8242 CONGRESSIONAL RECORD—HOUSE May 16, 2001 true democracy or to a sham democ- Mr. GRUCCI. Mr. Speaker, with Me- Defense Department deliberately lied racy on the order of the one that dis- morial Day only 12 days from today, and so did TRW. tinguished South Africa throughout veterans’ graves are graced with our We said let us get to the bottom be- the era of apartheid? Nation’s flag on Memorial Day in my cause the investigation of this issue was done before. We have not heard b 1900 district as is customary across our Na- tion since the end of the Civil War. anything from those 53 of our col- It is a question we have yet to hear a However, too often these flags are re- leagues, Mr. Speaker, but a front page satisfactory response to. moved immediately after the Monday story in Bloomberg Press by Tony What we do know is that today eth- observation of Memorial Day, not giv- Capaccio cites the FBI in February nic Albanians are treated like second- ing the sufficient recognition deserved throwing the whole thing out, saying it class citizens in their own country. We these fallen heroes. The original intent was nothing but a bunch of hogwash. know they are denied the same edu- of Memorial Day was for it to be a time Mr. Speaker, I include for the cational and job opportunities enjoyed of reflection on our hard-earned free- RECORD the Bloomberg news story, by Slavic Macedonians. We know that dom and to pay our respects to those ‘‘FBI Clears TRW of Fraud Charge in Slavic Macedonians hold 90 percent of men and to those women who made the Missile Defense Test,’’ and the actual the public sector jobs and they com- ultimate sacrifice for the citizens of FBI document. The Department of De- fense has been completely exonerated. pose 90 percent of the police force and our Nation and gave their lives to pre- For those 53 colleagues and for Ted that 90 percent of the university stu- serve that freedom. Yet today the true Postol, I think you owe the Depart- dents are Slavic Macedonians. We meaning of Memorial Day is often lost ment of Defense an apology. know that Albanians are even penal- to a sense of commercialism. ized for speaking their own language. For this reason, local veterans orga- [From Bloomberg.com: Top Financial News, May 2001] Universities which use the Albanian nizations within my district have FBI CLEARS TRW INC. OF FRAUD CHARGE IN language are actually denied public partnered with one of our national funds. MISSILE DEFENSE TEST cemeteries, Calverton National Ceme- (By Tony Capaccio) Macedonians and Albanians should tery, to improve the way we memori- both have equal opportunities to use Washington, May 4, (Bloomberg)—The Fed- alize our fallen veterans. They leave eral Bureau of Investigation cleared TRW their native languages. Albanians are the American flags in place until May Inc., of allegations it manipulated the test made to suffer in poorly funded schools 31 so that they fly in honor of our results in a program for the U.S. missile de- and universities because they speak, brave service men and women through fense system, according to a government quote, the wrong language. But that is to the original date of Decoration Day, document. It’s the second time the allegation has not all. Ethnic Albanians not only have May 30. second- and third-rate schools, they been dismissed. A 1999 review by the Justice The flag is the symbol of America’s and Defense departments in a separate whis- have bad roads and inadequate health greatness and all of its compassion, tleblower lawsuit dealing with the same care. perseverance and values. It is part of charge also found no basis for fraud in TRW’s There might be a time when Mac- the tapestry that has been woven with testing. edonia earns our applause, Mr. Speak- the lives and the efforts of our men and Last June, 53 members of the U.S. Congress er, but that time has not arrived and it our women in uniform during times of asked the FBI to investigate charges by Mas- will not until all of its people are treat- sachusetts Institute of Technology professor crises that makes America what it is. Theodore Postol that TRW and Pentagon of- ed equally. It will not until their con- It honors those brave service men and ficials committed ‘‘fraud and cover-up,’’ by stitution recognizes ethnic Albanians women who have made the ultimate tampering with the results of program’s first as citizens of Macedonia. It will not sacrifice so that freedom, peace and de- test flight to conceal that company’s war- until ethnic Albanians have the right mocracy can be assured to all of us head can’t distinguish between decoys and to use their own language. It will not here in this great Nation. the real thing. until ethnic Albanians have the right Postol and another antimissile critic, Dr. I and my colleagues from both sides Nira Schwartz, alleged that TRW and the to preserve their own cultural heritage. of the aisle have sponsored House Reso- Pentagon manipulated the results of a June Power sharing is not just about who lution 120 which urges all cemeteries to 1997 flight test. Military and TRW officials holds the positions in the government. institute this policy of maintaining the said the company’s warhead succeeded. It is about who has what status in a so- flags placed on the grave sites of Amer- Postol and Schwartz claimed the data was ciety as a whole. ican veterans on Memorial Day manipulated to indicate success after the This is no time for baby steps or test failed. The test was conducted in a com- through at least May 31. petition between TRW and Raytheon Co., token gestures. This is the time for the Mr. Speaker, I call upon my col- which TRW eventually lost. Their charges Macedonian government to take action leagues to please join me in honoring were aired in March and June 2000 front page to remove the institutional discrimina- those men and women who gave their New York Times articles that became the tion against Albanian Macedonians. lives to preserve our freedoms. basis for the congressional request and fod- der for arms control critics. This is the time for the Macedonian f government to take on initiatives that The FBI closed the case in late February, NATIONAL SECURITY saying Postol’s charges were ‘‘a scientific make amends to the Albanian people. dispute and Postol’s attempts to raise it to The challenge of democracy is that it The SPEAKER pro tempore. Under a the level of criminal conduct had no basis in does not ask leaders to do what is easy. previous order of the House, the gen- fact.’’ It challenges them to stand up and do tleman from Pennsylvania (Mr. The FBI’s action removes a cloud over the what is right. WELDON) is recognized for 5 minutes. missile defense program just as the Bush ad- Mr. Speaker, in conclusion let me say Mr. WELDON of Pennsylvania. Mr. ministration presses ahead with plans to ex- pand it. that I hope that this ethnic violence in Speaker, I rise today to share with my A spokesman for TRW said the company Macedonia will cease and it can only colleagues two items of concern rel- hadn’t been told of the finding and is ‘‘de- cease when equality is brought to all of ative to our national security. First of lighted’’ if it’s true. Both Postol and Rep. its people. all, about this time last year, we heard Dennis Kucinich, an Ohio Democrat who or- ganized the congressional opposition, said f a lot of ranting and raving in this Chamber and on national TV, allega- they too were unaware. INTRODUCTION OF RESOLUTION tions of massive fraud in our missile TRW’S ROLE IMPROVING THE WAY WE MEMO- testing program. In fact, Mr. Speaker, TRW is a top subcontractor on the Na- RIALIZE OUR FALLEN HEROES 53 of our colleagues signed a letter to tional Missile Defense program managed by Boeing Co. TRW provides the command and The SPEAKER pro tempore. Under a the FBI demanding an investigation of control system, or electronic brains, that re- previous order of the House, the gen- a fraud that was alleged by an MIT pro- ceive and process target information to mis- tleman from New York (Mr. GRUCCI) is fessor. The MIT professor said there sile interceptors carrying Raytheon Co. hit- recognized for 5 minutes. was abuse, there was waste, that the to-kill warheads.

VerDate Aug 04 2004 10:14 Mar 21, 2005 Jkt 089102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR01\H16MY1.002 H16MY1 May 16, 2001 CONGRESSIONAL RECORD—HOUSE 8243 The TRW system has performed well in the [U.S. Department of Justice, Federal Bureau and former employee of TRW, a defense con- three missile intercept tests to date, though of Investigation, Feb. 26, 2001, Washington, tractor involved with BMDO. Schwartz had two of them ended in failure after glitches in DC] filed a Qui Tam action in the Western Dis- technology unrelated to the basic system. NATIONAL MISSILE DEFENSE SYSTEM trict of California alleging wrongful termi- Postol argues the Pentagon’s system is FRAUD AGAINST THE GOVERNMENT— nation and false claims on the part of TRW. fundamentally flawed and is incapable of dis- DEPARTMENT OF DEFENSE Dr. Schwartz’s allegations were scientific in tinguishing decoys from real warheads. He In a June 15, 2000, letter to Director Freeh, nature and concerned false claims made by alleged the Pentagon watered down its decoy Dennis J. Kucinich, U.S. House of Represent- TRW regarding the data obtained from the testing, substituting simpler and fewer de- atives, and 52 other members of Congress re- first test flight, IFT–1A. Postol expanded coys that were easier for the warhead to rec- quested an FBI investigation into allega- Schwartz’s allegations to include criminal ognize. The Pentagon has acknowledged tions that the Department of Defense (DOD) conduct. Investigation revealed that Postol’s shortcomings in its decoy testing and says it covered up fraud relevant to the experi- claim that data had been altered was un- plans improvements. mental failure of testing involving the Na- founded. As to Postol’s claim that the sys- ‘‘The program needs to ensure the ability tional Missile Defense System. This anti- tem is incapable of distinguishing between of the system to deal with likely counter- missile defense system is designed to defeat warheads and decoys, there is a dispute measures,’’ Pentagon program manager nuclear warheads launched at the United among scientists about the ability of the Army Gen. Willie Nance wrote in an April 12 States by inexperienced nuclear powers such system to discriminate based on scientific review. grounds. This is a scientific dispute and ‘No Federal Violation’ as Iran, Iraq and North Korea by inter- cepting the warhead carrying missiles in the Postol’s attempt to raise it to the level of ‘‘The investigation failed to disclose evi- criminal conduct had no basis in fact. A De- dence that a federal violation has been com- air. Specifically the Congressional letter de- partment of Justice civil attorney and an mitted,’’ the FBI said in a February 26 memo Assistant United States Attorney in the Cen- to the Justice Department, ‘‘Since all logical tailed allegations by anti-missile critic Dr. Theodore Postol, a respected scientist from tral District of California, both advised that investigation has been completed, this mat- during the Qui Tam investigation, there was ter is being closed.’’ the Massachusetts Institute of Technology, that not only is the S50 billion National Mis- no indication of fraud or criminal activity. The allegation was first made by Schwartz The joint FBI/DCIS investigation failed to in an April 1996 False Claims Act whistle- sile Defense System incapable of distin- guishing between warheads of incoming mis- disclose evidence that a federal violation has blower suit. Schwartz was a senior staff engi- been committed. Since all logical investiga- neer who worked on the project for 40 hours, siles and decoys, but the DOD and its con- tractors have altered data to hide the fail- tion has been completed, this matter is being according to TRW. The federal government closed. declined to join her lawsuit after deter- ure. Dr. Postol also contended that his letter mining there was no evidence to support to the White House, its attachments, and all Mr. Speaker, I also want to point my criminal charges. The case is pending. the information and data he used to draw his colleagues to a story that ran just the Schwartz would received a monetary award conclusions of fraud and coverup, were de- last few days where we now have seen if TRW was found guilty. rived from unclassified material and were that Danny Stillman has evidence and Schwartz alleged that TRW ‘‘knowingly subsequently classified by the DOD in an ef- material he collected that shows that and falsely certified’’ as effective discrimina- fort to conceal the fraud and wrongdoing. The Washington Field Office (WFO) of the the Chinese were aggressively trying to tion technology that was ‘‘incapable of per- acquire supercomputers so that they forming its intended purpose.’’ FBI opened a preliminary inquiry into alle- ‘‘Dr. Schwartz’s allegations were scientific gations of fraud in the National Missile De- could miniaturize their nuclear weap- in nature and concerned false claims made fense System to specifically address the fol- ons. Up until 1996, China had no super- by TRW regarding the data obtained from lowing items: (1) coordinate with Defense computers. That was the year Presi- the first test flight,’’ said the FBI memo. Criminal Investigative Service (DCIS) and dent Clinton lowered the standard and ‘‘Postol expanded Schwartz’s allegations to obtain copies of material alleging fraud and within 2 years China acquired 700 include criminal conduct. Investigation re- coverup prepared by Dr. Postol; (2) address supercomputers. The information vealed that Postol’s claim that data had DOD’s justification for classifying Dr. Postol’s information and; (3) obtain details Danny Stillman allegedly has gives us been altered was unfounded.’’ the details as to how China uses the GAO Review of a DCIS Qui Tam inquiry that precipitated Postol said in an interview he was sur- Dr. Postol’s criticism of the National Missile supercomputers we gave them to build prised by the FBI’s decision because he was Defense System. miniature weapons, nuclear weapons to under the impression that the Bureau would WFO opened up a preliminary inquiry into be used against us and our allies. wait to wrap up its review until the General allegations of fraud in the National Missile Right now, the Department of De- Accounting Office completed a separate non- Defense System on July 25, 2000. Contact was fense and Department of Energy are re- criminal technical review of the charges. made with the DCIS who agreed to work fusing to allow Danny Stillman’s notes jointly with the FBI in conducting the pre- The GAO review, which was requested by to be made public. I am today writing two Democrats, Representative Ed Markey liminary inquiry. WFO obtained a copy of of Massachusetts and Howard Berman of Dr. Theodore Postol’s letter to the White Secretary Rumsfeld and the adminis- California, won’t be finished until later this House from Philip Coyle, Director, Oper- tration to demand that these questions year. ational Test and Evaluation, at the Pen- be answered. As a member of the Cox I am amazed the FBI would have done this tagon. Postol had sent Coyle a copy of his Committee that looked at this issue in without checking with the GAO,’’ Postol letter to the White House. depth, we need to know for sure what said. ‘‘It looks to me that the FBI was sim- The Director of Security for the Ballistic impact the President’s decision in 1996 Missile Defense Organization (BMDO) re- ply not interested in doing anything except had to allow China to develop minia- covering its back.’’ quested a line by line review of Postol’s Kucinich, who organized the June letter package when it was suggested that classi- ture nuclear weapons which they could that prompted the FBI inquiry, said he fied material may be attached to Postol’s use against America today. hadn’t heard of the FBI’s conclusion. letter. This line by line review revealed that Mr. Speaker, I include for the ‘‘It is interesting that the day after the four pages of Attachment B to Postol’s letter RECORD the letter to Secretary Rums- president announced plans to spend billions contained previously classified data, and At- feld. more dollars on a missile defense system, it’s tachment D contained 12 previously classi- MAY 3, 2001. revealed that the FBI had terminated its fied figures and one classified table. All this DONALD H. RUMSFELD, fraud investigation of the missile defense material had been previously classified and Secretary of Defense, Defense Pentagon, Wash- program—despite plain proof this technology was not newly classified. Postol had obtained ington, DC. doesn’t work and substantial evidence sug- this information from other individuals in- DEAR SECRETARY RUMSFELD: I am writing gesting that the Ballistic Missile Defense Or- volved in a Qui Tam law suit against TRW. with regard to today’s article in the Wash- ganization covered it up,’’ he said in a state- Those involved in the Qui Tam suit believed ington Post entitled, ‘‘U.S. Blocks Memoir of ment. that the information they had was unclassi- Scientist Who Gathered Trove of Informa- Kucinich was referring to President George fied. A good faith effort had been made by a tion.’’ As a member of the Select Committee W. Bush’s May 1 speech outlining his plans DCIS investigator to declassify a report that on U.S. National Security and Military/Com- for a missile defense shield that will likely had been previously classified. In the proc- mercial Concerns with the People’s Republic include the ground-based system. ess, certain classified information was inad- of China, I am alarmed and concerned that TRW spokesman Darryl Fraser in a state- vertently left in the report. Postol used this the Committee was never informed about ment said ‘‘if this report is accurate, we are information believing it to be unclassified. Danny B. Stillman or provided with the ma- delighted to hear that the FBI has vindi- Postol’s information was based on data he terials he collected over the years. cated TRW for the years of hard work.’’ received from Dr. Nira Schwartz, a scientist The article states:

VerDate Aug 04 2004 10:14 Mar 21, 2005 Jkt 089102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR01\H16MY1.002 H16MY1 8244 CONGRESSIONAL RECORD—HOUSE May 16, 2001 Stillman said Chinese physicists told him So surely, Mr. Speaker, there must Also, despite the fact that many that they had begun research on miniatur- be a supplemental around here some- women are primary sources of income ization during the 1970s, but could not com- where, and I would appreciate hearing for their families, poverty abounds and plete it because they lacked the computing from any other Member who happens abounds and abounds and abounds. This power to carry out massive calculations. When the Chinese physicists got access to to stumble over it. I have risen on this pervasive policy of poverty forces supercomputers, they pulled out their old re- floor several times in the Congress to many women into vocations which search, ran the numbers and designed the point out the need for such a supple- make them more susceptible to HIV/ new devices. mental. Even the commitment to hav- AIDS. These supercomputers not only benefited ing one would be enough to let com- These inequalities, Mr. Speaker, the Chinese advanced conventional weapons manders carry on, secure in the knowl- begin early in life. Young girls are less programs but also their weapons of mass de- edge that their costs would be reim- likely to be informed about the risks struction programs. Now these weapons are bursed later. But even that simple as- and dangers of HIV/AIDS and also far targeted at the United States and our friends more likely than boys to be coerced or and allies in the region. surance has not been forthcoming. And Please answer the following questions: our military services are paying the even raped. Even when they are taught 1. Where did the Chinese get the supercom- price today. Readiness is lower, air- about prevention, they are often un- puters? craft are being scavenged for parts, and able to avoid unsafe sexual practices 2. What other weapons systems did they all because we cannot find that darn because of their lack of social influ- use the supercomputers on? supplemental. ence. 3. Were export control officers made aware Mr. Speaker, many of us may ask, of the importance of supercomputers to the Mr. Speaker, if you see it, would you please let me know? what can we in this country do to Chinese weapons programs? change the status of women in sub-Sa- 4. When did the previous Administration f learn of this? haran Africa? Well, there are many 5. Why was Congress not informed? AIDS IN AFRICA things that we can do. There are many The article also states: The SPEAKER pro tempore. Under a things that we can and must do right In all, Stillman said he collected the previous order of the House, the gen- now. names of more than 2,000 Chinese scientists Right now, Mr. Speaker, we must tleman from Illinois (Mr. RUSH) is rec- working at nuclear weapons facilities, re- ognized for 5 minutes. focus national and international poli- corded detailed histories of the Chinese pro- cies toward the eradication of poverty gram from top scientists, inspected nuclear Mr. RUSH. Mr. Speaker, each day, 16,000 more people become infected in order to empower women. Right weapons labs and bomb testing sites, inter- now, Mr. Speaker, we must affirm the viewed Chinese weapons designers, photo- with HIV/AIDS. Nowhere is this stag- human rights of girls and women to graphed nuclear facilities—and then, each gering figure more apparent than sub- equal access to education, skills train- time he returned home, passed the informa- Saharan Africa, where 25 million peo- ing and employment opportunities. tion along to U.S. intelligence debriefers. ple are HIV positive. Last year alone, Please provide to me Stillman’s trip re- Right now, Mr. Speaker, we must in- 2.4 million sub-Saharan Africans died ports, notes, photographs, videos, the list of tensify efforts to determine the best of HIV/AIDS. One particular group de- Chinese scientists and a draft of his book. policies and programs to prevent serves our particular attention and as- Along with a list of all DOE employees who women and young girls from becoming sistance due to the disproportionate have visited Chinese nuclear weapons facili- infected with HIV/AIDS. ties. burden that they have borne, that is, Mr. Speaker, there is a lot we can do Sincerely. the women of sub-Saharan Africa. and we must do it right now. f Sub-Saharan African women are now the fastest growing HIV population in f IN SEARCH OF THE DEFENSE Africa. They constitute 55 percent of DEVELOPING A COMMONSENSE, SUPPLEMENTAL APPROPRIATION all adult HIV infections in the entire COMPREHENSIVE NATIONAL EN- The SPEAKER pro tempore. Under a region. Most disturbing, sub-Saharan ERGY POLICY previous order of the House, the gen- African women are becoming infected The SPEAKER pro tempore (Mr. tleman from Missouri (Mr. SKELTON) is at earlier ages than their male coun- KIRK). Under a previous order of the recognized for 5 minutes. terparts. Teenage girls are infected at House, the gentleman from Utah (Mr. Mr. SKELTON. Mr. Speaker, has any- a rate five to six times greater than MATHESON) is recognized for 5 minutes. one seen the defense supplemental ap- their male counterparts. Of course, the Mr. MATHESON. Mr. Speaker, this propriation? I seem to recall that dur- escalation of HIV/AIDS among sub-Sa- week there will be a number of dif- ing the recent Presidential election, haran African women has a direct and ferent energy policy proposals that will much was made of the needs of our men important impact upon the most vul- be introduced, a number of events that and women in uniform. ‘‘Help,’’ we nerable population in the sub-Saharan will attract a lot of attention, attract were told, ‘‘is on the way.’’ region, its impact on children. Two- a lot of press; and we are at the outset Now we know of helicopters that can- thirds of the 500,000 orphaned children of a time when Congress will be asked not fly, roofs on family housing leak- in Africa lost parents to HIV/AIDS. to take on the very difficult task of ing, training missions being canceled Over 30 percent of children born to HIV trying to develop a commonsense, com- or deferred, and even major procure- positive women will develop pediatric prehensive national energy policy. ments being modified, all because the AIDS. This is a complicated issue, and we supplemental that was promised, the really should not take a simplistic ap- b 1915 supplemental that was planned for, has proach. In that context, we should not not arrived. I have personally witnessed the or- take a simplistic partisan approach. I know that Secretary Rumsfeld is in phanages overflowing with children Energy should not be a partisan issue. the middle of a wide-ranging strategy who have lost parents to this disease, We should find a common ground with- review and I know that he has put most and it is both astonishing and heart- in this body to tackle such a com- of the Department of Defense on hold wrenching. plicated issue. while the review runs its course. I will Mr. Speaker, many social factors We are going to hear concerns about have more to say about that soon in have resulted in these staggering sta- this issue, where we talk about some another venue. tistics. Sub-Saharan African women short-term issues and some long-term But a supplemental appropriation often suffer from lower social status issues, and it is important to consider has nothing to do with our future and lower economic status. They are both of those time frames in terms of strategy. The shape of tomorrow’s economically dependent on males in making good public policy decisions. force is not the issue. The supple- their society. Many do not have the The short-term is the set of issues mental is supposed to pay for what our same access to health care or edu- that we can all relate to the most, be- military has already done. cation as their male counterparts. cause we are all consumers in this

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