2002, pursuant to 5 U.S.C. structure. the United States, pursuant to Public Law 801(a)(1)(A); to the Committee on Transpor- 9165. A letter from the Program Analyst, 107—206; jointly to the Committees on Armed tation and Infrastructure. FAA, Department of Transportation, trans- Services and Appropriations.

VerDate Sep 04 2002 23:59 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\L13SE7.000 H13PT1 H6256 CONGRESSIONAL RECORD — HOUSE September 13, 2002 9174. A letter from the Principal Deputy PUBLIC BILLS AND RESOLUTIONS H.R. 513: Mr. SMITH of Washington. Associate Administrator, Environmental H.R. 967: Mr. STRICKLAND. Protection Agency, transmitting the Agen- Under clause 2 of rule XII, public cy’s final rule — Guidance for Combining bills and resolutions were introduced H.R. 1368: Mr. FOSSELLA. Award of Grants for Counter-Terrorism Co- and severally referred, as follows: H.R. 1624: Ms. KILPATRICK, Mr. SHADEGG, ordination Activities and Award of Grants By Mrs. CUBIN: and Mr. DOOLEY of California. for Technical Assistance and Training for H.R. 5383. A bill to provide emergency dis- H.R. 2023: Mr. SCHROCK, Mr. ROGERS of Drinking Water System Security (for Sys- aster assistance to agricultural producers; to tems Serving Fewer Than 100,000 People) by the Committee on Agriculture, and in addi- Michigan, Mr. MCHUGH, Mr. UPTON, Mr. States and Territories into a Single Mul- tion to the Committee on the Budget, for a ARMEY, Mr. DELAY, Mrs. BONO, Mr. DEAL of tiple-Appropriations Grant Award — re- period to be subsequently determined by the Georgia, Mrs. MEEK of Florida, Mr. MEEKS of ceived September 6, 2002, pursuant to 5 Speaker, in each case for consideration of New York, Mr. BARCIA, Mr. STUPAK, Mr. U.S.C. 801(a)(1)(A); jointly to the Committees such provisions as fall within the jurisdic- POMEROY, and Mr. PETERSON of Minnesota. on Transportation and Infrastructure and tion of the committee concerned. Energy and Commerce. H.R. 3363: Mr. ENGLISH, Mr. YOUNG of Alas- By Mr. SMITH of Michigan: ka, Mr. LATHAM, Mr. MURTHA, and Mr. f H.R. 5384. A bill to amend the Farm Secu- BLUMENAUER. REPORTS OF COMMITTEES ON rity and Rural Investment Act of 2002 to H.R. 3414: Ms. NORTON and Mr. MURTHA. PUBLIC BILLS AND RESOLUTIONS eliminate any confusion regarding the appli- cability of the payment quantity limitations H.R. 3535: Mr. CANNON and Mr. GRAHAM. Under clause 2 of rule XIII, reports of to the transition payment required as part of committees were delivered to the Clerk national dairy market loss payments; to the H.R. 3659: Mrs. MCCARTHY of New York. for printing and reference to the proper Committee on Agriculture. H.R. 4763: Mr. MARKEY, Mr. DEAL of Geor- calendar, as follows: By Mr. RANGEL: gia, Mrs. MINK of Hawaii, and Mr. Mr. YOUNG of Florida: Committee on Ap- H. Con. Res. 468. Concurrent resolution MCDERMOTT. honoring the Little League All-Stars propriations. Revised Suballocation of Budg- H.R. 4804: Mr. COBLE, Mr. HAYES, Mr. SMITH for their performance in the 2002 Little et Allocations for fiscal year 2003 (Rept. 107– of New Jersey, Mr. WICKER, Mr. DREIER, Mr. League baseball tournament; to 656). Referred to the Committee of the Whole LUCAS of Kentucky, Mr. GRAHAM, and Mr. House on the State of the Union. the Committee on Government Reform. HAYWORTH. Mr. TAUZIN: Committee on Energy and f Commerce. H.R. 4793. A bill to authorize H.R. 5064: Mr. LAHOOD. ADDITIONAL SPONSORS grants through the Centers for Disease Con- H.R. 5285: Mr. BAIRD, Mr. DOOLITTLE, Mr. trol and Prevention for mosquito control Under clause 7 of rule XII, sponsors LATOURETTE, Ms. EDDIE BERNICE JOHNSON of programs to prevent mosquito-borne dis- Texas, Mr. HALL of Texas, and Ms. DELAURO. eases; with an amendment (Rept. 107–657). were added to public bills and resolu- Referred to the Committee of the Whole tions as follows: H.R. 5287: Mr. CARSON of Oklahoma, and House on the State of the Union. H.R. 512: Mr. SMITH of Washington. Mr. FILNER.

VerDate Sep 04 2002 00:31 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\L13SE7.000 H13PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, FRIDAY, SEPTEMBER 13, 2002 No. 116 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, torney in the Southern District of called to order by the Honorable JEAN PRESIDENT PRO TEMPORE, Florida, and Legal Officer for the CARNAHAN, a Senator from the State of Washington, DC, September 13, 2002. United States Navy, Judge Advocate Missouri. To the Senate: General Corps. He took a two-year Under the provisions of rule I, paragraph 3, leave from his firm to become the Re- PRAYER of the Standing Rules of the Senate, I hereby appoint the Honorable JEAN CARNAHAN, a gional Director for the Office for Drug The Chaplain, Dr. Lloyd John Senator from the State of Missouri, to per- Abuse Law Enforcement of the United Ogilvie, offered the following prayer: form the duties of the Chair. States Department of Justice. Almighty God, at dawn one hundred ROBERT C. BYRD, Mr. Martinez received his under- and eighty-five years ago tomorrow, President pro tempore. graduate and law degrees from the Uni- Francis Scott Key saw the Stars and Mrs. CARNAHAN thereupon assumed versity of Miami. He was the President Stripes over Fort McHenry and wrote the Chair as Acting President pro tem- of the highest honorary on campus, the the stirring words of our national an- pore. Iron Arrow. His involvement with Stu- them that have moved our hearts to f dent Government ranged from working patriotism ever since. ‘‘O say does that in the Student Activities Office to be- star spangled banner yet wave, o’er the RESERVATION OF LEADER TIME coming the treasurer of the School of land of the free and the home of the The ACTING PRESIDENT pro tem- Business. brave?’’ pore. Under the previous order, leader Currently, Mr. Martinez is the vice Yes, Lord, thankfully, it does. As our time is reserved. chairman of the Federal Court Practice flag flies over the Capitol this morn- f Committee of the Florida Bar. He is ing, we commit ourselves anew to serve EXECUTIVE SESSION also a member of the American Bar As- You by doing the strategic work of sociation, the Federal Bar Association, government and by leading our Nation the Cuban American Bar Association, through the present challenges in the NOMINATION OF JOSE E. MAR- and the Hispanic National Bar Associa- way that pleases You. It is good to TINEZ, OF FLORIDA, TO BE tion. know that You are not surprised by the UNITED STATES DISTRICT In summary, Mr. Martinez is a highly needs we bring to You. Help us to see JUDGE FOR THE SOUTHERN DIS- regarded and qualified candidate for that prayer is how You call us to do TRICT OF FLORIDA the federal bench. what You think is best rather than just I appreciate the Senate’s consider- a call for You to assist us with what we The ACTING PRESIDENT pro tem- ation of Judge Martinez’s nomination already have decided. Help us to wait pore. Under the previous order, the and appreciate the Senate’s recent con- for You, to listen intently to You, and Senate will now go into executive ses- firmation of Kenneth Marra and Tim- to gain strength to carry out Your best sion and proceed to the consideration othy Corrigan, who will serve in Flor- for us, personally and for our Nation. of Executive Calendar No. 961, which ida’s Southern and Middle Districts, You are our Lord and Saviour. Amen. the clerk will report. two of the largest and busiest judicial The legislative clerk read the nomi- districts in the country. f nation of Jose E. Martinez, of Florida, PLEDGE OF ALLEGIANCE to be United States District Judge for f The Honorable JEAN CARNAHAN led the Southern District of Florida. the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- LEGISLATIVE SESSION I pledge allegiance to the Flag of the pore. Without objection, the nomina- United States of America, and to the Repub- tion is confirmed. The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, Mr. GRAHAM. Madam President, I pore. Under the previous order, the indivisible, with liberty and justice for all. thank the Judiciary Committee for Senate will now return to legisla- f recognizing the needs of Florida and fa- tive session. vorably reporting the nomination of APPOINTMENT OF ACTING Mr. Jose Martinez. f PRESIDENT PRO TEMPORE Jose Martinez’s long and impressive The PRESIDING OFFICER. The legal career makes him an outstanding DEPARTMENT OF THE INTERIOR clerk will please read a communication candidate. Beginning as counsel and AND RELATED AGENCIES APPRO- to the Senate from the President pro now partner at Martinez & Gutierrez, PRIATIONS ACT, 2003 tempore (Mr. BYRD). Mr. Martinez has been associated with The ACTING PRESIDENT pro tem- The legislative clerk read the fol- the firm since 1991. Jose Martinez has pore. Under the previous order, the lowing letter: served as Assistant United States At- Senate will resume consideration of

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

S8583

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VerDate Sep 04 2002 01:12 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.000 S13PT1 S8584 CONGRESSIONAL RECORD — SENATE September 13, 2002 H.R. 5093, which the clerk will report LIEBERMAN and I are taking, is that have been designated or recognized— by title. over a year ago we submitted a piece of that anything be done there at all but The legislative clerk read as follows: legislation calling for a moratorium, a merely in the future, as we are talking A bill (H.R. 5093) making appropriations delay on the designation process, so about this, shouldn’t the people of my for the Department of the Interior and re- that we could bring some rationality to communities be notified? My Governor, lated agencies for the fiscal year ending Sep- the recognition process of the Bureau my attorney general, the mayors of my tember 30, 2003, and for other purposes. of Indian Affairs; it seemed to be out of towns that are surrounding these Pending: control. areas, shouldn’t they be notified? Byrd amendment No. 4472, in the nature of In fact, the previous Assistant Sec- What about in the other 37 States a substitute. retary at the BIA, on his departure, where this is going to occur. It may be Byrd amendment No. 4480 (to amendment cited the significant problems that ex- in Connecticut today, but it may be No. 4472), to provide funds to repay accounts isted within the Bureau of Indian Af- your State next. I think being heard on from which funds were borrowed for emer- fairs in terms of its recognition proc- these matters, being invited to partici- gency wildfire suppression. ess. pate—there are seven criteria that are Craig/Domenici amendment No. 4518 (to What happened in my State most re- amendment No. 4480), to reduce hazardous listed in the regulations, and in some fuels on our national forests. cently was that two tribes sought rec- cases various criteria are totally dis- Dodd amendment No. 4522 (to amendment ognition, and the BIA rejected both regarded. In some instances, the tech- No. 4472), to prohibit the expenditure of tribes and came up with a third ap- nical staff have made one recommenda- funds to recognize Indian tribes and tribal proval that had never been sought, de- tion and have been overruled by the nations until the date of implementation of spite the fact that the two tribes had Assistant Secretary, totally dis- certain administrative procedures. been in opposition to each other during regarding all the efforts and work done Byrd/Stevens amendment No. 4532 (to the recognition process. Needless to by the people at the BIA. amendment No. 4472), to provide for critical say, my constituents believed they did So I do not like doing this. This is emergency supplemental appropriations. not have an opportunity to be heard not the way I normally proceed, but I AMENDMENT NO. 4522 and don’t understand how it is that am in a tough place. I have to stand The ACTING PRESIDENT pro tem- when a recognition is being sought, all and speak for my constituents. I am pore. The Senator from Connecticut. of a sudden a third alternative emerges hopeful we can find some compromise Mr. DODD. Madam President, first of that was never on the table. in the next few minutes to avoid ask- all, let me say, I know under the exist- There is a concern that the Bureau of ing our colleagues to make choices on ing order of the unanimous consent re- Indian Affairs is sort of out of control; matters such as this. This is not how I quest agreed to yesterday between the that if this is the way things are going like to proceed, but if I let this go and leaders—let me make a parliamentary to proceed, we need to put a hold on another year comes and goes; and these inquiry. As I understand it, there is a here to figure out how it will work so processes go forward under a system, vote to occur at 10:15; is that correct? people have an opportunity to respond. as it did with the two applications I The ACTING PRESIDENT pro tem- There are 200 designation applica- just described, you can imagine how pore. The Senator is correct. tions pending in 37 different States. my constituents and yours may react Mr. DODD. On or in relation to the What I am talking about in my State, down the road. Dodd amendment? which is smaller than Yellowstone Na- I also am concerned that this is going The ACTING PRESIDENT pro tem- tional Park—I said to my colleague to devalue the recognition process. For pore. The Senator is correct. from Montana yesterday, I think there those who get recognition, to suggest Mr. DODD. Madam President, let me are ranches in Montana that are prob- somehow the process was not as thor- say, first of all, for the benefit of my ably larger than the State of Con- ough and as fair as it should be does a colleagues, I know our staffs, right necticut. So you can imagine, with disservice to those who deserve rec- now, are working to see if it is possible nine applications pending in a State ognition. to come to some compromise on the that is 100 miles by 40 or 50 miles, with So this process needs fixing. If we do amendment that I proposed along with an impact on 31⁄2 million people, this is not do that, everybody gets hurt by it my colleague from Connecticut, Sen- not insignificant. and we build up a level of hostility that ator LIEBERMAN. My hope is that we I sat here and voted for drought relief is unnecessary. might be able to do that. legislation. I voted for assistance to This is a moratorium. The morato- I thank Senator INOUYE and Senator farmers in the Midwest. When there are rium could end next week. It need not CAMPBELL and their staffs and my hurricanes and fires, even though my be a moratorium indefinitely. It just staff. They began to work last evening, State is not affected, I stand up and says a moratorium until you make talking about this matter. There was support those efforts because I respect these fixes. No new law is being re- some discussion about possibly delay- the needs of various States. quested here—nothing. It just says ing this vote, but the leadership want- My State is now facing some real comply with the existing regulations ed to go forward with a vote this morn- problems on this issue. And I am not and make sure the people are notified ing, and so we are going to try to work asking to stop a process. I am not anti- and invited to participate in a debate this out, if we can. That would be my Native American at all. My record is that can have a profound effect on fervent goal and desire. replete with indications of how strong- their lives and their families. That is Let me state, again, why they are ly I feel about Native Americans. But I not too much to ask. It does not give talking and working here. It was not have an obligation to stand and speak them a veto power. It does not make it my hope or desire to have to get in- for my constituency. And they are feel- an adversarial proceeding. It just says volved in all of this, but each of us rep- ing threatened when they are not al- we ought to invite people to partici- resents our respective State. And my lowed to be heard. When they cannot pate. That is the American way. That State has been undergoing some addi- participate in a debate that is going to is the way we do things. tional pressures. There are some nine have a huge impact on their lives, it So this amendment merely says to applications pending for designation seems to me something needs to be have a moratorium until these matters for recognition. done. are put in place and worked out. I do I have been—and still am—a strong If I wait much longer, then the issue not know how my colleagues may vote. supporter of the Native American com- is going to be over, because I would ve- I may lose today. But as I stand here, munity. I have a strong relationship hemently oppose—vehemently oppose— I promise you, if you are one of the 36 with the two tribes in my State that any effort to reverse a designation and other States and this comes to your have added tremendously to the eco- a recognition. That, to me, would be State, then you are going to be stand- nomic well-being of my home State of outrageous and a dreadful precedent. ing where I am, and you are going to be Connecticut. But once that recognition occurs, it is insisting upon the same sort of thing. What provoked this response among unlikely to ever be rolled back. We stand and vote to support each the constituents in my State, and pro- So what I am trying to do is not, in other’s needs when they occur. I am voked the approach that Senator any way, to suggest that those who asking my colleagues to support me in

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.004 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8585 this particular case because my State from tribes themselves, and in the past The committee is advised that there is feeling it. And we are not anti-Na- they have opposed any moratorium. We are two petitions of tribal groups lo- tive American at all. Quite to the con- all know the problem that exists now cated within the State of Connecticut trary. We are deeply proud of the Mo- with the recognition process. We all that are currently pending in the hegan and Pequot Tribes in my State. know it needs to be streamlined and branch. I strongly supported their recognition needs to be changed. It is replete with Both petitions are the subject of efforts. In fact, I have been highly problems. We have heard it over and court-ordered negotiated agreements, criticized in books because I stood in over. and thus both petitions are subject to support of them when they were under We have had a couple hearings on the ongoing jurisdiction of the Federal threat of not being recognized. this already in the Indian Affairs Com- district courts. So I will not take a back seat to any- mittee, and we intend to take it up So for those members who believe one in my determination to fight for again. Whether we have run out of time that the Congress should forebear from them. But I need to fight for my con- this year has yet to be determined. injecting itself into pending litigation, stituency as well when they feel as But I was not aware there was going the jurisdiction of the Federal district though they are not being served well to be some discussion on a compromise courts should be honored as well here by a process that is fundamentally bro- amendment. And because the unani- and action should not be taken on an ken. And when the Assistant Secretary mous consent request was entered into amendment which would interfere with for the Bureau of Indian Affairs says yesterday, many of us, including me, the courts’ jurisdiction. The court-or- the system is broken, it is not working, have made reservations on planes that dered negotiated agreement for the then we ought to pay attention. And we can’t change. So I hope I am going Schaghticoke Tribe provides that the that is what this amendment is de- to be able to be here to speak to it, but proposed finding whether positive or signed to do. knowing how these things sort of negative is due to be published on De- My fervent hope would be, with the creep, I may not be able to do so. cember 5, 2002. staff of the committee, in the remain- So from my own standpoint, if I do Thereafter there is a 6-month com- ing 15 minutes or so we have, we put on have to leave, I am going to defer to ment period, followed by a two-month the table an offer that would make this our chairman, Senator INOUYE. The In- response period, both of which may be moratorium only exist for 1 year, to dian Affairs staff is working with Sen- extended at the request of the parties. clarify some language they were con- ator DODD’s staff on an amendment If no extensions are requested or cerned about. We can offer that, accept that may be acceptable, but I will cer- granted, then assuming a positive find- it, and move on. We need not have this tainly defer to my chairman in his de- ing, the earliest time in which a posi- become a divisive debate. cision of whether to support that tive finding would become effective for I know the chairman of the com- amendment. purposes of any appeals by the State of mittee and the ranking member are I yield the floor. The PRESIDING OFFICER (Ms. Connecticut or other parties, is August here, and they want to be heard. I have 5, 2003. spoken my piece. I hope we can work it STABENOW). The Senator from Hawaii. Mr. INOUYE. Madam President, it is For the Golden Hill Paugussett out in the next 15 minutes or so and Tribe—under court order, the proposed then put this issue behind us. But if we with some considerable reluctance that I rise today to speak in opposition to finding whether positive or negative is cannot, I am going to ask my col- due to be published on January 21, 2003. leagues to support my State. Look to the amendment proposed by my good friend, the senior Senator from Con- Thereafter there is a 6-month com- your own States. If you are unclear, in- ment period, followed by a 2-month re- quire, because the issue will come to necticut, that would prohibit the ex- penditure of funds for the operations of sponse period, both of which may be ex- your State, I promise you, sooner or tended at the request of the parties. later. And this vote will be looked back the Branch of Acknowledgment until the Secretary of the Interior has cer- If no extensions are requested or upon as to where you stood on this granted, then assuming a positive find- issue when you, all of a sudden, are tified to the Congress that certain ad- ministrative procedures have been im- ing, the earliest time in which a posi- confronted, as we were, with two tive finding would become effective for groups seeking recognition and neither plemented with respect to the consider- ation of any petition submitted to the purposes of any appeals by the State of one was approved, and then there is a Connecticut or other parties, is Sep- third one. That is how bad this system Secretary. The provisions of this amendment tember 21, 2003. is right now. That is wrong. That is un- are drawn from an authorizing bill, S. The other groups that will be af- fair. My people deserve better than 1392, that is now pending in the Com- fected by the amendment proposed by that. Senator DODD are two petitioning So I urge my colleagues to support mittee on Indian Affairs. At Senator DODD’s request, in July of groups of the Nipmuc Tribes of Massa- this amendment if a compromise is not this year I agreed to schedule a hearing chusetts, the Mashpee Tribe of Massa- reached. chusetts, the Snohomish Tribe of I yield the floor. on S. 1392. Washington State and the Burt Lake I suggest the absence of a quorum That hearing is to be held on Tues- Band of Michigan. and that the time be charged equally day, September 17. As chairman of the Committee on In- I firmly believe that Senator DODD’s to both sides. The ACTING PRESIDENT pro tem- dian Affairs, I believe that Senator authorizing legislation can be ad- pore. Does the Senator from Con- DODD’s request for a hearing in the au- dressed through the hearing process necticut withhold his suggestion of a thorizing committee reflects a position and acted upon well within the time quorum call? on which we can both agree that the frame that is anticipated for action on Mr. DODD. Yes. appropriate venue for the consideration the two pending petitions from Con- The ACTING PRESIDENT pro tem- of reforms to the Branch of Acknowl- necticut tribal groups, and thus, that it pore. The Senator from Colorado. edgment process is in the authorizing is not necessary for the authorizing Mr. CAMPBELL. Madam President, I committee of jurisdiction. provisions of this amendment to be would defer to Senator INOUYE, our In an effort to responsibly address considered within the context of the chairman, if he wishes to speak first. the matter of whether there is some ur- Interior appropriations bill. Madam President, I support a motion gency associated with effecting reform In addition, I am certain Senator to table the Dodd amendment. Let me in the Branch of Acknowledgment that DODD would agree with me that re- say at the outset, though, that no one cannot await action by the authorizing forms of the magnitude proposed by his questions Senator DODD’s commitment committee, particularly as such reform amendment merit the full consider- to the Indian people of America. He has may affect the State of Connecticut, I ation of all those now involved or who an exemplary voting record, and he has authorized my staff to contact the De- may become involved in the Federal always been there when we needed partment of Interior’s Branch of Ac- acknowledgment process—including help. knowledgment officials for information the administration, and equally impor- My problem with his amendment is on the petitions currently pending be- tant, the Nations of Indian country, as that there has been almost no input fore the Branch. well as other interested parties.

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.007 S13PT1 S8586 CONGRESSIONAL RECORD — SENATE September 13, 2002 There has been no hearing nor public other interested party, including cally located—and that Federal policy record developed on the proposal ad- neighboring municipalities.’’ forced not one but many relocations of vanced in Senator DODD’s amendment, Upon the request of an interested most tribal groups from their tradi- and I think it is incumbent upon us to party, the Secretary may conduct a tional areas—the amendment con- develop such a record and to receive formal hearing for interested parties to templates the involvement of scores if testimony on this proposal before any present evidence, call and cross exam- not hundreds of small communities action is taken precipitously. ine witnesses, or rebut evidence even that no longer are in close proximity There are other proposals now pend- before a petition is complete. or have any geographic relationship ing in the Congress for the reform of A transcript of the hearing is to be with the petitioning group. the Federal acknowledgment process— made part of the administrative record With the exception of the continued Senator CAMPBELL, the vice chairman upon which a decision may be based. application of the seven criteria in the of the Committee on Indian Affairs, Nowhere in the existing administra- existing regulations, almost every has one such proposal. tive regulations is a contested case other aspect of the regulations would Clearly, the proponents of those hearing, such as the one proposed by be changed under the amendment, in- measures would also wish to have their my colleague’s amendment, author- cluding the burden of proof a peti- legislative initiatives given full consid- ized. tioning group must satisfy to meet the eration, and I believe we should afford Instead, the general spirit of the reg- criteria. ulations is to enable a cooperative re- a full and fair opportunity for all such In addition, a petitioning group lationship between the petitioning measures to be considered rather than would be required to defend its petition group and the Branch of Acknowledg- adopting one proposal that has not yet whenever an interested party requests ment, as reflected by the authorization been the subject of hearings. and is granted a hearing, even though for a technical review of each petition Under current law, the Branch of Ac- that request may be made at a time by the Branch of Acknowledgment and knowledgment works with petitioning where a petitioning group has not yet the opportunity to supplement or tribal groups in a cooperative process perfected its petition. which is designed to assure that a peti- amend a petition before it is actively I am not suggesting that the pro- tioning group has submitted data suffi- considered and to have information posals advanced in this amendment do cient to address each of the seven cri- submitted by third parties who have not merit the consideration of the Con- teria that petitioners must meet. legal, factual, or property interests in The regulations require the Assistant the recognition decision to be consid- gress. Secretary for Indian Affairs for the De- ered. Indeed, as I have earlier indicated, partment of the Interior to provide no- The present administrative process the Committee on Indian Affairs has tice of the petition to the Governor and allows for publication of a proposed scheduled a hearing on Tuesday, Sep- the Attorney General of the State in finding, a 6-month comment period for tember 17 for that very purpose. which the petitioning group is located. all interested parties, and a 2-month What I am suggesting, Mr. President, It has been represented that the pro- response period for the petitioning is that there is an appropriate venue posed amendment does nothing more group. for the consideration of substantive than codify the existing Branch of Ac- A final determination is then made changes in Federal Indian law and pol- knowledgment regulation, but in fact, and time lines are established gov- icy, and that venue is in the author- the proposed amendment proposes to erning requests for reconsideration and izing committees of the Congress. replace most of the existing procedural when the decision becomes final. I ask unanimous consent to print the rules governing the acknowledgment In contrast to the existing regula- following statement in the RECORD. process with a contested hearing proc- tions, the proposed amendment creates There being no objection, the mate- ess. a contested case process the timing of rial was ordered to be printed in the It would grant interested parties, and which is controlled not by the Branch RECORD, as follows: of Acknowledgment in conjunction not petitioners, the power to control DEPARTMENT OF THE INTERIOR—FY 2003 INTE- the timing of the contested case and with the petitioning group, but by RIOR APPROPRIATIONS BILL EFFECT STATE- would prevent the expenditure of any those municipalities, counties, State MENT TO THE CONFERENCE MANAGERS funds by the Branch of Acknowledg- attorney generals, State Governors, Bureau/Office: Bureau of Indian Affairs. ment if the Branch does not comply and other tribes falling within the no- Appropriations: Operation of Indian Pro- with the new procedural rules estab- tice provisions of the amendment. gram. lished by the amendment. Given the fact that the amendment Activity/Subactivity: Central Office Oper- The amendment requires the Sec- proposes to include State, county and ations/Tribal Government. retary to consider ‘‘all relevant evi- municipal governments from each area Project/Budget Element: Tribal Govern- dence submitted by a petitioner or any that the petitioning group was histori- ment Services. [In thousands of dollars]

FY 2003 Item FY 2002 en- Compared to request acted Pres. re- House level Senate level quest level House Senate

Branch of Acknowledgment and Research ...... 1,050 1,100 1,600 1,100 500 0

House Action: House added $500,000 to the staff for BAR is $1,100,000. The additional cerns raised by GAO were the need to im- Bureau’s Central Office, Division of Tribal funding would enable the BAR to staff one prove the speed and transparency of the deci- Government Services. Fund are specifically additional research team and hire support sion-making process. These additional funds for the Branch of Acknowledgment and Re- staff who would focus on administrative will enable the Department to address these search (BAR). functions, such as FOIA requests, prepara- two identified concerns. House Report Statement: None. tion of administrative files for litigation, Is the program/project ranked on existing Reference: This amendment was reported and other time consuming responsibilities priority setting system? This program was and voted on by the full Appropriations Com- that are currently handled by the profes- included within the total budget priorities mittee. sional research teams. Consequently, this competing for increased funding. However, Effect of House Action: The House Action funding would allow four research teams to because many other priorities, funding was would enable the BAR to hire additional focus on processing documented petitions. not included within the President’s Budget staff to process requests from Indian groups Request. who are petitioning for Federal recognition. Feasibility/capability of the proposed fund- Senate Action: Proposed at the President’s What would the funding be used for?: Cur- ing level or language this fiscal year?: On Budget request level; however S. 2708 was in- rently the BAR has three research teams. November 2, 2001, General Accounting Office troduced on the floor which amends the De- Each team is composed of a cultural anthro- (GAO), released a report on the acknowledg- partment of the Interior’s appropriations pologist, a genealogist, and a historian. FY ment process titled ‘‘Improvements Needed bill. 2003 funding for three teams and support in Tribal Recognition Process.’’ The two con- Senate Report Statement: None.

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.009 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8587 Reference: S. 2708. Under section 1(c)(3)(B), the Secretary amendment withdrawn. I think it is in Effect of Senate Action: S. 2708 is an shall consider a criterion to be met if the the best interest of the Senate that we amendment to the Department of the Inte- Secretary determines that it is more likely not charge forward on something if it rior’s appropriations bill. The purpose of this than not that evidence presented dem- can be resolved. There will be a vote at bill is ‘‘[T]o prohibit the expenditure of funds onstrates the satisfaction of the criterion. to recognize Indian tribes and tribal nations The meaning of the stated standard is un- 10:15. We will vote on Arthur Schwab, until the date of implementation of certain clear, particularly as to whether it changes of Pennsylvania, to be a judge. We ex- administrative procedures.’’ the regulatory standard which provides that pect to announce that in a moment or The Department should oppose this bill be- a criterion shall be considered met if the two. cause it will result in the Department being available evidence establishes a ‘‘reasonable The PRESIDING OFFICER. The Sen- unable to comply with court scheduling or- likelihood of the validity of the facts relat- ator from Connecticut is recognized. ders for issuing acknowledgment decisions ing to that criterion.’’ It is unclear if this and because many of its provisions are am- provision would change the existing stand- Mr. DODD. Madam President, before biguous and appear to be unworkable. ard. the unanimous consent request, I Sections 1(c)(1)(A) and 1(c)(1)(B) require Under section 1(c)(4), the Secretary shall thank the distinguished majority whip. notice to each state, county and local gov- publish in the Federal Register, and provide I thank my colleague from Hawaii, my ernment in the area where the petitioner is to each person to which notice is provided colleague from Colorado, and the Sen- located and in the area historically occupied under paragraph (1), a complete and detailed by the petitioning group. The acknowledg- ator from Montana as well. I apologize explanation of the final decision of the Sec- to colleagues who were counting on a ment regulations already provide for written retary regarding a documented petition notice to the state and local government under this Act that includes express findings vote. I know the leadership wants to where a petition is currently located and of fact and law with respect to each of the have a vote. This matter is very impor- provide for notice of the petition in the Fed- criteria described in paragraph (3). tant. If we can resolve this by not hav- eral Register and in local newspapers. Writ- The regulations already require that no- ing a divisive Senate on this issue, I ten notice to governments where the peti- tice of the final determination be published think that exceeds the importance of tioner was historically located within 30 in the Federal Register. It is ambiguous if days of the receipt of a letter of intent is un- whether we have a vote. We are going the complete final determination is to be realistic. There is insufficient evidence in a to try to work this out so we can deal published in the Federal Register which letter of intent to identify these locations. with the underlying cause of the would be an extraordinary and unnecessary Section 1(c)(1)(C) requires the Department amendment. I thank the Senators for expense. Presently, the decisions are pub- within 30 days to notify any Indian tribe and licly available and will be posted on the offering my colleague from Con- any other petitioner that, as determined by Internet as soon as possible. necticut and I a chance to come to a the Secretary (i) has a relationship with the solution. We will ask unanimous con- petitioner (including a historical relation- Recommendation: The Department does ship); or (ii) may otherwise be considered to not support this amendment, and it opposes sent to temporarily set aside the Dodd- have a potential interest in the acknowledg- considering it as part of the Interior Appro- Lieberman amendment. Then this will ment determination. priations Bill. pop back up again, I presume, Tuesday As with the prior provision, the difficulty Mr. INOUYE. Madam President, what when we come back after Yom Kippur with the notification provision with the 30- I would like to propose is to convert and deal with the matter. I am con- day deadline, is that it may be that until a this amendment into a bill and have it fident that at that time we will have petition processing is begun, or at least until referred to the Committee on Indian resolved this problem and we can vote the preliminary technical assistance review, on a compromise. I apologize. We that the Department will not know all of the Affairs to give time to the respective petitioners, tribes, states, and others that staffs, the staff of the committee and worked late last night. I thank the could be involved. Notice beyond that in the the staff of Senator DODD, to work over Senators and their staffs. Senator REID Federal Register to such entities within 30 this measure and come forth with a was on the phone until after 11:30. days of the receipt of a letter of intent is not resolution of the matter. When that Time didn’t permit us to get it done. I feasible. resolution is reached—and I gather it don’t want to see the Senate vote on a Section 1(c)(2)(A) requires the Secretary to can be reached in 24 or 48 hours—we matter of this importance without try- consider all relevant evidence submitted by can once again bring up the new ing to resolve the differences. We will a petitioner or any other interested party, vote on a judgeship, but we will, at including neighboring municipalities that amendment and consider that. possess information bearing on the merits of If I may, I suggest the absence of a some point, vote on this matter—a a petition. The Department already con- quorum. compromise or the Dodd-Lieberman siders all evidence which is submitted within The PRESIDING OFFICER. Without amendment. I hope it will be a com- prescribed time frames by petitioners and objection, the clerk will call the roll. promise that will be satisfactory to ev- any other interested party, including neigh- erybody. The legislative clerk proceeded to boring municipalities. I thank the Senator from Nevada. He Under section 1(c)(2)(B), the Secretary, on call the roll. request by an interested party, may conduct Mr. REID. Madam President, I ask works hard to keep things on track. a formal hearing at which all interested par- unanimous consent that the order for This is something which I think rises ties may present evidence, call witnesses, the quorum call be rescinded. to the level of reaching a compromise cross-examine witnesses, or rebut evidence The PRESIDING OFFICER. Without on an important effort. presented by other parties during the hear- objection, it is so ordered. Mr. REID. I simply say to my friend ing. that I think we have far too many The bill leaves unspecified who the hearing Mr. REID. Madam President, last would be before, when in the acknowledg- night I worked with Senators INOUYE votes here anyway that are not nec- ment process this hearing would take place, and DODD until almost 11 o’clock. The essary. I think it shows the experience and the purpose of this hearing. Therefore, arrangement made at that time was and wisdom of the people who have any advantages of a hearing are unclear. that we would have a vote at 10:15 on been working on this issue, along with Further under the existing regulations, the Dodd amendment. The Senators you and Senator CAMPBELL. There is no The Department provides for hearings before have worked with their staffs and we need to have a vote on this matter. We the IBIA, an independent administrative re- are still going to have a vote at 10:15 may never have to have one. If we do, view body. If an additional hearing is in- we will vote on it. I think a lot of peo- tended, it would further delay decisions on but not on the Dodd amendment. We the petitions. are going to ask unanimous consent to ple say ‘‘I want a recorded vote’’ be- Under section 1(c)(3)(A), the Secretary set that aside and to see if Senators cause it looks good—or whatever rea- shall ensure that the evidence presented in DODD, CAMPBELL, and INOUYE can work son. We spend far too much time voting consideration of a petition is sufficient to out this problem that is now facing us. on matters that could be passed with- demonstrate that the petitioner meets each They do believe by early next week out a recorded vote. Even though there of the 7 mandatory criteria for recognition they can work something out. is no vote on this amendment, I think contained in section 83.7 of title 25, Code of I know some Senators are going to be the Senators have saved us a lot of Federal Regulations (as in effect on the date time. of enactment of this Act). upset that we are only voting on a This section appears to restate the existing judge this morning, but there has been The next vote will occur at 5 o’clock standard used by the Department. a lot of work going into having this Tuesday.

VerDate Sep 04 2002 01:12 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.002 S13PT1 S8588 CONGRESSIONAL RECORD — SENATE September 13, 2002 EXECUTIVE SESSION Edwards Johnson Reid States District Court for the Western Dis- Ensign Kennedy Rockefeller trict of Pennsylvania. Mr. Schwab has also Enzi Kerry Santorum been responsible for cases involving appeals Feingold Kohl Sarbanes Feinstein Kyl to the United States Courts of Appeals for NOMINATION OF ARTHUR J. Schumer the Third, Fourth, Fifth, Sixth, Seventh, Fitzgerald Landrieu Sessions SCHWAB, OF PENNSYLVANIA, TO Frist Leahy Eighth, Ninth, and Eleventh Circuits. BE UNITED STATES DISTRICT Shelby Graham Levin Snowe Mr. Schwab is also actively involved in his Gramm Lieberman JUDGE FOR THE WESTERN DIS- Specter local community, including serving as the Grassley Lincoln TRICT OF PENNSYLVANIA Stabenow co-chair of the Senator John Heinz Level of Gregg Lott Giving Division of the United Way of Alle- Mr. REID. Madam President, I ask Hagel Lugar Stevens Thomas gheny County. From 1979 to 1988, Mr. Schwab unanimous consent that the Senate Harkin McCain Hatch McConnell Thompson began an extensive pro bono project con- proceed to executive session to con- Hollings Mikulski Thurmond cerning Child Advocacy for the Allegheny sider Calendar No. 963, Arthur Schwab Hutchinson Murray Torricelli County Bar Association that produced, with to be U.S. district judge; that the Sen- Hutchison Nelson (FL) Voinovich the assistance of 60 Reed Smith attorneys, ate vote immediately on the nomina- Inhofe Nelson (NE) Warner over 3400 hours of representation of indigent Inouye Nickles Wellstone children. tion; that upon the disposition of the Jeffords Reed Wyden nomination, the motion to reconsider Once again, I believe that Arthur Schwab NOT VOTING—8 will be an excellent addition to the federal be laid upon the table, the President be Akaka Miller Smith (NH) bench and I urge my colleagues to vote for immediately notified of the Senate’s Cochran Murkowski Smith (OR) his confirmation. Thank you. action, and statements thereon be Helms Roberts Mr. LEAHY. Madam President, today printed in the RECORD as though read The nomination was confirmed. the Senate has confirmed its 76th and and that the Senate resume legislation The PRESIDING OFFICER. The mo- 77th new judges since the change in session, with the preceding all occur- tion to reconsider is tabled. The Presi- majority last summer, with the vote on ring without any intervening action or dent will be immediately notified of Arthur Schwab, who is nominated to debate. the Senate’s action. the Eastern District of Pennsylvania The PRESIDING OFFICER. Without Mr. DASCHLE. Madam President, I and the vote earlier this morning on objection, it is so ordered. yield such time as the Senator from Jose Martinez, who is nominated to the The clerk will report. Pennsylvania may require to make a Southern District of Florida. In less The assistant legislative clerk read brief statement. than 15 months we have confirmed the nomination of Arthur J. Schwab, of Mr. SPECTER. Madam President, I more judges that the Republican ma- Pennsylvania, to be United States Dis- thank the majority leader. jority confirmed in its final 30 months trict Judge for the Western District of I have sought recognition to com- in the majority. We have been more Pennsylvania. ment very briefly on the nomination of than twice as productive as they were Mr. REID. Madam President, I ask Arthur J. Schwab of Pittsburgh, PA. and Republicans are nonetheless com- for the yeas and nays on the nomina- Mr. Schwab is an outstanding lawyer plaining that we have not worked three tion. and will make an outstanding judge. or four times as fast as they did to fill The PRESIDING OFFICER. Is there a His credentials include: Graduating vacancies their inaction perpetuated. sufficient second? cum laude from Grove City College; The Senate has now confirmed more There is a sufficient second. Order of Coif from the University of judges than were confirmed in all of The question is, Will the Senate ad- Virginia Law School; an extraordinary 1989 and 1990, the first two years of the vise and consent to the nomination of litigation record as a trial lawyer, ap- first Bush Administration, and almost Arthur J. Schwab, of Pennsylvania, to pearing in some 22 States, in addition 40 percent more confirmations than in be United States District Judge for the to Pennsylvania; in the Federal courts the first 15 months of the Reagan or Western District of Pennsylvania? On in Pennsylvania, he argued appeals in Clinton Administration, both of which this question, the yeas and nays have the Third, Fourth, Fifth, Sixth, Sev- were cooperating with a Senate major- been ordered and the clerk will call the enth, Eighth, Ninth, and Eleventh Cir- ity of the same political party. roll. cuit Courts. He has an extraordinary Another stark comparison would be The assistant legislative clerk called litigation background and will make between how we have proceeded this the roll. an outstanding judge. year and how the recent Republican Mr. REID. I announce that the Sen- I ask unanimous consent to have majority proceeded in the years they ator from Hawaii (Mr. AKAKA), the Sen- printed in the RECORD the qualifica- were in the Senate majority but the ator from Georgia (Mr. MILLER) are tions of Arthur J. Schwab. President was a Democrat. In the 1996 necessarily absent. There being no objection, the mate- session for example, the second full Mr. NICKLES. I announce that the rial was ordered to be printed in the year in which the Republican majority Senator from Mississippi (Mr. COCH- RECORD, as follows: was in control of progress on President RAN), the Senator from North Carolina Arthur J. Schwab graduated cum laude Clinton’s judicial nominees, the Repub- (Mr. HELMS), the Senator from Alaska from Grove City College in 1968. He then at- lican majority allowed only 17 judges (Mr. MURKOWSKI), the Senator from tended the University of Virginia law school, where he graduated Order of the Coif in 1972. to be confirmed the entire year. Not a New Hampshire (Mr. SMITH), the Sen- After law school he was an assistant district single circuit court judge was con- ator from Oregon (Mr. SMITH), and the attorney with the District Attorney’s Office firmed that entire session all year—not Senator from Kansas (Mr. ROBERTS) are of Allegheny County. He then became a part- one. By contrast, just since January, in necessarily absent. ner in the law firm of Mansmann, Beggy, this the second session of this Con- The PRESIDING OFFICER. Are there McVerry & Baxter, later named McVerry, gress, this Democratic Senate has al- any other Senators in the Chamber de- Baxter & Cindrich, from 1970 to 1988. He has ready confirmed 180 percent more siring to vote? also been Of Counsel to the law firm of Tuck- judges than were confirmed in the sec- The result was announced—yeas 92, er Arensburg, a shareholder of Grogan, ond year of the Republican majority. nays 0, as follows: Graffam, McGinley & Lucchino, P.C. Cur- rently, Mr. Schwab serves as the chief coun- We have also already confirmed seven [Rollcall Vote No. 216 Ex.] sel and chair of litigation at Buchanan In- judges to the circuit courts, which is YEAS—92 gersoll, P.C., in Pittsburgh, Pennsylvania. seven more than were confirmed in the Allard Bunning Conrad Over the past 20 years, Mr. Schwab has de- 1996 session. Allen Burns Corzine veloped a practice in the areas of trade se- Baucus Byrd Craig crets, confidential information, employment Bayh Campbell Crapo agreements, software copyright infringe- f Bennett Cantwell Daschle ment, trademark, unfair competition, and Biden Carnahan Dayton diversion of corporate opportunities. He has Bingaman Carper DeWine LEGISLATIVE SESSION tried cases in state and federal courts in Bond Chafee Dodd The PRESIDING OFFICER. Under Boxer Cleland Domenici more than 22 different states, as well as in Breaux Clinton Dorgan the Courts of Common Pleas of the Common- the previous order, the Senate will re- Brownback Collins Durbin wealth of Pennsylvania and in the United turn to legislative session.

VerDate Sep 04 2002 01:12 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.011 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8589 DEPARTMENT OF THE INTERIOR I do believe for the American people, The PRESIDING OFFICER. The Sen- AND RELATED AGENCIES APPRO- who have seen the western skies full of ator from New Mexico. PRIATIONS ACT, 2003—Continued smoke now since the middle of June, it Mr. DOMENICI. Madam President, before the majority leader leaves the CLOTURE MOTION is important that this Senate express Mr. DASCHLE. Madam President, I its will on this issue. floor, I would like to comment on the call for regular order with respect to The Senator from South Dakota discussion that just took place between the amendment numbered 4480, and I found an expression that fit his State. the majority leader and Senator CRAIG send a cloture motion to the desk. I do not criticize him for it because the and indicate to him I have been a daily The PRESIDING OFFICER. The clo- Black Hills of South Dakota are in a participant in those negotiations. I ture motion having been presented state of forest health problems, as are have tried to act in good faith; many under rule XXII, the Chair directs the other public forests. Clearly, it is im- have. But somehow or another, we clerk to read the motion. portant that we not walk away from make one step forward, and literally The assistant legislative clerk read this session of Congress without the the next time we meet, it looks as if we as follows: public knowing where we are on this have gone one and a half back. It is CLOTURE MOTION issue because, as the Senator knows, getting more difficult. We don’t intend to delay this bill We, the undersigned Senators, in accord- no matter what we do, even if we can ance with the provisions of Rule XXII of the have some aggressive effort on once we know the good faith efforts of Standing Rules of the Senate, hereby move thinning and cleaning, the country the Senators—which is about 10 of to bring to a close the debate on Senator must become ready to accept, trag- them—cannot reach an agreement. We BYRD’s amendment No. 4480. ically enough, that we are going to lose will come forward. But we will have to Joseph Lieberman, Harry Reid, Jean 5 million or 6 million acres a year of take a little time, as best we can, with- Carnahan, Daniel K. Inouye, Chris- out delaying things too much, to let topher Dodd, Herb Kohl, Jack Reed, old growth and watershed and wildlife habitat to wildfires because of the pub- everybody know what has happened. It Richard J. Durbin, Kent Conrad, Paul will not take too long for that to Wellstone, Patrick Leahy, Jeff Binga- lic policy that has brought our forests man, Barbara Boxer, Byron L. Dorgan, to this current health environment. occur. There are other Senators who Mark Dayton, Debbie Stabenow, Jim But I hope we can make a step, prob- may feel differently. The amendment is Jeffords, Robert Torricelli. ably not a big one but at least a small a Craig-Domenici amendment. We put Mr. DASCHLE. Madam President, I step, in the right direction of showing it together, gathered the Senators, but am happy to yield to the Senator from the public we can manage their land I wanted the record to reveal we are Idaho. and we can do so in an environmentally not interested in delaying the good Mr. CRAIG. I thank the majority sensitive way that will replenish the faith effort on this bill, but we have a leader for yielding. He has just filed health of these magnificent forests powerful issue, as you well known, that cloture on the Byrd amendment. The that have now grown to a state of dis- burns at many of our hearts. I am sorry underlying second degree is the Craig- repair. I had to use that terrible word. We are Domenici amendment to try to deal I understand where the leader is. I having burns elsewhere in our States. with forest health. I appreciate the did want that expression out there. I I yield the floor. frustration of time here and the reality hope we can come to the majority lead- The PRESIDING OFFICER. The Sen- we have to get a lot of work done in er on Monday and say we have some- ator from North Dakota. Mr. DORGAN. Madam President, I the next several weeks to conclude the thing, we hope you can vitiate, and we had wanted to make some comments appropriations process. hope we can come to this floor and de- It was never our intent to block the bate this issue and get on with the this morning on the issue of homeland Byrd amendment. This is a critical and process. security. I understand we are currently necessary amendment that deals with Mr. DASCHLE. Let me respond to back on the Interior appropriations fire itself and replacing some of the the Senator from Idaho. I would be bill; is that correct? The PRESIDING OFFICER. That is moneys or refurbishing, replenishing more than happy to entertain a con- correct. some of the moneys that have been sent agreement to vitiate the cloture Mr. DORGAN. I ask the chairman of spent fighting fires, primarily in the vote on Tuesday if we arrive at a con- the Appropriations Committee if he West but across the country, in our sensus about this over the weekend. We has other business to transact on that public forests. laid this bill down on September 4. It is appropriation. If not, I would like to We are continuing to work. We had now September 13, and I am told we offer some comments on homeland se- another meeting this morning. I told have not spent this much time on any curity, which is the second track we all of my colleagues, Democrat and Re- appropriations bill to date. So I at- have been working on this week. publican alike, that Monday was drop tempted to be as patient as I could be The PRESIDING OFFICER. The Sen- dead. I meant that only in the sense of with regard to the ongoing discussions. ator from West Virginia. the legislation itself. Clearly, we have We have offered procedural arrange- Mr. BYRD. Madam President, if I worked hard. There have been some ments to deal with this. They have not may respond to the Senator’s question good faith efforts. There has also been been acceptable to some. We have of- without his losing his right to the a reality as to where all of the sides are fered as many different iterations of floor? He has asked me a question. on this issue. Tragically enough, no compromise as I think our imagina- The PRESIDING OFFICER. Without matter what we accomplish, the forests tions allow. But if there is a productive objection, it is so ordered. of our country are going to continue to and successful effort over the weekend, Mr. BYRD. I assume the Senate will burn at a high rate because of their di- we will certainly revisit the question. return to homeland security this after- minished health because of public pol- However, we have to move on, this is noon. The order is, I believe, 12 or icy over the last good number of dec- not only a fire amendment but it is a 12:30? ades. drought amendment, now, as a result Mr. REID. Yes, at 12 noon, with Sen- But on Monday, in visiting with Sen- of the overwhelming action taken by ator BYRD having the floor. ator REID, I hope we will have some- the Senate just last week. This is a Mr. BYRD. At 12 noon, at which thing we can vote on—or a clear deci- very important piece of legislation, time, under the unanimous consent sion that we cannot arrive at an agree- and we have to move along. There is order entered last evening, I will get ment. I hope at some point, Leader, I too much work to be done in too short recognized. can come to you and ask you if you a time. Now, I intend to explain my amend- could vitiate the vote on cloture, that So we will look at where we are on ment clearly because my amendment is we could expedite this ourselves. But Monday and come to some conclusion. not adversarial to the Lieberman bill. there are a good number on my side, But if we are unsuccessful, we will have My amendment improves, in my judg- and some on yours, who want more de- to move on with the cloture vote on ment—and I think people will agree bate and at least more discussion on Tuesday. once they really understand my this issue, even if we can have opposing I yield the floor and I thank my col- amendment—the Lieberman amend- positions on which to vote. league. ment, the Lieberman bill. Therefore, I

VerDate Sep 04 2002 01:12 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.014 S13PT1 S8590 CONGRESSIONAL RECORD — SENATE September 13, 2002 will be explaining my amendment. Mr. BYRD. I wish I could be on the submarine that carried nuclear mis- That is in answer to the question of the floor to hear what the Senator has to siles with warheads aimed at the distinguished Senator. say. I have an appointment. I have to United States of America. That sub- At that time, if he wishes me to yield be down below this floor at 11 o’clock, marine doesn’t exist any longer. I am to ask questions about homeland secu- which is 1 minute or 2 from now. I will able to hold in my hand this ground up rity, that will be fine, but I intend to read the remarks of the Senator. I copper from that dismantled submarine take some time this afternoon. At that know they will be good. If I can come because of an arms control agreement time, the Senator can speak. As far as back before he completes his remarks, by which we negotiated with the Sovi- I am concerned, if Senators are going I will do that. ets to reduce the number of nuclear to speak on the Interior bill at this Is it the understanding of the Sen- weapons and reduce the delivery vehi- time, why, the Senator could get unan- ator that he will complete his remarks cles for those nuclear weapons, and, imous consent to speak out of order. I by 12 noon? therefore, have made this a safer world. do not believe the Pastore rule has run Mr. DORGAN. Yes. A bomber and a submarine that used to its course yet. So the Senator could get Mr. BYRD. I thank the Senator. carry nuclear weapons no longer exists. Mr. DORGAN. Madam President, I consent to speak out of order for 10 We have made progress. minutes, 20 minutes, whatever he have not been on the floor until now to But there are, of course, somewhere wants, and nobody is around here to speak about the homeland security bill in the neighborhood of 30,000 nuclear and the issues surrounding that bill. I object. weapons that continue to exist on the have been thinking a lot about it, as Mr. REID. Will the Senator from face of this Earth. And many in this have many of my colleagues. We have North Dakota yield for a question? world aspire to acquire nuclear weap- had a good number of amendments, and Mr. DORGAN. I am pleased to yield ons. Terrorist groups and other coun- I do not believe anyone here thinks the to the Senator from Nevada for a ques- tries want to become part of the club issue is whether we shall pass a piece of tion. that has nuclear weapons. Our children legislation dealing with homeland se- Mr. REID. We have the two managers and their children are threatened by curity. Of course we should enact a of the Interior bill here now. We have the proliferation of nuclear weapons. piece of legislation dealing with home- approximately an hour until we go to It doesn’t take 100 nuclear weapons land security. We need to respond to the homeland security bill. I have or a thousand nuclear weapons to cre- the President’s request. We will do looked to staff, and we have no amend- ate chaos and hysteria and concern for that. The question isn’t whether, the ments to clear at this time. That is my the future of the world. It just takes question is how. understanding. So it would probably be one—just one nuclear weapon. to everyone’s benefit, because the clo- There are many ideas about home- land security that come from all cor- Today, if someone is notified that ture motion has been filed on the pend- there is a nuclear weapon missing from ing amendment, that we go off this ners of this Chamber. We ought to take the best of all of those ideas and incor- the Russian arsenal and that has been bill. stolen by terrorists and is put in the Mr. DORGAN. Yes. porate them into this legislation. Yesterday the President spoke at the trunk of a rusty Yugo car on the dock f United Nations about the threat that at , or in a container on MORNING BUSINESS comes from Saddam Hussein and Iraq. a ship coming into the ports of Los An- geles—if just one nuclear weapon is Mr. REID. I ask unanimous consent Because that also relates to the issue thought to be entering this country’s that until 12 noon today, the Senate be of homeland security, I wanted to space, its ports, its docks, its cities— in a period of morning business and at make some comments of a general na- that is enough for the kind of nuclear 12 noon we go to the homeland security ture this morning. blackmail that can cause chaos and bill and Senators be allowed to speak In my desk, I have a couple of pieces of materials taken from weapons that hysteria and threaten a nuclear war. during morning business time for up to The President gave a very forceful 10 minutes. Is that OK with the two were once targeted at the United States. I ask unanimous consent to be speech yesterday to the United Na- managers? tions. He is—and we are—concerned The PRESIDING OFFICER. Is there able to show them on the floor. I am about Iraq and Saddam Hussein having objection? doing this for a very important reason. access to weapons of mass destruction. Without objection, it is so ordered. The PRESIDING OFFICER. Without The Senator from North Dakota. objection, it is so ordered. He is—and we are—concerned about the Mr. DORGAN. Madam President, I Mr. DORGAN. Mr. President, this potential of a Saddam Hussein getting ask unanimous consent to speak in piece of material is part of a wing strut access and acquiring a nuclear weapon. morning business for as much time as I from a Backfire bomber that the Sovi- I don’t diminish at all the concern consume. ets used to fly. This Backfire bomber about that. We ought to be concerned The PRESIDING OFFICER. Without doesn’t exist anymore. It wasn’t shot about that. We and the President are objection, it is so ordered. down. It wasn’t part of combat with all concerned about that. the United States. This was sawed off But let us understand that the broad- f of an airplane. The wings were sawed er issue of arms control and arms re- HOMELAND SECURITY off of a Backfire bomber that used to duction ought to be front and center in Mr. DORGAN. Madam President, let carry nuclear weapons—presumably this Chamber. This country needs to be me thank the chairman of the Appro- that would threaten our country in the a leader in the world to help reduce the priations Committee and the ranking middle of the Cold War. It was disman- number of nuclear weapons and help member. We have a very short amount tled, sawed apart, and destroyed. And prevent the spread of nuclear weapons of time in which to do a great deal of in a sense, we purchased it. We paid for to other countries. business. I did not wish to interrupt it under the Nunn-Lugar program, in Regrettably, in recent years, some their work on Interior if in fact there which we decided through arms control Members in this Chamber—and else- was an amendment that was to be agreements with the — where in the Government of the United acted upon. I appreciate their courtesy. and then with Russia—to reduce the States—have expressed, if not a benign Let me make some comments about number of nuclear warheads and reduce neglect, an open hostility to arms con- the broad question of homeland secu- the delivery vehicles for nuclear war- trol and arms reductions. rity and relate it to the discussion yes- heads, because we believed that al- Let me go through a few of the terday at the United Nations that was lowed us to step back from the dangers things that have happened. We had a offered by President Bush. of nuclear war. vote in this Chamber on the issue of Mr. BYRD. Madam President, will I hold in my hand part of a Soviet the Comprehensive Nuclear Test-Ban the distinguished Senator yield for a Backfire bomber that we didn’t shoot Treaty. We should have such a treaty. question? down. We helped pay to saw the wings After all, we don’t test anymore in this Mr. DORGAN. I am pleased to yield off this bomber. country. The first George Bush Presi- for a question from the Senator from This other material is ground up cop- dency said we will no longer test nu- West Virginia. per wire that used to be in a Soviet clear weapons. But this Senate voted

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.016 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8591 against a Comprehensive Nuclear Test- ghanistan where terrorists burrowed I said: Well, do you know anything Ban Treaty—despite the fact that we into caves. about it, the frozen broccoli from Po- unilaterally decided not to test, and The minute you start talking about land? have not tested for a decade. This Sen- designing nuclear weapons—especially They said: No, but we’ll show you. ate turned that treaty down, sending a a little nuclear weapon with a special They opened up the container, pulled message to the rest of the world that nuclear tip that can be used against the bag out, and ripped it open, and, this is not our priority. caves—once you start talking about sure enough, there was broccoli from There is nothing more important, in the potential to use nuclear weapons, Poland. my judgment, to the children of Amer- the genie is out of the bottle. I said: How do you know what’s in ica and to their children and their fu- Our discussion in this country ought the middle of this container? You just ture than dealing with this question of never to be a discussion about how to pulled the one bag out. a nuclear threat. The Soviet Union is use a nuclear weapon. That is not what They said: Well, we don’t. We just gone. The Cold War is over. we ought to be discussing. opened it to see that it was frozen broc- The President’s discussion about We ought to be discussing our obliga- coli from Poland. Saddam Hussein underscores the con- tion to assume a world leadership posi- So we have 5.6 million containers cern about one dictator in Iraq—an evil tion to stop the spread of nuclear weap- that come into this country, and they man in Iraq who is seeking to get nu- ons and stop the proliferation of nu- are largely uninspected. Does anyone clear weapons. clear weapons. Do you want a future 10 here not believe that port security, the But I am just saying that there is years from now or 40 years from now in security of containers, is critically im- much more at stake than that. The which 50, 75, or 100 countries, including portant? Iraq situation is at stake for us, and we terrorists and rogue nations, have nu- Did you read the story about the fel- need to respond to that. But there is clear weapons at their disposal? I don’t low from the Middle East who decided much more at stake. think so. to send himself to Canada, presumably So many others want to acquire nu- We have had a 50-year effort in this with the thought of coming into the clear weapons. There are so many nu- country—50 years—to stigmatize nu- United States, and he put himself in a clear weapons around in this world. I clear weapons and brand them only as container? He had a cot, he had potable indicated that there are somewhere be- a weapon of last resort. We ought not water, he had a telephone, he had a tween, perhaps, 25,000 and 30,000 nu- do anything to undermine that basic computer, he had a GPS system, he had clear weapons in existence. A fair num- approach to nuclear weapons. a heater. And there he was living in a We are talking about homeland secu- ber of them for a number of reasons are container, on a container ship, ship- rity in these days. When you talk not very well controlled. So we need to ping himself to Toronto, Canada. about nuclear weapons, you have to talk in the broader context about what Well, they found this guy. They talk about homeland security against our responsibility is, and what our role thought he was a terrorist. I don’t the ultimate weapon; that is, a nuclear is with respect to arms control and know what the disposition of that was. weapon. But there are many other arms reduction in the future. But think of it, how easy it is, if 5.7 kinds of weapons. The Senate was asked to consider the We may spend $7 to $8 billion this million containers come into this nomination of a fellow named John year, in this Congress, on a national country, and we only take a look at Holum, who the President said he missile defense program, trying to 100,000 of them. What is in the other 5.6 wanted as senior adviser for arms con- build a missile that has the capability million? trol. John Holum is a remarkable of hitting a bullet with a bullet. The That is a big homeland security American, who has had incredible expe- purpose of that is a defensive mecha- issue. What are we going to do about rience, and he was nominated for the nism by which if a rogue nation or ter- that? position of Under Secretary of State rorist or some other country were able We have heard discussions about the for Arms Control and International Se- to launch an intercontinental ballistic potential for a dirty bomb. The Na- curity Affairs. He is somebody who be- missile against the United States, we tional Research Council gave a long lieves in his heart that we need to pur- would be able to shoot it down and pre- listing the other day with respect to sue negotiations and efforts to achieve vent a nuclear attack using an ICBM. homeland security, about our short- treaties for nuclear arms reduction and We will spend an enormous amount comings on preparedness to defend to achieve progress in stopping the of money on that, believing that one of against nuclear and dirty bomb spread of nuclear weapons. But his the threats is an intercontinental bal- threats, and against biological warfare. nomination was blocked. listic missile coming in at 14,000 miles Here is what the report said. We have The President sent us instead John an hour, with a nuclear warhead, sent to develop vaccines for airborne patho- Bolton, who doesn’t have experience in by some rogue nation or terrorist gens—we are way behind in doing arms control, who has never served in state. It is one of the less likely that—create better sensors and filters an arms control position, who has ex- threats; the Pentagon will tell you for dangerous chemicals; build a sys- pressed disdain for arms control and that. Rogue nations and terrorist tem to counter sabotage of the Na- those who promote it, and who ex- states would have a very difficult time tion’s food supply; find better methods pressed disdain for the United Nations. dealing with an ICBM, if they could ac- to fend off attacks on nuclear reactors, He said: quire one in the first place. electrical power grids, and communica- . . . a building in New York has 38 stories. A far more likely prospect would be a tions systems; and develop defense in If it lost 10 it wouldn’t make a bit of dif- container, on a container ship, pulling depth for airport and other transpor- ference. up to a dock in New York City at 3 tation security. And his nomination was approved by miles an hour, with a low-yield nuclear Much of what we are talking about in the Senate. device in the middle of a container, in the current debate about homeland se- So we have someone in this area who the middle of a container ship. curity is organizational. We say, let’s really isn’t interested in pursuing the There are 5.7 million containers that take a look at an organizational chart approach that we have used, which has come into this country every year to and find the boxes and evaluate how we been quite successful in beginning the all of our ports and docks. These big can put all these boxes together in a process of reducing nuclear weapons ships pull up with containers stacked different way. And so you have, at the and reducing the nuclear threat. on top of their decks. Of the 5.7 mil- end, 170,000 people in a new agency. We also have had discussions in re- lion, 100,000 are inspected. So 5.6 mil- Putting agencies together in a way in cent months about perhaps developing lion are not. I was at a dock in Seattle which they are better prepared to deal a new type of nuclear weapon. Perhaps recently, and they had pulled off a ship with homeland security makes good a nuclear weapon can be developed that container, and they were inspecting it sense to me. But there is not a right or will be a cave buster—some nuclear- at the Customs facility. I asked them: a wrong way to do it. There are a lot of tipped bomb that will bust into caves What is this? What is in the container? different ideas on how it might or and be more effective in dealing with They said: Frozen broccoli, from Po- might not work, and we will not know, the problem that we encountered in Af- land. perhaps for a year or 2 or 3 or 4 years,

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.019 S13PT1 S8592 CONGRESSIONAL RECORD — SENATE September 13, 2002 after the Congress finishes its work, expanding cooperative threat reduc- great people in public service—not just and the President signs the bill, wheth- tion, which is an important part of the the Federal Government, but State and er what we have done advances our in- outgrowth of the Nunn-Lugar program, local government as well. terests or retards it. and a range of other efforts. Among those people who filed out of It is reasonable to ask the question, So Iraq is important, but there are the World Trade Center, we had fire- if homeland security is going to be re- broader issues to consider as well. fighters and law enforcement officers structured, should we consider some Incidentally, the President yesterday climbing the stairs. Some of those fire- change to the way we use the FBI and did the right thing by going to the fighters were up on the 70th floor car- the CIA, and the way we gather and United Nations and saying to the U.N.: rying 60-pound backpacks, climbing up analyze intelligence? I know there is a Look, you have had resolution after as that fire was coursing through that portion of that in this bill, and I think resolution after resolution, and Iraq building, knowing they were risking this is a question we have to consider has defied you. They have failed to live their lives. They were not asking about carefully. up to their terms of surrender from the overtime or about how tough it might Good intelligence is critical. I men- gulf war, and they simply thumb their be, what the risk was. They were doing tioned the issue of nuclear weapons. nose at your resolutions. their jobs—wonderful, brave people. Russia, which is now the nuclear repos- What the President said to the There are a lot of people like them all itory of the old Soviet Union, has thou- United Nations yesterday was: You had over this country in public service. sands of excess nuclear weapons in better decide whether you are going to This Government ought to say to them: storage facilities that fall far short of pass resolutions and enforce them or We value your work. We honor your what we expect for decent security not. And the President said: We will work. standards. We are told they have more take this to the National Security I don’t want anything in this home- than 1,000 metric tons of highly en- Council. land security bill to in any way deni- riched uranium and at least 150 metric A lot of people were worried that he grate the work of those public employ- tons of weapons-grade plutonium, would not do that. I am glad he has. It ees or pull the rug out from under much of it in less than adequate stor- is exactly the right step. The notion of them. They are going to be our first de- age facilities. That is enough for 80,000 saying we don’t care what the Security fenders, the first line of defense. They nuclear weapons, by the way. Council does or what the U.N. says, are the ones who will make this work. In addition, dangerous biological that is not the way to do it. The Presi- We have a lot to do here. We have a pathogens are kept at scores of poorly dent yesterday did the right thing. He government of checks and balances guarded sites around the former Soviet said to the National Security Council which requires cooperation, which re- Union. and the United Nations: You need to quires that we work together. The Tens of thousands of former Soviet begin enforcing what you are doing by President has some good ideas. I think Union scientists and engineers are liv- resolution with respect to the country our colleagues have good ideas. I think ing hand to mouth because of military of Iraq. Senator BYRD does us a service by talk- downsizing and the collapse of the I hope the United Nations will decide ing about how we put this together in economy. These are people who know to do that. My hope is we can put to- the long term. how to make these bombs, were in- gether a coalition through the United In politics, there are always a couple volved in the development of the So- Nations of coercive inspections that de- of sides. Each side too often wants the viet nuclear capability. mand and achieve the inspections nec- other to lose. We should get the best of We know that individuals and groups essary to make sure we are not threat- both rather than the worst of each. have attempted to steal uranium or ened by weapons of mass destruction in That is especially true on homeland se- plutonium from sites in the former So- Iraq. curity. viet Union dozens of times in the past But let us agree that the problem is It is up to us. The moment is now. 10 years. bigger than just Iraq, and let us decide The President is right to be talking Former Senate Majority Leader to be a world leader in dealing with about concern of weapons of mass de- James Baker and former White House stopping the spread of nuclear weap- struction. But is it not just Iraq. This Counsel Lloyd Cutler headed a panel ons. Let’s bring back the comprehen- is a much bigger subject. We need those last year that studied the threat to our sive nuclear test ban treaty. Let’s pass who now talk in the most aggressive country posed by nuclear weapons, ma- it. Let’s send a signal to the world that ways about dealing with this issue to terials, and know-how in the former we care about the chemical weapons join us to develop new arms reduction Soviet Union. Here is what the panel ban, because this country wants to lead strategies and to develop approaches said about a scenario where a terrorist in the right direction to stop the by which the rest of the world joins us would have access to some basic mate- spread of weapons of mass destruction. in stopping the spread of nuclear weap- rial and could get the engineers and Now, let me say a few words about ons. scientists to put this together: the proposed Department of Homeland I yield the floor. The national security benefits to the U.S. Security. The President says to us he The PRESIDING OFFICER. The Sen- citizens from securing and/or neutralizing wants to put this agency together, and ator from Louisiana. the equivalent of more than 80,000 nuclear he wants to do it in a way that he has weapons and potential nuclear weapons f maximum flexibility with respect to would constitute the highest return on in- ELDER JUSTICE ACT OF 2002 vestment in any current U.S. national secu- all of these workers. Whatever we do, rity and defense program. however we do it, we will give this Mr. BREAUX. Mr. President, I take a In a worst case scenario, a nuclear engi- President very substantial flexibility. moment to speak to legislation that neer graduate with a grapefruit-sized lump of But to suggest somehow that the basic has been introduced by myself along highly enriched uranium or an orange-sized protections that workers expect and with a number of bipartisan colleagues, lump of plutonium, together with material have received for many years in this which is entitled the Elder Justice Act otherwise readily available in commercial of 2002. markets, could fashion a nuclear device that Government of ours should be dis- would fit in a van like the one terrorist Yosif carded or disallowed makes no sense. The legislation has been introduced parked in the World Trade Center in 1993. We propose to provide the same basic by me along with Senators HATCH, The explosive effects of such a device would protections to workers in all of these BAUCUS, COLLINS, CARNAHAN, SMITH of destroy every building in [the] Wall Street agencies that you have for civilian Oregon, LINCOLN, BOND, TORRICELLI, financial area and would level lower Manhat- workers at the U.S. Department of De- NELSON of Florida, and also Senator tan. fense. That makes good sense. STABENOW. The Baker-Cutler panel recommends I get tired of people saying: Federal I will take a minute to just describe spending a substantial amount of workers, they are not worth much. the problem we have in this and out- money, $30 billion over 10 years—three They are people who can’t find a job line the features of the legislation. I times what the administration is pro- elsewhere. think there are probably few pressing posing—to secure weapons and fissile We have terrific people working for national concerns of social issues that and biological material in Russia by the Federal Government. We have are as important and also ignored as

VerDate Sep 04 2002 01:12 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.021 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8593 much as elder abuse, elder neglect, and chart, the area in red represents the from the national research agenda, our also the exploitation of elder Ameri- money being spent with regard to child legislation establishes research centers cans. abuse—$6.7 billion on various pro- of excellence and funds research This abuse of our seniors takes many grams. On the other hand, if you look projects to fuel future legislation that different forms. It could be physical at what we are doing in the area of may be necessary. abuse, sexual abuse, psychological spousal abuse, domestic abuse, it is These measures lay the foundation to abuse, and it could also be financial about $520 million. When you look at address, in a meaningful and lasting abuse. The perpetrator may be a how much we are spending on the ques- way, a devastating and growing prob- stranger you have never heard of or tion of elder abuse, it is only a very lem that has been invisible for far too never seen; it may be an acquaintance; small amount in comparison—approxi- long. We can no longer neglect these it may be a paid caregiver in some in- mately 2 percent of the money that is difficult issues afflicting frail and el- stitution; it may be a corporation; and, spent on trying to alleviate, under- derly victims—American citizens. unfortunately, far too often it can be a stand, and prevent abuse. It is focused This effort takes numerous steps to spouse or another member of the elder- on the fastest growing segment of our prevent and treat elder abuse. It im- ly person’s family. population, where in our hearings in proves prevention and intervention by Elder abuse happens everywhere—in the Aging Committee we have found it funding projects to make older Ameri- poor, middle class, and upper income is a substantial and real problem. cans safer in their homes, facilities, households; in cities, suburbs, and in I am not saying domestic abuse and and in their neighborhoods, to enhance rural areas. It knows no demographic child abuse should be terminated from long-term-care staffing, and to stop fi- or geographic boundaries. the standpoint of spending money to nancial fraud before the money goes The cost of such abuse and neglect is prevent it. Of course not. It is a high out of the door. extremely high by any measure. The priority. What we are saying is that we It enhances detection by creating fo- price of the abuse is paid in needless need more attention on the question of rensic centers and develops expertise to human suffering, inflated health care how we treat, as a society, the elderly enhance detection of the problem. costs for everyone, depleted public re- in our country, which is the fastest It bolsters treatment by funding ef- sources, and the loss of one of our growing segment of our population. forts to find better ways to mitigate greatest national assets: Of course, the Despite dozens of congressional hear- the devastating consequences of elder wisdom and experience of the elders in ings over the past two decades on the mistreatment. our country. devastating effects of elder abuse, ne- It also increases collaboration by re- With scientific advances and the glect, and exploitation, interest in the quiring ongoing coordination at the graying of millions of baby boomers, subject has risen and fallen, it has Federal level, among Federal, State, this year the number of elderly on the waxed and waned. To date, no Federal local, private entities, law enforce- planet will pass the number of children law has been enacted to address this ment, long-term care facilities, con- on the planet for the very first time. issue of elder abuse in a comprehensive sumer advocates, and families, to bring Although we have made great strides fashion. all of these agencies together in a co- in promoting independence, produc- In these hearings we had in the Aging ordinated fashion. tivity, and quality of life, old age still Committee, elder abuse was called a It aids prosecution by assisting law brings inadequate health care, isola- disgrace, a burgeoning national scan- enforcement and prosecutors to ensure tion, impoverishment, abuse, and ne- dal. Indeed, we found no single Federal that those who abuse our Nation’s frail glect for far too many elder Americans. employee working full time on the elderly will be held accountable, wher- Studies we have looked at in our issue of elder abuse in the entire Fed- ever the crime occurs and whoever the Aging Committee, which I have the eral Government, in any Department, victim happens to be. privilege of chairing, conclude that anywhere. It also helps consumers by creating a elder abuse, neglect, and exploitation I think the time has come to provide resource center for family caregivers are widely unreported. These abuses seniors a set of fundamental protec- and those trying to make decisions significantly shorten the lives of older tions. That is why, along with the col- about the different types of long-term Americans. A single episode of mis- leagues I listed, we have introduced S. care providers. treatment can ‘‘tip over’’ an otherwise 2933, the first comprehensive Federal The importance of defending our independent, productive life, triggering effort to address elder abuse in the right to live free of suffering from a downward spiral that can result in United States—the Elder Justice Act of abuse and neglect does not diminish depression, serious illness, or even 2002. with age. death. Our bill will elevate elder abuse, ne- If we can unlock the mysteries of Too many of our frailest citizens suf- glect, and exploitation to the national science and live longer, what do we fer needlessly and cannot simply move stage in a lasting way. We want to en- gain if we fail to ensure that Ameri- away and escape from the abuse. Fre- sure that there is Federal leadership to cans also live better lives and longer quently, they cannot express their provide resources for the services, pre- lives, lives with dignity? More and wishes or their suffering. Even if they vention, and enforcement effort to more of us will enjoy a longer life in can, they often do not because they those on the front lines. relatively good health, and with this fear retaliation. You know, a crime is a crime, no gift comes the responsibility to prevent Congress has passed comprehensive matter who the victim is, or wherever the needless suffering too often borne bills to address the ugly truth of two the victim happens to be, or whatever by our frailest citizens. other types of abuse—child abuse and the age of the victim is. Crimes against I appreciate the work of the members crimes against women. These bills have seniors must certainly be elevated to of our Aging Committee and our co- placed these two issues into the na- the level of child abuse and crimes sponsors and their joint effort with me tional consciousness and addressed the against women. to put together this legislation. I rec- issues at the national level. It is clear, in confronting child abuse ommend it be considered by our col- These laws created new Federal in- and violence against women, that the leagues and that the Senate proceed ul- frastructure and funding—focusing re- best method of prevention has been a timately to action on the bill, S. 2933, sources, creating accountability, and two-pronged approach—through both the Elder Justice Act of 2002. changing how we think about and treat law enforcement and social services. Mr. President, I yield the floor, and I the abuse of women and children. Most With offices in the Department of suggest the absence of a quorum. jurisdictions now have established co- Health and Human Services, HHS, and The PRESIDING OFFICER. The ordinated social service, public health, the Department of Justice, our legisla- clerk will call the roll. and law enforcement approaches to tion will ensure a combined public The senior assistant bill clerk pro- confront these abuses. health-law enforcement coordination ceeded to call the roll. It is interesting when we look at how at all levels. Mr. LIEBERMAN. Mr. President, I Federal dollars are being spent in the In addition, because elder abuse and ask unanimous consent that the order area of abuse and neglect. On the neglect have been virtually absent for the quorum call be rescinded.

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.024 S13PT1 S8594 CONGRESSIONAL RECORD — SENATE September 13, 2002 The PRESIDING OFFICER. Without nightmare scenarios in which Saddam a growing pile of U.N. resolutions objection, it is so ordered. makes common cause with the terror- which Saddam has persistently defied. Mr. LIEBERMAN. I thank the Chair. ists who want to kill Americans and They testify to the repeated opportuni- f destroy our way of life. ties the international community has Indeed, 2 days ago on September 11, given him to prove he has changed and IRAQ 2002, the state-owned newspaper in Iraq to his determination nonetheless to re- Mr. LIEBERMAN. Mr. President, I showed a picture of the World Trade main a recidivist international outlaw. rise today to voice my strong support Center’s Twin Towers in flames with As President Bush made clear yester- for the convincing call to action the headline ‘‘God’s Punishment.’’ day, this must end. The hour of truth against Iraq that President Bush issued This man—Saddam Hussein—is a and decision has arrived. This is yesterday at the United Nations to dis- menace to the people and the peace of Saddam’s last chance, and the United cuss the unique dangers created by the world. It was his brutal invasion of Nations’ best chance to show that its Saddam Hussein’s regime and to argue his peaceful neighbor, Kuwait, in Au- declarations of international law stand that it is imperative that the inter- gust 1990 that first and finally con- for something more than the paper on national community, led by the United vinced America and the world that which they are written. It is time for States of America, mobilize now to Saddam had become a tyrant, like so all nations, law abiding and peace lov- eliminate those dangers. many before him in world history, who ing, to make clear that, after Sep- On September 11, 2001, a foreboding had to be stopped before he did terrible tember 11, the world will not hesitate new chapter in American history damage to his people, his region, and or equivocate while a tyrant stocks his began. On that day, our Government the wider world. I was privileged in arsenal and builds alliances with ter- was reawakened in this new century to January of 1991 to join with my col- rorists. I am grateful that President Bush its oldest and most solemn responsi- league from Virginia, Senator JOHN has effectively begun the critical work bility: protecting the lives and liberty WARNER, in sponsoring the Senate reso- of educating the American people, the of the American people. lution that authorized the first Presi- Congress, and the world about why. As we survey the landscape of threats dent Bush to go to war against Sad- Our cause is just. The facts are on our to our security in the years ahead, the dam. greatest are terrorists—al-Qaida and The American military fought brave- side. ‘‘Making this case’’ is not a burden. rogue regimes such as Saddam Hus- ly and brilliantly, in that conflict and It is the vital responsibility of a de- sein’s. won an extraordinary victory in rolling mocracy’s leaders when they have de- Saddam hates America and Ameri- back Saddam’s invasion of Kuwait. But cans and is working furiously to accu- cided that our Nation’s security may we did not achieve total victory. On necessitate war. mulate deadly weapons of mass de- April 9, 1991, I came to the Senate floor It is an extraordinary opportunity, as struction and the missiles, planes, and and expressed my disappointment that well, to engage our allies in meeting unmanned aerial vehicles to use in at- our forces in Desert Storm had not the greatest security threat of our gen- tacking distant targets. been authorized to remove Saddam eration before it is too late—not just Every day Saddam remains in power from power, while his military was in for us but for them. An opportunity to is a day of danger for the Iraqi people, disarray. make the consequences of repeated de- for Iraq’s neighbors, for the American I said then: ‘‘The United States must fiance of the United Nations painfully people, and for the world. As long as pursue final victory over Saddam. We clear to Iraq, and to any other govern- Saddam remains in power, there will be must use all reasonable diplomatic, ment that might follow in its criminal no genuine security and no lasting economic, and military means to path. An opportunity to show the peace in the Middle East, among the achieve his removal from power. Until world’s law-abiding, peace-loving Mus- Arab nations or among the Arabs, that end is realized, the peace and sta- lim majority—who share the same val- Israelis, and Christians who live there. bility of the region will not have been ues we do, the same aspirations we The threat Saddam poses has been fully accomplished.’’ have for our families, and, I might add, articulated so often that some may In 1997 and 1998, I joined with Sen- the same extremist foes—that as we have grown numb to the reality of his ators Bob Kerrey, TRENT LOTT, and oppose tyranny and terror, we will ac- brutality. But after September 11, we JOHN MCCAIN to introduce the Iraq Lib- tively support them in their fight for must reacquaint ourselves with him be- eration Act, which established in law freedom and a better life. cause if we do not understand and act, for the first time that it is U.S. policy President Bush has acted wisely and his next victims, like Osama bin to change the regime in Baghdad, not decisively in asking the United Nations Laden’s, could be innocent Americans. just contain it, and authorized specific to lead this noble effort, to insist that President Bush advanced that proc- assistance, including military training Iraq obey its resolutions, and to be pre- ess with great effectiveness in his and equipment, to the Iraqi opposition pared to enforce them militarily if Iraq speech at the U.N. yesterday, albeit in furtherance of that goal. That dec- does not comply. But if Saddam does after a season long on the beating of laration was based on Saddam’s record not comply, and the United Nations drums of war and short on explaining of barbarism before, during and after proves itself unwilling or unable to why war may now be necessary. But the gulf war, and his repeated viola- take decisive action, then the United the President did that yesterday in tions of U.N. resolutions. States surely can and must assemble New York. Now we, in Congress, must On November 13, 1998, after Saddam and lead an international military coa- go forward together with him as the ejected the U.N. weapons inspectors, I lition to enforce the United Nations Constitution’s competing clauses re- said, ‘‘If we let him block the inspec- resolutions and liberate the Iraqi peo- quire us to do. Each of us must decide tions and the monitoring that he ple, the Middle East and the world what actions will best advance Amer- agreed to as a condition of the cease- from Saddam Hussein. If we lead, I am ica’s values and secure the future of fire in the gulf war, then there is no confident many other nations will the American people. doubt that one day soon, he will use come to our side. The essential facts are known. We weapons of mass destruction, carried For more than 11 years now, since know of the weapons in Saddam’s pos- by ballistic missiles, against Ameri- the early spring of 1991, I have sup- session—chemical, biological, and nu- cans in the Middle East or against our ported the use of military force to dis- clear in time. We know of his un- allies.’’ arm Iraq and to remove Saddam Hus- equaled willingness to use them. We Since then, months and years have sein from power. In fact, since the Iraq know his history, his invasions of his passed and the danger from Baghdad Liberation Act was passed by Congress neighbors, his dreams of achieving heg- has only grown greater. International and signed by President Clinton in 1998, emonic control over the Arab world, pressure—legal, diplomatic, economic, that has been the law of our land. his record of anti-American rage, his and political—has failed to change Therefore, I am fully supportive of willingness to terrorize, to slaughter, Saddam’s behavior. Growing stockpiles such military action now. to suppress his own people and others. of Iraqi weapons, toxins, and delivery I know that many of my colleagues And we need not stretch to imagine systems have accumulated. So too has in the Senate believe thoughtfully and

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.026 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8595 sincerely that it would be preferable to Pending: toms Service, the Coast Guard, all of give support to the President in two Lieberman amendment No. 4471, in the na- these agencies currently exist. They stages, first to endorse yesterday’s call ture of a substitute. are operating. They are funded. And for U.N action, and then to return Thompson/Warner amendment No. 4513 (to the people are out there working day later, if the U.N. does not act, to au- amendment No. 4471), to strike title II, es- and night. These agencies have been thorize the use of America’s military tablishing the National Office for Combating working around the clock since the ter- power against Iraq. Other Members of Terrorism, and title III, developing the Na- tional Strategy for Combating Terrorism rorist attacks last year on September the Senate are understandably con- and Homeland Security Response for detec- 11. They have been out there working. cerned that a debate on the question of tion, prevention, protection, response, and They were on the borders. They were war against Iraq may be unnecessarily recover to counterterrorist threats. (By 41 patrolling the U.S. waterways last politicized if it occurs in the more yeas to 55 nays (Vote No. 214), Senate failed night, the night before, and the night heated environment of this fall’s con- to table the amendment.) before that, and in all of the nights gressional elections. Lieberman amendment No. 4534 (to amend- that have occurred, beginning on Sep- But the White House has made it ment No. 4513), to provide for a National Of- tember 11, and before. clear it will ask for a resolution of sup- fice for Combating Terrorism, and a National Strategy for Combating Terrorism and the Whether or not we create a new port and authorization in the very near Homeland Security Response. Homeland Security Department, and future. Each member of the Senate The PRESIDING OFFICER. Under regardless of when we do it, these same must, and I am confident will, face the previous order, the Senator from agencies will continue to protect our that reality in a spirit of non-partisan- West Virginia is to be recognized. homeland. The funds are there. The ship, going where their hearts and Mr. BYRD. Madam President, I do funds are being used. The people are heads take them, in deciding how best not expect to yield, except for ques- to fulfill our Constitutional responsi- there on the job. So do not have any tions. I have several thoughts with re- bility to provide for the common de- concern about that. They are not ab- spect to the pending measure. I can fense in the current circumstances. For sent their protest and they are not speak at great length. Only the Lord my part, I intend to work with Mem- empty handed. They are not empty can intervene and make that state- bers of both parties in the Senate with handed. They are working. ment fall. But I don’t expect to do that the White House to draft a Senate reso- Now, we must be careful about how today. lution that will receive the broadest we create this Department. And I want House Republicans yesterday criti- possible bipartisan support for the to create this Department of Homeland cized the majority leader and the man- President, as Commander in Chief, as Security; I want to create a Depart- agers of the bill, Senator LIEBERMAN, he works to protect our Nation and the ment of Homeland Security. But I am for not moving quickly enough to pass world from Saddam Hussein. not one who wants to debate the bill on legislation to create a new Homeland On October 22, 1962, as nuclear weap- the Senate floor for 2 days and vote on Security Department. They accuse the ons were being amassed in Cuba, Presi- it. That is what the House did, the Senate Democratic leadership of en- dent, Kennedy spoke to the Nation and other body. They have their own rules. dangering the country by not passing warned Americans of the need to act in I have been a Member, many years ago. legislation. the face of the rising threat. President I say ‘‘many;’’ many in the context of We are going to hear more and more Kennedy’s courageous and eloquent the ordinary lifetime of many years of that. There is no excuse for not giv- words can guide us now. He said on ago. They have their rules. I don’t ing the people of this country a home- that occasion. land security bill, said the Speaker of criticize that at all. They can operate My fellow citizens, let no one doubt that the House yesterday. fast. The House can operate quickly, this is a difficult and dangerous effort on they can operate fast, and so can the which we have set out. No one can see pre- Let me say again what the Speaker of the House yesterday said: There is Senate, as we did last year when we cisely what course it will take or what costs passed an appropriations bill within 3 or casualties will be incurred. Many months no excuse for not giving the people of of sacrifice and self-discipline lie ahead, this country a homeland security bill. days of the fall of the towers, the Twin months in which many threats and denuncia- What a flimsy argument, with all due Towers. We passed an appropriations tions will keep us aware of our dangers. But respect, and I have great respect for bill within 3 days, a bill appropriating the greatest danger of all would be to do the Speaker. I know the rules of the $40 billion. nothing. Senate and the House. I am not going The Senate can act fast, too. But The path we have chosen for the present is full of hazards, as all paths are, but it is the to go beyond that quotation in refer- thank God, the Senate has different one most consistent with our character and ring to what the Speaker of the House rules from the rules of the other body. courage as a nation and our commitments said. I am not going to go beyond that And that is no criticism of the rules of around the world. The cost of freedom is al- to in any way appear, in any way, and the other body. But why the hurry? ways high, and Americans have always paid I do not now appear, even presume; I Why pass a bill in 2 days? Why should it but there is one path we shall never don’t want anyone to presume or to as- the Senate not take a little time and choose, and that is the path of surrender or sume or to interpret what I say as any discuss this? The people are out there. submission. personal criticism of the Speaker of Our security people are at their posts. Our goal is not the victory of might, but the vindication of right—not peace at the ex- the House of Representatives. But what They have been funded. As a matter of pense of freedom, but both peace and free- a flimsy argument. We are going to fact, the Senate has passed bills com- dom, here . . . and, we hope, around the hear that argument; we are going to ing out of the Appropriations Com- world. God willing, that goal will be hear it from other people. It will not be mittee, chaired by me and with the achieved. long in coming, if it has not already ranking member, Mr. TED STEVENS, a I yield the floor. been expressed by others. But worse former chairman of that committee, f than flimsy is the kind of argument we and all of the members acting unani- ought not be making. It is an empty mously—Republicans and Democrats HOMELAND SECURITY ACT OF 2002 argument. It is shallow. That kind of alike. We have provided funds, more The PRESIDING OFFICER (Mrs. LIN- argument cannot stand up under its funds than the President has been will- COLN). Under the previous order, the own weight, that there is no excuse for ing to sign into law. We sought to pro- hour of 12 noon having arrived, the not giving the people of this country a vide $2.5 billion in a bill. All the Presi- Senate will now resume consideration homeland security bill. dent needed was to sign his name. That of H.R. 5005, which the clerk will report Let us be clear about a few things. was all he needed. Two point five bil- by title. Neither the House bill nor the Presi- lion more would have been available— The assistant legislative clerk read dent’s proposal would create any new for what? For homeland security. And as follows: agencies. They are proposing only to the President had 30 days in which to A bill (H.R. 5005) to establish the Depart- move existing agencies from one De- sign that measure into law. He refused ment of Homeland Security, and for other partment to another. The Immigration to sign it into law. So who is in a purposes. and Naturalization Service, the Cus- hurry?

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.007 S13PT1 S8596 CONGRESSIONAL RECORD — SENATE September 13, 2002 The real threat to the American peo- pression of concerns about this hasty Let me briefly explain what my amend- ple is that by transferring 22 agencies action on this legislation. But don’t ment does so those who are listening and 122,000 employees to this new De- push the American people into handing will understand that my amendment is partment, all at once we will throw our over their civil liberties in the name of not seriatim to the bill that has been homeland security efforts into a state homeland security. And some debate introduced by Senator LIEBERMAN. My of chaos and therefore make the coun- on this bill—when I say this bill, the amendment only goes to title I of that try even more susceptible to a terrorist House bill or the Lieberman sub- bill. There are 24 titles to the bill. My attack. What is more, if we are not stitute—debate will surface, will open amendment only goes to title I of Mr. careful about how we create this De- the eyes of the American people and LIEBERMAN’s bill. I am not yet address- partment and the authorities that we the eyes of Senators, to the threat of ing the House bill. That is far worse. grant to this new Department with re- eroding the liberties of the American The House bill is really a poison pill. gard to its intelligence and law en- people. Mr. LIEBERMAN’s bill has 24 titles forcement powers, we could do irrep- Don’t risk eroding the liberties of the listed. My amendment only goes to arable harm to the constitutional lib- American people. It doesn’t sound like title I. erties of the American people. passing a homeland security bill would Mr. LIEBERMAN’s proposal has encom- For this reason, 26 leaders of nation- do all that, does it? It has an innocent passed in the bill that was reported by ally prominent conservative organiza- sounding name, a good name. But let’s the committee a Department of Home- tions have urged the Senate to exer- take a look at the bill. Read closely land Security. I am for that. My cise—and I use quotes—‘‘restraint, cau- the bill. Don’t push the American peo- amendment does not do otherwise in tion, and deeper scrutiny before hastily ple into handing over their civil lib- support of a Department of Homeland granting unnecessary powers to a erties in the name of homeland secu- Security. homeland security bureaucracy.’’ rity. The Lieberman proposal provides for Let me say that again: 26 leaders of Everybody understands when our Na- a Secretary. My amendment provides nationally prominent conservative or- tion is put on a wartime footing, we for a Secretary. ganizations have urged the Senate to have to put certain limits on ourselves. The Lieberman proposal provides for exercise ‘‘restraint, caution, and deeper But take a look at this bill. Take a a Deputy Secretary. My amendment scrutiny before hastily granting unnec- look at the bill. Don’t risk eroding the provides for a Deputy Secretary. essary powers to a homeland security liberties of the American people and The Lieberman proposal provides for bureaucracy.’’ lead the public to believe this proposal seven Under Secretaries. My proposal I say to those who would say there is is a panacea for homeland defense. provides for seven Under Secretaries. no excuse for not giving the people of That is what the administration is The Lieberman proposal provides for this country a homeland security bill: pressing for. That is what those who five Assistant Secretaries in title I. My Don’t push this Senate. Don’t push it. are pressing the Senate are pressing for amendment provides for five Assistant The Senate will act in due time. Don’t when they argue that the Senate is en- Secretaries in title I. push this Senate. Back off. Don’t push dangering the security of the American The Lieberman proposal proposes six this Congress as a whole into unwise people by not quickly passing the directorates. My proposal provides for and hasty decisions that would make President’s proposal. I believe that the six directorates in title I. this country even more vulnerable to administration and others who take There is another directorate provided another terrorist attack. that position have lost sight of the real for in title XI. I don’t touch that at the That attack can happen right now, goal here, which is not a Homeland Se- moment. My amendment does not later today, tonight. Why should we curity Department but a more secure touch that. We are only talking about hurry in acting on this particular homeland. title I in my amendment. measure? The people are out there. The The President and his administration Thus far, the same superstructure people in the agencies, the Customs, seem more concerned with scoring a that is provided for by Mr. LIEBERMAN the Coast Guard, the Naturalization political victory, maybe, than whether is provided by the amendment which I and Immigration Service, at the ports a Homeland Security Department will have introduced—the same thing; no of entry into this country, at the river actually work and will actually protect change; nothing different about that. ports, at the seaports, food inspectors, the American people from another ter- The Lieberman proposal provides for the health officials, the firemen, the rorist attack. a huge transaction here, which Mr. policemen—they have been there. We My interpretation of what is being LIEBERMAN has told me involves 28 have done our part, up to this point, by done is—I have to say that I can be agencies and offices. We have heard the funding those agencies that provide se- wrong, too. Perhaps I am putting the figure 22 bandied around here. I have curity to the country, to the nuclear wrong interpretation on it. Perhaps the seen those all over the press. I accepted facilities, along the border. We have President is not more concerned with that figure for a while, until I asked funded them. We have provided more scoring a political victory than wheth- Mr. LIEBERMAN how many agencies are funds than the President himself has er the Homeland Security Department we really talking about. He said: I have been willing to sign a bill for. They will actually protect the American counted them, and I count 28 agencies have been there. He had days to sign people from another terrorist attack. I and offices, and 170,000 Federal workers that bill, but he didn’t do it. Now the don’t want to read it that way. I don’t being transferred to this Department. hue and cry is: Pass this bill, the home- want to misinterpret it. I don’t want to I don’t say anything criticizing Mr. land security bill. see the President as doing that, or feel- LIEBERMAN’s bill. I am comparing my The House of Representatives passed ing that way about it. I don’t want to amendment in certain respects with it in 2 days. That is all right; their even assume that is his motivation. the bill which was reported by the Sen- rules will allow them to do that. But I But that is the motivation of some. ate committee which Mr. LIEBERMAN say to the leadership in the House, and That is the motivation of some. chairs and of which Mr. THOMPSON is to the leadership down at the other end Forty-one Senators opposed the ranking member. of this avenue: Don’t push the Senate. Thompson amendment to strike titles That bill provides for all this huge Don’t push the Congress into unwise II and III from the Lieberman sub- transaction—all of this movement of and hasty decisions that would make stitute. Yet there is only one Senator people, all of this shifting around of this country more vulnerable to an- on the floor defending those titles. I people in the agencies, or among the other terrorist attack. Don’t push the did not draft the language. Yet I am agencies in which they are presently American people. Don’t push the Amer- the only one fighting for it. I am the working. And it provides for all this to ican people, I say, as I look through only one fighting at the moment to re- be done—for these agencies to be shift- those electronic eyes, the lenses there. tain titles II and III of the bill. I will ed into the new Department. Don’t push those people into handing have something to say about those ti- Their letterheads will probably over their civil liberties. tles at some point. change. Their telephone numbers will Now, pay attention. Not much atten- When I say titles II and III, I am probably change. The offices in which tion has been paid thus far to my ex- talking about the Lieberman proposal. they serve today may or may not

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.040 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8597 change. They may be moved up Penn- speech in opposition to it? Why should eton, of putting into effect the estab- sylvania Avenue to a new place. They Senators have to do that within the lishment of the first directorate. may have to move their desks and next week, let’s say, or 2 weeks or 3 Remember, I said that there were di- their telephones and their computer weeks? Why should Senators have to do rectorates in the Lieberman bill. There systems. Their culture will change. that before a new Congress sits in Jan- are Directorates in the Byrd amend- They may not have the same associ- uary? ment. ates. They may not be located in the Let me repeat, the Immigration and The Secretary of the Department of same location. Their telephone num- Naturalization Service, the Customs Homeland Defense, the new Depart- bers may be changed. Their missions Service, the Coast Guard, other exist- ment—which will be established by this may be changed. Their assignments ing agencies that provide security to law, if it becomes law—the Secretary may be changed. Their objectives, our country and to us—all of these sends up his policies, his recommenda- overall, may be changed. We have seen agencies currently exist. The agencies tions as to what agencies shall go into the objectives of the FBI, for example, have been working around the clock this new Directorate. That is on Feb- change since the . since the terrorist attacks last year. ruary 3. Mr. DAYTON. Madam President, will They were on the borders. They were The recommendations of the Sec- the Senator yield for a question? patrolling U.S. waterways. retary will be sent to the committee in Mr. BYRD. Just in a moment, if I Whether or not we create a new De- the Senate and the committee in the may, and then I will yield. partment of Homeland Security in Sep- House that have jurisdiction over this They are undergoing all of these tember, whether or not we create a De- subject matter. Mr. LIEBERMAN’s com- changes. This will all be done within a partment of Homeland Security in Oc- mittee and Mr. THOMPSON’s committee, period of 13 months following the sign- tober, whether or not we create a De- their committee will still be in the ing by the President of the act. Thir- partment of Homeland Security in No- mix. Their committee will still be teen months after that act becomes vember, whether or not we create a De- front and center. law, all this will be completed. My partment of Homeland Security in De- Under my amendment, we are not amendment does not change that cal- cember, these same agencies will con- going to say: OK, Mr. President, here it endar date as to when this massive tinue to protect our homeland. is. Have a good time. Good luck to you. transaction will be completed. Now, back to my amendment, and Enjoy what you are doing. We are just My amendment provides that at the then, shortly, I will yield to the Sen- going to move off to the side. end of the 13 months this is envisioned ator for a question. Our committee is going to say: All as to be done the same way, the same What is the difference between the right, we have a department. We are thing—not the same way, but the same bill, then, and my amendment? I have going to create this first directorate. time period over all. Thirteen months already said as to the superstructure, We are going to have this new Sec- occurs with respect to the Lieberman as to the overall time period of 13 retary of Homeland Defense send up his bill and with respect to my amend- months, we are in lockstep, we are in policy recommendations to the House ment, if my amendment is adopted— lockstep with Mr. LIEBERMAN and his and Senate. They will be referred to the same time period, 13 months. committee. the committees of jurisdiction, Mr. So what is the difference? Under the Now, here is the difference. Here LIEBERMAN’s committee in the Senate, bill, the committee bill, once the Sen- comes the difference: Remember, this and his counterpart committee in the ate passes whatever it passes, and that is all to be done within 13 months. House. And those committees will take is sent to conference, and it comes Under the Lieberman committee pro- these policy recommendations that back, and it is signed into law, Con- posal, once this bill that is before the have been sent up by the Secretary of gress is out of it except with respect to Senate—once whatever the Senate the Department of Homeland Security, the appropriations that will go forward passes, and it is concurred in by both and they will treat those as rec- to the agency, to the new Department. Houses—whatever package is sent to ommendations for a bill. When the Senate passes this bill and the President, and he signs it, these They will look over those policies. sends it to conference, for all purposes things are going to take place. They will debate them in the com- of amending that process in the Sen- We are going to do it in the same pe- mittee. They will report, ultimately, a ate, it is over. When it goes to con- riod of time, but under the Byrd bill which accepts the policies or which ference, whatever comes back from the amendment, all of this chaotic hap- amends those policies. conference between the two Houses— pening is not going to occur at once. There will be, in my concept, an ex- the Republican-controlled House and We are not going to pass the bill and pedited procedure where that bill does the Democratic-controlled Senate— send it to the President and say: Now, not just go through the committee and whatever comes back from that con- Mr. President, it’s all yours. We’re lie there. But within 120 days after the ference is it. going to step off to the sideline. Con- policies have been sent to the Congress We have one more—one more— gress is not going to have any more by the Secretary, the Secretary then, chance, and that is in voting up or part in it. We have passed the bill. It 120 days later, or on June 3, would be down on that conference report. When sets up the new Department by legisla- required to send up his recommenda- that conference report comes back to tion. It deals with 22 or 28 or 30—that tions for fleshing out the next two di- the Senate, it may not even look like many—agencies and offices. So here it rectorates which are named in Mr. the bill that passed the Senate. Ha, ha, is. Here is the bill. Here is our bill. It’s LIEBERMAN’s bill also. ha. Now, Senators, you may have an yours. Under the Lieberman approach, The second proposal, there will be entirely different breed of legislation it’s yours. You have 13 months to do it the Directorate of Intelligence and the on this bill when it comes back. It is in. Have at it. Good luck. Good luck, Directorate of Critical Infrastructure there. You can vote it up or down. But, Mr. President. Here’s the package. It’s Protection. Those directorates are Senators, you will not be able to offer all yours. named in the Lieberman bill. any amendments to that conference re- Can Senators imagine the chaos that But we say, now, the first directorate port. You can vote it down, you can will occur in trying to do all of this in that we will deal with will be the direc- vote it up, but you cannot change it. a way that is other than systematic torate of Border and Transportation It may be virtually an entirely new and orderly? Protection. All of these directorates proposition. Who knows what the con- My amendment provides an orderly are the same directorates as are pro- ferees will agree to. Senators, you are process whereby on February 3—if the vided for in the Lieberman bill. But we having your last chance here when we amendment is included in the act—on are saying that the first directorate to vote, eventually, on this bill, if we do. February 3, the Secretary of the new be decided upon and to be fleshed out So why, why, why should Senators Department would send up his rec- will be the Directorate of Border just roll over and play dead, as it were; ommendations as to what agencies, Transportation and Protection. perhaps come to the floor, make a what functions, what assignments, and That is February 3. So there is 120 short speech—of 10 minutes, 15 min- so on, would need to be carried out to days for action to be taken in moving utes—in support of the bill, or a short complete the flushing out of this skel- those agencies that are involved in the

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.042 S13PT1 S8598 CONGRESSIONAL RECORD — SENATE September 13, 2002 Directorate of Border and Transpor- Mr. LIEBERMAN creates. We have cre- the Senator has remembered for all tation Protection into the Department. ated six of the seven directorates that these years. It was something to the ef- One hundred twenty days later, June 3, Mr. LIEBERMAN’s bill creates, and we fect that reorganizations are just an- the Secretary will send up his rec- have set up the superstructure. We other way of delaying and confusing ommendations for the Directorate of have appointed the same number of di- matters. Intelligence and for the Directorate of rectors, the same number of Secre- I wonder if the Senator can share Critical Infrastructure Protection; 120 taries, the same number of under secre- some of that experience gained and the days later, or October 1, the Secretary taries, the same number of assistant insight into other organizations or re- would send up his recommendations. secretaries—all of it. organizations of Federal agencies, and And in each of these three phases, Mr. We take Mr. LIEBERMAN’s proposal, how that might have suggested some of LIEBERMAN’s committee would take the but we say we won’t just turn it over to the oversight that the Senator has in recommendations of the Secretary. the administration the day after it is his amendment. And in each, the Lieberman committee passed. We will go off fishing, if it is Mr. BYRD. Mr. President, I thank will report to the Senate a bill con- summertime, or perhaps we can go play the very dedicated, patriotic, able, and taining the recommendations of the golf. We will just quit. That is the re- distinguished Senator for the diligence Secretary. They may have been amend- sponsibility of the administration, his with which he pursues his responsibil- ed in the committee. They may have bill says. ities as a U.S. Senator. I appreciate been modified somewhat. But Mr. Mine says, oh, no. No. That is the re- very much what he has said with ref- LIEBERMAN’s committee would then re- sponsibility of Congress and the admin- erence to me. Those remarks are very port that and so would the House com- istration—Congress working with the flattering. They might, if left alone, mittee report that bill to their respec- administration; the administration appear to be more than exactly the tive houses, and then the respective working with Congress in an orderly fact. I don’t have a lot of experience, houses would take up the bill under ex- process. The people in 28 agencies but I have seen some departments cre- pedited procedures, as I conceive it, ex- won’t have to be moving their desks all ated during my tenure. I remember the pedited procedures. So there could be at once. It will be some now; 4 months new Department of Health, Education no filibuster. later, some more; 4 months later, the and Welfare, I believe it was called. I That committee can be discharged rest. remember I was here and voted for that from the bill. If the committee cannot What’s wrong with that? That pro- Department; the new Department of report the bill, the committee will be vides an orderly process. Madam Presi- Energy, I voted for that; the new De- discharged, and it will come to the full dent, I think at this point I have ex- partment of Education, I voted for body, in the House or in the Senate, plained enough of what my amendment that; the new Department of Veterans whichever is having a problem. does to yield to the distinguished Sen- Affairs, I voted for that. So we have three phases, each phase ator from Minnesota for a question. We Now, as to reorganizations, I can of 4 months. The first phase will take a will have plenty of opportunity later to take a look at recent experience as to look at that, the committee does, the explain what my amendment does. I reorganizations. The administration, Senate does. There you go, you have a want people to go home this weekend since the September 11 attacks, has an- directorate in being, one directorate, to know what my amendment does. nounced at least 3 major governmental the agencies, the number of people that That is it in a nutshell. reorganizations prior to the President’s will be moved into that particular di- I don’t claim to be a medicine man. I proposal to create a new Homeland Se- rectorate, that will be going forward. don’t claim to be a magician. I don’t curity Department. When it comes time, on June 3, for us say watch what is in my right hand and Last December, in response to nu- to take a look at the policies, at the don’t watch what the left hand is merous media reports criticizing the recommendations sent by the Sec- doing. It is there. This is it. Nation’s porous borders, the adminis- retary ensuring the next two direc- Yesterday, included in the CONGRES- tration proposed the consolidation of torates, we will have the advantage of SIONAL RECORD was a brief statement the Customs Service and the Immigra- seeing the mistakes, seeing the errors, explaining the amendment. I also tried tion and Naturalization Service within seeing the faults, seeing the short- to explain it on the floor today. I have the Justice Department. Last March, comings of the way these agencies were been up all night and the night before following the mailing of two student moved into the first directorate. So we with my wife in the hospital. I sat visas by the INS to two of the Sep- profit by staying in the mix. Congress right in her room all night, watching tember 11 hijackers 6 months after profits, and the people represented by her and reading my Constitution again. they crashed planes into the World the Congress profit. It is a little hard to make things quite Trade Center Towers, the administra- Perhaps I should not use the word come together as one would like when tion announced that the INS, the Im- ‘‘profit.’’ They ‘‘benefit’’ from the ex- one has lost sleep. I merely mention migration and Naturalization Service, perience in fleshing out that first di- that so that everybody will know that would be reorganized—split into a serv- rectorate. Then comes along the second I have tried to explain the purpose of ices bureau and a separate enforcement and third directorates, every 4 months, my amendment, but not under the best bureau. and the same thing happens. And then conditions. Last May, following the reports the fourth and fifth directorates come I yield now to the distinguished Sen- about intelligence failures by the FBI, along 4 months later, and the same ator from Minnesota for a question the administration announced a reor- thing obtains. The recommendations only, retaining my right to the floor. ganization of the FBI. These reorga- go to the two committees. They are re- The PRESIDING OFFICER (Mr. BAU- nizations have either produced very lit- ported out under expedited procedures. CUS). The Senator from Minnesota is tle, or they have been replaced by sub- Each House would be required to go to recognized. sequent additional reorganization pro- the measure under expedited proce- Mr. DAYTON. Mr. President, I thank posals. It is as if we are spinning dures, and it is passed. the Senator from West Virginia, whose around in circles, with little left to Congress stays in the mix. Why Con- explanation has been very clear—last show for all of the energy that we have gress? Because Congress is made up of night and also today. I trust the Sen- expended, little left but dizziness. To the elected, directly elected, not sent ator’s amendment comes from wisdom avoid a similar fate of this new depart- here by any electoral college but di- gained from many years of watching ment, which I support—I am not op- rectly elected by the people of Arkan- executive branch organizations, new posed to creating a new Department of sas or the people of Minnesota or West departments brought together, and, of Homeland Security. As a matter of Virginia. So Congress stays in the mix. course, the Senator has the sweep of fact, I urged that months ago. It is phased. There is an orderly proc- history both in this institution, and The story behind that, which I re- ess of doing what Mr. LIEBERMAN wants also I recall hearing the Senator last counted more than once, about the ef- to do and over the same time period. week quote a Roman, and I must con- forts of Senator STEVENS and myself to So we come out at the end, 13 months; fess a week later, whose name and have Tom Ridge, the Director of Home- we have created this Department that statement I have forgotten, but which land Security, which was created by

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.044 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8599 Presidential Executive order—not by Why can’t he come to Jenkins Hill, Does anyone think we are going to statute—come up and testify before the on which this great architectural get all the terrorists ever? No. We have Senate Appropriations Committee on structure has been for 200 years or not even gotten Bin Laden yet. We do the budget, on the homeland security thereabouts? Why can’t he come here not know where he is. He may be alive; agency’s budget, he would not come. I and answer questions by the people’s he may not be alive. But whether he is have gone through that ad nauseam, elected representatives in the Con- alive or not, his agents are spread, we time and time again. I may go through gress? After all, it is the people’s hear, in 60 countries or more. This is it again. money. He is being paid out of the something big, and it affects our lives, Right now, it is sufficient to say that pockets of the American people, this it affects our work in the Senate. we had an unfortunate experience Mr. Ridge is. Pennies do not fall from Why shouldn’t the person who is the there. So I suggested that we have the heaven. He is being paid by the tax- top man in the United States with ref- Homeland Security Director be a per- payers, and the President is being paid erence to homeland security appear be- son appointed by the President, and by the taxpayers. Who pays him? fore a Senate committee, the Appro- with the consent of the Senate, requir- He says this man cannot come up, priations Committee? We are not seek- ing Senate confirmation of that posi- this man does not have to go up to Con- ing to put him on the spot or to embar- tion, that officer. I recommended that, gress. That is the President talking. rass the President by some question, and we could not get him to come by Who pays him? The people. The people. such as: Tell me about your private invitation, the President having put Who pays us? The people. So the people conversations with your President. We his foot down hard and in concrete, are entitled to know a little about this, are not going to do that. being immovable, claiming that ‘‘this about how their moneys are being The Senate Appropriations Com- is my staff person, this is my adviser. spent. mittee has been in business for 135 That is why we have public hearings He is not required to go up there.’’ years. This committee was established in the Appropriations Committee and Well, with all of the responsibilities in 1867. Think of that. Two years after by the subcommittees of the Appro- and the authorities that were being as- priations Committee. The hearings are the Civil War ended—1867. Fifty per- sumed or carried out by the new Home- in public. The hearings are open. There cent, or more—a very high percent- land Security Director, Mr. Ridge—he can be a huge audience out there in age—a great majority of some of our was going all over the country speak- some of those massive, handsome students in the polls do not know when ing to chambers of commerce, explain- rooms over in the Senate office build- the Civil War ended; they do not know ing his work and the things we were ings. People can hear. They can see on that it even occurred in this country. doing and the things we needed to do to . They can hear over the But we know that in 1867 this Appro- secure our homeland—he would appear radio. They can hear their people, their priations Committee in the Senate was anywhere, anytime, apparently, be- representatives, and they can hear the established. Before that, the Finance cause I read of many of his appearances President’s man, all of us being paid by Committee in the Senate, which had around the country. the people, some of us being elected by been established in 1816, did the appro- Each time I read about his being the people. priations work, as well as raising here, there, or out in Montana, or But some of those who testify are not taxes, and so on. In 1867, the Finance wherever, I thought: Why can’t he elected by the people. Tom Ridge is not Committee did that work no longer. come up before the people’s branch and elected by the people; he has not been Seven Members of the Senate were ap- tell the people’s representatives what elected by the people, except to run as pointed to this new Appropriations he wants, what he needs, what this Governor of Pennsylvania and run for Committee. I believe it was seven country needs, what the people need membership in the other body, which Members. In any event, the Appropria- for their security and safety? Why he has done. He has been Governor of tions Committee has been doing busi- doesn’t he come before the elected rep- Pennsylvania. He has been a Member of ness ever since. resentatives of the people? Oh, yes, he the other body of the Congress. So he is The way we have done business is the is an adviser to the President, but the a man who knows a great deal about right way. We get testimony; we get President has lots of them. He is on the the subject matter, and he has thrown people to appear before the subcommit- staff of the President, yes. But this himself into his work. He is the expert. tees. There are 13 subcommittees of the man is carrying a much larger bag of He knows the answers to a lot of these Senate Appropriations Committee, and responsibilities than the ordinary staff questions. He is a very intelligent man, every one of those subcommittees has person, the ordinary adviser to the a very articulate person. He is the per- subpoena power in that Appropriations President. son in charge. Committee. That committee has sub- I know the President has to have ad- Why shouldn’t the Congress hear poena power—the Appropriations Com- visers to whom he can talk. They do him? They said: We will be happy to mittee. No wonder everyone wants on not need to come before Congress. I send him up for briefings. He can meet the Appropriations Committee. told the administration: Look, we are with Senators and House Members and That Appropriations Committee not going to ask Mr. Ridge, your have little briefings, and we can tell deals with the public purse, and by vir- Homeland Security Director, who was you all about it. That is not the point. tue of this Constitution, the power of appointed pursuant to a Presidential His portfolio is much greater than the the purse is vested in the legislative order—we are not going to ask him portfolio of an average staff person of branch. Article I, section 9, of this Con- about his private conversations with the President or an ‘‘adviser’’ to the stitution, which I hold in my hand, the President. We are not interested. President. vests the power of the purse in this We want to ask this man, who is the He is dealing with a subject that is body. So the right way to do it is to point man for the administration on virtually brand new to the American have public hearings. homeland security—he is the person people. Last September 11 brought to The people need to know what ques- who is running around telling every- the view of the American people some- tions are asked. The people need to body what it is. He is the man running thing we had not seen before, some- know what answers are being given. around all over the country spilling his thing we had not experienced before, It is out there. Everybody can see it. beans to this agency, that agency, and opened to all of us a new kind of Everybody can hear it. There is a whatever agency, whatever committee world, and the world is changed for- record of it. or whatever group of people, fraternal ever. Our country in some ways is Then when the appropriations bill is order or civic order, whatever it might changed forever. Every person in this put together, the testimony of these be—he is the man running all over the country—man, woman, boy, or girl— witnesses is read again. There are hear- country talking to the people every- their life is changed forever. It is not ings printed. Hearings will be available where and going up to Canada. He is going to be a short time. The President to members of the Appropriations Com- the man who has gone down to Mexico himself has said this war—they call it mittee of what was said during the tes- and talked about various and sundry a war; it is a different kind of war—this timony by Mr. Ridge, if he had come subjects pertaining to border controls, war is going to last a long time. It is before the committee. And when the surely, and so on. going to take us a long time. bill is taken up on the floor, there are

VerDate Sep 04 2002 00:01 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.047 S13PT1 S8600 CONGRESSIONAL RECORD — SENATE September 13, 2002 the printed hearings. They are avail- I say to the distinguished senior Sen- of Aphrodite. All of that happened. And able. There is a committee report—aha, ator from Montana who presides today, the same way with this egg that a committee report on that bill—for that bill passed the Senate by a vote of hatched, it just sprang into being all of the benefit of the Senators who are to 71 to 22, and went to conference. a sudden and here it was, this massive vote on the bill. Oh, wait a minute. The administra- proposal by the President. He unveiled That committee report is important. tion suddenly sees on the horizon, here it, and they were quite successful in It is really laughable that the adminis- comes this bill, here comes this provi- taking the people’s eyes away from tration would propose that they would sion. Oh, Mr. Director, Mr. Tom Ridge, some of the other things that were de- be willing to send up this man, who is you know the Senate has—here it is manding attention in the newspapers the know-all, as far as anyone can right here, this appropriations bill. of the time. They took those things off know, about homeland security and They are going to make you come up the front page. what is being done by our Government, there. They are going to make you Here was a new Department. Since or what we hope to do—So the Amer- come up there. then, the President and all the people ican people need to know that. The Mr. President, look at this bill here. in his administration, the King’s men committee needs to know that. But he The Senate is going to make this man and women, have been out there say- is going to come up in a private brief- come before the Senate of the United ing: Pass this bill, pass this bill, which ing? That is the administration’s pro- States in the Appropriations Com- was hatched by four individuals. Let posal: No, we will not let him come up mittee. The President will not be able me see if I can remember their names. there and get before that committee. to say, well, he is an adviser of mine; Mr. Ridge was one. Mr. Mitch Daniels No, no, no. He is the President’s man. he cannot come. The President will not was another. He is the Director of the We are not going to let him come up. be able to put his feet in concrete and Office of Management and Budget. Mr. You do not call Condoleezza Rice. He is say, this man is on my staff and my Gonzalez, I believe he is the President’s counsel, and Mr. Card, I believe. I hope in the same position. staff people do not have to come. No, he is not. You cannot equate the Mr. President, it is in this bill. I do I am right. I am. Someone nodded in one with the other in this respect. not care what you say. You can veto the affirmative to me and so I am. So the committee is going to write a the bill, if you want to. Do you want to There it was in the newspapers. Those report. How important is a committee veto that appropriations bill? Do you four gentlemen, very reputable per- report? Suppose there is a court case at want to veto that appropriations bill sons, people of high caliber and un- some point with respect to a provision because it has that provision? Then blemished reputations, as far as I in a bill. One of the things the court you will have to explain to the Amer- know, and this was their idea. Now compare that group of four, would need to know is what was said in ican people why you will not let this the committee. In order to get the in- working in the shadows, the dim light. man go before the Appropriations Com- tention of the legislators, in order for The lights may have gone out, but I ex- mittee of the Senate and answer ques- the court to interpret the intention of pect there might have been candles tions of interest to the American peo- the legislators with respect to that there, or perhaps oil lamps. I can just ple, questions dealing with their particular bill or that particular provi- see the shadows, the figures of the money, the money they pay in taxes to sion, the court may want to resort to a shadows moving back and forth in pay your salary, Mr. President, and to committee report. That has happened those caverns, on the walls of those pay your salary, Mr. Ridge. before in this country. caverns, as the men remonstrated, and What committee report is going to be Oh, you cannot hide behind that desk said this: We ought to have this, we around where we have a shadow gov- any longer. That part of the shadow ought to have that. Whatever they say. ernment, as it were, with the adminis- government just will not work any Anyhow, that was hatched down there. tration officials coming up to the Sen- longer because this legislation is going Now that was a different committee. ate and talking in private, behind to require you to have that man of Four individuals, from the committee closed doors? Oh, the doors can be yours come up there. that wrote the Declaration of Inde- open, that is all right, but there is no And you know what happened? Then pendence. By the way, I carry that record. The people out there do not see down in the subterranean caverns, in Declaration of Independence right here what is going on. What kind of govern- the ill-lighted recesses of the bowels of in my shirt pocket. Who was on the ment is that? the White House, four solemn individ- committee that wrote that Declaration This is an open government—it is uals met one day and there was of Independence? Thomas Jefferson, supposed to be—with respect to its ap- hatched the egg to provide the home- John Adams, Benjamin Franklin, propriations, with respect to our bills. land security proposal. There was the Roger Sherman, and Livingston. So How utterly foolish the administration egg. I do not care how warm the egg is, there were five. My, my, look at those was to take that utterly foolish posi- it still takes it 3 weeks to hatch. Try it giants, five giants who wrote the Dec- tion in refusing to allow Tom Ridge to sometime—3 weeks. But it did not take laration of Independence. Had they come before the Appropriations Com- 3 weeks for that egg to hatch, not in been arrested by the British for trea- mittee of the Congress. That was ut- that White House. son, they could have been sent to Eng- terly foolish. It poisoned the well. The administration wanted to get land and they could have been hanged. The result was a provision which out front on this provision that was in And so could the others who signed Senator STEVENS and I wrote into an the appropriations bill, written in that Declaration of Independence. The appropriations bill providing that the there by Senators BYRD and STEVENS signers are all listed in this little book Director of Homeland Security would and supported by every member of that I hold in my hand. indeed require confirmation by the Appropriations Committee and not They were doing things that chal- Senate of the United States, and that questioned by any Member of the Sen- lenged. They were doing things for appropriations bill came before the ate. which they were willing to give their Senate not too long ago. Not one finger It is on its way to conference, Mr. lives. They would have given their was raised against it. Not one Senator President. I tell you, we have to act lives, had they been tried for treason. rose to strike that language from the quickly, and the President did act Those men committed treason against bill. quickly. They came out and unveiled the government under which they then It was in the bill. Everybody knew it. this great proposal that came to life lived. The far reaches of the Par- The staff of every Senator saw it. They like Minerva who sprang full grown liament’s hand, the King’s hand, from knew it, or they should have known it. and fully armed from the forehand of Great Britain, from England, could Not one effort was made to remove it. Jove. That is how it came about. have snatched them, taken their for- That overall appropriations bill passed Then there was Aphrodite who sprang tunes, taken them to England, tried the Senate, including that provision, from the ocean foam and was carried them, taken their lives. So they by a vote of 71 to 22—quite a secure by a seashell or a leaf to a nearby is- pledged their lives, their fortunes, majority, 71 to 22. I will try to remem- land and then went on to Mount Olym- their sacred vows. ber that. That bill was passed, includ- pus and appeared before the gods, and How about those four in the White ing that provision. the gods were overcome by the beauty House? Were they pledging their lives

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.050 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8601 and fortune? Quite a different com- Mr. JEFFORDS. Additionally, Con- Mr. BYRD. How about that. mittee, I must say. gress made significant changes in the Mr. JEFFORDS. Amazing. Anyhow, with all respect to the four Department of Defense in 1949. Thus, As I have said many times, I under- men who are public servants, and who the thoughtful and deliberate process stand, in the wake of the horrific are doing their best, as they see it, for to create an effective Department of events of September 11, we would look their President—quite a different mat- Defense did not happen in a summer, a for ways to strengthen our Nation’s de- ter. year, or even one session of Congress. fense to prevent any further catas- Mr. JEFFORDS. Will the Senator Mr. BYRD. How about that. Right. trophe. I fully support that goal, but yield for a question? Mr. JEFFORDS. It took 5 years and we must be cautious, to make sure that Mr. BYRD. Yes, I yield to the distin- was founded upon discussion, debate, we work to correct what went wrong guished Senator for a question, retain- and compromise. and not interfere with what went right. ing my right to the floor. Mr. BYRD. Say that again. We know what went wrong, and I Mr. JEFFORDS. I have listened care- Mr. JEFFORDS. It was founded upon firmly hope we, as a nation, will de- fully to your dissertation of the past discussion, debate, and compromise. velop a comprehensive plan to address and the responsibilities that all of us Let me be clear that I am not advo- the shortcomings of our intelligence have to make sure we uphold the Con- cating we take 5 years to debate the gathering and communication efforts stitution. And I also recognize that proposal before us, only that we ought which, to me, were the core of the what the administration was doing in to be thoughtful and deliberative. This problem. this regard, and agree with the Senator current reorganization will affect the Mr. BYRD. Right on. Right on. that what happened at that time, was lives of every American for years to Let me hear that said again. I want most unfortunate. come. Unfortunately, the current ad- to be sure I remember that. Is the Senator aware the administra- ministration has made it clear it will Mr. JEFFORDS. We know what went tion has compared the creation of the veto any legislation that is not almost wrong, and I firmly hope that we, as a Department of Homeland Security to identical to its proposal. nation, will develop comprehensive the reorganization of the Government Mr. BYRD. Say that again, please. plans to address the shortcomings in set forth by the passage of the National Mr. JEFFORDS. It is clear it will our intelligence gathering and commu- Security Act of 1947? veto any legislation that is not almost nication efforts. Mr. BYRD. Yes, allusions to that act, Because of the similarity of the Sep- the National Security Act, which was identical to its proposal. Recently, President George Bush, tember 11 attacks and the attack on created in 1947 after a period of at least speaking about this legislation, said: Pearl Harbor, over 60 years ago—which 3 or 4 years. This Senator is aware of I am just barely old enough to remem- the allusions that have been made to The Senate had better get it right. I agree with the President that we do ber, being 5 at that time, but I remem- that act and the references that have ber that day to this moment—we been equated, the reorganization of the have a solemn responsibility to con- sider, debate, amend, and strengthen should remember the finding of the Government under the Bush Adminis- Joint Congressional Committee that tration and how it is compared. this legislation. I am sure the Presi- dent understands that the Senate’s de- investigated Pearl Harbor, that: Mr. JEFFORDS. I have done some re- . . . the security of the nation can be ensured search on the creation of the Depart- liberate consideration of this bill is an integral part of the process of ‘‘getting only through . . . centralization of responsi- ment of Defense that I would like to bility in those charged with handling intel- share with my friend. I found the re- it right.’’ ligence. As the President’s father said, a time search helpful in putting the current That, to me, is the key that we have of historic change is no time for reck- debate in context. to look at for a resolution of this prob- lessness. First, I agree this proposal is similar lem. in scope to the 1947 debate, but there Mr. BYRD. Right again. What was I hope we will learn a lesson after the are also some notable differences be- that? tragic events that occurred on Sep- tween the 1947 debate and today’s dia- Mr. JEFFORDS. A time of historic tember 11. Correcting intelligence fail- log. change is no time for recklessness. ures must be the hallmark of any new Mr. BYRD. I would like to hear Mr. BYRD. Yes. Department of Homeland Security. those. Mr. JEFFORDS. As my friend from I thank my colleague for yielding, Mr. JEFFORDS. The Bush adminis- West Virginia knows, when Congress and I look forward to continuing this tration proposal and the Lieberman created the Department of Defense, the debate and considering this important substitute we are debating represent a affected agencies had input into the legislation. dramatic reorganization of the Federal process. In closing, I hope we will take our Government. The most obvious dif- Here is another significant difference time in creating this new Department ference between the process in the 1940s between the development of the De- and that we will protect the role of the and this summer is time. The creation partment of Defense and the current legislative branch throughout this of the Department of Defense was a debate over homeland security. process. I commend Senator collaborative process between the exec- In the 1940s, the executive branch LIEBERMAN for leading debate on this utive branch and Congress, measured agencies affected by the proposed reor- important topic, but I also thank my not in days and weeks but years. ganization were participants in the friend from Virginia. In the 200-year Proposals for combining the military process. The Army, the Navy, and the history of this body, there has never services were first considered in Con- Joint Chiefs of Staff proposed specific been a more vigilant defender—— gress in 1944. President Harry Truman plans for reorganizations as early as Mr. BYRD. Would the Senator mind became keenly involved in the effort 1945. And the Army and Navy were con- repeating that and addressing his re- and sent a message to Congress at the sulted prior to the President submit- marks to the Senator from West Vir- end of 1945 proposing the creation of ting draft legislation in 1947, 2 years ginia and the Senator—— the Department of National Defense. later. This cooperative approach in de- Mr. JEFFORDS. Yes, right. I also Congressional hearings were held on veloping a workable new Department thank my friend, the Senator from the matter throughout the following contrasts starkly with the way the ad- West Virginia, Mr. BYRD. In the 200- year. In 1947, the President sent legis- ministration developed homeland secu- year history of this body, there has lation to Congress that, after addi- rity draft legislation. never been a more vigilant defender of tional hearings and congressional A small group of advisers, which the the legislative branch than the Senator input, was finally passed and signed Senator has explained well, working in from West Virginia. into law in July of 1947. secret in the White House, developed Mr. BYRD. Mr. President, I thank Mr. BYRD. The Senator is certainly the present Bush proposal. Members of the distinguished Senator. I didn’t laying down a very impressive premise Congress and the Secretaries of the af- want him to repeat what he said for for the question which he will ulti- fected Cabinet agencies were report- that part. But I wanted him just—— mately ask. Please go ahead. The Sen- edly not even informed about the pro- Mr. JEFFORDS. I wanted to repeat it ate needs to hear this. posal. for that part.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.052 S13PT1 S8602 CONGRESSIONAL RECORD — SENATE September 13, 2002 Mr. BYRD. I thank the Senator. He said with respect to the creation of the had the input of the heads of the mili- referred to this Senator as the Senator department of defense. I am grateful tary branches and their advice. Mr. from Virginia. That was inadvertent and the American people can be grate- Truman took time. It wasn’t enacted and it was pretty much out of levity, in ful to the Senator for what he has said, during the heat of battle. The thought a way, that I wanted him to get the what he has contributed here today in was there. The suggestion was there. States right and recognize me as a Sen- just the few minutes he held the floor Committees held hearings, and build- ator from West Virginia, which he and he zeroed right in on one of the ings were proposed during that time. knows. People do have that slip of the things that I eventually wanted to get But it was after the war that the De- tongue. It happens many times. to, and there are others. partment of Defense was created. It But what the Senator said—putting I am not going to say anything fur- wasn’t all done in a hurry. There was that entirely aside—is what I have ther now, if the Senator wants to ask a need to do something along those lines. been saying. We need to take the time further question. Many Members of Congress introduced and not act in haste. That is what we Mr. JEFFORDS. No. I am very legislation to carry out the results, to are being pushed to do, and the press, pleased to have been able to have this create and reorganize the Government the media has not paid enough atten- time with the Senator, and I look for- in that respect. The military people tion, in my judgment, overall, to this ward to working with him. who were directly involved and had bill and to the Lieberman substitute. Mr. BYRD. I thank the Senator. I am input put. Somebody hasn’t been listening. delighted. I am just delighted that he We may be in a situation here where My colleagues, I do not believe, have came to the floor and made this state- we can’t wait 4 years, or 3 years, or 2 been listening. That is why I said slow ment. I am delighted that he believes years, as was the case there. But there down a little bit here. we should take our time. Not an exor- is a direct parallel. They took their I am grateful to the divine hand that bitant amount of time, not an inordi- time. In taking their time, it didn’t brought these Senators to the floor. At nate amount of time, but take time, mean they were just dragging their least this Senator from West Virginia the necessary time to scrutinize this feet. They took time. During the time is getting a little attention. It is not proposal and act. It is not so important that was passing, they talked about that I want attention, but this Senator that we act quickly; it is important this; they got the advice of the mili- from West Virginia is getting a little that we do it right. That is all I have tary. They were preparing all along attention as to what he is saying, why been saying. Let’s do this right. their action—but do it right; not do it this stubborn guy from West Virginia— Mr. DAYTON. Will the Senator yield quickly but do it right. I will call him a guy—this stubborn up- for a question? The same is true here in many re- start from West Virginia is trying to Mr. BYRD. I again thank the Senator spects. The point is that we must not stop the train, trying to stop our from Vermont. do it quickly. We are being urged in the hurrying forth, acting in the least Mr. DAYTON. I think the Senator Senate: Get on with it, pass it. The amount of time, acting almost imme- from Vermont is very enlightening as President, with his backdrop as he goes diately to give to the President this to the timing of that crisis—also fol- around the country and appears before legislation creating a Department of lowing right in the aftermath of World the military organizations and others: Homeland Security. War II, certainly another time where Do it, do it, do it now. At last, at last, at last two of my col- this country faced a very grave threat, There was a little ad I used to hear leagues have asked questions today. I leading into the beginning of the Ko- on television not too many months am sure there will be other Senators rean war where the country again faced ago: Do it now; do it here. Do it now; who will do the same, now that I am another enormous threat. do it here. Well, that is what I am beginning to break through, get I wonder if the Senator can comment hearing: Do it now, do it now, do it through the ice, get through the veil on how that experience should be in- now, do it here, do it quickly. I am say- that this is a measure that is vitally structive to the Senator’s amendment. ing no, no. The object is, do it right— important to every individual in this It seems the Senator has foreseen the not do it by this weekend or not do it country today, every man, woman, kind of timetable of bringing back by next weekend, and not to do it in a boy, and girl. It goes beyond just cre- from these various directorates their hurry, do it right. ating a Department of Homeland Secu- preliminary plans that would lead to a This is a far-reaching measure. If this rity. far more insightful and, I think, con- act is passed as the administration That is what the distinguished Sen- structive reorganization than the one wants it passed, believe you me, it is ator said. He is talking about intel- that is contemplated by the proposal of going to affect the civil liberties of ligence. He is getting into the intel- the administration. Americans. That is what I am saying. ligence area of what is involved here. It Mr. BYRD. Mr. President, I think I Just hold on a minute. is much more involved than just cre- grasped the question that was asked. It In the bill by Mr. LIEBERMAN that ating a Department of Homeland Secu- was well put. I think I have a problem came out of his committee—I will refer rity. I am for that. I have been for it. with the Senator’s microphone and to that momentarily to just kind of jar But I am glad, I am grateful to the dis- where he is standing. Would he shorten the senses of Members of the Senate tinguished Senator for what he has his question? who have not been paying very much said here. He has capsuled this very Mr. DAYTON. The Senator from attention—many of them. They are large subject with respect to the Na- West Virginia has an amendment busy people. They have their atten- tional Security Act, how time passed, which would seem to embody the inten- tions drawn to other very important the steps that were taken, the pauses tion of what occurred post-World War matters all the time. There is just not that occurred, the scrutiny that was II, which was the sequential develop- enough time allotted to us as Senators given, and the fact that the heads of ment of a department of such critical to do our work right in every case. the military branches—the Navy and importance. I wonder if there is a par- There just isn’t enough time. the Army and others—their thoughts allel to be drawn there to instruct all I just want to read one provision were acquired, their recommendations of us that the approach being rec- from Mr. LIEBERMAN’s bill. It is on page were acquired, their advice was sought ommended by the learned Senator from 186 of the bill. It is title III that sets up as to the creation of this new depart- West Virginia is the one that is going a national strategy for combating ter- ment of defense. So they had input into to likely produce the much more bene- rorism and the homeland security re- it. ficial result to the country rather than sponse. It wasn’t done overnight. It didn’t the helter-skelter that would go for- Under title III of the committee bill, grow up like the prophet’s gourd, over- ward without the Senator’s direction. in section 301 designated ‘‘Strategy,’’ night. It took time and that was a wise Mr. BYRD. Absolutely. The Senator, under the first paragraph: move. by his question, has really answered The Secretary and the Director— I thank the Senator for going into his question. We saw that the country That means the Director of the De- that particular aspect of this in depth. took more time in the 1940s to create a partment of Homeland Security, and He has been thorough in what he has Department of Defense. It took time. It the Secretary of Homeland Security—

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.055 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8603 shall develop the National Strategy for Com- make on posse comitatus, or com- particularly for those portions of the Strat- bating Terrorism and Homeland Security Re- itatus, at some point, hopefully, or egy addressing intelligence, military assets, sponse— likely, if we continue. law enforcement, and diplomacy. They shall do this. I will read it— But forgetting the statute for a mo- And among the ‘‘Contents’’: ‘‘The for detection, prevention, protection, re- ment, listen to this. The Secretary and contents of the Strategy shall in- sponse and recovery to counterterrorism the Director are going to draw up a clude’’—(1), (2), (3,) and now (4)—there threats, including threats, vulnerability and strategy for dealing with this home- are nine items to be included in ‘‘The risk assessment and analysis, and the plans, land security. And what is part of contents of the Strategy.’’ The fourth policies, training exercises, evaluation, and something that this bill is requiring one is this: interagency cooperation addresses each such that they include in their plans, and action relating to such threats. plans for integrating the capabilities and Responsibilities Of The Secretary. that they have the authority to de- assets of the United States military into all The Secretary shall have responsibility for velop and include in its strategy? Let aspects of the Strategy. . . . portions of the Strategy— me read that again. It says: Now, what are we going to have? A Strategy with a capital S— The contents of the Strategy shall in- police state? Are we going to have the clude— addressing border security, critical infra- Army and the Navy, the Marines—are structure protection, emergency preparation And we jump down to (4): they going to get involved? I don’t and response, and integrating State and plans for integrating— think anybody wants to do that. I don’t local efforts with activities of the Federal What does that mean? think anybody is thinking of that. Government. integrating the capabilities— But look at this language, what it Next paragraph: My, ‘‘the capabilities.’’ What are says. We have to contemplate the unin- Responsibilities Of The Director. they talking about, ‘‘capabilities’’? tended consequences of what we do The Director shall have overall responsi- . . . include . . . integrating the capabilities here. Even at best, if we have both eyes bility for development of the Strategy— and assets— and both ears, and the full attention Again, with a capital S— What does that mean, ‘‘assets’’? and focus of our collective brains, and and particularly for those portions of the of the United States military into all aspects we pass an item, we give it careful at- Strategy addressing intelligence, military of the Strategy. tention, there may still be unintended, assets, law enforcement and diplomacy. Now, what do we have here? What are unforeseen consequences that will flow Next paragraph: we dragging into this legislation? Why, from that act that we passed. Contents. that should cause every Senator in this How much more so might that hap- The contents of the Strategy— body to raise an eyebrow. What are we pen if we pass an act in a hurry and Strategy with a capital S— talking about here? What are we voting don’t apply the full focus of our fac- shall include— for? I will have more to say on this. ulties in addressing that legislative matter? The question answers itself. Get that: The contents of the Strat- I believe that at last I am getting a Finally, let me just read, once more, egy which will be developed by the Sec- little attention to what I say about item No. (4) in ‘‘The contents of the retary of the Department and the Di- this homeland security. Strategy’’: rector— Let me read that again so it will be in the RECORD for the weekend, and (4) plans for integrating— shall include: (1) a comprehensive statement of mission, Senators can think about it a little bit. ‘‘Integrating,’’ what does that mean? goals, objectives, desired end-state priorities And the media may have had their at- integrating the capabilities and assets of the and responsibilities; tention called to something here that United States military. . . . (2) policies and procedures to maximize the is in this bill. Let me tell you some- We all know what that means when collection, translation, analysis, exploi- thing. I expect Senators would open we talk about the military and the ca- tation, and dissemination of information re- their eyes even more as to what is in pabilities of the U.S. military— lating to combating terrorism and the home- the administration’s plan and what is land security response throughout the Fed- plans for integrating the capabilities and as- in the House bill. But just in the sets of the United States military into all— eral Government and with State and local Lieberman bill, which, as I say, is an authorities; improvement over these other ap- Not just a few, all— (3) plans for countering chemical, biologi- aspects of the Strategy. cal radiological, nuclear and explosives and proaches by the administration and the cyber threats. House, the House of Representatives— Well, I just wanted to read into the RECORD that excerpt from the com- Now get this. Paragraph 4 is one of let me read that again: mittee bill. the items that will make up the con- ‘‘The contents of the Strategy’’—this Now, perhaps by the fact that these tents of the Strategy with a capital S— is in title III—‘‘The contents of the two distinguished Senators asked me strategy that is developed by the Sec- Strategy shall’’ be developed by the Di- questions today about it—a relative of retary of the Department of Homeland rector of Homeland Security and by the Senator from Minnesota was a Security and the Director of Homeland the Secretary of the Department of signer of the Constitution of the Security—the Director. Here is some- Homeland Security—yes, my attention United States, signing from the State one I want the Senate to be required to has been called to an error I made. The of New Jersey on that occasion. So this confirm—this Director. We will provide correct title of the Director is the Di- fine Senator is here on the floor today for the confirmation of the Secretary. rector of the new Office for Combating and has asked me questions. And the But I want the Director confirmed, too. Terrorism. I referred to the Director of equally fine and good and able Senator Get this. This is paragraph 4 of the Homeland Security. This is the exact from Vermont has asked some ques- Strategy with a capital S. There is title of the director. And this, the tions. much more to be said about this Strat- Lieberman bill, and these two titles So at last—at last—hallelujah, we egy set forth in title III. But listen to here, have to do with this new office. are getting some questions. Somebody this. This is part of the plan, part of These two titles in the Lieberman bill is beginning to pay attention to what the Strategy. have to do with the establishment of this new Office for Combating Ter- is in this measure. (4) plans for integrating the capabilities— rorism, established in title II. So I will Perhaps the greatest and the gravest My— just refer to this as the director. defect of the National Security Act to And assets of the United States military The Director and the Secretary of reorganize the Armed Forces, con- into all aspects of the Strategy. . . . the Department of Homeland Security tinuing in this vein, was the failure of Now, does that get the attention of will devise this strategy for securing Congress to provide oversight of the any Senator? We have something we the country. That is what we are all CIA. When the Central Intelligence call posse comitatus—some would say talking about. But this bill requires Agency was established, there was no comitatus, which would be correct, that among the responsibilities of the congressional oversight. It was respon- too—both. But there are laws, there Director are these: sible only to the National Security are statutes, that have to do with posse The Director shall have overall responsi- Council and the President, and what a comitatus. And I shall have a speech to bility for development of the Strategy, and mistake that turned out to be.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.057 S13PT1 S8604 CONGRESSIONAL RECORD — SENATE September 13, 2002 As a result, the late Clark Clifford this great body, the august 100, the spe- sumed that he has that power under wrote: ‘‘The CIA became a government cial 100 who have been elected by 280 the Constitution. No, not under the within a government.’’ million people in phases; according to Constitution. It is assumed that the Listen to that—became a government our illustrious Framers, three classes— President of the United States has that within a government. That is exactly so that there would be a staged rota- power. There are smart lawyers around what we have here. We have the mak- tion of this body, with the Senate in and they can take either side of the ings of a government within a govern- transition all the time, so there would case and come up with a good argu- ment. If the administration were to never be a completely new Senate, so ment. They can win either side—most have its way, we would have a govern- there would never be a new complete good lawyers, who can take either side. ment within a government. We would turnover of the Senators. Today they But not Senators who have sworn to have a government that is run out of number 100. support and defend this Constitution the White House, and the Cabinet offi- The House, theoretically, can turn and who are here in this august, 100- cers would be put to one side. The Sec- over in 2 years. We could have a com- Member body. And I have seen this retaries of the various Departments, pletely new House, theoretically, in 2 whole body change, except for one per- just put them aside. Put the Congress years under the Constitution. But not son. I have seen the whole body—300 off limits, forget it. We will run things here. One-third of the Senate only Members of the whole body—change from this White House. That is what I every 2 years, one-third of the Senate three times in my 44 years in the Sen- am concerned about, as I see here. only; and then another third for 2 ate. But not one mentioned the Con- As the late Clark Clifford wrote: years; and then the third third for 2 stitution. The CIA became a government within a years. That was the genius of the I know what the Constitution says. government which could evade oversight of Framers. The Constitution says that Congress its activities by drawing the cloak of secrecy Here we have a continuing body, and shall have power to declare war. We around it. we have checks and balances written can split hairs all we want, but there (Mr. WYDEN assumed the Chair.) into this Constitution. And there was are the words. I know there are tradi- Mr. BYRD. There you have it in a Senator Mansfield pointing it out: tionalists who believe every word of nutshell. The CIA became a govern- Our form of government is based on a that Constitution, and that was the po- ment within a government which could system of checks and balances. sition that was generally held in this evade oversight of its activities by They are written into this Constitu- country up until the Korean war. But drawing the cloak of secrecy around it. tion which I hold in my hand. there are revisionists today who want For years my immediate predecessor I saw some of the greatest of the fig- to change that. They want to give the as majority leader was Senator Mike ures in our Government last Sunday on President power; they think he should Mansfield. There has been presiding in television. There was the Secretary of have it. So that is what we hear from the chair up until a moment ago the State. There was the Vice President of those who want the Commander in Senator from Montana, Max Baucus, the United States, who is the President Chief to have that power. but now we have another Senator in of the Senate but who cannot address The Commander in Chief was a title the chair. That majority leader from the Senate except by unanimous con- to be given to the civil authority at the State of Montana—at the time, sent. There was Dr. Condoleezza Rice, a war—not to the military—and to make Senator Mike Mansfield—argued for very able person who is not confirmed sure of that we don’t have a four-star the CIA to be brought under congres- by the Senate. She was on television. general sitting as Commander in Chief; sional supervision. There was Mike And there was the Secretary of De- we don’t have a three-star general, or a Mansfield. There was my predecessor fense, Donald Rumsfeld, on television. two-star general, or a one-star general. as majority leader of the Senate. He There were others. I listened to all of We don’t have a military officer sitting was majority leader many years. I was them. in that Oval Office. No, we have a man his successor. I don’t often listen to television, even of the people, who is a civil authority. The late Mike Mansfield said: on Sundays, when more of the people He is the President of the United What I am concerned with is the CIA’s po- who are most often seen and heard and States. He is the Commander in Chief. sition of responsibility to no one but the Na- read about in the media are on the You fellows with the stars on your tional Security Council. Sunday shows. But I listened to them shoulders, don’t get too heady here. He continued: all last week because I expected them This Constitution says, in essence, a ci- The CIA is free from practically every to say something about this subject of vilian, a civil officer, a civil authority form of congressional check. the war, the subject of an attack, an shall sit at the top. attack on a sovereign state. Those revisionists ought to read the That was his caution. He said: Mrs. CLINTON. Will the Senator ‘‘Federalist Papers,’’ also. What do we There is no regular methodical review of from West Virginia yield for a ques- have here? Our constitutional govern- this agency. tion? ment that the Framers gave us in Now hear the voice of the late Mike Mr. BYRD. Let me finish this 1787—once the States, in their conven- Mansfield coming down through the thought, and I will be happy to yield. tions, had ratified that Constitution— years. Listen to him. Listen to the late I saw all those on television. They nine of them—said, in essence, the Mike Mansfield: were talking about the President power to declare war and the power to What I am concerned with is the CIA’s po- launching an attack on Iraq. make war shall not be reposed in the sition of responsibility to no one but the Na- I have no brief for the Government of same hands. tional Security Council. The CIA is free from Iraq. I have never met Mr. Ritter. I So that person, who is Commander in practically every form of congressional know nothing about Mr. Ritter. I think Chief, is the civil authority down check. Iraq under the current regime is a there. He is Commander in Chief, but The late Senator Mike Mansfield threat. But not one of those individuals he cannot declare war, except in a cir- cautioned: who are high in the Government of this cumstance where this Nation is being The CIA is free from practically every country—not one—mentioned the Con- subjugated to a sudden attack. The form of congressional check. There is no reg- stitution of the United States. Every President has inherent power under the ular methodical review of this agency. one of them had to swear an oath to Constitution. I don’t think anybody Senator Mansfield pointed out: protect the Constitution, but not one disagrees with that. The President has Our form of government is based on a sys- mentioned this Constitution. And to inherent power to use the military tem of checks and balances. hear them talk, we were ready to go to forces at his command in order to repel Hear that. Hear the voice of Mike war. We were prepared to go to war. a sudden attack—sudden, unforeseen, Mansfield, his words coming down The President had the authority—I am where maybe Congress is at home, Con- through the years, reverberating in putting that in my words—the Presi- gress is out on recess, Congress has this Chamber. I hope they will be re- dent had the authority to go to war, to gone home for the Christmas holidays, verberating in the hearts and minds of launch an unprovoked military attack or the Thanksgiving holidays, or the the men and women who sit today in on a sovereign state. He has just as- Jewish holidays, or Congress may have

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.061 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8605 recessed for a month in August and ple in the region, and a threat, if you The U.N. should face up to its respon- they are not here. But the President carry it far enough, to us. It is not all sibilities and should lay down the pre- has inherent power in this Constitution that sudden, and who should declare cepts as to why this regime must go. to use the military to repel a sudden war in that event? Congress, not the The U.N. should express a world view attack against this country or its mili- U.N. to get the other nations of the world to tary forces. Nobody argues with that. I applaud the President for going to see it is in their interest that there be What is being debated here is the the U.N. and laying out his case as to a regime change or that there be in- President launching, through some fig- why the U.N. had its chances, had spections—bona fide inspections, not ment of the imagination, or some reso- failed, had not lived up to its respon- like the inspections that were going on lution which has run its course, and sibilities, and he made that case well. up until a few years back, in 1998, I be- under the term ‘‘Commander in Chief,’’ But the case has not been made. It will lieve. an unprovoked attack against a sov- be talked about eventually; it is being The President has done that. I say ereign state—to use a military offen- talked about a great deal now. I read let’s don’t close our eyes to the fact sive. We are not talking about a defen- all about it in the newspapers, I see it that this Constitution still lives. sive situation. We are talking about an on television and hear it on the radio. Mr. President, I apologize to the Sen- offensive situation in which the Presi- The case is now being made for an at- ator from New York. I did not really dent of the United States would attack tack unilaterally by this country intend to talk that long. I intended to a sovereign state—in this case, Iraq. against a sovereign state when this yield the floor for a question from her, I think Iraq poses a threat under the country has not been attacked. and I intended to do it earlier. I am present regime. I don’t argue with The purpose is not to repel a sudden very happy, with my apologies, to yield that. I don’t have any argument with invasion of the United States or a sud- to the distinguished Senator. She is a the fact that Saddam Hussein is an evil den attack. If the President were to do very distinguished Senator from the man. Of course, we are all evil; every this, it would be unprovoked at this State of New York; she is a former man is. The Bible says no man is good. moment. Where is the President’s au- First Lady of this Nation. I yield to If we look at the programming that ap- thority? They say it is in the resolu- her. pears on our television stations, we tion adopted by Congress in 1991. It is I am grateful that she has a question, will probably conclude that this coun- not there. The authority is not there that she has perhaps some questions. I try is not exactly a nation that is not for the President today to launch an am glad somebody is beginning to lis- evil. It is an evil nation in some re- unprovoked attack against Iraq. They ten. So I yield to the Senator. spects. So let’s be careful. I would be said it was in the resolution last year. The PRESIDING OFFICER. The Sen- careful throwing that word around— I say the authorization is not there. It ator from New York. ‘‘evil’’—and saying that this is a war is not there. We can argue and talk all Mr. BYRD. The Chair does not recog- between good and evil. It may be a war night about that, but it is not there. nize the Senator from New York. The against evil, but it is not necessarily Show me; anyone, show me. It is not Senator from West Virginia has the between a good nation and an evil na- there. floor. I yield to the Senator from New tion. But that is off on another track. They say he is the Commander in York, Mrs. CLINTON, for a question on The power to declare war and the Chief. Well, so what; he is the Com- the condition that I retain my recogni- power to make war are under different mander in Chief. Once war is declared tion from the Chair as holding the hands. Those powers are reposed in dif- or authorized by the Congress, then the floor. ferent entities. Our Constitution Commander in Chief will make the The PRESIDING OFFICER. The reposes the power to declare war in war. We will have one head at the mili- Chair acknowledges the Senator from Congress, the duly elected, directly tary and that was the right thing to do. New York to ask a question. elected Representatives of the Amer- Then an attack, if it is authorized by Mr. BYRD. This Senator has yielded. ican people. Of course, the Members of Congress, can go forward. The Chair can’t yield to the Senator the Senate were not directly elected by Let’s don’t meddle with this Con- from New York for a question. I may the people back in those days, but stitution. There will always be defend- not have yielded. Now, Mr. President, I there was a requirement that the ers of this Constitution, and there are only yield to the Senator from New power to declare war was in Congress. some who will remind the country of York, Mrs. CLINTON, for a question. Congress is made up of two bodies. At the Constitution when they are on tele- Under the rules, I can do that, and I do one time it was elected by the respec- vision. So do not assume or take for that with the understanding that I do tive State legislatures, but no more. granted that the President has that not yield the floor. So if I yield the That has been changed by constitu- power. It is this Constitution, the Con- floor, how can the Senator from New tional amendment, as we all know. stitution of the United States, with 39 York be recognized? The Senator from Today, the points are still there. The names attached to it. New York is recognized by virtue, basis is still there. Declaring war and Not one word do I hear by those who under the rules, of my yielding for a making war are two different things, appear on television, not one word question. and the Framers saw to it that the about the Constitution. I said that yes- Mrs. CLINTON. Mr. President, I Commander in Chief would be not a terday. I am going to say it again thank the Senator from West Virginia. person who would declare war. That is today. Not one word did I hear. Perhaps I thank him for the courtesy of yield- the person who will make war. That I missed something, but I do not think ing to me for a question, but I thank was discussed in the Constitutional I did. Not one word. They all just as- him even more for his stalwart defense Convention and that is the way we sume that the President is going to do of our Constitution and his constant have it today. it, he has a right to do it, he has an au- reminder of our founding document and Now, I, therefore, say that this Presi- thority to do it. If our administration the principles that it contains. dent is not authorized to declare war. has its way, we will take this fellow I ask the Senator from West Vir- Why? Because there has not been a sud- out, and we will take him out unilater- ginia, is it not also the case that under den, unforeseen attack on the United ally; we are not going to wait on any- the Constitution, this issue about con- States. thing. gressional power was very well de- Iraq is not attacking the United Wait a minute, there came a second bated, thought through, written about States at the moment. If the President thought. Some people began to ask by our Founders, and that among the were to launch a sudden offensive on questions. Other nations began to ask powers that were granted to the Con- Iraq, where is his authority to do so? questions. Our friends began to ask gress was the power of the purse, the He is not doing it to repel a sudden at- questions. Our friends in the region power to make the decisions about how tack against the United States. No, he began to ask questions, and so a deci- the people’s money would be used? Is is doing it because he knows, as I sion came. And so, we will hold up a that a correct reading of the Constitu- know, that Saddam Hussein is a threat little bit here. We will go to the U.N. tion that we cherish so greatly? to us all, to the safety of the people in That is right. That is good. Go to the Mr. BYRD. Mr. President, the distin- this area, his own people, and the peo- U.N. guished Senator from New York, Mrs.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.065 S13PT1 S8606 CONGRESSIONAL RECORD — SENATE September 13, 2002 CLINTON, is preeminently correct. That some unfinished business that we to catch an airplane today and had to authorization for power of the purse is learned about because of those horrific leave. He could not be on the floor found in section 9 of article I of the attacks on September 11, which the today because he had something else he Constitution. Senator from West Virginia is attempt- was required to do and was expected to Tie that together with the first sec- ing to address. do. So he is not present now, but he tion of article 1 and we find where laws Mr. BYRD. Mr. President, in response talked with me today on the floor when are made and the fact that appropria- to the question from the very able Sen- the Senate returned to the homeland tions may be withdrawn from the ator from New York, Mrs. CLINTON, I security bill. And while the Senate was Treasury in consequence only of an ap- respond in the affirmative with a re- on the Department of Interior appro- propriation by law. Congress has to pay sounding ‘‘yes.’’ priations bill, he talked with me again and pass the laws. The Senator is pre- The Senator from New York has about the needs of his State, the State eminently correct. written me on two occasions about the which he so ably represents. And just a Mrs. CLINTON. Is it not the case needs of her constituents. And without few days ago, within this last week it that in the Senator’s capacity as the losing my right to the floor, I ask was, the Senator from New York came chairman of the Senate Appropriations unanimous consent that—I believe the to see me in my office. It was not the Committee that the committee, under Senator has sent me one or two letters. first time she had come to me to talk the Senator’s leadership, has held a She has spoken to me a number of about the needs of that great city, the number of hearings about the various times off the floor and on the floor in city of New York, and its great people. needs that our country faces with re- this regard. My memory is not infal- Many times, she and the senior Sen- spect to both military and homeland lible, but she sent me one or two let- ator, Mr. SCHUMER, have come to my security? ters. I do not have them right now, but office. Mr. BYRD. Again, the Senator is cor- I ask unanimous consent to have print- Last week, she came to my office in rect. ed in the RECORD, at the conclusion of the early evening hours of the day and Mrs. CLINTON. Is it further the case our remarks that are taking place in expressed to me the need for three that in taking testimony and receiving this colloquy, those two letters. items especially. She wanted those evidence, the Senator has helped to The PRESIDING OFFICER. Without items in the appropriations bill. We are create a better understanding of what objection, it is so ordered. debating an appropriations bill and it the needs are that we should be meet- (See exhibit No. 1) is taking a long time. It should not ing as we attempt to prepare our coun- Mrs. CLINTON. I thank the Senator take this long. We ought to have had try for the unfortunate but realistic from West Virginia because these are this bill passed and sent to the Presi- possibilities of terrorism? matters of grave importance to my dent. Mr. BYRD. Mr. President, in response constituents. Beyond that, they are of In this Appropriations Committee to the question, that has certainly great importance to all Americans. I which I chair and which Mr. TED STE- been the intention of the Senator from very much appreciate the Senator’s at- VENS, I will say, cochairs realistically, West Virginia who currently is the tention because he has studied these that committee has reported all 13 ap- chairman of the Appropriations Com- issues, he understands how we have to propriations bills several weeks ago mittee in the Senate. That is the inten- demonstrate clearly our resolve and which have to be passed this year. tion, and I believe I am beginning to be our preparedness. They have been reported from my com- successful in getting some ears at- I ask the Senator from West Vir- mittee. They have been sent to the tuned. The Senator is correct. ginia, as he has moved forward with his Senate and they appear on the Senate Mrs. CLINTON. Further to that work on behalf of the Appropriations calendar. point, I believe it is the fact, is it not, Committee, and very importantly the Those 13 appropriations bills are very that in the course of examining the work of homeland security, if he has slow in getting to the President. Not many needs which our country has, in determined there is a need for addi- one has gone to the President. The order to deal with the vulnerabilities tional money to be sent to our front- House Appropriations Committee—and we currently experience, the Senator line responders, our frontline soldiers, I do not speak with disrespect there; has come up with a number of items our firefighters, our police officers, our they have a wonderful chairman over that the Appropriations Committee has emergency workers, so they may do there in Congressman YOUNG and a determined would further our security, the important job of protecting us as wonderful ranking member over there fulfilling the responsibility that the we expect them to do? in DAVE OBEY. They speak their minds. Congress is given under our Constitu- Mr. BYRD. Mr. President, I thank They speak their hearts. But that tion? the distinguished Senator for stating chairman over there has some people, Mr. BYRD. In response to the ques- so lucidly and so articulately a ref- other high offices he has to deal with tion from the distinguished Senator erence to the needs of the people of her in that body. He cannot always do what from New York, Mrs. CLINTON, that is State, in reference to the needs of the he may wish to do. The House is a lit- absolutely correct. Senator STEVENS, people who are on the ground, in ref- tle different from the Senate. In the as the ranking member of the Appro- erence to the needs of the first respond- Senate, of course, we can talk and kind priations Committee, and I—and the ers, in reference to the needs of the of speak our minds, and we can take full committee of 29 members made up firefighters. She is preeminently cor- independent actions here. of 15 Democrats and 14 Republicans— rect in her summation of what has hap- That Senator from New York who have responded in that spirit, and we pened in that Mr. STEVENS and I—and holds the floor over there at this mo- have provided for the consideration of again the full Appropriations Com- ment, she is standing right by her the Senate and ultimately the entire mittee, Republican and Democratic— desk. She came to my office last week Congress our views as to the appropria- acted in a very bipartisan way, have and importuned me to find a way at tions that are needed. time and again responded affirmatively some point that she would like to in- Mrs. CLINTON. Is it further correct and effectively to the needs of the peo- troduce an amendment or she wanted that among those items the Senator ple of New York and the people of the an amendment introduced or wanted to has reviewed, studied, and analyzed for Nation. amend one of those bills, take care of the validity of their claims and the im- New York was attacked, and within 3 those three items in particular that portance of their priorities, was a rec- days my committee, the committee of she addressed to me. And then, lo and ognition we had some additional work Mr. STEVENS, the Appropriations Com- behold, earlier this week I held up a to do because of the terrible attacks of mittee, appropriated $40 billion. letter brought to me, delivered to me, September 11? And as a Senator from Time and again, we have responded, not by the U.S. Mail but by someone New York, I want to pause for a mo- and time and again the distinguished from the Senator’s office. I believe she ment and acknowledge with great grat- Senator—both Senators from New came by my office and did not find me itude the leadership of the Senator York, the Senator who is now at her in the office at that time, so she left a from West Virginia in this body and desk and the senior Senator from New letter, which I have already gotten the response of this Nation. We had York who talked with me before having consent to have printed in the RECORD.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.068 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8607 She wrote me a letter. She was not just EXHIBIT 1 Report (attached). This new data confirms, saying, I want mine. She was saying, U.S. SENATE, what many of us have known for some time, these are needed, also by the people in Washington, DC, September 3, 2002. that there will be continuing health con- the other States of this Union. Hon. ROBERT C. BYRD, sequences for the workers and volunteers Chairman, Senate Committee on Appropriations, who responded at the World Trade Center So yesterday Senator STEVENS and I site. Specifically, Dr. David Prezant and col- joined in an amendment to the Interior Washington, DC. DEAR MR. CHAIRMAN: I want to thank and leagues presented new data showing that appropriations bill which comes out of commend you again for all your hard and im- both a ‘‘World Trade Center cough’’ and per- the Appropriations subcommittee that portant work to help New York recover from manent, asthma-like symptoms are directly I chair, the subcommittee on the De- the terrorist attacks and on the issue of correlated with intensity of exposure to the partment of the Interior. In that homeland security more generally. We are collapse of the towers. In fact, in just six amendment, Senator STEVENS and I all greatly indebted to you. months since the attacks, eight percent of have entered and offered, we have at- As the FY 2003 Interior Appropriations bill those highly exposed displayed the cough, comes to the floor tomorrow, I understand and twenty-three percent of those highly ex- tempted to address the needs of the posed showed asthma-like symptoms. Of firemen, of the security of our nuclear there may be some effort to offer an amend- ment to provide the emergency funding re- those identified with the cough, 87 percent plants, and other pressing homeland se- quested by the Administration to battle the also had gastrointestinal reflux disease. curity needs among which are the wildfires in the western part of the country. In addition, during the 11 months after the three items in which the Senator ex- As a part of this effort, I thought I would attacks, the number of respiratory medical pressed interest. raise a couple relevant items of particular leave incidents increased five-fold and the So, time and again we have done this. importance to me that were left short- number of stress-related incidents increased Time and again, the Republicans and changed by President Bush’s decision to not seventeen-fold among FDNY workers. As of make the emergency designation on the $5.1 the end of August, more than 360 firefighters Democrats on that subcommittee have and EMS workers remained on medical leave joined to deal with the home security billion you included in the FY 2002 Supple- mental Appropriations bill. The following or light duty assignment because of res- needs. emergency items are especially relevant to piratory illness that occurred after WTC ex- So the answer is, yes, those needs address the urgent needs of firefighters and posure, and 250 FDNY rescue workers re- have been expressed by the Senator, emergency responders in New York and mained on leave with service-connected, those needs have been addressed by the across the country: stress-related problems. It is estimated that Appropriations Committee, and even $90 million to HHS/CDC for clinical exami- 500 FDNY workers will have to retire on the now, or when the Senate gets back on nations and the monitoring of long-term basis of their injuries in the aftermath of the the Interior appropriations bill, there health consequences for police, fire and WTC attacks. other first responders at Ground Zero. Each With this new evidence, which was also re- is the amendment by Senator STEVENS ported this morning on the front page of The and myself which will address some re- day there are new reports of emergency res- cue personnel who worked at the World New York Times, I feel more strongly that maining needs in the amount of over Trade Center site suffering from respiratory we must immediately provide the emergency $900 million in that amendment. and other ailments. The $12 million appro- funding you included in the FY 2002 Supple- So it is national in scope, but within priated last year provided sufficient funding mental Appropriations bill earlier this year. that national-in-scope measure is the to begin baseline screenings for approxi- As we have discussed, the three key pieces State of New York. mately one-third of the workers at the site. are: $90 million to HHS/CDC for clinical exami- Mrs. CLINTON. I thank the Senator This additional funding is necessary to con- tinue the screenings for the remaining first nations and the monitoring of long-term for his understanding and compassion health consequences for police, fire and and his leadership. responders, as well to monitor their health for the coming years. other first responders at Ground Zero. As I yield back the floor because of a $150 million in firefighting grants as au- $150 million in firefighting grants as au- thorized under the FIRE Act. courtesy that was extended to me by thorized under the FIRE Act. As you know, $100 million in grants to make fire and po- the Senator to be part of this colloquy, fire departments from New York and across lice equipment interoperable. These re- I point out that dealing with homeland the country have filed applications that ex- sources are split evenly between FEMA and security is a very heavy responsibility. ceed $3 billion in need for $360 million in DOJ’s Office of Domestic Preparedness. Mr. BYRD. Mr. President, I yield for available resources. These resources will I look forward to working with you on this the purpose without losing my right to help our fire departments meet the demands as we proceed on the FY 2003 Interior Appro- the floor. and safety needs of our communities. priations bill. The PRESIDING OFFICER. Without $100 million in grants to make fire and po- Sincerely yours, lice equipment interoperable—these re- HILLARY RODHAM CLINTON. objection, it is so ordered. sources are split evenly between FEMA and Mrs. CLINTON. I thank the Senator DOJ’s Office of Domestic Preparedness. One Mr. BYRD. Mr. President, I thank because he has shouldered this heavy of the primary causes of the death of most the distinguished Senator from New responsibility. firefighters on September 11th was their in- York for her questions and her com- We have a process that we have had ability to communicate with each other and ments. for many decades about the money we with the Police Department. These resources Mr. President, I have been informed appropriate for our military, and the are critically needed to protect the health that the distinguished occupant of the and lives of our bravest domestic soldiers. needs are discussed within the civilian chair, Mr. WYDEN, has to leave soon, and military leadership of the Depart- As you can see, these are all emergency items and ones that you had the foresight to has to depart the chair; is that correct? ment of Defense. It comes to the Con- include in the Supplemental Appropriations The PRESIDING OFFICER. The Sen- gress, and there is a process. bill Congress passed earlier this year. I very ator from West Virginia is correct, but But we are faced with new chal- much appreciate all your hard work and sup- given the importance of the matters of lenges. It is my observation and opin- port in making sure these important items the Senator from West Virginia, I want ion that the Senator from West Vir- get the funding they so critically need. to make sure the Senator from West ginia and his very worthy colleague, Sincerely yours, Virginia gets all the time he needs to the Senator from Alaska, have taken it HILLARY RODHAM CLINTON. complete his remarks, and I will stay upon their shoulders to create a proc- for this. ess where none was before so we could U.S. SENATE, Washington, DC, September 10, 2002. Mr. BYRD. Mr. President, I thank begin to address these very serious Hon. ROBERT C. BYRD, the Senator. I have been a Member of issues—not wait for a Department to Chairman, Committee on Appropriations, this body 44 years. I don’t think I have get set up, not wait for it to get orga- U.S. Senate, Washington, DC. ever seen a time when I was pressed to nized or get its first budget. DEAR MR. CHAIRMAN: I am writing to follow complete my statement on the premise But right now, in the face of the on- up on my letter of September 3 with some re- that there were no other Senators going threats, of having an orange- cent findings on the health of emergency re- available to preside over this body and level threat just a few days ago, it sponse workers at the World Trade Center that the occupant of the chair would brings home how important the work is site. New information on the health impacts of have to leave soon, thus forcing me to the Senator is doing. I express my grat- working at Ground Zero was released yester- complete my statement before I in- itude to him. I thank him for the cour- day in the New England Journal of Medicine tended to complete it. tesy of yielding to me for these ques- and the Centers for Disease Control and Pre- This comes down to a pretty serious tions. vention’s Morbidity and Mortality Weekly juncture. I will not go any further than

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.071 S13PT1 S8608 CONGRESSIONAL RECORD — SENATE September 13, 2002 to say that in this body no Senator willing—and I am sure there are Sen- ably before noon today that if I was should be required to end his statement ators in town—not every one of the going to make a lengthy speech, he on the basis that after a certain hour Senators who happen to not be on the would have to leave. So I understand there will be no further Senators avail- floor today, not every one of them is that. But there should be some other able to preside. Now, Mr. President, absent from the city. They know what Senator willing to take the chair, and that is pretty serious. their duties are as Senators. I know I have a feeling there are other Sen- I have been a Senator a long time, 44 what my duty is. It is my duty to get ators in town who would come and pre- years come next January 3. I have been out of my bed and come here and pre- side if need be. a Member of the Congress for 50 years side, if no other Senators can be found All that aside, now, let me close my come next January 3. Never have I had and if it is important that the Senate remarks. In closing I want to thank it put to me that at a certain hour we stand in—I get out of my bed if that the officers of the Senate, the staff will have no more Senators available happens. I know what my responsibil- members of the Senate who have to re- to preside. Now, something is wrong ities are, and it kind of offends me that main here. They are here in front of with the Senate if it has come to that. we seem to have come to a situation us—the Parliamentarian, the journal Suppose I want to speak until 6 o’clock this afternoon when no other Senators clerk, the reading clerk and counting this evening. Suppose I want to deliver ‘‘are available to take the chair,’’ and clerk and the pages and the people at a speech that I consider very, very im- the Senator in the chair has to leave the desk. They are here. I want to portant. shortly. thank them and apologize for my tak- I am not here addressing a Mother’s I am very thankful to the Senator in ing the time this afternoon, but we all Day speech, making one of my holiday the chair. I asked him a question and know what the responsibilities are of speeches. I am not here talking about he, I am sure, needs to go soon. But he officers of the Senate. We know what Mother’s Day or Christmas Day or has expressed the viewpoint and the the responsibilities of clerks and em- Thanksgiving or Independence Day. I willingness to stay here as long as I ployees of the Senate are when we sign am addressing what I consider to be want to speak. on, and we know what the responsibil- one of the most important questions to I am not going to take advantage of ities of Senators are when we sign on. come before this Senate in my 44 years him and pretty soon I will yield the Having said that, I offer my apologies in this Senate. I am very well aware of floor. But I would put it in these words: to everyone if I imposed on their time. the fact there needs to be a Senator in It is a dreadful thought to me, when I I offer my apologies, most appro- the chair as I speak. As President pro am told that there are no other Sen- priately and more precisely, to the tempore of this body, I should know ators available. I don’t say this criti- Senator from Oregon, Mr. WYDEN, who that. The office of President pro tem- cally of the individual who carried this is presiding at this moment and who pore is a constitutional office, unlike message to me. It is not the making of has very graciously indicated his will- the office of, say, the majority leader, that individual, that person who is car- ingness to sit in that chair until I minority leader, majority whip, or mi- rying out the duties of that person in close. The whip asked me to close the Sen- nority whip. These are offices and offi- doing that. I am sure there must be dif- ate. So if the whip or the majority cers who are voted on by this body and ficulty in finding Senators. leader had any special requests or any elected by this body. But I am Presi- But what is wrong? What has become Senator had any special request to dent pro tempore of the U.S. Senate. I of the Senate and its place in the Con- make before I close the Senate, I will am the 86th President pro tempore of stitution? What has become of the Sen- be very happy if someone would the U.S. Senate. The President pro ate? It has been here, now, for 215 present me with those requests. tempore is the President of the Senate years. What has become of the Senate? In the meantime, let me close my for a time being, temporarily, while What has become of the Senate, the printed remarks. It is only a page and the Vice President, who is the Presi- greatest deliberative body, we hear so a half, and they will go very fast. dent of the Senate, is away, is not pre- often, a body in which a Senator can Our form of government— siding, or is assuming the responsibil- stand on his or her feet and speak as Senator Mansfield pointed out— ities of the Presidency in the event, long as those feet can carry that Sen- very unfortunate event that that ator? is based on a system of checks and balances. The floor cannot be taken from a If this system becomes seriously out of bal- should happen. The President pro tem- ance at any point, the whole system is jeop- pore, he is the first constitutional offi- Senator unless he has offended the Sen- ardized. cer elected by the Senate in March ate and a point of order is made that Senator Mansfield noted: the Senator take his seat and he is re- 1789. He is a constitutional officer. You There is a profound difference between an don’t find words in the Constitution quired to take his seat. If he speaks in essential degree of secrecy to achieve a spe- about the majority leader or minority terms that are offensive to another cific purpose and secrecy for the mere sake leader or majority whip or minority Senator, that person’s character, he of secrecy. Once secrecy becomes sacrosanct, whip. I have been in at least three of might be asked to take his seat. Or if it invites abuse. those positions, majority leader, ma- he speaks offensively concerning a Senator Mansfield recognized, as I jority whip—at least two of them. And State of this Union, he might be re- do, that the CIA is by nature and ne- minority leader, so I have been three of quired to take his seat. cessity a secretive organization, but it them. But the President pro tempore is But now I am going to be required to is not an organization that should op- a constitutional officer. take my seat because there is no other erate outside our constitutional sys- I happen to be a Senator from West Senator available, I understand, to tem, not outside our system of govern- Virginia. And I happen to have on my take the duties of the chair. ment. heart, which is heavily burdened, a Mr. President, we ought not in this With the Senate select committee to speech. And I want to unburden my Senate to have that situation arise study government operations with re- heart. again, and I am sorry it arose because spect to intelligence agencies—in other I don’t intend to take undue advan- it kind of takes away from the theme words, the Church Committee, named tage of the person who is presiding that I was trying to say here. But it is after the chairman of that committee, now. Perhaps he is caught in the unfor- worth bringing out. Certainly, I think the late chairman, Frank Church, the tunate circumstance that there is no it is worth surfacing because, if that is Church Committee—we embarrassingly other Senator available to take the going to be the situation, then we are and tragically learned just how ‘‘seri- chair, in which case nobody will hear in bad shape. ously out of balance’’ that agency was. me; I cannot speak. The distinguished Democratic whip The Senate committee discovered This Senator wants to raise a con- earlier today told me that he had an that the CIA had been involved in ille- cern, wants to express a concern about engagement. He had an appointment, I gal, improper, and unethical activities, the situation, if we have come to that believe, back in his home State. He had including the overthrow of democrat- in the U.S. Senate. Senators ought to to leave at around 3 today and I under- ically elected governments, attempted ponder that. And there ought to be stood that. That is fine. He told me in assassinations of foreign leaders, and some Senators at least who would be plenty of time. He told me this prob- in violation of foreign countries.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.072 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8609 In testimony before the Church Com- ing about the homeland security mat- ‘‘what happens when people agree to mittee, the late Clark Clifford ac- ter. He is still here. I thank him. He things and do not do them?’’ That knowledged: has taken the chair to relieve Senator brings up a problem, particularly when The lack of proper controls has resulted in WYDEN. I am glad of that. I am still not their failure to do so deals with mat- a free-wheeling course of conduct on the part going to impose on the Senate. But I ters that threaten the peace of the of operations within the intelligence commu- am going to hold the floor until the world. nity that has led to spectacular failures and Senator from Alabama gets through I don’t think anyone can deny that much unfortunate publicity. with his statement. Saddam Hussein’s consistent policy has That was one of the architects of the I ask unanimous consent, Mr. Presi- been to defeat, obstruct, and get National Security Act of 1947 speaking. dent, that I may yield to the distin- around the agreements he has made. Three decades after its enactment, guished Senator from Alabama, Mr. Some tell us that the world—the Mr. Clifford was complaining about SESSIONS, for not to exceed 15 minutes. international community—is all continuing imperfections and the dam- I ask unanimous consent that the against us. They say we are acting uni- age that had been done to our country. Senator may proceed on the statement laterally. Some leaders around the I am very concerned that 30 years only, that I may retain my rights to world have indeed said that. But the from now Congress will be struggling the floor, and that he may proceed for truth is that President Bush is con- to rectify the problems we will be cre- not to exceed 15 minutes. sulting regularly with world leaders. ating with the hastily considered en- The PRESIDING OFFICER. Is there His speech to the U.N. struck the right actment of this legislation as it is writ- objection? balance. And progress is being made in ten, creating the Department of Home- Without objection, it is so ordered. obtaining support around the world— land Security, according to the legisla- The Senator from Alabama. with not enough help, I am afraid, from tion that is written and before the Sen- Mr. SESSIONS. Mr. President, I this Congress. ate. thank the Senator from West Virginia. How much harm could be done in the I appreciate his leadership in the Sen- But who would ever deny that Sad- meantime cannot be imagined. I am re- ate, his concern for our constitutional dam Hussein is a unilateralist? With ferring to damage to the rights and the order, and his serious historical under- whom did he consult before he invaded liberties that we hold most dear: civil standing of the separation of powers. Kuwait in 1991? With whom did he con- rights, labor rights, labor protections, We might not always agree on where sult before he utilized poison gas to civil liberties of all Americans. those separations are, but I certainly kill thousands of his own citizens, the I will go into those further. I in- respect his dedication to preserving Kurds, in the 1990s? tended to get into some of them this those separations. Who did he consult with, what other afternoon. I will not do so. I am talk- f nation did he consult with, when he ing about damage to our constitutional plotted to assassinate the former Presi- process. PRESIDENT BUSH’S ADDRESS TO dent of the United States of America? I see one other Senator, the distin- THE UNITED NATIONS Who has he consulted with, as he deals guished Senator on the Republican side Mr. SESSIONS. Mr. President, I be- to construct, develop, and produce of the aisle. I assume he would like to lieve it is important today to talk weapons of mass destruction? take the floor, if I give it up. I didn’t about the remarks President Bush So I would like, Mr. President, to intend to give it up until we adjourned. made at the United Nations. I believe just make a few comments here to But if the distinguished Senator wishes he has made a courageous call on the bring us some perspective that I think me to yield to him 5 minutes before I United Nations to defend its credibility is very important at this time on the adjourn the Senate, I will adjourn in in its dealings with Iraq by ensuring kind of support we have around the the absence of the majority whip and that Iraq does not continue to update world. the majority leader. But I will do so by its weapons of mass destruction and First of all, I think one of the clear- their request. does not continue to violate with impu- est-headed nations—a nation that con- Does the Senator wish me to yield for nity the 16 U.N. resolutions of which he sistently gets it right around the world a question? is in violation. I think those remarks on matters of foreign policy—the Mr. SESSIONS. Mr. President, I were a true example of world leader- United Kingdom, is in total support of thank the Senator from West Virginia. ship. the United States. Indeed, it was re- Mr. BYRD. Does he wish me to yield President Bush spoke as one who ported in the paper today that they for a statement? knows right from wrong, who has hon- were moving troops into the Middle Mr. SESSIONS. I would like to make est convictions, and he has the courage East, and prepared to use them, if nec- a statement. I had hoped to speak for to express and to act on them. In direct essary, with us. 10 or 15 minutes. I understand we have words, he detailed the incontrovertible So the Foreign Minister of the U.K., a problem. I have been here since be- case that Saddam Hussein deliberately commenting on President Bush’s fore noon. I know the Senator had his used his promises at the time of his de- speech to the U.N. said it was ‘‘tough time reserved, as he has every right to feat in the Gulf War as a considered and effective’’, and the speech received do. I was hoping I would have a few mo- strategy to cause the allies to stop quite good remarks from the British ments to talk about the important de- their hostilities before removing him leadership. velopments with regard to the Presi- from power, which has proven to be a dent’s position on the United Nations trick. Since then, his actions have The Belgian Foreign Minister, here- and Iraq. I believe it is important to clearly confirmed his deception and tofore a critic of the United States ac- make some remarks today. have shown his insincerity, his duplic- tion, Louis Michel, said, after the The PRESIDING OFFICER (Mr. DAY- ity, and his complete rejection of the speech: ‘‘Now we have to press Iraq.’’ TON). The Chair is here for the dura- U.N. resolutions—his rejections, in- He added, if the U.N. ‘‘doesn’t deliver, tion, as long as it may take to com- deed, of the United Nations itself and it will be uncomfortable for some Euro- plete his remarks. of the United States and the nations pean countries not to support the Mr. BYRD. Mr. President, this is the that joined together to defeat him in United States.’’ That was in today’s Senator to whom the Senator from 1991. He rejects them. He does not re- Washington Times. Alabama is addressing his remarks. spect them and his promises made to Kofi Annan, the Secretary General of This Senator will answer the Senator. them. the U.N., who has criticized the United Mr. President, since there is another Those agreements, he has said he will States recently, also ‘‘urged Council Presiding Officer at the moment, the follow, but he has never intended to members yesterday to take action or distinguished Senator from Minnesota, follow them because he doesn’t give lose legitimacy.’’ who has been in his individual chair in them respect or credibility. Even France, which has been pretty the Chamber—he sits over here to my The ‘‘Economist’’ magazine of Lon- outspoken against the United States left—all afternoon during all of the don said it is well and good to talk actions, accusing the United States of time that this Senator has been talk- about multilateralism, but it asked, unilateral activities, has said: ‘‘We

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.075 S13PT1 S8610 CONGRESSIONAL RECORD — SENATE September 13, 2002 don’t have sympathy for the Iraq re- Iraq today. They fly every day. They by failing to support clearly the Presi- gime.’’ And their Foreign Minister fur- are attacked on a regular basis. And we dent of the United States? ther added that ‘‘he defies the author- respond and retaliate on a regular I believe we will act to support the ity of the Security Council, raises the basis, attacking Iraq. And they have President. I believe this Congress will threat of proliferation of weapons of surface-to-air missiles that they utilize move. We need to do it before we re- mass destruction and, therefore, jeop- against our aircraft. So far they have cess. If we do not, it will be unhealthy ardize the stability of the region.’’ not been able to knock down one of our for our country. Am I confident we will The Danish Prime Minister’s views aircraft. vote in support of the President and his were remarkable. A few days ago, on I say to the Presiding Officer, I know proposals and give him authority to September 11, in an op-ed piece here in that is a matter of concern to you as a take the action necessary to preserve the Washington Times, Anders Fogh member of the Armed Services Com- and protect our security interests? Yes, Rasmussen, the Danish Prime Min- mittee. But it is a real matter of sig- I am. Let me tell you why. ister, said, in a strong statement of af- nificance that we are carrying this bur- There are several important factors. fection and support for the United den. How long do they want us to carry In 1998, this Senate detailed, as I indi- States wrote: it? cated on the floor of the Senate earlier Our common values, shared destiny and vi- The Economist magazine, in an arti- in the week, a list of direct violations sions have been further fortified by the hor- cle on this entire matter, voting in of United Nations resolutions by Sad- rors of September 11. their editorial for war, said that the dam Hussein. On August 14, 1998, the On the first anniversary of that somber ‘‘box is leaking,’’ our ability to contain President of the United States, Presi- date, Danes will think back with sympathy him cannot continue. And who did they dent Clinton, signed Public Law 105–235 and sorrow on the victims of the terrorist at- tacks against the United States and their be- suggest are suffering most? The people which declared that: reaved families. One year later, our soli- of Iraq, the children of Iraq, because of The Government of Iraq is in material and darity with America is undiminished. this diabolical leader that they have. unacceptable breach of its international ob- September 11 was a defining moment call- So, yes, we have to take action. We ligations. ing for determined action in defense of hu- cannot continue to delay. We have It urged the President to ‘‘take ap- manity and fundamental freedoms. Acting troops there in the region that are spe- propriate action in accordance with the can entail dangers but the dangers of inac- cifically there to make sure he does Constitution and relevant laws of the tion are far, far greater. In the face of to- not expand again as he did when he at- United States to bring Iraq into com- day’s new threat, the only way to pursue tacked Iran. And that war cost 1 mil- peace is to pursue those who threaten it. pliance with its international obliga- lion lives in Saddam’s failed attempt tions.’’ He goes on to add: to defeat Iran and take that territory The PRESIDING OFFICER. The Sen- America and Denmark see eye-to-eye on from Iran; in addition to the gulf war. ator’s 15 minutes have expired. the real challenges facing us today. In the He moved, after the gulf war, 80,000 Mr. SESSIONS. I ask unanimous con- fight against terrorism, Denmark was, is and will be fully behind the United States. Our troops down on the Kuwait border, sent for 1 more minute. best soldiers have been in Afghanistan on the causing us to have to respond out of The PRESIDING OFFICER. The Sen- ground and in the mountains, fighting along- fear he might once again attack Ku- ator from West Virginia. side U.S. special operations forces. The dan- wait. Mr. BYRD. Mr. President, I still have ger is far from over and the international We have Patriot batteries in Saudi the floor, do I not? community must not waver now. Arabia designed to shoot down The PRESIDING OFFICER. The Sen- So said the Prime Minister of Den- Saddam’s Scud missiles. I visited a Pa- ator has the floor. mark. triot battery with my legislative as- Mr. BYRD. Mr. President, inasmuch Representatives of the Romanian sistant, LTC Archie Galloway. And we as I still have the floor and the distin- Government have been in town re- visited the Alabama National Guard guished Democratic whip has asked me cently, and they have expressed strong unit that mans a Patriot battery on to adjourn the Senate in his absence, I support for the United States position duty to shoot down Iraqi Scud missiles, will yield to the Senator 1 additional in Iraq. if need be at our expense, this very day. minute. I have a few brief comments Norway, the Norwegian Foreign Min- So that is not a problem that has with regard to what the Senator has ister, after the speech by President been on the front burner of most of the said. I will be glad to yield, if there is Bush, made these comments: ‘‘We are nations of the world. They are not no other objection, to the Senator for challenged to live up to our respon- deeply involved in these matters. They an additional minute without losing sibilities.’’ And then he said something are not paying that cost every day, as my right to the floor. that I think is true for most of the we are. They are not confronting the The PRESIDING OFFICER. Without world leaders: ‘‘I guess we’ll have to reality of Saddam Hussein’s duplicity. objection, it is so ordered. choose among a lot of bad options, But the President is leading us to un- The Senator from Alabama. really.’’ derstand. So I think it is now impor- Mr. SESSIONS. I thank the Senator Nobody wants to choose. Nobody tant for this Congress to speak. Are we from West Virginia for his courtesy. wants to have a war. We wish it were with the President or are we against It is time for this Congress to relook not so. But we have bad options here. him? We don’t need to be rushed, but at our record of involvement with Iraq And the President is confronting us we need to get busy in discussing this and study it, to take new testimony, with the truth, the history of viola- issue. It is not a new issue. have new hearings, and to stand up, tions by Saddam Hussein. He is forcing Most of the evidence is there for the and put up or shut up. We need to be world leaders. He is forcing the U.S. world to see, and has been there for with the President or not with the Congress. And, frankly, as I have gone many, many years. So we need to make President. I am convinced this Con- back and studied the history of Sad- clear whether we will support the gress will be with the President. We do dam Hussein, and the violations are President or not. And if we do not, not need to undermine his ability to be more explicit, more repeated, more de- what are we saying? Are we under- effective in policies that we support by liberate than I had remembered actu- mining Secretary of State Colin Pow- delaying our support for them. ally. ell’s ability to negotiate with foreign I urge this Senate to move expedi- So I think that is where we are nations? Are we encouraging the So- tiously, to not wait on the U.N., which today. And one reason it is appropriate cialist left in Europe to believe that if is not elected by the people of the for the United States to be most ag- they object and fight and complain United States to decide this issue but gressive in leading this effort is that that they can ultimately prevail, and to decide ourselves that we support the we are the ones—the United States the United States will fail to act? Are President’s policies; make that clear, military—that is overwhelmingly en- we encouraging radical groups in mod- give him the authority he needs to be forcing, as best we can, the resolutions erate Arab nations to put more and effective in protecting the United of the United Nations in Iraq today. more pressure on the Arab leaders of States and this world from a savage Many people do not realize that our those countries who might at least pri- and dangerous criminal, Saddam Hus- planes are enforcing a no-fly zone over vately be sympathetic to our efforts, sein.

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.077 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8611 I thank the Senator from West Vir- In the second book of Samuel, I re- impending, is it so immediate that the ginia and yield the floor. member the story there which is told Commander in Chief, who is the civil f of a rich man and a poor man who lived authority over the military in our sys- HOMELAND SECURITY ACT OF in the same city. The rich man had tem of government, can send men and 2002—Continued huge herds of sheep, cattle, and lambs. women in the military to war, send The poor man had one little lamb. The them to give their lives, to shed their Mr. BYRD. I thank the distinguished poor man had one little ewe lamb. Ev- Senator from Alabama. I have long had blood, without asking the Congress? Is erywhere that poor man went, that lit- he the alpha and the omega, the begin- as my friends Senators from Alabama. tle lamb went. That little lamb was the When I came to the Senate, there were ning and the end, of this decision? sole possession the poor man had. Senators Sparkman and Lister Hill. The President is the Commander in When he ate, he fed that little lamb There have been a succession of Sen- Chief. He is not a four-star general. from his bowl, from his pot, or what- ators from Alabama. Especially, I want Under our system, it is meant to be ever it might have been. The poor man to mention the late Senator James that way. He is not a four-star general. cared for that little lamb and it loved Allen from Alabama. I have had very This is a republic, a constitutional re- him. He shared his food and he shared good relations with the Senators from public, and we have a legislative his shelter with that little lamb. branch and a judicial branch. These are Alabama. Presently, a traveler visited the rich I consider myself as being on the separate branches. Are we, the Con- man, and the rich man wanted to same footing, same level of good rela- gress, going to stand by and say I am present a feast to the traveler. He with my President, right or wrong? tions with the distinguished Senator wanted to show courtesy and all of the from Alabama who has just addressed niceties of being a man of hospitable No, I don’t subscribe to that. Every the Senate. nature. He wanted to spread food be- Senator in this body knows I have spo- I do want to comment briefly on two fore the stranger. Did he take from his ken out in opposition to Democratic or three things that he said. lambs, his herds? He had huge herds. Presidents—President Clinton being He first indicated, when I yielded to one. I am not speaking from the stand- him, that he and I had often agreed on He had vast possessions. He had barns in which he stored the product of the point of a Democrat. I am speaking matters and that there were times from the standpoint of a duly elected when we might disagree as to our in- fields. He had vast lands. He had serv- ants. He was well off. He had many, Representative of the American people terpretations of the Constitution. That who have sent me here to this body can be very true. many lambs. Today, I have been talking about a Did he take one of the lambs from his under a constitutional system that ob- own herd? No. He took the one little phrase which, when joined with the serves a separation of power. No, don’t lamb that the poor man had and served preceding language, amounts to a sen- tell me you are either with the Presi- it up, may I say to the distinguished tence, a clause: The Congress shall dent or against the President. That is Senator from Alabama. He served that have power to declare war. what I have just heard. There is no reason for anybody to little lamb, the only lamb that the I am with the Constitution. Mark me misinterpret that. I hope the Senator poor man had. He didn’t ask for it. He down for the Constitution. just took it. He took that little lamb from Alabama wouldn’t misinterpret Now, I will have both ears open and from the poor man and served it up to what is in plain view, written in plain hear the arguments that are made. I his guest. English, and has been in that Constitu- Now, why do I say this? Why do I have already applauded the President tion now for over 200 years. I hope refer to second Samuel today? There for going to the United Nations. I there is no matter of misinterpreting are many mothers in this land who think the U.N. has been derelict in its that plainly spoken clause in the won’t get to vote on this matter. There duty. It has stood by supinely while 16 United States Constitution: The Con- are many mothers in this land who of its resolutions have been ignored. I gress shall have power to declare war. have but one little lamb. I know we don’t disagree with that; the President I hope we don’t have to argue about have a volunteer military now, and did the right thing in doing that. There how to interpret those plainly written, those who volunteer understand what should not have been all this talk in well-understood words from the their responsibilities are. They know the newspaper, on the television, and English language that Congress shall they may have to sacrifice their lives, on the radio, and through the media— have the power to declare war. That is and they volunteered to do it. Never- the many men and women of the Gov- what I have been talking about. theless, there are those in the service ernment taking the attitude, appar- The distinguished Senator went on to who are the little lambs of mothers ently, that the President has the au- say, we need to be with the President who are at home at night thinking thority to go to war if he wants to; he of the United States; we need to sup- about their little lambs and praying for has the authority. That is not so. port the President of the United their little lambs. We are not talking about a mere States. Now, here we are about to be faced I like to be with the President of the skirmish. We are not talking about a with a proposition in which these rep- situation in which another country has United States on most matters. And in resentatives—these mothers of the sons the final analysis, I may be with the attacked our country or launched an and daughters who are in the services— attack on our military forces. This is President on this one. But it is not a will not be asked for their vote. There matter of being with the President or not a skirmish that we have looming are those who apparently are under the out here. This is war. The weapons that supporting the President. I maintain impression that the Congress doesn’t that we need to be with the Constitu- may be unleashed in this war will not need to be asked for its vote—the Con- have been unleashed, perhaps, in pre- tion of the United States. We need to gress, the elected Representatives support the Constitution of the United vious wars. But we still have a Con- under this Constitution. stitution. I don’t care how many, or States. It is not damn the torpedoes, Yet some have suggested that the how loud they may talk or speak. I am full speed ahead; it is not damn the President has the authority. He can go. going to be at least a single voice say- Constitution, full speed ahead. Some say he is right and he should at- ing that we live, we work, we act by I want to be with the Constitution. tack unilaterally. That is what we the Constitution of the United States Count me on the side of the Constitu- have been talking about in the last few tion. I want to support the Constitu- weeks. People were under the impres- when it comes to declaring war and tion first, last, and all the time, I say sion that this might be a unilateral at- making war. You can have a thousand to the Senator. And maybe I will be tack by the United States against a voices, but they will not drown out with the President in due time. But I sovereign state that was not attacking mine. am not one who says this is a matter the United States. Of course, we all I am going to be heard, if God gives that has to be hurried before the elec- agree about this imp who is head of me the privilege of standing on this tion. What is this? Is this the October that government. But that is a sov- floor and speaking. I don’t know how surprise in August or in September? ereign state. That state is not attack- long God may give me that privilege. This is a matter of great moment. And ing us. But as long as I can speak, I will. I am hinging on the decisions of this Senate I am not arguing that Iraq it is not a not the greatest defender of the Con- may be the lives of many citizens. threat, but is it such a threat, is it so stitution that ever lived. I know a lot

VerDate Sep 04 2002 02:03 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.079 S13PT1 S8612 CONGRESSIONAL RECORD — SENATE September 13, 2002 about American history, and I know a to vote. That is what I am saying there might be some good arguments lot about the Daniel Websters who today. Congress should vote. But I am to go to war with Iraq, even to stand spoke in support of the Union that was not for an ‘‘October surprise’’ in Au- alone and go to war. Maybe arguments created by this Constitution, which I gust, and I am not for voting on this can be presented. There may be evi- hold in my hand. matter before the election. dence by then. Who knows? I do not This is no Johnny-come-lately to this Look behind that drapery. Draw know, but we have to see it. The evi- Senate. I have seen 300 Senators come aside that veil. What do you see? It has dence is not there yet that we have to and go except for one Senator. There to be voted on before the election? For- act so hastily, that we have to act be- have been others in this body who have get it. If circumstances develop that fore the election. defended this Constitution as valiantly truly can convince, can be persuasive What does the election have to do as any could defend it. beyond a semblance of doubt that Con- with it? What does the election have Don’t say to me you are either with gress ought to act tomorrow or the day within itself to do with it? The election the President or you are not with the after tomorrow or next week, yes, but will go forward. What is to keep Con- President. That is not the case. I am that convincing case has not been gress from voting on this matter after with the Constitution of the United made. the election? Why does it have to be be- States, and I am with the Commander A convincing case was made to the fore the election? Is that the ‘‘October in Chief of the United States when Con- United Nations yesterday with respect surprise’’ in September or October, be- gress declares war. to the failures of the United Nations, fore November? Let’s not be too hasty. I know there have only been five dec- the fact that that body has been rec- That is what I have been saying about larations of war. I know there have reant in carrying out their responsibil- this legislation with reference to been seven other wars that have been ities, a very convincing case made by homeland security. Let’s don’t be too carried on, not by declaration but by the President of the United States. But hasty. Let’s do it right. Remember congressional statute. Congress au- no convincing case has been made in that mother’s lamb. thorized them. There have been many the press or in this body that we must The distinguished Senator asked: smaller wars, conflicts, military skir- act to give the President authority to With whom did Hussein talk? With mishes, and so on. But this is a major invade a sovereign nation now or be- whom did he consult? He may not have question facing this country. It will fore the election. That case has not consulted anybody; that is too bad. not be a military skirmish if it hap- been made. Hussein should have had a free and pens, and many a mother will cry on Make the case and make it here. And independent Senate. Hussein should her pillow because her lamb, perhaps believe me, there will be plenty said on have had a Senate where voices could her only lamb, will have his life taken. both sides. If our Nation is at war with be heard, voices in opposition to Hus- Mr. President, I say let’s hear what another country, I will do everything I sein, voices of caution, openly and free- the ordinary people—I want to use the can to support that war. ly where all the public could hear. Yes, word ‘‘ordinary’’ because that fits me I helped to build the liberty ships and Hussein should have had that. There exactly. I came from the other side of the victory ships in the shipyards of was no Senate like this Senate in Hus- the tracks. I did not grow up in the Baltimore and the shipyards of Tampa, sein’s government. I am talking about boardrooms of this country. I was FL during World War II. I was a first- a free, separate branch, that is inde- never on any corporate board. The only class welder who helped to build ships pendent, where there is free, unlimited business I ever had was a small grocery to carry the food and commerce for the speech—except for unanimous consent store. My wife did most of the work in engine of war in World War II. I helped or cloture—where there is a Senate that little grocery store. She put me to build the ships to convey to the that controls the purse strings. Yes, I through college. So I am from the military in Europe, in northern Africa, say Hussein should have had that. He other side of the tracks. in the Pacific. These ships carried the should have had a Senate like this Sen- I have known times when I did not munitions of war. We helped to keep ate. It is not led around by any Presi- know what my next job would be. I had the food lines and the blood lines open dent’s chain. No President chains this a family early. My wife and I have been with those ships. So there are many Senate. married 65 years, 3 months and 15 days ways to serve. But believe you me, this There are no chains on this Senate. today. We were poor. When I was mar- Senator is not now or ever going to be It is a free and independent Senate. ried I was making $70 a month, work- stampeded into voting for or against Yes, Hussein should have had a Senate ing 6 days a week, long hours a day, this subject just to be with or without such as this one, where debate would and for a while in that period walking the President. I am with the Constitu- have been heard. But he does not have 4 miles to work and 4 miles from work tion. If that is the argument we are that. With whom did he consult? Cer- if I could not catch a ride on a milk going to hear, it is not going to be a tainly not an Iraqi Senate, like this truck or bread truck. very persuasive argument. You are ei- one. I am from the other side of the ther going to be with this President or The same could be said of Emperor street. I am not a pampered brat who not with him. Justinian who ruled in Constantinople, never knew the need for a nickel, never Who made this President? He is a on the great golden horn. Justinian knew the need for anything, had every- very respectable individual who comes sent thousands of people to their thing given to me. I do not find any from a fine family. I served here with deaths in the Nika rebellion. Justinian fault with people who are born lucky. his father who became President. Who did not have a Senate. What I am saying is there are many made him? How did he become Presi- What about Ivan the Terrible, who more people like this man from the dent? Somebody had to cast votes to had tens of thousands massacred? Ivan other side of the tracks in this coun- elect him President. How long will he the Terrible did not have a Senate. try, and there are many more mothers be President? There was no Senate in Muscovy. from that side of the tracks than there The Constitution made this Presi- Peter the Great sent thousands of are those who never knew what it was dent. The Constitution was here before men to labor and to die in the swamps to have to wipe the sweat from their this President or any other President. to build the city of Petrograd, Lenin- brow for their daily bread; never had to Who made the President? Who is going grad. But Peter the Great had no Sen- get their fingernails dirty; never had to to be with the President? I will first be ate to caution him, no Senate that con- wear tennis shoes in the snow. Those with the Constitution. I may be with trolled the purse strings. are the people who fight in wars. They the President later, but first is the Yes, with whom did Hussein consult? are the people whose sons and daugh- Constitution. That is a good question. But we know ters die in wars, but they are not the Don’t come here saying we are either that Hussein had no Senate. people who are at the high echelons of with or without the President. That is Mr. SESSIONS. Will the Senator Government who do the voting. not the question. The question is: Are yield for a question? In this instance, yes, we are going to we with the Constitution? Are the peo- Mr. BYRD. No, not yet. I will yield have a vote. You can bet on that. We ple’s representatives going to make a maybe later. I will be glad to yield— will have one. I said all along we ought decision? When that time comes, then does the Senator have to leave the

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.082 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8613 floor? I will yield right now. He is mittee, Senator GRAHAM, may hold or tomorrow. We have had this evi- about to leave the floor in a huff, I be- hearings. So all these things are well dence all this while, at least a long lieve. I hope he is not. Maybe I am mis- and good. They are all necessary under while, 3 months or 4 months or 3 years. interpreting him. the circumstances. We should under- So why the sudden rush that we have Mr. President, I ask unanimous con- stand what the witnesses say in those to vote before the election? I think we sent that I may yield to the distin- hearings. should vote after the election so Sen- guished Senator from Alabama for a Our three chairmen should not just ators will not be persuaded or moved question without losing my right to invite administration witnesses. Ap- one way or the other, because of an the floor. parently they already have their minds election, as to how they vote. They are The PRESIDING OFFICER. The Sen- made up. Invite them, but don’t just voting to send that little lamb to the ator has that right. not stop at that. Apparently they have slaughter. Should we do that in a Mr. SESSIONS. Mr. President, I their minds made up. I heard three or hurry? No. I say let’s delay. thank the Senator from West Virginia. four of them on Sunday talk shows last I have said all I will say in answer to The Senator is so eloquent in defending Sunday. I already mentioned that. the distinguished Senator, unless he the prerogatives of this Senate, and I They are all from the same viewpoint, has another question. thank him for that. and not one mentioned the Constitu- Mr. SESSIONS. Mr. President, I We do not need to rush into this. I tion of the United States. Yes, I favor thank the Senator from West Virginia am of the belief—and I ask the Senator that the Congress vote, up or down. I for his courtesy and his thoughtful- if he would consider the possibility have said that before today. I have said ness. I just ask that he consider, in that he would be willing to support the that many days. I think the Congress evaluating his decision, the difficulties commencement of debate and a vote, if should vote up or down on the ques- it provides for the United States if we we could do so, before we recess be- tion. cannot get a vote of support. If we are cause we may be into January before This is the question as to whether or not for it, let’s say so. If we do not be- we return, and I think it could com- not Congress will authorize and declare lieve and we are not going to fund— plicate matters. war, if it comes to that. This will be no which is our ultimate power, to cut off If I was inarticulate, I apologize, but minor skirmish. This will not be a lit- funds—let’s say so, and we get on with my request would be that we consider tle group out on a party and they hap- something else. the policies, not the President. It is not pened to run into some other people, I strongly believe we should proceed. a personal thing; the Senator from they got mixed up and got to fighting, Senator WARNER, who was chairman of West Virginia is correct. Let us con- and two or three were killed. This is the Armed Services Committee or sider those policies so the world would not a minor skirmish. I said, yes, this ranking member on the Armed Serv- know whether we are going to support is a solemn question because it does in- ices Committee, said there were nine that or not. I know the former Vice volve a dictator such as Saddam Hus- hearings last time before the gulf war, Presidential nominee for the Demo- sein, one who has killed his own people, with a period of intense debate. The cratic Party, Senator LIEBERMAN, is gassed his own people, one who has Senator is correct, we ought to have supporting these policies, and I think shown no compunction about using bio- hearings and we ought to have debate. there is a majority here. I think the logical or chemical weapons. We know It is just a question of, as soon as we Senator from West Virginia may well he has done that. We know he can do get that and people feel ready, the agree at some point, after he has had that. sooner we get started and the sooner full time to digest and consider it, but But the question is, what is it that we complete it, I think the Nation will I do believe and hope that the Senator makes it so urgent that all of a sudden be better off. would consider allowing us to have a here comes something like a cloud over I respect the views of the Senator vigorous debate and a vote as soon as the western hills and blows into the and the concerns. As the Senator we possibly could. Capital City, here is a looming storm knows, under our Constitution we have Mr. BYRD. Mr. President, I will re- that just came up. Lord, this may be a elections all the time, one following spond to the question that has been ad- torrent. It may flood ourselves. It may the other. There is never a time that dressed to me, and it is a good ques- kill people. We have to do something someone does not have an election in tion, a thoughtful question. May I just about it right now. What can we do as mind, unfortunately. say I hope the Senator will join me in mere mortals? It is not quite like that. Mr. BYRD. The Senator avoids the insisting that this Senate debate the I have already said the President has question he put to me. He is talking homeland security legislation and not inherent power without asking any- about an election that will come upon rush that legislation. That is a part of body. If Congress is out of town, he us in November—this coming Novem- national defense as much as anything. does not have to ask Congress. If this ber. I understand what he is saying. He It is the defense of our homeland. So I country is attacked, he has the inher- is saying we ought to take action be- hope the Senator will be one of those ent power to repel the attacker. I don’t fore the election. Then he says we who will join me in taking our time to argue about that. But that is not the ought to hear what the U.N. says. And thoughtfully debate a very serious situation. What is so new? We have I say, let’s not be in all the hurry. We matter, namely, the creation of the De- known these things now for months or ought to hear what the U.N. says. Let’s partment of Homeland Security. years. see what world opinion is. We ought Now, more to the question as it was May I say to the distinguished Sen- not go into this alone. addressed to me, the answer is I sup- ator from Alabama, would the Senator If this man is a threat to world port debate on the question as to show me the courtesy of just finishing? peace, the United States should not whether or not the Congress should au- I know there may be some who think I have to go it alone. Perhaps he will thorize the Commander in Chief to am long winded. have to be removed. But we have a lit- make war. I have asked my staff to Mr. SESSIONS. I had something I tle bit of time, surely. consider language for such a question had to take care of, and I thank the I say to the Senator, let’s take the to be presented to the Senate. My staff Senator, but I will be glad to stay a few time. Let’s debate the question. Let’s has been working on such a matter. I more minutes. debate it and reach a decision on the hear that Mr. LEVIN is going to hold Mr. BYRD. Cicero was asked what basis of what the Constitution tells us. hearings in the Armed Services Com- speech by Demosthenes he liked best; Let me just continue. I didn’t want mittee, on which the distinguished and he said, the longest. the Senator to leave. I thought he was Senator from Alabama serves so well. So it is all right. One can be long about to leave. It is good that Senator LEVIN is going winded if he has something to say. And Let me continue. He said, with whom to do that. It is good that the distin- he may have to say it over and over does he consult? That is a good ques- guished Senator from Delaware, Mr. and over in this situation. tion. I have already responded. I also BIDEN, chairman of the Foreign Rela- I say, yes, yes, in answer to the Sen- talked about Justinian. I talked about tions Committee, will hold hearings. ator, I am for a vote. But I have to see Ivan the Terrible. I talked about Peter The chairman of the Intelligence Com- evidence that requires us to vote now the Great. Now, let’s go to Stalin. With

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.085 S13PT1 S8614 CONGRESSIONAL RECORD — SENATE September 13, 2002 whom did he consult? With whom did It is a cynical lie that the animals that tics. Over five million people are in this Adolph Hitler talk? With whom did he killed our loved ones were motivated by country today who were so desperate to consult? Islam, or because this nation of ours is anti- come here that they did so illegally. There are more in New York City It was not a free and independent Islamic. Enshrined in the First Amendment to our Constitution is freedom of expression than in . More Poles in then Senate. If they had a free and inde- and the free exercise of religion. This con- any city in the world except Warsaw. Amer- pendent Senate that had control of the tinent was populated by people who crossed ica is home to 39 million Irish-Americans, 58 power and control of the purse strings, a terrifying ocean to reach a rugged and in- million German-Americans, 39 million His- history might have been different. hospitable frontier to escape religious perse- panic-Americans and nearly a million Japa- Hundreds of thousands of lives might cution. nese-Americans. And there are seven million have been saved. From its birth, this nation and the Amer- Muslims in America, nearly the population Mr. President, let us not act in haste. ican people have offered sanctuary and shel- of New York City. ter to all faiths. Our Constitution—always How tragic it is that the agents of the Let us forget about our politics. Let us with the support of our people—has extended Sept. 11 terrorist acts were people whom we not be for or against a resolution on its embrace to the unpopular, the unusual, welcome to this country, and to whom we ex- the question of war or peace on the the unconventional and the unorthodox. We tended all of our freedoms, the protections of basis of what party we belong to. Let protect not only those who will not salute all of our laws, and the opportunities this us put that question in a way that we our flag, but those who would spit upon it or country affords to everyone to travel, work will be with and in support of the Con- burn it. We pledge our allegiance to a Con- and live. But we welcome immigrants be- cause nearly all of us are immigrants or de- stitution. stitution that shelters those who refuse to pledge their allegiance to it. scendants of immigrants who came here to f It is true, I suppose, that there are many in enjoy freedoms, rights, liberties, and the op- MORNING BUSINESS the Middle East who hate this country for its portunity, denied elsewhere, to pursue happi- support of Israel. But how tragic and mis- ness and prosperity. Mr. BYRD. Mr. President, I ask unan- guided to despise us for extending comfort often said that ‘‘every once imous consent that the Senate now go and defense to a people who have so long, in a while, each of us native-born Americans into a period for the transaction of rou- and so recently, been the victims of inde- should make it a point to have a conversa- tine morning business and that Sen- scribable ethnic persecution. Nor has Amer- tion with someone who is an American by ica’s support for Israel ever been rooted in or choice.’’ Mr. Reagan was fond of quoting ators may speak therein for not to ex- from a letter he received from a man who ceed 3 minutes each. manifested by hostility to the Muslim faith or those who practice it. The terrorists and wrote, ‘‘you can go to live in Turkey, but The PRESIDING OFFICER. Without you can’t become a Turk. You can’t go to objection, it is so ordered. their apologists have lied about these things, but what is another lie when their goals and live in Japan and become Japanese, [and so f tactics are so vastly more evil? on for Germany, France, etc.]. But . . . any- one from any corner of the world can come IN REMEMBRANCE OF SEPTEMBER The terrorists can succeed only through corruption and brutality. Thus they must to America and be an American.’’ 11, 2001 tear down America and its system of laws So it is particularly sad and a bitter irony that the 19 savages who took the lives of Mr. NICKLES. Mr. President. I ask which shields its people from those malevo- thousands of Americans were able to come lent acts. They can enslave the people they unanimous consent to have printed in here because we welcomed them, and trusted wish to subjugate only by keeping them poor the RECORD an article from the Wall them, and allowed them to learn to fly our and destitute, so they must undermine and Street Journal dated September 11, airplanes and gave them the freedom to trav- discredit the one place in all the world that el. They took these precious gifts and turned 2002. stands the most for the rule of law and al- them into instruments of hatred and death. There being no objection, the mate- lows its people the opportunity to rise above rial was ordered to be printed in the It has, I suppose, always caused some re- all those conditions. sentment that we believe so passionately and ECORD Abraham Lincoln was paraphrasing our R , as follows: unquestioningly that the freedoms we value Declaration of Independence when he charac- [From the Wall Street Journal, Sept. 11, should belong to all people. But we know 2002] terized our nation as having been ‘‘conceived that these are enduring values. We can de- in liberty and dedicated to the proposition WE WILL PREVAIL bate nearly everything else, but we don’t that all men are created equal.’’ That revolu- (By Theodore Olson) need to debate that. We know that these tionary document set down our collective be- principles lift everyone up. From a speech by Solicitor General Theo- lief in inalienable human rights, the propo- We have now been reminded, in the most dore Olson to the Federalist Society on Nov. sition that governments derive their powers horrible way, that there are those who not 16, 2001, Mr. Olson’s wife, Barbara, was one of from the consent of the governed, the prin- only hate our principles, but who would dedi- the airplane passengers murdered on Sept. ciple that tyrants who would oppress their cate their lives—and surrender their lives— 11, 2001. people are unfit to be rulers of a free people, to banish those ideals and the incentives September 11, 2001 was unprecedented in and the right to the pursuit of happiness. they provide for tyrannized and impover- our nation’s history. Our country has been The terrorists of Sept. 11 cannot prevail in ished people everywhere to do what Ameri- attacked before. Our soldiers and innocent a world occupied by the Declaration of Inde- cans did in 1776. We have tragically learned citizens have been the victims of terrorism pendence, the Constitution and its Bill of again, in the most unthinkable fashion, that before. But never before in our history have Rights, the Emancipation Proclamation, the our values and our principles are neither so many civilian citizens, engaged in the Gettysburg Address, the Statue of Liberty, self-executing nor self-sustaining, and that routines of their daily lives, who neither in- the World Trade Center, the Pentagon, the we must sacrifice and fight to maintain what dividually nor collectively had done any- Capitol, the Supreme Court and the White our forebears sacrificed and fought to be- thing to provoke the savage attack that they House. They cannot co-exist with these queath to us. were to experience that day, been brutally ideals, these principles, these institutions And now the rest of the world is learning murdered for the simple reason that they and these symbols. So they cannot survive, again that Americans will not flinch from were Americans, and because they stood, in much less prevail, in the same world as that fight or tire of it. Americans will fight, their countless individual lives, for all the America. they will sacrifice, and they will not give up things that America symbolizes. America is not today, or ever, without im- or leave the job unfinished. This war is for As President Bush immediately recognized, perfections and shortcomings. Implementa- all living Americans. It is for the parents, Sept. 11 was an act of war. But it was much tion of our lofty ideals has never been with- grandparents and great-grandparents that more than that. It was also a crime, an act out error, and some of our mistakes have fought and sacrificed to come here. And it is of pure hatred and unmitigated evil. been shameful. But the course of our history for our children and generations to come. The victims were of all races, backgrounds, has been constant, if occasionally erratic, And it is for those who choose to become religions, ages and qualities. They had one progress from the articulation of those lofty Americans in the future. thing in common. They were nearly all ideals to the extension of their reality to all America will not lose this war because we Americans. Their lives were extinguished be- our people—those who were born here and cannot even consider that we will lose what cause they were the embodiment of the aspi- those, from hundreds of diverse cultures, centuries of Americans fought to create, im- rations of most of the world’s peoples. The who flock here. prove and maintain. We cannot, and we will people who killed them hate the beacon that There is no segment or class of the world’s not, betray the people who gave us this glo- America holds out to people who are impov- peoples who have exclusive claim on the rious heritage. We cannot and will not, dis- erished, enslaved, persecuted and subjugated term ‘‘American,’’ and no segment of the honor or wash away the memories of those everywhere in the world. world’s population to whom that claim has who somehow clawed their way out of pov- The men who planned the savage acts of been denied. We welcome 100,000 refugees per erty, tyranny and persecution to come to Sept. 11 cannot prevail as long as American year into this country. Over 650,000 people this country because it was America, and be- ideals continue to inspire the people they immigrated legally to America in the most cause they were willing to risk death to be- hope to tyrannize and enslave. recent year for which we have reliable statis- come Americans, and to give their children

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.087 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8615 and grandchildren the opportunity and free- NEEDED: REGIME CHANGES IN Given the actions of Southeast Asian dom and inspiration that makes this place BURMA AND CAMBODIA hardliners in Rangoon and Phnom America. Americans could no longer call Mr. MCCONNELL. Mr. President, on Penh, last month’s pledges to combat themselves Americans if they could walk terrorism ring hollow. It would serve away from that legacy. August 1, 2002 the United States and People who write for newspapers and who the Association for Southeast Asian American interests in the war on ter- offer opinions on television, or who send ad- Nations, ASEAN, signed a ‘‘Joint Dec- rorism—as well as benefit the welfare vice to us from other parts of the world, laration for Cooperation To Combat of the people of Burma and Cambodia— sometimes say that America is too rich, International Terrorism.’’ for regime changes to occur in those lazy, complacent, frightened, soft and ener- Through this Declaration, both countries. vated to fight this fight. That we have no Burma and Cambodia affirmed commit- f stamina, strength, will, patience, or steel. ments ‘‘to counter, prevent, and sup- That we will collapse. UNITED STATES POLICY ON press all forms of terrorist acts . . .’’ They are so wrong. We will prevail for the SUDAN very reason that we have been attacked. Be- and pledged to view ‘‘acts of terrorism in all its forms and manifestations, Mr. FEINGOLD. Mr. President, I rise cause we are Americans. Because the values today to comment on the situation in that made us free, make us strong; because committed wherever, whenever, and by the principles that made us prosperous, whomsoever, as a profound threat to Sudan, a county characterized by bru- make us creative, resourceful, innovative, international peace and security....’’ tal fighting and tremendous suffering, determined and fiercely protective of our Lest the irony of these commitments a country in which an estimated two freedoms, our liberties and our rights to be be lost on my colleagues, let me say a million people have died in just the individuals and to aspire to whatever we word or two about each country. past decade from war-related causes, choose to be. Those values and those charac- For over a decade, the people of and where millions more have been dis- teristics will lift us and will defeat the black placed. forces who have assaulted our ideals, our Burma have been under the repressive misrule of military thugs who have In July, I held a hearing on U.S. Pol- country and our people. icy in Sudan in my capacity as chair- The very qualities that bring immigrants systematically ruined the economy, and refugees to this country in the thou- while profiting from illicit activities, man of the African Affairs Sub- sands every day, made us vulnerable to the imprisoned political opponents, (in- committee of the Senate Foreign Rela- attack of Sept. 11, but those are also the cluding those legitimately elected by tions Committee. At that time, I qualities that will make us victorious and the people of Burma), raped ethnic praised the administration for devoting unvanquished in the end. girls and women, forced into labor chil- high-level attention to the plight of dren and villagers, and squandered the Sudanese people. As I noted then, f scarce financial resources on military the President and the Secretary of weapons and nuclear technology, at the State have spoken out about Sudan. FOOD FOR GUNS PROGRAM expense of the welfare of their com- The President appointed Senator John Danforth to be his Special Envoy for Mr. LEVIN. Mr. President, this Sat- patriots. Just last week, two members of the Peace in Sudan. USAID Administrator urday the Detroit Police Department youth wing of the National League for Andrew Natsios was named Special Hu- will begin a new gun buyback program Democracy—the legitimately elected manitarian Coordinator for Sudan. As offering a $25 gift certificate for gas representatives of the people of a result of Senator Danforth’s efforts, and a $25 gift certificate for food to Burma—were arrested and sentenced to the International Eminent Persons anyone who brings in an unloaded gun. three years in prison for possessing a Group has investigated means for pre- Last year, a very successful similar ef- journal published by exiled dissidents. venting abductions and slavery and has fort took more than 600 guns off the By any definition, the State Peace and reported on its findings. And in July, streets of Detroit. Development Council’s rule in Burma negotiations between the Government During the past week, volunteers has been a reign of terror. of Sudan and the Sudan People’s Lib- from the Youth Initiative Project, an In neighboring Cambodia, the ruling eration Army, or SPLA, in Machakos, organization dedicated to drug preven- party is led by a former Khmer Rouge Kenya produced a broad framework for tion and stopping youth violence, have guerilla whose penchant for violence is ending the civil war and providing the gone door-to-door informing people well known, and documented, through- people of the south with the means to throughout the community of the pro- out the region. In July 1997, Prime exercise their right to self-determina- gram. In addition, the Youth Initiative Minister Hun Sen staged a bloody coup tion. All of this deserves praise. Project is a planning a Family Safety d’etat to oust his royalist rivals, and But currently, the negotiations are Fun Day to coincide with the gun he is the prime suspect in a brutal as- troubled. The Government of Sudan buyback program that will distribute sassination attempt on the country’s pulled its negotiators out of Machakos trigger locks and information on gun sole opposition leader, Sam Rainsy. in response to the SPLA’s capturing safety. That attempt, which occurred during the strategic garrison town of Torit on There have been 14 young people a political rally on Easter Sunday in September 1. Many observers, includ- killed by guns this year in metro De- 1997, failed, but killed and injured ing key American officials, believe troit. In response to these tragic shoot- scores of Cambodians. American de- that the process is not permanently de- ings, the Youth Initiative Project held mocracy worker Ron Abney was in- railed but merely disrupted. Still, this a town hall meeting at the Redford jured in the terrorist attack, and has disruption calls the world’s attention Branch of the long suspected that Hun Sen was the to a rather telling point. There is no on how to prevent gun violence. Some devious mastermind. To this day, Ron ceasefire on the ground in Sudan, and of the organizers were trained this and all victims of Hun Sen’s terror are not only do military engagements con- summer at the Youth Action Institute, awaiting justice. tinue, so too do attacks on civilians a three day convention in Washington, I am also troubled by news reports and the manipulation of humanitarian D.C. sponsored by the Alliance for Jus- that Heng Sean, an opposition activist, assistance. The situation of the Suda- tice. These same volunteers are plan- was murdered in Kampong Cham over nese people has not improved despite ning three more town hall meetings in the weekend. It appears that Mr. the developments at the negotiating Detroit and then will move their pro- Heng’s only crime was to support Sam table. gram into local schools. Rainsy and his agenda for reform. I continue to support the administra- I hope my colleagues will join me in For my colleagues less familiar with tion’s efforts to work with Inter-gov- commending the Detroit Police De- Cambodian affairs, I recommend read- ernmental Authority on Development, partment for this positive approach to ing ‘‘The Cambodian Conundrum’’ by IGAD, to facilitate the peace process. getting guns off the streets and the veteran journalist Nate Thayer, For- But given this disconnect between re- Youth Initiative Project for their ef- eign Service Journal, March 2002, ality on the ground and rhetoric in ne- forts to make the day a success and which provides keen insights into the gotiations, given the troubled recent their commitment to educating their previous Administration’s ‘‘blind eye’’ history of United States-Sudanese rela- peers on gun safety. foreign policy in Cambodia. tions, given the scale and scope of the

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.015 S13PT1 S8616 CONGRESSIONAL RECORD — SENATE September 13, 2002 abuses committed against civilians partisanship into the Sudan policy de- 1901 with the express purpose of allow- regularly in that troubled country, this bate. But I do want to make it clear ing Jews from around the world to join effort requires something of a leap of that this is not a small thing and not together and make the Zionist dream a faith. I do not criticize the administra- a secondary priority. The administra- reality. Jewish communities from tion for taking the leap, I believe that tion’s capacity to help bring peace to around the world participated by col- it was a correct and courageous deci- Sudan is strongest when the diverse lecting donations in signature ‘‘Blue sion to work with the Government in community of Sudan advocates and the Boxes.’’ These donations were used to Khartoum and with the SPLA to try to entire Congress is united in support for purchase the land that would one day find a path to peace in Sudan. But I do that effort. We need to sustain our become the state of Israel. Jews dis- criticize the administration for not faith in this endeavor with concrete united could not achieve their nation- taking the confidence-building meas- steps even as our country continues to alist dream and create a Jewish state ures, including those identified by Sen- facilitate big-picture negotiations. And in the land of Israel, but together, ator Danforth, seriously enough, leav- so I encourage the administration to through the work of the Jewish Na- ing us with little in the way of con- make deploying a qualified and well-or- tional Fund, they began to build a na- crete reassurances that our leap was a ganized monitoring team at the ear- tion. JNF purchased the land, devel- wise one. liest possible date a real priority. oped and built the infrastructure, and Specifically, I am referring to issue f planted the forests that made the coun- of the civilian bombing monitoring ADDITIONAL STATEMENTS try green. I am confident that through team. In the July hearing, I asked As- the dedication and hard work of the sistant Secretary of State for African Jewish National Fund, Israel will con- Affairs Walter Kansteiner about the IN RECOGNITION OF BISHOP tinue to thrive for the next 100 years bombing of civilian targets. Senator WILLIAM T. CAHOON and beyond. Danforth succeeded in getting both the ∑ Mr. TORRICELLI. Mr. President, I Since 1901, the Jewish National Fund Government of Sudan and the Suda- rise today to recognize the work of has planted over 220 million trees, built nese People’s Liberation Army to agree Bishop William T. Cahoon on the re- over 120 dams and reservoirs, developed to allow a monitoring team to verify cent Holy Convocation in New Jersey. over 250,000 acres of land, created more their stated commitment not to inten- For more than a quarter century, than 400 parks throughout Israel and tionally attack civilian targets. That Bishop Cahoon has dedicated himself to educated students around the world happened in spring. But at the time of bringing together the ministry and about Israel and the environment. The the hearing, we still had no monitors local communities. He currently serves Jewish National Fund is also active in on the ground. Meanwhile, reports of as the Jurisdictional Prelate for the funding arid land research and has attacks on civilians persist. What are Garden State Jurisdiction, Church of partnered with the USDA Forest Serv- we waiting for, I asked. When will the God in Christ, and in 1984 was elected ice and the Arizona-based Inter- team be functioning on the ground? and served as Secretary of the National national Arid Lands Consortium. I was told that this effort was taking Board of Trustees. During this time, he This past year marked a great mile- shape, and that the team would be has championed issues which empower stone for the Jewish National Fund. functioning by the end of August. But the family, church and community, The group celebrated a great century today, the team is still not in place, and is the founder of the Community and witnessed the birth of their dream: still not functioning. We cannot even Development Corporation, known as a thriving Jewish homeland. I wish the move to the very important work of the New Garden State Caring Families Jewish National Fund the best of luck trying to link documented incidents of and Neighborhoods, Inc. In 1997, he was as they embark on their second cen- attacks on civilians to clear con- recognized as one of the 100 Most Influ- tury of service.∑ sequences, because we remain, appar- ential Persons in the State of New Jer- f ently, incapable of deploying a quali- sey and was given the Man of Distinc- fied and appropriately equipped team TRIBUTE TO ALBERT GREENE tion Award of his Jurisdictional efforts CLAY of people with experience in Sudan and in 1998. in human rights monitoring. Bishop Cahoon has always believed ∑ Mr. MCCONNELL. Mr. President, I I spend a great deal of time trying to that ‘‘We must minister to the realities wish to pay tribute to the late Albert call the administration’s attention to of our unique communities through Greene Clay, a man whose contribu- very serious issues in sub-Saharan Af- whatever social, economic, political tions were instrumental to the tobacco rica that are deserving of more Amer- and spiritual means necessary.’’ It is and horse industries, and whose pres- ican time and interest. I do not have to this openness to new ideas of minis- ence was well-known at the University do that when it comes to Sudan. Bring- tering to the people of New Jersey that of Kentucky. ing peace to Sudan appears to me to be inspired the recent Holy Convocation, A native of Mount Sterling, KY, Al- this administration’s most significant the goal of which was to the paradigm bert received a bachelor’s degree from policy initiative in the region, and I shift to ministering in the 21st cen- Duke University in 1938, and attended commend the administration for its ef- tury. Harvard Business School in 1939. On forts. That said, this element of the ef- It was an honor to see Bishop Cahoon October 26, 1939, Albert married his col- fort, following up on the commitments at work during the recent Holy Con- lege sweetheart, Lorraine Case Newlin. obtained by Senator Danforth relating vocation and I wish him the best in his I would like to take this opportunity to the bombing of civilian targets, this mission.∑ to express my sincerest condolences to element of the effort is quite plainly f his family, especially his wife Lor- falling short. raine, his sons Robert and John, his If the administration needs addi- THE 100TH ANNIVERSARY OF THE daughter Charlotte Clay Buxton, and tional resources, personnel, or JEWISH NATIONAL FUND seven grandchildren. logistical capacity to make this hap- ∑ Mr. CORZINE. Mr. President, I rise Albert left behind a legacy as an indi- pen efficiently and effectively, I know to congratulate the Jewish National vidual whose contributions to the to- that many in Congress stand ready to Fund as the group celebrates its 100th bacco industry are far-reaching and help. Many of my colleagues have long anniversary on October 6, 2002. Without long-lasting. He played a key role in history of working to address the crisis the efforts of the Jewish National the establishment of the Burley Auc- in Sudan, notably my partner in on the Fund, the nation of Israel might very tion Warehouse Association in the African Affairs Subcommittee, Senator well not exist. Today, through the ef- 1940s, and continued his involvement FRIST, and I admire their commitment forts of the JNF, Israel not only exists by serving as chairman and president and their work. In calling attention to as a Jewish State, but flourishes de- of the organization’s board for 25 years. this issue, and in criticizing the admin- spite numerous geographic and polit- Albert’s leadership extended to the istration for its failure to move for- ical changes. national level, where he served as di- ward on the civilian bombing moni- The Jewish National Fund was estab- rector of the National Tobacco Tax toring issue, I do not seek to inject lished at the Fifth Zionist Congress in Council, Burley and Dark Leaf Tobacco

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.035 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8617 Export Association and Tobacco Grow- The park has the largest continuous perience was overcome by his tremen- ers Information Committee. In 1977, he stand of Ancient Coast Redwoods south dous work ethic and strong sense of was appointed by the Carter adminis- of . Additionally, Big community. Walter’s hard work and tration to serve on the Agriculture Basin Redwoods State Park is consid- dedication over the years have helped Policy Advisory Committee for Trade ered by many to be the birthplace of him succeed and grow as a small busi- Negotiations. both the park and environmental ness owner, and today, his two sons, Not only did Albert’s accomplish- movement in California. Jeff and Tom, share the business with ments encompass the tobacco industry, At the turn of the 20th century, the their father. but they also extended into another remaining redwood forests were dis- For the past 56 years Walter has been important facet of his native State— appearing at rate that threatened mas- the owner/president of Schramm Fur- the horse industry. Albert helped found sive destruction of the ancient trees. niture, Inc. At age 85, he continues to the American Horse Council in 1969, The only redwood forests left in Amer- work six days a week, nine hours a day. and continued to serve as secretary of ica ranged from Oregon to Big Sur. Walter opened his business with the the organization for many years. His Concerned citizens and organizations motto: ‘‘Provide good service to the passion for horses benefited students at such as the Sempervirens Club, per- customer and they will come back.’’ the University of Kentucky, where Al- suaded then-Governor Henry T. Gage Though times have changed, Walter’s bert played a vital role in the creation to sign legislation that would set aside motto has remained the same, and of the institution’s Equine Research land for a redwood park. today, just as 56 years ago, customers Foundation. He served as chairman Today, the ensuing generations of continue to return to Schramm Fur- there from 1988 to 1998 and was also in- those environmentally concerned citi- niture for its reliable customer service. strumental in the formation of UK’s zens are celebrating the 100th anniver- Walter’s tremendous contributions to Maxwell Gluck Equine Research Cen- sary of the preservation of the Cali- the community, and civic/business ter. Albert maintained his involvement fornia redwood lands. The perseverance leadership have set him apart from in the university, serving on the UK and dedication to protecting primeval other outstanding senior workers. He is board of trustees, and as chairman of forest places that the founders of the a member of the Chamber of Commerce the board for several years. Big Basin Redwoods State Park exem- and Rotary International, Trinity Lu- I would like to express my apprecia- plified are recognized and celebrated theran Church, the SD Retailers Asso- tion for Albert Greene Clay’s out- today. Without such dedication to the ciation, the Winner Athletic Associa- standing contributions to both the environmental movement hundreds of tion, and a lifetime member of the Commonwealth of Kentucky, and the forests across the country would have American Legion and VFW. ∑ entire United States. been destroyed. This prestigious honor is a reflection f The Big Basin Redwoods State Park of his extraordinary service and com- LOCAL LAW ENFORCEMENT ACT contains both cultural and historical mitment to the Winner community. OF 2001 sites of national importance, wildlife Through his outstanding community habitats, natural ecological preserves, ∑ Mr. SMITH of Oregon. Mr. President, involvement and dedication to service, I rise today to speak about hate crimes and recreational opportunities for the the lives of countless South Dakotans legislation I introduced with Senator public. The Big Basin Redwoods State have been enormously enhanced. His Park is a unique and uncommon place wonderful example serves as a model KENNEDY in March of last year. The Local Law Enforcement Act of 2001 of historical and primeval environ- for other hard working and dedicated would add new categories to current mental importance. Therefore, special individuals throughout South Dakota hate crimes legislation sending a sig- recognition is deserved on September to emulate. nal that violence of any kind is unac- 13, 2002, the 100th anniversary of its Walter Schramm is an extraordinary ∑ ceptable in our society. founding. person who richly deserves this distin- I would like to describe a terrible f guished recognition. I strongly com- mend his years of hard work and dedi- crime that occurred July 20, 2001, in HONORING WALTER J. SCHRAMM cation, and I am very pleased that his Cullman, AL. Two black men were at- THE OUTSTANDING OLDER substantial efforts are being publicly tacked inside their car after arriving at WORKER OF SOUTH DAKOTA FOR honored and celebrated. It is with great a party. The assailants, three white 2001 men, smashed the car with baseball honor that I share his impressive ac- ∑ bats and cut a racial slur into the side Mr. JOHNSON. Mr. President, I wish complishments with my colleagues.∑ of the car. Authorities investigated the to publicly commend Walter Schramm, f a resident of Winner, SD, on his selec- incident as a possible hate crime. HONORING RUSSELL WYATT THE I believe that Government’s first tion as last year’s Outstanding Older Worker of South Dakota. OUTSTANDING OLDER WORKER duty is to defend its citizens, to defend OF SOUTH DAKOTA FOR 2002 them against the harms that come out The Outstanding Older Worker award of hate. The Local Law Enforcement is sponsored by Experience Works a na- ∑ Mr. JOHNSON. Mr. President, I wish Enhancement Act of 2001 is now a sym- tional, nonprofit organization that pro- to publicly commend Russell Wyatt, a bol that can become substance. I be- vides training and employment serv- resident of Hot Springs, on his selec- lieve that by passing this legislation ices for mature workers. Walter will be tion as this year’s Outstanding Older and changing current law, we can honored in Washington, D.C., Sep- Worker of South Dakota. change hearts and minds as well.∑ tember 17–21, at the annual Experience The Outstanding Older Worker award Works Prime Time Awards Program. is sponsored by Experience Works, a f He will join 51 other outstanding older national, nonprofit organization that 100TH ANNIVERSARY OF BIG BASIN workers representing each State, the provides training and employment REDWOODS STATE PARK District of Columbia, and Puerto Rico. services for mature workers. Russell ∑ Mrs. FEINSTEIN. Mr. President, I Due to the tragic incidents of Sep- will be honored in Washington, D.C., rise today to congratulate the Big tember 11, 2001, and the subsequent September 17–21, at the annual Experi- Basin Redwoods State Park of Santa cancellation of the Experience Works ence Works Prime Time Awards Pro- Cruz County in California on their Prime Time Awards Program, Walter gram. He will join 51 other outstanding 100th anniversary. will be recognized at this year’s event. older workers representing each State, Established in 1902, Big Basin Red- After serving in the Pacific theater the District of Columbia, and Puerto woods State Park is California’s oldest in World War II as a Marine Air Corps Rico. State park. Big Basin Redwoods is the pilot, Walter returned to the United At age 76, Russell Wyatt continues to birthplace of the original coastal red- States to complete his military service own and operate Wyatt’s Real Estate wood conservation movement. Today and start a career. With little money, and Appraisal Service in Hot Springs. the results of the conservation move- and no retail experience, he opened the Russell’s hard work and dedication ment can be seen in the 18,000-plus Schramm Furniture store in Winner. over the years has helped him succeed acres of California redwood forest. His lack of business knowledge and ex- and grow as a small business owner.

VerDate Sep 04 2002 01:37 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.063 S13PT1 S8618 CONGRESSIONAL RECORD — SENATE September 13, 2002 His entrepreneurial spirit has led to table achievements and his engaging SUBMISSION OF CONCURRENT AND many tremendous accomplishments, personality have made a lasting impact SENATE RESOLUTIONS and helped him adapt to a rapidly on all of us. He will not be soon forgot- The following concurrent resolutions ∑ changing workplace. ten. and Senate resolutions were read, and However, it is Russell’s tremendous referred (or acted upon), as indicated: contributions to the community, civic f leadership, and volunteer work that set By Ms. STABENOW (for herself and Mr. LEVIN): him apart from other outstanding sen- EXECUTIVE AND OTHER COMMUNICATIONS S. Res. 327. A resolution honoring Ernie ior workers. He helped organize the Harwell; considered and agreed to. Oral Volunteer Fire Department and The following communication was f Southern Hill’s Real Estate Board, pro- laid before the Senate, together with mote the Miss South Dakota Pagaent, accompanying papers, reports, and doc- ADDITIONAL COSPONSORS and bring a Pamida Store and Civic uments, which was referred as indi- S. 987 Center to Hot Springs. Hot Springs cated: At the request of Mr. TORRICELLI, the residents have come to count on his EC–9007. A communication from the Dep- name of the Senator from Washington hard work and dependability. uty Congressional Liaison, Board of Gov- (Ms. CANTWELL) was added as a cospon- This prestigious honor is a reflection ernors of the Federal Reserve System, trans- of his extraordinary service and com- sor of S. 987, a bill to amend title XIX mitting, pursuant to law, the report of a rule of the Social Security Act to permit mitment to the Hot Springs commu- entitled ‘‘Amendment to Regulation H nity. Through his outstanding commu- (Membership of State Banking Institutions States the option to provide medicaid nity involvement and dedication to in the Federal Reserve System)—Reporting coverage for low-income individuals in- service, the lives of countless South and Disclosure Requirement for State Mem- fected with HIV. Dakotans have been enormously en- ber Banks with Securities Registered under S. 1103 the Securities Exchange Act of 1934’’ (Doc. hanced. His wonderful example serves At the request of Mr. ROCKEFELLER, No. R–1129) received on September 10, 2002; to the name of the Senator from South as a model for other hard working and the Committee on Banking, Housing, and dedicated individuals throughout Urban Affairs. Dakota (Mr. JOHNSON) was added as a South Dakota to emulate. cosponsor of S. 1103, a bill to amend Russell Wyatt is an extraordinary f title 49, United States Code, to enhance person who richly deserves this distin- competition among and between rail guished recognition. I strongly com- REPORTS OF COMMITTEES carriers in order to ensure efficient rail mend his years of hard work and dedi- The following reports of committees service and reasonable rail rates in any cation, and I am very pleased that his were submitted: case in which there is an absence of ef- substantial efforts are being publicly By Mr. BINGAMAN, from the Committee fective competition, and for other pur- honored and celebrated. It is with great on Energy and Natural Resources, with an poses. honor that I share his impressive ac- amendment in the nature of a substitute: S. 1678 ∑ complishments with my colleagues. S. 1865: A bill to authorize the Secretary of At the request of Mr. MCCAIN, the f the Interior to study the suitability and fea- name of the Senator from Washington sibility of establishing the Lower Los Ange- (Ms. CANTWELL) was added as a cospon- IRA YELLIN: IN MEMORIAM les River and San Gabriel River watersheds sor of S. 1678, a bill to amend the Inter- ∑ Mrs. FEINSTEIN. Mr. President, I in the State of California as a unit of the Na- nal Revenue Code of 1986 to provide wish to pay tribute to Ira Yellin, who tional Park System, and for other purposes. that a member of the uniformed serv- passed away on September 10. He was (Rept. No. 107–279). ices or the Foreign Service shall be only 62 years old. S. 2222: A bill to resolve certain convey- ances and provide for alternative land selec- My heart goes out to his wife, Adele, treated as using a principal residence tions under the Alaska Native Claims Settle- while away from home on qualified of- to his daughter Jessica and his son ment Act related to Cape Fox Corporation Seth, to his mother Dorothy and his ficial extended duty in determining the and Sealaska Corporation, and for other pur- exclusion of gain from the sale of such two brothers, Marc and Albert. poses. (Rept. No. 107–280). Ira was a true visionary, a man who residence. championed the restoration of down- f S. 1785 town Los Angeles long before it was At the request of Mr. CLELAND, the popular. INTRODUCTION OF BILLS AND name of the Senator from Wisconsin His own restoration of the Grand JOINT RESOLUTIONS (Mr. FEINGOLD) was added as a cospon- Central Market, an enduring emblem The following bills and joint resolu- sor of S. 1785, a bill to urge the Presi- of the ethnic diversity that is Los An- tions were introduced, read the first dent to establish the White House Com- geles, is perhaps the greatest of his and second times by unanimous con- mission on National Military Apprecia- many accomplishments as a real estate sent, and referred as indicated: tion Month, and for other purposes. developer. By Mr. JOHNSON: S. 1990 Yet Ira was involved in so much more S. 2934. A bill to amend title 36, United At the request of Mrs. MURRAY, the than real estate. He was a civic and States Code, to clarify the requirements for name of the Senator from Delaware community leader, and served as a past eligibility in the American Legion; to the (Mr. CARPER) was added as a cosponsor president of the American Jewish Com- Committee on the Judiciary. of S. 1990, a bill to establish a public mittee and a member of the board of By Ms. LANDRIEU: education awareness program relating S. 2935. A bill to amend the Public Health the Skirball Cultural Center and the J. to emergency contraception. Paul Getty Trust. Service Act to provide grants for the oper- S. 2026 The son of a Talmudic scholar, an ex- ation of mosquito control programs to pre- vent and control mosquito-borne diseases; to Marine, an urban pioneer, a political At the request of Mr. LUGAR, the the Committee on Health, Education, Labor, name of the Senator from New York and social activist, Ira was an opti- and Pensions. mistic man of boundless energy. Not (Mr. SCHUMER) was added as a cospon- By Mr. ALLEN: sor of S. 2026, a bill to authorize the use even the lung cancer that he battled so S. 2936. A bill to amend chapter 84 of title bravely over the last year could slow 5, United States Code, to provide that cer- of Cooperative Threat Reduction funds him down. tain Federal annuity computations are ad- for projects and activities to address Up until the very end of his life he justed by 1 percent relating to periods of re- proliferation threats outside the states maintained his commitment to his ceiving disability payments, and for other of the former Soviet Union, and for work, to his community and, above all, purposes; to the Committee on Govern- other purposes. mental Affairs. S. 2122 to his loving family, in a way which By Mr. EDWARDS: has earned my highest admiration and S. 2937. A bill to establish the Blue Ridge At the request of Mrs. CARNAHAN, the my deepest affection. National Heritage Area in the State of North names of the Senator from Washington Ira Yellin was a wonderful man who Carolina, and for other purposes; to the Com- (Mrs. MURRAY) and the Senator from will be sorely missed, yet both his no- mittee on Energy and Natural Resources. New Jersey (Mr. TORRICELLI) were

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.032 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8619 added as cosponsors of S. 2122, a bill to S. CON. RES. 11 propriations for the Department of the provide for an increase in funding for At the request of Mrs. FEINSTEIN, the Interior and related agencies for the research on uterine fibroids through names of the Senator from Vermont fiscal year ending September 30, 2003, the National Institutes of Health, and (Mr. LEAHY) and the Senator from Utah and for other purposes. to provide for a program to provide in- (Mr. BENNETT) were added as cospon- f formation and education to the public sors of S. Con. Res. 11, A concurrent STATEMENTS ON INTRODUCED on such fibroids. resolution expressing the sense of Con- BILLS AND JOINT RESOLUTIONS S. 2184 gress to fully use the powers of the By Mr. JOHNSON: At the request of Mr. BREAUX, the Federal Government to enhance the S. 2934. A bill to amend title 36, name of the Senator from California science base required to more fully de- United States Code, to clarify the re- (Mrs. BOXER) was added as a cosponsor velop the field of health promotion and quirements for eligibility in the Amer- of S. 2184, a bill to provide for the disease prevention, and to explore how ican Legion; to the Committee on the reissuance of a rule relating to strategies can be developed to inte- grate lifestyle improvement programs Judiciary. ergonomics. Mr. JOHNSON. Mr. President, I rise S. 2633 into national policy, our health care system, schools, workplaces, families today to introduce the American Le- At the request of Mr. LEAHY, his and communities. gion Amendment Act to make tech- name was withdrawn as a cosponsor of nical changes to the membership quali- S. CON. RES. 107 S. 2633, a bill to prohibit an individual fications in the Federal charter of the At the request of Mr. CRAIG, the from knowingly opening, maintaining, American Legion. managing, controlling, renting, leas- name of the Senator from Nevada (Mr. Under the American Legion’s current ing, making available for use, or prof- ENSIGN) was added as a cosponsor of S. charter, a veteran who leaves the iting from any place for the purpose of Con. Res. 107, A concurrent resolution Armed Services may become a member manufacturing, distributing, or using expressing the sense of Congress that of the American Legion if he or she any controlled substance, and for other Federal land management agencies served since ‘‘August 2, 1990 through purpose. should fully support the Western Gov- the date of cessation of hostilities, as ernors Association ‘‘Collaborative 10- S. 2734 decided by the United States Govern- year Strategy for Reducing Wildland At the request of Mr. KERRY, the ment’’ and ‘‘was honorably discharged Fire Risks to Communities and the En- name of the Senator from Illinois (Mr. or separated from that service or con- vironment’’, as signed August 2001, to DURBIN) was added as a cosponsor of S. tinues to serve honorably after that pe- reduce the overabundance of forest 2734, a bill to provide emergency assist- riod.’’ At this point, the United States fuels that place national resources at ance to non-farm small business con- Government has not issued a cessation high risk of catastrophic wildfire, and cerns that have suffered economic of hostilities decision for U.S. military prepare a National prescribed Fire harm from the devastating effects of operations during this period. For Strategy that minimizes risks of es- drought. those military men and women who are cape. no longer serving, they have discharge S. 2816 S. CON. RES. 129 papers stating they served honorably At the request of Mr. BAUCUS, the At the request of Mr. CRAPO, the during that period which makes them names of the Senator from Arkansas names of the Senator from South Da- qualified for American Legion member- (Mr. HUTCHINSON) and the Senator from kota (Mr. DASCHLE) and the Senator ship. Yet, servicemembers who served Washington (Ms. CANTWELL) were from Nevada (Mr. REID) were added as since August 2, 1990, and are still on ac- added as cosponsors of S. 2816, a bill to cosponsors of S. Con. Res. 129, A con- tive duty, have no discharge papers for amend the Internal Revenue Code of current resolution expressing the sense the period, and are not officially serv- 1986 to improve tax equity for military of Congress regarding the establish- ing after the cessation of hostilities. personnel, and for other purposes. ment of the month of November each Therefore, they are not eligible for S. 2869 year as ‘‘Chronic Obstructive Pul- membership in the American Legion At the request of Mr. JOHNSON, his monary Disease Awareness Month’’. despite their dedicated service in our name was added as a cosponsor of S. S. CON. RES. 136 nation’s Armed Forces. 2869, a bill to facilitate the ability of At the request of Mr. BAUCUS, the The bill that I am introducing today certain spectrum auction winners to names of the Senator from Maine (Ms. would change the standard for a vet- pursue alternative measures required COLLINS) and the Senator from Georgia eran to qualify for membership in the in the public interest to meet the needs (Mr. MILLER) were added as cosponsors American Legion to ‘‘continues to of wireless telecommunications con- of S. Con. Res. 136, A concurrent reso- serve during or after that period.’’ This sumers. lution requesting the President to change would make it clear that mem- S. 2869 issue a proclamation in observance of bership is open to the thousands of ac- At the request of Mr. KERRY, the the 100th Anniversary of the founding tive duty personnel who served during names of the Senator from Massachu- of the International Association of operations Desert Shield and Desert setts (Mr. KENNEDY), the Senator from Fish and Wildlife Agencies. Storm, in addition to the operations that followed in Iraq, Bosnia, Kosovo, Louisiana (Mr. BREAUX), the Senator AMENDMENT NO. 4510 from Wisconsin (Mr. KOHL) and the and Afghanistan. At the request of Mr. BAYH, the name As my colleagues in the Senate Senator from Oregon (Mr. WYDEN) were of the Senator from Illinois (Mr. DUR- added as cosponsors of S. 2869, supra. know, the American Legion continues BIN) was added as a cosponsor of to be one of our Nation’s most effective S.J. RES. 35 amendment No. 4510 intended to be pro- advocates on behalf of America’s vet- At the request of Mrs. FEINSTEIN, the posed to H.R. 5005, a bill to establish erans, as well as a pre-eminent service name of the Senator from Georgia (Mr. the Department of Homeland Security, organization. The American Legion has MILLER) was added as a cosponsor of and for other purposes. grown to nearly 3 million members S.J. Res. 35 , A joint resolution pro- AMENDMENT NO. 4518 whose efforts are truly making a dif- posing an amendment to the Constitu- At the request of Mr. CRAIG, the ference in communities throughout our tion of the United States to protect the names of the Senator from Idaho (Mr. country. As the father of a son who rights of crime victims. CRAPO), the Senator from Nebraska served in Bosnia, Kosovo, and Afghani- S. RES. 326 (Mr. HAGEL), the Senator from Colo- stan, I am pleased to offer the Amer- At the request of Mr. BIDEN, the rado (Mr. CAMPBELL), the Senator from ican Legion Amendment Act that will names of the Senator from Mississippi Utah (Mr. HATCH), the Senator from offer him and his military colleagues (Mr. COCHRAN) and the Senator from Utah (Mr. BENNETT), the Senator from the opportunity and the honor to join New York (Mr. SCHUMER) were added as Oregon (Mr. SMITH) and the Senator the American Legion. cosponsors of S. Res. 326, A resolution from Nevada (Mr. ENSIGN) were added I ask unanimous consent that the designating October 18, 2002, as ‘‘Na- as cosponsors of amendment No. 4518 text of the bill be printed in the tional Mammography Day’’. proposed to H.R. 5093, a bill making ap- RECORD.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.021 S13PT1 S8620 CONGRESSIONAL RECORD — SENATE September 13, 2002 There being no objection, the bill was share to avoid leaving standing water S. 2935 ordered to be printed in the RECORD, as and other mosquito havens. Two-thirds Be it enacted by the Senate and House of Rep- follows: of Louisiana’s population is covered by resentatives of the United States of America in S. 2934 an active mosquito control program Congress assembled, Be it enacted by the Senate and House of Rep- and those without mosquito control SECTION 1. SHORT TITLE. resentatives of the United States of America in programs are using spray trucks pro- This Act may be cited as the ‘‘Mosquito Congress assembled, vided by the Louisiana Department of Abatement for Safety and Health Act’’. SECTION 1. CLARIFICATION OF REQUIREMENTS Agriculture and Forestry. SEC. 2. GRANTS REGARDING PREVENTION OF FOR ELIGIBILITY IN THE AMERICAN MOSQUITO-BORNE DISEASES. LEGION. One might think that given the na- Part B of title III of the Public Health Section 21703(2) of title 36, United States tional public health threat imposed by Service Act (42 U.S.C. 243 et seq.), as amend- Code, is amended by inserting ‘‘during or’’ the spread of West Nile that there ed by section 4 of Public Law 107–84 and sec- after ‘‘continues to serve honorably’’. would already be Federal funding of tion 312 of Public Law 107–188, is amended— this type available. Natural disasters (1) by transferring section 317R so as to ap- By Ms. LANDRIEU: such as this require the Federal, State pear after section 317Q; and S. 2935. A bill to amend the Public (2) by inserting after section 317R (as so and local governments to work to- transferred) the following: Health Service Act to provide grants gether in a coordinated fashion to for the operation of mosquito control ‘‘SEC. 317S. MOSQUITO-BORNE DISEASES; ASSESS- bring immediate relief to affected citi- MENT AND CONTROL GRANTS TO PO- programs to prevent and control mos- zens, to educate the public, and to pre- LITICAL SUBDIVISIONS; COORDINA- quito-borne diseases; to the Committee vent the disease from inflicting further TION GRANTS TO STATES. on Health, Education, Labor, and Pen- harm. Our Nation’s first experience ‘‘(a) PREVENTION AND CONTROL GRANTS TO sions. with the West Nile Virus taught us POLITICAL SUBDIVISIONS.— ‘‘(1) IN GENERAL.—The Secretary, acting Ms. LANDRIEU. Mr. President, as that effective treatment and preven- you know, the State of Louisiana, through the Director of the Centers for Dis- tion of this deadly disease also requires ease Control and Prevention, may make along with many other States, has for coordination among the many Federal the past several months been under grants to political subdivisions of States for agencies with expertise and jurisdic- the operation of mosquito control programs siege. The enemy is small, but power- tion. The formation of a West Nile to prevent and control mosquito-borne dis- ful, and great in number. Hard to de- Virus Coordinating Committee, chaired eases (referred to in this section as ‘control tect, they sneak up on you and with by CDC and composed of representa- programs’). one attack, they can change your life tives from USDA, the United States ‘‘(2) PREFERENCE IN MAKING GRANTS.—In making grants under paragraph (1), the Sec- forever. To date, 10 Louisianans have Geological Survey’s National Wildlife lost their lives in our war against mos- retary shall give preference to political sub- Health Center, the Environmental Pro- divisions that— quitos and the West Nile virus that tection Agency, and the Defense De- they carry and 222 more have been in- ‘‘(A) have an incidence or prevalence of partment was the first step in this di- mosquito-borne disease, or a population of jured. In Baton Rouge, our State cap- rection. infected mosquitoes, that is substantial rel- ital, 42 people have been reported to Louisiana’s experience, thus far, has ative to other political subdivisions; have been infected with the disease and proven the necessity of this coordi- ‘‘(B) demonstrate to the Secretary that the three have died. Only Illinois, with 292 political subdivisions will, if appropriate to nated approach. However, Federal lead- human cases and 11 deaths, has experi- the mosquito circumstances involved, effec- ership must continue to be strength- enced more casualties from the virus tively coordinate the activities of the con- ened, and coordination must continue than Louisiana. trol programs with contiguous political sub- I am here this morning to introduce to be improved between Federal agen- divisions; and ‘‘(C) demonstrate to the Secretary (di- legislation that asks for Federal assist- cies involved in West Nile. One of the shortfalls, and perhaps the easiest to rectly or through State officials) that the ance for States to ‘‘M.A.S.H.’’ out this State in which the political subdivision is lo- predator and stop the spread of this address, is the lack of an effective funding source for mosquito control. In cated has identified or will identify geo- disease. Throughout the history of graphic areas in the State that have a sig- Louisiana, spraying for mosquitos and August of this year, the CDC endowed nificant need for control programs and will dredging the water they breed in has the state of Louisiana with $3.4 million effectively coordinate such programs in such been a common occurrence. Until now, to use in the fight against West Nile. areas. however, it was done because mos- The CDC money, though, cannot be ‘‘(3) REQUIREMENT OF ASSESSMENT AND PLAN.—A grant may be made under para- quitos were pests and they could carry spent on chemicals or spraying, rather it must be spent on surveillance, edu- graph (1) only if the political subdivision in- deadly germs. Now, our State and local volved— officials are spraying around the clock cation and testing. It is for this reason that our Governor, and the Governor of ‘‘(A) has conducted an assessment to deter- in a desperate race to control the worst mine the immediate needs in such subdivi- outbreak of West Nile the Western Mississippi appealed to FEMA for their sion for a control program, including an en- hemisphere has ever seen. There is no help in increasing much needed abate- tomological survey of potential mosquito specific treatment for West Nile, nor a ment activities. This request was de- breeding areas; and vaccine. The most effective way to pro- nied. ‘‘(B) has, on the basis of such assessment, West Nile is one of many vector developed a plan for carrying out such a pro- tect our citizens against this deadly gram. virus is to stop it before it happens. borne diseases spread from birds to hu- mans by mosquitos. If our Nation’s ‘‘(4) REQUIREMENT OF MATCHING FUNDS.— I think that is clear that there is an ‘‘(A) IN GENERAL.—With respect to the urgent need for this bill to become law. public health system is to respond ac- costs of a control program to be carried out If passed, it can have an immediate ef- cordingly, then they must have the aid under paragraph (1) by a political subdivi- fect in saving on the lives of people in of effective mosquito abatement pro- sion, a grant under such paragraph may be my State and throughout the nation. I grams. This bill puts that system in made only if the subdivision agrees to make want to be clear, however, that this is place. I am pleased to by joined by my available (directly or through donations not an effort to supplant state’s re- senior Senator from Louisiana, as well from public or private entities) non-Federal as Senators GREGG and HUTCHISON. I contributions toward such costs in an sponsibility in this area, but to supple- 1 am hopeful that before long this bill amount that is not less than ⁄3 of such costs ment it. Our State has and will con- ($1 for each $2 of Federal funds provided in tinue to dedicate a great deal of State will be supported by the majority of the grant). and local resources toward ‘‘Fighting the Senate. I ask the majority leader ‘‘(B) DETERMINATION OF AMOUNT CONTRIB- the Bite.’’ On September 5, 2002, the for his help in seeing to it that this bill UTED.—Non-Federal contributions required State of Louisiana began distributing is passed as soon as possible. in subparagraph (A) may be in cash or in $3.4 million in state funds to support I ask unanimous consent that the kind, fairly evaluated, including plant, the local governments in their efforts text of the bill be printed in the equipment, or services. Amounts provided by the Federal Government, or services assisted RECORD. to combat West Nile. The Department or subsidized to any significant extent by the of Health and Hospitals is spending There being no objection, the bill was Federal Government, may not be included in over $200,000 on a public education ordered to be printed in the RECORD, as determining the amount of such non-Federal campaign asking people to do their follows: contributions.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.024 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8621

‘‘(C) WAIVER.—The Secretary may waive fiscal year may not exceed $10,000. A State authorities that are needed to protect the the requirement established in subparagraph may not receive more than one grant under blood supply and blood product supply from (A) if the Secretary determines that extraor- such paragraph. the West Nile virus; and dinary economic conditions in the political ‘‘(d) APPLICATIONS FOR GRANTS.—A grant (5) the Commissioner of Food and Drugs, subdivision involved justify the waiver. may be made under subsection (a), (b), or (c) keeping with procedures to maximize the ‘‘(5) REPORTS TO SECRETARY.—A grant may only if an application for the grant is sub- protection of the public health, should expe- be made under paragraph (1) only if the po- mitted to the Secretary and the application dite review of appropriate blood screening litical subdivision involved agrees that, is in such form, is made in such manner, and tests for the West Nile virus. promptly after the end of the fiscal year for contains such agreements, assurances, and Mr. BREAUX. Mr. President, the which the grant is made, the subdivision will information as the Secretary determines to West Nile virus has reached epidemic submit to the Secretary, and to the State be necessary to carry out this section. proportions. My home State of Lou- within which the subdivision is located, a re- ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- port that describes the control program and retary may provide training and technical isiana has seen cases of the disease contains an evaluation of whether the pro- assistance with respect to the planning, de- skyrocket in recent months, with 222 gram was effective. velopment, and operation of control pro- cases and 9 deaths reported to date. ‘‘(6) AMOUNT OF GRANT; NUMBER OF grams under subsection (a) and assessments But this is not a problem isolated in GRANTS.—A grant under paragraph (1) for a and plans under subsection (b). The Sec- one State or one region. The Centers fiscal year may not exceed $100,000. A polit- retary may provide such technical assistance for Disease Control, CDC, have re- ical subdivision may not receive more than directly or through awards of grants or con- ported cases of this mosquito-borne ill- one grant under such paragraph. tracts to public and private entities. ‘‘(b) ASSESSMENT GRANTS TO POLITICAL ‘‘(f) DEFINITIONS.—For purposes of this sec- ness in humans in 30 States and the SUBDIVISIONS.— tion: District of Columbia. It is clear, as we ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(1) CONTROL PROGRAM.—The term ‘control have seen in Louisiana, that State gov- through the Director of the Centers for Dis- program’ has the meaning indicated for such ernments are overtaxed in money and ease Control and Prevention, may make term in subsection (a)(1). man-power and simply cannot continue grants to political subdivisions of States to ‘‘(2) POLITICAL SUBDIVISION.—The term ‘po- to fight the spread of this disease on conduct the assessments and to develop the litical subdivision’ means the local political their own. The Federal Government plans that are required in paragraph (3) of jurisdiction immediately below the level of needs to work hard and fast to combat subsection (a) as a condition of receiving a State government, including counties, par- grant under paragraph (1) of such subsection. ishes, and boroughs. If State law recognizes this potential public health crisis and ‘‘(2) AMOUNT OF GRANT; NUMBER OF an entity of general government that func- assist the hardest hit areas in pre- GRANTS.—A grant under paragraph (1) for a tions in lieu of, and is not within, a county, venting the loss of even more lives. fiscal year may not exceed $10,000. A polit- parish, or borough, the Secretary may recog- Earlier this year, my colleagues in ical subdivision may not receive more than nize an area under the jurisdiction of such the House of Representatives, Con- one grant under such paragraph. other entities of general government as a po- gressmen BILLY TAUZIN and CHRIS ‘‘(c) COORDINATION GRANTS TO STATES.— litical subdivision for purposes of this Act. JOHN, introduced legislation that ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— through the Director of the Centers for Dis- For the purpose of carrying out this section, would make grants available through ease Control and Prevention, may make there are authorized to be appropriated the CDC to help States in establishing grants to States for the purpose of coordi- $100,000,000 for fiscal year 2003, and such sums and maintaining mosquito control pro- nating control programs in the State. as may be necessary for each of the fiscal grams and prevent mosquito-borne ill- ‘‘(2) PREFERENCE IN MAKING GRANTS.—In years 2004 through 2007. In the case of control nesses. Today Senator LANDRIEU and I making grants under paragraph (1), the Sec- programs carried out in response to a mos- have introduced companion legislation retary shall give preference to States that quito-borne disease that constitutes a public have one or more political subdivisions with to the House bill, The Mosquito Abate- health emergency, the authorization of ap- ment for Health and Safety Act, H.R. an incidence or prevalence of mosquito-borne propriations under the preceding sentence is disease, or a population of infected mosqui- in addition to applicable authorizations of 4793, of the same title in an effort to toes, that is substantial relative to political appropriations under the Public Health Se- quickly make resources available to subdivisions in other States. curity and Bioterrorism Preparedness and local governments in Louisiana and ‘‘(3) CERTAIN REQUIREMENTS.—A grant may Response Act of 2002.’’. across the country that have been on be made under paragraph (1) only if— SEC. 3. RESEARCH PROGRAM OF NATIONAL IN- the front lines fighting the spread of ‘‘(A) the State involved has developed, or STITUTE OF ENVIRONMENTAL the West Nile outbreak. agrees to develop, a plan for coordinating HEALTH SCIENCES. Both bills would provide money to control programs in the State, and the plan Subpart 12 of part C of title IV of the Pub- takes into account any assessments or plans lic Health Service Act (42 U.S.C. 285 et seq.) improve assessment tools, including described in subsection (a)(3) that have been is amended by adding at the end the fol- surveys of potential mosquito breeding conducted or developed, respectively, by po- lowing: areas, and support research initiatives litical subdivisions in the State; ‘‘SEC. 463B. METHODS OF CONTROLLING CER- to develop methods of controlling in- ‘‘(B) in developing such plan, the State TAIN INSECT POPULATIONS. sect populations that spread disease consulted or will consult (as the case may be ‘‘The Director of the Institute shall con- and pose a health threat to humans. In under subparagraph (A)) with political sub- duct or support research to identify or de- disbursing grant monies, the CDC divisions in the State that are carrying out velop methods of controlling the population would give priority to those areas with or planning to carry out control programs; of insects that transmit to humans diseases and that have significant adverse health con- reported instances of mosquito-borne ‘‘(C) the State agrees to monitor control sequences.’’. illnesses in humans or animals. programs in the State in order to ensure SEC. 4. SENSE OF THE SENATE CONCERNING THE The country is experiencing an out- that the programs are carried out in accord- WEST NILE VIRUS. break that is both unfortunate and ance with such plan, with priority given to It is the sense of the Senate that— alarming. Only through improved co- coordination of control programs in political (1) the West Nile virus raises concerns ordination of state and federal agencies subdivisions described in paragraph (2) that about the safety of the nation’s blood supply can we begin to address this problem are contiguous. and every effort should be made to protect and spare further cases of this deadly ‘‘(4) REPORTS TO SECRETARY.—A grant may blood and blood products recipients from in- be made under paragraph (1) only if the fection with the virus; disease. State involved agrees that, promptly after (2) the Food and Drug Administration f the end of the fiscal year for which the grant should comprehensively review its protocols SUBMITTED RESOLUTIONS is made, the State will submit to the Sec- and regulations for screening of blood and retary a report that— platelet donors and their donated specimens, ‘‘(A) describes the activities of the State and report to Congress on the ability of under the grant; and these protocols to protect the blood supply SENATE RESOLUTION 327— ‘‘(B) contains an evaluation of whether the from West Nile virus; HONORING ERNIE HARWELL control programs of political subdivisions in (3) on the basis of a review conducted as Ms. STABENOW (for herself and Mr. the State were effectively coordinated with provided for in paragraph (2), the Commis- LEVIN) submitted the following resolu- each other, which evaluation takes into ac- sioner of Food and Drugs should revise pro- tion; which was considered and agreed count any reports that the State received tocols and regulations to protect the blood to: under subsection (a)(5) from such subdivi- supply and blood products supply from West sions. Nile virus to the maximum extent possible; S. RES. 327 ‘‘(5) AMOUNT OF GRANT; NUMBER OF (4) the Commissioner of Food and Drugs Whereas Ernie Harwell worked as a Major GRANTS.—A grant under paragraph (1) for a should make recommendations on additional League Baseball broadcaster for 55 years and

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.028 S13PT1 S8622 CONGRESSIONAL RECORD — SENATE September 13, 2002 as the signature voice of the $12,000,000 shall be made available, and shall the last 42 years, Ernie has served as for 42 of those years; remain available until expended, for recon- the voice of the Tigers, and I know Whereas Ernie Harwell’s voice brought the struction of the portion of Interstate Route that Detroit fans, as well as baseball game of baseball to life for Tiger fans, and he 40 spanning the Arkansas River in the State fans everywhere, will miss Ernie’s dis- was voted Michigan Sportscaster of the year of Oklahoma that was destroyed as a result 17 times; of a barge collision that occurred on May 26, tinctive voice and irreplaceable base- Whereas Ernie Harwell had such a love of 2002. ball wit. In a city rich with baseball baseball that, upon meeting Babe Ruth as a (b) CONDITION.—The condition described in tradition, Ernie is as much of a part of child, he had ‘‘The Babe’’ autograph his shoe this subsection is that the State of Okla- Tiger baseball as the Olde English D because he did not have paper; homa agree that the Federal Government and . Whereas Ernie Harwell called the 1968 and shall— For four decades, Ernie Harwell’s that crowned the Tigers (1) be subrogated to all claims of the State unwaveringly calm voice has provided world champions; of Oklahoma for amounts necessary to re- Tigers fans with an incomparable mix- Whereas in 1948, Ernie Harwell became the construct the destroyed portion of Interstate ture of play-by-play description, base- only broadcaster to be traded for a player Route 40 against each entity determined to when , general manager of the be responsible for the collision, not to exceed ball history, and sensible statistics. Dodgers, traded Cliff Dapper to the $12,000,000 in the aggregate; and Much of Ernie’s appeal grew out of the Crackers for Harwell; (2) have authority to pursue such claims as fact that he almost never lets emotion Whereas Ernie Harwell’s memorable mo- are necessary to recover any amounts up to overtake him. He lets his words, his de- ments include broadcasting the debut of $12,000,000 that are not paid to the State by scription of the game, paint a vivid pic- in 1951, Bobby Thomson’s ‘‘shot those entities. ture of the events for the listeners at heard ’round the world’’ that same year, and (c) REIMBURSEMENT AND REOBLIGATION OF home. ’s no-hitter against the New FUNDS.—Federal funds obligated before the Ernie Harwell was born on January York Yankees in 1958; date of enactment of this Act for the recon- Whereas on August 2, 1981, Ernie Harwell struction described in subsection (a)— 25, 1918, in Washington, GA. As a boy, became the fifth broadcaster to be inducted (1) may be reimbursed from funds available he delivered newspapers on a route into the Baseball Hall of Fame; under this section; and that included the famed author Mar- Whereas Ernie Harwell brought to life, (2) if reimbursed under paragraph (1), shall garet Mitchell’s home. Before launch- through the medium of radio, the perform- be immediately available to the State of ing his sports career, Ernie served as a ances of some of baseball’s greats, such as Oklahoma for reobligation. Marine in World War II. He also acted , , , (d) EMERGENCY REQUIREMENT.—The entire in several movies including ‘‘One Flew Denny McLain, , and many amount made available under this section is Over the Cuckoo’s Nest.’’ He began his others; designated by Congress as an emergency re- Whereas the renamed quirement under sections 251(b)(2)(A) and baseball career as a sportswriter and the visiting radio booth in the Jacobs Field 252(e) of the Balanced Budget and Emergency copy editor for the Atlanta Constitu- press box the ‘‘Ernie Harwell Visiting Radio Deficit Control Act of 1985 (2 U.S.C. tion. Luckily for us, he did not stay in Booth’’ in commemoration of his career; 901(b)(2)(A), 902(e)). that position long; in 1943 he left to be- Whereas Sunday, September 15, 2002, is f come an announcer for the Southern ‘‘Ernie Harwell Day’’ at in Association’s . Detroit, Michigan; and AUTHORITY FOR COMMITTEES TO Ernie’s skills were quickly recog- Whereas Detroit Tiger fans all over the MEET nized in Atlanta, and in 1948 he became country have fond memories of Ernie the only announcer ever traded for a Harwell, summer, and Tiger victories: Now, COMMITEE ON ENVIRONMENT AND PUBLIC WORKS therefore, be it Mr. LIEBERMAN. Mr. President, I player! Branch Rickey, the General Resolved, That the Senate— ask unanimous consent that the Com- Manager of the Brooklyn Dodgers, (1) honors and celebrates the achievements mittee on Environment and Public traded catcher Cliff Dapper to the of Ernie Harwell; Works be authorized to meet on Fri- Crackers to allow Ernie to break his (2) wishes Ernie Harwell good health and day, September 13, 2002, at 9:30 a.m., to contract. His tenure in Brooklyn was happiness in his retirement; and highlighted by calling Jackie Robin- (3) directs the Secretary of the Senate to conduct an oversight hearing to receive testimony on the implementation of son’s best season, 1949, when Robinson transmit a copy of this resolution to Ernie was awarded the Most Valuable Player Harwell. the Comprehensive Everglades Res- award for the National League while f toration Plan. The hearing will be held in SD–406. leading the Dodgers to the pennant. The next year, Ernie left Brooklyn to AMENDMENTS SUBMITTED AND The PRESIDING OFFICER. Without go across town and call New York Gi- PROPOSED objection, it is so ordered. ants games on the burgeoning medium SA 4536. Mr. INHOFE (for himself and Mr. f NICKLES) submitted an amendment intended of television. While there, he called to be proposed to amendment SA 4472 pro- HONORING ERNIE HARWELL Willie Mays’s debut game in 1951 and posed by Mr. BYRD to the bill H.R. 5093, mak- Bobby Thomson’s ‘‘Shot Heard ’Round ing appropriations for the Department of the Mr. BYRD. Mr. President, on behalf the World’’ at the end of that season Interior and related agencies for the fiscal of the majority leader, I ask unani- when the Giants won the pennant. Un- year ending September 30, 2003, and for other mous consent that the Senate proceed like ’ who shouted ‘‘The purposes; which was ordered to lie on the to the immediate consideration of S. Giants win the pennant!’’, Ernie stuck table. Res. 327, submitted earlier today by to his style and simply said ‘‘it’s gone’’ f Senators STABENOW and LEVIN. when the ball shot off Thomson’s bat. TEXT OF AMENDMENTS The PRESIDING OFFICER. The That was all baseball fans needed. clerk will report the resolution by After a short stint as the first broad- SA 4536. Mr. INHOFE (for himself title. caster of the , he was and Mr. NICKLES) submitted an amend- The legislative clerk read as follows: hired as the voice of the Detroit Tigers, ment intended to be proposed to A resolution (S. Res. 327) honoring Ernie where he has stayed for 42 of the last 43 amendment SA 4472 proposed by Mr. Harwell. years. Ernie quickly became a part of BYRD to the bill H.R. 5093, making ap- There being no objection, the Senate the Tigers family. ‘‘If you do this job propriations for the Department of the proceeded to consider the resolution. for a while in one city and you’re pret- Interior and related agencies for the Mr. LEVIN. Mr. President, I am ty good, you become part of the fam- fiscal year ending September 30, 2003, pleased and honored to join my col- ily,’’ he once said. ‘‘They take you to and for other purposes; which was or- league from Michigan, Senator the beaches and the mountains and the dered to lie on the table; as follows: STABENOW, in offering a resolution On page 127, between lines 2 and 3, insert cottages, the workplace and the kitch- the following: commemorating the achievements and en. That’s gratifying, but it’s sort of retirement of Ernie Harwell. Ernie, a SEC. 1ll. RECONSTRUCTION OF INTERSTATE 40. humbling, too, that people are that in- (a) IN GENERAL.—Subject to the condition Hall of Fame broadcaster, will con- terested and they listen.’’ described in subsection (b), notwithstanding clude his remarkable 55-year career Ernie called the 1968 and 1984 World any other provision of this Act, in addition upon calling his last game for the De- Series that crowned the Tigers world to amounts that are otherwise available, troit Tigers this season. For most of champions. He was in Detroit for the

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.029 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8623 careers of many baseball’s greats, in- Senator LEVIN, to honor Ernie Harwell, Whereas the Cleveland Indians renamed cluding the soon-to-retire Travis the voice of the Detroit Tigers. As the visiting radio booth in the Jacobs Field Fryman, now with the Cleveland Indi- Tiger fans across the country know, press box the ‘‘Ernie Harwell Visiting Radio ans. Fryman, one of Ernie’s favorite Ernie Harwell is retiring this year Booth’’ in commemoration of his career; players in Detroit, presented him with Whereas Sunday, September 15, 2002, is after broadcasting major league base- ‘‘Ernie Harwell Day’’ at Comerica Park in an Indians hat and jersey during the ball for 55 years, the last 42 of which Detroit, Michigan; and Tigers’ last trip to Cleveland. During were in Detroit. Whereas Detroit Tiger fans all over the that series, Indians officials named the Ernie Harwell has broadcast some of country have fond memories of Ernie visiting radio booth in the Jacobs Field the great moments in baseball, includ- Harwell, summer, and Tiger victories: Now, press box the ‘‘Ernie Harwell Visiting ing the debut of Willie Mays, Bobby therefore, be it Radio Booth.’’ Thompson’s ‘‘shot heard round the Resolved, That the Senate— The true devotion of Tigers fans to world’’ and Hoyt Wilhelm’s famous no (1) honors and celebrates the achievements Ernie Harwell was made loud and clear hitter against the Yankees in 1958. of Ernie Harwell; when the Tigers’ then-new manage- (2) wishes Ernie Harwell good health and In addition, he also called the Tigers’ happiness in his retirement; and ment informed Ernie that 1991 would be last two World Series victories in 1968 (3) directs the Secretary of the Senate to his last season as the Tigers’ broad- and 1984. He also brought to life the transmit a copy of this resolution to Ernie caster. They said they wanted to go performances of some of baseball’s Harwell. with a younger and newer voice. Fol- greats, like Sparky Anderson, Kirk f lowing a public outcry, the Motor City Gibson, Al Kaline, Denny McLain, Alan brought home its familiar voice in Trammel and many others. AMENDING SECTION 5307 OF TITLE time for the 1993 season. He has been Tigers fans have such fond memories 49, UNITED STATES CODE with Detroit ever since. of Ernie Harwell, it is hard to believe Mr. BYRD. Mr. President, by the au- Ernie’s achievements have been rec- that he will not be in the broadcast thority of the majority leader, I ask ognized on both the local and national booth next year. Since Sunday, Sep- unanimous consent that the Senate stage. He has been voted Michigan tember 15 is Ernie Harwell Day at now proceed to the consideration of Sportscaster of the Year 17 times and Comerica Park in Detroit, Senator H.R. 5157 just received from the House is a member of the Michigan Sports LEVIN and I wanted to take up and pass and at the desk. Hall of Fame. In 1981 he was just the this resolution congratulating Ernie on The PRESIDING OFFICER. The fifth broadcaster to be elected to Base- his great career and wishing him the clerk will report the bill by title. ball’s Hall of Fame. In 1988 he became best of luck in retirement. The legislative clerk read as follows: a member of the I hope my colleagues will support and the following year he was elected A bill (H.R. 5157) to amend section 5307 of this resolution. title 49, United States Code, to allow transit to the National Sportscasters Hall of Mr. BYRD. Mr. President, I ask unan- systems in urbanized areas that, for the first Fame. imous consent that the resolution and time, exceeded 200,000 in population accord- Ernie’s talents extend beyond the the preamble be agreed to en bloc, that ing to the 2000 census to retain flexibility in microphone. He is an accomplished au- the motion to reconsider be laid upon the use of Federal transit formula grants in thor and songwriter. He has authored the table, and that any statements re- fiscal year 2003, and for other purposes. such books as Tuned to Baseball, Dia- lating thereto be printed in the There being no objection, the Senate mond Gems and The Babe Signed My RECORD. proceeded to consider the bill. Shoe, and coauthored or contributed to The PRESIDING OFFICER. Without Mr. BYRD. Mr. President, I ask unan- several other books about the game of objection, it is so ordered. imous consent that the bill be read baseball. In addition to his literary The resolution (S. Res. 327) was three times, passed, the motion to re- works, Ernie has also had more than 50 agreed to. consider be laid upon the table, and of his songs professionally recorded. The preamble was agreed to. any statements be printed in the Considering that he has announced The resolution, with its preamble, RECORD, without further intervening games over an unprecedented seven reads as follows: action or debate. decades, Ernie will always be remem- S. RES. 327 The PRESIDING OFFICER. Without bered best as a broadcaster; however, Whereas Ernie Harwell worked as a Major objection, it is so ordered. his personality and earnestness have League Baseball broadcaster for 55 years and The bill (H.R. 5157) was read the third endeared him to generations of lis- as the signature voice of the Detroit Tigers time and passed. teners as a friend. To say that Ernie for 42 of those years; Harwell is beloved by the citizens of Whereas Ernie Harwell’s voice brought the f game of baseball to life for Tiger fans, and he Michigan would be an understatement, INTERNATIONAL DISABILITY AND which is why it comes with great re- was voted Michigan Sportscaster of the year 17 times; VICTIMS OF LANDMINES, CIVIL gret that we are marking his retire- Whereas Ernie Harwell had such a love of STRIFE AND WARFARE ASSIST- ment. baseball that, upon meeting Babe Ruth as a ANCE ACT OF 2001 Ernie Harwell once said that a suc- child, he had ‘‘The Babe’’ autograph his shoe Mr. BYRD. Mr. President, at the re- cessful play-by-play man ‘‘should have because he did not have paper; the enthusiasm of a fan, the back- Whereas Ernie Harwell called the 1968 and quest of the distinguished majority ground knowledge of a writer, the re- 1984 World Series that crowned the Tigers leader and the assistant leader, I ask flexes of a ballplayer, and the impar- world champions; unanimous consent that the Senate tiality of an umpire.’’ I think he has Whereas in 1948, Ernie Harwell became the proceed to the immediate consider- exemplified these qualities, and he only broadcaster to be traded for a player ation of Calendar No. 528, S. 1777. brought so much more to the game. when Branch Rickey, general manager of the The PRESIDING OFFICER. The Brooklyn Dodgers, traded Cliff Dapper to the Ernie Harwell is a Detroit hero and a clerk will report the bill by title. Atlanta Crackers for Harwell; The legislative clerk read as follows: baseball legend. While some of the Ti- Whereas Ernie Harwell’s memorable mo- gers’ recent years have been forget- ments include broadcasting the debut of A bill (S. 1777) to authorize assistance for table, Ernie Harwell will never be. Willie Mays in 1951, Bobby Thomson’s ‘‘shot individuals with disabilities in foreign coun- As much as we will miss Ernie, we heard ’round the world’’ that same year, and tries, including victims of landmines and wish him well as he begins his life Hoyt Wilhelm’s no-hitter against the New other victims of civil strife and warfare, and away from the microphone. I join the York Yankees in 1958; for other purposes. citizens of Michigan in thanking Ernie Whereas on August 2, 1981, Ernie Harwell There being no objection, the Senate Harwell for his decades of outstanding became the fifth broadcaster to be inducted proceeded to consider the bill, which service to the Detroit Tigers and the into the Baseball Hall of Fame; had been reported from the Committee Whereas Ernie Harwell brought to life, on Foreign Relations with amendments broadcasting community. I know my through the medium of radio, the perform- colleagues in the Senate will join me in ances of some of baseball’s greats, such as as follows: supporting this resolution in his honor. Sparky Anderson, Kirk Gibson, Al Kaline, [Strike the parts shown in black Ms. STABENOW. Mr. President, I Denny McLain, Alan Trammell, and many brackets and insert the parts shown in rise to submit a resolution, along with others; italic]

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G13SE6.090 S13PT1 S8624 CONGRESSIONAL RECORD — SENATE September 13, 2002 Be it enacted by the Senate and House of Rep- ‘‘(A) support for and training of medical tinuing medical care related to individuals resentatives of the United States of America in professionals, including surgeons, nurses, with disabilities, including victims of land- Congress assembled, and physical therapists, to provide effective mines and other victims of civil strife and SECTION 1. SHORT TITLE. emergency and other medical care and for warfare, including— This Act may be cited as the ‘‘Inter- the development of training manuals relat- (A) conducting research on psychological national Disability and Victims of Land- ing to first aid and other medical treatment; and social factors that lead to successful re- mines, Civil Strife and Warfare Assistance ‘‘(B) support for sustainable prosthetic and covery; Act of ø2001¿ 2002’’. orthotic services; and (B) developing, testing, and evaluating SEC. 2. FINDINGS AND PURPOSE. ‘‘(C) psychological and social rehabilita- model interventions that reduce post-trau- (a) FINDINGS.—Congress makes the fol- tion of such individuals, together with their matic stress and promote health and well- lowing finding: families as appropriate, for the reintegration being; (1)(A) According to the International Com- of such individuals into local communities. (C) developing basic instruction tools for mittee of the Red Cross, there are tens of ‘‘(2) Support for policy reform and øadvo- initial medical response to traumatic inju- millions of landmines in over 60 countries cacy¿ educational efforts related to the needs ries; and around the world, and it has estimated that and abilities of individuals with disabilities, (D) developing basic instruction manuals as many as 24,000 people are maimed or including victims of civil strife and warfare. for patients and healthcare providers, includ- killed each year by landmines, mostly civil- ‘‘(3) Coordination of programs established ing for emergency and follow-up care, proper ians, resulting in amputations and disabil- pursuant to subsection (a) with existing pro- amputation procedures, and reconstructive ities of various kinds. grams for individuals with disabilities, in- surgery. (B) While the United States Government cluding victims of civil strife and warfare, in (2) Facilitation of peer support networks invests more than $100,000,000 in mine action foreign countries. for individuals with disabilities, including programs annually, including funding for ‘‘(4) Support for establishment of appro- victims of landmines and other victims of mine awareness and demining training pro- priate entities in foreign countries to coordi- civil strife and warfare, in foreign countries, grams, only about ten percent of these funds nate programs, projects, and activities re- including— go to directly aid landmine victims. lated to assistance for individuals with dis- (A) establishment of organizations at the (C) The Patrick Leahy War Victims Fund, abilities, including victims of civil strife and local level, administered by such individuals, administered by the United States Agency warfare. to assess and address the physical, psycho- for International Development, has provided ‘‘(5) Support for primary, secondary, and logical, economic and social rehabilitation essential prosthetics and rehabilitation for vocational education, public awareness and and other needs of such individuals, together landmine and other war victims in devel- training programs and other activities that with their families as appropriate, for the oping countries who are disabled and has help prevent war-related injuries and assist purpose of economic and social reintegration provided long-term sustainable improve- individuals with disabilities, including vic- into local communities; and ments in quality of life for victims of civil tims of civil strife and warfare, with their re- (B) training related to the implementation strife and warfare, addressing such issues as integration into society and their ability to of such peer support networks, including barrier-free accessibility, reduction of social make sustained social and economic con- training of outreach workers to assist in the stigmatization, and increasing economic op- tributions to society. establishment of organizations such as those portunities. ‘‘(c) PRIORITY.—To the maximum extent described in subparagraph (A) and assistance feasible, assistance under this section shall (D) Enhanced coordination is needed to facilitate the use of the networks by such be provided through nongovernmental orga- among Federal agencies that carry out as- individuals. nizations, and, as appropriate, through gov- sistance programs in foreign countries for (3) Sharing of expertise from limb-loss and ernments to establish appropriate norms, victims of landmines and other victims of disability research centers in the United standards, and policies related to rehabilita- civil strife and warfare to make better use of States with similar centers and facilities in tion and issues affecting individuals with interagency expertise and resources. war-affected countries, including promoting disabilities, including victims of civil strife (2) According to a review of Poverty and increased health for individuals with limb and warfare. Disability commissioned by the World Bank, loss and limb deficiency and epidemiological ‘‘(d) FUNDING.—Amounts made available ‘‘disabled people have lower education and research on secondary medical conditions re- income levels than the rest of the popu- øfor a fiscal year¿ to carry out the other pro- visions of this part (including chapter 4 of lated to limb loss and limb deficiency. lation. They are more likely to have incomes (4) Developing a database of best practices below poverty level than the non-disabled part II of this Act) and the Support for East European Democracy (SEED) Act of 1989 are to address the needs of the war-related dis- population, and they are less likely to have abled through comprehensive examination of savings and other assets . . . [t]he links be- authorized to be made available øfor such fis- cal year¿ to carry out this section and are support activities related to such disability tween poverty and disability go two ways— and access to medical care and supplies. not only does disability add to the risk of authorized to be provided notwithstanding poverty, but conditions of poverty add to the any other provision of law.’’. (c) AUTHORIZATION OF APPROPRIATIONS.— risk of disability.’’. SEC. 4. RESEARCH, PREVENTION, AND ASSIST- There are authorized to be appropriated to (3) Numerous international human rights ANCE RELATED TO INTERNATIONAL the Secretary of Health and Human Services conventions and declarations recognize the DISABILITIES AND LANDMINE AND OTHER WAR VICTIMS. to carry out this section such sums as may need to protect the rights of individuals re- (a) AUTHORIZATION.— be necessary for each of fiscal years ø2002¿ gardless of their status, including those indi- (1) IN GENERAL.—The Secretary of Health 2003 through 2004. viduals with disabilities, through the prin- and Human Services, acting through the Di- SEC. 5. EXPERTISE OF THE DEPARTMENT OF ciples of equality and non-discrimination. rector of the Centers for Disease Control and (b) PURPOSE.—The purpose of this Act is to VETERANS AFFAIRS. Prevention, is authorized— authorize assistance for individuals with dis- (A) to conduct programs in foreign coun- The Secretary of Veterans Affairs is au- abilities, including victims of landmines and thorized— other victims of civil strife and warfare. tries related to individuals with disabilities, including victims of landmines and other (1) to provide advice and expertise on pros- SEC. 3. INTERNATIONAL DISABILITIES AND WAR thetics, orthotics, physical and psycho- VICTIMS ASSISTANCE. victims of civil strife and warfare; logical rehabilitation and treatment, and The Foreign Assistance Act of 1961 (22 (B) to provide grants to nongovernmental U.S.C. 2151 et seq.) is amended by inserting organizations for the purpose of carrying out disability assistance to other Federal depart- after section 134 the following: research, prevention, public awareness and ments and agencies, including providing for temporary assignment on a non-reimburs- ‘‘SEC. 135. INTERNATIONAL DISABILITIES AND assistance programs in foreign countries re- WAR VICTIMS ASSISTANCE. lated to individuals with disabilities, includ- able basis of appropriate Department of Vet- ‘‘(a) AUTHORIZATION.—The President, øact- ing victims of landmines and other victims erans Affairs personnel, with respect to the ing through the Administrator of the United of civil strife and warfare. implementation of programs to provide as- States Agency for International Develop- (2) APPROVAL OF SECRETARY OF STATE.—Ac- sistance to victims of landmines and other ment,¿ is authorized to furnish assistance to tivities under programs established pursuant victims of civil strife and warfare in foreign individuals with disabilities, including vic- to paragraph (1) may be carried out in for- countries and landmine research and health- tims of civil strife and warfare, in foreign eign countries only øafter consultation¿ in related programs, including programs estab- countries. coordination with the Administrator of the lished pursuant to section 135 of the Foreign ‘‘(b) ACTIVITIES.—The programs established United States Agency for International De- Assistance Act of 1961 (as added by section 3 pursuant to subsection (a) may include pro- velopment, and upon approval for such ac- of this Act) and programs established pursu- grams, projects, and activities such as the fol- tivities in such countries by the Secretary of ant to section 4 of this Act; and lowing: State. (2) to provide technical assistance to pri- ‘‘(1) Development of local capacity to pro- (b) ACTIVITIES.—Programs established pur- vate voluntary organizations on a reimburs- vide medical and rehabilitation services for suant to subsection (a) may include the fol- able basis with respect to the planning, de- individuals with disabilities, including vic- lowing activities: velopment, operation, and evaluation of such tims of civil strife and warfare, in foreign (1) Research on trauma, physical, psycho- landmine assistance, research, and preven- countries, such as— logical, and social rehabilitation, and con- tion programs.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A13SE6.035 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — SENATE S8625 øSEC. 6. INTERAGENCY GROUP. I don’t see any other Senators seek- Appropriations Act; that the Senate re- ø(a) ESTABLISHMENT.—The Secretary of ing recognition. cess from 12:30 p.m. until 2:15 p.m. for State shall establish and chair an inter- I again thank the Senator from Min- the weekly conferences; that at 2:15 agency group to ensure coordination of all Federal programs that furnish assistance to nesota for presiding at this hour, at p.m. the Senate resume consideration victims of landmines and other victims of 4:15 p.m. of H.R. 5005, homeland security; that at civil strife and warfare, and conduct land- f 4:15 p.m. the Senate resume consider- mine research, demining and prevention pro- ation of the Interior Appropriations ORDERS FOR TUESDAY grams. Act with 60 minutes of debate, equally SEPTEMBER 17, 2002 ø(b) OTHER MEMBERS.—Members of the divided between the chairman and the interagency group shall include, but not be Mr. BYRD. Mr. President, I ask unan- ranking member of the subcommittee, limited to, representatives from— imous consent that when the Senate ø or their designees, prior to the vote on (1) the United States Agency for Inter- completes its business today, it stand national Development; cloture on the Byrd amendment; fur- ø(2) the Department of Health and Human in adjournment until 9:30 a.m., Tues- ther, that the live quorum with respect Services; day, September 17. to the cloture motion filed today be ø(3) the Department of Education; The PRESIDING OFFICER. Without waived; and that the cloture vote occur ø(4) the Department of Defense; and objection, it is so ordered. at 5:15 p.m., Tuesday, September 17, ø(5) the Department of Veterans Affairs. Mr. BYRD. Mr. President, by the without further intervening action or ø(c) PUBLIC MEETINGS.—At least once each way, that was the day in 1787 that the debate. calendar year, the interagency group should Constitutional Convention completed hold a public meeting in order to afford an Before the Chair puts the question, opportunity for any person to present views its work—September 17, 1787. What a let me consider what I just said. regarding the activities of the United States day. What a great day for free peoples, Mr. President, I add this request, Government with respect to assistance to for people who have the liberty and which is my own request: That when victims of landmines and other victims of freedom to speak. It devised a system the Senate resumes consideration of civil strife and warfare and related pro- of government, a government of the H.R. 5005, the homeland security bill, I grams. The Secretary of State shall main- people, by the people, and for the peo- be recognized at that point. tain a record of each meeting and shall make ple—a government of separation of the record available to the public.¿ The PRESIDING OFFICER. Without powers and checks and balances. objection, it is so ordered. Mr. BYRD. Mr. President, I ask unan- I thank those Framers for what they Mr. BYRD. Mr. President, I over- imous consent the committee amend- did on July 16, 1787, when they decided looked a request of the lady. I thank ments be agreed to, the motion to re- under a great compromise which pro- the fine lady who serves the Senate so consider be laid on the table, the bill, vided for a Senate—a Senate where well for calling this to my attention. as amended, be read the third time and Members would represent the States And, for the Record, her name is Lula. passed, the motion to reconsider be with two Senators from each State so Mr. President, I also ask unanimous laid upon the table, and any state- that a small State, or a large State, or consent that Members have until 1 ments relating thereto be printed in medium-size State would have an equal p.m., Tuesday, September 17, to file the RECORD, without intervening ac- voice in this Senate. Let us remember first-degree amendments, notwith- tion or debate. that as we go along. The PRESIDING OFFICER. Without standing a recess of the Senate during Again, I say that day on September that time, and that second-degree objection, it is so ordered. 17, 1787, there were 39 signers who put The committee amendments were amendments be filed until 4:15 p.m. their names on this Constitution, in- agreed to. The PRESIDING OFFICER. Without cluding John Milton Niles, a Senator The bill (S. 1777), as amended, was objection, it is so ordered. from Connecticut. And his relative sits read the third time and passed, as fol- in the chair today, Senator DAYTON f lows: from Minnesota. f Let me begin again so that the ADJOURNMENT UNTIL 9:30 A.M., THANKING SENATE PERSONNEL RECORD will show it as read in its com- TUESDAY, SEPTEMBER 17, 2002 Mr. BYRD. Mr. President, let me pleteness and without interruption. Mr. BYRD. Mr. President, if there is thank again our very dedicated staff I ask unanimous consent that when no further business to come before the and the officers of the Senate, the secu- the Senate completes its business Senate, I ask unanimous consent that rity personnel, the committee staff today, it stand in adjournment until the Senate stand in adjournment under people, and in particular those Sen- 9:30 a.m., Tuesday, September 17; that the previous order. ators who have presided this afternoon. following the prayer and pledge, the There being no objection, the Senate, And I should not forget the pages. I morning hour be deemed expired, the at 4:20 p.m., adjourned until Tuesday, thank them too. Journal of proceedings be approved to September 17, 2002, at 9:30 a.m. Let me also thank the people who date, the time for the two leaders be work here at these desks. Many times reserved for their use later in the day, f they have to come to Senators to tell and the Senate be in a period of morn- them what the situation is. It may not ing business until 10:30 a.m., with Sen- CONFIRMATIONS ators permitted to speak for up to 10 be a situation that the Senator likes. Executive nominations confirmed by minutes each, with the first half of the That is not because of the person who the Senate September 13, 2002: carries the message to the Senator. time under the control of the majority THE JUDICIARY People who convey the message are leader, or his designee, and the second half of the time under the control of JOSE E. MARTINEZ, OF FLORIDA, TO BE UNITED told to carry the message. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT If I have said anything today that the Republican leader, or his designee; OF FLORIDA. would offend any person in the Senate that at 10:30 a.m. the Senator resume ARTHUR J. SCHWAB, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT family, I certainly want to apologize. consideration of H.R. 5093, the Interior OF PENNSYLVANIA.

VerDate Sep 04 2002 00:33 Sep 14, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 9801 E:\CR\FM\A13SE6.035 S13PT1 September 13, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1577 EXTENSIONS OF REMARKS

SEPTEMBER IS PROSTATE CANCER Congress’ efforts have not been sufficient to our responses to the crisis generated by the AWARENESS MONTH ensure the most promising paths to treatment attacks in New York, Washington, and Penn- and cure are adequately funded or imple- sylvania on September 11, 2001; increase our HON. BENNIE G. THOMPSON mented. knowledge of the medical dimensions of disas- OF MISSISSIPPI I encourage my Colleagues to join with me ters; learn about the psychological aspects of IN THE HOUSE OF REPRESENTATIVES to ensure our country’s war on cancer in gen- religious fanaticism and intolerance, and dis- eral, and prostate cancer in particular, moves cuss medical, mental health, and public health Friday, September 13, 2002 forward with a new resolve to beat these lessons learned and their applications to pre- Mr. THOMPSON of Mississippi. Mr. Speak- dreaded diseases once and for all. vention and healing of trauma. er, I rise today to express my commitment to f This conference will be co-chaired by two finding better treatments and, eventually, a exceptional individuals, Dr. Catherine May and cure for an all-too-quiet killer—prostate can- HONORING CDR EARL BENNETT III Dr. Eliot Sorel, a close friend of mine. Dr. May cer. Prostate cancer Is a deadly disease that FOR HIS ACCOMPLISHMENTS AS is the president of the Washington Psychiatric affects American men. As protectors of the A NAVAL RESERVE OFFICER Society (WPS), a practicing physician with ex- American family, it is crucial to inform the pub- UPON HIS RETIREMENT pertise in women’s health, psychiatric and lic of the crucial role a basic medical check-up emergency medicine, and an assistant clinical can play in detecting this potentially deadly HON. ERIC CANTOR professor of psychiatry and behavioral disease. In order to achieve this goal, our Na- OF VIRGINIA sciences, George Washington University tion’s premiere health agencies must be fully IN THE HOUSE OF REPRESENTATIVES School of Medicine and Health Sciences. Dr. engaged and adequately funded by Congress. Sorel is the president of the Medical Society of Mr. Speaker, in 1998, Congress recognized Friday, September 13, 2002 the District of Columbia, a practicing physician that prostate cancer research was under-fund- Mr. CANTOR. Mr. Speaker, I rise today to with expertise in mood disorders and psy- ed and, as a result, requested that the Na- honor CDR Earl Bennett III for his service in chiatric disorders related to traumatic events, tional Institutes of Health (NIH) submit a five- the U.S. Naval Reserve. CDR Bennett will and clinical professor of psychiatry and behav- year professional judgment budget (1999– have completed 19 years of cryptologic serv- ioral sciences, George Washington University 2003). The purpose of this document was to ice with the Air Force Security Service and the School of Medicine and Health Sciences. demonstrate how best to improve federal pros- Naval Reserve Security Group as of Sep- Other notable attendees include Jeffrey tate cancer research efforts. tember 30, 2002, as well as seven years in Akman, M.D., president-elect of WPS; Robert Congress received the budget plan in June language assignments. Bonvino, M.D., a leader in the Medical Society of 1999. The plan promised an investment of CDR Bennett is an outstanding U.S. Naval of the State of New York; Daniel Ein, M.D., more than $1.5 billion for prostate cancer re- Officer who has served his country with dis- chairman of the emergency preparedness search. Unfortunately, real investment has fall- tinction for over 25 years. His professionalism, committee of MSDC: Colonel Jeffrey Elting, en short of its projected finding commitment, commitment to sailors under his charge, and M.D., Medical Director D.C. Hospitals’ Bioter- and prostate cancer research has not kept dedication to duty are truly deserving of spe- rorism Preparedness; Colonel Theodore Nam, pace with scientific opportunities and the pro- cial recognition. He is a highly dedicated man M.D., president of the Uniformed Services Dis- portion of the male population who are af- who has faithfully contributed to his commu- trict Branch of the American Psychiatric Asso- flicted with the disease. As a result, the 107th nity, the U.S. Naval Reserve, and the United ciation; Jerrold Post, M.D., professor of psy- Congress is now asking NIH to provide an up- States of America. On behalf of a grateful na- chiatry, Department of Psychiatry and Behav- dated five-year plan for the next five years. tion, I extend my warmest wishes of ‘‘Fair ioral Sciences, and political psychology, in the Mr. Speaker, in addition to instructing NIH to Winds and Following Seas’’ to CDR Bennett Elliott School of International Affairs, George develop a new and achievable five-year plan, and congratulate him for a job extremely well Washington University; Steven Steury, M.D., Congress must insist on greater accountability done. chief clinical officer for the District of Columbia to ensure all federal funds for cancer research Mr. Speaker, please join me in honoring Department of Mental Health; Robert Ursano, are appropriately expended for this purpose. CDR Earl Bennett III. M.D., chairman, Department of Psychiatry, An investment in cancer research will not only f Uniformed Services University and Health yield dividends in lives saved but, also, in dol- Sciences. lars and cents. Cancer already costs this WPS, APA, AND MSDC PRESENT All of the aforementioned individuals and all country more than $150 billion annually. With RESILIENCE IN THE FACE OF those participating in the conference deserve the ‘‘graying’’ of the baby boomers, it has TERROR: HEALING THE TRAUMA commendation for raising awareness of this been estimated by THE MARCH Research OF 9/11 issue so other health professionals can use Task Force that, if left unchecked, costs asso- the knowledge to help those most affected by ciated with cancer will jump to a staggering HON. CONSTANCE A. MORELLA the tragedy on September 11. I applaud their $200 billion before we see tile end of the dec- OF MARYLAND generosity and salute their public service. ade. IN THE HOUSE OF REPRESENTATIVES f In 1971, President Richard Nixon declared American’s war on cancer, promising to end Friday, September 13, 2002 IN HONOR OF LARRY GREENE its toll on our society within a decade. Each Mrs. MORELLA. Mr. Speaker, I rise today to subsequent Administration has reaffirmed this commend the Washington Psychiatric Society, HON. JANE HARMAN commitment, yet the number of cancer cases the American Psychiatric Association, and the OF CALIFORNIA and death continue to grow. As you may be Medical Society of the District of Columbia IN THE HOUSE OF REPRESENTATIVES aware, more than 1.2 million new cases of (MSDC) for collaborating to present ‘‘Resil- cancer were diagnosed in the United States in ience in the Face of Terror: Healing the Trau- Friday, September 13, 2002 2001, and an estimated 553,000 lives were ma of 9/11.’’ This conference, of interest to Ms. HARMAN. Mr. Speaker, award winning lost. Tragically, prostate cancer represents 15 primary care, emergency and psychiatric phy- news cameraman, Larry Greene is the latest percent of all cancer cases and accounts for sicians, and other health professionals will be victim in America’s ongoing fight against ter- 15 percent of all cancer deaths. held at the new George Washington University rorism. Mr. Speaker. This country can and must do Hospital in Washington, D.C., on Saturday, Larry was working on a special assignment better than this. While recent increases in September 14, 2002. in the Persian Gulf for Los Angeles based prostate cancer research funding are welcome Resilience in the Face of Terror has several KCBS news. On Friday, September 6th, he and have proved vital, the sad truth is that noteworthy goals and objectives: To evaluate boarded a U.S. Navy helicopter to capture on

∑ 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. E1578 CONGRESSIONAL RECORD — Extensions of Remarks September 13, 2002 film U.S. military personnel as they boarded a ices that continually provide enormous bene- Mr. Mahoney has also been a valuable Syrian freighter suspected of carrying smug- fits to the region would not exist. member of my own interview committee for gled Iraqi oil. Minutes later, the helicopter Outside of her job, Arlene has also served military academy appointments. In addition, he crashed into the ocean, killing Larry and injur- in a variety of positions with many outstanding has been president of the Suffolk County Vol- ing four American sailors. organizations. She is actively involved in her unteer Firefighters Burn Center Committee; In his more than 25 years as an investiga- synagogue, serving on the Board of Directors President of the Northport Running Club; tive journalist, Larry Greene won more than 40 at Alexandria’s Beth El Hebrew Congregation. Commander of Northport American Legion prestigious journalist awards. Among them Beginning with an appointment to the Execu- Post 694; and co-chairman for the Day of Re- dozens of Emmys, Golden Mikes, Press Pho- tive Committee and later serving as Com- membrance following the terrorist attacks of tographer Association awards, and the pres- mittee Chair, Arlene has been associated with September 2001. tigious Alfred 1. Dupont-Columbia University the Alexandria United Way for over 30 years. Before his career as a firefighter, Mr. Award. Just last year, Larry was named Her unmatched devotion led to her being Mahoney answered the call of his country, ‘‘photo journalist of the year’’ by the Southern awarded a life membership to the Alexandria serving in the Korean War for two years. In his California Media Association. United Way and the prestigious 2002 Alexan- professional life, Jim Mahoney worked as an In addition to his service in the Persian Gulf, dria United Way Outstanding Services Award. educator for 34 years, teaching in various ele- Larry exhibited great bravery by taking on While most people would end their philan- mentary schools on . In addition, other extremely dangerous assignments such thropic activities here, Arlene has repeatedly he was Principal of the New Lane Elementary as the El Salvador and Armenian earthquakes, gone above and beyond the call to civic duty. School in Seldon, NY. She has also served on the Alexandria Com- the civil unrest in Haiti, and the events in Jim is a life long resident of Northport, New Saudi Arabia immediately following the Sep- mittee on Aging, been a charter member of the Alexandria Health Advisory Commission, York, where he resides with his wife Sophie, tember 11th attacks. his four children and his four grandchildren. I had the privilege of working with Larry chaired the Alexandria Chapter of AARP’s Mr. Speaker, 2002 has been and will con- when he came to Washington during the An- health council and has been specially recog- tinue to be a banner year for Mr. Mahoney thrax attacks last October to interview Con- nized by the Northern Virginia Rotary District and the Northport Fire Department. A month gressional Members and policy leaders. Governor for outstanding service to the My constituents and I will miss the work of [chyph]elderly. before he was chosen as the National Volun- this intensely talented newsman who was Mr. Speaker, words alone cannot ade- teer Fire Council’s Scott Health and Safety dedicated to bringing the news from far away quately describe the communities’ gratitude to Volunteer Firefighter of the Year, Mr. Mahoney home to all of us. Our prayers are with his Arlene Hewitt. She has touched many lives was presented with the Fire Service Achieve- wife Diana, and their two sons, Clayton and both directly and indirectly and given hope and ment Award for the Year 2002 by the Fire- Connor, as well as his colleagues and friends guidance to those who need it most. It is an man’s Association of the State of New York. at KCBS. understatement to say that INOVA Hospital Wishing him all the best as he travels first will greatly miss her presence, but fortunately to Buffalo, New York to receive his state serv- f for Northern Virginia and Virginia’s 8th District, ice award and then on to Sitka, Alaska to be HONORING ARLENE HEWITT her living legacy will continue going strong. presented with his national honor, I ask my f colleagues to join me in saluting Mr. James Mahoney. HON. JAMES P. MORAN HONORING 30-YEAR NORTHPORT OF VIRGINIA FIRE DEPARTMENT MEMBER f IN THE HOUSE OF REPRESENTATIVES JAMES MAHONEY Friday, September 13, 2002 A TRIBUTE TO JAMES ‘‘LUCKY’’ Mr. MORAN of Virginia. Mr. Speaker, I rise HON. GARY L. ACKERMAN HAYES today to honor the diligent, innovative and OF NEW YORK civic-minded work of Mrs. Arlene Hewitt. After IN THE HOUSE OF REPRESENTATIVES HON. BENNIE G. THOMPSON 35 years of dedicated service to INOVA Alex- Friday, September 13, 2002 OF MISSISSIPPI andria Hospital, Mrs. Hewitt has decided to re- Mr. ACKERMAN. Mr. Speaker, I am pleased IN THE HOUSE OF REPRESENTATIVES tire, but her active role as a community leader to rise today to praise Mr. James Mahoney, in the Northern Virginia region will undoubtably the recipient of the National Volunteer Fire Friday, September 13, 2002 continue. Council’s Scott Health and Safety Volunteer Mr. THOMPSON of Mississippi. Mr. Speak- Raised in Brookline, Massachusetts, Arlene Firefighter of the Year Award for the Year er, I rise today to pay tribute to a man by any relocated to Alexandria, Virginia with her fam- 2002. ily in 1967, to join the former Alexandria Hos- In 1973, Mr. Mahoney joined the Northport measure—James ‘‘Lucky’’ Hayes. On July 31, pital in an effort to establish an innovative new Fire Department. In an illustrious career that 2002, Mr. Hayes departed us. He was a man program. Keenly aware of the poor social spanned three decades, Mr. Mahoney has of many talents who wore many hats including services available to the disadvantaged mem- been the consummate firefighter. From the law enforcement officer, community organizer bers of the community, Arlene began her tire- Northport Lumber Yard fire in the 1970s to the and singer/performer with the likes of Joe less effort to establish and then direct the hos- fire at the Long Island Oyster Farm, Firefighter Henderson and the great Joe Tex. pital’s first social work department. Through Mahoney valiantly responded to the emer- Lucky, as his friends called him, was a be- this department, Arlene made numerous ac- gency needs of his community during times of liever in Proverbs 29:2 ‘‘When the righteous complishments, including initiating the Senior great danger and uncertainty. are in authority, the people rejoice: but when Health Access outreach program, establishing In addition, Mr. Mahoney has diligently the wicked beareth rule, the people mourn.’’ a hospital employee assistance program, col- worked to unite the Northport Fire Department Lucky worked continuously to ensure that his laborating with the Alexandria Health Depart- with its surrounding neighborhood. His impres- voice was heard in the political process by ment to create an early childhood immuniza- sive accomplishments include serving as an working on a number of local and statewide tion program, and playing an instrumental role elected captain of the rescue squad three campaigns. in coordinating initiatives to reduce unintended times; chairman of the 100th anniversary com- Lucky was a faithful church member. He pregnancies, stamp out teenage smoking and mittee; chairman of the fire prevention com- served in the choir and on the Deacon Board. promote bike helmet safety. These socially mittee; coordinator of the baby-sitter course, He served as a Scout Master for Boy Scouts conscious programs have given an enormous chairman of the annual Meet Your Friend the of America, Assistant Coach for the ‘‘Chicks’’ boost to the health services of Alexandria and Firefighter event; and seven-year Safety News T-Ball Team and a member of the Youth and the Northern Virginia region. Without Arlene’s columnist for a local newspaper, The Ob- Membership Committees for the 100 Black untiring dedication, these highly effective serv- server. Men of Bolivar County. Friday, September 13, 2002 Daily Digest Senate Pending: Chamber Action Byrd Amendment No. 4472, in the nature of a Routine Proceedings, pages S8583–S8625 substitute. Pages S8584–87, S8589–90 Measures Introduced: Four bills and one resolution Byrd Amendment No. 4480 (to Amendment No. were introduced, as follows: S. 2934–2937, and S. 4472), to provide funds to repay accounts from Res. 327. Page S8618 which funds were borrowed for emergency wildfire Measures Reported: suppression. Page S8584 S. 1865, to authorize the Secretary of the Interior Craig/Domenici Amendment No. 4518 (to to study the suitability and feasibility of establishing Amendment No. 4480), to reduce hazardous fuels on the Lower Los Angeles River and San Gabriel River our national forests. Page S8584 watersheds in the State of California as a unit of the Dodd Amendment No. 4522 (to Amendment No. National Park System, with an amendment in the 4472), to prohibit the expenditure of funds to recog- nature of a substitute. (S. Rept. No. 107–279) nize Indian tribes and tribal nations until the date S. 2222, to resolve certain conveyances and pro- of implementation of certain administrative proce- vide for alternative land selections under the Alaska dures. Pages S8584–87 Native Claims Settlement Act related to Cape Fox Byrd/Stevens Amendment No. 4532 (to Amend- Corporation and Sealaska Corporation, with an ment No. 4472), to provide for critical emergency amendment in the nature of a substitute. (S. Rept. supplemental appropriations. Page S8584 No. 107–280) Page S8618 A motion was entered to close further debate on Measures Passed: Byrd Amendment No. 4480 (to Amendment No. 4472), listed above and, in accordance with the pro- Honoring Ernie Harwell: Senate agreed to S. visions of Rule XXII of the Standing Rules of the Res. 327, honoring Ernie Harwell. Pages S8622–23 Senate, the cloture vote will occur on Tuesday, Sep- Federal Transit Formula Grants: Senate passed tember 17, 2002, at 5:15 p.m. Page S8589 H.R. 5157, to amend section 5307 of title 49, A unanimous-consent agreement was reached pro- United States Code, to allow transit systems in ur- viding for further consideration of the bill at 10:30 banized areas that, for the first time, exceeded a.m. and at 4:15 p.m., on Tuesday, September 17, 200,000 in population according to the 2000 census 2002, with a vote on the motion to close further de- to retain flexibility in the use of Federal transit for- bate on Byrd Amendment No. 4480 (to Amendment mula grants in fiscal year 2003, clearing the measure No. 4472), listed above, to occur at 5:15 p.m. for the President. Page S8623 Page S8625 Foreign Disability Assistance: Senate passed S. A further unanimous-consent agreement was 1777, to authorize assistance for individuals with reached that relative to the cloture vote on Byrd disabilities in foreign countries, including victims of Amendment No. 4480 (to Amendment No. 4472), landmines and other victims of civil strife and war- it be in order to file first degree amendments until fare, after agreeing to committee amendments. 1 p.m. on Tuesday, September 17, 2002, notwith- Pages S8623–25 standing a recess of the Senate during that time, and Department of the Interior Appropriations: Sen- that it be in order to file second degree amendments ate continued consideration of H.R. 5093, making until 4:15 p.m. on the same day. Page S8625 appropriations for the Department of the Interior Homeland Security Act: Senate continued consider- and related agencies for the fiscal year ending Sep- ation of H.R. 5005, to establish the Department of tember 30, 2003, taking action on the following Homeland Security, taking action on the following amendments proposed thereto: amendments proposed thereto: Pages S8583–87, S8589–90 Pages S8595–S8609, S8611–14 D931 D932 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2002 Pending: Record Votes: One record vote was taken today. Lieberman Amendment No. 4471, in the nature (Total—216) Page S8588 of a substitute. Pages S8589–S8609, S8611–14 Adjournment: Senate met at 9:45 a.m., and ad- Thompson/Warner Amendment No. 4513 (to journed at 4:20 p.m., until 9:30 a.m., on Tuesday, Amendment No. 4471), to strike title II, estab- September 17, 2002. (For Senate’s program, see the lishing the National Office for Combating Ter- remarks of the Acting Majority Leader in today’s rorism, and title III, developing the National Strat- Record on page S8625). egy for Combating Terrorism and Homeland Secu- rity Response for detection, prevention, protection, response, and recover to counter terrorist threats. (By Committee Meetings 41 yeas to 55 nays (Vote No. 214), Senate failed to table the amendment.) Page S8595 (Committees not listed did not meet) Lieberman Amendment No. 4534 (to Amendment No. 4513), to provide for a National Office for COMPREHENSIVE EVERGLADES Combating Terrorism, and a National Strategy for RESTORATION PLAN Combating Terrorism and the Homeland Security Committee on Environment and Public Works: Com- Response. Page S8595 mittee concluded oversight hearings to examine the A unanimous-consent agreement was reached pro- implementation of the Comprehensive Everglades viding for further consideration of the bill at 2:15 Restoration Plan authorized by the Water Resources p.m., on Tuesday, September 17, 2002, where Sen- and Development Act of 2000, which is coordi- ator Byrd be recognized. Page S8625 nating the restoration of the south Florida ecosystem Nominations Confirmed: Senate confirmed the fol- among federal, state, tribal and local governments lowing nominations: and the public, after receiving testimony from Sen- By unanimous vote of 92 yeas (Vote No. EX. ator Bill Nelson; R. Les Brownlee, Under Secretary 216), Arthur J. Schwab, of Pennsylvania, to be of the Army and Acting Assistant Secretary of the United States District Judge for the Western Dis- Army for Civil Works; Thomas Gibson, Associate trict of Pennsylvania. Pages S8588, S8625 Administrator for Policy, Economics, and Innova- Jose E. Martinez, of Florida, to be United States tion, Environmental Protection Agency; Ann R. District Judge for the Southern District of Florida. Klee, Counselor to the Secretary, Department of the Pages S8583, S8625 Interior; David B. Struhs, Florida Department of En- Executive Communications: Page S8618 vironmental Protection, Tallahassee; Roman Gastesi, Office of the Miami-Dade County Manager, and Additional Cosponsors: Pages S8618–19 Dexter Lehtinen, Miccosukee Tribe of Indians in Statements on Introduced Bills/Resolutions: Florida, both of Miami; Patricia A. Power, Seminole Pages S8619–22 Tribe of Florida, and Shannon Estenoz, World Wild- Additional Statements: Pages S8616–18 life Fund Everglades Program, on behalf of the Ever- glades Coalition, both of Hollywood, Florida; and Amendments Submitted: Page S8622 Mary Ann Gosa, Florida Farm Bureau Federation, Authority for Committees to Meet: Page S8622 Gainesville. September 13, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D933 House of Representatives During the balance of the week, Senate will also Chamber Action consider any other cleared legislative and executive Measures Introduced: 2 public bills, H.R. business, including appropriations bills and con- 5383–5384; and 1 resolution, H. Con. Res. 468, ference reports, when available. were introduced. Page H6256 Senate Committees Reports Filed: Reports were filed today as follows: Committee on Appropriations Revised Suballoca- (Committee meetings are open unless otherwise indicated) tion of Budget Allocations for fiscal year 2003 (H. Special Committee on Aging: September 19, to hold hear- Rept. 107–656); and ings to examine disease management and coordinating H.R. 4793, to authorize grants through the Cen- care, focusing on the quality of life for Medicare patients, 9:30 a.m., SD–628. ters for Disease Control and Prevention for mosquito Committee on Agriculture, Nutrition, and Forestry: Sep- control programs to prevent mosquito-borne diseases, tember 17, to hold hearings to examine the implementa- amended (H. Rept. 107–657). Page H6256 tion of the 2002 Farm Bill (P.L. 107–171), 10 a.m., Speaker Pro Tempore: Read a letter from the SR–328A. Speaker wherein he appointed Representative Committee on Armed Services: September 17, to hold Aderholt to act as Speaker pro tempore for today. closed hearings to examine the situation in Iraq, 9:30 a.m., S–407, Capitol. Page H6253 September 19, Full Committee, to hold open and Ticket to Work Panel and Work Incentives Ad- closed hearings to examine U.S. policy on Iraq, 2:30 visory Panel: The Minority Leader appointed Ms. p.m., SD–106. Frances Gracechild of California to the Ticket to Committee on Banking, Housing, and Urban Affairs: Sep- Work Panel and Work Incentives Advisory Panel for tember 17, to hold hearings to examine financial disclo- a 4-year term. Page H6253 sure in relation to the Tennessee Valley Authority, 10:30 a.m., SD–538. Senate Message: Message received from the Senate September 18, Subcommittee on Housing and Trans- today appears on page H6253. portation, to hold oversight hearings to examine transpor- Referral: S. 2513 was referred to the Committee on tation security one year after September 11, 2001, 2:30 the Judiciary. Page H6253 p.m., SD–538. Committee on Commerce, Science, and Transportation: Sep- Quorum Calls—Votes: No record votes or quorum tember 17, Subcommittee on Aviation, to hold closed calls developed during the proceedings of the House hearings to examine aviation cargo security, 10:30 a.m., today. SR–253. Adjournment: The House met at 10 a.m. and ad- September 17, Subcommittee on Science, Technology, and Space, to hold hearings to examine nanotechnology, journed at 10:04 a.m. 2:30 p.m., SR–253. September 19, Full Committee, business meeting to consider pending calendar business, 10 a.m., SR–253. Committee Meetings Committee on Energy and Natural Resources: September No Committee meetings were held. 17, to hold hearings to examine the Federal Energy Reg- ulatory Commission’s notice of proposed rulemaking, en- f titled ‘‘Remedying Undue Discrimination through Open Access Transmission Service and Standard Electricity CONGRESSIONAL PROGRAM AHEAD Market Design’’, 9:30 a.m., SD–366. Week of September 16 through September 21, September 18, Full Committee, to hold hearings to ex- 2002 amine the effectiveness and sustainability of U.S. tech- nology transfer programs for energy efficiency, nuclear, Senate Chamber fossil and renewable energy and to identify necessary On Monday, Senate will not be in session. changes to those programs to support U.S. competitive- On Tuesday, At 10:30 a.m., and at 4:15 p.m., ness in the global marketplace, 9:30 a.m., SD–366. September 19, Subcommittee on National Parks, to Senate will resume consideration of H.R. 5093, De- hold hearings to examine S. 2623, to designate the Cedar partment of the Interior Appropriations Act, with a Creek Battlefield and Belle Grove Plantation National vote on the motion to close further debate on Byrd Historical Park as a unit of the National Park System; S. Amendment No. 4480 (to Amendment No. 4472), 2640 and H.R. 321, bills to provide for adequate school to occur at 5:15 p.m., and at 2:15 p.m., resume con- facilities in Yosemite National Park; S. 2776, to provide sideration of H.R. 5005, Homeland Security Act. for the protection of archaeological sites in the Galisteo D934 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2002 Basin in New Mexico; S. 2788, to revise the boundary House Chamber of the Wind Cave National Park in the State of South Dakota; S. 2880, to designate Fort Bayard Historic Dis- To be announced. trict in the State of New Mexico as a National Historic House Committees Landmark; H.R. 3786, to revise the boundary of the Glen Committee on Agriculture, September 18, Subcommittee Canyon National Recreation Area in the States of Utah on General Farm Commodities and Risk Management, and Arizona; and H.R. 3858, to modify the boundaries hearing on implementation of the Federal crop insurance of the New River Gorge National River, West Virginia, programs, 1 p.m., 1300 Longworth. 2:15 p.m., SD–366. Committee on Armed Services, September 18, hearing on Committee on Environment and Public Works: September U.S. Policy towards Iraq, 10 a.m., 2118 Rayburn. 19, to hold hearings to examine progress on environ- September 19, hearing on Iraq’s Weapons of Mass De- mental streamlining under the Transportation Equity Act struction Program and Technology Exports, 10 a.m., for the 21st Century (TEA–21), 9:30 a.m., SD–406. 2118 Rayburn. Committee on Foreign Relations: September 19, to hold Committee on Education and the Workforce, Subcommittee hearings to examine certain law enforcement treaties, 11 on 21st Century Competitiveness and the Subcommittee a.m., SD–419. on Select Education, joint hearing on Responding to the September 19, Full Committee, to hold hearings to ex- Needs of Historically Black Colleges and Universities in amine the nominations of C. William Swank, of Ohio, the 21st Century, 10 a.m., 2175 Rayburn. Ned L. Siegel, of Florida, Diane M. Ruebling, of Cali- Committee on Financial Services, September 17, Sub- fornia, and Samuel E. Ebbesen, of the Virgin Islands, each committee on Housing and Community Opportunity, to be a Member of the Board of Directors of the Overseas hearing on technical assistance and capacity building pro- Private Investment Corporation, Wendy Jean Chamberlin, grams to promote housing and economic development, 2 of Virginia, to be an Assistant Administrator of the p.m., 2128 Rayburn. United States Agency for International Development, and September 19, full Committee, hearing entitled ‘‘Ter- Nancy P. Jacklin, of New York, to be United States Ex- rorist Financing: A Progress Report on Implementation of ecutive Director of the International Monetary Fund, 2 the USA PATRIOT Act,’’ 10 a.m., 2128 Rayburn. p.m., SD–419. Committee on Government Reform, September 17, Sub- Committee on Health, Education, Labor, and Pensions: Sep- committee on Government Efficiency, Financial Manage- tember 17, Subcommittee on Public Health, to hold ment and Intergovernmental Relations, hearing on H.R. hearings to examine the adequacy of childhood vaccines, 5215, Confidential Information Protection and Statistical 2:30 p.m., SD–430. Efficiency Act of 2002; followed by a markup of H.R. September 19, Full Committee, to hold hearings to ex- 5215 and H.R. 1152, Human Rights Information Act, amine the Food and Drug Administration jurisdiction of 1:30 p.m., 2154 Rayburn. tobacco products, 10 a.m., SD–430. September 18, full Committee, to hold a hearing on Committee on Indian Affairs: September 17, to hold hear- ‘‘Continuing Oversight hearings on the National Vaccine ings to examine S. 1392, to establish procedures for the Injury Compensation Program,’’ 10 a.m., 2154 Rayburn. Bureau of Indian Affairs of the Department of the Inte- September 18, Subcommittee on Technology and Pro- rior with respect to tribal recognition, 10 a.m., SR–485. curement Policy, hearing on the following bills: H.R. September 18, Full Committee, to hold hearings to ex- 2458, E-Government Act of 2001; and S. 803, E-Govern- amine H.R. 2880, to amend laws relating to the lands ment Act of 2002, 2 p.m., 2154 Rayburn. of the enrollees and lineal descendants of enrollees whose September 19, Subcommittee on Criminal Justice, names appear on the final Indian rolls of the Muscogee Drug Policy and Human Resources, hearing on ‘‘Ecstasy (Creek), Seminole, Cherokee, Chickasaw, and Choctaw and Club Drugs: A Growing Threat to the Nation’s Nations (historically referred to as the Five Civilized Youth,’’ 1 p.m., 2203 Rayburn. Tribes), 10 a.m., SR–485. September 19, Subcommittee on Energy Policy, Nat- Select Committee on Intelligence: September 17, to resume ural Resources and Regulatory Affairs, hearing on ‘‘Agen- joint closed hearings with the House Permanent Select cy Implementation of the SWANCC Decision,’’ 10 a.m., Committee on Intelligence to examine events surrounding 2154 Rayburn. September 11, 2001, 2:30 p.m., SH–219. September 19, Subcommittee on Government Effi- Committee on the Judiciary: September 18, to hold hear- ciency, Financial Management and Intergovernmental Re- ings to examine pending judicial nominations, 10 a.m., lations and the Subcommittee on Legislative and Budget SD–226. Process of the Committee on Rules, joint oversight hear- September 19, Full Committee, business meeting to ing ‘‘Linking Program Funding to Performance Results,’’ consider pending calendar business, 10 a.m., SD–226. 2 p.m., 2154 Rayburn. September 19, Subcommittee on Antitrust, Competi- September 20, Subcommittee on the District of Co- tion and Business and Consumer Rights, to hold over- lumbia, hearing on Emergency Preparedness in the Na- sight hearings to examine the enforcement of the anti- tion’s Capital, 10 a.m., 2154 Rayburn. trust laws, 2 p.m., SD–226. Committee on International Relations, September 18, Sub- United States Senate Caucus on International Narcotics Con- committee on Africa, hearing on the New Partnership for trol: September 17, to hold hearings to examine U.S. pol- Africa’s Development: An African Initiative, 2 p.m., icy in the Andean region, 10:15 a.m., SD–226. 2172 Rayburn. September 13, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D935

September 18, Subcommittee on the Middle East and and a resolution expressing the Sense of the House that South Asia, hearing on U.S. Policy Toward Syria and Congress should compete action on the Permanent Death H.R. 4483, Syria Accountability Act of 2002, 10:15 Tax Repeal of 2002, 5:30 p.m., H–313 Capitol. a.m., 2172 Rayburn. Committee on Small Business, September 19, Sub- September 19, full Committee, hearing on U.S. Policy committee on Regulatory Reform and Oversight, hearing Toward Iraq, 10:45 a.m., 2172 Rayburn. entitled ‘‘Federal Farm Program: Unintended Con- September 19, Subcommittee on Western Hemisphere, sequences of FAV Rules,’’ 10 a.m., 2360 Rayburn. hearing on Drug Corruption and Other Threats to Demo- Committee on Transportation and Infrastructure, September cratic Stability in Guatemala and the Dominican Repub- 19, Subcommittee on Highways and Transit, hearing on lic, 2 p.m., 2172 Rayburn. Comprehensive Reauthorization Proposals, 10 a.m., 2167 Committee on the Judiciary, September 17, Subcommittee Rayburn. on the Constitution, oversight hearing on the Supreme Committee on Veterans’ Affairs, September 19, Sub- Court’s School Choice Decision and Congress’ Authority committee on Oversight and Investigations, hearing on to Enact Choice Programs, 2 p.m., 2141 Rayburn. the Department of Veterans Affairs medical research pro- September 18, Subcommittee on Immigration, Border grams, 10 a.m., 334 Cannon. Security, and Claims, oversight hearing on the INS’s Im- Committee on Ways and Means, September 19, Sub- plementation of the Foreign Student Tracking Program, committee on Social Security and the Subcommittee on 10 a.m., 2237 Rayburn. Immigration, Border Security, and Claims of the Com- September 19, Subcommittee on Courts, the Internet, mittee on the Judiciary, joint hearing on Preserving the and Intellectual Property, hearing on H.R. 5119, Plant Integrity of Social Security Numbers and Preventing Breeders Equity Act of 2002, 10 a.m., 2141 Rayburn. Their Misuse by Terrorists and Identity Thieves, 1 p.m., Committee on Resources, September 17, Subcommittee on 1100 Longworth. Fisheries Conservation, Wildlife and Oceans, oversight hearing on Upcoming Issues at the Twelfth Regular Joint Meetings Meeting of the Conference of the Parties (COP12) to the Conference: September 18, meeting of conferees on H.R. Convention on International Trade in Endangered Species 1646, to authorize appropriations for the Department of of Wild Fauna and Flora (CITES), 2 p.m., 1324 Long- State for fiscal years 2002 and 2003, 2:30 p.m., S–116, worth. Capitol. Committee on Rules, September 17, to consider the fol- Joint Meetings: September 17, Senate Select Committee lowing: H.R. 1701, Consumer Rental Purchase Agree- on Intelligence, to resume joint closed hearings with the ment Act; a resolution expressing the Sense of the House House Permanent Select Committee on Intelligence to ex- that Congress should complete action on the Personal Re- amine events surrounding September 11, 2001, 2:30 sponsibility, Work, and Family Promotion Act of 2002; p.m., SH–219. D936 CONGRESSIONAL RECORD — DAILY DIGEST September 13, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, September 17 12:30 p.m., Tuesday, September 17

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 10:30 a.m.), Sen- ate will resume consideration of H.R. 5093, Department of the Interior and Related Agencies Appropriations Act. At 2:15 p.m., Senate will resume consideration of H.R. 5005, Homeland Security Act. At 4:15 p.m., Senate will resume consideration of H.R. 5093, Department of the Interior and Related Agencies Appropriations Act, with a vote on the motion to close further debate on Byrd Amendment No. 4480 (to Amendment No. 4472), to occur at 5:15 p.m. (Senate will recess from 12:30 p.m. until 2:15 p.m., for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE

Ackerman, Gary L., N.Y., E1578 Cantor, Eric, Va., E1577 Harman, Jane, Calif., E1577 Moran, James P., Va., E1578 Morella, Constance A., Md., E1577 Thompson, Bennie G., Miss., E1577, E1578

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