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

Vol. 148 WASHINGTON, THURSDAY, SEPTEMBER 12, 2002 No. 115 Senate The Senate met at 9:45 a.m. and was APPOINTMENT OF ACTING has not quite been done yet, but Mem- called to order by the Honorable JACK PRESIDENT PRO TEMPORE bers should understand there very pos- REED, a Senator from the State of The PRESIDING OFFICER. The sibly could be votes at 2 o’clock today. Rhode Island. clerk will please read a communication Mr. CRAIG. Mr. President, will the The PRESIDING OFFICER. The to the Senate from the President pro Senator yield? prayer today will be offered by the Mr. REID. I am happy to yield. tempore (Mr. BYRD). guest Chaplain, the Reverend F. Ken- The legislative clerk read the fol- Mr. CRAIG. I think the leader has neth Hoffer, Mount Culmen Evan- lowing letter: certainly appropriately explained gelical Congregational Church, East where we are with the Craig-Domenici U.S. SENATE, Earl, PA. amendment and our efforts. We have PRESIDENT PRO TEMPORE, Washington, DC, September 12, 2002. met consistently over the last several PRAYER To the Senate: days with colleagues on both sides of The guest Chaplain offered the fol- Under the provisions of rule I, paragraph 3, the aisle to see if we could strike a bi- lowing prayer: of the Standing Rules of the Senate, I hereby partisan agreement. At this time we Please join me in prayer. appoint the Honorable JACK REED, a Senator are working with Senator FEINSTEIN Almighty God, we lift our thanks for from the State of Rhode Island, to perform and Senator WYDEN to see if we can Your guidance which has preserved our the duties of the Chair. come together so they can come to Nation, a nation ‘‘under God,’’ and for ROBERT C. BYRD, President pro tempore. your caucus to determine whether we the peaceful continuity of government can pick up support in a bipartisan in America. Mr. REED thereupon assumed the way. We look gratefully to the past, Chair as Acting President pro tempore. We would like to have the remainder thanking You that from the founda- f of the day to work. At the same time, tions of America, You granted our fore- I recognize the frustration holding up RECOGNITION OF THE ACTING fathers courage and wisdom, as they the Interior appropriations bill for this MAJORITY LEADER trusted in You. purpose. I think both the Senator and I By their example to lead, guide, and The ACTING PRESIDENT pro tem- recognize the critical character of what direct, inspire the women and men of pore. The Senator from Nevada is rec- we are trying to do here—or the nature this Senate whom You have entrusted ognized. of it—in resolving this issue. If you can leadership to serve and wage the strug- give us a little more flexibility, I think gle to find peace and justice in our f at some point—probably by the end of world. May they see Your vision and SCHEDULE the day—we will know whether we can wisdom for the problems of this hour Mr. REID. The Senate is going to or cannot go any further. that we face as a nation. vote on Timothy Corrigan to be a dis- Mr. REID. Mr. President, it is really Bless the Senators as they render dy- trict judge for the middle district of a waste of the Senate’s time to debate namic leadership and thank You for all Florida. Following disposition of that his amendment today and, further, we our leaders, diplomats, and military nomination, we will go to the Interior pretty well know the respective posi- personnel. Let our resources be a bill; that is, the pending Craig amend- tions. Senator BYRD will be here to strength to all, regardless of race, ment. The Dodd amendment also has manage the bill this morning. I know creed, faith, age, sex, or national ori- been offered. We hope there can be he has an amendment to offer, as oth- gin. some resolution of the forest amend- ers do. Maybe there could be an agree- May we work together toward peace, ment. If we could do something about ment made to set aside the Senator’s righteousness, and goodness for all peo- the fire suppression amendments that amendment, recognizing that it would ples of all nations. We pray to You, O are around, the Craig amendment and be the matter before the Senate at any God. Amen. there is another to be offered, we could time you call it. We will try to work on f resolve this bill quickly. It appears at something like that. PLEDGE OF ALLEGIANCE this stage that has not been done yet. Mr. CRAIG. I appreciate the Senator The Honorable JACK REED led the After 2 o’clock, we hope there will be saying that. I am certainly willing to Pledge of Allegiance, as follows: a couple of back-to-back votes. They look at that and allow other amend- I pledge allegiance to the Flag of the have been cleared on this side and ten- ments that the chairman would think United States of America, and to the Repub- tatively cleared on the other side to are appropriate to move on this amend- lic for which it stands, one nation under God, vote on the Thompson amendment and ment—to move without it being an ob- indivisible, with liberty and justice for all. also on the Hollings amendment. That struction.

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

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VerDate Sep 04 2002 02:01 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.000 S12PT1 S8510 CONGRESSIONAL RECORD — SENATE September 12, 2002 The Senator is right, this issue is de- ciples on which this country was found- partisan support in the weeks that fol- fining it. I will probably want to speak ed have not changed. I want to espe- lowed in September and into late Octo- on it, and others may want to do the cially commend Chief Judge William ber. In addition to our work on this same. We have at least a 2-hour time- Sessions of the U.S. District Court for landmark legislation, as well as con- frame to get some work done. I hope we the District of Vermont for proceeding tinued oversight of the Justice Depart- can do it. with an immigration and naturaliza- ment, the FBI and the INS, we contin- Mr. REID. Mr. President, I didn’t tion ceremony in Vermont yesterday. ued to hold judicial nominations hear- mean to say that anybody speaking on What a wonderful gesture, granting ings to help fill vacancies in our Fed- the amendment is a waste of time. I citizenship to a new group of Ameri- eral courts with fair-minded judges. meant to say there is no need to be cans and reminding us that we are a We have now reported 80 judicial speaking unnecessarily when we can do nation of immigrants and that our bor- nominees out of committee. With to- other things. If the Senator or people ders are open to immigrants who come day’s confirmation of Judge Corrigan who oppose his amendment want to to America seeking freedom, oppor- for the Middle District of Florida, we speak, that will be helpful to the Sen- tunity and a better life for their chil- will confirm our 75th judicial nomina- ate. What I am saying to the Senator dren. Whether our relatives came here tion from President George W. Bush. from Idaho is, you don’t need to main- for religious or political freedom in the We have confirmed more of President tain the floor to protect your rights, 17th or 18th centuries, or to escape Bush’s nominees in less than 15 nor do we. I have received calls, as has famine and persecution in the 19th and months—75—than were confirmed in the majority leader, from some Demo- 20th centuries, many of us are descend- the last 30 months that a Republican cratic Senators who believe there may ants of those immigrants. Senator majority controlled the Senate and the be some ability to work out a com- KENNEDY reminded us all earlier this pace of judicial confirmations—73. We promise. year that immigrants are not the prob- have also now confirmed more of Presi- Mr. CRAIG. Good. I thank the Sen- lem, terrorists are the problem. When dent George W. Bush’s judicial nomina- ator for saying that. I did not take that the President appeared last night on tions since July, 2001—75—than were characterization in any critical way. Ellis Island, framed against the back- confirmed in all of 1989 and 1990, the f drop of the Statue of Liberty, that set- first 2 years of the term of his father ting likewise reminds us that we are a President George H.W. Bush—73. RESERVATION OF LEADER TIME nation of immigrants. Let this coun- As I have noted through the year, we The ACTING PRESIDENT pro tem- try, and what it stands for, always be a could have accomplished even more pore. Under the previous order, leader- beacon of hope and freedom for the op- with a modicum of cooperation from ship time is reserved. pressed and downtrodden. the White House. I regret that the ad- f I am glad to see the President before ministration and some Senate Repub- EXECUTIVE SESSION the U.N. today. When our President licans have been unwilling to acknowl- speaks before the United Nations, we edge what we have accomplished in should not be looking at it as Demo- this regard but have, instead, chosen a NOMINATION OF TIMOTHY J. crats or Republicans, but as Ameri- strident posture and rejected our ef- CORRIGAN, OF FLORIDA, TO BE cans. We want him, in his representa- forts toward bipartisan cooperation. UNITED STATES DISTRICT tion of our Nation and as our chief The administration has chosen division JUDGE FOR THE MIDDLE DIS- spokesperson on foreign policy, to be rather than consensus with respect to TRICT OF FLORIDA successful, and I wish him that success. its selection of Federal judges, which is The ACTING PRESIDENT pro tem- I also appreciate his invitation to be unfortunate and unnecessary. The pore. Under the previous order, the there for the speech. Of course, our White House has insisted on sending Senate will go into executive session to Senate votes will keep me here. forth a number of nominees who are di- proceed to the consideration of Cal- The Judiciary Committee continues visive. Their records evidence judicial endar No. 960, which the clerk will re- working hard to make progress on judi- activism to reach ultra-conservative port. cial nominations and on legislation to outcomes. Thus, in addition to report- The legislative clerk read the nomi- respond to the new challenges that face ing favorably 80 judicial nominees nation of Timothy J. Corrigan, of Flor- our great nation. The Senate met on since the change in majority, the Judi- ida, to be United States District Judge September 12 last year, and the Judici- ciary Committee has, after a hearing for the Middle District of Florida. ary Committee held a business meeting and careful consideration, voted The ACTING PRESIDENT pro tem- on September 13. I kept the agenda against reporting two nominations. pore. Under the previous order, the that day to consensus items and bipar- I regret that with respect to the im- time until 10 a.m. shall be equally di- tisan legislation. I felt strongly that portant matter of our independent Fed- vided between the chairman and rank- we did not need partisan bickering but eral judiciary, a matter that affects all ing member of the Judiciary Com- that we needed to come together and Americans, the White House has cho- mittee. show that we can unite and that there sen the path of partisanship. I regret The Senator from Vermont is recog- is much that unites us all. We were that some in the White House and nized. able to report the first United States among Republicans would rather raise Mr. LEAHY. Mr. President, how Attorneys nominated by President campaign funds and stir up their most much time is available to the Senator Bush. We worked on our bill to author- extreme supporters than fill judicial from Vermont in his capacity as chair- ize the activities of the Department of vacancies quickly with consensus man of the Judiciary Committee? Justice, a bipartisan drug use preven- nominees. The ACTING PRESIDENT pro tem- tion, treatment and rehabilitation bill Senate Republicans are running away pore. Three minutes 40 seconds. and the bipartisan Drug Competition from their own record. It is revealing Mr. LEAHY. I thank the distin- Act. that they refuse to make a fair com- guished Presiding Officer. That same afternoon we held a con- parison to the actual results during Yesterday marked the first anniver- firmation hearing for judicial nomina- their most recent period of Senate con- sary of the September 11 terrorist at- tions, including a judicial nominee trol, which shows starkly how far we tacks on the United States. Americans, from Mississippi. Just as we continued have come. Had they, in the 61⁄2 years very appropriately, honored the mem- to meet and work in the immediate they were in the Senate majority, ory of the brave men and women who aftermath of the attacks on September acted as fairly and as quickly on Presi- died in that terrible time. Our 11, we also proceeded with hearings dent Clinton and President Bush’s judi- thoughts were and are with those who through and in the immediate after- cial nominees as we have, we would perished that day, the loved ones they math of the receipt of the anthrax let- have far fewer vacancies. left behind, and the heroes who acted ters sent to Majority Leader DASCHLE The truth is that we have done about with fearlessness, bravery and hope. and to me. twice as much as they. With today’s The world has changed during the We worked hard to improve what be- vote, the Democratic-led Senate will last year, but, fortunately, the prin- came the USA PATRIOT Act with bi- confirm its 75th judge—exceeding the

VerDate Sep 04 2002 02:01 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.004 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8511 number of circuit and district court Yesterday I noticed our 24th hearing controversy or opposition was that of nominees the Republican Senate ma- to be held next week. I intend to call Judge Rosemary Barkett of the Florida jority was willing to confirm in the Professor Michael McConnell of Utah Supreme Court to the 11th Circuit. I do last 30 months of their control of the as a nominee at that hearing. Despite recall that Judge Barkett was strongly process. Democrats have done more the fact that the committee has al- and vociferously opposed by a number than Republicans did in less than half ready acted upon and the Senate has of Republican Senators because of what the time. Likewise, in less than 15 already confirmed Judge Harris Hartz they viewed as a judicial philosophy months of Democratic control of the last December and Judge Terrence with which they did not agree. Those committee, we have held more hear- O’Brien this April to the 10th Circuit, voting against her confirmation in- ings, for more nominees, and voted on the first new 10th Circuit judges in 7 clude Senators HATCH, GRASSLEY, more nominees in committee, and the years, I will proceed with a third hear- MCCONNELL, SPECTER, and THURMOND, Senate has confirmed more nominees, ing on a 10th Circuit nominee at the re- all of whom are now on the Judiciary than the Republicans did in their first quest of Senator HATCH. The other cir- Committee, as well Senators LOTT, 15 months of control of the committee cuit court for which we have held hear- NICKLES, and HUTCHISON of Texas. in 1995 and 1996. ings on three nominees has been the Judge Barkett received the highest rat- That today the Senate will confirm 5th Circuit. There, we proceeded with ing of the ABA, ‘‘Well Qualified,’’ and the 75th judge since July, 2001, is indi- nominees at the request of Senator yet 36 Republicans voted against her cation both of what we have been able LOTT and Senator HUTCHISON. confirmation, but she was confirmed to accomplish and what could be ac- In addition, at the nominations hear- with bipartisan support, including the complished with some cooperation ing next week we will hear from Dis- support of her home-State Senators. from the White House and Senate Re- trict Court nominees from California, Indeed, there was extended opposition publicans. I have noted how simple pro- Delaware, New Jersey, Tennessee, and both before the Judiciary Committee cedural accommodations that I sug- Texas. By proceeding next week we are gested would have already resulted in and on the Senate floor. able to proceed with a full complement another 10 to 15 fewer vacancies and Unfortunately, the cooperation, co- of District Court nominees. That leaves more confirmations. ordination and consultation that Sen- Unfortunately, my efforts to increase only one District Court nominee with ator Mack and Senator GRAHAM shared cooperation with the White House have the support of home-State Senators with the Clinton White House do not been rebuffed. We continue to get the and an ABA peer review who has not seem to be the model for the way this least cooperation from any White yet been scheduled for a hearing. White House has chosen to commu- House I can recall during my 26 years Today’s vote is on the nomination of nicate with Senator GRAHAM and Sen- in the Senate. This is not the way to Judge Corrigan to the United States ator NELSON. That is most unfortunate. get judges through the Senate. Rather, District Court for the Middle District It is a tribute to Senator GRAHAM and with cooperation, with work, with of Florida. Judge Corrigan has an ex- to Senator NELSON that we have made something more than just words, nomi- tensive career, serving as a general lit- the progress that we have. I know that nees get through. igator in private practice for over 14 it has not been easy. They have been A New York Times editorial this years and as a U.S. Magistrate Judge more than gracious in their willingness week, on September 10, noted: ‘‘We for the Middle District of Florida since to support these nominees. We urge the must fight the enemies of freedom 1996. He received a unanimous ‘‘Well- White House to work with these Sen- abroad without yielding to those at Qualified’’ rating from the ABA and ators to nominate qualified, consensus home.’’ We know that the terrorists has strong bipartisan support. While so nominees for the remaining vacancies are our enemy; they attacked all of us many nominees of President Clinton in the courts. last September 11 and in the attacks had that rating but were never given a With today’s vote, the Democratic that preceded it on U.S. embassies and vote by the Republican majority, majority in the Senate has dem- the USS Cole and the 1993 World Trade Judge Corrigan received a hearing and onstrated once again how it is fairly Center attack. Republicans are wrong a vote within days of his file being and expeditiously considering Presi- to try to make Democrats or the Judi- complete in July. dent Bush’s judicial nominees. We have The confirmation of Judge Corrigan ciary Committee the enemy. We all worked very hard to provide bipartisan today will bring additional resources to want to ensure an independent and im- support for the White House’s nomina- the U.S. District Court for the Middle partial Federal judiciary as a protector tions in spite of its lack of willingness District of Florida. Judge Corrigan was of our freedoms. Thus, ends-oriented, to work with us in partnership. ideologically driven nominees selected nominated to fill a new position Con- Mr. HATCH. Mr. President, I rise in to push the circuit courts and the law gress created by statute in 1999 to ad- support of the confirmation of Tim in a rightward direction are going to be dress the large caseload facing the fed- Corrigan to the U.S. District Court for scrutinized and may well be rejected. eral courts in Florida. He makes the I hope that, as we did in the days im- second Florida district court nominee the Middle District of Florida. mediately following September 11, 2001 that we will have confirmed in one I have had the pleasure to review last year, we can come together and week. I congratulate Judge Corrigan Judge Corrigan’s distinguished career demonstrate unity. Since last July, we and his family. and I can say, without hesitation, that have greatly reformed the confirma- During the Clinton administration, his confirmation will bring to the Fed- tion process and brought it out of the we all worked very hard in cooperation eral bench, not just a legal scholar shadows and into the light of day. We with Senators GRAHAM and Mack to en- with impeccable credentials, but a car- now hold hearings, debate nomina- sure that the Federal courts in Florida ing individual who used his many skills tions, cast our votes, and abide by had its vacancies filled promptly with and talents to serve his community those votes. That was not the com- consensus nominees and had the judi- and his less fortunate fellow citizens. mittee practice in the recent past, cial resources it needed to handle its Tim Corrigan graduated with distinc- when secret holds and anonymous ob- caseload. Due to bipartisan cooperation tion from Duke University in 1981, jections stalled scores of nominees by among the Senators and with the where he was a member of the editorial President Clinton. We have returned to White House, during the Clinton ad- board of the Duke Law Journal. After the Democratic tradition of regularly ministration, the Senate was able to graduation, he served as a law clerk to holding hearings, every few weeks, confirm 22 judicial nominees from the Honorable Gerald B. Tjoflat of the rather than going for months without a Florida, including 3 nominees to the United States Court of Appeals for the single hearing. In fact, we have already 11th Circuit. It is most unfortunate Eleventh Circuit. held 23 judicial nominations hearings, that such tradition of cooperation, co- Following his clerkship, Judge including one the week of September ordination and consultation has not Corrigan spent 14 years in private prac- 11, 2001, and others during the period in been continued by the current adminis- tice with a prominent Jacksonville law which committee offices and hearing tration. firm, where he focused on civil litiga- rooms were closed because of the an- My recollection is that the only Flor- tion. He also engaged in a substantial thrax letters. ida nomination that generated any appellate practice, including preparing

VerDate Sep 04 2002 01:23 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.007 S12PT1 S8512 CONGRESSIONAL RECORD — SENATE September 12, 2002 appellate briefs and delivering oral ar- American people should not accept plainly gives the President the power gument in several district courts of ap- such a smokescreen. What the Senate to nominate Federal judges. The Sen- peals in Florida, the Supreme Court of leadership is doing is unprecedented. ate’s role is only that of advice and Florida, and the U.S. Court of Appeals Historically, a President can count consent. It is an important role, but it for the Eleventh Circuit. Moreover, on seeing all of his first 11 circuit court is certainly not as important as the Judge Corrigan served as co-counsel in nominees confirmed. Presidents right to nominate judges. a case in the U.S. Supreme Court where Reagan, Bush, and Clinton all enjoyed Maybe they should offer an amend- he had a primary role in the prepara- a 100-percent confirmation rate on ment to the Constitution if they would tion of the briefs. their first 11 circuit court nominees. In like it otherwise, but I know that Judge Corrigan became a U.S. Mag- stark contrast, seven of President amendment would not see the light of istrate Judge in 1996. Because of the Bush’s first 11 nominations are still day. heavy caseload of the Middle District pending now for almost a year and a The bottom line is that President of Florida, the magistrate judges are half since they were nominated. Bush will continue to consult in good entrusted with substantial responsibil- History also shows Presidents can ex- faith with home State Senators about ities. Thus, in addition to handling a pect almost all of their first 100 nomi- judicial nominations. He deserves the broad array of civil and criminal non- nees to be confirmed swiftly. Presi- same courtesy of good faith in return, dispositive motions, he has conducted dents Reagan, Bush, and Clinton got 97, not the partisan rejection of qualified numerous evidentiary hearings in 95, and 97, respectively, of their first nominees that the committee Demo- criminal cases and issued many reports 100 judicial nominations confirmed. I crats have handed him. and recommendations regarding dis- know that is true. I helped to get Mr. President, last week in the Judi- positive criminal motions. He has also President Clinton’s 97 of his first 100 ciary Committee, one of my colleagues exercised full jurisdiction over Federal judicial nominations confirmed. In this appeared to partially justify his vote civil cases, including a lengthy jury case, the Senate has confirmed only 73 against Justice Priscilla Owen by trial. of President Bush’s first 100 nominees. claiming that the White House failed Judge Corrigan has published a num- Some try to blame Republicans for to consult him on the nomination of ber of legal writings and recently par- the current vacancy crisis, and that is Judge Reena Raggi from his home ticipated in a revision of the Middle pure bunk. In fact, the number of judi- State of New York. I ask unanimous consent to print in District of Florida’s Civil Discovery cial vacancies decreased by three dur- the RECORD a letter from the White Handbook. He has also taught law ing the 6 years of Republican leader- House counsel totaling the number of school classes as an adjunct instructor. ship of the committee. There were 70 consultations that were made with the Judge Corrigan has been recognized vacancies left by the Democrats when I distinguished Senator. I think the by the Jacksonville Bar Association for became chairman of the Judiciary record needs to be made clear. the many hours he has spent doing pro Committee in January 1995, and there were 67 at the time the Republicans There being no objection, the letter bono work. Throughout his career he was ordered to be printed in the has volunteered his time for the United left. I might add again—I have said it RECORD, as follows: Way, Big Brothers, the Special Olym- many times, but it needs to be said— pics, the Jacksonville Area Legal Aid, THE WHITE HOUSE, President Reagan was the all-time ju- Washington, September 5, 2002. and the Guardian of Dreams, an organi- dicial confirmation champion with 382 Hon. CHARLES E. SCHUMER, zation that provides scholarships to judges confirmed. He had 6 years of a Hart Office, low-income students. Republican—his own party—Senate Washington, DC. Judge Corrigan will make a fine DEAR SENATOR SCHUMER: I write in re- helping him. President Clinton had vir- member of the Federal Bench. sponse to your statement this morning dur- tually the same number confirmed, 377, Mr. President, I wish to respond to ing a Senate Judiciary Committee meeting and he had 6 years of the opposition some of the remarks of my colleague that you were not consulted by the White party, meaning the Republican Party, House prior to the nomination of Judge from Vermont about the Judiciary to assist him, and he got basically just Reena Raggi to the United States Court of Committee’s treatment of President as many as President Reagan. He was Appeals for the Second Circuit. I was sur- Bush’s judicial nominees. treated very fairly, and I know because prised and very disappointed to hear of your My colleague from Vermont says I was the Judiciary Committee chair- comments, given the extensive consultation that the Judiciary Committee has that took place between us prior to Presi- man for those 6 years. moved 80 nominees and only voted dent’s Bush’s nomination of Judge Raggi in Some have tried to blame the White early May, 2002. against two. This, he says, is a record House for the committee’s sluggish which hasn’t been equaled in years and Our records reflect that beginning in early pace on nominees, and that again is September, 2001—more than eight months years, certainly not during President pure bunk. before Judge Raggi’s nomination was sub- Clinton’s administration. I am frankly Specifically, I want to respond to the mitted to the Senate—my staff called your amazed by this assertion. In fact, under unbelievable allegations that the office numerous times to seek your input on my chairmanship the Judiciary Com- White House has failed to consult with prospective candidates for the Second Cir- mittee did not vote against a single cuit vacancy to which Judge Raggi was ulti- home State Senators about judicial mately nominated. By early November, 2001, nominee. Not a single nominee in the nominations. span of six years of Republican control my staff had provided your office with a list In contrast to the claims of the dis- of the names of candidates, including Judge of the Senate. Even when one of Presi- tinguished Senator from Vermont, Raggi, who we planned to interview for the dent Clinton’s nominees was voted there has been an abundance of con- vacancy. down, the Committee under my chair- sultation by the White House with In mid-November, I advised you that we manship permitted the nomination to home State Senators. In my 26 years, I were prepared to submit Judge Raggi’s go to the floor for a full Senate vote. have not seen anything like it. The names to the President in advance of com- My colleague from Vermont certainly White House has risen above and be- mencing an FBI background investigation, cannot say the same. In the last fifteen Immediately after receiving the President’s yond the call of duty insofar as con- approval, my staff informed yours that months, the Democrat-controlled Judi- sultation is concerned. Judge Raggi’s names had indeed been sub- ciary Committee has already voted My colleagues who complain about mitted to the FBI. At that time, we invited against two nominees in committee the alleged lack of consultation from your staff to contact us at any time with any and voted against allowing their nomi- the White House really want something questions or concerns as you reviewed Judge nations to go to the floor for a vote. else altogether. What they want is for Raggi’s qualifications. No such questions or This is not a record to promote. the President to defer to them 100 per- concerns were ever raised. The real story is the Senate’s Demo- cent on judicial nominations. They In late April, 2002, upon completion of the cratic leadership is treating President FBI background investigation, my staff in- want to be the one to nominate judges formed yours of the President’s intention to Bush unfairly when it comes to judicial with only minimal, if any, input from nominate Judge Raggi. Following the nomi- nominees. Some would justify this un- the White House. nation, you returned your ‘‘blue slip’’ re- fair treatment of President Bush as tit This, of course, would turn the Con- flecting your support for Judge Raggi’s nom- for tat, or business as usual, but the stitution on its head. The Constitution ination. Today, you joined your colleagues

VerDate Sep 04 2002 01:23 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.031 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8513 on the Judiciary Committee in unanimously for recognizing the needs of Florida There being no objection, the mate- voting to approve the nomination. and favorably reporting the nomina- rial was ordered to be printed in the In my view, the extensive consultation tion of Judge Timothy Corrigan. Tim RECORD, as follows: that took place between us concerning Judge Corrigan, an experienced Judge in Flor- Raggi’s nomination reflects the common STATEMENT REGARDING 5TH CIRCUIT COURT OF practice we have followed to date regarding ida’s Middle District, has been nomi- APPEALS NOMINEE JUSTICE PRISCILLA OWEN federal judicial nominations in New York nated to serve as a Federal judge in the Mr. Chairman, I believe that we are headed and elsewhere. In light of this record, I find Middle District of Florida. for a very momentous vote today and I your statements this morning very trou- Tim Corrigan’s qualifications make would like to follow up on a comment made bling. I trust that you share my desire to him an excellent candidate for service by Senator FEINSTEIN in regard to the close- continue the same extensive practice of con- on the Federal bench. Prior to his ap- ness of the last election. I would simply say sultation on federal judicial nominations in pointment as a Magistrate Judge, that whether an election is decided by a few votes or whether it is a landslide, the Presi- New York that has been in place since the Judge Corrigan spent 14 years in pri- President took office. In light of that past dent still has the constitutional duty that is practice and the history of Judge Raggi’s vate practice with the Jacksonville law prescribed in the Constitution and the Sen- nomination, I know that you will want to firm of Bedell, Dittmar, De Vault, ate has its constitutional obligation. I can- issue a public correction of your statements Pillans and Coxe, P.A. As a Magistrate didly do not think that how close an election this morning. Judge since 1996, he has considerable is or whether it was a landslide matters one Sincerely, experience handling a broad variety of bit. ALBERTO R. GONZALES, civil and criminal matters, including Let me talk about Justice Owen’s opinions Counsel to the President. in the Doe cases that Senator FEINSTEIN was conducting numerous evidentiary hear- talking about. I think we need to put this in Mr. HATCH. Finally, some might ings and misdemeanor trials. suggest that the Republicans left an its proper perspective. First of all, these are Judge Corrigan received his law de- not abortion cases. These are parental notifi- undue number of nominees pending in gree, with distinction, in 1981 from cation bypass cases. committee without hearings at the end Duke University School of Law, where As we all know, these were a series of of the Clinton administration. We did he served as a member of the editorial Texas Supreme Court cases interpreting a leave 41, which is 13 less than the board of the Duke Law Journal. He re- Texas statute that requires a minor to tell Democrats left without hearings in 1992 ceived his undergraduate degree, with one of her parents before she has an abor- tion. None of these cases had anything to do at the end of the Bush administration. honors, from the University of Notre In fact, a number of the nominees now with whether a woman could get an abor- Dame in 1978. tion. That was not before the court. In who have been submitted to the com- Mr. Corrigan is a member of the Flor- Texas, as in the rest of the country, women mittee were submitted by Bush 1 back ida Bar, the Jacksonville Bar Associa- may legally get abortions. in the early nineties. They were never tion, the Federal Bar Association and The question of a right to abortion is not given a hearing, never given a chance, the American Bar Association. The what these cases were about. The only ques- and they are still being dragged Jacksonville Bar Association recog- tion in any of these Doe cases was whether a through the mud—not so much the nized Judge Corrigan in 1991 for his pro minor child could avoid the requirement of mud, but through the difficult times of Texas law to get parental consent to tell one bono services. From 1987–1989, Judge of her parents before she got an abortion. the confirmation process without any Corrigan served on the board of Jack- The Doe cases came to the Texas Supreme hearings. sonville Legal Aid and was honored for Court only after an act of the Texas Legisla- President Bush deserves to be treated his efforts. ture in 1999, when it passed a law that re- at least as well as the last three Presi- I thank my colleagues for consid- quires parental notification when a minor is dent. Instead of thinking up new ways ering this nominee. I am confident that seeking an abortion. Let me just reiterate, to rewrite history, the Senate Demo- they will agree that Judge Timothy the Texas legislature created this notice re- cratic leadership of the committee Corrigan posses the qualities needed to quirement, not the Texas Supreme Court, should begin confirming President and certainly not Justice Owen. effectively serve on the Federal Bench. When the legislature enacted this law, it Bush’s first 11 and first 100 judicial Mr. DEWINE. Mr. President, as Sen- included a process that a minor could use to nominations at a pace that matches or ator HATCH just mentioned, last Thurs- circumvent the notice requirement. The leg- exceeds the rate we reached for Presi- day, on September 5, 2002, the Judici- islature looked to the United States Su- dent Reagan, President George Herbert ary Committee met in an executive preme Court and looked to the precedent of Walker Bush, and President Clinton. business meeting and considered the the Supreme Court on parental notice rights I think it would be fair, and I hope nomination of Texas Supreme Court to craft what was intended to be a limited we can some day in the future work it Justice Priscilla Owen to be a Federal exception to the parental notice rule, but an out where both sides on the Judiciary exception that was constitutional. Court of Appeals Judge for the 5th Cir- The process allowed a teenage girl to go to Committee will work together to see cuit. As a member of the Judiciary a State court judge and ask for a ‘‘judicial that these nominations are brought to Committee, I participated in the de- bypass’’. The legislature instructed the court the floor where, in an expeditious fash- bate on her nomination and then cast to grant the bypass if the young lady could ion, the Senate as a whole can decide my vote in Owen’s favor. Unfortu- demonstrate one of the following. Senator whether or not to confirm them. We nately, Owen’s nomination was re- FEINSTEIN has outlined these, but I am going have to work towards that end. I am jected on a straight party-line vote of to read them again because I think it is im- going to be dedicated towards working nine in favor and ten against. I thought portant to understand the context of these decisions. toward that end. that the issues that had been raised One, the minor is mature and sufficiently I know there are colleagues on the against Justice Owen were unfounded. I well informed to make the decision to have other side on the Judiciary Committee won’t go into Justice Owen’s excellent an abortion performed without notification who would like that as well. I believe it qualifications here today, nor will I ad- to either of her parents; OR if she could dem- will end a lot of this partisan confu- dress objections that have been raised onstrate that notification would not be in sion. Frankly, I hope we can see that regarding her nomination. the best interests of her; OR, three, if she the Constitution will be implemented However, had the full Senate engaged could demonstrate that notification may and that the Senate as a whole will de- in a debate on Justice Owen, and I lead to physical, sexual, or emotional abuse of the minor. cide whether or not to confirm these think she deserved such a debate, I Now, while these exceptions appear people. If that were the case, I have no would have pointed out significant straightforward, as with all statutes in a doubt that Judge Pickering would have mischaracterizations that have been common law system—and that is what we been confirmed to the Fifth Circuit made about her decisions in a series of are dealing with—the terms are, of course, Court of Appeals, and I think there is parental notification cases before the subject to interpretation by the courts. And no question that Justice Priscilla Owen Texas Supreme Court. I discussed this I would submit that what we see in the Texas would have been confirmed to the Fifth issue in the Judiciary Committee de- Supreme Court is that give-and-take on the Circuit Court of Appeals. I have high bate, so for the information of other interpretation; that when you look at both the majority and minority opinions in each hopes they will be confirmed in the fu- Senators who did not have the oppor- one of the cases, you will see interpretation. ture anyway. tunity to participate in that debate, I So that should not be the issue. Mr. GRAHAM. Mr. President, I would ask unanimous consent to print my Many, many, many statutes every single like to thank the Judiciary Committee committee statement for the RECORD. day are construed by our courts, and the

VerDate Sep 04 2002 02:01 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.032 S12PT1 S8514 CONGRESSIONAL RECORD — SENATE September 12, 2002 courts are obligated to interpret and apply same issues. So before this case ever reached vote in relation to each amendment, the statutes as they believe the legislature the Texas Supreme Court, the case had al- which 1 hour equally divided and con- intended. ready been decided once at the lower court trolled between the proponents and op- Senator FEINSTEIN and others at the hear- and already decided at the appellate court. ing raised the issue of statutory construc- I believe these are important points, all of ponents of each amendment, with no tion, and basically the charge was that Jus- them, all three, about how Justice Owen second-degree amendments in order to tice Owen had become a judicial activist. Let analyzed the Doe cases. And I think it may either amendment prior to a vote in re- me talk, if I could, about some questioning I be constructive to put these cases in the con- lation to each amendment; that upon did of Justice Owen at the hearing on three text of all the bypasses requested by teenage the use or yielding back of time, with- separate issues. girls in Texas. out further intervening action or de- I asked Justice Owen about her analysis of We don’t know the total number and I am bate, the Senator vote in relation to the Texas parental notification statute. She not sure really what great significance it the Thompson amendment, to be fol- made these three points about decision mak- has, but we do know that at least 657 bypass ing in state courts of appeals, and although petitions were filed between January 1, 2000 lowed by an immediate vote in relation I think these points are obvious, I would like and March 8, 2002. This is the number of to the Hollings amendment; that upon to repeat them because I think it gives us a cases in which the Texas Department of disposition of these amendments, Sen- better understanding of what the issues are Health paid some of the expenses for filing ator BYRD be recognized to offer a first- in front of us. the petition. So it is the minimum number of degree amendment, as provided for I think that it is particularly important cases that were just filed. under a previous order; provided fur- for the Committee to consider how the Texas Of all these cases, we ended up with 10, 12 ther, that following a vote in relation Supreme Court analyzed the Doe cases and cases that got to the Supreme Court, depend- whether that analysis was consistent with ing on how you calculate them. Some came to the Thompson amendment, regard- standard appellate review. up for the second time on review. Of these less of the outcome, the Senate vote in First, Justice Owen told me that the Texas ten cases, Justice Owen thought the major- relation to the Hollings amendment; Supreme Court applied the standard pre- ity of the Texas Supreme Court got it wrong that if neither amendment is disposed sumption, something that all courts must three times. So she is only in the minority of, then the amendments remain debat- apply, that a state legislature is aware of three times in the Texas Supreme Court, and able and amendable. U.S. Supreme Court precedent on an issue on in these cases she agreed with both lower The PRESIDING OFFICER. Without which it is legislating. So in interpreting the courts. I think these are things that we need objection, it is so ordered. statute, both the majority and, in a dissent, to keep in mind to put this in its proper per- Mr. REID. Madam President, the Justice Owen applied this rule of construc- spective. tion. What we are really talking about here is a only caution I will make is that this The language of the Texas statute tracks small handful of cases. A handful of cases in order does not provide for who is for closely with language in Supreme Court which a minor was required under Texas law and against these amendments. We precedent on the issue. It therefore was sim- to tell one of her parents that she wanted to really do not know at this stage. When ply standard procedure for the justices to have an abortion. Justice Owen conducted a the time of noon arrives, the Chair will look to the U.S. Supreme Court case law to perfectly reasonable analysis in her opin- have to make some ruling as to who is interpret the Texas law. You can’t interpret ions. In three of those cases, she came to a going to control the time in opposition one without the other. It was not an act of different conclusion than the majority of the activism in any sense. It was merely stand- court. to these amendments, if, in fact, there ard appellate procedure to look at Supreme That conclusion would not, as some would is anyone opposed to them. Court precedent. The only difference in the imply, overturn 30 years of abortion prece- Has the Senator made a decision? outcome of the majority’s opinion and Jus- dent. It would simply require each of these Mr. BURNS. Madam President, I sug- tice Owen’s dissent in one key case had to do three teenage girls to tell one of their par- gest and recommend to the chairman with a pretty nuanced application of the ents that they are going to have an abortion. of the committee that we move forward precedent to the facts of the case. So, in my view, it is ludicrous to think that on this vote. I know Senators have Second, another important point Justice this is sufficient to disqualify Justice Owen made their schedules around the vote Owen made in response to my questions was for a seat on the 5th Circuit Court of Ap- that appellate courts almost always defer to peals. that was determined to happen at 10 trial courts on issues of fact. That was Jus- Mr. Chairman, I appreciate your time. I o’clock this morning. We have other tice Owen’s position in the Doe cases and don’t want to take the committee’s time to business to do on the Interior appro- that is the standard applied to fact issues in talk about all the other issues. I thought I priations bill and a short time within a vast majority of cases in our country’s would just devote my time to that one par- which to do it. I suggest to the chair- courts of appeals. ticular issue. man that we move forward. That deference is necessary because the Am I to understand the vote is to The PRESIDING OFFICER. The Sen- trial courts are in a much better position to occur at 10 o’clock? ator from Vermont. judge factual issues. The trial courts get to The PRESIDING OFFICER (Ms. see the witnesses firsthand and to judge Mr. LEAHY. I suggest we go ahead STABERNOW). The Senator is correct. with the vote. I will ask for the yeas their credibility. These Doe cases obviously Mr. REID. Madam President, I do not hinge on that analysis, the analysis by the and nays once it is reported. trial court, the trial court’s ability to judge want to cut Senator HATCH off from The PRESIDING OFFICER. The yeas the demeanor of the witnesses, the trial speaking, but I have to acknowledge and nays have previously been ordered. court’s determination of the facts. The trial that this judge will be approved by, I Mr. LEAHY. I understand. court, for example, had the advantage of ac- think, a unanimous vote. Unless Sen- The PRESIDING OFFICER. Under tually listening to the teenager’s testimony ator BURNS feels strongly to the con- the previous order, the question is, Will to determine whether she was ‘‘mature’’ or trary, we should go ahead with the the Senate advise and consent to the not. vote. If Senator HATCH has something Now, in all the cases before Judge Owen— nomination of Timothy J. Corrigan, of I think we need to keep this in mind—in all to say, he can speak after the vote. If Florida, to be United States District the cases, when we think about the factual Senator BURNS wants him to speak, I Judge for the Middle District of Flor- determination that the teenager had not met will be happy to do that. Senators are ida? The yeas and nays have been or- the requirements for a judicial bypass. The waiting around to vote. Schedules have dered, and the clerk will call the roll. trier of fact had already made that deter- to be met. The assistant legislative clerk called mination. UNANIMOUS CONSENT AGREEMENT—H.R. 5005 the roll. The final point, again to state the obvious, Mr. REID. Madam President, while Mr. REID. I announce that the Sen- that was brought out in my discussion with Justice Owen was that before the Texas Su- the Senator is making that decision, I ator from Hawaii (Mr. AKAKA), the Sen- preme Court ever heard a parental notifica- ask unanimous consent that at noon ator from Delaware (Mr. CARPER), the tion case, a bypass case, a number of judges today, when the Senate resumes con- Senator from New York (Mrs. CLIN- had already denied the bypass. sideration of H.R. 5005, the homeland TON), the Senator from Connecticut First, the trial judge would have ruled security legislation, the Thompson (Mr. DODD), the Senator from New Jer- against the teenager not just once, but real- amendment be set aside and Senator sey (Mr. TORRICELLI), and the Senator ly on all three of the ways that she could HOLLINGS be recognized to offer a first- from Minnesota (Mr. WELLSTONE), are achieve the bypass. The judge would have had to have found that she had not proven degree amendment relating to national necessarily absent. her case on any of the three. security; that the Hollings and Thomp- Mr. NICKLES. I anounce that the Next, a three-judge court of appeals would son amendments be debated concur- Senator from Wyoming (Mr. ENZI), the have ruled against the teenager on these rently for a total of 2 hours, prior to a Senator from New Hampshire (Mr.

VerDate Sep 04 2002 01:23 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.093 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8515 GREGG), the Senator from North Caro- there will be objection. However, this no objection to the Pennsylvanian peo- lina (Mr. HELMS), the Senator from Ar- relates to the award of the special Con- ple being included, but certainly I have kansas (Mr. HUTCHINSON), the Senator gressional Gold Medal to the crew and objection to leaving out some of the from Alabama (Mr. SESSIONS), and the passengers on flight 93. heroes in New York who were not po- Senator from New Hampshire (Mr. I had said on Wednesday and Tues- lice and firefighters—they were in- SMITH) are necessarily absent. day, yesterday and the day before, that cluded—but we have lots of people who The PRESIDING OFFICER. Are there I intended to do this. Since making tried to carry people downstairs and any other Senators in the Chamber de- that announcement, I have discussed everything else. That is what we have siring to vote? the matter with the Senator from New to work out. So I will reluctantly ob- The result was announced—yeas 88, York, who is in the Chamber, and also ject and hopefully we can resolve this nays 0, as follows: the Senator from Texas, who is the shortly. [Rollcall Vote No. 213 Ex.] ranking member of the Banking Com- The PRESIDING OFFICER. Objec- tion is heard. The Senator from Penn- YEAS —- 88 mittee. I asked the chairman to be present, but he had other business to sylvania. Allard Durbin McCain Mr. SPECTER. I thank the Senator Allen Edwards McConnell which he had to attend. Baucus Ensign Mikulski This unanimous consent request is to from New York for his comments. As I Bayh Feingold Miller proceed to the second reading of the said, I anticipated the objection. I am Bennett Feinstein Murkowski bill, which I will object to, and then to willing to work with the Senator from Biden Fitzgerald Murray New York to give recognition to the Bingaman Frist ask unanimous consent that S. 2924, Nelson (FL) many heroes who were involved in the Bond Graham Nelson (NE) which was previously introduced as S. Boxer Gramm Nickles rescue effort in the World Trade Center Breaux Grassley 1434, be taken up, and the Senator from Reed towers. There is no doubt about that. Brownback Hagel New York will object to that. I said Reid However, I do want to get it moved Bunning Harkin that if he was absent I would object on Roberts Burns Hatch his behalf. along. I think this is something that Byrd Rockefeller Hollings I am doing this so it will be known would have been better had we been Campbell Hutchison Santorum able to finish it before September 11, Cantwell Sarbanes that every effort is being made by this Inhofe 2002. However, since we did not do that, Carnahan Inouye Schumer Senator to get a resolution of S. 2924, Shelby since it is September 12, we now have a Chafee Jeffords which seeks to give gold medals, spe- Cleland Johnson Smith (OR) calendar to move it ahead. cial Congressional Gold Medals, to all Cochran Kennedy Snowe I thank the Chair and my colleague Collins Kerry Specter those who were on flight 93. from New York for yielding the floor. Conrad Kohl Stabenow There are others, including the Sen- Corzine Kyl Stevens ator from New York, who would like to f Craig Landrieu Thomas Crapo Leahy Thompson include other people. The Banking RECESS SUBJECT TO THE CALL OF Daschle Levin Thurmond Committee ranking member wants to THE CHAIR Dayton Lieberman Voinovich sit down—which we are committed to DeWine Lincoln The PRESIDING OFFICER. Under Warner Domenici Lott do early next week—to try to get it re- the previous order, the Senate stands Wyden Dorgan Lugar solved. However, for purposes of the in recess, subject to the call of the NOT VOTING —- 12 record, I would like to proceed now Chair. with the second reading. Akaka Enzi Sessions Thereupon, the Senate, at 10:33 a.m., Carper Gregg Smith (NH) The PRESIDING OFFICER. The recessed until 11:09 a.m. and reassem- Clinton Helms Torricelli clerk will read the title of the bill for bled when called to order by the Pre- Dodd Hutchinson Wellstone the second time. siding Officer (Mr. EDWARDS). The nomination was confirmed. The assistant legislative clerk read f The PRESIDING OFFICER. Under as follows: LEGISLATIVE SESSION the previous order, the President will A bill (S. 2924) to authorize the President be immediately notified of the Senate’s to award posthumously the Congressional action. Gold Medal to the passengers and crew of DEPARTMENT OF THE INTERIOR flight 93 in the aftermath of the terrorist at- f tack on the United States on September 11, AND RELATED AGENCIES APPRO- PRIATIONS ACT, 2003 LEGISLATIVE SESSION 2001. Mr. SPECTER. Madam President, I The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under will now ask the Senate proceed to ate will resume consideration of H.R. the previous order, the Senate will re- consider the bill, and I object to my 5093, which the clerk will report. turn to legislative session. own request. A bill (S. 5093) making appropriations for f The PRESIDING OFFICER. Objec- the Department of the Interior and related tion is heard. The bill will be placed on agencies for the fiscal year ending Sep- ORDER OF PROCEDURE tember 30, 2003, and for other purposes. the calendar. Mr. DASCHLE. Madam President, I Pending: f ask unanimous consent that the Sen- Byrd Amendment No. 4472, in the nature of ator from Pennsylvania, Mr. SPECTER, UNANIMOUS CONSENT REQUEST— a substitute. be recognized for a period not to exceed S. 2924 Byrd Amendment No. 4480 (to Amendment No. 4472), to provide funds to repay accounts 5 minutes, and that following the re- Mr. SPECTER. I ask unanimous con- from which funds were borrowed for emer- marks of the distinguished Senator sent—and I understand there is an ob- gency wildfire suppression. from Pennsylvania, the Senate stand in jection, but for the record I ask unani- Craig/Domenici Amendment No. 4518 (to recess subject to the call of the Chair mous consent to take up S. 2924. Amendment No. 4480), to reduce hazardous to accommodate Senators who wish to The PRESIDING OFFICER. Is there fuels on our national forests. watch the President’s speech. Dodd Amendment No. 4522 (to Amendment objection? The Senator from New No. 4472), to prohibit the expenditure of The PRESIDING OFFICER. Without York. funds to recognize Indian tribes and tribal objection, it is so ordered. The Senator Mr. SCHUMER. Reserving the right nations until the date of implementation of from Pennsylvania. to object, and I will object, the inten- certain administrative procedures. f tions of the Senator from Pennsylvania The PRESIDING OFFICER. The Sen- are good and noble and I am supportive ator from Missouri is recognized. MEASURE PLACED ON THE of them, but there are people in New AMENDMENT NO. 4518 CALENDAR—S. 2924 York who should be taken into account Mr. BOND. Mr. President, I rise to Mr. SPECTER. Madam President, I as well. We have been negotiating for a support the Craig second degree ask unanimous consent to proceed as little while. We will continue to nego- amendment. This amendment will ad- in morning business to allow for the tiate and hopefully come to a happy dress the continuing problem of haz- second reading of a bill. I understand resolution. That is why I object. I have ardous fuels buildup in our Nation’s

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.003 S12PT1 S8516 CONGRESSIONAL RECORD — SENATE September 12, 2002 forests. Unfortunately, the excessive I believe that the Craig hazardous of wooded lands burned—more than buildup of these fire producing fuels fuels reduction amendment will accom- 3,000 acres over the ten year average. has reached a crisis stage. plish this goal. This amendment is de- The time for this body to act on this Nowhere is this fact more evident signed to cut through bureaucratic red problem is now. than what is happening in our forests tape and speed up the review and ap- As stated earlier, I believe that the this year. Currently, conditions in our proval process for fuels reduction ef- Craig amendment will address most of Nation’s forests are terrible. The fire forts. the fuels buildup issues in Missouri’s risks as a result of the buildup of these Specifically, this amendment limits forests, and prioritize them for expe- fuels are extremely high. According to projects to areas that qualify as Condi- dited cleanup. In closing, I urge you to the Society of American Foresters, ‘‘As tion Class 3 or high fire risk areas with vote in favor of this amendment. By a result of 80 years of fuels accumula- priority placed on wildlife urban inter- expediting the cleanup or clearing of tion and several years of drought, the face zones, municipal watersheds, dis- these fuels, Missouri and the rest of the potential for wildfire is at an all time eased, dying, insect-infected or wind- Nation can expect to see the risks of high in many regions of the U.S.’’ In thrown trees and areas susceptible to catastrophic wildfires reduced. addition to this, recent forest service reburn. I yield the floor. estimates indicate that approximately Proposed projects must also be con- The PRESIDING OFFICER. The Sen- 73 million of the Nation’s national for- sistent with the applicable forest plan, ator from Oregon. ests are at risk from ‘‘catastrophic’’ resource management plan, or other Mr. WYDEN. Mr. President, I ask wildfire. applicable agency plan. Furthermore, unanimous consent that I proceed after For many of the states, the damage this amendment limits the aggregate the remarks of the distinguished Sen- is already done. As you all know, many treatment area to 10 million acres of ator from Utah, Mr. HATCH. western states have experienced dev- Federal land or roughly 6 percent of The PRESIDING OFFICER. Without astating wildfires—fires that have not the 190 million acres of Federal lands objection, it is so ordered. only destroyed homes and property, that are at high risk of wildfire. Mrs. FEINSTEIN. May I amend that? but vast acres of trees and wildlife as Finally, the Craig amendment allows The PRESIDING OFFICER. The Sen- well. As of late August, more than 6.3 parties to seek judicial review in Fed- ator from California. million acres of land have burned this eral district court. Mrs. FEINSTEIN. Mr. President, I fire season—more than double the 10- This amendment is important to Mis- wish to make a few comments directly year average. So far in this fire season, souri because it addresses most of the following Senator WYDEN, if I may. we have seen devastating fires in Colo- causes of excessive fuels buildup in The PRESIDING OFFICER. Without rado, Arizona, New Mexico, Alaska, Missouri Forests. objection, it is so ordered. and Oregon. The Senator from Utah. Mr. President, these fires not only No. 1, there has been a significant in- Mr. HATCH. Mr. President, I com- clean out and tear down living trees, crease in fuels in the Mark Twain Na- pliment the distinguished Senator from they kill the wildlife, they threaten tional Forest as a result of a serious Missouri. He has stated the case very homes, they threaten lives; most of all, tornado that occurred in Southeast dramatically, not just for Missouri but they scorch the Earth, subjecting it to Missouri on 4/24/02. in many respects for the rest of the disastrous soil runoff into our Nation’s According to the U.S. Forest Serv- West and many States in this Union rivers, streams, and lakes, and knock- ice’s Tornado Fuels Assessment for the where we are losing our forests because ing out the potential of forest regrowth Mark Twain, heavy winds from the tor- we cannot clean out from the forests for decades. nado caused tops of trees to be broken The time for addressing the problem off, stems splintered and whole trees to the existing fuel. We cannot keep the of excessive fuels buildup in our forests be uprooted. Because of this damage, forests thin so they are not susceptible is long overdue. Current efforts to re- fuels in this region of the forest have to the tremendous losses we have been duce fuel loads are taking far too long increased by anywhere from 5–25 times suffering. due to senseless bureaucratic delays. pre-tornado conditions. Utah is no exception. We have lost According to the U.S. Forest Service, Fuels in the tornado-affected areas thousands and thousands of acres of it can take up to 8 years to plan and are now classified under two levels: wonderful forests. We have not been executive a relatively routine fuels re- ‘‘very high to extreme fire danger’’ and able to take care of the forests because duction project. We simply cannot af- ‘‘high fire danger.’’ Currently, over 470 of basically what I consider to be envi- ford to wait this long. valuable private structures near this ronmental extremism. We are all envi- We are talking about good science- damaged area are endangered by this ronmentalists. We all want the forests based forest management here. In a let- fuels buildup. to last. We all want to make sure it ter to the St. Louis Post Dispatch, Dr. No. 2, Missouri has a significant works. Gene Garrett of the University of Mis- number of wildlife urban interface My gosh, what has been going on in souri School of Natural Resources, who areas. These are areas in and around this country is environmental groups has studied and taught forestry for forests that have a high population using the courts to override our profes- over 32 years, indicates that ‘‘In many with a significant number of private sional land managers. It has led to a forests in the west, trees become sus- structures. Some of these areas include total neglect of the forests, a total ne- ceptible to insects and disease, die off, individual residences, numerous rural glect of what we consider to be not and add their wood mass to an already subdivisions and small towns. These only natural resources but the beau- excessive fuel load on the forest floor. areas are particularly prevalent in tiful forests of this land and the ability Studies have shown that fuel loads are southeast Missouri. to keep them beautiful. 5–10 times higher per acre in the pine No. 3, in additional to the tornado, The PRESIDING OFFICER. At 12 and mixed conifer types in the west several years of drought, oak decline noon, the Senate will resume the issue than during pre-settlement times. For- and oak mortality have accelerated the of homeland security. est scientists all across the country be- process of fuels buildup in other areas Mr. WYDEN. Mr. President, the Sen- lieve that reduction of these excessive of the Mark Twain. The USFS has pre- ate has before it the Craig-Domenici fuel loads is the necessary and prudent pared an Environmental Impact State- amendment with respect to how we action to take to restore the health of ment for oak decline and forest health should spend the money we have in this our forests, to protect our environ- for a 192,000 acre area of the Mark appropriations bill designated for haz- ment, to protect our wildlife. Twain where trees are dying from a ardous fuels reduction. It is an enor- If we do not address this problem combination of age, drought and insect mously important issue to my con- now, we risk losing many of America’s infestation red oak—bores and two line stituents. most pristine forests due to wildfire chestnut bores. I chair the Senate Subcommittee on devastation. Congress needs to pass The first of Missouri’s two fire sea- Forest and Public Lands Management. legislation to streamline and expedite sons starts next month. The most re- There were devastating fires through- the clearing of these fire producing cent high wildfire season in Missouri out this summer all over the west. Be- fuels. occurred in 2000 when over 8,700 acres cause of that, I have spent a large

VerDate Sep 04 2002 01:57 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.008 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8517 chunk of my waking hours in the last So what I have tried to do, along there is a commitment to cut these few months, both out in Oregon and with Senator FEINSTEIN, Senator never-never land legal processes down here in DC, trying to find the common BINGAMAN, and others who spent many in a significant way, but they have to ground that would allow us to deal hours with us, is to come up with a rea- maintain the integrity of the system. with the risk of fire on the millions of sonable, mainstream proposal to re- Already I mentioned the prospect of acres of national forest land that are duce hazardous fuels, improve the envi- being able to save 11⁄2 to 31⁄2 years of fire prone and at the same time be sen- ronment and protect communities. time when we are talking about the sitive to environmental values and For example, we have said there categorical exclusions from required legal processes. ought to be a categorical exclusion NEPA analysis on hazardous fuels that It saddens me to rise today in opposi- from required NEPA analysis of the myself and Senator BINGAMAN and oth- tion to this amendment because I had hazardous fuels reduction projects that ers have supported. That is a signifi- hoped by this morning to be able to produce a significant amount of green cant step towards reducing the time come to the Chamber and talk about timber and salvage when accompanied line that so many folks are upset about how the Senate had found common by environmental safeguards like pro- in pursuing hazardous fuels reduction ground. I know the distinguished Sen- tecting big old trees and the assurance projects. ator from California, Mrs. FEINSTEIN, is that the building of new roads will not I am open to other ideas and sugges- very much committed to this as well. waste the limited resources we have for tions but I hope the Senate will not I agree that hazardous fuels reduc- such projects. This provision that we support the amendment that is before tion on our national forests must be have talked about could save between us now. I do believe what will happen if pursued aggressively. I strongly believe 11⁄2 and 31⁄2 years of time. this amendment passes is that plain- in the concept of expedited treatment Going even further, we said—and this tiffs will be suing over stumps. People for fire-prone areas, but I simply can- can only be done by statute—there will not be able to have the issues ad- not agree to the excessively broad should be no administrative appeals on dressed, in effect, while it is appro- slashes that this amendment takes at these projects. priate, while the case is moving for- our environmental laws. Senator BINGAMAN, Senator FEIN- ward. That is why I think the amend- For instance, let me spend a moment STEIN, myself and others, have said ment is an overreach. talking about some of the provisions these are the kinds of ideas and ap- I hope my colleagues will continue to with respect to access to the courts proaches that help to bring the Senate work with Senator BINGAMAN, Senator that are in the amendment that is be- together to try to find the common FEINSTEIN and me, and the many col- fore the Senate this morning. ground in this area. Unfortunately, leagues who would like to find common First, I feel strongly that citizens that has been unacceptable to my col- ground come forward to work with us have a constitutional right to access leagues on the other side of the aisle up and support a package that would the courts with respect to concerns to this point. That is why I believe the allow us to get expedited treatment for over the management of our national Craig-Domenici language that over- important projects while at the same forests, but I also believe they do not reaches will polarize, in my view, this time be sensitive to fair access to the have a constitutional right to a 5-year very contentious debate even further. courts and to environmental values. delay. So, I have made it clear I sup- I would like to see the Senate make I yield the floor. port reforms that address these ques- a very real and meaningful attempt to The PRESIDING OFFICER. The Sen- tions and expedite the critical work address the important forest manage- ator from California. that needs to be done. But, I want my ment issues and reduce the risk of Mrs. FEINSTEIN. Mr. President, I colleagues to understand this amend- wildfire. I would like to see expedited truly believe we have a real fire emer- ment before us today goes too far and treatment for key areas. My sense is gency in America’s forests. It is precip- that is why I oppose it. there is broad agreement now that on 5 itated somewhat by drought, but it is This amendment strips away a plain- million acres, even 6 million acres—I precipitated by a very flawed forest tiff’s right to a temporary restraining have heard colleagues talk about 7 mil- policy, a forest policy that has prac- order and a preliminary injunction. lion acres—if we could address the ticed fire suppression and spent over a This means, essentially, that the plain- questions of a fair and open process billion dollars this year in suppressing tiff’s case will be heard on its merits, with respect to the courts, the Senate the largest number of acres burned in but while he is waiting to be heard the could come together. the history of our Nation—6 million agency does not need to wait to com- I am very anxious to work with my acres burned, 28 people lost, hundreds plete the project over which the suit colleagues to do that. But given the of millions of dollars of property lost, was filed. In effect, people are going to contentiousness of this issue, I think and a major concern of the American be suing over stumps. the amendment before us now so re- people. All the money cannot be spent I do not think that is what the Sen- strains people who would like to bring suppressing fires. We have to begin to ate wants. I do not think that is what legitimate questions of forest policy to spend the money grooming forests so makes sense. the courts, that provision is going to so they are more fire resistant. They are going to say this keeps the polarize the Senate as to set back the Over the past 100 years, there has courthouse door open. I want my col- effort to try to find common ground. been a buildup of underbrush, a buildup leagues to know that though the court- What I want to do is work on a bipar- of dead, dying, and downed trees, a house door may be open, the effect of tisan basis to implement the National buildup of infested trees, and a buildup this provision is the plaintiff never Fire Plan. That is a collaborative ef- of nonindigenous species trees which makes it past the coat closet of the fort. That is the kind of effort that become fire ladders. All of this pre- courthouse. This is not a meaningful would bring the Senate together. That sents fire ladders. So a fire begins, and and balanced approach to forestry. Jus- is what we were able to do in the coun- it ‘‘ladders’’ up into the crowns of old tice is not going to be found with re- ty payments law and I hope we can do growth, and there is a fire conflagra- spect to the provisions as written. it again. tion. I watched that happen in Colo- This issue is fundamentally about We have to put firefighting dollars rado. I flew over the fires in Arizona. trust. Certainly, there are many good where they can best be used in a stra- We watched it happen in New Mexico. people at the federal land management tegic way to reduce hazardous fuels, to Yes, it is happening in California, and agencies. But suffice it to say there are start in the places where treatment we are not through with our fire season many in the environmental community would be most effective, the wild and yet. that do not trust the natural resources urban interface ecosystems and munic- There is a true bona fide message. It leadership of these agencies. There are ipal watersheds where fire can cause needs to be met. I have been trying to many on the other side and many peo- the most damage. work with Senator WYDEN, Senator ple in rural communities who believe Senator BINGAMAN has worked with CRAIG, Senator KYL, Senator DOMENICI, there are some in the environmental Senator FEINSTEIN and others on that. Senator BURNS. We have spent hours community that simply are committed I think this is the kind of approach trying to come up with a bipartisan to delay. that brings people together. Certainly amendment which could get 60 votes on

VerDate Sep 04 2002 01:57 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.015 S12PT1 S8518 CONGRESSIONAL RECORD — SENATE September 12, 2002 this floor. I believe we are relatively fort. And on the Republican side, we on watersheds. They have been dam- close to those 60 votes. Senator WYDEN have to be able to convince them we aged beyond repair. It will take years has indicated some of the parameters are serious about moving in a construc- and years for them to be restored. It in which we have been negotiating. tive, emergency way to address the impacts municipalities and also im- We have 74 million acres of forests in problem of catastrophic fire in our pacts wildlife—fish. the highest risk of catastrophic fire; 24 country. We can do it. Senator CRAIG, How much do we have to show Amer- million of those acres are Federal Senator KYL, Senator BURNS, Senator ica that the past 20 years have been a lands. We took the Federal lands—Cali- DOMENICI, all want to do it. disaster, an unmitigated disaster? This fornia alone has 7 million acres of the It is true that on both sides there are policy was recommended by groups 24 million acres in what is called class different approaches. I believe in a who, at times you have to believe on 3, highest risk of catastrophic fire—to draft either called Bingaman 3 or Fein- the management of forests—there is an see if we could create for 1 year, as an stein Modified—whatever one wants to old saying that says they don’t know amendment in an appropriations bill, call it. We are relatively close to that. the difference between ‘‘sic ’em’’ and an expedited program to address those I am hopeful we can, by unanimous ‘‘come here.’’ Hocus-pocus science—a acres, making 70 percent of the effort consent, not take the vote on any of theory. Feel good, warm and fuzzy—but in urban interface areas where we find these at this time but continue to ne- it burns. That is what we are talking property, and people, where fire is dev- gotiate at least until tomorrow morn- about here and that is what should be astating. Also, in some of the water- ing, and hopefully be able to get at the crux of our discussions with one shed areas, the areas of heaviest pest through the impasse we are in at the another in this Senate. infestation, windthrow, as well as moment—or even to next week. This How do we avoid continuing this in a those acres which are apt to burn— bill will not be included. I believe it is commonsense way, where if you want highly catastrophic. important we try to move more rapidly to debate the science or the decision We are very close. We can agree on this year with hazardous fuels mitiga- made by an agency or a person with re- the number of acres which, after all, tion. In what is Bingaman 3 or Fein- gard to the management of that land, will be conditioned by the amount of stein Modified—whatever anyone wants that it cannot be open and all cards money. We have agreed to truncate the to call it—we have a very good first have to be on the table? That is what administrative process. We concentrate start. we are looking at here. on the areas I have mentioned. We would like to hear from the other So I am going to work with my chair- But on this side of the aisle, there side of the aisle. We would like to con- man, Mr. BYRD, as we try to move this are very strong feelings we should not tinue these negotiations. I am hopeful piece of legislation along. I will tell change the judicial review process. We there is not a vote at this time, that we you, I have never seen more earnest are trying to come to grips with the are able to continue the matter, and we and dedicated people, people dedicated Republicans on this issue. I am hopeful are able to continue to negotiate. I was to solving a problem, than those in this we can. Those on the Energy and Water present at meetings for 3 hours yester- debate, in the private meetings, the Development Subcommittee who are day. I was in a conference call on it for endless hours that negotiation have gone on. I appreciate that because basi- negotiating hopefully will be on that an hour and a half last night. I want cally I think we are driven to take care subcommittee next year as well. If we the Senate to know our efforts are sin- of our forests. But past practices have can have a 1-year trial of moving the cere, they are earnest, that we would administrative processes faster, cre- not given us much help. like to find an accommodation. Mr. President, I now yield time to ating the emergency within these 5 to I yield the floor. my good friend from Colorado. 7 million acres of the 24 million acres, The PRESIDING OFFICER. The Sen- Mr. ALLARD. Mr. President, I thank confining most of it to the urban inter- ator from Montana. the Senator from Colorado for yielding face and the watersheds that are in the Mr. BURNS. Mr. President, I thank some of his time to me. I thank him for resource management and forestry Senator WYDEN and Senator FEINSTEIN. his leadership, trying to bring some plans, we can make a difference. We There is no one better to work with as common sense to the way we manage can see whether it works. we have moved through the negotia- our forests. It is a pleasure for me to be There are people who say it will not tions to change the way we look at on the Senate floor with my western work because there are individuals or management areas with regard to re- colleagues who face a lot of problems groups who will go into court to try to duction of the fuel load on the floors of stop us. I am not sure that is entirely similar to those I am facing in the our forests and dealing with diseased State of Colorado. correct. I thought so initially, and then forests. I looked at a GAO letter. I will read The citizens of Colorado and the west It is most troubling to me that we are facing a challenging time. Faced part of it into the RECORD. It is dated are seeing the results of 20 years of August 31, 2001. It says: with drought and fires across the state, frivolous appeals and putting the U.S. our response to the test of mother na- In summary, as of July 18, 2001, the Forest Forest Service and the Bureau of Land Service had completed the necessary envi- ture is being measured, and will con- Management under such review that tinue to be measured with the passage ronmental analyses and had decided to im- they cannot manage with any common plement 1,671 hazardous fuel reduction of time. Yet the message I want to send projects in fiscal year 2001. Of these projects, sense; 20 years’ experience, with a lot home today, and one that my col- 20 (about 1 percent) had been appealed and of folks on the ground who probably do leagues rising in support of forest none had been litigated. Appellates included not have 2 days’ of education in their health also wish to convey, is that we environmental groups, recreation groups, whole life, but they have been in the must not fiddle while our forests burn. private industry interests, and individuals. forest all their life, saying we are going We have studied forest fires, forest That is just with one program, that in exactly the wrong direction and this health, and forest management. We hazardous fuel reduction project in will lead to disaster. But because they have studied while our forests burn and that year. It would indicate that in do not have a certain standing in the while our critical habitat turns to ash. this small area court challenges have process to get their voice heard, their Yet we continue to imperil life, prop- not been a big problem. Many people warning goes unheeded. erty and nature with catastrophic who believe in the National Environ- So we come to the years of 2000, 2002, wildfires. mental Policy Act, known as NEPA, even 1998. My State of Montana is just I want to thank the rescue workers, believe very strongly that we should completing its fifth year in drought fire fighters, police, sheriffs offices, aid not vitiate the NEPA process in any and also in low snowpack. We had dev- workers, and the thousands of volun- way, and we should not vitiate the ju- astating fires in 2000, with a lesser teers who have battled the blazes all dicial process in any way in this 1-year amount this year because we got a lit- summer long. I hope these brave fire- pilot project. tle rain. But now when the rains come, fighters realize that their efforts are I am hopeful we will be able to find we see the mud slides, devastating mud not in vain, and that new policies will an accommodation that will get 60 slides that take streams out, destroy restore sound forest health and revi- votes. On this side, we clearly have to water quality, damage watersheds. I talize our management of our great get Democrats centered around an ef- have heard people give endless speeches forestlands.

VerDate Sep 04 2002 01:57 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.018 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8519 Unfortunately, today there is an in- closed, homes are damaged and people We all value protection of our forests creasing threat of fire in millions of are trying to dig their yards out of up and the natural beauty of our land. But acres of forestlands and rangelands to ten feet of mud. we can no longer respond and react—we throughout the United States. This In the past six years, six major forest must take the steps to achieve a threat is especially great in the inte- fires have affected the mainstem of the healthy balance and return our forests rior States of the western United South Platte river, a major source of to a state of good health. States, where the Forest Service esti- water for the Denver metropolitan We are facing some serious problems. mates that 39,000,000 acres of National area. The Hayman fire this summer My feeling on this is that the forest Forest System lands are at high risk of was the first of these fires to destroy managers themselves—they are sci- catastrophic wildfire. Denver Water property. entists—know how to best manage our Today’s forestlands and rangelands However, all of these fires have environment. I think we need to give are the consequences of land manage- caused problems with the watershed them some more latitude in practicing ment practices that emphasized the which has negatively affected the qual- good science and protecting forest control and prevention of fires, dis- ity of the water delivered to the two health. rupting the occurrence of frequent low- largest water treatment plants for I will elaborate on this a little later. intensity fires that periodically re- Denver Water. The PRESIDING OFFICER. The Sen- move flammable undergrowth. The Hayman fire completely con- ator from West Virginia. As a result of these management sumed the trees on the acreage sur- Mr. BYRD. Mr. President, I ask unan- practices, forestlands and rangelands rounding Denver Water’s Cheesman imous consent that I may proceed for in the United States are no longer nat- Reservoir, except where Denver had ap- not to exceed 2 minutes before the Sen- urally functioning ecosystems, and plied Forest Service procedures of ate reverts to the homeland security drought cycles and the invasion of in- thinning and brush removal. As a re- bill. sects and disease have resulted in vast sult of the fire and the emulsified gran- The PRESIDING OFFICER. Is there areas of dead or dying trees, over- ite soil surrounding Cheesman, the objection? stocked stands and the invasion of un- burned trees and ash has been washing Mr. THOMPSON. Mr. President, re- desirable species. into the Reservoir as well as into the serving the right to object—I will not Population movement into wildand/ mainstem of the South Platte along object—I wonder if we could agree that urban interface areas exacerbate the the burn area. About 90 percent of Den- the time would not go against either fire danger, and the increasing number ver Water’s property was burned. side with regard to the debate of this At Cheesman Reservoir where Denver of larger, more intense fires pose grave amendment. I ask unanimous consent Water used Forest Service-type tech- hazards to human health, safety, prop- it not go against either side. niques, fire intensity was diminished erty and infrastructure in these areas. The PRESIDING OFFICER. Without and the fire did not destroy the entire In addition smoke from wildfires, objection, it is so ordered. forest. Therefore erosion and attendant which contain fine particulate matter The Senator from West Virginia. water quality degradation will be mini- and other hazardous pollutants, pose Mr. BYRD. Mr. President, I seek the mized. One of the Forest Service man- substantial health risks to people liv- floor at this time to ask unanimous dates in its enabling legislation was consent that the pending amendment ing in the wildland/urban interface. protection of municipal water supplies. The budgets and resources of local, be set aside temporarily so that I may It is imperative that the Forest Service State, and Federal entities supporting offer this amendment on behalf of my- limit fire damage in municipal water- firefighting efforts have been stretched TEVENS shed areas. self and Mr. S . to their limits. In addition, dimin- This will take money, personnel, Mr. PRESIDING OFFICER. Is there ishing Federal resources—including quick response and long-term dedica- objection? personnel—have limited the ability of tion of public resources. In order to Mr. CRAIG. Mr. President, reserving Federal fire researchers to respond to protect and preserve watersheds as the right to object, is it my under- management needs, and to utilize tech- public purpose resources, the Forest standing that we would still allow the nological advancements for analyzing Service will need money and Congres- Craig-Domenici amendment to be in fire management costs. sional support to reverse policies that place when we return? Now, I would like to share with my limit sound forest management. Mr. BYRD. Absolutely. colleagues a little about Colorado’s It is estimated that damage to Den- Mr. CRAIG. I will not object. devastating fire season. Several ver Water facilities from sediment de- Mr. DOMENICI. I would like to know months ago, one third of the State was posits and degraded water quality will what it is. blanketed in smoke from forest fires, occur for the next thirty years. To Mr. BYRD. It will take me a little blocking the sun, the mountain view, date, Denver Water’s cost to try to longer than 2 minutes. and creating major pollution problems, mitigate some of the Hayman fire dam- Mr. DOMENICI. Let me ask if it has and asthma related deaths. Over 500,00 age is over $500,000 for erosion preven- to do with the budget or is in any way acres of Colorado has burned this year. tion and protection of facilities. trying to perfect the budget. The normal is 70,000 acres. It is estimated the cost for the next Mr. BYRD. No. I think the Senator Over the course of the wildfires, safe- 8 weeks will be $100,000/week. Addition- from New Mexico will embrace the ty and emergency personnel have had ally, the life of our reservoirs impacted amendment. to evacuate 142 subdivisions, 85,000 peo- by the fire will be reduced by about 40 Mr. DOMENICI. Mr. President, I sug- ple, and ended up spending more money years due to increased sediment. gest the absence of a quorum. on suppression because of the interface Dredging of the reservoir will solve The PRESIDING OFFICER. The Sen- complexity. It is critical for life and some problems, but will not prevent ator from West Virginia has the floor. property protection to mitigate this the continued inflow of sediment. Mr. BYRD. Mr. President, I ask unan- problem. It is conceivable the total cost of imous consent that the 2 minutes I The result of the catastrophic fires is dredging Cheesman Reservoir will ex- asked for be extended to 4 minutes so a hardened surface that is impen- ceed $20 million. that we would have two additional etrable by water. When the ground These examples are just a few of the amendments and I may show this can’t absorb the water, not only is the tragedies created by the fires. Glen- amendment to the Senator from New drought prolonged, but the water has wood Springs, Durango, Steamboat and Mexico. to go somewhere. So it goes downhill. many more, have suffered as well. Yet The PRESIDING OFFICER. Without As the volume of the water increases, the quiet tragedy of the fires will not objection, it is so ordered. it picks up rocks, additional—possibly be revealed for years—what have we Mr. DOMENICI. I thank the Senator. undamaged—soil and other debris. done to the ecosystem, to habitat, and Mr. BYRD. Mr. President, if the This flow of tainted water and debris wildlife? Only after thousands of hours Chair will withhold temporarily until does not discriminate. It enters water- of human capital investment and mil- the distinguished Senator from New sheds and people’s homes. Right now in lions of dollars in rehabilitation will Mexico has looked at the amendment. southwestern Colorado roads are we know. Mr. President, I renew my request.

VerDate Sep 04 2002 01:57 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.021 S12PT1 S8520 CONGRESSIONAL RECORD — SENATE September 12, 2002 Mr. DOMENICI. I have no objection. I CHAPTER 3 United States Agency for International De- have looked at it. DISTRICT OF COLUMBIA velopment, and the authority of sections 632(a) or 632(b) of the Foreign Assistance Act The PRESIDING OFFICER. Without FEDERAL FUNDS objection, the pending amendment is of 1961, or any similar provision of law, may FEDERAL PAYMENT TO THE DISTRICT OF not be used to transfer or allocate any part set aside. COLUMBIA of such funds to any agency of the United AMENDMENT NO. 4532 TO AMENDMENT NO. 4472 For a Federal payment to the District of States Government: Provided further, That Mr. BYRD. Mr. President, I send an Columbia for public safety expenses related the entire amount is designated by the Con- amendment to the desk. to security events in the District of Colum- gress as an emergency requirement pursuant The PRESIDING OFFICER. The bia, $12,000,000, to remain available until De- to section 251(b)(2)(A) of the Balanced Budg- clerk will report. cember 1, 2003: Provided, That the Chief Fi- et and Emergency Deficit Control Act of The legislative clerk read as follows: nancial Officer of the District of Columbia 1985, as amended: Provided further, That the shall provide a report, within 15 days of an The Senator from West Virginia [Mr. funds appropriated under his heading shall expenditure, to the Committees on Appro- be subject to the regular notification proce- BYRD] proposes an amendment numbered priations of the House of Representatives 4532 to amendment No. 4472. dures of the Committee on Appropriations. and Senate, detailing any expenditure of CHAPTER 6 Mr. BYRD. Mr. President, I ask unan- these funds: Provided further, That the entire imous consent that reading of the amount is designated by the Congress as an DEPARTMENT OF THE INTERIOR amendment be dispensed with. emergency requirement pursuant to section NATIONAL PARK SERVICE 251(b)(2)(A) of the Balanced Budget and The PRESIDING OFFICER. Without CONSTRUCTION objection, it is so ordered. Emergency Deficit Control Act of 1985, as The amendment is as follows: amended. For an additional amount for ‘‘Construc- CHAPTER 4 tion’’, $17,651,000, to remain available until (Purpose: To provide critical emergency expended: Provided, That the Congress des- supplemental appropriations) DEPARTMENT OF ENERGY ignates the entire amount as an emergency At the appropriate place in Byrd Amend- ENERGY PROGRAMS requirement pursuant to section 251(b)(2)(A) ment No. 4472 insert the following: SCIENCE of the Balanced Budget and Emergency Def- TITLE —SUPPLEMENTAL For an additional amount for ‘‘science’’ for icit Control Act of 1985, as amended. APPROPRIATIONS emergency expenses necessary to support CHAPTER 7 That the following sums are appropriated, safeguards and security activities, DEPARTMENT OF HEALTH AND HUMAN out of any money in the Treasury not other- $11,350,000: Provided, That the entire amount SERVICES wise appropriated, for the fiscal year ending is designated by the Congress as an emer- September 30, 2002, and for other purposes, gency requirement pursuant to section OFFICE OF THE SECRETARY namely: 251(b)(2)(A) of the Balanced Budget and PUBLIC HEALTH AND SOCIAL SERVICES CHAPTER 1 Emergency Deficit Control Act of 1985, as EMERGENCY FUND amended. DEPARTMENT OF AGRICULTURE For emergency expenses to respond to the OFFICE OF THE SECRETARY ATOMIC ENERGY DEFENSE ACTIVITIES September 11, 2001, terrorist attacks on the (INCLUDING TRANSFERS OF FUNDS) NATIONAL NUCLEAR SECURITY United States for ‘‘Public Health and Social For an additional amount for ‘‘Office of the ADMINISTRATION Services Emergency Fund’’ for baseline and Secretary’’, $18,000,000, to remain available WEAPONS ACTIVITIES follow-up screening and clinical examina- until expended: Provided, That the Secretary For an additional amount for ‘‘Weapons tion, long term health monitoring and anal- shall transfer these funds to the Agricultural Activities’’ for emergency expenses, ysis for the emergency services personnel, Research Service, the Animal and Plant $138,650,000: Provided, That the entire amount rescue and recovery personnel, $9,000,000, to Health Inspection Service, the Agricultural is designated by the Congress as an emer- remain available until expended, of which no Marketing Service, and/or the Food Safety gency requirement pursuant to section less than $25,000,000 shall be available for and Inspection Service: Provided further, 251(B)(2)(A) of the Balanced Budget and current and retired firefighters: Provided, That the entire amount is designated by the Emergency Deficit Control Act of 1985, as That the entire amount is designated by the Congress as an emergency requirement pur- amended. Congress as an emergency requirement pur- suant to section 251(b)(2)(A) of the Balanced suant to section 251(b)(2)(A) of the Balanced CHAPTER 5 Budget and Emergency Deficit Control Act Budget and Emergency Deficit Control Act of 1985, as amended. BILATERAL ECONOMIC ASSISTANCE of 1985, as amended. CHAPTER 2 FUNDS APPROPRIATED TO THE PRESIDENT CHAPTER 8 DEPARTMENT OF JUSTICE UNITED STATES AGENCY FOR INTERNATIONAL DEPARTMENT OF TRANSPORTATION DEVELOPMENT OFFICE OF JUSTICE PROGRAMS FEDERAL AVIATION ADMINISTRATION CHILD SURVIVAL AND HEALTH PROGRAMS FUND COMMUNITY ORIENTED POLICING SERVICES GRANTS-IN-AID FOR AIRPORTS For an amount to establish the Commu- For an additional amount for ‘‘Child Sur- (AIRPORT AND AIRWAY TRUST FUND) nity Oriented Policing Services’ Interoper- vival and Health Programs Fund’’ for emer- able Communications Technology Program gency expenses for activities related to com- For an additional amount to enable the in consultation with the Office of Science bating HIV/AIDS, tuberculosis, and malaria, Federal Aviation Administrator to com- and Technology within the National Insti- $200,000,000, to remain available until June pensate airports for the direct costs associ- tute of Justice, and the Bureau of Justice 30, 2003: Provided, That such activities should ated with new, additional, or revised secu- Assistance, for emergency expenses for ac- include maternal health and related assist- rity requirements imposed on airport opera- tivities related to combating terrorism by ance in communities heavily impacted by tors by the Administrator on or after Sep- providing grants to States and localities to HIV/AIDS: Provided further, That additional tember 11, 2001, notwithstanding any other improve communications within, and among, assistance should be provided to prevent provision of law, $150,000,000, to be derived law enforcement agencies, $50,000,000, to re- transmission, of HIV/AIDS from mother to from the Airport and Airway Trust Fund and child: That of the funds ap- main available until expended: Provided, Provided further, to remain available until expended: Provided, That the entire amount is designated by the propriated under this heading in this Act, That the entire amount is designated by the Congress as an emergency requirement pur- not less than $100,000,000 should be made Congress as an emergency requirement pur- suant to section 251(b)(2)(A) of the Balanced available for a further United States con- suant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act tribution to the Global Fund to Fight AIDS, Budget and Emergency Deficit Control Act of 1985, as amended. Tuberculosis, and Malaria: Provided further, of 1985, as amended. That the cumulative amount of United DEPARTMENT OF STATE States contributions to the Global Fund may CHAPTER 9 EMBASSY SECURITY, CONSTRUCTION, AND not exceed the total resources provided by DEPARTMENT OF THE TREASURY MAINTENANCE other donors and available for use by the UNITED STATES CUSTOMS SERVICE For an additional amount for ‘‘Embassy Global Fund as of December 31, 2002: Provided Security, Construction, and Maintenance,’’ further, That of the funds appropriated under SALARIES AND EXPENSES for emergency expenses for activities related this heading, up to $6,000,000 may be trans- For an additional amount for ‘‘Salaries to combating international terrorism, ferred to and merged with funds appropriated and Expenses,’’ $39,000,000, to remain avail- $10,000,000, to remain available until ex- by this Act under the heading ‘‘Operating able until expended: Provided, That the en- pended: Provided, That the entire amount is Expenses of the United States Agency for tire amount is designated by the Congress as designated by the Congress as an emergency International Development’’ for costs di- an emergency requirement pursuant to sec- requirement pursuant to section 251(b)(2)(A) rectly related to international health: Pro- tion 251(b)(2)(A) of the Balanced Budget and of the Balanced Budget and Emergency Def- vided further, That funds appropriated by this Emergency Deficit Control Act of 1985, as icit Control Act of 1985, as amended. paragraph shall be appropriated to the amended.

VerDate Sep 04 2002 01:57 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.026 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8521 INDEPENDENT AGENCY Customs Service for improved border SEC. 173. MODIFICATION OF MEMBERSHIP AND CHAPTER 10 security, $17.7 million for increased se- ADVISORS OF NATIONAL SECURITY COUNCIL. FEDERAL EMERGENCY MANAGEMENT AGENCY curity at the Washington Monument (a) MEMBERS.—Subsection (a) of section 101 EMERGENCY MANAGEMENT PLANNING AND and Jefferson Memorial, $18 million for of the National Security Act of 1947 (50 ASSISTANCE USDA for securing biohazardous mate- U.S.C. 402) is amended— For an additional amount for ‘‘Emergency rials, $12 million for DC for law en- (1) in the fourth undesignated paragraph, management planning and assistance’’ for forcement costs of the September 28 by redesignating clauses (1) through (6) as emergency expenses to respond to the Sep- IMF conference and other national se- subparagraphs (A) through (G), respectively; tember 11, 2001, terrorist attacks on the curity events, $10 million for embassy (2) by designating the undesignated para- United States, $200,000,000, to remain avail- security, $200 million for international graphs as paragraphs (1) through (4), respec- able until September 30, 2003, of which tively; and AIDS, tuberculosis and malaria serv- (3) in paragraph (4), as so designated— $150,000,000 is for programs as authorized by ices, and $90 million for long-term section 33 of the Federal Fire Prevention and (A) by striking subparagraphs (E) and (F) Control Act of 1974, as amended (15 U.S.C. health monitoring of World Trade Cen- and inserting the following new subpara- 2201 et seq.); and $50,000,000 for interoperable ter first responders. graphs: communications equipment: Provided, That I thank the Chair, and I thank all ‘‘(E) the Attorney General; the entire amount is designated by the Con- Senators. ‘‘(F) the Secretary of Homeland Security; gress as an emergency requirement pursuant The PRESIDING OFFICER. The Sen- and’’; and to section 251(b)(2)(A) of the Balanced Budg- ator from Nevada. (B) in subparagraph (G), as so redesignated, by striking ‘‘the Chairman of the Munitions et and Emergency Deficit Control Act of f 1985, as amended. Board,’’ and all that follows and inserting ORDER OF PROCEDURE ‘‘to serve at the pleasure of the President.’’. Mr. BYRD. Mr. President, on Tues- (b) ADVISORS.—That section is further day, September 10, 2002, the Attorney Mr. REID. Mr. President, the Chair amended— General announced an increase in the will shortly report H.R. 5005. This (1) by redesignating subsections (g) national threat level to the ‘‘High morning when the order was entered, through (j) and subsection (i), as added by Risk’’ level. The President accepted we did not know if anyone would op- section 301 of the International Religious the recommendation based on what the pose either amendment. I have been ad- Freedom Act of 1998 (Public Law 105–292; 112 Attorney General described as specific vised that the comanager of this legis- Stat. 2800), as subsections (i) through (m), re- spectively; intelligence received and analyzed by lation is going to oppose the Hollings amendment. I, therefore, ask the Chair (2) by transferring subsection (l) (relating the full intelligence community and to the participation of the Director of Cen- corroborated by multiple intelligence to designate the Senator from Ten- tral Intelligence on the National Security sources. nessee as the person controlling the Council), as so redesignated, to appear after The Attorney General indicated that time against the Hollings amendment. subsection (f) and redesignating such sub- the likely targets include the transpor- The PRESIDING OFFICER. The section, as so transferred, as subsection (g); tation and energy sectors and symbols Chair will do so. and of American power such as U.S. embas- f (3) by inserting after subsection (g), as so sies, U.S. military facilities and na- transferred and redesignated, the following HOMELAND SECURITY ACT OF 2002 new subsections: tional monuments. ‘‘(h) The Director of the Federal Bureau of I intend to offer an amendment to The PRESIDING OFFICER. Under the previous order, the hour of 12 noon Investigation may, in the performance of the the Interior bill for $937 million of sup- Director’s duties as the head of the Federal plemental funding. The package in- having arrived, the Senate will now re- Bureau of Investigation and subject to the cludes $647 million of homeland secu- sume consideration of H.R. 5005, which direction of the President, attend and par- rity funding that draws from the $5.1 the clerk will report by title. ticipate in meetings of the National Security The legislative clerk read as follows: billion emergency contingency fund Council.’’ that the President rejected those items A bill (H.R. 5005) to establish the Depart- Mr. REID. Mr. President, will the ment of Homeland Security, and for other Senator withhold for a parliamentary that are most directly related to the purposes. increased threat. In addition, the inquiry? Pending: amendment includes $200 million for Mr. HOLLINGS. Yes. Lieberman Amendment No. 4471, in the na- international AIDS programs as was Mr. REID. Mr. President, I have been ture of a substitute. speaking to the manager of the bill, approved by the Senate 79–14 when Sen- Thompson/Warner Amendment No. 4513 (to Senator LIEBERMAN. We have two ator FRIST offered the amendment last Amendment No. 4471), to strike title II, es- June. The amendment also includes $90 tablishing the National Office for Combating amendments pending. Senator THOMP- million that the Congress had pre- Terrorism, and title III, developing the Na- SON opposes the Hollings amendment. viously approved for providing long- tional Strategy for Combating Terrorism It would seem that the Senator from term health screening and examina- and Homeland Security Response for detec- Tennessee should have one-half hour in tion, prevention, protection, response, and opposition to that amendment. Senator tions for the emergency personnel who recover to counter terrorist threats. responded to the attack at the World LIEBERMAN opposes the Thompson The PRESIDING OFFICER. Under Trade Center. amendment. He should have one-half the previous order, the Senator from The Office of Management and Budg- hour in opposition to that. If the two South Carolina is recognized to offer et currently estimates that there is managers agree with that, we should an amendment. $940 million available under the discre- have that in the form of an order so tionary caps for fiscal year 2002 budget AMENDMENT NO. 4533 TO AMENDMENT NO. 4471 somebody can designate the time on it. The PRESIDING OFFICER. That is authority. Therefore, this amendment Mr. HOLLINGS. Mr. President, I send the understanding of the Chair. does not require an emergency designa- an amendment to the desk. The PRESIDING OFFICER. The The Senator from South Carolina. tion by the President. If the President clerk will report. Mr. HOLLINGS. Mr. President, I ask signs the bill, the funds will be made The bill clerk read as follows: for the yeas and nays on the amend- available. The Senator from South Carolina [Mr. Hol- ment. Highlights of the $937 million pack- lings] proposes an amendment numbered 4533 The PRESIDING OFFICER. Is there a age include $150 million for security at to amendment No. 4471. sufficient second? our nuclear plants and labs, $150 mil- Mr. HOLLINGS. Mr. President, I ask There is a sufficient second. lion for the direct costs of new security unanimous consent that reading of the The yeas and nays were ordered. requirements for our Nation’s airports, amendment be dispensed with. Mr. HOLLINGS. Mr. President, I $150 million to equip and train our Na- The PRESIDING OFFICER. Without thank the distinguished Chair. tion’s firefighters for dealing with objection, it is so ordered. This amendment is so simple that it weapons of mass destruction and other The amendment is as follows: becomes suspicious, in a sense. All I threats, $100 million for grants to fire (Purpose: To modify the membership and amend here is the National Security and police departments to improve the advisors of the National Security Council) Council so as to include the Attorney interoperability of their communica- At the end of subtitle D of title I, add the General, the future Secretary of Home- tions equipment, $39 million for the following; land Security, and the Director of the

VerDate Sep 04 2002 01:57 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.014 S12PT1 S8522 CONGRESSIONAL RECORD — SENATE September 12, 2002 FBI in an advisory position similar to could know nothing about a plane killed two U.S. diplomats and wounded a the CIA as presently included in the going into a building. third in Karachi, Pakistan. 1947 law. The reason for this, of course, Let me talk about terrorism and give Khobar Towers Bombing, June 25, 1996: A you a dateline: fuel truck carrying a bomb exploded outside is to get not only the responsibility of the U.S. military’s Khobar Towers housing the Council fixed, but more particu- The bombing of the U.S. Embassy in facility in Dharhran, killing 19 U.S. military larly to realize now that domestic Beirut in April 1983 by the Islamic personnel and wounding 515 persons, includ- threats are far greater than any inter- Jihad; the bombing of the Marine bar- ing 240 U.S. personnel. Several groups national threats. I don’t believe Russia racks in Beirut in October 1983, also by claimed responsibility for the attack. is going to attack us. I don’t think the Islamic terrorists; the Hezbollah U.S. Embassy Bombings in East Africa, China is going to attack us. I don’t restaurant bombing in April 1984; the August 7, 1998: A bomb exploded at the rear think Saddam, after all he has heard Naples USO attack in April 1988; the entrance of the U.S. embassy in Nairobi, Kenya, killing 12 U.S. citizens, 32 Foreign about us attacking him, is going to at- attempted Iraqi attacks on U.S. posts Service Nationals (FSNs), and 247 Kenyan tack us, except perhaps maybe overseas on January 18 and 19 of 1991; the World citizens. About 5,000 Kenyans, six U.S. citi- but not the homeland. But homeland Trade Center bombing in February of zens, and 13 FSNs were injured. The U.S. em- security must be emphasized. 1993; the attempted assassination of bassy building sustained extensive structural Let me refer immediately to that President Bush by Iraqi agents in April damage. Almost simultaneously, a bomb det- section of the 1947 act signed by Presi- of 1993; the attack on U.S. diplomats in onated outside the U.S. embassy in Dar es dent Harry Truman on July 26, 1947. I Pakistan in March of 1995; the Khobar Salaam, Tanzania, killing seven FSNs and quote: Towers bombing in June of 1996; the three Tanzanian citizens, and injuring one U.S. citizen and 76 Tanzanians. The explo- The functioning of the Council shall be to U.S. Embassy bombings in Nairobi, sion caused major structural damage to the advise the President with respect to the inte- Kenya, and Dar es Salaam, Tanzania, U.S. embassy facility. The U.S. Government gration of domestic, foreign, and military in 1998; the attack on the U.S.S. Cole in held Usama Bin Ladin responsible. policies relating to the national security so October of 2000; and the terrorist at- Attack on U.S.S. Cole, October 12, 2000: In as to enable the military services and the tacks on, of course, September 11. And Aden, Yemen, a small dingy carrying explo- other departments and agencies of the gov- they have not stopped. We have the car sives rammed the destroyer U.S.S. Cole, kill- ernment to cooperate more effectively in bombing outside the U.S. consulate in ing 17 sailors and injuring 39 others. Sup- matters involving the national security. porters of Usama Bin Ladin were suspected. Karachi, Pakistan, in June of 2002. Terrorist Attacks on U.S. Homeland, Sep- In other words, the function of join- Mr. President, I ask unanimous con- ing all the dots is with the National tember 11, 2001: Two hijacked airliners sent this document be printed in the crashed into the twin towers of the World Security Council. RECORD. Trade Center. Soon thereafter, the Pentagon You have all these entities now, here There being no objection, the mate- was struck by a third hijacked plane. A with a new one, to take certain anal- rial was ordered to be printed in the fourth hijacked plane, suspected to be bound yses: the Department of Homeland Se- RECORD, as follows: for a high-profile target in Washington, curity. But you still have the CIA, the crashed into a field in southern Pennsyl- TERRORISM TIMELINE FBI, the National Security Agency. vania. More than 5,000 U.S. citizens and Bombing of U.S. Embassy in Beirut, April other nationals were killed as a result of You have intelligence sections of the 18, 1983: Sixty-three people, including the State Department. They are all over these acts. President Bush and Cabinet offi- CIA’s Middle East director, were killed, and cials indicated that Usama Bin Laden was the Government; Intelligence Commit- 120 were injured in a 400-pound suicide truck- the prime suspect and that they considered tees within the Congress, and every- bomb attack on the U.S. Embassy in Beirut, the United States in a state of war with thing else like that. Wherein is the re- Lebanon. The Islamic Jihad claimed respon- international terrorism. In the aftermath of sponsibility fixed to join the dots? sibility. the attacks, the United States formed the Harry Truman said it best in 1947. He Bombing of Marine Barracks, Beirut, Octo- Global Coalition Against Terrorism. said: ‘‘The buck stops here.’’ So my ber 23, 1983: Simultaneous suicide truck- Car Bombing outside U.S. Consulate, June bomb attacks were made on American and 14, 2002: A suicide bomber drives a car filled particular amendment is to fix that re- French compounds in Beirut, Lebanon. A sponsibility, and assist the President, with explosives into a guard post outside the 12,000-pound bomb destroyed the U.S. com- U.S. consulate in Karachi, Pakistan, killing so there would be no misunderstanding. pound, killing 242 Americans, while 58 11 Pakistanis and injuring at least 45 people, Incidentally, only the President of French troops were killed when a 400-pound including one U.S. Marine who is slightly the United States can change this cul- device destroyed a French base. Islamic wounded by flying debris. ture of the so-called ‘‘need to know.’’ I Jihad claimed responsibility. Hizballah Restaurant Bombing, April 12, Mr. HOLLINGS. Now, they say: Well, speak advisedly. I was in the intel- Senator, you point all those things out. ligence game back in the 1950s. I was a 1984: Eighteen U.S. servicemen were killed, and 83 people were injured in a bomb attack But, after all, we didn’t know anything member of the Hoover Commission. We on a restaurant near a U.S. Air Force Base in about a plane going into a building. investigated the CIA, the FBI, the Torrejon, Spain. Responsibility was claimed Well, in December 1994, the al-Qaida Army, Navy, Air Force intelligence, by Hizballah. hijacked an Air France plane that was the Defense Department, the Secret Naples USO Attack, April 14, 1988: The Or- headed into the Eiffel Tower. Who has Service, the Q clearance, the atomic ganization of Jihad Brigades exploded a car not heard of flying a plane into a struc- energy intelligence, and all the other bomb outside a USO Club in Naples, Italy, ture? functions. killing one U.S. sailor. Attempted Iraqi Attacks on U.S. Posts, In 1995, the CIA was hot on the Phil- I will never forget, in October of 1962, January 18–19, 1991: Iraqi agents planted ippines and thwarted the blowup or the I got a call from my friend who would bombs at the U.S. Ambassador to Indonesia’s crashing of eight planes at one par- later operate this desk as a Senator, home residence at the USIS library in Ma- ticular time. They learned of the plan Bobby Kennedy. Bobby said: I would nila. to do what? To crash a plane into the like to get that report from you with World Trade Center Bombing, February 26, CIA building. That was back 6 years be- respect to this Cuban missile crisis, 1993: The World Trade Center in New York fore 9/11. and the background on it. I turned over City was badly damaged when a car bomb And then, in January of 2000, in Ma- my report, my particular one. I never planted by Islamic terrorists explodes in an laysia, there was an article with re- underground garage. The bomb left six peo- have gotten it back. ple dead and 1,000 injured. The men carrying spect to al-Qaida. Let me read from the But, in any event, the glaring error out the attack were followers of Umar and article. I quote: that persists this minute is that there Abd al-Rahman, an Egyptian cleric who At the time, the men had no idea that they are no joining of the dots, people are preached in the New York City area. were being closely watched—or that the CIA not talking to each other. Intelligence Attempted Assassination of President already knew some of their names. A few has gone like economics and trade— Bush by Iraqi Agents, April 14, 1993: The days earlier, U.S. intelligence had gotten globalization, globalization. I cannot Iraqi intelligence service attempted to assas- wind of the Qaeda gathering. Special Branch, emphasize that too much in the little sinate former U.S. President George Bush Malaysia’s security service, agreed to follow during a visit to Kuwait. In retaliation, the and photograph the suspected terrorists. bit of time that is given me. U.S. launched a cruise missile attack 2 They snapped pictures of the men sight- Immediately after 9/11 the CIA, the months later on the Iraqi capital Baghdad. seeing and ducking into cybercafes to check FBI, the various intelligence agencies Attack on U.S. Diplomats in Pakistan, Arabic Web sites. What happened next, some said: Oh, this was a surprise. They March 8, 1995: Two unidentified gunmen U.S. counterterrorism officials say, may be

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.028 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8523 the most puzzling, and devastating, intel- tained a multiple-entry visa that allowed Laden terrorists—despite their attendance at ligence in the critical months before Sep- him to enter and leave the United States as the Malaysia meeting. ‘‘It wasn’t known for tember 11. A few days after the Kuala he pleased. (They later learned that he had sure that they were Al Qaeda bad-guy opera- Lumpur meeting . . . the CIA tracked one of in fact arrived in the United States on the tors,’’ says one official. the terrorists, Nawaf Alhazmi as he flew same flight as Alhazmi.) CIA officials also point out that FBI from the meeting to Los Angeles. Agents dis- Yet astonishingly, the CIA did nothing agents assigned to the CIA’s covered that another of the men, Khalid with this information. Agency officials Counterterrorism Center were at least in- Almihdhar, had already obtained a multiple- didn’t tell the INS, which could have turned formed about the Malaysia meeting and the entry visa that allowed him to enter and them away at the border, nor did they notify presence of Almihdhar and Alhazmi at the leave the United States as he pleased. (They the FBI, which could have covertly tracked time it occurred. But FBI officials protest later learned that he had in fact arrived in them to find out their mission. Instead, dur- that they only recently learned about the the United States on the same flight as ing the year and nine months after the CIA most crucial piece of information: that the Alhazmi.) identified them as terrorists, Alhazmi and CIA knew Alhazmi was in the country, and Yet astonishingly, the CIA did nothing Almihdhar lived openly in the United States, that Almihdhar could enter at will. ‘‘That with this information. Agency officials using their real names, obtaining driver’s li- was unforgivable,’’ said one senior FBI offi- didn’t tell the INS, which could have turned censes, opening bank accounts and enrolling cial. This led to a series of intense and angry them away at the border. Nor did they notify in flight schools—until the morning of Sep- encounters among U.S. officials in the weeks the FBI, which could have covertly tracked tember 11, when they walked aboard Amer- after September 11. At one White House them to find out their mission. Instead, dur- ican Airlines Flight 77 and crashed it into meeting last fall, Wayne Griffith, a top State ing the year and nine months after the CIA the Pentagon. Department consular official, was so furious identified them as terrorists, Alhazmi and Unitl now, the many questions about intel- that his office hadn’t been told about the Almihdhar lived openly in the United States, ligence shortcomings leading up to the at- two men that he blew up at a CIA agent. using their real names, obtaining driver’s li- tacks have focused on the FBI’s clear failure (Griffith declined to comment.) To bolster their case, FBI officials have censes, opening bank accounts and enrolling to connect various vague clues that might now prepared a detailed chart showing how in flight schools—until the morning of Sep- have put them on the trail of the terrorists. agents could have uncovered the terrorist tember 11, when they walked aboard Amer- Last week, in the aftermath of Minnesota plot if they had learned about Almihdhar ican Airlines Flight 77 and crashed it into agent Coleen Rowley’s scathing letter rip- and Alhazmi sooner, given their frequent the Pentagon. ping the FBI for ignoring warnings from the field, Director Robert Mueller announced a contact with at least five of the other hi- Mr. President, I ask unanimous con- series of reforms aimed at modernizing the jackers. ‘‘There’s no question we could have sent that this article be printed in the bureau. tied all 19 hijackers together,’’ the official RECORD, in addition to another article All along, however, the CIA’s Counterter- said. of this particular week where we had rorism Center—base camp for the agency’s It was old-fashioned interrogation and an informant from the CIA who was war on bin Laden—was sitting on informa- eavesdropping that first led U.S. intelligence tion that could have led federal agents right agents to the Qaeda plotters. In the summer staying with them all the time. And of 1998, only a couple of weeks after bin when he heard that they were the to the terrorists’ doorstep. Almihdhar and Alhazmi, parading across America in plain Laden operatives truck-bombed two U.S. names, he said: Oh, I knew them. Yeah, sight, could not have been easier to find. Embassies in Africa, the FBI got a break: they were terrorists and everything Newsweek has learned that when one of the Nairobi bombers had been caught. else. Almihdhar’s visa expired, the State Depart- Muhammad Rashed Daoud al-Owhali, a There being no objection, the mate- ment, not knowing any better, simply issued young Saudi from a wealthy family who be- rial was ordered to be printed in the him a new one in June 2001—even though by came a fierce bin Laden loyalist, was sup- posed to have killed himself in the blast. In- RECORD, as follows: then the CIA had linked him to one of the stead, he got out of the truck at the last mo- [From Newsweek, June 10, 2002] suspected bombers of the USS Cole in Octo- ber 2000. The two terrorists’ frequent meet- ment and fled. He was arrested in a seedy THE HIJACKERS WE LET ESCAPE ings with the other September 11 perpetra- Nairobi hotel, waiting for his compatriots to (By Michael Isikoff and Daniel Klaidman) tors could have provided federal agents with smuggle him out of the country. The CIA tracked two suspected terrorists a road map to the entire cast of 9–11 hijack- Questioned by the FBI, al-Owhali made a to a Qaeda summit in Malaysia in January ers. But the FBI didn’t know it was supposed detailed confession. Among the information he gave agents was the telephone number of 2000, then looked on as they re-entered to be looking for them until three weeks be- a Qaeda safe house in Yemen, owned by a bin America and began preparations for Sep- fore the strikes, when CIA Director George Laden loyalist named Ahmed Al-Hada (who, tember 11. Why didn’t somebody try to stop Tenet, worried an attack was imminent, or- it turns out, was also Almihdhar’s father-in- them? Inside what may be the worst intel- dered agency analysts to review their files. ligence failure of all. A Newsweek exclusive. law). It was only then, on Aug. 23, 2001, that the U.S. intelligence began listening in on the Kuala Lumpur is an easy choice if you’re agency sent out an all-points bulletin, telephone line of the Yemen house, described looking to lie low. Clean and modern, with launching law-enforcement agents on a fran- in government documents as a Qaeda ‘‘logis- reliable telephones, banks and Internet serv- tic and futile search for the two men. Why tics center,’’ where terrorist strikes—includ- ice, the Malaysian city is a painless flight didn’t the CIA share its information sooner? ing the Africa bombings and later the Cole from most world capitals—and Muslim visi- ‘‘We could have done a lot better, that’s for attack in Yemen—were planned. Operatives tors don’t need visas to enter the Islamic sure,’’ one top intelligence official told around the world phoned Al-Hada with infor- country. That may explain why Al Qaeda Newsweek. mation, which was then relayed to bin Laden chose the sprawling metropolis for a secret The CIA’s belated and reluctant admission in the Afghan mountains. planning summit in early January 2000. now makes it impossible to avoid the ques- In late December 1999, intercepted con- Tucked away in a posh suburban condo- tion that law-enforcement officials have versations on the Yemen phone tipped off minium overlooking a Jack Nicklaus-de- tried to duck for weeks: could we have agents to the January 2000 Kuala Lumpur signed golf course, nearly a dozen of Osama stopped them? Tenet has vigorously defended summit, and to the names of at least two of bin Laden’s trusted followers, posing as tour- his agency’s performance in the months be- its participants: Almihdhar and Alhazmi. ists, plotted future terrorist strikes against fore the attacks. In February he told a Sen- The condo where the meeting took place was the United States. ate panel that he was ‘‘proud’’ of the CIA’s a weekend getaway owned by Yazid Sufaat, a At the time, the men had no idea that they record. He insisted that the terrorist strikes U.S.-educated microbiologist who had be- were being closely watched—or that the CIA were not due to a ‘‘failure of attention, and come a radical Islamist and bin Laden fol- already knew some of their names. A few discipline, and focus, and consistent effort— lower. He was arrested last December when days earlier, U.S. intelligence had gotten and the American people need to understand he returned from Afghanistan, where he had wind of the Qaeda gathering. Special Branch, that.’’ Yet last week intelligence officials ac- served as a field medic for the Taliban. Malaysia’s security service, agreed to follow knowledged that the agency made at least Sufaat’s lawyer says his client let the men and photograph the suspected terrorists. one mistake: failing to notify the State De- stay at his place because ‘‘he believes in al- They snapped pictures of the men sight- partment and the INS, so the men could have lowing his property to be used for charitable seeing and ducking into cybercafes to check been stopped at the border. purposes.’’ But he claims Sufaat had no idea Arabic Web sites. What happened next, some CIA officials, who have been preparing for that they were terrorists. U.S. counterterrorism officials say, may be the start of Senate intelligence committee After the meeting, Malaysian intelligence the most puzzling, and devastating, intel- hearings this week, seem at a loss to explain continued to watch the condo at the CIA’s ligence in the critical months before Sep- how this could have happened. The CIA is request, but after a while the agency lost in- tember 11. A few days after the Kuala usually loath to share information with terest. Had agents kept up the surveillance, Lumpur meeting, Newsweek has learned, the other government agencies, for fear of com- they might have observed another bene- CIA tracked one of the terrorists, Nawaf promising ‘‘sources and methods.’’ CIA offi- ficiary of Sufaat’s charity: Zacarias Alhazmi, as he flew from the meeting to Los cials also say that at the time Almihdhar Moussaoui, who stayed there on his way to Angeles. Agents discovered that another of and Alhazmi entered the country in January the United States later that year. The Ma- the men, Khalid Almihdhar, had already ob- 2000, they hadn’t yet been identified as bin laysians say they were surprised by the CIA’s

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.030 S12PT1 S8524 CONGRESSIONAL RECORD — SENATE September 12, 2002 lack of interest following the Kuala Lumpur Had law-enforcement agents been looking Department, Customs, INS and FBI, telling meeting. ‘‘We couldn’t fathom it, really,’’ for Alhazmi and Almihdhar at the time, they them to put the two men on the terrorism Rais Yatim, Malaysia’s Legal Affairs min- could have easily tracked them through watch list. ister, told Newsweek. ‘‘There was no show of bank records. In September 2000, Alhazami The FBI began an aggressive, ‘‘full field’’ concern.’’ opened a $3,000 checking account at a Bank investigation. Agents searched all nine Mar- Immediately after the meeting, Alhazmi of America branch. The men also used their riott hotels in New York City, the place boarded a plane to Bangkok, where he met a real names on driver’s licenses, Social Secu- Almihdhar had listed as his ‘‘destination’’ on connecting flight to Los Angeles on Jan. 15, rity cards and credit cards. When Almihdhar his immigration forms in July. They also 2000. Since the CIA hadn’t told the State De- bought a dark blue 1988 Toyota Corolla for searched hotels in Los Angeles, where the partment to put his name on the watch list $3,000 cash, he registered it in his name. (He two men originally entered the country back of suspected terrorists, or told the INS to be later signed the registration over to in 1999. But it’s unclear whether agents on the lookout for him, he breezed through Alhazmi, whose name was on the papers scoured public records for driver’s licenses the airport and into America. Almihdhar was when the car was found at Dulles Inter- and phone numbers or tried to track plane- also on the plane, though CIA agents did not national Airport on September 11.) Of course, ticket purchases. In preparation for their know it at the time. agents might have used another resource to mission, the men had gone to ground. The CIA is forbidden from spying on people pinpoint their location: the phone book, Now, amid the escalating blame wars in inside the United States. Had it followed Page 13 of the 2000–2001 Pacific Bell White Washington, federal agents are left to won- standard procedure and passed the baton to Pages contains a listing for ‘‘alhazmi Nawaf der how different things might have been if they’d started that search nearly two years the FBI once they crossed the border, agents M 6401 Mount Ada Rd. 858–279–5919.’’ would have discovered that Almihdhar and By then, though, the case seems to have before. The FBI’s claim that it could have Alhazmi weren’t just visiting California, gotten lost deep in the CIA’s files. But unraveled the plot by watching Alhazmi and they were already living there. The men had Almihdhar’s name and face surfaced yet Almihdhar, and connecting the dots between them and the other terrorists, seems compel- moved into an apartment in San Diego two again, in the aftermath of the October 2000 ling. months before the Kuala Lumpur meeting. bombing of the Cole. Within days of the at- The CIA’s reluctance to divulge what it The links would not have been difficult to tack, a team of FBI agents flew to Yemen to make: Alhazmi met up with Hanjour, the knew is especially odd because, as 2000 investigate. They soon began closing in on dawned, U.S. law-enforcement agencies were Flight 77 pilot, in Phoenix in late 2000; six suspects. One was a man called Tawfiq bin months later, in May 2001, the two men on red alert, certain that a bin Laden strike Attash, a.k.a. Khallad, a fierce, one-legged showed up in New Jersey and opened shared somewhere in the world could come at any Qaeda fighter. When analysts at the CIA’s bank accounts with two other plotters, moment. There was certainly reason to be- Counterterrorism Center in Langley, Va., Ahmed Alghamdi and Majed Moqed. The next lieve bin Laden was sending men here to do pulled out the file on Khallad, they discov- month, Alhazmi helped two other hijackers, grave harm. Just a few weeks before, an ered pictures of him taken at the Kuala Salem Alhazmi (his brother) and Abdulaziz alert Customs inspector had caught another Lumpur meeting. In one of the shots, he is Alomari, open their own bank accounts. Two Qaeda terrorist, Ahmed Ressam, as he tried standing next to Almihdhar. months after that, in August 2001, the trail to cross the Canadian border in a rental car If, as the CIA now claims, it wasn’t certain would have led to the pilot’s ringleader, packed with explosives. His mission: to blow that Almihdhar had terrorist connections, it Mohamed Atta, who had bought plane tick- up Los Angeles airport. Perhaps agency offi- certainly knew it now. And yet the agency ets for Moqed and Alomari. What’s more, at cials let down their guard after warnings still did nothing and notified no one. least several of the hijackers had traveled to about a Millennium Eve attack never mate- In mid- to late 2000, Almihdhar left San Las Vegas for a meeting in summer 2001, just rialized. Whatever the reason, Alhazmi and Diego for good. It appears that he spent the weeks before the attacks. ‘‘It’s like three de- Almihdhar fell off their radar screen. next several months bouncing around the grees of separation,’’ insists an FBI official. Free to do as they pleased, the 25-year-old Middle East and Southeast Asia. While he But would even that have been enough? Alhazmi and 26-year-old Almihdhar went was away, his visa expired—a potentially big There’s no doubt that Alhazmi and about their terrorist training in southern problem. Yet since the CIA was still not Almihdhar could have been stopped from California. They told people they were bud- sharing information about Almihdhar’s coming into the country if the CIA had dies from Saudi Arabia hoping to learn Qaeda connections, the State Department’s shared its information with other agencies. English and become commercial airline pi- Consular Office in Saudi Arabia simply rub- But then two other hijackers could have lots. The cleanshaven Alhazmi and ber-stamped him a new one. been sent to take their place. And given how Almihdhar played soccer in the park with Almihdhar returned to the United States little the FBI understood Al Qaeda’s way of other Muslim men and prayed the required on July 4, 2001, flying into New York. He operating—and how it managed to mishandle five times a day at the area mosque. They spent at least some of the time leading up to the key clues it did have—it’s possible that bought season passes to Sea World and dined September traveling around the East Coast agents could have identified all 19 hijackers on fast food, leaving the burger wrappers and, at least once, meeting with Mohamed and still not figured out what they were up strewn around their sparsely furnished Atta and other September 11 plotters in Las to. That, one former FBI official suggests, apartment. And, despite their religious con- Vegas. could have led to the cruelest September 11 victions, the men frequented area strip Meanwhile, Alhazmi, having flunked out of scenario of all: ‘‘We would have had the FBI clubs. Neighbors found it odd that the men two California flight schools, decided to try watching them get on the plane in Boston would rarely use the telephones in their his luck in Phoenix in early 2001. There he and calling Los Angeles,’’ he says. ‘‘ ‘Could apartment. Instead, they routinely went out- hooked up with Qaeda terrorist in training, you pick them up on the other end?’’’ side to make calls on mobile phones. Hani Hanjour, who eventually piloted Flight People who knew the men recall that they 77. In April 2001 Alhazmi headed east, and [From Newsweek, Sept. 16, 2002] couldn’t have been more different. Alhazmi was pulled over for speeding. Oklahoma THE INFORMANT WHO LIVED WITH THE was outgoing and cheerful, making friends State Trooper C. L. Parkins ran Alhazmi’s HIJACKERS easily. He once posted an ad online seeking a California driver’s license through the com- (By Michael Isikoff with Jamie Reno) Mexican mail-order bride, and worked dili- puter, checked to see if the car was stolen At first, FBI director Bob Mueller insisted gently to improve his English. By contrast, and made sure there wasn’t a warrant out for there was nothing the bureau could have Almihdhar was dark and brooding, and ex- Alhazmi’s arrest. When nothing came up, he done to penetrate the 9–11 plot. That account pressed disgust with American culture. One issued the terrorist two tickets, totaling has been modified over time—and now may evening, he chided a Muslim acquaintance $138, and sent him on his way. (The tickets change again. Newsweek has learned that for watching ‘‘immoral’’ American tele- were not discovered until after 9–11.) Like one of the bureau’s informants had a close vision. ‘‘If you’re so religious, why don’t you Almihdhar, Alhazmi eventually went east, relationship with two of the hijackers: he have facial hair?’’ the friend shot back, spending time in New Jersey and Maryland. was their roommate. Almihdhar patted him condescendingly on On Aug. 25, he used his credit card to pur- The connection, just discovered by con- the knee. ‘‘You’ll know someday, brother,’’ chase two tickets for Flight 77. gressional investigators, has stunned some he said. Two days earlier, CIA officials finally, and top counterterrorism officials and raised new Neither man lost sight of the primary mis- frantically, awoke to their mistake. That concerns about the information-sharing sion: learning to fly airplanes. Almihdhar summer, as U.S. intelligence picked up re- among U.S. law-enforcement and intel- and Alhazmi took their flight lessons seri- peated signals that bin Laden was about to ligence agencies. The two hijackers, Khalid ously, but they were impossible to teach. In- launch a major assault, Tenet ordered his Almihdhar and Nawaf Alhazmi, were hardly structor Rick Garza at Sorbi’s Flying Club staff to scrub the agency’s files, looking for unknown to the intelligence community. gave both men a half-dozen classes on the anything that might help them thwart what- The CIA was first alerted to them in January ground before taking them up in a single-en- ever was coming. It didn’t take long to dis- 2000, when the two Saudi nationals showed gine Cessna in May. ‘‘They were only inter- cover the file on Almihdhar and Alhazmi. up at a Qaeda ‘‘summit’’ in Kuala Lumpur, ested in flying big jets,’’ Garza recalls. But CIA officials checked with the INS, only to Malaysia. FBI officials have argued inter- Garza soon gave up on his hapless students. discover that Almihdhar had traveled out of nally for months that if the CIA had more ‘‘I just thought they didn’t have the apti- the country, and was allowed back in on his quickly passed along everything it knew tude,’’ he says. ‘‘They were like Dumb and new visa. On Aug. 23, the CIA sent out an ur- about the two men, the bureau could have Dumber.’’ gent cable, labeled immediate, to the State hunted them down more aggressively.

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.025 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8525 But both agencies can share in the blame. like we have already called Saddam Zapata. In Bolivia there was Che Guevara, Upon leaving Malaysia, Almihdhar and with. We have told him, ‘‘We are com- during the seventies came out Marcos and Alhazmi went to San Diego, where they took ing.’’ But that is not the way the world the Red Brigades in Italy, the Baader flight-school lessons. In September 2000, the Meinhof Gang in Germany and there was two moved into the home of a Muslim man works with the al-Qaida crowd. Leila Khaled the Palestinian woman and who had befriended them at the local Islamic So right to the point, on July 10, 2001, others. They all appeared in violence and dis- Center. The landlord regularly prayed with the FBI learned about the Phoenix, AZ, appeared quietly. During the nineties Bin them and even helped one open a bank ac- flight school. A memo was sent to the Ladin came out in the open having been count. He was also, sources tell Newsweek, a FBI. But it stopped at midlevel—never completely overtaken in his mind by the rob- ‘‘tested’’ undercover ‘‘asset’’ who had been communicated to the White House, bery happening to his country and its treas- working closely with the FBI office in San never communicated to the CIA. Again, urers. For him it was the beginning of the Diego on terrorism cases related to Hamas. the dots not joined. I can tell you that revolution. For this endeavor he mobilized A senior law-enforcement official told News- everything that he had of money, of invest- week the informant never provided the bu- right here and now. ments and Sudan was his first stop. Bin reau with the names of his two houseguests Here is a news story from July 21, Ladin ended up in Afghanistan where his rev- from Saudi Arabia. Nor does the FBI have 2001, before 9/11 of last year, in the olutionary drive pushed this stubborn revo- any reason to believe the informant was con- Iraqi news. The name of that particular lutionary to plan very carefully, and in a cealing their identities. (He could not be newspaper is Al-Nasiriya. very detailed manner, his stand to push back reached for comment.) But the FBI concedes Quoting from it: the boastful American onslaught and to that a San Diego case agent appears to have change the American legend into a bubble of Bin Ladin has become a puzzle and a proof been at least aware that Saudi visitors were soap. also, of the inability of the American fed- renting rooms in the informant’s house. (On Because Bin Ladin knows what causes pain eralism and the CIA to uncover the man and one occasion, a source says, the case agent to America, he played America’s game, just uncover his nest. The most advanced organi- called up the informant and was told he as an oppressed man entertains itself with zations of the world cannot find the man and couldn’t talk because ‘‘Khalid’’—a reference the thing oppressing him. He countered with continues to go in cycles in illusion and pre- to Almidhdhar—was in the room.). I. C. the language of dynamite and explosives in suppositions. Smith, a former top FBI counterintelligence the city of Khobar and destroyed two US em- official, says the case agent should have been It refers to an exercise called ‘‘How bassies in Nairobi and Dar al Salaam. America says, admitting just like a bird in keeping closer tabs on who his informant Do You Bomb the White House.’’ They the midst of a tornado, that Bin Ladin is be- was fraternizing with—if only to seek out were planning it. hind the bombing of its destroyer in Aden. the houseguests as possible informants. Let me read this to all the colleagues The fearful series of events continues for ‘‘They should have been asking, ‘Who are here: America and the terror within America gets these guys? What are they doing here?’ This to the point that the Governor of Texas in- strikes me as a lack of investigative curi- The phenomenon of Bin Ladin is a healthy creases the amount of the award, just as the osity.’’ About six weeks after moving into phenomenon in the Arab spirit. It is a deci- stubbornness of the other man and his chal- the house, Almidhdhar left town, explaining sion and a determination that the stolen lenge increases. This challenge makes it to the landlord he was heading back to Saudi Arab self has come to realize after it got such that one of his grandchildren comes Arabia to see his daughter. Alhazmi moved bored with promises of its rulers; After it from Jeddah traveling on the official Saudi out at the end of 2000. disgusted itself from their abomination and In the meantime, the CIA was gathering their corruption, the man had to carry the Arabia airlines and celebrates with him the more information about just how potentially book of God . . . and write on some white marriage of one of the daughters of his com- dangerous both men were. A few months paper ‘‘If you are unable to drive off the Ma- panions. Bin Ladin has become a puzzle and after the October 2000 bombing of the USS rines from the Kaaba, I will do so.’’ It seems a proof also, of the inability of the American Cole in Yemen, CIA analysts discovered in that they will be going away because the federalism and the C.I.A. to uncover the man their Malaysia file that one of the chief sus- revolutionary Bin Ladin is insisting very and uncover his nest. The most advanced or- pects in the Cole attack—Tawfiq bin convincingly that he will strike America on ganizations of the world cannot find the man Attash—was present at the ‘‘summit’’ and the arm that is already hurting. and continues to go in cycles in illusion and had been photographed with Almihdhar and In other words, the World Trade Tow- presuppositions. They still hope that he could come out from his nest one day, they Alhazmi. But it wasn’t until Aug. 23, 2001, ers. Here, over a year ahead of time in that the CIA sent out an urgent cable to U.S. hope that he would come out from his hiding the open press in Iraq, they are writing hole and one day they will point at him their border and law-enforcement agencies identi- that this man is planning not only to fying the two men as ‘‘possible’’ terrorists. missiles and he will join Guevara, Hassan By then it was too late. The bureau did not bomb the White House, but where they Abu Salama, Kamal Nasser, Kanafani and realize the San Diego connection until a few are already hurting, the World Trade others. The man responds with a thin smile days after 9–11, when the informant heard Towers. and replies to the correspondent from Al the names of the Pentagon hijackers and I ask unanimous consent to print Jazeera that he will continue to be the ob- session and worry of America and the Jews, called his case agent. ‘‘I know those guys,’’ this article in the RECORD. the informant purportedly said, referring to and that even that night he will practice and There being no objection, the mate- work on an exercise called ‘‘How Do You Almihdhar and Alhazmi. ‘‘They were my rial was ordered to be printed in the roommates.’’ Bomb the White House.’’ And because they RECORD, as follows: But the belated discovery has unsettled know that he can get there, they have start- some members of the joint House and Senate [From Al-Nasiriya, July 21, 2001] ed to go through their nightmares on their Intelligence Committees investigating the 9– AMERICA, AN OBSESSION CALLED OSAMA BIN beds and the leaders have had to wear their 11 attacks. The panel is tentatively due to LADIN bulletproof vests. Meanwhile America has started to pressure begin public hearings as early as Sept. 18, (By Naeem Abd Muhalhal) racing to its end-of-the-year deadline. But the Taliban movement so that it would hand Osama Bin Ladin says that he took from some members are now worried that they them Bin Ladin, while he continues to smile the desert its silence and its anger at the won’t get to the bottom of what really hap- and still thinks seriously, with the serious- same time. pened by then. Support for legislation cre- ness of the Bedouin of the desert about the He has learned how to harm America and ating a special blue-ribbon investigative way he will try to bomb the Pentagon after has been able to do it, for he gave a bad rep- panel, similar to probes conducted after he destroys the White House . . . utation to the Pentagon as being weakened The phenomenon of Bin Ladin is a healthy Pearl Harbor and the Kennedy assassination, in more than one spot in the world. In order phenomenon in the Arab spirit. It is a deci- is increasing. Only then, some members say, to follow one step taken by Bin Ladin Amer- sion and a determination that the stolen will the public learn whether more 9–11 se- ica has put to work all its apparatus, its Arab self has come to realize after it got crets are buried in the government’s files. computers and its satellites just as the gov- bored with promises of its rulers: After it Mr. HOLLINGS. So what you have, in ernor cowboy of Texas has done. Bin Ladin’s disgusted itself from their abomination and January of 2000, is not only the inform- name has been posted on all the internet their corruption, the man had to carry the ant, the CIA had the information. sites and an amount of $5 million dollars has book of God and the Kalashnikov and write Again, like I said, they did not commu- been awarded to anyone who could give any on some off white paper ‘‘If you are unable to nicate it. The dots are never going to information that would lead to the arrest of drive off the Marines from the Kaaba, I will get joined. I can see poor Condoleezza this lanky, lightly bearded man. In this do so.’’ It seems that they will be going away Rice standing up and saying: We didn’t man’s heart you’ll find an insistence, a because the revolutionary Bin Ladin is in- strange determination that he will reach one sisting very convincingly that he will strike have anything specific. We didn’t have day the tunnels of the White House and will America on the arm that is already hurting. anything specific. She will never get bomb it with everything that is in it. That the man will not be swayed by the anything specific. She will not get a We all know that every age has its revolu- plant leaves of Whitman nor by the ‘‘Adven- phone call saying, ‘‘We are coming,’’ tionary phenomenon. In Mexico there was tures of Indiana Jones’’ and will curse the

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.028 S12PT1 S8526 CONGRESSIONAL RECORD — SENATE September 12, 2002 memory of Frank Sinatra every time he treat Russia as a special case.’’ Other nota- 5 years for this new Department to hears his songs. This new awareness of the ble changes have been the elimination of the really get in gear and work correctly. image that Bin Ladin has become gives divisions handling international environ- But let me say here and now that we shape to the resting areas and stops for every mental and health issues, and of the NSC’s have to have this fixed. The only place Arab revolutionary. It is the subject of our communications and legislative offices. admiration here in Iraq because it shares I know to be able to fix it is with the The reason I point this out is that President himself—and we have that with us in a unified manner our resisting prior to coming on board, the previous stand, and just as he fixes his gaze on the Al type of President. That President is no Aqsa we greet him. We hail his tears as they Director of the National Security nonsense. He wants to have on his desk see the planes of the Western world taking Council, Sandy Berger, had a one-on- timely reports on intelligence, just revenge against his heroic operations by one meeting, telling Dr. Rice: Look, like he gets from Carl Rove, timely re- bombing the cities of Iraq . . . you are coming on board, and most of ports on politics. Let’s give the empha- To Bin Ladin I say that revolution, the your time is going to be taken up with sis and time—a little bit at least—to wings of a dove and the bullet are all but one counterterrorism. There isn’t any ques- and the same thing in the heart of a believer. intelligence. Give me those timely re- tion about it. But what does she do? In- ports. And that timely report has to be Mr. HOLLINGS. Then on August 15, stead, she takes action on everything fused not just from the Department of just prior to September 11 of last year, that she knows about and she is abso- Homeland Security, or the office, or we had Moussaoui arrested in Min- lutely authoritative in, but is not the the bureau, or whatever else they call nesota. He wanted to know how to fly need of the moment. Governor Ridge over there, but it has a plane, but not how to take off in a My problem with this bill is that it to be fused at the National Security plane. And the FBI’s Coleen Rowley, doesn’t include any of the agencies Council level, with foreign intelligence. from Minnesota, testified before the that had a failure on 9/11 in the pro- I am not for the President having to Congress that she had written a memo, posed Department. The CIA failed. The get his director over here confirmed by and the way she summed it up, they FBI failed. The National Security the Senate. I would favor the Thomp- could crash the plane into the World Agency failed. On September 10, the son amendment. We don’t want the Na- Trade Towers. NSA got a message in Arabic: Tomor- tional Security Council Director to Again, Mr. President, I could con- row is zero hour. But they didn’t trans- come here and be confirmed. I think tinue to go down the list, but we have late it from Arabic into English until Governor Ridge, in contrast to this USA Today article of September 2 September 12. And then the National Condoleezza Rice, knows law enforce- of this year, where the hijacker alleg- Security Council, limply standing ment. He has been a Governor, been in edly bragged what they were going to there, not being informed of anything, Congress, been chief law enforcement do on September 11. The year before just said: Well, they didn’t give us any- officer of Pennsylvania. He knows do- the attacks, the Germans reported the thing specific. mestic security, which is something particular terrorist saying that was ex- It is the National Security Council’s that Dr. Rice has never been into until actly what they were going to do. function to bring all the elements to- 9/11. She will have a hard time learning And there is a Time magazine article gether, the gathering of intelligence, of May 27 of this year that sums up at that level, unless she gets help. the analysis of intelligence, the joining So I think Governor Ridge is an ex- how the United States missed all of the of dots, the fixing of responsibility. cellent individual in that White House, clues. We have seen all the particular The buck stops here. That is what this or wherever they put him, to help her articles, and now we have the amend- simple amendment does. begin to report. But she has to ulti- ment in to fix the problem. It puts the FBI Director on the Coun- Let me just say a word about, and mately, as Director, fuse domestic with cil. Now we have a domestic intel- foreign intelligence, and all the other not in any criticism of our distin- ligence effort, something we never had. guished Director of the National Secu- intelligence you might get from places I met immediately with Bob Mueller. I like the Drug Enforcement Administra- rity Council, but Condoleezza Rice is have his particular budget. I gave him about as steeped in domestic security tion. The financing of terrorism is some $750 million to up-date his com- drugs. We know it. They have to follow as I am in foreign policy. puters and synchronize them with the You can’t find anyone more qualified the banks. She has to get intelligence FAA and the Immigration Service, the from the Secretary of the Treasury. in foreign policy. This young lady grad- Border Patrol, and everything else, so uated at 20 years of age Phi Beta Kappa She has to work with all these par- that we could have one-stop shopping ticular entities, and the President from the University of Denver. Then on knowledge of any kind of a terrorist she earned her master’s at the Univer- doesn’t have to take this volumes and threat. volumes of intelligence reports and sit sity of Notre Dame a year later, when We also gave him the money transfer she was 21. At the age of 27, she re- down and read all day. It has to be not of the funds last fall to institute his only analyzed but prioritized. So it is ceived her doctorate from the School of new Department of Domestic Intel- International Studies at the University right in front of him, what he has to ligence. Now the Domestic Intelligence give his attention to at that moment of Denver, and then in 1981 became a is supposed to give that over to the De- faculty member of Stanford University and throughout the day, each day, on partment of Homeland Security. But our homeland security. in foreign policy. the Homeland Department does not So she has been steeped in that par- I yield the floor temporarily. gather any intelligence. It only takes Mr. WARNER. Mr. President, I was ticular discipline all her life. Let me what it is given, and it only analyzes quote from her particular biography: going to ask the Senator a question. what is given and, in a sense, doesn’t Mr. HOLLINGS. Yes, sir. The Bush administration has substantially know what to ask for because they are The PRESIDING OFFICER. The Sen- restructured the National Security Council not in the game. It is the same with during its first three weeks in office, pro- ator from Virginia is recognized. viding an early indication of how the new the CIA. I can see right now a break- Mr. WARNER. Mr. President, as our White House plans to handle foreign policy. down continuing between domestic and highly esteemed colleague knows full She cut the NSC staff by a third, re- foreign intelligence. well, he occupies a position in this organized it to emphasize defense I have talked to Director Mueller on Chamber almost second to none by vir- strategy, national missile defense, and this particular score. He has hired ex- tue of his long experience and as a international economics. perienced CIA personnel at the FBI to chief executive officer of his State, a help him set it up as a Department of In a White House first, Rice has expanded Governor. In listening very carefully to her regular meetings with Secretary of State Domestic Intelligence. He says he is what he said, it occurs to me that Colin L. Powell and Defense Secretary Don- talking with the CIA. But he hasn’t there is merit in this amendment. ald H. Rumsfeld to include Treasury Sec- really gotten all the way down to his However, my question to our col- retary Paul O’Neill. agents and directors talking at the league, given the rather dramatic It also indicates: State level. They have yet to talk to points he makes here, is: Should we not . . . Bush’s desire to decrease U.S. involve- the chiefs of police. I know because we allow the current President the oppor- ment in the Balkans and signal to Russia have had meetings with respect to port tunity to communicate with the Sen- ‘‘that this administration is not going to security. It will take time. It may take ate his views on this? It seems to me

VerDate Sep 04 2002 02:16 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.016 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8527 this council was established for the land Security—the ones that failed us that in 16 instances, Saddam Hussein specific reason of being advisory to on 9/11 go untouched. Please, my dis- has defied the United Nations and the him. It is thought of as his means of es- tinguished colleague, don’t come up Security Council. What better evi- tablishing an infrastructure, as all and say let’s find out what he thinks dence? Presidents have done, that best serves and put this off. We know what he He alluded to the fact that Saddam the method by which they wish to gov- thinks. Vote for this amendment and Hussein has provided evidence—clear- ern and discharge their responsibilities send it to the House. If they knock it ly, it is there—of a highly increased as President. My committee, Armed out, it will be dropped out. tempo of activities toward the manu- Services, the Foreign Relations Com- For one, I go along with Senator facture of weapons of mass destruction, mittee, the Committee on Govern- THOMPSON. We don’t need to confirm weapons which in no way are needed mental Affairs, and others that pos- Dr. Rice at the National Security for the rightful defense of the sovereign sibly have some oversight on this type Council. Generally speaking, we don’t Nation of Iraq, weapons that could of amendment, it seems to me, could have her name over on her budget. We only be manufactured and devised for quickly gather the views and, in all talk about that on the Appropriations offensive actions against other nations. probability, we may end up with our Committee level—if there is an Office This is not a war, which we are allud- colleague’s amendment. But at least of Homeland Security there. I go along ing to, between Iraq and the United afford the courtesy to the President to with the Senator from Tennessee not States. This is a war of free nations— share with the Congress—and most spe- to require that office be confirmed over many free nations—free people, inno- cifically the Senate—the views before here because, as President, I know good cent people whose lives are at risk in they act on such a dramatic piece of and well I would not depend on the leg- the same way lives were risked on 9/11 legislation as this. islative branch’s intelligence. I can tell a year ago in New York, in my State of Mr. HOLLINGS. Of course, we have you that right now. Virginia, and in Pennsylvania. I com- the President’s views. He submitted a With any Department they would in- mend the President. bill. In general, that particular view is stitute, I have a mammoth responsi- It is interesting, against his speech is before the Senate in the form of the bility. The buck stops here, and I can- the background of another President, House bill. While we have our own not explain another 9/11 by going along President Clinton, who on February 19, views—and that is our responsibility— with this bill and saying the problem is 1998, referring to his own perspective this is not to preempt the President. In solved. It is not solved at all. Don’t on terrorism, said, referring to the ter- all fairness, when you see the distin- delay me, Senator. You know and I rorists: guished chairman of Armed Services, They actually take advantage of the freer he is who is disturbed. Talk about know it will be taken out if the Presi- dent opposes it. movement of people, information and ideas, turf—not of the Senator from Virginia, and they will be all the more lethal if we but the Pentagon, the Department of Mr. WARNER. I thank my colleague. The PRESIDING OFFICER. The time allow them to build arsenals of nuclear, State. Calls went out to the Depart- chemical, and biological weapons and the for the Senator of South Carolina has ment of State on this particular missiles to deliver them. We simply cannot expired. amendment. They don’t want that FBI. allow this to happen. There is no more clear Mr. HOLLINGS. I thank the Chair. They don’t want the domestic intel- example of this threat than Saddam Hus- The PRESIDING OFFICER. Who ligence. They don’t want that Sec- sein’s Iraq. His regime threatens the safety yields time? retary of Homeland Security. They of his people, the stability of the region, and The Senator from Tennessee is recog- the security of all the rest of us. want their National Security Council nized. Our President built on that founda- to be solely engaged in foreign policy Mr. THOMPSON. Mr. President, I ask and foreign and international threats, tion in this historic speech that was unanimous consent that the Senator not domestic. delivered today. It is my fervent hope from Virginia be yielded 10 minutes. So no siree, that would be a put off, that the Congress of the United States, The PRESIDING OFFICER. The Sen- as it would be for the Pentagon crowd. hopefully led by the Senate, will ac- ator from Virginia is recognized. We worked very closely with the Army cede to the President’s request made to Mr. WARNER. Mr. President, I thank and Navy and their intelligence, and I a group of us from the House and Sen- the Senator from Tennessee. I wish to have the greatest admiration for Sec- ate who were in his office just weeks commend the Senator from Con- retary Rumsfeld. But they have to re- ago, when he called on the Congress, to necticut, Mr. LIEBERMAN, and our very port in, too, to this domestic intel- act with respect to this situation such dear, soon-departing friend from Ten- ligence. That still has to be—the intel- that the executive branch, led by Presi- nessee for their very important work ligence—fused with CIA foreign intel- dent Bush, and the Congress are arm in on this bill, homeland security. ligence at the level of the National Se- arm as we carry forward our war curity Council. There is no substitute AMENDMENT NO. 4513 against terrorism and, most specifi- for it. Mr. WARNER. Mr. President, I will cally, the threats posed by Iraq. If the President doesn’t like it, he now turn, I say to the Senator from We are here on the issue of homeland will say so to the House and it will be South Carolina, my remarks to the defense, the issue of a new Department. knocked out in conference. So don’t question of the pending amendment by We have had a good debate. We have worry about that. I am not worried the Senator from Tennessee, and I our differences of view but, neverthe- about it. I want everybody to know thank my good friend for his reply to less, I see the momentum, I hope, in here and now this bill does nothing to my question. this body to move forward with this avoid and prevent another 9/11. All the Mr. HOLLINGS. I thank the Senator. legislation. agencies that, on 9/11, performed admi- Mr. WARNER. Mr. President, we I support the overall intent of this rably—the Coast Guard was doing its were, as a body in recess—fortunately, legislation. I strongly agree with the job, FEMA was doing its job, and they the leadership decided this body should need to better organize our Govern- got the agriculture people who were go into recess so we could watch the ment to protect our homeland, but I do doing their job—they are the ones President of the United States deliver not support all the provisions of this being included. Some 110,000 of the a speech which, in my judgment, is one bill. 170,000 people to be in this proposed de- of the most important speeches ever Two such provisions are addressed by partment, with respect to seaport secu- delivered before the United Nations. the pending Thompson amendment, rity, airline security, and rail security He laid out with specific clarity the which I strongly support, which would are already together in the Department threats to the world posed by Saddam strike titles II and III of the underlying of Transportation. We have been work- Hussein, the threats to the world of in- legislation. These titles have been of ing on that. We have instituted an Of- action at this time, and that those who concern to me for some time, and in a fice of Domestic Preparedness within say to him, there is concern this Na- letter dated July 17 of this year, which the Justice Department. We have all of tion is acting unilaterally—our Presi- I ask now unanimous consent to print that going. dent very clearly gave the United Na- in the RECORD at the conclusion of my But the ones that failed are totally tions a clear and respectful mandate to remarks, I so expressed my concerns to left out of the Department of Home- act now in the face of unrefuted facts the managers of this legislation.

VerDate Sep 04 2002 02:16 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.034 S12PT1 S8528 CONGRESSIONAL RECORD — SENATE September 12, 2002 The PRESIDING OFFICER. Without threats that are ever mounting against I yield the floor. objection, it is so ordered. our Nation. EXHIBIT 1 (See Exhibit 1.) The Department, under the leader- U.S. SENATE, Mr. WARNER. Mr. President, title II ship of Secretary Rumsfeld, is cur- COMMITTEE ON ARMED SERVICES, mandates the establishment of a Na- rently engaged in an all-out global war Washington, DC, July 17, 2002. tional Office for Combating Terrorism, against terrorism designed to bring to Hon. JOSEPH I. LIEBERMAN, and title III mandates the development justice those responsible for the Sep- Chairman, of a national strategy for combating tember 11 attacks on our Nation and to Hon. FRED THOMPSON, terrorism and homeland security re- deter would-be terrorists and those Ranking Member, Committee on Governmental Affairs, U.S. Sen- sponse. I note that the administration who harbor them from further attacks. The Secretary of Defense must ensure ate, Washington, DC. is strongly opposed to both of these ti- DEAR SENATOR LIEBERMAN AND SENATOR tles. that the Department is adequately and THOMPSON: On July 15, I joined with Senator The arguments against title II are properly funded to carry out its many Levin in sending a letter to your Committee not unlike the questions I posed to the missions. on the Bush Administration’s proposal to distinguished Senator from South Pending before the Congress is the create a Department of Homeland Security. Carolina regarding his measure, which largest increase in defense spending in That letter addressed issues in the Adminis- is also pending before the Senate. And many years, decades, but it is nec- tration’s proposal which fall under the juris- diction of the Senate Armed Services Com- that is, we should accord, as a legisla- essary. Our committee, the authoriza- tion committee, together with the Ap- mittee. Today, I am writing to express my tive body, the Congress, the maximum concerns about certain aspects of S. 2452, the flexibility to our President, be he Dem- propriations Committee, will soon bring their respective conference re- National Homeland Security and Combating ocrat or Republican, in establishing Terrorism Act of 2002, which was reported ports to this body for approval, and I that structure he deems necessary in out of the Government Affairs Committee on anticipate rapid approval by both his Department to best serve his style June 24, 2002. While I support the overall in- Houses of Congress. of discharging the obligations of the tent of the legislation and agree with the It would be unwise to subject por- need to better organize our government to Office of President. tions of the budget of these respective Our President respectfully says to protect our homeland, much has changed Cabinet officers to a veto in many re- since this bill was reported to the Senate. the Congress: I do not need what is pro- spects. In the intervening weeks, the President posed in title II. The PRESIDING OFFICER. The Sen- has proposed the establishment of a Depart- Again, on October 8, 2001, following ator’s time has expired. ment of Homeland Security and the most the tragic events of September 11, Mr. THOMPSON. Would the Senator fundamental reorganization of the United President Bush formed the Office of like additional time? States Government since the passage of the Homeland Security in the Executive Mr. WARNER. I ask for an additional National Security Act of 1947. This proposal Office of the President to oversee im- 2 minutes. is the logical culmination of a very delib- mediate homeland security concerns erate process that started when then-Gov- Mr. THOMPSON. I yield 2 additional ernor George W. Bush established homeland and to propose long-term solutions. minutes to the Senator from Virginia. security as his highest priority during a Governor Ridge has discharged with The PRESIDING OFFICER. The Sen- speech at the Citadel in September 1999, stat- great distinction the responsibilities of ator from Virginia. ing, ‘‘Once a strategic afterthought, home- that office. They worked hard under Mr. WARNER. I turn now to title III. land defense has become an urgent duty.’’ the President’s guidance to produce a The pending legislation requires the Following the tragic events of September comprehensive plan that now deserves development of a national strategy for 11, President Bush formed the Office of our serious consideration and support. combating terrorism and homeland se- Homeland Security in the Executive Office Again, the mandate to establish an curity response. I have been the au- of the White House to oversee immediate homeland security concerns and to propose Office for Combating Terrorism within thor, with colleagues on the other side of the aisle, Senator Nunn, who was long-term solutions. Governor Ridge and the Executive Office of the President of others have worked hard under the Presi- the United States, in my judgment, chairman of our Committee on Armed dent’s guidance to produce a comprehensive would be redundant to the structure Services, and Chairman LEVIN, the cur- plan that now deserves our serious consider- currently in place, particularly since rent chairman, and urged that these ation and support. the President has already stated his in- various reports concerning the security While I support the establishment of a De- tention to retain the position of Assist- of our United States be brought by the partment of Homeland Security, I do not ant to the President for Homeland Se- administration to the Congress in a support creating a National Office for Com- timely manner so we can make our ap- bating Terrorism as outlined in Title II of S. curity. I urge the Senate to respect the 2452. In my view, establishing this position right of the President under the Con- propriate decisions on the budget. Time and again, our committees have within the Executive Office of the President stitution to establish his office, his in- done that. It has been, generally speak- would be redundant to the structure put in frastructure, which best serves his place by the President on October 8, 2001. ing, a good response by successive ad- style of management. The President has already stated his inten- ministrations on this subject. tion to retain the position of Assistant to Turning to a second concern, and When the President established the that is budget review and certification the President for Homeland Security. Office of Homeland Security, he di- I have serious concerns about the budget authority provided for in this legisla- rected Governor Ridge to develop a review and certification authority provided tion to the proposed Director of the comprehensive strategy to protect the to this proposed Director of the National Of- National Office for Combating Ter- United States from attack, which is fice for Combating Terrorism by S. 2452. In rorism, in my view, such authority will right here. Therefore, I think it is my view, such authorities would undercut undercut the ability of several Cabinet- again redundant for this specific sec- the ability of several Cabinet-level officials, level officials, most notably the Sec- tion in title III to be enacted which including the Secretary of Defense, the Sec- retary of State, the Attorney General and retary of Defense, Secretary of State, more or less formalizes, again, the ne- Attorney General, and the Director of the Director of Central Intelligence, to carry cessity for producing this report which out their primary responsibilities. In the Central Intelligence, as well as the new the President has voluntarily done. case of the Department of Defense, the Sec- Secretary of Homeland Security, as- I see the distinguished Senator from retary has wide-ranging responsibilities to suming the Senate and the House act, Connecticut in the Chamber. I com- protect vital U.S. interests and to prevent to carry out their primary responsibil- mend him for the hard work he has threats from reaching our shores. The De- ities. done, and I strongly urge that this partment, under the leadership of Secretary In the case of the Department of De- body be given the opportunity soon to Rumsfeld, is currently engaged in an all-out fense, the Secretary of Defense—and I make its final deliberations and that global war against terrorism—designed to have had the privilege in my 24 years this important legislation be adopted bring to justice those responsible for the in the Senate of working with a succes- September 11 attacks on our nation and to in whatever form is the will of the Sen- deter would-be terrorists and those who har- sion of those Secretaries—the Sec- ate. bor them from further attacks. The Sec- retary of Defense has a wide-ranging I congratulate the Senator from Con- retary of Defense must ensure that the De- responsibility to protect the vital U.S. necticut, as well as the Senator from partment is adequately and properly funded interests and to protect against the Tennessee. to carry out its many missions. It would be

VerDate Sep 04 2002 02:16 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.037 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8529 unwise to subject the budget carefully pre- which are enumerated in the bill can be ters known prior to September 11, 2001, pared by the Secretary of Defense to a ‘‘de- handled by the Secretary for Homeland there was a veritable blueprint and certification’’—in essence, a veto—by an offi- Security so that it is not necessary to September 11 might well have been pre- cial who does not have to balance the many have another position of Director for vented. There was the Phoenix office of competing needs of the Department of De- fense and the men and women of the Armed the National Office for Combating Ter- the FBI reporting on a man taking Forces. rorism. flight training, a big picture of Osama I also note that Title III of S. 2452 requires As the responsibilities are set forth bin Laden on his wall, and other re- the development of a National Strategy for in section 201(c), first to develop na- spective connections to al-Qaida. We Combating Terrorism and the Homeland Se- tional objectives and policies for com- had the two terrorists known by the curity Response. When the President estab- bating terrorism, that is a core func- CIA in Kuala Lumpur who turned out lished the Office of Homeland Security, he tion for the Secretary of Homeland Se- to be terrorist pilots of planes on 9/11. directed Governor Ridge to develop a com- curity. Second, to directly review the The information was not given to the prehensive strategy to protect the United development of a comprehensive na- FBI or the INS in a timely fashion. States from terrorist attacks. President tional assessment of terrorist threats, Bush unveiled his Homeland Security Strat- There was the threat given to the Na- egy earlier this week, precluding the need for again, I believe is something which can tional Security Agency on September the requirement in Title III, S. 2452. Legis- be handled by the Secretary of Home- 10, 2001, which was not transcribed, lating anything other than a periodic review land Security, which is a position to be that something was going to happen and update of this strategy would be burden- confirmed. the next day. It was not interpreted some and would divert attention and re- Another responsibility enumerated in until September 12, after the events of sources away from the Administration’s the statute is to coordinate the imple- 9/11 had occurred. focus on homeland defense and the global mentation of the strategy by agencies Perhaps most importantly, there was war on terrorism. As the President stated in with responsibilities for combating ter- the effort to obtain a warrant under releasing the Homeland Security Strategy rorism, and there again it is my view on July 16, ‘‘The U.S. Government has no the Foreign Intelligence Surveillance more important mission than protecting the that that can be handled by the Sec- Act as to Zacarias Moussaoui, and had homeland from future terrorist attacks.’’ We retary of Homeland Security. that warrant been obtained, there was in the Congress should do all we can to help Another responsibility is to work an actual treasure trove of information our President achieve this goal. with agencies, including the Environ- linking Moussaoui to al-Qaida. I hope my comments are useful as you con- mental Protection Agency, to address The FBI used the wrong standard, as tinue your work on this important legisla- vulnerabilities identified by the Direc- disclosed in the testimony of Special tion. tor of Central Infrastructure Protec- With kind regards, I am Agent Coleen Rowley, who appeared tion within the Department. Again, with FBI Director Mueller on June 6 at Sincerely, that is a matter which can be handled JOHN WARNER, an oversight hearing by the Judiciary Ranking Member. by the Secretary of Homeland Secu- Committee. In Agent Rowley’s letter, The PRESIDING OFFICER. The Sen- rity. she talked about the U.S. attorney in ator from Connecticut. Another responsibility is to coordi- Minnesota requiring 75 to 80 percent Mr. LIEBERMAN. I am proud of the nate, with the advice of the Secretary, probabilities. Agent Rowley thought the development of a comprehensive work our Governmental Affairs Com- that was wrong. She thought the stand- annual budget for the program and ac- mittee has done. It was a very open ard should be a preponderance of the tivities under the strategy, including process. We included provisions rec- evidence, more likely than not—51 per- the budgets of the military depart- ommended by members of both parties. cent, as she put it. However, she was ments and agencies within the national I think it is a strong proposal. Obvi- wrong as well because the standard is foreign intelligence program related to ously, there is some disagreement with articulated in the case captioned Gates international terrorism, but excluding the White House about parts of it, but v. Illinois, an opinion written by then- military programs, projects, or activi- I repeat what I have said before, that Justice Rehnquist, saying the standard ties relating to force protection. we are in agreement on: First, the was suspicion, and Justice Rehnquist I believe there is sound reason for basic necessity to better organize our having budget authority to coordinate went back to the Krantz case with homeland defenses, because this dis- overall the intelligence functions. Chief Justice Marshall talking about organization which exists now is dan- However, again, I think to the extent suspicion on the totality of the factors. gerous. Second, there is broad bipar- we grant that overall budget authority, However, there was ample evidence to tisan agreement on this bill we have the logical place to put it is in the Sec- obtain a Foreign Intelligence Surveil- reported out of our committee and the retary of Homeland Security. lance Act warrant for Zacarias White House about what I have esti- As the other responsibilities are enu- Moussaoui. mated to be 90 percent of the compo- merated, to have the exercise, func- It would have been thought that the nents of the bill. We are having a series tion, and authority for Federal ter- FBI would have had its house in order of tussles about the remaining 10 per- rorism prevention and response agen- after their experience on Wen Ho Lee, cent. The sooner we resolve them, the cies, again, these are matters for the when at the highest levels of the Jus- better. The sooner we get this bill Secretary of Homeland Security. tice Department, the matter rightfully passed and on the way to a conference The intent of the drafter of these pro- went to the Attorney General at that committee with the House and author- visions is correct in seeking to provide time and they declined to issue a vice ize the administration to set up this the coordination, but to have another warrant and later determined, even by new Department, the safer the Amer- officeholder confirmed by the Senate the review of the Justice Department, ican people will be. and in the West Wing is not advisable. there was probable cause. That matter I appreciate the Senator’s call for ex- The analogy to the National Security was subjected to very intense oversight pedited action, and I hope and pray Council position now held by Dr. by the Judiciary Committee at that that others in the Senate heed that Condoleezza Rice, I think, is inapposite time. call. and does not apply to making the Di- We have pursued the oversight on The PRESIDING OFFICER. The Sen- rector for the National Office of Com- Zacarias Moussaoui. We found in closed ator from Tennessee. bating Terrorism a confirmed position. hearings—this much can be disclosed— Mr. THOMPSON. I yield 10 minutes There is a real need on the overall co- the FBI agents are still not applying to the Senator from Pennsylvania. ordination, to be sure we have all of the correct standard. I wrote to FBI The PRESIDING OFFICER. The Sen- the agencies responsible for intel- Director Mueller on July 10, 2002. We ator from Pennsylvania. ligence and analysis under one um- had the hearings on July 9. I asked Mr. SPECTER. Mr. President, I have brella, such as the CIA, the FBI, the when they would apply the right stand- sought recognition to speak in opposi- Defense Intelligence Agency, the Na- ard. Earlier this week on Tuesday tion to the idea for a National Office tional Security Agency, and all of the there was another oversight hearing by for Combating Terrorism, which would intelligence agencies. the full Judiciary Committee, this be a position confirmed by the Senate, A point worth repeating is that had time publicly, and the Department of because I believe the responsibilities we put all of the dots together on mat- Justice representative acknowledged

VerDate Sep 04 2002 02:16 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.030 S12PT1 S8530 CONGRESSIONAL RECORD — SENATE September 12, 2002 the wrong standard had been applied, to the proposal to have analysts from every nity as a whole and specifically the Se- but says they have corrected it with intelligence agency (CIA, FBI, DIA, etc.) curity Council, what they had done, examples. We are waiting to see the under the umbrella of the Department of rendering it a nullity. specifics. Homeland Security with the Secretary hav- I thought it was a very effective walk The impact of this is that there ing the authority to direct those intelligence through history. There was no secret agencies to supply his Department with the ought to be one umbrella under which requisite intelligence data. information disclosed. It was a ren- the analysis of all of the intelligence As I said in the meeting in the Cabinet dition of what we all should have agencies occurs. The amendment which Room yesterday, I think that had all of the known. The people who were listening has been offered here, the provision of intelligence information known prior to Sep- to him today were taken on that walk section 201, which the pending amend- tember 11th been under one umbrella, the down memory lane of all the things ment seeks to strike, has a laudable terrorist attacks of September 11th might that have happened since 1990 and the purpose. It is seeking that kind of co- have been prevented. attempts that the United Nations have ordination, but it simply does not re- Senator Thompson, as I understand him, made, the attempts the Security Coun- did not disagree with that ultimate approach cil have made, all thwarted by this one quire a director for a national office of except to express the view that he thought combating terrorism, which would be a that changes in the structure of the intel- country, as he continued to oppress his confirmed position. ligence community should await further own people, as he continued to either The language in the bill needs to be studies. My own strongly held view is that attack or plan attacks for others, as he specified so the burden is on those who we have a unique opportunity to make the continued to develop his weapons of oppose the coordination to come for- changes in the intelligence community now mass destruction, as he finally ac- ward. I wrote to Governor Ridge on Au- because of the imminent terrorist threats; knowledged, yes, he did have chemical gust 1 referring to a meeting which had and, if we don’t act now, we will be back to and biological weapons after lying been held the previous day. I think it business as usual. about it for all those years and our in- As you and I discussed in our meeting of spectors telling us he had a virtual appropriate to quote briefly from this July 29, 2002, there have been many proposals letter. I was very pleased to hear the to place the intelligence agencies under one Manhattan nuclear project the last President’s affirmative response yes- umbrella, including legislation which I in- time we went in there. And now he has terday to the proposal to have analysis troduced in 1996 when I chaired the Intel- closed us out and we are wringing our from every intelligence agency—CIA, ligence Committee, and the current pro- hands over what we know and what we FBI, DIA, et cetera—under the um- posals which have been made by General do not know. brella of the Department of Homeland Scowcroft. That is our position. Internationally, Security with the Secretary having the I suggest that Section 132(b) of the bill re- the entire world is, because he has put ported by the Governmental Affairs Com- authority to direct those intelligence us in that position, once again, and de- mittee be modified by adding at the begin- prived us of any knowledge of exactly agencies to supply his Department ning a new paragraph (1) to read as follows: with the requisite intelligence data. (b) RESPONSIBILITIES.—The Directorate of what he is doing, although we know he The key language of the responsibil- Intelligence shall be responsible for the fol- has the intelligence, he has the sci- ities which I believe should be in the lowing: entists, he has the infrastructure, the bill, and I intend to offer an amend- (1) On behalf of the Secretary, subject to capability, the know-how, the desire, ment if we cannot get this worked out disapproval by the President, directing the everything, except possibly enriched by agreement is that the Directorate of agencies described under subsection (a)(1)(B) uranium with which to make a nuclear Intelligence within the Department of to provide intelligence information, analyses weapon. Unfortunately, there is a lot of of intelligence information and such other that in the world. We do not know Homeland Security shall be responsible intelligence-related information as the Di- for the following: rectorate of Intelligence deems necessary. whether he has it. (1) On behalf of the secretary, subject to I am sending copies of this letter to Sen- Part of it was an effective legal brief. disapproval by the President, directing the ator Lieberman and Senator Thompson so Part of it was inspirational. It was an agencies described under subsection (a)(1)(B) that we may all discuss these issues further. appeal to the United Nations for it not to provide intelligence information, analyses My best. to become irrelevant in terms of world of intelligence information and such other Sincerely, peace. If the U.N. and the Security intelligence-related information as the Di- ARLEN SPECTER. Council allow a country such as this, a rectorate of Intelligence deems necessary. Mr. SPECTER. I yield the floor. regime such as this, to thwart the very The thrust of this language would The PRESIDING OFFICER (Mr. MIL- purpose of the creation of the United give the Secretary the authority to LER). The Senator from Tennessee is Nations, then what authority, what command all the analyses unless the recognized. standing, what moral suasion is it President disapproves. However, the Mr. THOMPSON. Mr. President, I going to have in the future when the language to have the President direct thank my colleague from Pennsylvania next tinhorn dictator comes along and the Secretary to have this oversight re- for his remarks and his support of the hunkers down and takes a little bomb- sponsibility is unworkable because you Thompson amendment. I thank the ing and goes on with his suppression of cannot take it to the President to ask Senator from Virginia for the same. I people and killing of innocents and for his authority on each occasion. think both of these Senators, without using weapons of mass destruction on However, if there is strong reason to dispute, would be recognized as people his own people as he prepares for the disallow the Secretary’s authority in a who have been students and have been next attack. I thought it was very ef- specific case, then it is subject to dis- leaders in the areas we are dealing with fective. approval of the President. I do not today. I think their support on this im- And what is the relationship between think that is necessary, but in order to portant amendment is crucial. Saddam Hussein and terrorism? The avoid any controversy, the language I was particularly taken with the President pointed out one of the most ought to be included in the statute. comments of Senator WARNER as he re- dangerous circumstances we can con- Although I have already put this let- lated his thoughts listening to the template is having a regime such as his ter in the RECORD before, I think it is President a little while ago before the with the ability to transfer his capa- worth including at this stage of the de- United Nations. I had the same bilities over to terrorists. bate, so I ask unanimous consent that thoughts. The President made a mag- We know he has a long history of re- the letter be printed in the CONGRES- nificent speech. In part, it was a legal lationships with various terrorist orga- SIONAL RECORD. brief, where he outlined ad seratim the nizations, including some with al- There being no objection, the mate- various instances where Saddam Hus- Qaida. Are we to assume he would not rial was ordered to be printed in the sein had rejected the sanctions that ever use as a surrogate someone to do RECORD, as follows: had been placed on him by the United his dirty work? It is extremely rel- U.S. SENATE, Nations, rejected the resolutions that evant to the battle on terrorism. I Washington, DC, August 1, 2002. had been passed by the Security Coun- think those who urge that we totally Hon. TOM RIDGE, cil time and time and time again, re- Director of Homeland Security, clean up the battle on terrorism over Washington, DC. jected inspectors, rejected sanctions, here, because it is a distinct problem, DEAR TOM: I was very pleased to hear the basically rendering what the United before we address the situation in Iraq President’s affirmative response yesterday Nations and the international commu- are missing that point.

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.041 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8531 Which brings us to the bill we are when we had a paperwork Government. has only one priority, homeland secu- considering today. It is very relevant. People came into Government at this rity. And as important as it is, it is not It is a homeland security bill. This is position, worked for 20 years, and were the only priority this Government has. where all the chickens come home to promoted in lockstep in these 15 steps, But he has veto power over the Govern- roost in regard to our Nation’s secu- with 10 steps within each of the 15, to- ment. rity. tally unable to address modern-day There never has been a circumstance What concerns me about this bill is problems. like this in the history of Government. that in more than one instance there is As the GAO tells us we cannot handle There never has been a big Depart- an attempt to diminish the President’s the information technology challenge ment, like the Department of Home- authority. This bill would not give the that faces our Government, private in- land Security, and what we are cre- President authority that other Presi- dustry has been able to. We have been ating, with authority and responsi- dents have had. Most all of the Mem- trying to incorporate information tech- bility and jurisdiction over the issue at bers serving here today served under nology capability in the IRS for years. hand, homeland security in this case, President Clinton. It would take away We have spent billions of dollars and and a White House-confirmed position authority President Clinton had with still the computers will not talk to with decertification budget authority regard to national security. This bill each other—and they are not the only all at the same time. would lessen—give less authority, in ones. We have human capital problems. I think it would absolutely be havoc terms of the management of this mono- We have financial management prob- for any administration, Democrat or lithic new Department we are about to lems—year after year. Republican. I think it would lessen ac- create, than the head of the FAA has to So that is all the background for con- countability, not increase account- manage the FAA. sidering an amendment such as this, ability. Goodness knows, we need in- With regard to the subject matter which addresses the bill where it cre- creased accountability. that is addressed by the Thompson ates a new Office of Combating Ter- The President has said he is going to amendment, we would not give the rorism. keep Governor Ridge. I don’t know President the right to have his own ad- We are suggesting the President whether the idea is we will give this viser inside the White House as he ought to have a little flexibility, a lit- new fellow an office down at the other deals with all these issues. That con- tle traditional flexibility to have, in end of the hall or that the President is cerns me. I do not think that is going the White House—not over at the new not being square with us, that he will in the right direction. Department but in the White House—a really get rid of Ridge or that he will We are not going to do anything in person he chooses to coordinate not give Ridge this job. I don’t know what this Congress to diminish Congress’s only what is going on in the new De- the idea is. The President said he is traditional role. Senator BYRD and partment but the important national going to keep up the office. He is enti- Senator STEVENS have made it clear security, or homeland security, enti- tled to have his own counsel, as Presi- that they are not going to stand back ties that are not in the new Depart- dents traditionally have. and let the traditional appropriations ment. Coordination is needed. So I urge we not do that. I urge we authority of the Congress be set aside. We have that coordinated. The Presi- maintain the status quo there; that we Senator LIEBERMAN has made that dent established an Office of Homeland not take another step to restrict the clear. The bill reflects that position. I Security. The President established an President, to restrict either his na- am sure we will be able to work out Office of Combating Terrorism within tional security authority that Presi- something along those lines that does the NSC. Those are already there. You dents traditionally have, restrict the not diminish our authority in any way. say we need them Senate confirmed. new Secretary’s authority to manage We have the power of the purse. We NSC is not Senate confirmed. We have the Department, in the new age and have the power of the purse. a Senate-confirmed position we are time and challenge that we face, and This bill creates many positions, in- creating in the new Secretary of the we not restrict the President within cluding the new Secretary, that will be Department of Homeland Security. his own office in terms of whom he Senate confirmed. He will have to This bill, as it is drafted now, man- wants to bring in and have confidential come before this body. So we are not dates the development of a national conversations with, who cannot be diminishing the authority of the Con- strategy. We have a national strategy. called up to the Hill at any time. gress. What we are doing is estab- We have had it since July. I don’t know I said early on in this discussion be- lishing a brandnew, important Depart- whether the idea is to set the old one fore these bills were presented that ul- ment that we are going to have to ap- aside and come up with a new one or timately it was clear Congress was proach in a bit of a different way than submit the one the President has al- going to have somebody’s leg to chew we have approached other Departments ready put out again. This was a good on. Congress needed to have somebody at other times because we have not idea back several months ago. Time who is accountable to come up here been very successful with other Depart- has passed it by. and testify. I didn’t particularly wel- ments at other times. This Govern- The suggestion is made that this new come this back and forth as to who was ment is rife with Departments and gov- person inside the White House, con- going to talk and what office they ernmental agencies that have waste firmed by the Senate over the Presi- would talk in and what other office and fraud and abuse, sending out dent’s objection, would have budgetary they would not talk in. I don’t think checks for billions of dollars to people authority that would allow this new that would do any of us any good. I who are not even alive; losing large person to decertify the homeland secu- knew that ultimately somebody was pieces of equipment, at least on the rity budget. The budget goes to him be- going to have to come up here and be a books, such as ships and things of that fore it even goes to OMB. What kind of spokesman and be accountable. We now nature; having the GAO come before us situation is that going to be? What if have that. That is the new Secretary. year after year after year, saying these you were asked to take on the job of That is the new Department of Home- agencies are not doing any better. new Secretary of Homeland Security land Security. They cannot pass an audit. Govern- knowing that your budget was going to We don’t need it with regard to the ment as a whole cannot pass an audit. go to some guy over in the White position in the White House. The Presi- We do not know what assets and liabil- House and he had to be satisfied before dent said he doesn’t want it. I believe ities we have. We cannot keep up with it even got to you? How would you like on these close questions, if indeed my them. It is a mess. it over at the OMB, when we are going colleagues believe it is a close ques- We are pulling 22 of these agencies into a period of deficit, when people, tion, that we ought to give the Presi- into a new Department. We cannot ap- apparently in this Congress, still think dent the benefit of the doubt. He is proach it the same old way. We have to we can have guns and butter indefi- now, without boast, the leader of the have a 21st century paradigm in order nitely, we don’t have any problem free world. As we are facing the chal- to address a 21st century problem. spending helter-skelter, left and right? lenge of terrorism and the challenge Most of the rules we are operating He has to balance all that. And he that is presented by Saddam Hussein, under now were created in the 1950s has a guy over in the White House who as evidenced by his speech today, the

VerDate Sep 04 2002 02:16 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.043 S12PT1 S8532 CONGRESSIONAL RECORD — SENATE September 12, 2002 ears of the entire world were trained scorched more than 6.3 million acres of imacy and the authority of the United upon him. That is not anything to do land across this Nation. But what Nations in the world community, a with him personally. That is the posi- about people, how has wildfire affected United Nations which Saddam has out- tion of the President of the United our communities? rageously and consistently defied and States. Since April of this year in my State deceived for more than a decade. In times such as these, if you can of Colorado, 12 communities, 141 sub- I fully support the President’s call to compare any other time with this—es- divisions totaling 81,068 people have action by the United Nations. I hope pecially in times of war, especially in been evacuated because of wildfire. the nations of the world will take a times of issues of war and peace—who- When those Coloradans returned after look at the record. I think my friend ever is President of the United States being evacuated, they found 384 homes from Tennessee said it was in some is the leader of the free world and is burned to the ground and 624 other sense a lawyerly statement. It really the leader in espousing those values structures destroyed. was an indictment of the 16 resolutions that we hold dear, knowing as the en- Although property damage and wide- of the United Nations that Saddam tire world does that we are going to be spread dislocation are devastating on Hussein has ignored, and he has defied on the front lines of any enforcement communities, the wildfire season of and thumbed his nose at every one of action the world deems necessary for 2002 has proved even more tragic. them. How can the United Nations be the cause of freedom and democracy. Wildfires have claimed the lives of 10 the institution we want it to be—bring- That is not a hokie sentiment. That firefighters in Colorado, and 21 in the ing peace and resolving conflicts—if is not Democrat-Republican. That is nation. Returning to a pile of ash in- one rogue leader of one nation treats just reality. stead of your home is one thing, com- its orders and resolutions with such I hope as we consider these issues ing home without a father or sister is disrespect? This is a moment of decision for the that my colleagues will give on balance another altogether. members of the United Nations. I hope the call for a bit of flexibility, at least Without responsible hazardous fuel they rise to the challenge that Presi- as much as we have given prior Presi- reduction, this year’s fire situation is dent Bush has quite correctly put be- dents, and at least as much as we have bound to repeat itself and I cannot fore them today. given heads of these other agencies allow this to happen. This year’s fires This does bring us back to where we when facing challenges that are much came close enough to my own front are on this amendment and Senator less than what we are facing today. porch at one point, that it was difficult THOMPSON’s motion to strike titles 2 I urge my colleagues to vote for the for my wife and me to breathe. Given and 3 of this amendment which is be- Thompson amendment. the drought conditions that the West is fore the Senate and which was reported I yield the floor. enduring, the situation on the 181 mil- out of the Governmental Affairs Com- Mr. CAMPBELL. Mr. President, I lion acres that are currently classified mittee. These were authored largely by stand in strong support of the Craig- as a Class 3 fire risk is not going to get Senator GRAHAM of Florida, who has Domenici amendment to improve the any better. spoken on them. They are part of an tragic health of our Nation’s forests. I urge my colleagues to support this attempt in this bill to deal not just Years of complete fire suppression has amendment to reduce the threat with homeland security, but to deal resulted in unnaturally dense forests. unhealthy forests pose nationwide. with the problem of terrorism that the In many places out West where nature The PRESIDING OFFICER. The Sen- President spoke about so eloquently would have 50 trees per acre, there are ator from Connecticut is recognized. and convincingly today at the United 500 trees per acre, this tremendous Mr. LIEBERMAN. I thank the Chair. Nations. build-up in hazardous fuels signifi- Mr. President, yesterday, being obvi- Homeland security is just one part of cantly increases fire danger and makes ously the first anniversary of the hor- the battle against terrorism. We obvi- trees more prone to insect infestations. rific attacks against us on September ously have other parts that are criti- The facts are clear: Unnaturally 11 of last year, we commemorated with cally important as well—certainly the dense forests result in unnaturally hot very moving—and I thought unifying— Defense Department, certainly our in- burning and fast moving fires. The For- purpose at events here in the Capitol in telligence community, the State De- est Service and other land management Washington, at the Pentagon, in New partment, the Treasury, and various agencies have known the facts for York, and Pennsylvania—and really foreign aid and public diplomacy pro- years but have been hamstrung, in throughout America and so many grams, and law enforcement agencies, a large part due to shifting political places. Our attention was riveted again lot of which will not in any sense come winds. on what happened to us and how urgent under the purview of this new Depart- And here is the dilemma: interest it is to act to prevent that horror from ment of Homeland Security. groups and agencies argue about what ever happening again. That is why it was the wisdom of the needs to be done while forests go up in I will state again what I have said on committee—I believe it was certainly flames, endangered species are de- the floor before. I am not one who be- the judgment of the committee—that stroyed, and human life and property lieves that another September 11 type in addition to creating the Department are jeopardized. of attack against America is inevi- of Homeland Security, we would guar- The amendment that we are pro- table. It is not inevitable if we are ag- antee the kind of aggressive posing does not point the finger at any gressive in searching out and destroy- antiterrorism effort that the country one group or agency. Rather, this ing the remaining al-Qaida terrorists, needs now and in the years ahead by amendment moves beyond the politics if we are wise and strong in marshaling creating in the White House an office and focuses on results consistent with the unique capabilities we have in to combat terrorism, to coordinate not plans developed by the Western Gov- America to better organize our home- just the Homeland Security Depart- ernors’ own ‘‘10-Year Comprehensive land defenses. Of course, that is what ment but the other agencies of our Strategy for a Collaborative Approach this bill is about. Government that are involved in the for Reducing Wildland Fire Risks to I think the President’s statement fight against terrorism. Communities and the Environment.’’ today at the United Nations is further It is my understanding that many Where the agencies are unable to pro- testimony and further draws our atten- have spoken in support of Senator ceed with hazardous fuels reduction, tion to the urgency of the challenges THOMPSON’s amendment to strike these this amendment directs the Secretaries we face. sections. Perhaps some at the White of Agriculture and Interior to expedite I want to say parenthetically that I House agree that there will be an office responsible forest management thought the speech the President gave in the White House, but they object to projects in a balanced way and is very at the United Nations today was a pow- the confirmation requirement in our similar to language previously passed erful and convincing indictment of proposal that the director of that office by this body to allow for fuel reduction Saddam Hussein and the grave threat be confirmed by the Senate. And there in certain other western States. he poses—not just to the United States was also objection to the budget cer- This amendment looks at the facts. and to his neighbors in a most critical tification authority that we give the In this year alone, 62,924 fires have region of the world, but to the legit- director of the office.

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.045 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8533 Senator GRAHAM is a practical and than Gov. Tom Ridge. We served to- Government officials come and go. realistic man on matters of this kind. gether in the House of Representatives. Not all will have the close personal re- We know there is concern in the Senate We are personal friends. And I hold him lationship that Governor Ridge enjoys about the requirement of confirmation in the highest regard. He is clearly the with President Bush. The President of the director of this office and the right person for this extremely dif- certainly has the right to structure his budget certification authority. We are ficult task and assignment and has staff and his advisors as he pleases, but consulting with our colleagues to see if done a great job under trying cir- we have the responsibility in Congress they will support a proposal that would cumstances and in a very brief period to pass legislation to establish struc- modify these titles by simply removing of time. tures of Government which will endure. the Senate’s authority to confirm and However, I believe we must keep title Let me say this as a parenthetical the budget authority given to the di- II in the bill, which establishes a Na- observation: One of the things I added rector and leave an office of tional Office for Combating Terrorism to this bill—and in which I have par- counterterrorism. This office would be in the White House, with a Presi- ticular pride—is an effort to try to es- appointed by the President without dentially appointed, Senate-confirmed tablish some sort of architecture for confirmation by the Senate, but with a Director, not as any rebuke to the computers and information technology guarantee that the broader President or Governor Ridge, but to in this new Department. I could go on counterterrorism war that we will be give Governor Ridge the tools he needs for some time about the dismal state of fighting for years will have in the to be even more effective. computers at the premier law enforce- White House, close to the President, an I cosponsored Senator GRAHAM’s bill, ment agency of the United States, the adviser for whom that is his or her S. 1449, to establish this office and sup- Federal Bureau of Investigation. It is a only responsibility. ported its inclusion in Senator fact, if you look at the various agen- We think this proposal is a way that LIEBERMAN’s original bill to establish a cies we will count on to protect Amer- Congress, respecting the President and Department of Homeland Security, ica, that in terms of computer capa- his authority—this President and which I also cosponsored. bility, it is almost as if you were trav- I refer my colleagues to testimony Presidents to follow—can guarantee as eling across the world and you picked given by Retired General Barry McCaf- much as we can by the law that is in a countries that were computer illiterate frey, before the Governmental Affairs quieter time further from the pain and and asked them to communicate with Committee, on October 12 of last year. shock of September 11, 2001; that Amer- those that were the most sophisticated. He spoke about organizing our Govern- ica will not fall into a slumber and That is what we have in the Federal ment to protect America. Here is what allow itself to be vulnerable once again Government. he said: as we were a year ago yesterday to ter- What I tried to do with this bill is to Our government does best when it estab- establish a standard for coordinating rorism’s awful sword. lishes institutions for the long haul that are I report that to my colleagues. I hope based on rationality, not personality. . . . computer architecture, a Manhattan members of both parties and our The terms of this office—how its leadership project. I put it in the Office of Man- friends at the White House will con- is appointed, where its monies come from, agement and Budget, frankly, because I sider that as a good-faith possibility what powers it wields, who it is accountable couldn’t assign it to a higher level and and see whether we can build a con- to—must have the permanence of law. . . . get it passed by committee. That is sensus to go forward on it. Any Cabinet member, current or former, will sad. But it is a fact. What I believe we I thank the Chair. I yield the floor. I tell you how important it is to have the are trying to establish in this bill is to Commander-in-Chief in your corner. How- suggest the absence of a quorum. ever, when push comes to shove, it is even make sure that within the White House The PRESIDING OFFICER. The more important to have the law on your there will be someone always close to clerk will call the roll. side. the President who is willing to rip The legislative clerk proceeded to General McCaffrey’s experience as through the bureaucracy and to estab- call the roll. our antidrug czar at the Office of Na- lish the standards and procedures to Mr. LIEBERMAN. Mr. President, I tional Drug Control Policy brought make sure that America is safe. Unless ask unanimous consent the order for him to his strong conclusion that the you have someone at that high level the quorum call be rescinded. White House Office on Homeland Secu- close enough to the President to get it The PRESIDING OFFICER. Without rity must have its own budget and the done, someone who is going to deal objection, it is so ordered. position must be confirmed by the Sen- with it, you will run into a problem. Mr. LIEBERMAN. Mr. President, I ate. Without those ingredients, the Di- Saying in this situation that we are ask unanimous consent that the time rector would have neither the clout to going to have in a Department of consumed by the quorum calls be taken fight Washington’s bureaucracy nor Homeland Security someone who is equally from both sides on the time re- the accountability before Congress to going to be subjected to Senate con- maining. do his job effectively. firmation, separate budget authority, The PRESIDING OFFICER. Without General McCaffrey’s testimony was is to give them enhanced authority as objection, it is so ordered. borne out by our experience here in well. Mr. LIEBERMAN. I thank the Chair Congress when numerous committees Departments and agencies with and, again, suggest the absence of a asked Governor Ridge to testify about major responsibilities for homeland se- quorum. homeland security. He was unable to curity, including the Department of The PRESIDING OFFICER. The because he said: I am a staffer of the Defense, State, and Treasury, the FBI, clerk will call the roll. President. I am not appointed by the the entire intelligence community, The legislative clerk proceeded to Senate. among many others, are properly not call the roll. Governor Ridge was finally allowed included in the new Department. There Mr. DURBIN. Mr. President, I ask to testify by the White House but only will be a critical job to do to develop a unanimous consent the order for the after the President decided he wanted national strategy for computers, for in- quorum call be rescinded. to create this new Department. formation technology and beyond, and The PRESIDING OFFICER. Without Title III, which the Thompson coordinate this strategy so that the objection, it is so ordered. amendment would strike, gives the job agencies of this new Department can Mr. DURBIN. Mr. President, I also of developing a national strategy to effectively combat the threat of ter- yield myself 10 minutes on the side of combat terrorism and a comprehensive rorism against the United States. Senator LIEBERMAN in opposition to antiterrorism budget to the National I hope my colleagues in the Senate the Thompson amendment. Office for Combating Terrorism. will support the language put in this The PRESIDING OFFICER. Without Having clout in the budget process is bill by Senator LIEBERMAN after delib- objection, it is so ordered. essential. President Bush says Cabinet eration in committee and oppose the Mr. DURBIN. Mr. President, Presi- Secretaries know that Governor Ridge Thompson amendment. dent Bush could not have made a bet- has his trust and must put aside turf I suggest the absence of a quorum. ter choice for Director of the White wars. But what we are setting up here The PRESIDING OFFICER. The House Office on Homeland Security are institutional structures. clerk will call the roll.

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.047 S12PT1 S8534 CONGRESSIONAL RECORD — SENATE September 12, 2002 The bill clerk proceeded to call the bate on the floor about why did a cer- Mr. LIEBERMAN. Mr. President, roll. tain misstep occur or why was a gap al- very briefly, I thank the Senator from Mr. GRAHAM. Mr. President, I ask lowed to go unfilled, as we try to put Florida, Mr. GRAHAM, for his hard work unanimous consent that the order for together a structure to protect our on this part of our bill. It is work that the quorum call be rescinded. homeland. really goes back to last fall. I think he The PRESIDING OFFICER. Without I suggest that an answer to those is absolutely right. I appreciate his ac- objection, it is so ordered. questions is going to be that there was commodation to the fact that there Mr. GRAHAM. Mr. President, I speak so much support for the status quo and may be Members of the Senate who in opposition to the amendment, which resistance to the sort of change that support the basic idea of an office in would strike titles II and III from this could not be overcome sufficiently and the White House to coordinate our legislation. in time to avoid an unnecessary vul- antiterrorism efforts in various agen- These two titles together will pro- nerability. That is my prediction. I cies but are concerned about the power vide, within the community concerned don’t believe there is any suggestion the current language gives the Senate about securing the homeland, the di- that will give absolute certainty that to confirm the nominee to that posi- rection and capacity to develop a com- my prediction will prove to be false. tion. Therefore, we will offer a motion prehensive strategic plan of how to ac- But I believe that having this office to table at the time the vote on Sen- complish that very difficult objective, within the White House, where there is ator THOMPSON’s motion to strike and then to place within the White somebody who wakes up every morning comes up, with the intention of offer- House an officer who is responsible for thinking about fighting terrorism, and ing a second-degree amendment to give the specific function of combating ter- who is in an office within walking dis- Members the opportunity to vote on rorism. The subfunctions of that office tance of the President of the United the concept of an office of will be to coordinate the variety of States, will give us a greater oppor- counterterrorism in the White House, agencies that will have some responsi- tunity to achieve the speedy, expedi- to coordinate our antiterrorism efforts, bility for implementing the strategic tious, and effective coordination ac- without the necessity for Senate con- plan. tivities that will be necessary to pro- firmation, which the President, we Some have thought that no office tect our homeland. know, opposes. such as this is necessary because we This office has some considerable I yield the floor. are about to bring a whole Department powers. For instance, it has the power of Homeland Security. We have a De- to certify budgets. Why does it have Mr. THOMPSON. Mr. President, I am partment of Defense, but we also have that power? Because I can tell you that prepared to yield back the remainder within the White House a national se- there is going to be a tendency of an of our time. It is imperative that we curity adviser whose job is to coordi- agency that has been doing a set of have a vote in 2 minutes. The Senator nate national security issues. The rea- functions for a long time, and now they from Utah wanted a moment. From son is because, as broad as the Defense suddenly have a homeland security looking at the clock, we have 2 min- Department is, it does not contain all function, and when that new function utes until 2 o’clock; is that right? of the activities of the Federal Govern- is battling inside the agency with all of The PRESIDING OFFICER. The Sen- ment that relate to national security. those that have had a long history and ator is correct. It does not include the State Depart- a constituency and a political support Mr. THOMPSON. How much time ment, which has our diplomatic and base, any new function is not likely to does each side have remaining? foreign relations function. It does not do very well. We learned that lesson in The PRESIDING OFFICER. The Sen- include the Department of Treasury, the war against drugs. The very fact ator from Tennessee has 12 1⁄2 minutes. which has some important national se- that Congress made this a priority The Senator from Connecticut has 28 curity responsibilities as it relates to didn’t result in it being a priority in seconds. economic issues. It does not include the agencies that had their operational the Department of Energy, where most responsibility. I suggest the same thing Mr. THOMPSON. The Senator from of our nuclear development responsi- is likely to occur here. Connecticut has how much? bility is placed. Unless you have somebody to tell The PRESIDING OFFICER. He has 28 So we have an agency in the White that agency that unless you put an ad- seconds. House to bring all those Departments ditional $15 million into carrying out The Senator from Utah is recognized. that have some national security func- your part of the strategic plan of tion behind a common strategy. This is homeland security, we are going to de- Mr. HATCH. Mr. President, I strongly exactly the purpose of this office with- certify that part of your budget—that support Senator THOMPSON’s amend- in the White House, and that would be is the kind of clout it is going to take— ment to strike the portions of Senator deleted if this amendment were to be if we don’t feel that this issue is wor- LIEBERMAN’s substitute amendment adopted. There will be no entity that thy of giving this office that kind of re- that would create a National Office for has statutory status that will be re- sponsibility, then I am afraid we are Combating Terrorism in the White sponsible, or capable, of trying to bring going to be coconspirators in a plot House. Senator LIEBERMAN’s substitute all of these agencies together. That is which is going to have a bad conclu- would create this Office in the White the most fundamental reason. sion. House in addition to creating the De- But there is another reason why I So I urge that if, as I anticipate, partment of Homeland Security. I ini- think this office is very important. In there will be a motion to table the tially question the wisdom of creating my judgment, the threats the United Thompson amendment, that motion be two separate offices with identical States will be facing in our homeland supported so we can retain this impor- goals and overlapping jurisdiction, and abroad are likely to escalate over tant position within the White House, when the entire point of creating a sin- the next period of time. No. 2, it is ex- recognizing that its ultimate power is gle Department of Homeland Security actly during this period of time that going to come from the President him- is to oversee and coordinate the efforts this new Department of Homeland Se- self, but it will give the President, who of many different agencies in this im- curity is going to be trying to inte- wants to have the most effective home- mensely important area. But I have an- grate almost two dozen agencies that land security, an agency that we in other, more pressing concern: encour- have had their homes elsewhere—in Congress have established and, there- aging good decision-making. some cases, for a century or more. fore, have invested our confidence in, Senator LIEBERMAN’s bill would It is at this very time that there is which he appoints, and which will have make the heads of both the National likely—I suggest not likely, but there the capability to give us the best hope Office for Combating Terrorism and almost certainly will be considerable that we can accomplish our objective the Secretary of Homeland Security resistance to achieving the cohesion of defending the homeland against ter- subject to confirmation by the Senate that is going to be necessary to accom- ror. and congressional oversight hearings. plish this objective. I suggest that it The PRESIDING OFFICER. The Sen- So far as the office in the White House will not be long before we have a de- ator from Connecticut is recognized. is concerned, I disagree with such an

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.050 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8535 invasive approach. We need to be mind- The clerk will call the roll. [Rollcall Vote No. 215 Leg.] ful of the important role that confiden- The legislative clerk called the roll. YEAS—48 tial communications play in the delib- Mr. REID. I announce that the Sen- Baucus Dodd Leahy Bayh Dorgan Levin erative process for all important deci- ator from Hawaii (Mr. AKAKA) and the sions—including the decisions that we Biden Durbin Lieberman Senator from New Jersey (Mr. Bingaman Edwards Lincoln as lawmakers make after careful and TORRICELLI) are necessarily absent. Boxer Feingold Mikulski candid discussions with our staff. Just Breaux Feinstein Murray Mr. NICKLES. I announce that the as we would be wary of those who Campbell Graham Nelson (FL) Senator from Alabama (Mr. SHELBY) would seek to intrude into these com- Cantwell Harkin Nelson (NE) and the Senator from New Hampshire Carnahan Hollings Reed munications, so too should we be reluc- (Mr. SMITH) are necessarily absent. Carper Inouye Reid tant to interfere with the President’s Cleland Jeffords Rockefeller deliberative process and the frank com- The PRESIDING OFFICER (Mrs. Clinton Johnson Sarbanes munications he has with his advisers in CLINTON). Are there any other Senators Conrad Kennedy Schumer in the Chamber desiring to vote? Corzine Kerry Stabenow the White House on critically sensitive Daschle Kohl Wellstone issues such as our nation’s security. Of The result was announced—yeas 41, Dayton Landrieu Wyden course, I have no objection that the nays 55, as follows: NAYS—49 head of the new Department of Home- [Rollcall Vote No. 214 Leg.] Allard Fitzgerald Murkowski land Security be Senate-confirmed, but YEAS—41 Allen Frist Nickles it simply does not follow that such an Bennett Gramm Roberts approach should be extended to the Baucus Durbin Lieberman Bond Grassley Santorum Biden Edwards Lincoln Brownback Gregg Sessions President’s own advisor on these Bingaman Feingold Mikulski Bunning Hagel Shelby Boxer Feinstein issues. Murray Burns Hatch Smith (OR) Byrd Graham As responsible lawmakers, we must Nelson (FL) Byrd Helms Snowe Carnahan Hollings Chafee Hutchinson recognize that we simply do not have Reed Specter Carper Inouye Cochran Hutchison the same license to specify the duties Reid Stevens Cleland Johnson Rockefeller Collins Inhofe Conrad Kennedy Thomas of the President’s senior advisers in the Sarbanes Craig Kyl Corzine Kerry Thompson White House as we do to specify the du- Schumer Crapo Lott Daschle Kohl Thurmond ties of agency officers and staff mem- Stabenow DeWine Lugar Dayton Landrieu Domenici McCain Voinovich Wellstone bers who exercise legislative duties. We Dodd Leahy Ensign McConnell Warner Wyden should take our cue in this area from Dorgan Levin Enzi Miller the National Security Act of 1947, NAYS—55 NOT VOTING—3 which established the National Secu- Allard Ensign Akaka Smith (NH) Torricelli rity Council. As we all know, the Presi- McConnell Allen Enzi Miller The amendment (No. 4533) was re- dent may appoint very senior advisors Bayh Fitzgerald Murkowski to the NSC—like Dr. Condoleezza Bennett Frist Nelson (NE) jected. Rice—who are not subject to confirma- Bond Gramm Nickles Mr. THOMPSON. I move to recon- Breaux Grassley tion by the Senate. That fact certainly Roberts sider the vote. Brownback Gregg Santorum Mr. LIEBERMAN. I move to lay that does not detract from Dr. Rice’s stat- Bunning Hagel Sessions Burns Harkin motion on the table. ure, but in fact enhances it. Anyone Smith (OR) Campbell Hatch Snowe The motion to lay on the table was who deals with Dr. Rice knows that she Cantwell Helms Specter agreed to. has the backing of the President—pre- Chafee Hutchinson cisely because she has his confidence Clinton Hutchison Stevens The PRESIDING OFFICER. The Sen- Cochran Inhofe Thomas ator from Connecticut. and is beholden to no one else. Thompson Collins Jeffords f There certainly must be an advisor Craig Kyl Thurmond within the White House who advises Crapo Lott Voinovich ORDER OF PROCEDURE the President on matters that pertain DeWine Lugar Warner directly to our homeland security, as Domenici McCain Mr. LIEBERMAN. Madam President, I ask unanimous consent that the Sen- the President has recognized. But there NOT VOTING—4 is absolutely no reason why that office ate go into morning business for up to Akaka Smith (NH) 10 minutes, allocated to the Senator should be made—and micro-managed— Shelby Torricelli by Congress. Why does both the head of from Vermont for the purpose of intro- the Department of Homeland Security The motion was rejected. ducing legislation, and that when the and the President’s Homeland Security Mr. LOTT. Madam President, I move Senator is done, I be recognized for the Advisor need to be confirmed by the to reconsider the vote. purpose of offering an amendment to Senate? There is no doubt that Home- Mr. GRAMM. I move to lay that mo- the pending matter. land Security is of paramount impor- tion on the table. The PRESIDING OFFICER. Is there objection? tance, but so is national security in The motion to lay on the table was Without objection, it is so ordered. general. And does this mean we are agreed to. The Senator from Vermont. going to require that Dr. Rice be Sen- VOTE ON AMENDMENT NO. 4533 (The remarks of Mr. JEFFORDS and ate confirmed? How about Karl Rove Mrs. CLINTON pertaining to the intro- and Andy Card? A step in this direction The PRESIDING OFFICER. The duction of S. 2928 are printed in today’s is simply misguided and unwise. question is on agreeing to amendment RECORD under ‘‘Statements on Intro- I yield the floor. No. 4533. The yeas and nays have been Mr. THOMPSON. Mr. President, I am ordered. The clerk will call the roll. duced Bills and Joint Resolutions.’’) prepared to yield back our time if the The assistant legislative clerk called Mr. LIEBERMAN. Mr. President, I Senator is. the roll. ask unanimous consent that the Sen- Mr. LIEBERMAN. I am. I yield back Mr. REID. I announce that the Sen- ator from North Carolina be recognized to speak for up to 10 minutes in morn- our time as well. ator from Hawaii (Mr. AKAKA) and the The PRESIDING OFFICER. All time Senator from New Jersey (Mr. ing business, and that immediately after his remarks, the Senator from is yielded back. TORRICELLI) are necessarily absent. Mr. LIEBERMAN. Mr. President, I Connecticut be recognized for the pur- Mr. NICKLES. I announce that the pose of offering an amendment. move to table the Thompson amend- Senator from New Hampshire (Mr. ment before the Senate. I ask for the The PRESIDING OFFICER (Mr. NEL- SMITH) is necessarily absent. yeas and nays. SON of Nebraska). Without objection, it The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Are there is so ordered. sufficient second? any other Senators in the Chamber de- The Senator from North Carolina. There is a sufficient second. siring to vote? (The remarks of Mr. EDWARDS are The question is on agreeing to the The result was announced—yeas 48, printed in today’s RECORD under motion. nays 49, as follows: ‘‘Morning Business.’’)

VerDate Sep 04 2002 04:14 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.020 S12PT1 S8536 CONGRESSIONAL RECORD — SENATE September 12, 2002 The PRESIDING OFFICER. Who someone who has the voice, who has get the kinds of changes the American yields time? the ear, who has the appointment of people expect our Federal Government The Senator from Connecticut. the President of the United States to to make in order to give the priority AMENDMENT NO. 4534 TO AMENDMENT NO. 4513 be able to moderate and resolve those that we expect to protect the homeland (Purpose: To provide for a National Office for conflicts, and to do so in a clear and against terrorists. Combating Terrorism, a national strategy, expeditious manner so we do not exac- But it is clear from the vote that we and for other purposes) erbate unnecessarily the vulnerability have just taken that the majority of Mr. LIEBERMAN. Mr. President, I of the American people while agencies the Members of the Senate feel that send an amendment to the desk. are engaged in bureaucratic catfights. goes a little too far. So what Senator The PRESIDING OFFICER. The A final reason why I think this is im- LIEBERMAN and I have been doing over clerk will report. portant is that we need someone to the past several days is trying to think The assistant legislative clerk read perform a function that, frankly, has through what could be essentially jet- as follows: not been adequately performed in the tisoned from this legislation as it re- The Senator from Connecticut [Mr. last decade, vis-a-vis our intelligence lates to the office within the White LIEBERMAN] proposes an amendment num- agency. That function is to constantly House that would still maintain the es- bered 4534 to amendment No. 4513. challenge the agencies that have home- sential credibility of the office to per- Mr. LIEBERMAN. Mr. President, I land security responsibility as to their form its function but would make it ac- ask unanimous consent that further relevance. ceptable to a majority of our col- reading of the amendment be dispensed There is a tendency for an agency leagues. with. that has been doing its business in a The two issues that we have identi- The PRESIDING OFFICER. Without particular manner for a long time to be fied for such discharge are, first, the objection, it is so ordered. resistant to taking on new habits— provision that the Presidential ap- (The amendment is printed in today’s maybe it is the governmental equiva- pointee to the office of antiterrorism RECORD under ‘‘Text of Amendments.’’) lent that it is hard to teach old dogs be subject to Senate confirmation, and, Mr. LIEBERMAN. I yield now to the new tricks, that it is hard to teach old second, the provision that gave this of- Senator from Florida, my cosponsor on bureaucracies new patterns of activity. fice the capacity to decertify budgets this amendment. I use the intelligence community as an of the agencies which had some home- The PRESIDING OFFICER. The example of that truth. They grew up, land security responsibility if it were Chair recognizes the Senator from beginning with the establishment in determined that they were not allo- Florida. 1947, as agencies which had as their cating sufficient funds to that function Mr. GRAHAM. Mr. President, earlier role of being to develop and analyze in- within the agency, which was that today and, to a greater extent, at the formation relative to the Soviet Union agency’s part of the comprehensive end of last week, we had a debate on and its Warsaw Pact allies. plan to fight terrorism in the home- the issue of the establishment within It has been largely since the end of land. the White House of an office to combat the cold war that the intelligence com- I offered this amendment with my terrorism. munity has broadened its focus on the colleague, Senator LIEBERMAN, with The rationale for that office is sev- rest of the world, where the United some anguish because I think those eral-fold. One, not all of the agencies States has important interests that it two levels of accountability and capa- that will have responsibility for pro- wishes to know more about and to have bility are important to assure us that tecting the homeland against terrorism a greater analytical capability to de- we can achieve what we must achieve are in the Department of Homeland Se- cide what we ought to do about it. The in defending the homeland. But in curity. There are a number of impor- intelligence community, in my judg- order to be able to save the larger con- tant functions—all of the intelligence ment, was slow to make that transi- cept of such an office in the White agencies, the Department of Defense, tion. Part of the reason is that they House, which now will be almost a par- the Department of Justice, to mention were not produced adequately. They allel to the office that is held by Dr. three, which clearly have a significant were not asked with sufficient fre- Condoleezza Rice, as the National Se- role in protecting the homeland—which quency and aggressiveness: Are you curity Adviser—that office is a statu- are not within the Department of relevant to the kinds of challenges that tory office, appointed by the President, Homeland Security. So that creates you face today? created by Congress, but not subject to the need for someone who is in a posi- I believe that is part of the responsi- confirmation. That will be this office. tion of responsibility to coordinate bility of Congress, part of our over- It will be an office created by statute their activities in order to achieve a sight. It also will be a responsibility of by the Congress, so it will have the le- cohesive, comprehensive plan to pro- this new office within the office of the gitimacy of law. The head of the office tect the people of the United States. President to be asking these agencies will be appointed by the President and That also raises a second necessity, that have homeland security respon- not subject to Senate confirmation. which is that there be a consistent sibilities: Are you relevant to the kinds That is the model we will have if this strategic plan of action around which of challenges that we have facing our amendment is adopted. all of these agencies will organize their Nation today? So those are the essen- What happens if we do not adopt this antiterrorism activities. That is title tial rationales. amendment and then proceed to adopt III of the legislation that has been in- Now, the concern that was expressed the Thompson amendment which will troduced by our colleague from Con- last week was not that we were going delete both title II and title III? There necticut—the requirement that there to have such an office. In fact, at one will be no congressional directive that be such a comprehensive strategic vi- point, the Senator from Tennessee and it is important to have an agency to sion of how we are going to protect this I, I thought, had a common agreement coordinate the multiple Departments very open and free society of America that there was the need for an entity in of the Federal Government with home- against terrorist attacks. the White House that could perform land security responsibility. In fact, it A third reason why I think this office those functions. The question, then, be- could be interpreted as a congressional is important is because we know the came calibrating just how much influ- statement that we affirmatively do not resistance that is going to occur to the ence and power should that Depart- want there to be a place in the Federal changes that we are now suggesting. ment have. Government that can bring these De- We are asking agencies which, in some I personally was, and continue to be, partments together; that, for some rea- cases, are a hundred years or more old an advocate for a strong, very robust son, the experience we learned since to change those old habits, to office of counterterrorism in the White 1947 as to the importance of a National reprioritize, to put at the top of their House because I think the challenges of Security Adviser who can perform that list defending the homeland against inertia and resistance to change are function for national security is not terrorists. There will be, both within going to be significant, and there will relevant to the kind of challenges we the agencies and among the agencies, have to be an effective, even more as- are now going to face in terms of do- some conflicts, inevitably. We need sertive force in the other direction to mestic security.

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.060 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8537 Second, with the elimination of title It is an excellent idea—I have said I support the amendment before the III, we will have no congressional di- this before and I will say it again brief- Senate. rective to establish a strategic plan for ly—the pending amendment, which is The PRESIDING OFFICER. The Sen- homeland security and to have the to say the underlying amendment that ator from West Virginia. strength of Congress in support of that came out of the Senate Governmental Mr. BYRD. Mr. President, I am sorry plan. I think it is worth giving up the Affairs Committee, is our best effort to I have not been in a position to be fol- confirmation and the budget certifi- respond to the terrible events of Sep- lowing the debate. Without losing my cation if we can retain the funda- tember 11 and to protect the American right to the floor, Mr. President, what mental principles of the importance of people from anything like that ever is the parliamentary situation? an agency that can achieve collabora- happening again. That is done, first, The PRESIDING OFFICER. The tion, can organize behind a strategic with the creation of a Department of pending question is on the Lieberman plan, will have the strength that comes Homeland Security, and second, with, second-degree amendment to the from congressional creation and Presi- in the White House, this National Of- Thompson first-degree amendment. Mr. BYRD. When was this second-de- dential appointment, and will be able fice for Combating Terrorism—one fo- cused on homeland defenses and the gree amendment introduced? to move us as rapidly as possible into The PRESIDING OFFICER. Within the best posture to defend our home- other serving as an adviser to the President, coordinating all our the last 15 minutes. land and be a constant product to see Mr. BYRD. I have not had an oppor- that these agencies are cognizant of antiterrorism activity which goes well beyond homeland security to defense, tunity to study this amendment. I did the changes that will inevitably be oc- hear, though, the distinguished man- curring in the environmental threat in law enforcement, foreign policy, for- eign aid, economic policy, et cetera. ager of the bill say something to the ef- which they will be operating and that Senator GRAHAM has worked hard on fect that this amendment would elimi- they are prepared to constantly be re- this issue, and I think presented a very nate the requirement for Senate con- inventing themselves, adapting them- good proposal. It was, as the last vote firmation of the—is it the Director of selves to effectively respond to the indicates, not the will of the Senate to Homeland Security? challenges that will be different 10 accept it in its current form. Many of I ask that I retain the right to the years from now than they are today, our colleagues indicated to Senator floor. and much different 30 years from now GRAHAM and me that they might be The PRESIDING OFFICER. Without than they are today. able to support this office if there were objection, it is so ordered. I urge the adoption of this amend- no Senate confirmation. Senator Mr. LIEBERMAN. Responding to the ment which I consider a compromise GRAHAM has agreed by this amendment Senator from West Virginia, this offered in good faith that meets the to remove that requirement. amendment, which is suggested by Sen- primary concerns that were expressed What would be left then would be ator GRAHAM, who was the originator in this Chamber last week and again quite similar to what the National Se- and implementer of the idea of a sepa- today but allows us to move forward curity Adviser has been doing for some rate White House office on with a totality of national policies, in- period of time since that statute was antiterrorism, would leave the Sec- cluding Department of Homeland Secu- created, a statute which coordinates retary of Homeland Security un- rity, the responsibilities that will con- advice to the President in a particular changed. tinue to be vested in other agencies subject area. In this case, that subject The Secretary would be nominated outside of the Department of Homeland area is terrorism, which according to by the President and confirmed by and Security, and an entity within the most experts outside and inside the accountable to the Senate, and the new White House with the ear and the con- Congress, will likely be the dominant office on antiterrorism that would be fidence of the President capable of see- threat to our security in the next pe- created in the White House in our ing that the whole of these work to- riod of our history. original proposal was subject to Senate gether in a cohesive team for the de- So the best proposal, which we had confirmation, as well. We heard from fense and protection of the people of hoped would be accepted, would be to many colleagues, particularly on our America. provide for Senate confirmation. The side of the aisle, who thought that I urge the adoption of this amend- Senate has expressed its will there, and since we were creating a Department of ment and then the defeat of the under- I think Senator GRAHAM has now of- Homeland Security with a confirmable lying amendment. fered the next best idea. I am privi- Secretary, it was a mistake to require THE PRESIDING OFFICER. The leged to be a cosponsor of this amend- confirmation of an office in the White Senator from Vermont is recognized. ment with him, and I do so with some House. Senator GRAHAM has responded Mr. LEAHY. I thank the Chair. sincerity, particularly because of the to that and, as a result, offered this (The remarks of Mr. LEAHY per- other section of this legislation which second-degree amendment to create taining to the introduction of S. 2928 does create a Secretary of Homeland the Director, who would be appointed are printed in today’s RECORD under Security who, of course, is subject to by the President, without confirmation ‘‘Statements on Introduced Bills and Senate confirmation and is account- by the Senate. Joint Resolutions.’’) able to the Senate. Mr. BYRD. Mr. President, I thank Mr. LEAHY. Mr. President, I thank So the concerns I had, the Senator the distinguished manager of the bill. I the distinguished leaders for allowing had, and so many others had about the strongly disagree with those who be- me this time. I suggest the absence of previous Office of Homeland Security lieve the Director within the White a quorum. being occupied by an individual not House need not be confirmed. I am very The PRESIDING OFFICER. The subject to Senate confirmation, and opposed to that idea. I am ready to clerk will call the roll. therefore not accountable to the Con- speak at some length on this. Do I have The assistant legislative clerk pro- gress, has now been overcome with the the floor? ceeded to call the roll. creation of the Department of Home- The PRESIDING OFFICER. The Sen- Mr. LIEBERMAN. Mr. President, I land Security; that no matter what its ator from West Virginia has the floor. ask unanimous consent that the order shape, which I think we all agree will Mr. BYRD. Very well. While I am for the quorum call be rescinded. be created by the end of this session, speaking, I hope my staff will bring The PRESIDING OFFICER. Without now allows us to take a step forward, some of the materials I have prepared objection, it is so ordered. not as large as the committee proposal to use. I am not going to go along with Mr. LIEBERMAN. Mr. President, I would have taken but nonetheless a an immediate vote on this, I can tell thank my friend and colleague from significant step forward in creating the Senators that. I am sorry I had to get Florida, Mr. GRAHAM, for not only his office and thereby giving this President to the floor ahead of Mr. THOMPSON—I eloquent statement and his spirit of ac- and future Presidents one individual saw him standing—but I was con- commodation that leads him to offer within the White House whose direct cerned. I will yield to the Senator if he this second-degree amendment, but function is to coordinate the entire has an amendment to beat this amend- also for the work he has put into this antiterrorism effort of the United ment, but I am not yielding the floor idea. States of America. now.

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.062 S12PT1 S8538 CONGRESSIONAL RECORD — SENATE September 12, 2002 Mr. THOMPSON. And I would not try who is in the White House, occupying a are of interest to several of the Depart- to take it, even if I thought I could. place which is now occupied by Mr. ments, the Secretaries of which were I respond to my friend from West Vir- Ridge. It would seem to me we ought to not even aware of when the President ginia by saying, I was simply going to require confirmation of that person. announced his intention to create a address the issue very briefly and ask I heard Mr. LIEBERMAN say that it is homeland security agency, and an for the yeas and nays, frankly, on the somewhat similar to the National Se- agency answerable to him. Many of the second-degree amendment. curity Director, Condoleeza Rice. She Secretaries who are in the Depart- I might add, I think the Senator is does not require confirmation. We have ments that were to be ultimately in- correct in the way he described it, but a State Department, Secretary of State volved were not aware of this until the we had three basic concerns. One had and the Secretary of Defense we can day the President announced it, I am to do with the Senate confirmation. call up at any time and find out what told, or at least I read that in the news- The other one had to do with the fact we want to know with respect to de- paper. So this is a new animal. that it put this person in a position of fense and international security mat- If all Senators would read the House being a strategy maker, a statutory ters. I made that same argument with bill, they would get a reflection of the strategy maker, when we already have respect to Condoleeza Rice back in the administration’s wishes with respect to a national strategy. days when Senator STEVENS and I were the Department of Homeland Secu- I have no objection to reporting to trying hard to get the President to rity—not entirely. I believe the House Congress periodically, but being in on send Mr. Ridge before the Senate Ap- bill is in some respects better than the the front end of that, I think that propriations Committee to answer administration’s proposal, but the bill horse has already left the barn. questions with respect to the appro- by Mr. LIEBERMAN’s committee, as re- Mr. BYRD. When? priations budget. There were those who ported out of his committee, is better Mr. THOMPSON. In July. said Dr. Rice does not have to come be- than the House bill. Mr. BYRD. How? fore the Congress and answer ques- However, we have had too much of Mr. THOMPSON. When the President tions, and I said we can get the Sec- this lately: An administration that presented the national strategy. retary of Defense or Secretary of State. wants a program run out of the White Thirdly, the new Director is still a That is quite true. House. And now the administration pretty big player as far as budget au- However, Mr. President, the Home- does not want this position confirmed. thority is concerned. land Security Department is going to Let me restate that. The administra- Mr. BYRD. Yes. be in a far different position than Dr. tion does not want the Director to be Mr. THOMPSON. Those were three Rice is in. The Director of Homeland confirmable by the Senate. That alone things we had concern about, and now Security will be the person who knows makes me very suspicious. We have an it is down to two. I was going to make all the answers with respect to home- administration that operates a great those points, move to table, and ask for land security. That persons’s powers deal in secret, wants to operate even the yeas and nays. That was my inten- will be far broader in many ways than further in secret, wants to be more se- tion. Dr. Rice and her powers. cretive. Mr. BYRD. I thank the Senator. The first Secretary of State was ap- It was very secretive about the so- Mr. President, I have been saying to pointed in the very early days of the called shadow government. I didn’t my Senate colleagues that we had bet- Republic. The same was true with the know anything about shadow govern- ter take some time and look at what Secretary of War and the Secretary of ment until I read about it in the news- we are doing. What was about to hap- the Treasury. We have something be- paper. The administration tried to pen, in my judgment, would have borne fore the Senate that is new, a situation claim that I had been told what that out my concerns and my warnings. An that has never prevailed in this coun- was. The administration was wrong 100 amendment has been offered by the dis- try, where it is attacked from within percent. I had never been told. Of tinguished manager of the bill. He cer- by terrorists and where the President course, after this appeared in the news- tainly has far more expertise with re- has used an Executive order to create a papers, the administration was willing spect to this bill than I have. He has homeland security agency. I don’t to try to come up and explain what spent days, nights, and weeks, I would think much of this Executive order, as this is about. And we have seen this say, on it. So in taking the floor at this a matter of fact. I am afraid we are see- whole Executive order with respect to time, as far as I am concerned, it is a ing too many of them, too often. The a Department of Homeland Security, labor of love. I am not on the com- position that Governor Ridge has now the way in which that suddenly mittee, but this is a good example. held was created by an Executive emerged from the dark mists of se- Senators—at least one Senator—did order. This is not just a little clerk crecy, we have seen the same path. not know what we were doing. An down there in the bowels of the White We have an administration that amendment was called up, I under- House working. This is not just an or- looks upon the Congress of the United stand, 15 minutes ago. I do not think I dinary adviser. This is a new type of States as a subordinate body. I am sure have inaccurately stated what Senator war. This is a new type of agency, a some of the administration officials THOMPSON had indicated with reference new kind of department. look upon Congress with utter con- to when this amendment was called up. Yes, we need it. I have been in favor tempt. They don’t want Congress in We will say within the last half hour. I of creating a Department of Homeland this position. The Senate, of course, is suppose that is accurate. Security. But having read the adminis- one-half of the Congress, being one of The amendment comes from my side tration’s proposal with respect to the two branches. I don’t want that. And I of the aisle. Normally, I might not pay creation of the Department, and having am not going to knuckle under to what quite that much attention to it, but I read the House bill, H.R. 5005, in regard they want. This Senator is not—now, have spent a lot of time on the House to the creation of the Department, I tomorrow, or the day after tomorrow bill and on the Lieberman substitute, have been more and more constrained in this respect. and I have been very concerned that to believe that we have a new ‘‘animal’’ I may be overridden. The Senate, I Senators really are not paying atten- in this Department of Homeland Secu- said myself, is more than the 100 tion. That is my observation. I may be rity. It is not like the Department of hearts, and the Senate will eventually very wrong in that. I am sure the Sen- Energy. It is not like the Department work its will on this, I suppose. But it ators on both sides of the aisle who are of Interior or the Department of Trans- is not going to do so in the next 15 min- members of the Lieberman committee portation. It is not like most of the De- utes. This is a position that ought to be know what is going on. partments that have been with this confirmed. It doesn’t make any dif- But I don’t know about the rest of us. Government for a long time, several of ference what President Bush wants or Here we have an amendment before which have been created while I have what he doesn’t want. The Congress is the Senate, as I understand it, that been a Member of Congress. an equal branch. would eliminate the requisite con- This is an entirely different breed of This Congress is unlike, perhaps, the firmation by the Senate of the Home- Department. This is a Department that State Legislature of West Virginia. The land Security Director, the individual is going to encompass many issues that State Legislature of West Virginia may

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.065 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8539 feel it has to go along with its Gov- or Republican? If former President I would like to have the Senator’s re- ernor. I have been in the State Legisla- Clinton were in the White House today, sponse. He is entitled to respond. I ask ture of West Virginia. I know a little I would take the very same position. It unanimous consent that I may retain about how legislatures work and how is not because we have a Republican in the floor. Governors operate at the State level. the White House. It is because we have The PRESIDING OFFICER. Without They generally are very concerned an administration that is intent on objection, it is so ordered. about the State constitution, what it being secretive, has only a sneer, as it Mr. LIEBERMAN. Mr. President, re- allows with respect to the budgets and were—at least some of the people down sponding to the Senator from West Vir- so on, the State budgets. I have seen there—for the Congress of the United ginia, I need to say that I wouldn’t de- some other Governors come to Wash- States. It looks upon the Congress with scribe it as running up a white flag. ington as President and they think contempt. Senator GRAHAM, who has constructed that, well, they did it this way in the Some of the people in the administra- this section of the bill which I have government of Georgia or they did it tion don’t want to live by the ‘‘rules’’ supported, felt in the exercise of prac- this way in the State of California or that have governed for many years. I ticality but also because he feels so they do it this way in the State of use the word ‘‘rules’’ because I am re- strongly about the importance of at Texas. Well, things here are not done membering, in one case, one of the Cab- least putting in law a requirement— as they are done at the State level in inet officers using that word. We are again, exercising the power of Con- West Virginia. tied down by rules. gress. There are some in the Chamber Why should we bend to the adminis- The administration people read ‘‘Gul- who believe Congress should never tell tration’s opposition to this point? Why liver’s Travels.’’ It must have been re- the President what to do about any- shouldn’t this individual be confirmed? quired reading because they continue thing, and if the President wants to It is not enough to say: Well, the Na- to talk about the Lilliputians. That is create an adviser on counterterrorism tional Security Adviser doesn’t require the attitude toward the Congress of the he should have the right to do that or confirmation. United States. not do that. It is not enough to say that. That I do not want to give any administra- Mr. BYRD. Yes. There are monar- does not win the jury, I would hope, in tion too much power. I want any Presi- chists—not anarchists—in the Con- regard to a Homeland Security Direc- dent to have whatever power he needs gress, I will admit. tor. Just because Dr. Rice isn’t re- to deal with the protection of this Mr. LIEBERMAN. That is a word I quired to be confirmed is no good rea- country, homeland security. But I do would embrace. That is quite right. not want to give any President power son why the Director of Homeland Se- Our Framers did not create a mon- that he does not need but wants, and so curity—be it Mr. Ridge, eventually, or archy. They created a Republic with a I am a little bit aghast at the willing- John Doe—there is no good argument President with substantial powers—ac- ness of some of our people on my own as to why that person should not be countable to the Congress with sub- side to just bow down and scrape and confirmed. stantial powers—and to the people we say: Well, no, that’s not too important. Are we going to sheath our sword and are all ultimately accountable. The We don’t confirm Dr. Rice. We didn’t leave the field on that flimsy argu- Senator from West Virginia is not just confirm her predecessor. We don’t con- ment: Well, Dr. Rice is not confirmed a Senator but ‘‘the Senator.’’ He has firm the security advisers. Therefore I so I see no harm in not having the Di- had so much experience over some see no reason why we need to confirm rector of Homeland Security con- years here. He knows, as we have all the Director of Homeland Security. experienced these days, that sometimes firmed. I do. There is a great deal of dif- It is an entirely different argument. we come to a moment where we can’t ference. And, also, I haven’t had an op- It is as different as day and night. That quite achieve—Senator GRAHAM is at portunity to read this amendment. I an Intelligence Committee meeting, so is no argument. Why should I say I had an opportunity to talk with Sen- take my seat now and let this vote I am taking the liberty of speaking for ator LIEBERMAN, perhaps for 2 minutes occur in the next 15 minutes—or the him—the ideal that we aspire to be- here, and with Mr. THOMPSON for less cause the votes have been counted and next 30? That is no argument. Who is than that. I haven’t read this amend- here to hear the argument? There may ment, but I have heard enough about it we don’t have the votes. That was the be a good many Senators in their of- to oppose it—to oppose Mr. clear message from the vote. fices listening to it. That is how I kind It was important, nonetheless, to LIEBERMAN’s amendment. of caught on to it. Of course I will be against Mr. take a significant step forward and cre- ate the office, with a law to guarantee I am prepared to speak for several THOMPSON’s amendment, also. I am hours, if I can get the materials I want against his amendment, too. But the that there would be somebody in the that I have gone over during the recess. first vote would come on or in relation White House whose sole responsibility I don’t know how other Senators spent to the Lieberman amendment—I be- is to coordinate our government-wide their time. I am sure they were very lieve that is right. The first vote would antiterrorism program. I must say that busy during the recess, but I spent come on or in relation to the I am quite personal about this issue. most of the time during the recess Lieberman amendment as against the I said to the Senator from Florida studying the House bill and the Thompson amendment. I assume Mr. when we talked about introducing the Lieberman substitute. I had objected, THOMPSON is going to move to table the second-degree amendment that we may as Senators will recall, to going to the Lieberman amendment. not have the votes for this, either. I bill before the recess. I had objected to Mr. LIEBERMAN. The Senator from understand the Senator from West Vir- taking up any substitute before the re- West Virginia is correct. It is a ginia has a different point of view on cess. I felt that it was a matter worthy Lieberman-Graham amendment, and I what has been done. But Senator of considerable time and debate. think it is Senator THOMPSON’s inten- GRAHAM feels so strongly about the im- I was here when we created the De- tion to move to table it. portance of at least creating the office, partment of Energy. I was here when Mr. BYRD. And the distinguished even if we can’t achieve the ideal of we created the Department—today Senator from Connecticut, Mr. Senate confirmation, that he wanted to they call it Health and Welfare or LIEBERMAN, for whom I have tons and offer this amendment notwithstanding something like that. Abe Ribicoff was tons and tons of respect, is opposed and the possibility that the White House is the Secretary of that Department. He he has offered an amendment now, as I not negotiating very much at this later came here as a U.S. Senator. I understand it, that would run up the point. They are just wanting it their was here when the Department of Vet- white flag. I will use my own words. I way or no way. But he wanted to give erans Affairs was created. Thank God I am sure the offeror of the amendment this option to the various Members of am here now when we are discussing wouldn’t use those terms, but in my the Senate, particularly on this side of the creation of this Department. This words, would run up the white flag in- the aisle, who say, Senator GRAHAM, is a far different kettle of fish. sofar as confirmation, required con- Senator LIEBERMAN, I like your idea Why should this Senate kowtow to firmation of the Homeland Security but I don’t like the idea of Senate con- any President, whether it be Democrat Director by the Senate is concerned. firmation.

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.068 S12PT1 S8540 CONGRESSIONAL RECORD — SENATE September 12, 2002 That is the purpose of this amend- a while, but I had not been a Senator a And so I said, at the time, probably ment. I know how strongly the Senator long time. But I knew who the Presi- in a low voice: Well, technically speak- from West Virginia feels about the pre- dent of the Senate was. ing, the President has a point. The per- rogative of the Senate. I agree with Incidentally, the President of the son, Mr. Ridge, is on the President’s him in this case. It is just that we Senate can’t address the Senate with- staff. haven’t been able to achieve what we out unanimous consent of the Senate. So far so good. But Mr. Ridge is far wanted here, although we hoped we I noticed the Vice President the different from the ordinary staff per- might achieve a good part of it. other day in New York. I saw what was son. And he is far different from the or- I thank the Senator for giving me the going on on television. I saw that he dinary adviser to the President. The opportunity to respond. It is not my spoke at that meeting in New York President has lots of advisers. He has nature to settle for less than the ideal, when the two Houses convened up the Secretaries of all the Cabinets. but, as the Senator knows, sometimes there. Of course, when they first con- They are his advisers. And a confirmed in our democratic system we have to vened in New York, John Adams was Director of the Office of Homeland Se- do it to achieve some progress. Vice President, and he talked at curity can still be an adviser to the I thank the Senator. length. He was quite a gregarious per- President. He still would be, and he Mr. BYRD. Mr. President, I thank my son in that respect, somewhat unlike certainly would carry more weight dear friend, the distinguished junior the current Vice President. He is not than he carries as an adviser incognito. Senator from Connecticut, and the gregarious, and neither am I, for that Those are my words. standard bearer for the Democratic matter. But the Vice President doesn’t But keep in mind that this so-called Party in the last election, and a man speak these days—I have an audience staff person, this person on the Presi- whom I greatly respect for other rea- of one here, but even one individual is dent’s staff, is running all over the sons. He and I have many kindred feel- of great importance. So I want my country speaking to chambers of com- ings when it comes to the discussion of friend from Connecticut to hear what I merce, going down to Mexico and meet- religion. I admire him for many, many had to say here, not that it will be read ing with the authorities there, going things in that regard. If we wanted to even as a footnote. up to Canada, meeting with the au- get into the discussion of the But at this time, the Vice President thorities there. Ordinary staff people cosmological principles that guide the cannot address the Senate except by do not do that. This is more than just operation of this universe, and if we unanimous consent of the Senate. At an ordinary staff person. This is more wanted to talk about Charles Darwin, the time of the beginning of the Repub- than just an ordinary adviser to the that great English naturalist and his lic, the Vice President was John President. theory of survival of the fittest, the Adams. And he was one who would And he was quite willing to come up Senator and I have a lot of kindred speak at the drop of a hat. He spoke and ‘‘brief’’ Members of Congress. Well, thoughts. quite at length. that doesn’t fill the bill as far as I am I understand Senator GRAHAM. He is That is a little bit besides the point concerned. I am chairman of the Ap- a former Governor. There is nothing here, but I just have to say that I can- propriations Committee. I don’t know wrong with being a former Governor. not—I suppose the Senator will win how long I will be chairman, but as But Governors have a way of looking over my objection because not many long as I am chairman of the Appro- at things a little differently than those people here seem to be paying much at- priations Committee, that doesn’t fill lowly peons like myself who served in tention to what is being said at the the bill. We have briefings, if we want them. the House of Delegates and the State moment. I think they take for granted But when we want to spread the Record Senate of West Virginia. I can under- it is a bill like other bills that come for the American people to see, and for stand how a Governor sees things— here that have come through the com- the American people to hear what is even at the Federal level—because mittee, and: ‘‘I am going to vote with said by witnesses and by Senators who sometimes they see things through the my party,’’ or ‘‘I am going to vote are asking questions, it should be done lens of their experiences as Governor against the party,’’ or whatever. in formal hearings—hearings, not brief- But I have been trying to get their dealing with State matters and State ings behind closed doors. constitutions. I can understand that. I attention. And if it had not been for I think there was some offer, even, to wish I had been a Governor of the State my objections, this bill would have have a briefing with the doors open, of West Virginia at some point. I would probably been passed already. But but that still does not—still does not— like to have that additional experience. some attention, at least, is being paid meet the bill. Here is a committee of But I cannot yield without more than to it now. And I hope that more atten- the Congress, the Appropriations Com- just a clash of sword against a shield, tion will be paid to it. mittee, created in 1867, doing its work, even to Senator GRAHAM. I have great On the business of having the Direc- doing its duty, as we have always done respect for him, but he is wrong in this tor of Homeland Security confirmed, it. When we have had Republican chair- instance. When he gets to the floor, I Senator STEVENS and I had our experi- men of the committee and when we will tell him I said that. I say that out ence—and it was not a very happy ex- have had Democratic chairmen of the of respect to him. We can all disagree. perience—with this administration committee, the committee has always I sometimes try to remember that I when it came to the hearings that both had hearings. And they have been pub- can be wrong, and often am. But this is Senator STEVENS and I thought we lic hearings. wrong. ought to have on appropriations. That If we want closed hearings, we can I would be happy to debate this with was the supplemental appropriations vote to have a closed hearing. And then Senator GRAHAM until the cows come bill, I believe. That was in the very we might vote to have the Record home, if he wishes. He feels strongly, early part of this year. And at that cleaned up a little bit and made public. as Senator LIEBERMAN says. I take that point the memories of September 11 of But ordinarily when we are hearing exactly the way Senator LIEBERMAN last year were almost as vivid—in Jan- testimony on the budget, the Federal says it. Senator GRAHAM feels strongly. uary and February of this year—as budget—the people’s money, and the Well, so do I. they were the day after the event. way the taxpayers’ money is to be I am going to see that there is some But Senator STEVENS and I joined in spent—the taxpayers are entitled to debate on this matter before we vote asking Governor Ridge to come up be- hear that. They are entitled to hear on it. I am not as young as I once was. fore our Appropriations Committee and what the administration person says. I once spoke 14 hours—or something testify on the budget for homeland se- What was it that had to be secret? like 14 hours—on this floor. I once sat curity. Oh, he didn’t want to come up. There was nothing. There was nothing in that chair for 22 hours. I sat in the He was just a staff person at the White about the testimony that he would give chair 22 hours, and I would still have House. I believe I saw the President, on these budget matters, on the appro- been setting in it had Richard Nixon, Mr. Bush, on television, on one occa- priations for the next year—nothing— the Vice President, not come to the sion, saying: He doesn’t have to go up that it needed to be secret. Senate Chamber. He naturally had the there. He doesn’t have to go. He’s a If we had had briefings, they would right to the gavel. I had been a Senator staff person. not have been kept secret. Ten minutes

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.070 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8541 later, those who would be in the brief- in the committee. And if the com- The PRESIDING OFFICER (Mrs. ings would go out and tell what was mittee wants to close the door for an CARNAHAN). Without objection, it is so said because it was not classified. That hour to hear what he has to say that is ordered. was a sham. That was a charade on the so secretive and so demands secrecy, Mr. REID. I suggest the absence of a part of the administration to try to we will vote on that. But we are not in- quorum. make it appear that the administration terested in embarrassing Mr. Ridge. We The PRESIDING OFFICER. The was trying to be reasonable. Yes, they are not interested in embarrassing Mr. clerk will call the roll. would let Mr. Ridge come up and brief Bush. We only want the facts con- The legislative clerk proceeded to Members. Why, my foot. Have him cerning the moneys that are going to call the roll. come up and brief Members of the Con- be needed for homeland security. Mr. BYRD. Madam President, I ask gress? Why, that is laughable. No, they wouldn’t let him come up. unanimous consent that the order for When I first came to this Congress, The administration had its feet in con- the quorum call be rescinded. John Taber of New York was chairman crete and was determined not to let The PRESIDING OFFICER (Mr. CAR- of the House Appropriations Com- Mr. Ridge come up and testify before PER). Without objection, it is so or- mittee. Would John Taber have agreed the Senate Appropriations Committee. dered. to have an administration person in The President said he was going to The Senator from West Virginia is the position that Tom Ridge is in—I change the tone in Washington. Well, recognized. am talking about John Taber, the Re- as far as I was concerned, that was not Mr. BYRD. Mr. President, time being publican chairman of the House Appro- changing the tone in the right direc- of the essence and realizing Senators priations Committee—would John tion. That was a sour note, and I am want to get out of here and go home Taber have agreed to have the adminis- sorry the administration ever took and how badly they want to get rid of tration witness come up and just give that position. But here we are today the pending amendment, I will try to the Appropriations Committee a brief- and the administration still doesn’t move on a little faster. My thanks to ing? Heavens, no. want it. Why? the pages for brining me a lectern. And so I feel the same way about it. Why did they have their feet in con- Mr. President, I have heard the con- Why should the Appropriations Com- crete a few months ago with respect to cerns of some of my colleagues about mittee of the Senate, after 135 years— Governor Ridge? We could have gotten establishing a statutory office within after 135 years—through all adminis- off on a much better footing if Mr. the Executive Office of the President trations, Republican and Democrat— Bush had said: Go on up there and an- with a Director confirmed by the Sen- settle for having a briefing, letting the swer their questions. If they are asking ate. I have heard the arguments that administration’s point man on home- questions on dollars and cents, the tax- Congress would be intruding upon the land security just come up and give a payers’ money, the appropriations President’s right to receive confiden- briefing? Why, the American people are needs, go on up there and answer those tial advice and it would tie his hands entitled to more than that. The Amer- questions. with regard to the internal manage- ican people are entitled to more than It would have struck a much sweeter ment of the White House. that. That is trivializing the appropria- note. But it kind of, in a way, poisoned These arguments misrepresent the tions process. No, I would not agree to the well. So that wasn’t changing the realities of coordinating the executive that. tone for the better. That made it branch and the management challenges That is what we are about to do here. worse. And to this day, the administra- it will involve, even after this new De- We are about to say, yes, we will have tion doesn’t want that position to be partment is up and running. a Secretary of the Department. I am one that requires confirmation by the The point has been made many times for a Department of Homeland Secu- Senate. during the crafting of this legislation rity. And in my amendment, I cer- Here we are, the loyal opposition that the functions involved in home- tainly subscribe to Senator when it comes to this bill, I guess, say- land security are scattered throughout LIEBERMAN’s committee proposal in ing: We think that position ought to be the Federal Government. That is an having a Department, having a Sec- confirmed. If we are going to create it, important point. Let me state it again: retary of the Department. I go along it is going to be confirmed. That is the The point has been made many times with that. Yes, let’s have a Secretary. way the Senate ought to look at this. during the crafting of this bill that the But in my amendment, I am still pro- If there were a Democrat in the functions involved in homeland secu- ceeding under the understanding that White House, I would say the same rity are scattered throughout the Fed- the Director of Homeland Security thing. It should be the Senate’s will. eral Government. That is not like the within the White House will also be Now, the President can veto the bill. State Department. It is certainly not confirmed. He can do that if he wants. He can do like the Defense Department. In an appropriations bill which Sen- that. I believe it is the seventh section We are talking about a Department ator STEVENS and I brought to the floor of article I of the Constitution which with functions scattered throughout several months ago, we had language lays out the veto power of the Presi- the Federal Government, the functions requiring the confirmation of the Di- dent—the seventh section, article I. involved in homeland security. That rector of Homeland Security. It was in Mr. REID. Mr. President, I am won- does not stop just at the water’s edge. the appropriations bill. We tried and dering if I could ask a question without It goes on to the other side of the river. we tried—Senator STEVENS and I tried the Senator losing his right to the Many of those functions will not be more than once—to have the Director floor. transferred into the Department by of Homeland Security come before the Mr. BYRD. Absolutely. this legislation. Appropriations Committee in the Sen- Mr. REID. Would the Senator con- The legislation before the Senate ate and testify. sent to my suggesting the absence of a today and which the Senate will vote I assured those from the administra- quorum, with the order being that as on—I suppose, eventually, if this legis- tion who talked with me about that, soon as the quorum is called off, which lation is passed—creates a Department we were not interested in knowing any- would be very quickly—I want to visit of Homeland Security. I am for cre- thing about Mr. Ridge’s secret con- with the Senator and the managers of ating a Department of Homeland Secu- versations or private conversations the bill—the Senator from Virginia rity, but the bill creating a Depart- with the President; we were not inter- would retain the floor? ment of Homeland Security is not the ested in any of that stuff. We are not Mr. BYRD. I don’t know about the end. That is not the alpha and the interested in that Dick Tracy stuff. We Senator from Virginia. omega. That is not the end-all. We only want to know the facts con- Mr. REID. I am sorry, West Virginia. really will not have done our work. We cerning the appropriations. We are not Mr. BYRD. Yes, that is perfectly OK. will have only begun. going to ask him questions like that. It Mr. REID. I ask unanimous consent Many of those functions, I say again, is not going to be classified. that when the quorum call I will short- will not be transferred into the Depart- If Mr. Ridge wants the committee to ly suggest is called off, the Senator ment by this legislation. That is why I hear him in secret, we will vote on that from West Virginia have the floor. say we ought to stop, look, and listen

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.073 S12PT1 S8542 CONGRESSIONAL RECORD — SENATE September 12, 2002 to what we are doing. The administra- retary. Let’s have six directorates, as Ridge or somebody else, I don’t know tion would like Congress to pass just a Mr. LIEBERMAN proposes. Let’s have who; it is the Secretary we are talking mere piece of paper, as it were, handing five Assistant Secretaries. I am in about. Yes, you send up your proposals the Department of Homeland Security favor of that. That is all in title I. 120 days after February 3 while the over to the administration, saying But I am saying, whoa, whoa, whoa, fleshing out of the Border and Trans- here, Mr. President, here it is. It is whoa. Let’s not go too fast now. Let’s portation Directorate is going forward. yours, lock, stock, and barrel. Take it. create this over a 13-month period. Then, 120 days later, we say to the Sec- We are out of it. We will stand on the Let’s have the work done under a 13- retary: Send up your proposals for sidelines. month period, as the Lieberman bill these next two directorates, the Direc- That is what we would do if we were would do. Let’s create all this. Let’s torate of Intelligence and the Direc- to pass the legislation supported by the create the superstructure. Let’s have it torate of Critical Infrastructure. White House. If we were to pass the completed in 13 months, as Mr. All right. The Secretary, then, will legislation that has been sent to us LIEBERMAN would do. send up his proposals for those two di- from the House, we would be doing just He would have the Department and rectorates. And as far as time is con- that. We would be passing a bill cre- the superstructure and the agencies, cerned, 120 day later, then—that would ating a Department of Homeland Secu- their functions, and everything within be June 3—120 days later would be rity in the Lieberman bill, legislation 13 months, beginning with 30 days after something like October 1. All right. that would say: A Department is cre- the bill is enacted into law. Then there Let’s have the Secretary send up his ated. Here it is, Mr. President. It is would be 12 months in what is called a proposals for the fourth and fifth direc- yours. Take it. Do what you want with transition period. Mr. LIEBERMAN torates. it. You have the next 13 months in would have that. I would have that, Here they are, the Directorate of which to implement this legislation. It too. But I would say, let’s wait a little Emergency Preparedness and the Di- rectorate of Science and Technology. I is yours. bit. Let’s slow down a little bit. Let’s I am not in favor of doing that. I am not just turn this over to the adminis- did not create these directorates; these in favor of creating a Department of tration and let them have it and we directorates are to be created under Homeland Security, but I am not in walk away. Mr. LIEBERMAN’s bill, under his sub- favor of Congress doing that and then When I say ‘‘we,’’ I mean the Con- stitute for the House bill. I am taking walking away and saying: It is yours, gress, the people’s representatives. I his words for gospel, and I am saying: OK, let’s go along, let’s have those di- Mr. President; for the next 13 months am saying Congress should stay front rectorates. But I am saying, February 3 we will go to the sidelines. I am not in and center in the mix. Let’s have, say, we will have the proposal for the first favor of that. one of the directorates go forward be- I don’t know why some Senators ginning on February 3. There are six directorate; June 3, let’s have the pro- seem not to be exercised about it, but directorates. One is in title XI. I don’t posals from the Secretary of Homeland my blood pressure has gone up a little touch title XI. That deals with immi- Security for the next two directorates; then, on October 1, we say to the Sec- bit about the very idea of handing this gration. I don’t touch that, certainly retary, now send up your recommenda- over to the President and to this ad- not at this point. tions to Congress concerning the last ministration and saying: Here it is. It But for the other directorates, I two directorates in title I: that is, the is yours. would say, OK, on February 3 we will That legislation, when we send it to create one directorate and, Mr. Sec- Directorate of Emergency Prepared- the President, will not be all; we will retary, you send up to the Congress ness and the Directorate of Science and Technology. have created, under Mr. LIEBERMAN’s your proposal as to how we flesh out So, there you are, we do it in a staged bill, we will have created a Depart- that directorate, as to what agencies fashion. One directorate; 4 months ment, we will have created six direc- go into that directorate—what agen- later, two more directorates; 4 months torates, we will have created the super- cies. Of course, that directorate is later, two more directorates. By the structure of a Deputy Secretary, six going to deal with border and transpor- end of that next 4 months, the 13 Under Secretaries, five Assistant Sec- tation security. months would be up, so we will be Mr. LIEBERMAN and his committee retaries, and so on. within the same total timeframe as is That is OK with me. Let’s create that and Mr. THOMPSON have created six di- envisioned by Mr. LIEBERMAN’s com- superstructure. That is fine. But when rectorates. One of them is Border and mittee. It envisions all this being done it comes to transferring the agencies Transportation Security. My amend- within 13 months—13 months following into that Department, how many agen- ment would say, OK, let’s take border the passage of the Act. cies are there? Some say 22. Some say and transportation security in that We are saying the same thing, but we 28. Some say 30. How many agencies first directorate, and, Mr. Secretary, are saying don’t do it all at once, and are there? What agencies are they? By you send up your proposals for trans- we are not going to give you authority, what criteria were those agencies se- ferring agencies into that directorate Mr. President, to do it all at once. We lected? Who said that this agency to make it work. You have 120 days to are saying do it, some here, some ought to go in but not that one? And do that—that is 4 months. That is Feb- there, and some there, and let Congress why should this agency go there and ruary 3 that we start, because that is be in on all this all the time—all the not that one? Why should that one go the day the President sends up his way. in? Why not this one? budget. How does that come about? All right, So all that is going to be left up to Then we say, 120 days later—4 each set of proposals from the Sec- the administration. We are going to months later—Mr. Secretary of the De- retary of Homeland Security will come leave it up to the administration as to partment of Homeland Security, you to the Congress, and they will go to the the agencies that will go in, as to their send up your proposals for the next two committee, the Lieberman committee, functions, as to their objectives, as to directorates. The next two directorates and its counterpart in the other body. their assignments. We are just going to are the Directorate of Intelligence and So both the House and Senate will be turn it all over—lock, stock, and bar- the Directorate of Critical Infrastruc- working on these sets of directorates in rel—to the administration. ture—the Directorate of Intelligence stages. Congress will be front and cen- That is the way it would be under the and the Directorate of Critical Infra- ter. Congress isn’t going to hand this administration plan. That is the way it structure, those two directorates that thing over and then abdicate its re- would be under the House plan. That is are created by Mr. LIEBERMAN’s bill. sponsibility and walk away and stand the way it would be under the See, I am with Mr. LIEBERMAN on that. over here on the sidelines. Congress is Lieberman plan. I am trying to im- But I am saying: Wait just a little going to stay involved. That is what prove the Lieberman bill. I am saying, bit. Let’s hold our hands on the bridle my amendment is about. Let’s keep OK, let’s do the superstructure. Let’s here. Let’s not let this horse run away Congress involved. have a Secretary. Let’s have a Depart- with this wagon. Let’s hold up here. What happens then? All right, let’s ment of Homeland Security. Let’s have You send up your proposal, Mr. Sec- take the first directorate. That is Bor- a Secretary. Let’s have a Deputy Sec- retary. I assume that might be Mr. der Transportation. The Secretary

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.075 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8543 sends up his proposals to Congress. The Twenty-eight agencies? No. Are we When we set up the next phase, the proposals, as far as the Senate is con- talking about 30 agencies? Maybe no, final two directorates we will have ben- cerned, go right straight to the maybe yes. Who knows? efited by whatever mistakes or what- Lieberman committee. Mr. LIEBERMAN In any event, the concept is this: ever shortcomings may have surfaced and Mr. THOMPSON stay right front and That we avoid the chaos of just pass- during the creation of the preceding di- center. They take these proposals in ing this bill today—say this is the bill rectorates. their committee; they amend them, before the Senate today, and it is It seems to me this is much more log- they adopt them, or whatever. What- passed by the House and the Senate ical. It is an orderly process. It keeps ever that committee wishes to make of and sent to the President. We avoid the Congress—the elected representatives the proposals that are sent to it by the chaos that will prevail throughout the of the people—in the process. And it Homeland Security Director, that com- affected agencies of Government if this keeps Mr. LIEBERMAN’s committee— mittee reports that out as a bill. It bill is passed and sent to the President which is the committee that has juris- comes to the Senate. because it is all done at once. We hand diction over the subject matter—front Oh, that is going to delay. Oh, my it over to the President lock, stock, and center. goodness, you say, that committee is and barrel. We walk away. And the Why not do it that way? Why not do going to report out another bill and the President may take 6 months or he it in an orderly way rather than just Senate is going to have to work on it? may take 8 months or he may take 13 turning the whole thing over all at Yes, that is true. But we can prepare months before he sends up all of the once and just washing our hands of it, expedited procedures. So I say let’s pre- recommendations dealing with 6 direc- and saying, that is it, it is up to some- pare expedited procedures. If we do it torates and 22 agencies—or 28. He may body else? in that fashion, we can prepare expe- take all. That is not the way to do it. I think dited procedures where the bill is not Under my amendment, we say no. the concept is one that is unassailable. delayed, where it is not filibustered—it Let us just take some at a time. Let us That is the way it would work under can’t be filibustered under expedited see how it works. Let us create that my amendment. We think we are all in agreement. We procedures—and the Senate will take first directorate. Let us have the rec- are talking about at least two dozen that and, under expedited procedures, ommendation of the Secretary of the agencies and 170,000 Federal employees. will consider it. It is not going to be Department. Let us have his rec- That is a big shakeup in our Govern- a—what is that infernal thing called?— ommendations. Let the Senate, Mr. ment. There is virtually little debate fast track. That is right, fast track. LIEBERMAN, and the committee look at it. His committee looks at it and re- going on here. There was a big rush to Under fast track, the Senate doesn’t get this through in a hurry, pass it by ports the bill to the floor. Let us have get a chance to amend, but under these September 11, or pass it before we go the Senate look at it, and the same expedited procedures I am thinking out for the August recess. about, the Senate will be able to work thing in the House but all under expe- Norman Ornstein wrote an article in its will and amend the bill that is re- dited procedures. the Washington Post some several Sun- We do some here, do some there, and ported out by Mr. LIEBERMAN and by days ago in which he pointed out the do some later on. We stage it. We phase his committee’s counterpart on the chaos. He referred to the chaos that it in. We don’t just hand it over lock, other side, in the House of Representa- will occur in this Government of ours if stock, and barrel, and say: Here it is. It tives. we go down the road meekly like lambs is yours. That committee would report the bill to the slaughter and pass this as the We avoid the chaos of doing it that out to the Senate, the majority leader administration conceived it in the way. Let us do it in an orderly way. would call up the bill, and it would be darkness of midnight in the subterra- Let us have an orderly process so we acted upon under expedited procedures nean caves of the White House; just go really do not do damage to the pro- and disposed of. along like that with all of these agen- posal by Mr. LIEBERMAN. As a matter of Four months later, when the next cies in turmoil, and we transfer 170,000 fact, in my way of looking at it, we item came up here, the Directorate of Federal workers. Intelligence and the Directorate of don’t vote. My amendment will say we Here they are—all moving their Critical Infrastructure, the same thing, will create the Department just as Mr. desks up Pennsylvania Avenue, and same procedure would obtain. The Sec- LIEBERMAN creates the Department. We they are having to move the telephones retary of Homeland Security would will create six directorates just as Mr. and get new telephone numbers. They send his proposals to the Congress. LIEBERMAN creates six directorates. We are having to move their computers, The reason I don’t say the President will have a Secretary and a Deputy and they are having to do all this. And is that if I did, I would make my Secretary, and we will have seven the people who work in those agencies amendment fall, if cloture were to be other Secretaries, and five Assistant are going to be shifted to another invoked on my amendment. If cloture Secretaries just as Mr. LIEBERMAN has building with a new mailing address. were to be invoked, it would fall be- the same number. All of that is going on at the same cause it would not be germane. I have We are with you, Committee, Mr. time. All of these agencies with 170,000 tried to construct this amendment so LIEBERMAN’s committee. We are with Federal employees all at once—all is it would stand the test of germaneness you. But instead of just passing this going on in the 13-month period. They in the event cloture were invoked on bill and wiping our hands and walking are going to be working in a different this amendment. away, saying, I shall have no more to culture, in a different kind of atmos- So instead of the President sending it do with this, it is all yours, Mr. Presi- phere with different associations with up, it would be his man—it has to be dent, we are going to say: Here is the different assignments than what they his man, the Secretary of the Depart- concept. Your Secretary will send up have been accustomed to—all of this at ment of Homeland Security. The Sec- recommendations in intervals. There once. retary would send the proposals to the will be some of it at a time. We will do What pandemonium will have taken committee, to Mr. LIEBERMAN’s com- the first directorate. While that is over Pennsylvania Avenue. In ‘‘Para- mittee. Mr. LIEBERMAN’s committee, going through the mill and during the dise Lost,’’ Milton wrote about the fall under expedited procedures, would go 4 months when those agencies are of some of the angels from heaven. He over the recommendations from the being moved in, we are going to be tak- wrote about the rebellion against the Secretary and send them, in amended ing a look at the next two directorates. Creator by these angels and how they form perhaps, to the Senate floor to be But we will have in mind the flaws and conspired to take over. And they fell. taken up here and passed. the warts that we found in the first They were run out of heaven. Satan So the same thing, the same proce- transactions. We will have had an op- and his angels of like mind fell with dure, would obtain in each instance portunity to try. Let us see how it them. They fell like Lucifer from heav- where a directorate or directorates works. If there are flaws, if there are en, and they fell upon the boiling lake. were being fleshed out by agencies. mistakes, we can correct them as we go Lucifer sat and built himself a palace Are we talking about 22 agencies along, and the next two directorates there. That palace was called Pande- here? No. Twenty-six agencies? No. will not make those same mistakes. monium.

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.078 S12PT1 S8544 CONGRESSIONAL RECORD — SENATE September 12, 2002 Do you remember that—those of you Imagine the chaos. But under my One of my favorite movies, in the old who have read Milton’s ‘‘Paradise proposal, we will do this in an orderly days, when we had black and white tel- Lost’’? He created a palace called Pan- fashion. We will do the same thing Mr. evision—I can remember back in 1953, I demonium. LIEBERMAN does. In the end, we come believe it was, or 1954, when my wife That is exactly what will happen— out with the same Department, come and daughters went to one of the stores pandemonium. out with the same directorates, the around here and bought a new tele- Go back and read Norman Ornstein. same number of directorates, named vision set. Yes, television had not been By the way, go back and read Milton’s exactly like his directorates. We come around long. It just came upon the ‘‘Paradise Lost.’’ But also go back and out with the same number of Under scene in 1926. I did not have a tele- read Norman Ornstein’s article in the Secretaries and Assistant Secretaries, vision set in my house. Washington Post of some several weeks the same thing. And we will do all that One evening, I went home from my go. I will get it. We are going to be de- up front, the superstructure. daily work in the office of mine rep- bating this beyond today. We certainly But the rest of it, flushing out the di- resenting the old Sixth Congressional won’t pass this bill today. I think we rectorates, determining what agencies District in West Virginia, where the are sure of that. go in—we want to know, Mr. Secretary, current Presiding Officer was born, the So you have an opportunity to go what are your recommendations with distinguished junior Senator from back and read Norman Ornstein’s very regard to the agencies that go in here. Delaware, who sits in the chair today thoughtful and thought-provoking arti- We will be doing all that in an or- and presides over this body with such cle about the pandemonium that will derly way, 120 days at a time: February dignity and poise. He was born in that reign on Pennsylvania Avenue. He 3, the first directorate; June 3, the sec- old Sixth Congressional District. That didn’t put it in those exact words, but ond and third directorates; October 1, was the district that I represented. that is what you will be reading the fourth and fifth directorates. We do Well, that was back in the years 1953, about—the pandemonium that will not deal with the sixth one because 1954, 1955, 1956, 1957, and 1958. reign and the chaos that will reign that is in title II. My amendment only And one day, when I went home for when all of these angels—22, 30 of goes to title I because I did not want to supper—we called it supper over at our them—so many that nobody knows ex- go and get mixed up and have any prob- house. We are just country folks. I actly how many agencies—but 170,000 lems with germaneness in the event went home to supper. I had my supper. employees have to rip up their tele- that cloture is invoked on my amend- My wife and I and our two daughters phones and their computers and carry ment or on the bill. So that is it. Why walked into the living room and sat the opposition to my amendment? them off and up and down the avenue. down. And she said: Do you see any- So with Congress dumping the job of What chaos that will be. Who is going thing new? I looked around. She said: dealing with over two dozen agencies to be minding the store when all of this and 170,000 employees into the lap of Do you see anything new in the living chaotic exercise is being carried out? room today? I had not seen anything Who is going to be minding the store? the Secretary, he will no doubt be too busy trying to get his own house in new, but as I looked around, there it Who will be watching the terrorists? order to spend his time worrying about was, a brand spanking new black and What will happen to those people right what the rest of the Federal Govern- white television set—black and white. now who are in the agencies of this Well, my favorite movies in those ment is doing. The Secretary of Home- Government right today? At 5:30, I sup- land Security will not be in a position days were clean. And they were whole- pose most of them are not still around; to coordinate agencies outside of his some movies. There are a few of them but certainly a lot of them are around, Department, so who will do it? Who left but not many in this day and age. and will be around until midnight and will be responsible for managing and We talk about other people being evil, after midnight. They will be out on the overseeing homeland security func- about Saddam Hussein being evil; just borders, securing the borders. They tions and resources across the entire take a look at the television program- will be out there at the airports. They Federal Government? ming in the evenings. I saw, on one of will be at the ports of entry to this That is not like Condoleezza Rice. the evening shows—I turned the TV on country. They will be all along the bor- That is not like the Secretary of State. the other night. I seldom turn it on, der between Canada and the United That is not like the Department of but you can’t help but see some of States and the southern border be- State. Hear me now. That is not like them. And I saw some beautiful young tween Mexico and the United States. the Secretary of State. They do not women on there, and they were saying They will be out there every hour of concern themselves with agencies all words that I wouldn’t say, and I have the 24 hours. They are out there right across the whole Federal Government. said them all in my time. But I don’t now, and they will be there tonight But this one will. This Homeland Secu- like that kind of language in the living when, Mr. President, you and I are rity Department will be concerned with rooms of the country. sleeping. They are out there right now. functions and resources that cut across How can we say somebody is evil? We But will these people be at their the whole Federal Government. need to take a look at our own self. I posts of duty when all of this chaos Who will be able to dedicate the time cannot look in the mirror and say I am reigns, when we are going through all necessary to follow up on the oper- not evil. Nor can any other man, truth- this big uprooting of the Government ations of so many agencies in so many fully. Because we have a little bit of here in Washington, the uprooting of different Departments? Satan in us. We have a spark of the Di- men and women who are at their jobs, This is a brandnew Department. Let vine in us. That is why there is an at their desks, at their telephones me tell you, this is a brandnew, shiny afterlife. And we will have to answer today and every day? toy, unlike the State Department, un- for what we have done in this life. They are at their desks securing our like Condoleezza Rice’s Department. I So there is that black and white tele- country, protecting our country, pro- say what I say with great respect to vision set over there. And I liked tecting you and me, and my grand- her. But you cannot equate ‘‘Gunsmoke.’’ I kind of liked old Matt children and yours. What will happen Condoleezza Rice’s position with the Dillon in those days. And I liked ‘‘The when all of this chaos reigns? These position of the Director of Homeland Honeymooners,’’ Jackie Gleason. And I people will not know—‘‘Let’s see, Security. Why, her Department was liked the ‘‘Untouchables’’ in those where am I supposed to go? What room created more than 200 years ago. But days, Eliott Ness. am I in? What is the number and the not this Department. But here we have the untouchables at place I am supposed to go in this new This is a brandnew Department. It the White House. Don’t touch them. Government?’’ cuts across virtually all agencies of Don’t have them come up here. Don’t They will be saying: ‘‘Where is my Government; something new. Then how have them come up. They are the un- computer? Where is my laptop? Where could we equate the National Security touchables. Don’t have them come up is it? And what is my new telephone Adviser and her position with this new before the committees. number? And, by the way, what is the Secretary, this new Director of Home- This administration thinks we should name of my agency here? Who is in land Security, who will be in the White not have someone of that stature, the charge here?’’ House, untouchable? stature of Tom Ridge, come up before a

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.080 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8545 committee of the Senate. Who will be the electorate for what they have done idea of having the Homeland Security responsible for managing and over- or not done. They have to cast votes. Director come up to the Hill and tes- seeing homeland security functions and They have to show down, and they have tify on his confirmation and have the resources across the entire Federal to go back home and explain the votes Senate vote to confirm. Why not? Why Government? Who will be able to dedi- to the people. No, don’t go up there to not? cate the time necessary to followup on them. This Constitution that I hold in my the operations of so many agencies in And there is that fellow BYRD up hand tells me that the Senate may con- so many different Departments? there and that fellow STEVENS. One is a firm or will confirm. Certain offices Now, I don’t want Senators to go Democrat and the other one is a Re- will be appointed by the President, by home yet. I have been trying to tell publican. They want Tom Ridge to and with the consent of the Senate. Senators that this is a very important come up there. And those two guys—I And up until this point, I don’t remem- step we are being asked to take, and we will say ‘‘guys’’ because that is all ber Presidents dictating to the Senate ought to be paying attention to it. I right; that term is used a lot around as to what offices the Senate may cre- have been saying that to the adminis- here these days—those two Senators. ate and which will be confirmed and tration. Don’t push it too fast. The President could even say: I have a which will not. I don’t remember that Let’s don’t be stampeded by this ad- letter on my desk written to me by happening. This is a new leaf in my ministration. The President is out TED STEVENS and by Senator BYRD ask- book of 50 years here in Congress, the there with his backdrops saying: Con- ing me for an appointment. They want very idea. tact Congress. Tell them to pass my to make their case about having Tom And now we want to say, OK, Mr. bill, pass this bill on homeland secu- Ridge come up there. President, we will do it your way. We rity. But the President of the United will yield on this. You can appoint Well, let’s just slow down a little bit. States didn’t show Senator STEVENS or your man. We won’t require him to be So I say, I wouldn’t go home quite yet me the courtesy of even writing a let- confirmed. if I were Senators because there might ter back to us or calling us on the tele- So are we going to hand over this re- be a vote here yet, or there may not. phone saying: I received your letter, sponsibility to Tom Ridge, to entrust Who will have enough authority to Senators, but I am of a different opin- him with these important duties that twist the arms of bureaucrats when im- ion. This is why I don’t want to send extend far beyond the White House plementing homeland security policies him up there. gates, after he has already clearly dem- in the field proves harder than dream- No, the President didn’t show us that onstrated an unwillingness to cooper- ing them up in the basement of the courtesy. He had some underling—and I ate with Congress on a matter that di- White House? say that with great respect—a person rectly affects the hearts and lives of Who will do all this? Tom Ridge, will who wrote the letter. I think there every one of our constituents? he do it, the man who refused to testify were one or two of them down there That is how important it is. This is a before Congress when the Nation most who wrote letters back to me and to matter that affects the hearts and lives needed to hear from him? No. He had Senator STEVENS saying: The President of every one of our constituents. Sen- time enough to run around all over the has received your letter and this is why ator THOMPSON says we should. He country and speak to chambers of com- it can’t be done or won’t be done. trusts the President to command the merce and this organization and that Now, how do you like that? Here is secret war on terror without input organization about his Homeland Secu- the President pro tempore of the Sen- from Congress. I guess Senator THOMP- rity Department and to say awful nice ate, the senior Democrat in the Senate SON—and I have great respect for him— things about what he was going to do of the United States has written asking feels confident that Tom Ridge has and all of that. He had time to go to the President for an invitation, asking enough clout to do the job. But I am Canada. He had time to go to Mexico for an invitation to come to the White not sure that one man’s clout will be and talk to the heads of state in some House to discuss having Mr. Ridge enough. On my side of the aisle there of those areas. He had time to do that, come up before the Senate Appropria- are Senators who are willing to say the but he didn’t have time to come up tions Committee when it holds impor- same thing. here and talk with these peons who are tant hearings. Is that changing the Well, they say that vote has been de- sent here by the people out there on tone in Washington? Is that changing cided earlier today. I don’t believe that the prairies and on the plains and on the tone in Washington? has been decided earlier today. The the mountains and in the valleys and Here is the ranking member on the question we voted on earlier today in the fields and in the mines and on Appropriations Committee, former went beyond that. John Dean, the the stormy deep. He didn’t have time chairman of the Appropriations Com- former counsel to President Nixon, to talk with us. mittee from the Republican side of the knows something about putting Execu- I think he would have come, but the aisle, a man, who knows, who could be tive power in the hands of White House President wouldn’t let him because of the next President pro tempore of the advisers and beyond the reach of con- this misguided perception that, well, Senate, the man right here at this desk gressional oversight. This past April, because Tom Ridge was an ‘‘adviser’’ to who sits in this chair on which I hold Mr. John Dean wrote a column in the President, he didn’t have to go up my hand at this moment. Here are two which he expressed concerns about en- there; because he is on the President’s very senior Members. Not that all wis- trusting such responsibilities of coordi- ‘‘staff,’’ he didn’t have to go there. dom flows from the limbs and joints nating homeland security to a White This is a different kind of staff. This and brains of these two Senators, but House aide with no statutory author- is a different kind of adviser. Here is a they have been here a while. They are ity. man who goes all over the country the chairman and ranking member of Where is the statutory authority for speaking about homeland security, the Senate Appropriations Committee. this White House aide? Oh, I know the about his plans, about what is going to We wanted an opportunity. We had President issued an Executive order, be happening, what is going to be done, been turned down in our letters. We but where is the statutory authority what are the concerns, what are the had been rejected. We asked for an in- for it? Somebody has to ask for money fears, what are the things we have to vitation. We asked for the President to once in a while. Money doesn’t grow on guard against. But don’t go up there in give us an appointment. Let us come trees. They have to come here at some that briar patch. Don’t go up there to down and explain our case for having point. This old Appropriations Com- Congress. Don’t go up there and talk to Tom Ridge come down. mittee is a waterhole. Out there in the those people. They are the elected rep- Did the President ever invite us great forest are a lot of animals. They resentatives of the people. Tom Ridge down? No. No. Was that changing the roam around out there, and when the isn’t elected by anybody. tone in Washington? That didn’t do night comes and the shadows and the But those people up there, those men any good. That didn’t help at all. curtains of night come, you will hear and women up there in the Halls of Here we are with the same thing. something rustling in the leaves and Congress, they are elected, and they Here we have this administration you will hear a limb crack and a twig have to go back at times and answer to wanting to turn hands down on the break. By golly, there are animals out

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.083 S12PT1 S8546 CONGRESSIONAL RECORD — SENATE September 12, 2002 in that forest. At some point, they all Englishmen fought for centuries in What authority does he have? Does have to come to the waterholes, don’t order to win that battle over the power he have authority over these people, they? The birds, the bees, and the ani- of the purse. They knew that in 1688— these men and women who are in Cabi- mals on four legs—don’t they have to let me go back to 1649 for just a net positions, who have stood before come to the waterhole at some point? minute. I was earlier talking about the the bar of the Senate and been con- Well, the Appropriations Committee is war between King Charles I, who be- firmed to their positions? the waterhole. At some point, these lieved in the divine right of Kings, and Would the Cabinet officers follow orders people down at the other end of the av- his father, James I of Scotland, was from anyone other than the President him- enue also have to come to the also a devotee of the idea that the King self? Could a senior White House aide resolve waterhole. was God’s immediate representative on long-time department rivalries? I know the President is Commander Earth. So they believed in what is How about that? We know there have in Chief, whether he is a Democrat or a called ‘‘divine right of Kings.’’ James I always been Department rivalries Republican. It is so stated by this Con- was a very strong devotee of that idea. going back to the early days of this Re- stitution, which I hold in my hand. But His son, Charles I, was as much a dev- public. Would this senior White House the Commander in Chief, the President, otee of that misguided idea—maybe aide, who does not have to come before shall be the commander in chief of the more so—than James. But Charles I Congress and answer questions about Army and the Navy and the militia carried it a little bit too far. The High his own budget, would these Depart- when called into service to the coun- Court of Justice was created January 3, ment heads, these Cabinet officers who try. But suppose Congress doesn’t pro- 1649; and on January 30—less than a do come before the Congress and they vide an Army and Navy for the Presi- month later—Charles I lost his head have been confirmed by Congress—they dent to command? Yes, he is the Com- before perhaps 200,000 people. come here about their budgets—would mander in Chief. What followed that, in quick meas- they be brought into line by this up- Charles I of England, in 1639, I be- ure, was the Commons outlawed the start, this fellow who is here? lieve, was the first to use that term, Lords. There would be no more King, I know he is here by the grace of the ‘‘commander in chief.’’ That goes back no more House of Lords. President, but could a senior White a long ways, to 1639. So our forefathers knew all about House aide resolve long-time Depart- But in 1649, Charles I lost his head. this. They knew how Englishmen had ment rivalries such as those between His head was severed from his body. shed their blood to wrest from tyran- the CIA and the FBI? We have heard That was Charles I of England. Some nical monarchs the power of the purse about that, haven’t we? Senators may have forgotten it, but because the power of the purse is the Can this White House aide crack the the Parliament and the King of Eng- greatest raw power that there is in whip, and these heads of agencies, such land had a war. There was a war be- government. as the CIA and FBI, will they jump to tween the King and Parliament. Can Cicero, that great Roman orator said, attention, salute, and say, yes, sir; yes, you imagine a war in this country be- ‘‘There is no fortress so strong that sir; no, sir; yes, sir? Could the senior tween the President of the United money cannot take it.’’ So there you White House aide resolve long-time De- States and Congress? That is the way it have it. The Englishmen knew that. partment rivalries like those between was in England. Our forebears knew that. So the men the CIA and the FBI, or Treasury and You can change history all you want who wrote the Constitution knew that. Justice, law enforcement responsibil- and you can talk about political cor- And they knew that this right that ities? elected representatives of the people rectness all you want, but the people Could this White House aide get the Border who wrote this Constitution were Brit- have control over the public purse had Patrol, the Immigration and Naturalization ish subjects. Some had been born over- been set as an example back in the Service, and Customs operating like they all seas. Alexander Hamilton, James Wil- British Isles from which they—most of belong in the same Government? son, and several of them were first im- them or their forebears—had lately What authority does he have? He is migrant descendants. There was come. just the President’s man; that is it. He Franklin and there were others, and I So there you have it. That is history. does not have any statutory authority. believe James Morris may have been There is more to it than that, but that He is not confirmed by the Senate. How born in England. In any event, these is just a little of it. would you feel, Mr. President, if you were British subjects. Some were Irish- (Mr. DAYTON assumed the Chair.) Mr. BYRD. Mr. President, going back were a Cabinet officer in this adminis- men, some were Scots, but they were to Mr. Dean’s column—as I say, he tration, and you had someone who was British. You can say all you want, and wrote it back in April of this year—he not a Cabinet officer, who had not been political correctness is not going to expressed concerns about entrusting confirmed by the Senate, a new man on change that. This Constitution was responsibilities, such as coordinating the job, a new office on the street; it is written by men—not women. In that homeland security, to a White House a brandnew office. It is a new office, day they did not have women elected aide with no statutory authority. what will be a new Department. But as delegates to the convention, but John Dean raised a number of impor- this fellow down here who really runs there were the men, British subjects. tant questions which I will now ask the things does not have to go up before They knew about the history of Eng- Senate. I quote John Dean: Congress. Here I am, a poor old Cabinet lishmen. They knew about the strug- Would the departments and agencies fall officer, and I lie awake at night wor- gles of Englishmen. They knew about into line when a senior White House aide so rying about how I will answer these the Magna Carta, which was wrung directed them? questions when I am called up before from a despot in 1215, along the banks How about it? We are talking about that committee tomorrow and all those of the Thames River. On June 15, 1215, just an aide. He has not been confirmed klieg lights will be on me, and they they knew about that. They knew that by the Senate. How about the Secre- will ask me questions about money, the barons stood there with their taries of the Departments who have how I have been spending it all. Here I swords in their scabbards. They knew been confirmed, who come before the have to go up there tomorrow. This that Englishmen, going back for many Congress, who come before congres- man does not have to go up. All he has years under the Anglo Saxons, after sional committees and answer ques- to do is go up to the ‘‘Commander in William of Normandy came to England tions and give testimony and are wit- Chief.’’ in 1066 and brought feudalism to Eng- nesses? Would those senior White By the way, the Commander in land, they knew the Englishmen had House aides fall into line when this up- Chief—let me read from this book so fought and shed their blood for the con- start, who has not been confirmed by people will know this is bona fide. If I cept that the people should be rep- anybody, except the President ap- had to, I could say it from memory. resented by elected representatives in pointed him to this position—he is a Here is the Commander in Chief. He is the Commons. They knew—those men White House aide—are those Depart- not the Commander in Chief of indus- who shed their blood—the power of the ment heads going to stand and salute try. purse would be vested in the Commons, when Tom Ridge tells them to fall into The President shall be Commander in Chief in Parliament. line? How about that? of the Army and Navy of the United States,

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.085 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8547 and of the Militia of the several States, when Well, that is all right. Let’s have a way it will be if the Congress puts its called into the actual Service of the United vote at some point; let’s not just say rubber stamp on this legislation and States. . . . roll over and play dead. It is far more goes forward with the administration’s But he is not the Commander in important for us to stand for what we desire of being able to appoint this ad- Chief of industry. He is not the Com- can look back on 10 years from now viser to the President in this very un- mander in Chief of the Congress. But and say we did the right thing, we were tried, really untested up until the last here I am, a Cabinet officer, and I have right, than just for a day to say, well, 8 or 10 or 12 months, position. That to go up there and listen to those peo- we will avoid this fight, they have the man has not been confirmed by the ple up there. I have to go up there and votes, and let’s go on. Senate. He has not answered questions sit at a table, way past the lunch hour, That is not enough. Let us make the for his confirmation, does not have to and listen to those Senators, be criti- case for confirmation, and if we go go up to the Senate and the House and cized by them. And here is this man. down to defeat, the record will be answer questions before the Appropria- He is not confirmed by anybody. He there. And later, when the pages of his- tions Committees. He does not have to just stands at the Commander in tory are turned one by one and we can answer questions from any other com- Chief’s desk and salutes and says: Yes, then look back on the mistakes that mittees. He is the President’s man. sir; no, sir; not my will but thine be may have flowed from that very act of Have you read about all the King’s done. having an individual in that position, men? Well, this is not quite a mon- I do not believe a man or a woman not confirmed by the Senate of the archy yet, although I am afraid there who is thrust into that kind of a posi- United States, we will know that we are some Members of both Houses, I am tion is going to relish being in that po- stood for the right; we stood for what sorry to say, who, by my perceptions at sition because he does not have any was best for our children and grand- least, would be monarchists. They will statutory authority behind him. It children. do anything the President says should would seem to me a person in that po- This job is too important to be left to be done, and they will do it in the sition would want statutory authority Tom Ridge alone. I do not say that name of his being the Commander in behind him; get the statute behind with any disrespect to Tom Ridge. I Chief. him. He would want to be confirmed. could not speak of him with disrespect Well, the Commander in Chief of Yes, he then has the authority, the au- if I wanted to. The man was a Gov- what? The Army and the Navy and the thority of the legislative branch, as ernor; he was a Member of the House of militia when it is called into service. well as his own appointment by the Representatives in earlier days. He is a But suppose Congress does not call the Chief Executive, behind him. respectable man. So I do not speak of militia into service? That is done by The next question: him as a person; I speak of him as an statute. It has been on the statute Could an aide, such as the homeland secu- books a long time. The Congress calls rity director, get the Border Patrol, Immi- officer who will be in a key position for gration and Naturalization Service, and Cus- the first time in over 200 years, an un- the Guard into service. It passes the toms operating like they all belong in the tried position, an untried office, in laws. Who creates the Navy and the same Government? times that are trying but not yet tried Army? Look in article I, section 8, and I have been quoting Mr. John Dean. really. This job is too important. you will find out who. Congress shall Mr. President, Mr. Dean concluded So if you want to beat me, beat me. have power. Who provides the money to that homeland security is too impor- Go ahead. Roll over me. I will not get keep these agencies running? Our tant an issue for a Nixon-style execu- on your wagon. This is a principle, and English forbears said: We will appro- tive leadership. I think a lot of people, if they listen to priate money for an army, but just for Here is a man who was in the Nixon me and hear what is being said and if a year at a time. In our Constitution, administration, the counsel to Presi- they will study this bill, sooner or we took a leaflet out of our English dent Nixon, John Dean. Mr. Dean con- later they are going to come around to forbears at the time and said 2 years at cluded that homeland security was too my viewpoint. I think the American a time, not more than 2 years. This important an issue for a Nixon-style people, if they heard it, would say: Sen- Constitution still governs. I have not executive leadership and that congres- ator, you are right; this position is too heard much about it in recent days. sional oversight and the collective wis- important to be left to Tom Ridge I listened last Sunday to all the talk- dom of Congress are essential in deal- alone, too important to be left to a ing heads and everybody on certain ing with a threat of such magnitude. President to appoint, and that ends it. programs because I saw in the news- I agree. Why do we have to fuss and I know the President is elected, but paper that some pretty important peo- fume and fight over whether or not this an electoral college sends him here, an ple were going to be on television. I person should be confirmed? The Presi- electoral college sends Vice President saw that the Vice President was going dent ought to say: Okay, let’s get on CHENEY here, but no electoral college to be on, Secretary of State Powell was with it; let’s confirm him. I will name sends me here. The Senator from the going to be on, Secretary of Defense the person, and, with the advice and great State of Minnesota, who is now Rumsfeld was going to be on, and Na- consent of the Senate, he will serve. presiding—by the way, one of his an- tional Security Adviser Condoleezza What is wrong with that? That has cestors was a signer of the Declaration Rice was going to be on. I thought I been the case for over 200 years. Some of Independence. He signed from the had better listen to all of these people. Presidents have suffered defeat when it State of New Jersey. His name was So I did. I listened to them. I listened came to their nominees. I can think of Jonathan Dayton, and Senator DAYTON to every one of them. Not once, and not John Tyler, especially when he was of Minnesota today sits in the chair. So once in all of the debate I have been fuming and fussing around with the we were sent here by the people. hearing around here and downtown and Whig leaders in the Congress. What is We cannot rely on a confidential ad- at the U.N. and everywhere else, not so bad about that? After all, I would viser to the President to orchestrate once have I ever heard the Constitution welcome that. Let him be confirmed by Federal homeland security policy uni- of the United States mentioned. Now, the Senators. That will give him more laterally and in secret. What is going it may have been on one of those Sun- authority. It makes him more bona on here? What is this all about? Why day programs. I may have missed it fide in the eyes of the people. He would the stiff jaws down at the other end of somehow, but not once did I hear the stand before the American people with the avenue against having this man word ‘‘Constitution’’ mentioned. more authority. What is so bad about come up and testify? He knows the an- These smart lawyers down at the that? That is not anything damaging swers. That is why Senator TED STE- White House—and they are smart; I to the President. Requiring a person to VENS and I wanted him up before the studied law, never with any intention be confirmed is not demeaning to the Appropriations Committee—because he of being a lawyer. I probably wouldn’t President. So why should we Demo- knows the answers. He is the Presi- have been a good one anyhow. But in crats be willing to roll over and play dent’s point man on homeland secu- any event, these smart lawyers down dead on it? rity. That is the way it will be. at the White House say the President They say: Oh, they have the votes on I do not mean to drag over the old has legal authority to unilaterally de- the other side. ashes all the time, but that is the same liver an unprovoked attack against

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.097 S12PT1 S8548 CONGRESSIONAL RECORD — SENATE September 12, 2002 Iraq as a sovereign State. I have as gress. He may not have time to get an erybody knew about it, and not one, much fear and as much concern and as authorizing measure from Congress. He not a peep did we hear against that much contempt for Saddam Hussein as may have to act. In that case, this Con- provision here in the Senate. It passed does any other man or woman. But it stitution gives him that inherent au- the Senate and went to conference. takes more than just legal authority. thority. Then the administration saw the These smart lawyers can line up on We are talking about an unprovoked handwriting on the wall. They must either side. You can hire a good lawyer attack by this country, an unprovoked have been reading about Belshazzar in on either side. You can hire a good law- attack upon a sovereign state. It does the Book of Daniel. yer to take this side of the case over not make any difference if we do not Belshazzar had a great party, a great here or you can hire that same good like the person who is the head of that dinner thrown. And he had his sooth- lawyer for this side of the case. A State or who is running it or who is a sayers and his lords and his highfalutin smart lawyer can come in with an al- dictator, of course. The fact we do not officers and all. Belshazzar, King. He most impenetrable case. like him is not enough. Congress shall was having all this mirth. He invited a But that is not the point. The Con- have the power to declare war. We are thousand of his lords. This was a great stitution is there. The Constitution is going to talk about that a while. function there on the banks of the Eu- there. I hold a copy of that Constitu- I noticed a column in one of the great phrates River. tion in my hand. It is, other than the newspapers this morning which vir- All the mirth was going on. Every- Bible, my guiding light, this Constitu- tually had our minds made up for us. body was laughing, drinking, toasting, tion. Constitutional scholars in this We are just going to go. We are going feasting. And all at once, there, over land agree with me. Just legal author- to do this. near the candlestick, appeared a man’s ity is not enough. It is the Constitu- Incidentally, I will have more to say hand, and that man’s hand wrote some- tion. It is there. It is always there on that subject at another time. thing on the wall near the candlestick. morning, noon, afternoon, night. The This job we are talking about is too And Belshazzar, the great King, won- Constitution is always there. But not important to be left to Tom Ridge dered what it was, and he became ob- once, not once was this Constitution alone. It is too important to be left to sessed with fear, and his knees buckled, mentioned on any of the networks that Tom or Dick or Harry alone. We cannot and his hand trembled, and he brought I listened to last Sunday in the discus- rely on a confidential adviser to the forth his magicians, his medicine men, sions about a possible war into which President to orchestrate Federal home- and his soothsayers, and he asked this country was being—at least in land security policy unilaterally and in them: What is that saying? What are some quarters—stampeded into. We secret—in secret. This administration those words over there? were going to war. We were going to be wants to act in secret too much. The And somebody said: Well, we can’t in a war. Our collective minds at the Government’s fight against terrorism answer this. We don’t know what those head of Mount Olympus had been made is bigger than a Department of Home- words are. But there is a man, a young up already. The President had the legal land Security. Isn’t it? They want to man, who can interpret these words for authority. fight over this little fellow—he is not you, O King, and his name is Daniel. He Legal authority, my foot. It is the just a little fellow once he is down is in prison. I believe he was still in Constitution we are talking about. The there behind that desk—but they want prison. They said: This young man can Constitution says the Congress shall to wage a big fight against terrorism, interpret these words. have power to declare war. I know that and it is a fight that is bigger than the The King said: Bring him to me. And only five wars have been declared, but Department of Homeland Security and the King said to Daniel—I hope I am that Constitution is still there. And it is too big for Tom Ridge or any other not getting two of my Biblical stories there are at least six other wars to Tom, Dick, or Harry. crossed up. It is late in the day. I which statutes have been passed by He needs the authority of the legisla- hadn’t counted on saying this. But I be- Congress, dependent upon as authority. tive branch behind him. In accordance lieve the King promised Daniel that he What has happened to us all when we with the Constitution, the President would have half the kingdom if he just go forward blindly without looking shall appoint thus and so by and with could interpret this dream. He would to the left or the right, saying we will the consent of the President. be clothed in the richest of garb and be go to war. We will change this regime. His position ought to be made subject made ruler of half the kingdom. We will do it, I will do it, or it will be to the confirmation of the Senate. Anyhow, Daniel said: These are the done. My Appropriations Committee words, O King: How about those 535 Members who sit brought an appropriations bill to the MENE, MENE, TEKEL, UPHARSIN. up there on Jenkins Hill? How about floor. This bill was the fiscal year 2002 Meaning this: them? They have certificates showing supplemental that was brought before Thou art weighed in the balances, and art that they were duly elected by the peo- the Senate in the early part of the found wanting. ple—not by an electoral college but year, sometime around June or July. Thy kingdom is divided, and given to the they were sent here by the people. Are In that bill, as reported by the Senate Medes and Persians. we going to disregard them? And these Appropriations Committee, made up of That is not the entire interpretation, people who sit up here on Jenkins Hill 29 Senators, 15 Democrats and 14 Re- but that is most of it. ought to read this Constitution again. publicans, that bill had a provision MENE, MENE, TEKEL, UPHARSIN. Thou Many of them have, I am sure. But let that provided that the Director of art weighed in the balances and are found us not disregard this Constitution. Homeland Security must be someone wanting. Thy kingdom is divided, and given The President has legal authority to confirmed by the Senate of the United to the Medes and Persians. do this and do that. When it comes to States. That was in the bill. And that night, Belshazzar was slain war, this Constitution says the Con- It was brought here before this body, and his kingdom was divided. gress shall declare war. We can talk a and it passed the Senate by a huge Why have I told this story? I told the long time about this subject, too, and margin. I think there were more than story about Belshazzar, the hand- probably will. As far as I am concerned, 70 votes cast for that appropriations writing on the wall. This administra- we will, if the Lord lets me live. bill. That provision was in it. Senators tion saw the handwriting on the wall. Legal authority: We have an organic knew it was in it because we brought it Here was this appropriations bill com- law that says Congress shall declare up in the Appropriations Committee of ing right down the road like a Mack war. I know the President has inherent the Senate. It was there. There was truck, and it had in it the language to authority and that it comes from this never any attempt to strike it. There the effect that the Director of Home- Constitution, too—inherent authority was no attempt to amend it. In that land Security would be appointed by to act to repel a sudden attack upon provision all Senators knew, they had the President with the advice and con- this country or upon its military their eyes open, they didn’t have blind- sent of the Senate. forces. He may not have time to talk ers on, and it wasn’t something done in The administration saw that coming, with Congress. He may not have time secret. It was right there in the bill, and it was coming like a Mack truck. to get a declaration of war from Con- and we had it in the Senate here, ev- So the administration, as it sometimes

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.100 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8549 does—and I don’t blame it for doing doesn’t require her to come up. Why defend the Constitution against all en- it—decided it would try to get ahead of should they require Tom Ridge to come emies, foreign and domestic. I am not this wave that was coming. The admin- up? saying there are enemies in this body istration, lo and behold, came up with What kind of an argument is that? or in this country. No. I am not saying this grand idea of having this home- Where would that get you in law that at all. But there are some people land security agency, and this was all school? Where would that get you in who are willing to go the easy way and cooked up and hatched down at the moot court? What kind of a lawyer is take the line of least resistance on that White House, down there in the sub- that? I would hate to have been that Constitution. Oh, that Constitution is terranean caverns. kind of a student down at American an old piece of paper. Those men back I don’t think it would matter if elec- University and gone up before Dean there in 1787 didn’t have any tele- tricity were cut off. If there had been a Myers in moot court and said: Well, I phones. The telephone didn’t come big storm and all the electricity cut will tell you now, Dean. Condoleezza along until 1875. No. Those people back off, it wouldn’t have mattered because Rice, the National Security Adviser, there at the time the Constitution was they probably had lanterns, candles, doesn’t have to. Congress doesn’t re- written didn’t have the incandescent down in those subterranean, dark cav- quire her to come up there before them light. No. That just came along in 1878. erns where shadows can be seen flitting and be confirmed. So why would we say No. Back in those days, they didn’t around—shadows in the cave. That that the head of the Homeland Secu- have automobiles. They had horses and brings up another story, but I won’t rity Department has to come up there? buggies. They pulled the shades and tell it right now. What an argument. What kind of law- drew the blinds so they couldn’t hear In any event, here these people were, yer would make that argument? Yet the wagons out there on the streets. and they saw this Mack truck coming Senators are willing to roll over and The automobile didn’t come along down the road, this bill that had been play dead with that argument. They until 1887 or 1888. They couldn’t tell passed by the Senate, an appropria- don’t require Condoleezza Rice to come what was going on outside the place. tions bill saying that we are going to up? They did not have the cell phones. have the homeland security man an- Is that a case winner? My word, what They didn’t have radios. They didn’t swer to those Senators up there. kind of high-priced lawyer is that? have television sets, and radios didn’t You see, we had invited him, TED Would that have won the case for Wil- come along until the turn of the cen- STEVENS and I invited him time and liam Jennings Bryan in Tennessee? tury. time again. He wouldn’t come. We had That great lawyer, that great orator, is There was Marconi, and wireless tele- written to the President of the United the man who argued the case in the graph didn’t come along until 1848. The States, thinking: Well, he will hear us, John T. Scopes trial, and his opponent. steam engine was invented back in he will listen to us. He is a man who That was a real case. I don’t think they 1869. That was just a few years before said he wanted to change the tone in would have won the case just to say: the convention met. You couldn’t ex- Washington. He will hear us: Mr. Presi- Well, this fellow over here, say what pect those people back then to write a dent, please let us come down and visit you want to him about him. But over constitution that would endure for the with you, and let us make our case for here, we don’t require this person to go ages. You can’t expect that. the Director of Homeland Security up there and be confirmed. So, let’s get The Constitution? What do you coming before the Senate Appropria- home early for supper. We don’t want mean, Senator BYRD? The Constitu- tions Committee. to argue about that. They have the tion? Not a word did the President say, by votes. Let us just give it to them. They Well, the Constitution was written in telephone or by pen—not one. No. The have the votes. Why not give it to 1787. There were not any women there. President was going to change the them? The youngest person there, I believe, tone. But here he wouldn’t let this man I am talking about William Jennings was Johnathan Dayton. He may have come up. Why not? Bryan in the John T. Scopes trial. That been the youngest person there. Ben- So here is this bill coming down here is not quite enough of a case, I don’t jamin Franklin was 81. They did not have television. Tele- saying: Yes, he will come. He will have believe, to be persuasive. It might be vision didn’t come along until 1926. We to be confirmed by the Senate or he persuasive among good lawyers, but it are the bright ones. We are the people won’t be the man in that position. is not quite persuasive among Sen- who should have written the Constitu- So the administration got busy and ators. tion in our age. We have the radio, and said: OK, we will get ahead of that The Government’s fight against ter- all of these things. wave. And here came the President, rorism is bigger than a Department of I know that Isaiah, of course, proph- come out with this and he unveiled this Homeland Security, and it is too big, I esied that certain things would happen. beautiful new toy. And, by the way, it say to Tom Ridge, or Tom, Dick, and Isaiah said: Make straight the desert just swept over the country, the media Harry—nothing derogatory about the highway for our God. Every valley grabbed onto it, and here we are now. person. Oh, no, you are not going to shall be exalted, and every mountain We have this bill up before the Senate. hang me with that. I don’t mean that. and hill shall be laid low. The crooked So the administration saw the hand- But it is too important to the Amer- shall be made straight, and the rough writing on the wall and got ahead of ican people to have just an aide to the places low. The glory of the Lord shall the truck. President doing it. be revealed, and all flesh shall see it But it is still the same question be- Only an office that can act with the together. fore the Senate. Are we going to have authority of both the White House and But Isaiah? That was a long time this important position be filled by the Congress can realistically guar- ago. Back in those days, how could he someone who will come up before the antee that homeland security policy have foreseen? But he did. Senate, the committees in the Senate will be fully implemented in the far- Take these marvelous inventions I and the committees of the House and thest corners of the Federal Govern- have been talking about—the tele- answer questions about the budget? So ment. phone, the radio, television, the cable let us see that he does that, and we will That is a sound statement. It is based under the oceans, the jet-propelled make sure of that by making him con- on specifics, and it is based on logic. It plane, the automobile—they have ex- firmable by the Senate. is based on common sense. I don’t have alted the valleys, have laid low the Oh, no. Now, that is going too far, much of it anymore. I get tired early. mountains and the hills, have made the says the administration and some of I am quite tired now. My voice is get- rough places plain, have made a my friends on this side of the aisle and ting faint, and my hands tremble and straight line in the desert. on that side of the aisle. They are per- my hair is white. But I still believe the Isaiah’s predictions have come true. fectly willing out here today to accede people back in West Virginia sent me And the glory of the Lord has been to that and not contest that any here to represent them to my best abil- preached in all corners of the Earth, on longer. After all, Condoleezza Rice ity. I swore when I came here, before every continent and every corner of the doesn’t come up there. She is the Na- God and man, standing up before that globe. The glory of the Lord has been tional Security Adviser. The Congress desk there, that I would support and revealed.

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.103 S12PT1 S8550 CONGRESSIONAL RECORD — SENATE September 12, 2002 Those people weren’t old fogies. Isa- oaths. But we just lightly cast this one woman, what would they have iah knew what he was talking about. Constitution aside: This is an old piece said? Would they have said: ‘‘Let’s go Here were the Kings with all of these of paper. Ha, that thing was written in home to supper early. Let’s just give it marvelous inventions. 1787, and it was ratified by the few to them. They have the votes’’? No, not When Nathaniel Gorham and Rufus States that made up this people, as we those Senators; not Styles Bridges; not King and John Langdon and Roger have it. It only needed to be ratified by Senator Hickenlooper; not Senator Sherman and George Read and Ben- nine States. That was long before our BENNETT of Utah; not Senator Javits of jamin Franklin and Robert Morris and time. We are much smarter than they New York; not George Aiken of Gouverneur Morris and Elbridge Gerry were then. We know more now than Vermont; not Mike Mansfield of Mon- were up there working, they did not they knew then. We are experienced. tana; not Richard B. Russell of Georgia have all these wonderful inventions; We are living in the real world. The who sat at this desk; not Willis Robert- and they met behind closed doors. They Constitution was for yesterday. The son of Virginia; not Harry Byrd, Sr., of didn’t let anybody know what was Constitution was for yesteryear. The Virginia; not Senator O’Mahoney of going on. And they wrote that little Constitution was for the 18th century. Wyoming; not Stuart Symington of old book they called the Constitution It was all right, still, in the 19th cen- Missouri; not John McClellan of Ar- of the United States. tury. And for the first half of the 20th kansas; not William Fulbright of Ar- By the way, this book contains both century it was probably all right. But kansas; not Everett Dirksen of Illinois, the Constitution and the Declaration these are different times. who wanted the marigold the national of Independence. It certainly isn’t very Is that what John Marshall said? Tell flower; not STROM THURMOND of South much, is it? These smart lawyers say that to John Marshall. I will tell you, Carolina, who sat on this side of the that the President has legal authority. folks, the thing is much deeper than aisle, my side; not Olin D. Johnston of And these smart lawyers had to go this. Senators have not seen, really, South Carolina; not Samuel Ervin of through—what?—was it 4 years or 3 what events will flow—and I have not, North Carolina; not Norris Cotton of years or 2 years, or whatever, to get either—from our creation of this De- New Hampshire; no, not those men and that law degree? I had to go 10 years to partment. And I want to create a De- that lady who wrote her declaration of get mine. And I read far more books partment. But from an unconfirmed Di- conscience as she sat at that desk, than this little book. It took a long rector, a Director that is unconfirmed Margaret Chase Smith. time. I had to burn a lot of midnight by the Senate, they will look back and Those Senators on both sides of the oil to get my law degree. say: ROBERT BYRD, for once, was right. aisle would have had none of this. They Yes, these smart lawyers can say: Oh, And maybe just for once. Or some may wouldn’t have stood still for that kind the President has legal authority. But be a little more lenient and liberal of halter to be placed over their heads, this is what counts in the final anal- than that and say: Well, I have known for that kind of noose to be placed ysis, the Constitution. a couple times he was right; but he was around their necks. They would not Yes, I listened to all those programs right. And those men who wrote the have stood for that. last Sunday. There was the Vice Presi- Constitution were right. They were dent of the United States. There was writing a constitution that would pro- We have great Senators today. I have Condoleezza Rice. There was the Sec- tect the common people, the people of always thought, as I have looked back retary of Defense. There was the Sec- this country, against tyranny, against and I have thought about the Senators retary of State. And there were others unlimited power. They were protecting we have today, how intellectually ad- there. And not one time did any one of the liberties of the people. vanced they are. They are really smart. them ever mention the Constitution of There was no Democratic Party, And a lot of their hearts are in the the United States. there was no Republican Party when right place. But something happened to They are all saying: The President those men, those 39 signers of the Con- the Senate. It is too partisan anymore. has authority. Congress has already stitution of the United States, sat It is guided too much by partisan poli- authorized them. It authorized them in down on September 17, 1787, and wrote tics. the 1991 resolution. It authorized them their names on the dotted line. But back to the question at hand. in the resolution last year. And he also Old Benjamin Franklin said: ‘‘We There have been a lot of changes in the has the robes of Commander in Chief shall all hang separately or we shall White House, too. I don’t believe that wrapped around him. Oh, he has all the hang together.’’ They pledged their for- Dwight D. Eisenhower would have authority he needs. tunes, their lives—think of that—their wanted to see this. Dwight D. Eisen- No, he doesn’t. This says: Congress sacred honor. hower was a President who prayed him- shall have the power to declare war. The men who signed this Declaration self. He prayed in his first inaugural Now, you may argue all you want, but of Independence were committing trea- address. The President of the United I took an oath. And I have taken it son—treason—when they signed that States, Dwight Eisenhower, spoke the many times. I have stood at the desk Declaration of Independence. They prayer and asked for divine guidance. up there, and I put my hand on the could have been taken to England, George Washington, the greatest of Holy Bible, the King James version, tried, and hanged, or gone to the guil- all, he said, no, I can’t do this. This is which was published in 1611. And I have lotine, like Charles I. It may not have something that Congress will have to sworn before God and man to support been a guillotine, but it was certainly decide, when it came to using the mili- and defend this, the Constitution of the an accurate axman. tary. United States, against all enemies, for- But they wrote this Constitution to eign and domestic. Here it is in my create limited government, divided Well, those days are gone. I say again hand. government, with tensions separating that only an office that has the author- Have we grown so far, have we grown the various Departments. Yes, they ity of both the White House and the so big, have we come so far, have we were written on parchment, these bar- Congress can act in a way that will re- gained so much power, so much wis- riers to tyranny, to power. And there alistically guarantee that homeland se- dom, so much judgment, so much au- had to be jealousy among those three curity policy will be fully implemented thority, that we can just nonchalantly Departments. It was thought they in the farthest corners of the Federal push aside this dear old book that would defend the prerogatives of that Government. That man who sits down holds the Constitution of the United Department against the encroachments there in the White House, who will be States? No. I took that oath. It was a of another Department. That was the the new Homeland Security Director, serious oath. Every Senator in this way it was meant to be. needs the authority of the Senate be- body has taken that oath. Every Sen- And when I came here to this Senate, hind him. He needs the constitutional ator in this body has taken that oath. there were men and one woman, Mar- authority of the confirmation by the It is not to be taken lightly. garet Chase Smith, who sat right over Senate behind him. Someday we will talk about the oath there, where my hand is pointing to Then he can go out and speak to the and how the ancient Romans revered that desk over there in the front row American people with the knowledge their oath, the oath they took, the on the Republican side. Those men and that he has the authority—not just the

VerDate Sep 04 2002 03:44 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.105 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8551 authority of someone who has been cre- allow the Director to act independ- come over and hear this. I am trying to ated by an Executive order but some- ently, we will require him to do so. get their attention. Three and a half one whose position has been created by How about that? pages in 2 hours 15 minutes. the Congress of the United States, and The Director will have to follow up Mr. President, while I am speaking, he himself, as the person, has been con- on the implementation of homeland se- it reminds me of Cicero, who was asked firmed by the Senate of the United curity strategy, because he will have to the question: ‘‘Which of Demosthenes’ States. answer to Congress if he doesn’t. Also, speeches do you like best?’’ Cicero an- I should think that he would be by requiring Senate confirmation of swered: ‘‘The longest.’’ That is how viewed by the American people, if they this new Director of the National Of- good Demosthenes was. stop and think, as having more real au- fice for Combating Terrorism, Congress Mr. REID. Will the Senator yield for thority if he is confirmed by the Sen- will ensure that its concerns over the a question? ate of the United States. I have a feel- implementation of homeland security Mr. BYRD. Is it a question the Sen- ing that his colleagues would look strategy will not be subordinated to ator thinks I might be able to answer? upon him as somebody who is an equal the political agenda of the White Mr. REID. Easy. over them. He had to go before the Sen- House. Even when the President’s ad- Mr. BYRD. Then, yes, always. ate and answer the questions of Sen- visers want to conceal agency mis- Mr. REID. Is the Senator aware he ators and committees, and he had to be management or shift public focus to- has spoken 2 hours 15 minutes just this confirmed. He had to be reported favor- ward a war with Iraq, Congress can last round? Prior to that, he spoke for ably by the committee in the Senate, make sure that the Director’s job is an hour. So this is actually 3 hours 15 and he had to stand before the bar of getting done because Congress can ask minutes, other than the short quorum judgment, as it were, and be confirmed him directly and say: All right, Mr. Di- call after which I requested that the by the votes of the Senators. Not only rector, we want to know about your Senator have the floor. So, actually, it was he appointed by the top Executive stewardship. has been closer to 3 hours 15 minutes. order of the land, but he was confirmed We are all going to have to answer Is the Senator aware of that? by the top legislative authority in the for our stewardship—we Senators, who Mr. BYRD. I wasn’t really aware of land, the legislative branch, meaning are viewed with contempt by many of the passage of time. Along that line, the Senate in this instance, according the people in the administration, who may I say, let me see if I can quote a to the Constitution. have to be confirmed by Senators. We little verse by someone else: By giving the new Director statutory Senators have to answer for our stew- The clock of life is wound but once, authorities, statutory responsibilities, ardship. I have answered for my stew- And no man has the power to know just we will ensure that he will have inde- ardship many times over a political ca- when the hand will strike, at late or pendent authority to act from within reer of 56 years now, in all legislative early hour. the White House, without having to branches of government, both at the Now is all the time we have, so live, love, compete with other advisers to secure State level in both houses, and in both and work with a will. the President’s support for his coordi- Houses at the Federal level. I have had Take no thought of tomorrow, for the clock may then be still. nation efforts. If he is not required to to answer for my stewardship. I have to be confirmed by the Senate, he will go back every now and then and say: Mr. REID. May the Senator ask an- have to compete with other advisers Here is my name. I want to put it up other question? who don’t have to be confirmed by the again. Here is my filing fee. I want to Mr. BYRD. Yes. Senate, other staff people who don’t stand for office again. I have to answer Mr. REID. Is the Senator aware that have to be confirmed by the Senate. for my stewardship, and so would the the majority leader has authorized me He will have to compete with many Director of Homeland Security have to to announce that there will be no more others who require confirmation. He answer to the people’s Representatives rollcall votes today? will have to compete with them to se- for his stewardship in that office. Mr. BYRD. I am not aware of that. cure the President’s support for his co- Oh, no, no, he is the President’s staff That might change my outlook. ordination efforts because his coordi- man. He is the President’s adviser. Mr. REID. That is what I was think- nation efforts, as they are carried out, Well, he is an important adviser, and ing might be the case. are going to cut across a lot of lines of he certainly is an important staff man. Mr. BYRD. That might send me home authority. They are going to cut across He is above the grade level of ordinary to my dear wife of 65 years and 3 lines of authority that run between and staff people, ordinary advisers. He months and 14 days. among two or more agencies, many should be confirmed. Mr. REID. May I ask one other ques- agencies of the Government. So we will not only allow the Direc- tion. It would also send me home to my He is going to have to cut through tor to act independently, we will re- wife. We were married 43 years ago that redtape. He is going to have to cut quire him to do so. The Director will today, September 12. So it is my anni- through it. What authority does he have to follow up on the implementa- versary today. But I don’t want the have? He is the President’s staff man. tion of homeland security strategy be- Senator to feel any compulsion that I He is the President’s adviser. Who is cause he will have to answer to Con- should get home early. the President’s adviser? Did he ever go gress if he doesn’t. Mr. BYRD. I really feel guilty in de- before the people’s elected representa- I have only read three and a half taining the distinguished Senator, the tives in the Senate and get their con- pages thus far. I am a slow reader. How very able Senator, my friend. He is one firmation? No. did I ever get through that? Talk about I have admired all the time I have Well, some of his competition does poor readers, my goodness. I have only known him. I am sorry I have detained have to go before those Senators, his read three and a half pages, and I have him on his wedding anniversary. I wish competitors. been talking—how long have I been the Senator would have let me know Its competitors will be other Depart- talking, may I ask the clerk through that a little earlier. ment heads—men and women who have the Chair? Mr. REID. If I may say one more had to come before the Senate Com- The PRESIDING OFFICER (Mr. thing. I was looking for an oppor- mittee to be confirmed by the whole WELLSTONE). The Senator has been tunity. In fact, I suggested it, but they Senate. He has to compete with them. speaking for 2 hours 15 minutes. said it would be very unsenatorial. I But his confirmation would ensure that Mr. BYRD. My lands, that is a lot of was considering waving a white flag be- he would have independent authority time. Was it 2 hours and a half? cause they surrendered some time ago to act from within the White House. He The PRESIDING OFFICER. The Sen- and indicated that they had left. There has the authority, the stamp of ap- ator from West Virginia has been was going to be a motion to table made proval not just of the President but, speaking for 2 hours 15 minutes. when the Senator decided to sit down, more importantly, the stamp of ap- Mr. BYRD. And I have just read three but there was a decision made that proval of the people of the United and a half pages. I am a slow reader. I maybe that might take a long time. So States through their elected Rep- had a feeling that Senators just wanted they decided to go home some time resentatives. In fact, we will not only me to keep on. They don’t want to ago. I indicated it would be very

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.109 S12PT1 S8552 CONGRESSIONAL RECORD — SENATE September 12, 2002 unsenatorial to wave a white flag in say the President of the United morrow, one on the judge and one on the Senate, so I thought this would be States—who happened to be Richard the Dodd amendment. a better way of telling you there is Nixon at the time—had a duty to do Before signing off, I say to my friend, going to be no motion to table made whatever it took. If it meant bombing the Senator’s comments did not go un- tonight. the Vietcong across the lines in Cam- noticed. I am flattered and a little em- Mr. BYRD. I see a more colorful hue bodia, the President had a duty to do barrassed, but I do appreciate very as I look for it out here. My little dog’s that to protect our American service- much what the Senator said. As I have name is Trouble. My wife named the men. said publicly and privately, every day dog. Obviously, she was looking at me I offered that amendment, and my that I have been able to serve in the when she named the little dog Trouble. majority leader was opposed to it. I Congress and the Senate with the dis- That little dog Trouble loves me, but stood by it; I fought the fight and lost. tinguished Senator from West Virginia he loves my wife more. Mr. Nixon called me on the telephone is a day I consider to be very lucky. To My wife is in the hospital right now. that same afternoon from Camp David. think someone from where I came I should go over to visit her. I am a lit- He said: You did a great thing down could be on the same floor as a Senator tle too late already. there. He called me Bob. My wife does speaking with the great ROBERT BYRD I am trying to remember what the not call me Bob. She is kind enough to is difficult for me to imagine. great Englishman, Edmund Burke, said call me Robert. He said: Bob, that’s a I understand the importance of the about the origin of the term ‘‘whip.’’ great thing you did. In his words, he job I have. I appreciate very much the The ‘‘whipper-in’’ was the person who said: You did a statesmanlike job. You statements of the Senator. But that is kept the hound from running away stood for what you believed in, and you our plan for tomorrow. from the field in the fox chase. offered an amendment on behalf of the Mr. BYRD. I thank the distinguished The English had the whip in the 14th servicemen, the men in the field. You Democratic whip. I am very willing to century, certainly in the 17th century, stood by what you thought, and you take my tent and fold it silently and the 1600s. The whip at that time would even stood against your own party, the slip away. send what they called a ‘‘circular let- leadership. I ask unanimous consent that when ter’’ to the King’s supporters, or if That was all right, and that was well the Senate next takes up homeland se- there was a whip in the opposition, he and good for me because I have my own curity—— would send a circular letter to the op- views of what is required of me. But Mr. REID. Which will be tomorrow at ponents of the King and tell them to the distinguished Senator from Ne- noon or thereabouts. come in and meet in Parliament at a vada, he is not disloyal to his leader, Mr. BYRD.—I be recognized at that certain day and a certain time about a not to the people over here who elected time. certain piece of business. That was the him to his position in the Senate, nor Mr. REID. I am the only one in the whip. That was the English whip. That to the people back in Nevada who sent Chamber and I certainly would not ob- is where the whip system started. him here. I salute him. ject to that. I do not think anyone The House has a whip. The Senate I will quietly fold my tent and fade from the minority is present, and they has not had a whip as long as the other away from the Chamber if he is about do not have any basis for objecting body has had a whip. The Senate has a to tell me that there will not be any anyway. The Senator has the floor great whip in the distinguished senior more votes and that tomorrow, when now. Senator from Nevada. I have been a we come back, I may have the floor We would attempt tomorrow morn- whip, and before that I served under again. ing—of course, the Senator is the man- whips. I was a whip for 6 years, and I Mr. REID. Will the Senator yield for ager of the other bill. We would at- was a good whip. I stayed on the Sen- a brief comment in response to the tempt during that period of time to see ate floor all the time. Senator? what we can work out on this home- But I say right here and now, as far Mr. BYRD. Yes. land security bill so we can attempt to as I am concerned, Senator REID of Ne- Mr. REID. The plan tomorrow is to move forward in some way, because vada is the best whip the Senate has come in and we will be on the Interior certainly what we do not want, at least ever had, notwithstanding even that I appropriations bill until noon. Senator tomorrow, is to be in a position where was a Senate whip. I served as whip DASCHLE is planning on having a vote we have to file cloture. I do not think when Mr. Mansfield was majority lead- on a judge around 10 o’clock, and that that is necessary. er. I put everything I had into being a will be by voice. Senator DODD, and We will be happy to meet with the whip. I stood by the gate. If I had been whoever is opposing his legislation, Senator tomorrow. told to guard that gate, I would have will debate for a half hour, and that I ask unanimous consent that when been at that gate alive or dead when vote will occur at 10:15 tomorrow the Senate next goes to S. 5005, the Mr. Mansfield came back. morning. Tomorrow morning, we will first recognition be given to the Sen- This Senator from Nevada, as far as I be on the Interior appropriations bill. ator from West Virginia. am concerned, is the best whip we have I, frankly, do not think we can work The PRESIDING OFFICER. Without ever had. He is right here on this floor anything out on forest fire suppression. objection, it is so ordered. all the time, or within a voice from I will try, but I do not think it can be Mr. BYRD. Mr. President, I ask unan- this floor. He works here on this floor. done. So the leader has to make a deci- imous consent that the speech I have He is very loyal to his majority leader, sion as to whether he is going to file made not be counted as a speech under and he is loyal to his duties, to his peo- cloture on the Craig amendment. We the two-speech rule. ple back home. He tells me every now may have to do that tomorrow. The PRESIDING OFFICER. Without and then he has a delegation from Ne- At noon, we will go back to this bill. objection, it is so ordered. vada that he has to go and see. But this I have been told that the Senators who Mr. BYRD. May I say to the distin- whip is here at all times, and he is here offered this amendment, Senators guished Senator, I am quite happy to to protect me. If I to leave the floor, he GRAHAM and LIEBERMAN, are consid- go home. These old legs of mine have will protect me. I know he will. He is a ering withdrawing the amendment, been carrying me around now for a good whip. He is a great whip. which would leave the amendment long time. I always had heard that I will take my hat off any day and pending being the Thompson amend- when one gets to be up in years a little say: Gunga Din, you are a better whip ment which, of course, will be subject bit, the feet and the legs first start to than I am. That is saying a lot. I don’t to another amendment. trouble one. So I can bear witness to say that often. I was a good whip, but That will be the status at noon to- that. the Senator is a better whip than I was morrow, if the leader decided to work In case there are any Senators who because he probably is more loyal to on this bill Friday afternoon. As the think the distinguished majority whip his party than I was and more loyal to distinguished Senator from West Vir- did wrongly in saying we could go his majority leader than I was. ginia knows, Friday afternoons are home if the Senator would take a seat, I stood on this floor offering an really tough to get things done around let me say I have only spoken 2 hours amendment during the Vietnam war to here. We are going to have votes to- and 15 minutes—is that accurate?

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.112 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8553 Mr. REID. Three hours and 15 min- Mr. BYRD. By requiring Senate con- that time, I may not be at my desk. utes. Now it is about 3 1⁄2 hours. firmation of this new Director of the Let’s do it right. Let’s do it the way we Mr. BYRD. And I am only on page 3 National Office for Combating Ter- ought to do it. If the war on terror is to of page 4. Well, that is just a start. As rorism, Congress will ensure that its be with us a long time, a Director of John Paul Jones said, ‘‘We have just concerns over the implementation of Homeland Security will be with us a begun to fight.’’ homeland security strategy will not be long time, and Tom Ridge, if he is to be I have in my pocket the Constitution subordinated to the political agenda of the Director in the future, even he may of the United States and the Declara- the White House. be gone and another Director may tion of Independence. Once I finished Remember, we are not just talking stand in his stead. Think about that. It page 4 tonight, I intended to start read- about a Director of Homeland Security is more than just a thought in passing. ing the Declaration of Independence under the Bush administration. We are I thank my friend from Nevada. I and the Constitution of the United not just talking about a Director of thank all Senators. I thank the won- States to follow. Homeland Security under a Republican derful people who have to man the Mr. REID. I say to my friend, I do not administration. There can very well desks up there. I thank the Presiding think he would have to read it, would come a time there will be a Director of Officer, I thank the pages, the security he? Homeland Security under a Democratic personnel, the Doorkeepers and all. Mr. BYRD. I think reading it makes administration, and I hope the Sen- They have had to wait and listen. They it better. ators will see the wisdom in looking are doing their job. I thank them and I Mr. REID. Does not the Senator have forward to a time when the worm will apologize to them, in a way. I apologize that memorized anyway? turn, the wheel will turn, and there for having delayed them to their places Mr. BYRD. I know something about will be a Democrat in the White House. of abode. the Constitution, but I will save that I am thinking of Senate confirmation I yield the floor and suggest the ab- for another day. I have a number of as something that will be important sence of a quorum. poems which I would be glad to quote under a Democratic administration as The PRESIDING OFFICER. The even though these old legs are getting well as under a Republican administra- clerk will call the roll. tired. Shall I quote one? tion, as important to the people of this The assistant legislative clerk pro- Mr. REID. I personally would like to country under a Democratic President ceeded to call the roll. hear a poem. as under a Republican President, under Mr. BYRD. Mr. President, I never was Mr. BYRD. I ask unanimous consent Mr. Bush. For the moment, it is a Re- a show-off so I am not going to quote that the order for the quorum call be publican President. A thousand years any poetry tonight. That would be rescinded. is but a day in God’s reach. And there showing off. I just wanted the Senator The PRESIDING OFFICER. Without will probably be a Department of to know I could quote some poems. I objection, it is so ordered. Homeland Security after my life on can read the Constitution and com- Mr. BYRD. Mr. President, my state- this globe has run its span. ment on it as I go along. I can read the ment has to undergo some interruption The war against terrorism may not Declaration of Independence. I can read because of the colloquy between Mr. end soon. It may go on and on. Who the Bible. I can read Milton’s ‘‘Para- REID and myself. But the little remain- knows? The President himself has said dise Lost.’’ I could read Carlyle’s ‘‘His- der that I just read just now, I hope it it will not be quick, it will not be easy, tory of the French Revolution.’’ I could will be understood from those who read and it will not be short. Therefore, it is even read Daniel Defoe’s ‘‘Robinson Ca- the RECORD, that was the closing part not difficult to imagine that there will ruso.’’ Just because my legs are hurt- of a previously prepared speech, and I come a day when there will be a Demo- ing and I am growing quite frail and hope they will keep that in mind when cratic President in the White House, my voice is a little weak, I am not they read all parts of it in the RECORD. and I say that my Republicans friends, quite ready to say, well, they have the I would not ask it be joined directly when that time comes, will be glad if votes and let us quit. with the first part, because of that col- we in our day have required the Direc- I thank the distinguished Democratic loquy. tor of Homeland Security to be con- whip. The Senator knows I am getting I yield the floor and suggest the ab- firmed by the Senate. tired, which is the reason I am not say- sence of a quorum. So we are not legislating for a day, a ing things just right. The PRESIDING OFFICER. The week, or the remaining 2 years of this Let me see if there is anything else clerk will call the roll. Republican administration. We are de- for which I need consent. I believe not, The assistant legislative clerk pro- bating and acting for a long time. but it is my understanding that I will ceeded to call the roll. Once this is on the statute books, it be recognized when the Senate next re- Mr. REID. Mr. President, I ask unan- is not easy to change it because a turns to the homeland security legisla- imous consent that the order for the President can veto a change. If Con- tion. I thank the Chair and I thank the quorum call be rescinded. gress sees the unwisdom of its ways whip. The PRESIDING OFFICER. Without I yield the floor. today and seeks to change the statute objection, it is so ordered. Mr. REID. I suggest the absence of a books, maybe a President in the White f House would veto that bill if it came to quorum. MORNING BUSINESS The PRESIDING OFFICER. The his desk. So its easier, in a way, to clerk will call the roll. make a law than it is to change a law, Mr. REID. Mr. President, I ask unan- The assistant legislative clerk pro- in some instances. We had better do it imous consent that the Senate now ceeded to call the roll. right the first time, rather than just do proceed to a period of morning busi- Mr. BYRD. Mr. President, I ask unan- it fast. Do it right. That is what I am ness, with Senators allow to speak for imous consent that the order for the seeking to do. a period not to exceed 5 minutes each. quorum call be rescinded. Even when the President’s advisers The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without want to conceal the agency mis- objection, it is so ordered. objection, it is so ordered. management or shift public focus to- f Mr. BYRD. Mr. President, I do not ward a war with Iraq, Congress can think a good steward would want to make sure that the Director’s job is IRAQ leave his job unfinished quite so getting done because Congress can ask Mr. EDWARDS. Mr. President, as a abruptly. I do have a half page of my him directly. So I tell my colleagues member of the Senate Intelligence prepared remarks to read. I do not like that I understand their desire to style Committee, I firmly believe that the to put items in the RECORD, so, if I the statutory office by yielding to the issue of Iraq is not about politics. It’s may, I ask unanimous consent that urge that I know some Members do. about national security. We know that again this not be counted as a second Let’s do it right. There may be a dif- for at least 20 years, Saddam Hussein speech. ferent administration, maybe a dif- has aggressively and obsessively The PRESIDING OFFICER. Without ferent party at the White House, Mr. sought weapons of mass destruction objection, it is so ordered. Bush may not be at the White House at through every means available. We

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.114 S12PT1 S8554 CONGRESSIONAL RECORD — SENATE September 12, 2002 know that he has chemical and biologi- The United States has a special role Unfortunately, the administration’s cal weapons today. He has used them in of leadership in the international com- record to date gives me cause for con- the past, and he is doing everything he munity. As America and its allies move cern. They must not make the same can to build more. Each day he inches down this path, we must do so in a way mistakes in post-Saddam Iraq that closer to his longtime goal of nuclear that preserves the legitimacy of our ac- they are making in post-Taliban Af- capability—a capability that could be tions, enhances international con- ghanistan, where they have been dan- less than a year away. sensus, and strengthens our global gerously slow in making the real com- I believe that Saddam Hussein’s Iraqi leadership. mitment necessary to help democracy regime represents a clear threat to the First, this means making the strong- take root and flourish. United States, to our allies, to our in- est possible case to the American peo- Finally, the administration must terests around the world, and to the ple about the danger Saddam poses. show that its actions against Iraq are values of freedom and democracy we Months of mixed messages, high-level part of a broader strategy to strength- hold dear. speculation and news-leaks about pos- en American security around the Saddam has proven his willingness to sible military plans have caused wide- world. act irrationally and brutally against spread concern among many Americans We must address the most insidious his neighbors and against his own peo- and around the world. threat posed by weapons of mass de- ple. Iraqi’s destructive capacity has the I am encouraged that the President struction—the threat that comes from potential to throw the entire Middle has overruled some of his advisors and the ability of terrorists to obtain them. East into chaos, and poses a mortal decided to ask for the support of Con- We must do much more to support the threat to our vital ally, Israel. gress. From the support of Congress, many disarmament programs already What’s more, the terrorist threat this effort will derive even greater and in place to dismantle weapons and pre- against America is all too clear. Thou- more enduring strength. vent access to weapons-grade materials sands of terrorist operatives around Second, the Administration must do in Russia and the former Soviet states; the world would pay anything to get as much as possible to rally the sup- we must fully fund Nunn-Lugar; and we their hands on Saddam’s arsenal, and port of the international community should work hard to forge inter- there is every possibility that he could under the mandate of the United Na- national coalition to prevent prolifera- turn his weapons over to these terror- tions Security Council. We should tap tion. ists. No one can doubt that if the ter- into the strengths of existing alliances We must be fully and continuously rorists of September 11 had had weap- like NATO to enforce such a mandate. engaged to help resolve the crisis be- ons of mass destruction, they would And let me be clear: America’s allies tween Israel and the Palestinians. Dis- have used them. On September 12, 2002, deserve more than just token consulta- engagement was a mistake. The United we can hardly ignore the terrorist tion. The Bush administration must States cannot deliver peace to the par- threat, and the serious danger that make a full-court press to rally global ties, but no agreement is possible with- Saddam would allow his arsenal to be support, much like the impressive ef- out our active involvement. used in aid of terror. fort President Bush’s father made to We also must have a national strat- Iraq has continued to develop its ar- rally the first international coalition egy for energy security, working to senal in definance of the collective will against Saddam in the fall of 1990. If strengthen relationships with new sup- of the international community, as ex- they do, I believe they will succeed. pliers and doing more to develop alter- pressed through the United Nations Se- If, however, the United Nations Secu- native sources of power. curity Council. It is violating the rity Council is prevented from sup- And we must do far more to promote terms of the cease-fire that ended the porting this effort, then we must act democracy throughout the Arab world. Gulf War and ignoring as many as 16 with as many allies as possible to en- We should examine our overall engage- U.N. Security Council resolutions—in- sure that Iraq meets its obligations to ment in the entire region, and employ cluding 11 resolutions concerning Iraq’s existing Security Council resolutions. the same kinds of tools that we used to efforts to develop weapons of mass de- After all, that’s what the U.S. and its win the battle of ideas fought during struction. NATO allies did during the 1999 war in the Cold War, from vigorous public di- These U.N. resolutions are not uni- Kosovo, when a U.N. Security Council plomacy to assistance for democratic lateral American demands. They in- resolution was impossible. reform at the grassroots. volve obligations Iraq has undertaken Third, we must be honest with the The path of confronting Saddam is to the international community. By ig- American people about the extraor- full of hazards. But the path of inac- noring them. Saddam Hussein is under- dinary commitment this task entails. tion is far more dangerous. This week, mining the credibility of the United It is likely to cost us much in the a week where we remember the sac- Nations, openly violating international short-term, and it is certain to demand rifice of thousands of innocent Ameri- law, and making a mockery of the very our attention and commitment for the cans made on 9/11, the choice could not idea of international collective action long-haul. We have to show the world be starker. Had we known that such at- which is so important to the United that we are prepared to do what it tacks were imminent, we surely would States and our allies. takes to help rebuild a post-Saddam have used every means at our disposal The time has come for decisive ac- Iraq and give the long-suffering Iraqi to prevent them and take out the plot- tion. With our allies, we must do what- people the chance to live under free- ters. We cannot wait for such a terrible ever is necessary to guard against the dom. event—or, if weapons of mass destruc- threat posed by an Iraq armed with Working with our allies, we have to tion are used, one far worse—to address weapons of mass destruction, and be prepared to deal with the con- the clear and present danger posed by under the thumb of Saddam Hussein. sequences of success—helping to pro- Saddam Hussein’s Iraq. The United States must lead an inter- vide security inside Iraq after Saddam f national effort to remove the regime of is gone, working with the various Iraqi Saddam Hussein and to assure that opposition groups in shaping a new SEPTEMBER 11 REMEMBRANCE Iraq fulfills its obligations to the inter- government, reassuring Iraq’s neigh- Mr. ENZI. Mr. President, yesterday national community. bors about its future stability, and sup- we marked the anniversary of one of This is not an easy decision, and its porting the Iraqi people as they rebuild the most horrific events in our Na- carries many risks. It will also carry their lives. This is a massive under- tion’s history. On September 11 of last costs, certainly in resources, and pos- taking, and we must pursue it with no year, without provocation or warning, sibly in lives. After careful consider- illusions. extremists took control of four of our ation, I believe that the risk of inac- Ensuring that Iraq complies with its planes and used them as weapons of de- tion is far greater than the risk of ac- commitments to the international struction against us to cowardly take tion. community is the mission of the mo- from our lives our friends and neigh- As we set out on this course, we must ment. Rebuilding Iraq and helping it bors, our mothers and fathers, and our be as conscious of our special responsi- evolve into a democracy at peace with sons and daughters. bility as we are confident in the itself and its neighbors will be the mis- As we watched those events unfold, rightness of our cause. sion of many years. during the subsequent rescue attempts,

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.045 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8555 we saw more of our Nation’s brave men resentation of the power of our mili- complete. We carry their dreams, their and women lose their lives in the sup- tary. And they sought to attack our hopes, their ambitions, their chal- port and defense of others. It was not Nation’s capital because it is the heart lenges and their plans for the future only a terrible loss of life. It was a loss of our government and it represents with us. With God’s strength and the of our most vital and valuable re- our democracy and our way of life. support of each of us we will complete source, our Nation’s people and the po- No one will ever forget where they the work they started and ensure the tential they carried within them for were or what they were doing as they safety and security of all people, of all greatness in so many different fields first heard the news of the terrorist at- countries, and of all regions of the and endeavors of importance to them tack on our Nation. We all sat and world for generations to come. watched in stunned silence as events and to us. f As we watched the images broadcast unfolded that are now forever etched in around the world, we all made a deci- our mind. CBO ESTIMATES ON REPORTED sion in our hearts to do everything we In the days that have passed since BILLS could to respond to the attack on our then, we have kept alive the memory of Mr. BIDEN. Mr. President, prior to nation, our freedom, our liberty and those we lost, repaired and restored the August recess, the Committee on our way of life. For each of us it meant what we could, and made plans to Foreign Relations reported several something different, but for all of us, it recreate what could not be saved. It bills without written report. At the helped to know there was something has been a difficult and daunting task. time, the Congressional Budget Office, we could all do to help. Through it all the President has led a CBO, estimates on the bills were not For Congress, that meant expressing united Nation, committed to ending available. I ask unanimous consent our strongest support for the President the threat of terrorism, not just for us, that the CBO estimates on these bills, and his ambitious and necessary plan but for our children, and for all the S. 1777, H.R. 4558, and H.R. 2121, be to end the global network of terror children of the world who deserve to printed in the RECORD. that has sown the seeds of despair and grow up and pursue a dream of peace, There being no objection, the mate- hatred wherever it has found fertile hope and opportunity. rial was ordered to be printed in the When the terrorists struck at the ground. The President’s plan is to do RECORD, as follows: more than defeat the forces of terror. heart of our Nation that day they took U.S. CONGRESS, something more precious than our It is to replace those seeds of anger and CONGRESSIONAL BUDGET OFFICE, hatred with seeds of hope and peace. buildings, and the symbols of American Washington, DC, August 1, 2002. For our Nation’s Armed Forces, it pride and ingenuity we all hold dear. Hon. JOSEPH R. BIDEN, Jr., meant answering the call to duty and When they took our loved ones from Chairman, Committee on Foreign Relations, taking arms against an enemy who us, they also took the innocence of our U.S. Senate, Washington, DC. placed no value on human life. children who had to learn quickly, and DEAR MR. CHAIRMAN: The Congressional The rules of war are not many, but at a young and tender age, that there Budget Office has prepared the enclosed cost one unavoidable one is that it takes are bad people in the world who do bad estimate for S. 1777, the International Dis- the lives of our young men and women. ability and Victims of Landmines, Civil things. And that all too often, bad Strife, and Warfare Assistance Act of 2002. One of those we lost in the early stages things happen to good people. The CBO staff contacts for this estimate of the war was one of Wyoming’s own, But, when they looked at us with are Joseph C. Whitehill, who can be reached Jonn Edmunds, an Army Ranger from questioning eyes, did any of us have a at 226–2840, and Jeanne M. De Sa, who can be Cheyenne, who gave his life in Afghani- good answer to the question they want- reached at 226–9010. stan as he fought and died for a cause ed answered the most, ‘‘Why?’’ Sincerely, that he believed in. Fortunately, the President’s leader- BARRY B. ANDERSON, For all Americans, it meant an awak- ship has enabled him to put together (For Dan L. Crippen, Director). ening of our sense of patriotism and an international coalition dedicated to Enclosure. our love of country, as we put aside our dismantling the network of terror and S. 1777—International Disability and Victims of differences and unfurled our flags and to bringing those responsible to jus- Landmines, Civil Strife, and Warfare Assist- ance Act of 2002 proudly displayed them on our porches tice, wherever they may try to hide. and windows. We came together as one, The conspiracy of terrorism can only Summary: S. 1777 would authorize the survive in the darkness of hatred. It President to furnish assistance to individ- united, in support of our leaders and uals with disabilities in foreign countries, our President. can not long survive when we bring the including victims of landmines and other We know from past experience that light of peace to bear on all the Na- war injuries. The bill also would authorize the effort to respond to challenges like tions of the world. That light is the the Centers for Disease Control and Preven- this is not a quick or easy one. It takes symbol of freedom that our Statue of tion (CDC) to provide such assistance, and a lengthy and determined commitment Liberty holds proudly and with purpose would authorize the Department of Veterans to principle if we are to succeed. in the harbor of New York, not far from Affairs (VA) to provide advice and expertise I have no doubt our resolve will re- where the Twin Towers once stood. It to U.S. agencies and private voluntary agen- main strong and we will be united in is a light that will someday shine for cies undertaking such programs. Currently, the U.S. Agency for International Develop- purpose, as we have done before when everyone in every country in the world, ment (USAID), the CDC, and VA provide called to respond to a threat to our and we will all live in peace and free- some assistance in this area under more gen- way of life. dom. eral authority. CBO estimates that imple- A little over fifty years ago, on a day We are, and always will be, a Nation menting S. 1777 would cost about $4 million that has been compared to this one, of individuals. We all have our own sto- over the 2003–2005 period, assuming appro- those who opposed us were heard to say ries, our own goals and ambitions, and priation of the necessary amounts. Because after their attack that they may have our own plans for our lives. But, when S. 1777 would not affect direct spending or re- done nothing more than awaken a faced with a crisis, as we were last ceipts, pay-as-you-go procedures would not apply. sleeping giant. On that day in Decem- year, we come together as one united S. 1777 contains no intergovernmental or ber and this one in September, we may in our commitment that no one will private-sector mandates as defined in the have been a sleeping giant, but when ever have to endure a tragedy as ter- Unfunded Mandates Reform Act (UMRA) and the time came to respond, we did, and rible as the events that unfolded last would not affect the budgets of state, local, by so doing, we changed the world. year. or tribal governments. We have to respond with strength Yesterday was a day of remembrance. Estimated cost to the Federal Govern- and determination because those who It will always be so. May it serve as a ment: For this estimate, CBO assumes that attacked us chose their targets with constant reminder that we are one Na- the legislation will be enacted near the be- such clear and evil intent. They at- ginning of fiscal year 2003, that the esti- tion, under God, with liberty and jus- mated amounts will be appropriated each tacked the World Trade Center, be- tice for all. year, and that outlays will follow historical cause of its symbolic representation of The lives of all those who were lost spending patterns. The budgetary impact of our economic power. They attacked the are like an unfinished symphony that S. 1777 is shown in the following table. The Pentagon because of its symbolic rep- has been left to us to continue and costs of this legislation fall within budget

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.118 S12PT1 S8556 CONGRESSIONAL RECORD — SENATE September 12, 2002 functions 550 (Health) and 700 (veterans bene- Landmines, Civil Strife, and Warfare Assist- mental or private-sector mandates as defined fits and services). ance Act of 2001, as ordered reported by the in UMRA and would not affect the budgets of House Committee on International Relations state, local, or tribal governments. By fiscal year, in millions of dol- on November 1, 2001. That bill would author- Previous CBO estimate: On November 6, lars— ize the appropriation of $15 million in 2002 2001, CBO prepared an estimate for H.R. 2121 2003 2004 2005 2006 2007 and 2003 for programs to assist individuals as ordered reported by the House Committee with disabilities, including victims of land- on International Relations on November 1, CHANGES IN SPENDING SUBJECT TO APPROPRIATION mines and other victims of warfare and civil 2001. That earlier version of the legislation Estimated authorization level ...... 2 2 0 0 0 Estimated outlays...... 1 2 1 0 0 strife administered by USAID and such sums would have authorized the appropriation of as may be necessary in 2002–2004 for the CDC. $50 million in 2002. Basis of estimate: S. 1777 would authorize H.R. 3169 also would authorize VA to provide Estimate prepared by: Federal costs: Jo- the President to furnish assistance to indi- advice and expertise to federal agencies and seph C. Whitehill (226–2840); impact on state, viduals with disabilities in foreign countries, technical assistance to PVOs with respect to local, and tribal governments: Greg Waring including victims of landmines and other planning, development, operation, and eval- (225–3220); impact on the private sector: war injuries. Under more general authorities uation of landmine programs. CBO’s esti- Paige Piper/Bach (226–2940). in current law, USAID, the CDC, and VA pro- mate of the costs associated with the CDC Estimate approved by: Peter H. Fontaine, vide roughly $15 million a year in assistance and VA programs are the same in both bills. Deputy Assistant Director for Budget Anal- in this area. The bill would expand current Estimate prepared by: Federal spending: ysis. programs. USAID—Joseph C. Whitehill (226–2840), U.S. Agency for International Develop- CDC—Jeanne M. De Sa (226–9010), VA—Sam U.S. CONGRESS, ment.—Section 3 would authorize assistance Papenfuss (226–2840); impact on state, local, CONGRESSIONAL BUDGET OFFICE, to individuals with disabilities, including and tribal governments: Greg Waring (226– Washington, DC, August 7, 2002. victims of landmines and other victims of 3220); impact on the private sector: Paige Hon. JOSEPH R. BIDEN, Jr., warfare and civil strife. USAID currently Piper/Bach (226–2940). Chairman, Committee on Foreign Relations, provides such assistance, primarily through Estimate approved by: Peter H. Fontaine, U.S. Senate, Washington, DC. the Patrick Leahy War Victims Fund, with a Deputy Assistant Director for Budget Anal- DEAR MR. CHAIRMAN: The Congressional funding level of $10 million each year. CBO ysis. Budget Office has prepared the enclosed cost estimates that under S. 1777, funding for in- estimate for H.R. 4558, an act to extend the U.S. CONGRESS, dividuals with disabilities would continue at Irish Peace Process Cultural and Training CONGRESSIONAL BUDGET OFFICE, that rate. Program. Centers for Disease Control.—Section 4 Washington, DC, August 14, 2002. If you wish further details on this esti- Hon. JOSEPH R. BIDEN, Jr., would authorize the appropriation of such mate, we will be pleased to provide them. sums as may be necessary in fiscal years 2003 Chairman, Committee on Foreign Relations, The CBO staff contact is Mark Grabowicz, and 2004 for the CDC to conduct programs in U.S. Senate, Washington, DC. who can be reached at 226–2860. DEAR MR. CHAIRMAN: The Congressional foreign countries for individuals with dis- Sincerely, Budget Office has prepared the enclosed cost abilities, including persons injured by land- BARRY B. ANDERSON estimate for H.R. 2121, the Russia Democracy mines and civil strife. Those programs could (For Dan L. Crippen, Director). Act of 2002. Enclosure. include research on trauma and rehabilita- If you wish further details on this esti- tion, evaluating treatment interventions, de- H.R. 4558—An act to extend the Irish Peace mate, we will be pleased to provide them. Process Cultural and Training Program veloping medical instruction tools for re- The CBO staff contact is Joseph C. White- sponding to traumatic injuries, and facili- hall, who can be reached at 226–2840. Summary: The Irish Peace Process Cul- tating and training peer-support networks. Sincerely, tural and Training Program Act of 1998 (Pub- The bill would authorize the CDC to provide lic Law 105–319) provides nonimmigrant visas ROBERT A. SUNSHINE grants to nongovernmental organizations to (For Dan L. Crippen, Director). for young adults from certain areas of North- carry out research, prevention activities, Enclosure. ern Ireland and the Republic of Ireland. and public awareness campaigns, as well as Those individuals work or study in the H.R. 2121—Russia Democracy Act of 2002 other activities to share information about United States for up to three years. This pro- research on limb loss and best practices in Summary: H.R. 2121 would expand the U.S. gram is currently scheduled to terminate on treatment programs. government’s authority to provide assist- October 1, 2005. H.R. 4558 would extend it Under current law, the CDC provides $5 ance to democratic institutions and media in until October 1, 2006. million a year for some of the activities au- Russia and would authorize the appropria- CBO estimates that implementing H.R. thorized by the bill, most of which are di- tion of $50 million in 2003 for programs to 4558 would cost about $4 million in fiscal rected toward a network for victims of land- strengthen the rule of law and an inde- year 2006 for the Department of State to ad- mines. S. 1777 would authorize the CDC to pendent media in that country. (In 2002, ap- minister this program, subject to the avail- carry out additional activities such as trau- propriations for various types of assistance ability of appropriations. Enacting the legis- ma research and evaluation of medical treat- to the independent states of the former So- lation also would affect direct spending and ments. According to the CDC, those addi- viet Union totaled $784 million.) Assuming receipts, but CBO estimates that any such tional activities would require $2 million a the appropriation of the authorized amount, effects would not be significant. Because the year in additional funding. Thus, CBO esti- CBO estimates that implementing the act act would effect direct spending and receipts, mates that the bill would increase agency would cost about $50 million over the 2003– pay-as-you-go procedures would apply. spending by $4 million over the 2003–2005 pe- 2007 period. Enacting H.R. 2121 would not af- H.R. 4558 contains no intergovernmental or riod, subject to appropriation of the nec- fect direct spending or receipts; therefore, private-sector mandates as defined in the essary amounts. pay-as-you-go procedures would not apply. Unfunded Mandates Reform Act (UMRA) and Department of Veterans Affairs.—Section 5 H.R. 2121 contains no intergovernmental or would impose no costs on state, local, or would authorize VA to provide advice and ex- private-sector mandates as defined in the tribal governments. pertise to federal agencies and technical as- Unfunded Mandates Reform Act (UMRA) and Estimated cost to the Federal Govern- sistance to private voluntary organizations would not affect the budgets of state, local, ment: The estimated budgetary impact of (PVOs) with respect to planning, develop- or tribal governments. H.R. 4558 is shown in the following table. The Estimated cost to the Federal Govern- ment, operation, and evaluation of landmine costs of this legislation fall within budget ment: The estimated budgetary impact of assistance, research, and prevention pro- functions 150 (international affairs) and 750 H.R. 2121 is shown in the following table. The grams. The VA currently provides advice to (administration of justice). estimate assumes that the authorized other federal agencies on a nonreimbursable amount would be appropriated and that out- basis. The bill would authorize VA to provide By fiscal year, in millions of dollars— lays would follow historical spending pat- technical assistance to PVOs on a reimburs- terns for similar activities. The costs of this 2002 2003 2004 2005 2006 2007 able basis. Based on information from VA, legislation fall within budget function 150 CBO estimates the cost and collections from Spending under current law: (international affairs). Estimated authorization providing this technical assistance would be level 1 ...... 4 4 4 4 0 0 less than $500,000 a year. By fiscal year, in millions of dollars— Estimated outlays...... 4 4 4 4 0 0 Pay-as-you-go considerations: None. Proposed changes: 2002 2003 2004 2005 2006 2007 Estimated authorization Intergovernmental and private-sector im- level ...... 0 0 0 0 4 0 pact: S. 1777 contains no intergovernmental CHANGES IN SPENDING SUBJECT TO APPROPRIATION Estimated outlays...... 0 0 0 0 4 0 or private-sector mandates as defined in Spending under H.R. 4558: Authorization level ...... 0 50 0 0 0 0 Estimated authorization UMRA and would not affect the budgets of Estimated outlays ...... 0 9 21 11 5 2 level ...... 4 4 4 4 4 0 state, local, or tribal governments. Estimated outlays...... 4 4 4 4 4 0 Previous CBO estimate: On November 8, Pay-as-you-go considerations: None. 1 The 2002 level is the amount appropriated for that year for the Irish 2001, CBO prepared an estimate for H.R. 3169, Intergovernmental and private-sector im- Peace Process Cultural and Training Program. The estimated authorization the International Disability and Victims of pact: H.R. 2121 contains no intergovern- levels for 2003 through 2005 are CBO baseline estimates.

VerDate Sep 04 2002 02:21 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.083 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8557 Since the program’s inception, there have that can become substance. I believe state that all such attacks must cease, been about 250 participants each year. Thus, that by passing this legislation and whether they take place in Israel, the West CBO estimates that any effects on fees col- changing current law, we can change Bank or Gaza,’’ said William F. Schulz, Exec- lected by the Immigration and Naturaliza- hearts and minds as well. utive Director of Amnesty International tion Service (INS) or the State Department USA (AIUSA). ‘‘Action must then follow as a result of extending the program would f words, with those responsible for these at- be insignificant. INS fees are classified as SPEECH OF YASSER ARAFAT tacks arrested and brought to justice in line offsetting receipts (a credit against direct with international human rights standards.’’ spending), and the State Department fees are Mrs. BOXER. Mr. President, this Amnesty International examined 128 at- classified as governmental receipts (i.e., rev- week, Palestinian leader Yasser Arafat tacks between September 29, 2000 and May enues). delivered a speech to the Palestinian 31, 2002 in which 338 civilians were killed. Pay-as-you-go considerations: The Bal- Legislative Council that I found ex- Based on analysis of the attacks and the anced Budget and Emergency Deficit Control tremely disappointing. armed groups claiming responsibility, Am- Act specifies pay-as-you-go procedures for The speech, which was given Monday, nesty International concludes that the at- legislation affecting direct spending and re- did not outline specific steps to end tacks are widespread, systemic, and part of ceipts. Those procedures would apply to H.R. terrorism against the Israeli people an explicit policy of attacking civilians. 4558 because it would affect both direct Those individuals who order, plan, or carry spending and receipts, but CBO estimates and did not offer any new ideas on how out such attacks are therefore guilty of that the annual amount of such changes to achieve peace in the Middle East. As crimes against humanity, and the attacks would not be significant. one senior European diplomat said, ‘‘It may constitute war crimes. Attacks on civil- Intergovernmental and private-sector im- was a very shallow speech, repeating ians are expressly prohibited by the Geneva pact: H.R. 4558 contains no intergovern- the standard phrases he’s used for Conventions and the principles of inter- mental or private-sector mandates as defined years now.’’ national humanitarian law. in UMRA and would impose no costs on Perhaps most disturbing of all was The report profiles the groups claiming re- state, local, or tribal governments. Yasser Arafat’s outright refusal to call sponsibility for these attacks and reviews Previous CBO estimate: On July 22, 2002, the statements of their leaders and officials. CBO transmitted a cost estimate for H.R. for an end to the practice of suicide For example, the Al-Aqsa Martyrs Brigade, 4558 as ordered reported by the House Com- bombings, even after his own interior formed by Fatah members in 2000, has mittee on the Judiciary on July 17, 2002. The minister, Abdel Razak Yehiyeh, said claimed responsibility for 23 attacks. two versions of the legislation are identical, that all Palestinians should abandon Marwan Barghouti, Secretary General of as are our cost estimates. suicide attacks. The omission is espe- Fatah, stated to Amnesty International that Estimate prepared by: Federal costs: Mark cially glaring given that drafts of the Fatah considers that Israelis in the West Grabowicz (226–2860); impact on state, local, speech made available to the media be- Bank and Gaza are not civilians because ‘‘it and tribal governments: Angela Seitz (225– forehand explicitly called for the par- is all in occupied country.’’ Amnesty Inter- 3220); impact on the private sector: Paige national asserts that international law pro- Piper/Bach (226–2960). liament to outlaw suicide bombings hibits attacks on civilians wherever they Estimate approved by: Peter H. Fontaine, against civilians. As someone who has are. Deputy Assistant Director for Budget Anal- continually worked to rally inter- Despite an obligation to investigate and ysis. national support against this disgrace- prosecute the perpetrators of attacks on ci- f ful practice, I am greatly saddened vilians, many of the detentions of alleged that Yasser Arafat did not have the members of armed groups by the Palestinian VOTE EXPLANATION courage to call for a complete ban on Authority appear to be motivated by consid- Mr. WELLSTONE. Mr. President, I suicide bombings. erations other than a genuine concern to Given this most recent failure of bring the perpetrators to justice. regret that I was necessarily absent for ‘‘The Palestinian Authority has the re- the vote on the confirmation of Tim- Yasser Arafat, I want to bring to the sponsibility to stop attacks by Palestinian othy Corrigan to the United States attention of my colleagues a report armed groups and claims that the Pales- District Court in Florida due to my at- issued by Amnesty International titled tinian Authority has acted with due dili- tending events in Minnesota com- ‘‘Without Distinction—Attacks on Ci- gence to stop these attacks lack credi- memorating the anniversary of the ter- vilians by Palestinian Armed Groups.’’ bility,’’ said Marty Rosenbluth, AIUSA’s rorist attacks of September 11. I would This report, which was released just Country Specialist for Israel, the Occupied Territories and the Palestinian Authority. ask that the RECORD reflect that I weeks before the August recess, docu- ments 128 attacks between September ‘‘However, the investigation and prosecution would have voted yes on this nomina- of those responsible must not result in fur- tion. 29, 2000 and May 31, 2002 in which 338 ci- ther violations. To date, the measures taken f vilians were killed. In the press release by both Israel and the Palestinian Authority issued with the report, William have included torture and violations of the LOCAL LAW ENFORCEMENT ACT Schultz, Executive Director of Am- right to a fair trial.’’ OF 2001 nesty International USA, says, ‘‘there Mrs. BOXER. Mr. President, this Mr. SMITH of Oregon. Mr. President, is no justification for attacking civil- week, Yasser Arafat had the oppor- I rise today to speak about hate crimes ians, and Palestinian leaders must tunity to follow the advice of Dr. legislation I introduced with Senator clearly state that all such attacks Schultz and strongly state that ter- KENNEDY in March of last year. The must cease, whether they take place in rorist attacks, including suicide bomb- Local Law Enforcement Act of 2001 Israel, the West Bank or Gaza.’’ I ask ings, must end. Unfortunately, Yasser would add new categories to current unanimous consent that the entire Arafat has again fallen short of what hate crimes legislation sending a sig- press release be printed in the RECORD. he must do so that peace can be nal that violence of any kind is unac- The full report can be found on the achieved in the Middle East. ceptable in our society. Internet at http://www.amnestyusa.org/ f I would like to describe a terrible countries/ crime that occurred in July 2000 in San israellandloccupiedlterritories/ ADDITIONAL STATEMENTS Diego, CA. Four Mexican migrants index.html. were attacked and shot with pellet There being no objection, the mate- guns. The assailants, several neo-Nazi rial was ordered to be printed in the HISPANIC HERITAGE MONTH skinheads, chased the victims, beat RECORD, as follows: ∑ Mrs. CARNAHAN. Mr. President, I them, and shot them with high-pow- [From Amnesty International, July 11, 2002] am proud to take this opportunity to ered pellet guns. Two of the victims ISRAEL/OCCUPIED TERRITORIES/PALESTINIAN recognize the period beginning on Sep- had to have the pellets surgically re- AUTHORITY tember 15 and ending on October 15 as moved. Police investigated the inci- WASHINGTON, DC.—In a report released Hispanic Heritage Month. This month dent as a hate crime. today, Amnesty International condemned at- celebrates the rich and varied heritage I believe that government’s first duty tacks by Palestinian armed groups against of Hispanics in the United States, who is to defend its citizens, to defend them civilians as crimes against humanity and come from as far away as South Amer- possible war crimes, and called for the per- against the harms that come out of petrators to be arrested and prosecuted. ica and the islands of the Caribbean, hate. The Local Law Enforcement En- ‘‘There is no justification for attacking ci- and as nearby as our neighbor to the hancement Act of 2001 is now a symbol vilians, and Palestinian leaders must clearly south, Mexico. I urge all Americans to

VerDate Sep 04 2002 04:33 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.089 S12PT1 S8558 CONGRESSIONAL RECORD — SENATE September 12, 2002 take this opportunity to learn more As we celebrate Hispanic Heritage volves 9,000 schools, 200,000 teachers, about the culture and important con- Month, let us take the time to learn 80,000 volunteers, and countless spon- tributions Hispanics have made and more about these and other Hispanic sors and donors. With 38 States and continue to make to the United States. leaders. But let us also take a moment more than 140 communities across the It is fitting that what originally to recognize the many hardworking Nation participating, Kids Voting USA started out as Hispanic Heritage Week Hispanic members of our own commu- teaches students from kindergarten in September of 1968 has been length- nities as well. Let us welcome them through high school about the impor- ened to a month-long celebration of the when they are new arrivals and ensure tance of civic participation and their culture and contributions of Hispanics that our diversity remains one of our rights and responsibilities as citizens. to the American experience. This is in greatest strengths. Their contributions Through an acclaimed, interactive core large part a reflection of the growing serve to enrich our common culture of service-based curricula, young peo- prominence of Hispanics in all sectors and we are all the better for it. The ple gain the knowledge, skills, and mo- of American society. As a U.S. Senator, truest testimony of our greatness as a tivation for democratic living. though, I am especially interested and nation is the enduring power of the Combined with a civics education, encouraged by the growing role His- American Dream and the sacrifices students participate in local and na- panics are playing in our Nation’s gov- people everywhere are willing to make tional elections in communities across ernment. to attain it.∑ the country. Kids Voting USA enables Hispanics have a long history of serv- students to visit official polls on elec- ice to the United States as elected offi- f tion day, accompanied by a parent or cials. The first Hispanic to serve in the CENTENNIAL CELEBRATION FOR guardian, to cast a ballot that rep- Congress was Delegate Joseph Marion INTERNATIONAL BROTHERHOOD licates the official ballot. During the Hernandez of the Territory of Florida OF ELECTRICAL WORKERS last national election, more than 1.5 in 1822. The first Hispanic elected from LOCAL 309 a State was Romualdo Pacheco of Cali- million students voted as part of the ∑ Mr. DURBIN. Mr. President, I rise fornia, who won his race by one vote in Kids Voting USA program. In last today to celebrate the centennial of 1876. Dennis Chavez of New Mexico be- year’s local elections students actively the International Brotherhood of Elec- came the first Hispanic Senator after participated in over 114 cities, coun- trical Workers Local 309 in Collinsville, being elected in 1936. ties, and school districts. In recent years, Hispanic women IL. On September 11, 1902, eleven elec- This year, National Kids Voting have also successfully been elected to trical workers from my hometown of Week is September 11–17, and will coin- the Congress. In 1988, ILEANA ROS- East St. Louis, IL committed to sup- cide with the inauguration of National LEHTINEN became both the first Cuban- port a united labor effort by forming Civic Participation Week. It will be a American and first Hispanic woman their own local chapter. Despite the week that highlights programs and ac- elected to serve in the House of Rep- dangers in developing the electrical in- tivities that lead to greater participa- resentatives. Four years later, she was dustry, the group continued its work tion in elections and the political proc- joined in the House by LYDIA and advanced to become highly trained ess. As we reflect on the events of the VELA´ SQUEZ, the first Puerto Rican and skilled journeymen. last year, National Kids Voting Week woman, and LUCILLE ROYBAL-ALLARD, The group has grown from its eleven will celebrate the vibrant and impor- the first Mexican-American woman. I original members to 1,100 and has tant Kids Voting program by focusing am pleased that the number of His- helped shape the Metro-east and sur- on the hopes and dreams of young citi- panics now serving in the House of rounding areas of southern Illinois. zens. I would like to recognize Kids Representatives has more than doubled Local 309 has been a leader in the elec- Voting USA and all it has done to pro- in the years from 1984 to 2000, from 9 to trical industry, with advancements in mote the future of democracy by en- 21, and I look forward to working with training, organizing, market recovery, gaging families, schools, and commu- Hispanic colleagues in the Senate as and member services. Its apprentice nities in the election process.∑ well. program has been registered in the Government is not the only area United States Department of Labor Bu- f where Hispanics are breaking new reau of Apprenticeship and has been MERCK MECTIZAN DONATION ground. Hispanics are enriching all as- producing skilled and experienced PROGRAM pects of our Nation’s cultural and eco- workers for the past 100 years. It con- ∑ nomic life. Hispanic entrepreneurs, tinues to show its commitment to the Mr. CORZINE. Mr. President, I rise who open up small businesses at a education of its members in this, its today to recognize the 15th anniversary higher rate than that of the general centennial year. of one of the largest and most success- population, fuel our economy and cre- Through their expertise and soli- ful public/private partnerships in ate jobs. Hispanic writers, such as Isa- darity, today’s members of Local 309 health care in the developing world, bel Allende, are not only enriching our continue the legacy of their founders the Merck MECTIZAN Donation Pro- literature, but are also redefining the by uniting the electrical workers of gram. Today, this program provides American experience through their southern Illinois under the common hope to millions, and I am proud to pay novels, such as Portrait of Sepia and goals of fairness, justice, and leader- tribute to Merck & Co., a leading New Daughter of Fortune. Hispanic labor ship in their field. Jersey corporation, for its work on this leaders, following in the footsteps of Congratulations to the members of critical issue. Cesar Chavez, continue to fight for liv- Local 309 on their centennial celebra- On October 21, 1987, Merck & Co., Inc. able wages and safe working condi- tion. Best wishes for the next 100 announced plans to donate MECTIZAN, tions. Roberto Clemente, an athlete years.∑ ivermectin, a medicine Merck discov- and humanitarian, who died while de- f ered to combat river blindness, for as livering much-needed relief supplies to long as it might be needed, wherever Central America, was the first Hispanic NATIONAL KIDS VOTING WEEK needed. Onchocerciasis, ‘‘river blind- elected to the Baseball Hall of Fame ∑ Mr. MCCAIN. Mr. President, I wish to ness’’, is a leading cause of blindness in following a stellar career with the take this opportunity to recognize Kids the developing world. It is a debili- Pittsburgh Pirates. Hispanics have also Voting USA and its efforts to educate tating and disfiguring disease, affect- served honorably in every military en- our children about civic participation, ing millions in sub-Saharan Africa, gagement since the Revolutionary democracy, and the electoral process. parts of Central and South America War—38 have earned the military’s Kids Voting USA is an organization and Yemen in the Middle East. The dis- highest decoration for their bravery, that began in my State, but now ease, which has infected 18 million peo- the Medal of Honor. Louis Caldera, the reaches nearly five million students ple and has left an estimated one mil- eldest son of Mexican immigrants, fol- nationwide. lion people visually impaired or blind, lowed in this tradition of military serv- What began as a fishing trip to Costa is caused by parasitic worms that infil- ice and became the first Hispanic Sec- Rica by three Arizona businessmen has trate, multiply, and spread throughout retary of the Army from 1998–2001. blossomed into an organization that in- the human body.

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.058 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8559 In the global fight against infectious area, a testament to the enormous im- Republican, who lit up a room, who diseases, the lack of public health in- pact he had and the plethora of lasting brought charm and grace along with frastructure contributes to widespread friendships he made during his 25 years him wherever he went, and who and needless suffering even when valu- of service as a top advisor to Congress- touched the hearts of everyone with able drug treatments are available for men and Presidents. whom he came in contact. use. When Merck made the decision to Alan was born and raised in New Alan’s was a life cut short, and he donate MECTIZAN to treat river blind- Britain, CT, and educated at Yale. He will be sorely missed. To Carol, his wife ness, the company understood that first came to Washington in 1965 to of 35 years, and to his sons, Jeremy and while providing the drug for free was serve as executive assistant, and later David, and everyone else in Alan’s fam- necessary, it was not sufficient. They as chief of staff to my father, Senator ily, I offer my most heartfelt condo- also understood that it was critical to THOMAS DODD. By the time Alan left lences for your loss. create a reliable, effective distribution my father’s office in 1971, he was one of But I came to the floor of the Senate system that would ensure MECTIZAN my father’s most valued and trusted today not simply to mourn a loss, I reached the affected millions for as aides. came to the floor to celebrate a life. long as necessary. But Alan did not only add knowledge The life of Alan Kranowitz was truly a The lack of public health care infra- and outstanding political instincts to life well-lived. He touched so many and structure was a tremendous challenge my father’s office. Alan’s wit, good na- every one of us he touched is a better even though MECTIZAN is an easy to ture, and personal appeal made him be- person because of it.∑ administer oral medication that re- loved beyond measure by everyone who f quires only a single annual dose. To was fortunate enough to have known VANESSA SHORT BULL IS MISS that end, a multisector coalition in- him, or to have worked with him, in SOUTH DAKOTA volving Merck, the World Health Orga- my father’s Senate office, and beyond. nization; the World Bank; UNICEF; the After 1971, Alan moved easily be- ∑ Mr. JOHNSON. Mr. President, today Carter Center; Ministries of Health of tween top congressional staff positions I publicly commend Vanessa Short endemic countries; more than thirty and key policy positions in the Nixon, Bull, a resident of Rapid City, South non-governmental development organi- Ford, and Reagan administrations. Dakota, on her selection to represent zations, and local community health Starting off as Senate liaison for the South Dakota in the Miss America workers was created. The Merck U.S. Department of Housing and Urban Pageant in Atlantic City, NJ. MECTIZAN Donation Program is now Development under President Nixon, Vanessa Short Bull’s extraordinary considered by many to be the most im- Alan soon became the chief lobbyist for dedication to educational excellence, portant model for public/private part- the Office of Management and Budget efforts to increase political awareness, nerships for addressing health care in the Nixon and Ford Administra- prodigious ballet talent, and years of issues in the developing world. tions. dedicated practice helped her win the The success and sustainability of the In the mid-1980s, Alan joined the title of Miss South Dakota. Vanessa Merck MECTIZAN Donation Program Reagan White House as a chief legisla- will now be traveling to Atlantic City over the past 15 years demonstrates the tive advisor and liaison, where his en- to compete against other highly tal- power and possibilities in strong and cyclopedic knowledge of policy and his ented women from across our nation creative public/private partnerships to personal ability to bridge differences for the title of Miss America 2002. help address the enormous public between Democrats and Republicans Vanessa obtains the honor of being health challenges facing developing made him a key player in shaping the the first American Indian to be countries today. As a result of the legislative agenda of President Rea- crowned Miss South Dakota. She was MECTIZAN Donation Program, more gan’s second term. born on the Pine Ridge Indian Reserva- than 30 million people are now receiv- Ken Duberstein, President Reagan’s tion, and currently resides in Rapid ing treatment for river blindness annu- Chief of Staff, told The Washington City. She is an enrolled member of the ally. Since the program’s inception, Post and The New York Times that Oglala Sioux Tribe, and a direct de- Merck has donated more than 700 mil- Alan was an invaluable part of Rea- scendent of several great Lakota lead- lion MECTIZAN tablets. Access to gan’s legislative team; that the White ers. Thomas and Darlene Short Bull MECTIZAN has spared millions of chil- House ‘‘relied heavily on [Alan] in de- are Vanessa’s proud parents, and they dren and their families from the risk of termining what was possible and do- deserve special recognition for their infection and the fear of going blind able’’ because Alan always offered ‘‘ab- roles in helping Vanessa obtain this due to river blindness. solutely unbiased, straightforward ad- prestigious honor. Building on the success of the pro- vice.’’ ‘‘Political Awareness and Participa- gram’s fight against river blindness, Aside from working in the White tion’’ is the center of Vanessa’s plat- Merck expanded the program in 1998 to House, in the 1980s, Alan also served as form. She believes it is important for include the donations of MECTIZAN chief of staff to former Representative Americans, especially young people for the prevention of lymphatic fila- Tom Loeffler of Texas, and as a senior and minorities, to become more in- riasis, more commonly known as ele- advisor to House Republican leader Bob volved in the democratic process. She phantiasis, in African countries where Michel. has been actively helping her cause by river blindness and lymphatic filariasis In 1989, Ronald Reagan appointed registering voters and encouraging co-exist. It is estimated that 300 mil- Alan as an original council member of them to get out and vote. Vanessa will lion people in Africa are at risk of this the U.S. Holocaust Memorial Museum perform the classical ballet piece ‘‘The disease. in Washington. Dying Swan’’ for the talent portion of On this, the 15th anniversary of the For the past 12 years, Alan served as the competition. She has danced for Merck MECTIZAN Donation Program, a senior vice president of the National more than 15 years and has studied at I offer praise and gratitude to the Association of Wholesalers-Distribu- the School of Cleveland Ballet, Ballet many partners who have made life bet- tors. West Conservatory, and the University ter for millions of people in the devel- I believe that Alan is best remem- of Utah. oping world.∑ bered in Washington as someone who The Miss America Organization has f brought integrity wherever he went, maintained a tradition of empowering and excelled at whatever he did. In a American women to achieve their per- TRIBUTE TO ALAN KRANOWITZ town where one’s political and institu- sonal and professional goals, while pro- ∑ Mr. DODD. Mr. President, today I tional affiliations often define their ca- viding a forum for them to express pay tribute to a great friend and out- reer options, Alan moved easily from their opinions, talents, and intel- standing public servant, Alan the Senate to the House, from Congress ligence. Vanessa exemplifies this tradi- Kranowitz, who passed away on June 3, to the White House, and from Demo- tion, and provides an excellent example 2002, following a long battle with can- cratic to Republican positions. for other gifted young women to emu- cer. Alan’s loss continues to rever- That’s because it was Alan the man, late. All of South Dakota is proud to berate throughout the Washington D.C. not Alan the Democrat, or Alan the have her represent our great state.

VerDate Sep 04 2002 04:33 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.050 S12PT1 S8560 CONGRESSIONAL RECORD — SENATE September 12, 2002 Vanessa Short Bull is an extraor- A measure of gratitude is also owed His toughness was legendary. Many dinary woman who richly deserves this to a number of individuals, including: times he played with broken bones, distinguished recognition. I strongly Gabe Garcia and Chris Montan˜ o of through unbearable pain. The words he commend her years of hard work and Duranes Elementary School; Judi Pres- said to his teammates before every dedication, and I am very pleased that ton of Video Wizard; Eric Hampleman game embodied his spirit: ‘‘Talk is her substantial efforts are being pub- of Simmons Media; Steve Stucker of cheap, let’s go play.’’ licly honored and celebrated. I wish her KOB–TV; Bill Wood of KRQE–TV; His accomplishments are too numer- the best at the Miss America competi- Bruce Bortner and Ed O’Leary of the ous to mention, but among them are tion, and it is with great honor that I Albuquerque Character Counts Leader- these: 3-time Player of the Year; 3- share her impressive accomplishments ship Council; Carole Smith of APS; time NFL Champion; first quarterback with my colleagues.∑ Terry Eisenbart of Southwest Airlines, to pass for over 40,000 yards; a touch- f who sponsored State Fair festivities for down pass in 47 consecutive games, a feat which is compared to Joe CHARACTER COUNTS AND ALBU- the day. I am very fortunate to represent a DiMaggio’s 56-game hitting streak; 10 QUERQUE’S SEPTEMBER 11 COM- community like Albuquerque where I Pro Bowl selections; Player of the Dec- MEMORATION know we can always count on daily ade for the 1960’s; Greatest Player in ∑ Mr. DOMENICI. Mr. President, I rise acts of Respect, Responsibility, Trust- the First 50 Years of the NFL; NFL today to highlight the contributions of worthiness, Citizenship, Fairness and 75th Anniversary Team; and Hall of a community, dedicated to the spirit of Caring. Those are the pillars of Char- Fame Inductee, 1979. When he retired the Character Counts education move- acter Counts, and it’s why today I con- in 1973, Johnny Unitas held 22 NFL ment, in its commemoration of the gratulate and I deeply thank my neigh- records. first anniversary of the September 11 bors in New Mexico for their daily acts It is not just his accomplishments on terrorist attacks on our Nation. of kindness, courage, and character as the field that endeared him to the fans The Nation as a whole this week took we mark our progress as a nation and a in Baltimore. He was an unassuming time to honor the victims, salute our united community a year after the ter- superstar, a reluctant hero, a regular military men and women fighting the rible attacks on our Nation.∑ guy who happened to be a tremendous war on terrorism, and reaffirm our athlete. He understood that a smile or faith and belief in our great Nation. f a handshake or an autograph could New Mexico communities joined in this TRIBUTE TO JOHNNY UNITAS make a fan’s day. effort, not least among them our larg- ∑ Ms. MIKULSKI. Mr. President, it is He was generous with charities, too, est city, Albuquerque. with sadness that I rise today to pay even as he fell upon difficult financial I rise today to highlight Albuquer- tribute to a man who passed away too times. He established the Johnny que’s tribute because it fused the near- soon, the Man with the Golden Arm, Unitas Golden Arm Educational Foun- ly decade-long effort to build character the great Baltimore Colt, Hall of education into the day-to-day life of dation, and supported various organiza- Famer Johnny Unitas. He was known the city with the community’s desire tions dedicated to children’s causes, to many as the greatest quarterback to to commemorate September 11. cancer research, and victims of sexual This week, some 4,200 Albuquerque ever play in the National Football assault and domestic violence. school children simultaneously re- League. Yet to those of us in Baltimore Johnny Unitas was the underdog who leased helium-filled balloons as part of and Maryland, he was our own Johnny became the greatest quarterback in the a ‘‘Character Counts Soaring Spirits U. He was the man who put profes- history of the National Football Salute’’ to commemorate September sional football on the national map, League. Yet beyond that, he was a fine 11. This balloon launch gave the stu- who embodied the strong spirit of our person who will be sorely missed, not dents a chance to honor the people who city and State. only in Baltimore and Maryland, but lost their lives in last year’s terrorist Johnny Unitas was born in Pitts- across the country. My thoughts and attacks. burgh, but he spent most of his life in prayers are with his family, his friends, But the Character Counts rally had a Baltimore. He was as much a part of and his many, many fans.∑ second purpose. We designed this bal- the fabric of the city as crab cakes and f Cal Ripken. loon launch to lead into the celebra- EXPULSION OF THE ACADIANS tion of National Character Week. Sup- After high school, he wanted to play ∑ porters of the Character Counts initia- football in college at the University of Mr. BREAUX. Mr. President, I rise tive hope this will become a yearly ob- Notre Dame. Yet the coaches there told today to address the injustices the servance built around September 11, him he was too small to play football. British Crown inflicted upon the Aca- and the purpose of the week is to cele- Johnny wound up playing at the Uni- dian people over 200 years ago. Due to brate the acts of kindness and courage versity of Louisville, and was drafted their refusal to take an oath of loyalty we see in our communities every single in 1955 by his hometown Pittsburgh to the King of Great Britain that would day. Steelers. The Steelers promptly cut require them to bear arms against The Character Counts Soaring Spir- him from the team before the 1955 sea- their French ancestors, the British its Salute involved some outstanding son started, telling him that he wasn’t governor exiled them from their homes New Mexico community leaders and smart enough to be a quarterback. and confiscated their property in East- business owners who worked together Pittsburgh’s loss was Baltimore’s ern Canada beginning in 1755. to make this event happen, and serve gain. The Baltimore Colts signed him This action caused great suffering as evidence of a community working in 1956, and the rest is history. In 1958, among the Acadian people as they together to improve itself by pro- he led the Colts to an improbable vic- struggled to find a new home. Forced moting the tenets of good character. I tory in the NFL Championship Game from their homes, many left for the am proud to say these are people who against the New York Giants, a game American colonies. Ultimately, a small routinely rally behind our youth. that is now referred to as ‘‘The Great- group of Acadians found their way to I believe some deserve to be singled est Ever Played.’’ Unitas engineered the Spanish colony of Louisiana in out, including: the New Mexico State the famous 80-yard game-tying drive 1764. In the next twenty-five years, Fair; Excel Staffing Companies; MCI; with less than 2 minutes to play in reg- over 2,600 made the journey to Lou- Albuquerque Public Schools, (APS); ulation, then led the Colts to victory in isiana. KISS–FM; Public Service Company of overtime. This was the first overtime These refugees ultimately settled in New Mexico; Valley Distributing; Greg game ever played in the NFL. The leg- Louisiana and created the Cajun cul- Cook Productions; Dave Gardun˜ o of end of Johnny Unitas was soon born. ture which has so richly influenced Gardun˜ o’s Restaurants; as well as the His trademark crew-cut and black Louisiana since that time. While Lou- men and women of the 58th Special Op- high-top cleats were copied by boys all isiana culture benefited greatly from erations Wing and the New Mexico Na- over Baltimore, Maryland, and the en- the Acadian expulsion, the suffering of tional Guard of Kirtland Air Force tire country. Every kid wanted to be the Acadian people must never be for- Base in Albuquerque. number 19. gotten.

VerDate Sep 04 2002 04:33 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.095 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8561 Great Britain is one of our closest al- MESSAGE FROM THE HOUSE Affairs, Department of Justice, transmit- lies. We have a long history of coopera- ting, pursuant to law, the Report on the Ad- tion and friendship. It is for this very ministration of the Foreign Agents Registra- ENROLLED BILLS SIGNED tion Act for the period July 1, 2002 through reason I believe and hope the British December 31, 2001; to the Committee on For- government would acknowledge this Under the authority of the Senate of eign Relations. tragic incident and the difficulties it January 3, 2001, the Secretary of the EC–8916. A communication from the Dep- caused for thousands of my Cajun an- Senate, on September 11, 2002, during uty Secretary, Division of Corporation Fi- cestors.∑ the recess of the Senate, received a nance, Securities and Exchange Commission, message from the House of Representa- transmitting, pursuant to law, the report of f tives announcing that the Speaker has a rule entitled ‘‘Acceleration of Periodic Re- port Filing Dates and Disclosure Concerning MESSAGES FROM THE PRESIDENT signed the following enrolled bills: Website Access to Reports’’ (RIN3235–AI33) Messages from the President of the H.R. 3287. An act to redesignate the facil- received on September 9, 2002; to the Com- ity of the United States Postal Service lo- United States were communicated to mittee on Banking, Housing, and Urban Af- cated at 900 Brentwood Road, NE, in Wash- fairs. the Senate by Ms. Evans, one of his ington, D.C., as the ‘‘Joseph Curseen, Jr. and EC–8917. A communication from the In- secretaries. Thomas Morris, Jr. Processing and Distribu- spector General, Railroad Retirement Board, tion Center’’. transmitting, pursuant to law, the Budget f H.R. 3917. An act to authorize a national Request for the Office of the Inspector Gen- memorial to commemorate the passengers eral for Fiscal Year 2004; to the Committee EXECUTIVE MESSAGES REFERRED and crew of Flight 93 who, on September 11, on Health, Education, Labor, and Pensions. As in executive session the PRE- 2001, courageously gave their lives thereby EC–8918. A communication from the Rail- SIDING OFFICER laid before the Sen- thwarting a planned attack on our Nation’s road Retirement Board, transmitting, pursu- ate messages from the President of the Capital, and for other purposes. ant to law, the Budget Request for Fiscal Year 2004 ; to the Committee on Health, Edu- United States submitting sundry nomi- H.R. 5207. An act to designate the facility of the United States Postal Service located cation, Labor, and Pensions. nations which were referred to the ap- at 6101 West Old Shakopee Road in Bloom- EC–8919. A communication from the Chief, propriate committees. ington, Minnesota, as the ‘‘Thomas E. Bur- Regulations Division, Bureau of Alcohol, To- (The nominations received today are nett, Jr. Post Office Building’’. bacco, and Firearms, Department of the Treasury, transmitting, pursuant to law, the printed at the end of the Senate pro- f ceedings.) report of a rule entitled ‘‘Addition of Tannat MEASURE PLACED ON THE as a Grape Variety Name for American f CALENDAR Wines’’ (RIN1512–AC50) received on Sep- tember 9, 2002; to the Committee on Finance. NOTICE STATING THAT THE CON- The following bill was read the sec- EC–8920. A communication from the Chief, TINUATION OF THE NATIONAL ond time, and placed on the calendar: Regulations Division, Bureau of Alcohol, To- EMERGENCY WITH RESPECT TO S. 2924. A bill to authorize the President to bacco and Firearms, transmitting, pursuant award posthumously the Congressional Gold to law , the report of a rule entitled ‘‘T.D. THE TERRORIST ATTACKS ON ATF–482, Expansion of the Lodi Viticultural THE UNITED STATES OF SEP- Medal to the passengers and crew of United Airlines Flight 93 in the aftermath of the Area’’ (RIN1512–AC92) received on September TEMBER 11, 2001 IS TO CONTINUE terrorist attack on the United States on Sep- 9, 2002; to the Committee on Finance. IN EFFECT BEYOND SEPTEMBER tember 11, 2001. EC–8921. A communication from the Chief 14, 2002—PM 107 of the Regulations Unit, Internal Revenue f Service, Department of the Treasury, trans- The PRESIDING OFFICER laid be- EXECUTIVE AND OTHER mitting, pursuant to law, the report of a rule fore the Senate the following message COMMUNICATIONS entitled ‘‘Weighted Average Interest Rate from the President of the United Update Notice’’ (Notice 2002–61) received on States, together with an accompanying The following communications were September 9, 2002; to the Committee on Fi- report; which was referred to the Com- laid before the Senate, together with nance. mittee on Banking, Housing, and accompanying papers, reports, and doc- EC–8922. A communication from the Ad- ministrator, Dairy Programs, Agricultural Urban Affairs: uments, which were referred as indi- cated: Marketing Service, transmitting, pursuant To the Congress of the United States: to law, the report of a rule entitled ‘‘Fluid Section 202(d) of the National Emer- EC–8910. A communication from the Assist- Milk Promotion Order; Final Rule’’ (Doc. No. gencies Act, 50 U.S.C. 1622(d), provides ant Secretary for Legislative Affairs, De- DA–02–02) received on August 15, 2002; to the for the automatic termination of a na- partment of State, transmitting, pursuant to Committee on Agriculture, Nutrition, and law, a report covering defense articles and tional emergency unless, prior to the Forestry. services that were licensed for export under EC–8923. A communication from the Ad- anniversary date of its declaration, the section 38 of the Arms Export Control Act ministrator, Dairy Programs, Agricultural President publishes in the Federal Reg- during Fiscal Year 2001; to the Committee on Marketing Service, transmitting, pursuant ister and transmits to the Congress a Foreign Relations. to law, the report of a rule entitled ‘‘Tart notice stating that the emergency is to EC–8911. A communication from the Under Cherries Grown in the States of Michigan, continue in effect beyond the anniver- Secretary of Defense, Personnel and Readi- New York, Pennsylvania, Oregon, Utah, sary date. In accordance with this pro- ness, transmitting, the report of a retire- Washington and Wisconsin; Order Amending vision, I have sent to the Federal Reg- ment; to the Committee on Armed Services. Marketing Agreement and Order No. 930’’ EC–8912. A communication from the Sec- ister the enclosed notice, stating that (Doc. No. AO–370–A7) received on August 15, retary of Transportation, transmitting, pur- 2002; to the Committee on Agriculture, Nu- the emergency declared with respect to suant to law, a Report to Congress: U.S. De- trition, and Forestry. the terrorist attacks on the United partment of Transportation Research and EC–8924. A communication from the Ad- States of September 11, 2001, is to con- Development, Competitive Merit Review Se- ministrator, Dairy Programs, Agricultural tinue in effect for 1 year. Proclamation lection and Performance Measurement Eval- Marketing Service, transmitting, pursuant 7463, Declaration of National Emer- uation; to the Committee on Environment to law, the report of a rule entitled ‘‘Or- gency by Reason of Certain Terrorist and Public Works. anges, Grapefruit, Tangerines, and Tangelos EC–8913. A communication from the Sec- Attacks, was published in the Federal Grown in Florida; Change in the Minimum retary, Postal Rate Commission, transmit- Maturity Requirements for Fresh Grape- Register on September 18, 2001 (66 Fed. ting, pursuant to law, the report of a nomi- fruit’’ (Doc. No. FV02–905–2 IFR) received on Reg. 48199) nation confirmed for the position of Commis- August 15, 2002; to the Committee on Agri- The terrorist threat that led to the sioner, received on September 9, 2002; to the culture, Nutrition, and Forestry. declaration on September 4, 2001, of a Committee on Governmental Affairs. EC–8925. A communication from the Ad- national emergency continues. For this EC–8914. A communication from the Acting ministrator, Dairy Programs, Agricultural reason, I have determined that it is Assistant Attorney General for Administra- Marketing Service, transmitting, pursuant necessary to continue in effect after tion, Justice Management Division, Depart- to law, the report of a rule entitled ‘‘Hass ment of Justice, transmitting, pursuant to September 14, 2002, the national emer- Avocado Promotion, Research and Informa- law, the report of a rule entitled ‘‘Inmate tion Order’’ (Doc. No. FV–01–705–FR) received gency with respect to the terrorist Central Records System’’ received on August on August 15, 2002; to the Committee on Ag- threat. 15, 2002; to the Committee on the Judiciary. riculture, Nutrition, and Forestry. GEORGE W. BUSH. EC–8915. A communication from the Assist- EC–8926. A communication from the Regu- THE WHITE HOUSE, September 12, 2002. ant Attorney General, Office of Legislative lations Officer, Federal Motor Carrier Safety

VerDate Sep 04 2002 04:35 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.055 S12PT1 S8562 CONGRESSIONAL RECORD — SENATE September 12, 2002 Administration, Department of Transpor- Model HH 1K, TH 1F, UH 1A, UH 1B, UH 1E, EC–8944. A communication from the Pro- tation, transmitting, pursuant to law, the re- UH 1F, UH 1H, UH 1L, and UH 1P; and SW gram Analyst of the Federal Aviation Ad- port of a rule entitled ‘‘Registration Enforce- Florida Aviation SW204, SW205, SW205A 1 ministration, Department of Transportation, ment’’ (RIN2126–AA78) received on Sep- Helicopters Manufactured by Bell Helicopter transmitting, pursuant to law, the report of tember 9, 2002; to the Committee on Com- Textron, Inc. for the Armed Forces of the a rule entitled ‘‘Establishment of Class E merce, Science, and Transportation. United States’’ (RIN2120–AA64) received on Airspace; Scott Field Airport, Mangum, OK’’ EC–8927. A communication from the Pro- September 9, 2002; to the Committee on Com- (RIN2120–AA66) received on September 9, gram Analyst of the Federal Aviation Ad- merce, Science, and Transportation. 2002; to the Committee on Commerce, ministration, Department of Transportation, EC–8936. A communication from the Pro- Science, and Transportation. transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- EC–8945. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- Diamond Aircraft Industries GmbH Models transmitting, pursuant to law, the report of ministration, Department of Transportation, H–36, HK 36R, HK 36 TC, HK 36 TS, HK 36 a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of TTC, HK 36 TTC–ECO, HK 36 TTC–ECO and Eurocopter France Model DC120B, EC 155B, a rule entitled ‘‘Establishment of Class E HK 36 TTS Sailplanes’’ (RIN2120–AA64) re- SA330F, SA330G, SA330J, AS332C, AS332L, Airspace; Annapolis, MD’’ (RIN2120–AA66) re- ceived on September 9, 2002; to the Com- AS332L1, AS332L2, AS350B, AS350BA, ceived on September 9, 2002; to the Com- mittee on Commerce, Science, and Transpor- AS350B1, AS350B2, AS350B3, AS350D, AS355E, mittee on Commerce, Science, and Transpor- tation. AS355F, AS355F1, AS355F2, AS355N, AS365N2, tation. EC–8928. A communication from the Pro- AS365N3, SA–365N and SA365N1 Helicopter’’ EC–8946. A communication from the Pro- gram Analyst of the Federal Aviation Ad- (RIN2120–AA64) received on September 9, gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, 2002; to the Committee on Commerce, ministration, Department of Transportation, transmitting, pursuant to law, the report of Science, and Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: de EC–8937. A communication from the Pro- a rule entitled ‘‘Amendment to Class E Air- Havilland Inc. Models DHC 2, MK 1, DHC 2 gram Analyst of the Federal Aviation Ad- space; Norton, KS’’ (RIN2120–AA66) received MK II, and DHC 2 MK III Airplanes’’ ministration, Department of Transportation, on September 9, 2002; to the Committee on (RIN2120–AA64) received on September 9, transmitting, pursuant to law, the report of Commerce, Science, and Transportation. 2002; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: EC–8947. A communication from the Pro- Science, and Transportation. McDonnell Douglas Model DC–8–21, 31, 32, 33, gram Analyst of the Federal Aviation Ad- EC–8929. A communication from the Pro- 41, 42, and 43 Airplanes; and Model DC 8 50, ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- 60, and 70 Series Airplanes; Modified per Sup- transmitting, pursuant to law, the report of ministration, Department of Transportation, plemental Type Certificates SA 1063S0, SA a rule entitled ‘‘Modification of Class E Air- transmitting, pursuant to law, the report of 1862S0, or SA1832S0’’ (RIN2120–AA64) received space; Bloomington, IN; Correction’’ a rule entitled ‘‘Airworthiness Directives: on September 9, 2002; to the Committee on (RIN2120–AA66) received on September 9, Cessna Model 650 Airplanes’’ (RIN2120–AA64) Commerce, Science, and Transportation. 2002; to the Committee on Commerce, EC–8938. A communication from the Pro- received on September 9, 2002; to the Com- Science, and Transportation. mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- EC–8948. A communication from the Pro- ministration, Department of Transportation, tation. gram Analyst of the Federal Aviation Ad- EC–8930. A communication from the Pro- transmitting, pursuant to law, the report of ministration, Department of Transportation, a rule entitled ‘‘Establishment of Class D gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Airspace; Stillwater Municipal Airport, ministration, Department of Transportation, a rule entitled ‘‘Revision of Class E Airspace; Stillwater, OK’’ (RIN2120–AA66) received on transmitting, pursuant to law, the report of Cold Bay, AK’’ (RIN2120–AA66) received on September 9, 2002; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: September 9, 2002; to the Committee on Com- McDonnell Douglas Model MD 11 and 11F merce, Science, and Transportation. EC–8939. A communication from the Pro- merce, Science, and Transportation. Airplanes’’ (RIN2120–AA64) received on Sep- EC–8949. A communication from the Pro- gram Analyst of the Federal Aviation Ad- tember 9, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ministration, Department of Transportation, merce, Science, and Transportation. transmitting, pursuant to law, the report of EC–8931. A communication from the Pro- a rule entitled ‘‘Revision of Class E Airspace; transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- Springhill, LA’’ (RIN2120–AA66) received on a rule entitled ‘‘Revision of Class E Airspace; ministration, Department of Transportation, September 9, 2002; to the Committee on Com- Cordova, AK’’ (RIN2120–AA66) received on transmitting, pursuant to law, the report of merce, Science, and Transportation. September 9, 2002; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: EC–8940. A communication from the Pro- merce, Science, and Transportation. McDonnell Douglas Model MD 11 Airplanes’’ gram Analyst of the Federal Aviation Ad- EC–8950. A communication from the Pro- (RIN2120–AA64) received on September 9, ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- 2002; to the Committee on Commerce, transmitting, pursuant to law, the report of ministration, Department of Transportation, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of EC–8932. A communication from the Pro- Honeywell International Inc. Turboshaft En- a rule entitled ‘‘Revision of Class E Airspace; gram Analyst of the Federal Aviation Ad- gines’’ (RIN2120–AA64) received on Sep- Nuiqsut, AK’’ (RIN2120–AA66) received on ministration, Department of Transportation, tember 9, 2002; to the Committee on Com- September 9, 2002; to the Committee on Com- transmitting, pursuant to law, the report of merce, Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: EC–8941. A communication from the Pro- EC–8951. A communication from the Pro- McDonnell Douglas Model MD 11 and 11 F gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- Airplanes’’ (RIN2120–AA64) received on Sep- ministration, Department of Transportation, ministration, Department of Transportation, tember 9, 2002; to the Committee on Com- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Revision of Class E Airspace; EC–8933. A communication from the Pro- Bell Helicopter Textron Canada Model 222, Buckland, AK’’ (RIN2120–AA66) received on gram Analyst of the Federal Aviation Ad- 222B, 222U, and 230 Helicopter’’ (RIN2120– September 9, 2002; to the Committee on Com- ministration, Department of Transportation, AA64) received on September 9, 2002; to the merce, Science, and Transportation. transmitting, pursuant to law, the report of Committee on Commerce, Science, and EC–8952. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Transportation. gram Analyst of the Federal Aviation Ad- Fokker Model F.28 Mark 0070, 0100, 2000, 3000, EC–8942. A communication from the Pro- ministration, Department of Transportation, and 4000 Series Airplanes’’ (RIN2120–AA64) gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of received on September 9, 2002; to the Com- ministration, Department of Transportation, a rule entitled ‘‘Revision to Class D and mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of Class E Airspace; Medford, OR’’ (RIN2120– tation. a rule entitled ‘‘Airworthiness Directives: AA66) received on September 9, 2002; to the EC–8934. A communication from the Pro- Bell Helicopter Textron, Inc. Model 204B, Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- 205A, A–1, and B Helicopters’’ (RIN2120–AA64) Transportation. ministration, Department of Transportation, received on September 9, 2002; to the Com- EC–8953. A communication from the Pro- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: tation. ministration, Department of Transportation, Turbomeca Makila 1 A, 1 A1, and 1 A2 Turbo- EC–8943. A communication from the Pro- transmitting, pursuant to law, the report of shaft Engines’’ (RIN2120–AA64) received on gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Modification of Class E Air- September 9, 2002; to the Committee on Com- ministration, Department of Transportation, space; Coppertown, MT’’ (RIN2120–AA66) re- merce, Science, and Transportation. transmitting, pursuant to law, the report of ceived on September 9, 2002; to the Com- EC–8935. A communication from the Pro- a rule entitled ‘‘Establishment of Class E mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- Airspace; Aberdeen Field Airport, Smith- tation. ministration, Department of Transportation, field, VA’’ (RIN2120–AA66) received on Sep- EC–8954. A communication from the Pro- transmitting, pursuant to law, the report of tember 9, 2002; to the Committee on Com- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. ministration, Department of Transportation,

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.037 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8563 transmitting, pursuant to law, the report of curity Zone Regulations; Portsmouth Har- (Puchatek) Sailplanes’’ ((RIN2120– a rule entitled ‘‘Revision of Class E Airspace; bor, Portsmouth, NH’’ ((RIN2115–AA97)(2002– AA64)(2002–0396)) received on September 9, Kodiak, AK’’ (RIN2120–AA66) received on 0185)) received on September 9, 2002; to the 2002; to the Committee on Commerce, September 9, 2002; to the Committee on Com- Committee on Commerce, Science, and Science, and Transportation. merce, Science, and Transportation. Transportation. EC–8973. A communication from the Para- EC–8955. A communication from the Chief EC–8964. A communication from the Chief legal Specialist, Federal Aviation Adminis- of Regulations and Administrative Law, of Regulations and Administrative Law, tration, Department of Transportation, United States Coast Guard, Department of United States Coast Guard, Department of transmitting, pursuant to law, the report of Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives: law, the report of a rule entitled ‘‘Safety/Se- law, the report of a rule entitled ‘‘Training Bombardier Model CL–600–2B19 Series Air- curity Zone Regulations; Oilrig Construction and Qualifications for Personnel on Pas- planes’’ ((RIN2120–AA64)(2002–0384)) received Project Portland Harbor, Portland, ME’’ senger Ships’’ (RIN2115–AF83) received on on September 9, 2002; to the Committee on ((RIN2115–AA97)(2002–0184)) received on Sep- September 9, 2002; to the Committee on Com- Commerce, Science, and Transportation. tember 9, 2002; to the Committee on Com- merce, Science, and Transportation. EC–8974. A communication from the Para- merce, Science, and Transportation. EC–8965. A communication from the Chief legal Specialist, Federal Aviation Adminis- EC–8956. A communication from the Chief of Regulations and Administrative Law, tration, Department of Transportation, of Regulations and Administrative Law, United States Coast Guard, Department of transmitting, pursuant to law, the report of United States Coast Guard, Department of Transportation, transmitting, pursuant to a rule entitled ‘‘Airspace Action Establish- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Draw- ment of Class D and Class E4 Airspace; St. law, the report of a rule entitled ‘‘Safety/Se- bridge Regulations; Long Island, New York Augustine, FL’’ ((RIN2120–AA66)(2002–0140)) curity Zone Regulations; East River, Man- Inland Waterway from East Rockaway Inlet received on September 9, 2002; to the Com- hattan, NY’’ ((RIN2115–AA97)(2002–0183)) re- to Shinnecock Canal, NY’’ ((RIN2115– mittee on Commerce, Science, and Transpor- ceived on September 9, 2002; to the Com- AE47)(2002–0080)) received on September 9, tation. mittee on Commerce, Science, and Transpor- 2002; to the Committee on Commerce, EC–8975. A communication from the Para- tation. Science, and Transportation. legal Specialist, Federal Aviation Adminis- EC–8957. A communication from the Chief EC–8966. A communication from the Chief tration, Department of Transportation, of Regulations and Administrative Law, of Regulations and Administrative Law, transmitting, pursuant to law, the report of United States Coast Guard, Department of United States Coast Guard, Department of a rule entitled ‘‘Airspace Actions Amend- Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to ment to Gordon, NE Class E Airspace Area’’ law, the report of a rule entitled ‘‘Temporary law, the report of a rule entitled ‘‘Draw- ((RIN2120–AA66)(2002–0139)) received on Sep- Requirements for Notification of Arrival in bridge Regulations (2 regulations)’’ tember 9, 2002; to the Committee on Com- U.S. Ports’’ (RIN2115–AG47) received on Sep- ((RIN2115–AE47)(2002–0081)) received on Sep- merce, Science, and Transportation. EC–8976. A communication from the Para- tember 9, 2002; to the Committee on Com- tember 9, 2002; to the Committee on Com- legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. merce, Science, and Transportation. EC–8958. A communication from the Chief EC–8967. A communication from the Para- tration, Department of Transportation, of Regulations and Administrative Law, legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: United States Coast Guard, Department of tration, Department of Transportation, Boeing Model 737–600, 700, 700C, 800, and 900 Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of Series Airplanes’’ ((RIN2120–AA64)(2002–0391)) law, the report of a rule entitled ‘‘Safety/Se- a rule entitled ‘‘Airspace Actions Amend- received on September 9, 2002; to the Com- curity Zone Regulations; San Diego Bay, ment to Caruthersville, MO Class E Airspace mittee on Commerce, Science, and Transpor- CA’’ ((RIN2115–AA97)(2002–0179)) received on Area’’ ((RIN2120–AA66)(2002–0141)) received on tation. September 9, 2002; to the Committee on Com- September 9, 2002; to the Committee on Com- EC–8977. A communication from the Para- merce, Science, and Transportation. merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- EC–8959. A communication from the Chief EC–8968. A communication from the Para- tration, Department of Transportation, of Regulations and Administrative Law, legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of United States Coast Guard, Department of tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of Dornier Model 328–100 and 328–300 Series Air- law, the report of a rule entitled ‘‘Regatta a rule entitled ‘‘Airworthiness Directives: planes’’ ((RIN2120–AA64)(2002–0390)) received Regulations; St. Mary’s River, St. Mary’s Airbus Model A300 B4–600, B4–600R, and F4– on September 9, 2002; to the Committee on City, MD’’ ((RIN2115–AE46)(2002–0030)) re- 600R (Collectively Called A300–600) Series Commerce, Science, and Transportation. ceived on September 9, 2002; to the Com- Airplanes; and Model A310 Series Airplanes’’ EC–8978. A communication from the Para- mittee on Commerce, Science, and Transpor- ((RIN2120–AA64)(2002–0393)) received on Sep- legal Specialist, Federal Aviation Adminis- tation. tember 9, 2002; to the Committee on Com- tration, Department of Transportation, EC–8960. A communication from the Chief merce, Science, and Transportation. transmitting, pursuant to law, the report of of Regulations and Administrative Law, EC–8969. A communication from the Para- a rule entitled ‘‘Airspace Actions Modifica- United States Coast Guard, Department of legal Specialist, Federal Aviation Adminis- tion of the Memphis International Airport Transportation, transmitting, pursuant to tration, Department of Transportation, Class B Airspace Area’’ ((RIN2120–AA66)(2002– law, the report of a rule entitled ‘‘Safety/Se- transmitting, pursuant to law, the report of 0142)) received on September 9, 2002; to the curity Zone Regulations; High Interest Ves- a rule entitled ‘‘Airworthiness Directives: Committee on Commerce, Science, and sel Transits, Narragansett Bay, Providence, Boeing Model 777 Series Airplanes’’ Transportation. RI’’ ((RIN2115–AA97)(2002–0180)) received on ((RIN2120–AA64)(2002–0389)) received on Sep- EC–8979. A communication from the Para- September 9, 2002; to the Committee on Com- tember 9, 2002; to the Committee on Com- legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. merce, Science, and Transportation. tration, Department of Transportation, EC–8961. A communication from the Chief EC–8970. A communication from the Para- transmitting, pursuant to law, the report of of Regulations and Administrative Law, legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: United States Coast Guard, Department of tration, Department of Transportation, McDonnell Douglas Model 717–200 Airplanes’’ Transportation, transmitting, pursuant to transmitting, pursuant to law, the report of ((RIN2120–AA64)(2002–0392)) received on Sep- law, the report of a rule entitled ‘‘Safety/Se- a rule entitled ‘‘Airworthiness Directives: tember 9, 2002; to the Committee on Com- curity Zone Regulations; Ventura Offshore Airbus Model A330 and A340 Series Air- merce, Science, and Transportation. Gran Prix , Ventura, California’’ ((RIN2115– planes’’ ((RIN2120–AA64)(2002–0388)) received EC–8980. A communication from the Para- AA97)(2002–0181)) received on September 9, on September 9, 2002; to the Committee on legal Specialist, Federal Aviation Adminis- 2002; to the Committee on Commerce, Commerce, Science, and Transportation. tration, Department of Transportation, Science, and Transportation. EC–8971. A communication from the Para- transmitting, pursuant to law, the report of EC–8962. A communication from the Chief legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: of Regulations and Administrative Law, tration, Department of Transportation, Boeing Model 777 Series Airplanes’’ United States Coast Guard, Department of transmitting, pursuant to law, the report of ((RIN2120–AA64)(2002–0385)) received on Sep- Transportation, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives: tember 9, 2002; to the Committee on Com- law, the report of a rule entitled ‘‘Safety/Se- Dornier Model 328–100 and 300 Series Air- merce, Science, and Transportation. curity Zone Regulations; East River, Man- planes’’ ((RIN2120–AA64)(2002–0394)) received EC–8981. A communication from the Para- hattan, NY’’ ((RIN2115–AA97)(2002–0182)) re- on September 9, 2002; to the Committee on legal Specialist, Federal Aviation Adminis- ceived on September 9, 2002; to the Com- Commerce, Science, and Transportation. tration, Department of Transportation, mittee on Commerce, Science, and Transpor- EC–8972. A communication from the Para- transmitting, pursuant to law, the report of tation. legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: EC–8963. A communication from the Chief tration, Department of Transportation, Boeing Model DHC–8–100, 200, and 300 Series of Regulations and Administrative Law, transmitting, pursuant to law, the report of Airplanes’’ ((RIN2120–AA64)(2002–0386)) re- United States Coast Guard, Department of a rule entitled ‘‘Airworthiness Directives: ceived on September 9, 2002; to the Com- Transportation, transmitting, pursuant to Request for Comments; Barry Aviation, LLC mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Safety/Se- Model PZL-Krosno KR–03A ‘‘Peregrine’’ tation.

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.039 S12PT1 S8564 CONGRESSIONAL RECORD — SENATE September 12, 2002 EC–8982. A communication from the Para- EC–8991. A communication from the Para- EC–9000. A communication from the Para- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, tration, Department of Transportation, tration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: Turbomeca SA Arriel Models 2 SI, 2B, and 2C Hartzell Propeller Inc. HC–A3V, HC–B3M, Raytheon Model BAe.125 Series 100A Air- Turboshaft Engines’’ ((RIN2120–AA64)(2002– HC–B3T, HC–B4M, HC–B4T, and HC–B5M Se- planes and Model Hawker 1000 Airplanes’’ 0387)) received on September 9, 2002; to the ries Propellers; Correction’’ ((RIN2120– ((RIN2120–AA64)(2002–0405)) received on Sep- Committee on Commerce, Science, and AA64)(2002–0400)) received on September 9, tember 9, 2002; to the Committee on Com- Transportation. 2002; to the Committee on Commerce, merce, Science, and Transportation. EC–8983. A communication from the Para- Science, and Transportation. EC–9001. A communication from the Para- legal Specialist, Federal Aviation Adminis- EC–8992. A communication from the Para- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, transmitting, pursuant to law, the report of tration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘IFR Altitudes; Miscella- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: neous Amendments Amendment No. 437’’ a rule entitled ‘‘Airworthiness Directives: Pratt and Whitney JT8D Turbofan Engines’’ ((RIN2120–AA63)(2002–0008)) received on Sep- McDonnell Douglas Model MD–11 Airplanes’’ ((RIN2120–AA64)(2002–0407)) received on Sep- tember 9, 2002; to the Committee on Com- ((RIN2120–AA64)(2002–0401)) received on Sep- tember 9, 2002; to the Committee on Com- merce, Science, and Transportation. tember 9, 2002; to the Committee on Com- merce, Science, and Transportation. EC–8984. A communication from the Para- merce, Science, and Transportation. EC–9002. A communication from the Para- legal Specialist, Federal Aviation Adminis- EC–8993. A communication from the Para- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, transmitting, pursuant to law, the report of tration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus Model A320 and A321 Series Air- a rule entitled ‘‘Standard Instrument Ap- Learjet Model 45 Airplanes’’ ((RIN2120– planes’’ ((RIN2120–AA64)(2002–0397)) received proach Procedures; Miscellaneous Amend- AA64)(2002–0406)) received on September 9, on September 9, 2002; to the Committee on ments 37 Amendment No. 3017’’ ((RIN2120– 2002; to the Committee on Commerce, Commerce, Science, and Transportation. AA65)(2002–0049)) received on September 9, Science, and Transportation. EC–8985. A communication from the Para- 2002; to the Committee on Commerce, EC–9003. A communication from the Para- legal Specialist, Federal Aviation Adminis- Science, and Transportation. legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, EC–8994. A communication from the Para- tration, Department of Transportation, transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- tration, Department of Transportation, a rule entitled ‘‘Amendment Class D Air- proach Procedures; Miscellaneous Amend- transmitting, pursuant to law, the report of space; White Plains NY’’ ((RIN2120– ments 27 Amendment No. 3019’’ ((RIN2120– a rule entitled ‘‘Standard Instrument Ap- AA66)(2002–0146)) received on September 9, AA65)(2002–0045)) received on September 9, proach Procedures; Miscellaneous Amend- 2002; to the Committee on Commerce, 2002; to the Committee on Commerce, ments 14 Amendment No. 3018’’ (RIN2120– Science, and Transportation. Science, and Transportation. AA65)(2002–0050)) received on September 9, EC–9004. A communication from the Para- EC–8986. A communication from the Para- 2002; to the Committee on Commerce, legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- Science, and Transportation. tration, Department of Transportation, EC–8995. A communication from the Para- tration, Department of Transportation, transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- tration, Department of Transportation, a rule entitled ‘‘Standard Instrument Ap- space Gordonsville, VA’’ ((RIN2120– transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- AA66)(2002–0145)) received on September 9, a rule entitled ‘‘Airspace Action Amend ments 53 Amendment No. 3020’’ ((RIN2120– 2002; to the Committee on Commerce, Class E Airspace: Seneca Falls, NY’’ AA65)(2002–0046)) received on September 9, Science, and Transportation. ((RIN2120–AA66)(2002–0143)) received on Sep- 2002; to the Committee on Commerce, EC–9005. A communication from the Para- tember 9, 2002; to the Committee on Com- Science, and Transportation. legal Specialist, Federal Aviation Adminis- merce, Science, and Transportation. EC–8987. A communication from the Para- tration, Department of Transportation, EC–8996. A communication from the Para- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Establishment of Class E tration, Department of Transportation, tration, Department of Transportation, transmitting, pursuant to law, the report of Airspace; Poplarville, MS’’ ((RIN2120– transmitting, pursuant to law, the report of AA66)(2002–0148)) received on September 9, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Amend Class E Airspace; Boeing Model 737–100, 200, 200C, 300, 400, and 2002; to the Committee on Commerce, Mount Pocono, PA’’ ((RIN2120–AA66)(2002– Science, and Transportation. 500 Series Airplanes’’ ((RIN2120–AA64)(2002– 0144)) received on September 9, 2002; to the 0399)) received on September 9, 2002; to the EC–9006. A communication from the Para- Committee on Commerce, Science, and legal Specialist, Federal Aviation Adminis- Committee on Commerce, Science, and Transportation. Transportation. tration, Department of Transportation, EC–8997. A communication from the Para- transmitting, pursuant to law, the report of EC–8988. A communication from the Para- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Amendment to Class E Air- tration, Department of Transportation, space Cordova, AK’’ ((RIN2120–AA66)(2002– tration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of 0147)) received on September 9, 2002; to the a rule entitled ‘‘Airworthiness Directives: Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives: Diamond Aircraft Industries GmbH Models Transportation. Bell Helicopter Textron, a Division of Tex- HK 36R ‘‘Super Dimona’’, HK 36TC, HK 36TS, tron Canada, Model 407 Helicopters’’ HK 36 TTC, HK 36 TTC–ECO, HK 36 TTC–ECO f ((RIN2120–AA64)(2002–0398)) received on Sep- (Restricted Category), and HK 36 TTS Sail- REPORTS OF COMMITTEES tember 9, 2002; to the Committee on Com- planes’’ ((RIN2120–AA64)(2002–0402)) received merce, Science, and Transportation. on September 9, 2002; to the Committee on The following reports of committees EC–8989. A communication from the Para- Commerce, Science, and Transportation. were submitted: legal Specialist, Federal Aviation Adminis- EC–8998. A communication from the Para- By Mr. BINGAMAN, from the Committee tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- on Energy and Natural Resources, with transmitting, pursuant to law, the report of tration, Department of Transportation, amendments: a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of S. 1069: A bill to amend the National Trails proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Airworthiness Directives: System Act to clarify Federal authority re- ments 23 Amendment No. 3016’’ ((RIN2120– Ballonbau Worner GmbH Model K–630/1Stu lating to land acquisition from willing sell- AA65)(2002–0048)) received on September 9, Manned Free Gas Balloons’’ ((RIN2120– ers for the majority of the trails in the Sys- 2002; to the Committee on Commerce, AA64)(2002–0403)) received on September 9, tem, and for other purposes. (Rept. No. 107– Science, and Transportation. 2002; to the Committee on Commerce, 276). EC–8990. A communication from the Para- Science, and Transportation. By Mr. BINGAMAN, from the Committee legal Specialist, Federal Aviation Adminis- EC–8999. A communication from the Para- on Energy and Natural Resources, with an tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- amendment in the nature of a substitute: transmitting, pursuant to law, the report of tration, Department of Transportation, S. 2482: A bill to direct the Secretary of the a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of Interior to grant to Deschutes and Crook proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Airworthiness Directives: Counties in the State of Oregon a right-of- ments 27 Amendment No. 3015’’ ((RIN2120– Boeing Model 727 Series Airplanes’’ way to West Butte Road. (Rept. No. 107–277). AA65)(2002–0047)) received on September 9, ((RIN2120–AA64)(2002–0404)) received on Sep- By Mr. BIDEN, from the Committee on 2002; to the Committee on Commerce, tember 9, 2002; to the Committee on Com- Foreign Relations, with an amendment in Science, and Transportation. merce, Science, and Transportation. the nature of a substitute:

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.041 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8565 S. 2712: A bill to authorize economic and SUBMISSION OF CONCURRENT AND ation of research centers regarding en- democratic development assistance for Af- SENATE RESOLUTIONS vironmental factors that may be re- ghanistan and to authorize military assist- lated to the etiology of breast cancer. ance for Afghanistan and certain other for- The following concurrent resolutions S. 913 eign countries. (Rept. No. 107–278). and Senate resolutions were read, and By Mr. LEAHY, from the Committee on referred (or acted upon), as indicated: At the request of Ms. SNOWE, the the Judiciary, with an amendment: By Mr. SESSIONS (for himself, Mr. name of the Senator from Utah (Mr. H.R. 809: A bill to make technical correc- REID, Mr. CRAPO, Ms. LANDRIEU, Mr. HATCH) was added as a cosponsor of S. tions to various antitrust laws and to ref- MURKOWSKI, Mr. TORRICELLI, Mr. 913, a bill to amend title XVIII of the erences to such laws. HAGEL, Mrs. LINCOLN, Mr. GRASSLEY, Social Security Act to provide for cov- f Mr. DORGAN, Mr. SHELBY, Mrs. FEIN- erage under the medicare program of INTRODUCTION OF BILLS AND STEIN, Mr. HELMS, Ms. CANTWELL, Mr. all oral anticancer drugs. DEWINE, Mr. MILLER, Mr. INHOFE, Mr. JOINT RESOLUTIONS S. 1655 INOUYE, Mr. BROWNBACK, Mr. At the request of Mr. BIDEN, the The following bills and joint resolu- CORZINE, Mr. CRAIG, Mr. JOHNSON, Mr. name of the Senator from Wisconsin tions were introduced, read the first ROBERTS, Mr. EDWARDS, Mr. SMITH of and second times by unanimous con- Oregon, Mrs. CLINTON, Mr. CAMPBELL, (Mr. FEINGOLD) was added as a cospon- sent, and referred as indicated: Mr. KERRY, Mr. FITZGERALD, Mr. sor of S. 1655, a bill to amend title 18, LIEBERMAN, Mr. ENSIGN, Mr. KEN- United States Code, to prohibit certain By Mr. THOMPSON: NEDY, Ms. SNOWE, Mr. SARBANES, Mr. S. 2925. A bill to provide that certain ceil- interstate conduct relating to exotic HATCH, Mr. BREAUX, Mr. THURMOND, ing fans enter duty-free and without any animals. and Mrs. CARNAHAN): S. 1967 quantitative limitations if the competitive S. Res. 325. Resolution designating the need limitation had been waived with respect month of September 2002 as ‘‘National Pros- At the request of Mr. KERRY, the to the fans; to the Committee on Finance. tate Cancer Awareness Month’’; to the Com- name of the Senator from Arkansas By Mr. SANTORUM: mittee on the Judiciary. (Mrs. LINCOLN) was added as a cospon- S. 2926. A bill to name the Department of By Mr. BIDEN (for himself, Mr. AKAKA, sor of S. 1967, a bill to amend title Veterans Affairs outpatient clinic in Mr. ALLEN, Mr. BAYH, Mr. BINGAMAN, Horhsam, Pennsylvania, as the ‘‘Victor J. XVIII of the Social Security Act to im- Mrs. BOXER, Mr. BREAUX, Mr. Saracini Department of Veterans Affairs prove outpatient vision services under BROWNBACK, Mr. BUNNING, Ms. CANT- Outpatient Clinic’’; to the Committee on part B of the medicare program. WELL, Mrs. CARNAHAN, Mr. CARPER, Veterans’ Affairs. S. 2047 Mr. CLELAND, Ms. COLLINS, Mr. By Mr. SMITH of Oregon (for himself CRAIG, Mr. DEWINE, Mr. DODD, Mr. At the request of Mr. BREAUX, the and Mr. WYDEN): DOMENICI, Mr. DORGAN, Mr. DURBIN, name of the Senator from Georgia (Mr. S. 2927. A bill to extend the deadline for Mr. FITZGERALD, Mr. GRAHAM, Mr. LELAND commencement of construction of a hydro- C ) was added as a cosponsor of GRASSLEY, Mr. HAGEL, Mr. HATCH, electric project in the State of Oregon; to S. 2047, a bill to amend the Internal Mr. HELMS, Mrs. HUTCHISON, Mr. the Committee on Energy and Natural Re- Revenue Code of 1986 to allow distilled INHOFE, Mr. INOUYE, Mr. JOHNSON, sources. spirits wholesalers a credit against in- Mr. KENNEDY, Mr. KERRY, Ms. By Mr. JEFFORDS (for himself, Mr. come tax for their cost of carrying Fed- LANDRIEU, Mr. LEAHY, Mr. LEVIN, Mr. LEAHY, Mrs. CLINTON, and Mr. SCHU- LIEBERMAN, Mrs. LINCOLN, Mr. eral excise taxes prior to the sale of the MER): product bearing the tax. S. 2928. A bill to amend the Federal Water LUGAR, Ms. MIKULSKI, Mr. MILLER, S. 2188 Pollution Control Act and the Water Re- Mr. MURKOWSKI, Mrs. MURRAY, Mr. sources Development Act of 2000 to modify NELSON of Nebraska, Mr. REID, Mr. At the request of Mr. BREAUX, the provisions relating to the Lake Champlain ROCKEFELLER, Mr. SARBANES, Mr. name of the Senator from California basin; to the Committee on Environment and SMITH of Oregon, Ms. SNOWE, Mr. (Mrs. BOXER) was added as a cosponsor Public Works. SPECTER, Ms. STABENOW, Mr. THUR- of S. 2188, a bill to require the Con- MOND, Mr. TORRICELLI, Mr. By Mrs. FEINSTEIN (for herself and sumer Product Safety Commission to VOINOVICH, Mr. WELLSTONE, Mr. Mrs. BOXER): amend its flammability standards for S. 2929. A bill to designate the facility of WYDEN, and Mrs. CLINTON): the United States Postal Service located at S. Res. 326. A resolution designating Octo- children’s sleepwear under the Flam- 265 South Western Avenue, Los Angeles, ber 18, 2002, as ‘‘National Mammography mable Fabrics Act. California, as the ‘‘Nat King Cole Post Of- Day’’; to the Committee on the Judiciary. S. 2250 fice’’; to the Committee on Governmental f At the request of Mr. CORZINE, the Affairs. ADDITIONAL COSPONSORS names of the Senator from California By Mr. BINGAMAN: (Mrs. BOXER) and the Senator from Ar- S. 2930. A bill to amend the Secure Rural S. 554 kansas (Mrs. LINCOLN) were added as Schools and Community Self-Determination At the request of Mrs. MURRAY, the cosponsors of S. 2250, a bill to amend Act of 2000 to clarify the treatment of title name of the Senator from Alaska (Mr. III project funds reserved by countries under title 10, United States Code, to reduce MURKOWSKI) was added as a cosponsor such Act for purposes of disbursements under the age for receipt of military retired chapter 69 of title 31, United States Code; to of S. 554, a bill to amend title XVIII of pay for nonregular service from 60 to the Committee on Energy and Natural Re- the Social Security Act to expand 55. sources. medicare coverage of certain self-in- S. 2328 By Mrs. FEINSTEIN (for herself and jected biologicals. At the request of Mr. HARKIN, the Mrs. BOXER): S. 654 S. 2931. A bill to designate the facility of names of the Senator from New Hamp- the United States Postal Service located at At the request of Mr. TORRICELLI, the shire (Mr. GREGG), the Senator from 5805 White Oak Avenue in Encino, California, name of the Senator from West Vir- New Mexico (Mr. BINGAMAN), the Sen- as the ‘‘Francis Dayle ‘Chick’ Hearn Post Of- ginia (Mr. ROCKEFELLER) was added as ator from South Dakota (Mr. JOHNSON), fice’’; to the Committee on Governmental a cosponsor of S. 654, a bill to amend the Senator from Tennessee (Mr. Affairs. the Internal Revenue Code of 1986 to re- FRIST), the Senator from Vermont (Mr. By Mr. GREGG (for himself, Mr. ENZI, store, increase, and make permanent JEFFORDS), the Senator from Maine Ms. COLLINS, and Mr. COCHRAN): the exclusion from gross income for (Ms. COLLINS), the Senator from Ohio S. 2932. A bill to make technical amend- amounts received under qualified group ments to the Higher Education Act of 1965, (Mr. DEWINE), the Senator from Lou- and for other purposes; to the Committee on legal services plans. isiana (Ms. LANDRIEU), the Senator Health, Education, Labor, and Pensions. S. 830 from Michigan (Mr. LEVIN), the Sen- By Mr. BREAUX (for himself, Mr. At the request of Mr. CHAFEE, the ator from Michigan (Ms. STABENOW), HATCH, Mr. BAUCUS, Ms. COLLINS, name of the Senator from Ohio (Mr. the Senator from Delaware (Mr. Mrs. CARNAHAN, Mr. SMITH of Oregon, VOINOVICH) was added as a cosponsor of BIDEN), the Senator from Massachu- Mrs. LINCOLN, Mr. BOND, Mr. S. 830, a bill to amend the Public setts (Mr. KERRY), the Senator from TORRICELLI, Mr. NELSON of Nebraska, Health Service Act to authorize the Di- Hawaii (Mr. INOUYE), the Senator from and Ms. STABENOW): S. 2933. A bill to promote elder justice, and rector of the National Institute of En- Maryland (Mr. SARBANES), the Senator for other purposes; to the Committee on Fi- vironmental Health Sciences to make from Georgia (Mr. CLELAND), the Sen- nance. grants for the development and oper- ator from Montana (Mr. BAUCUS), the

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.075 S12PT1 S8566 CONGRESSIONAL RECORD — SENATE September 12, 2002 Senator from Florida (Mr. GRAHAM), 2691, a bill to amend the Communica- Act of 2001 with respect to the modi- the Senator from Washington (Ms. tions Act of 1934 to facilitate an in- fications to education individual re- CANTWELL), and the Senator from Ne- crease in programming and content on tirement accounts. vada (Mr. REID) were added as cospon- radio that is locally and independently S. 2922 sors of S. 2328, a bill to amend the Pub- produced, to facilitate competition in At the request of Ms. LANDRIEU, the lic Health Service Act and the Federal radio programming, radio advertising, name of the Senator from Texas (Mrs. Food, Drug, and Cosmetic Act to en- and concerts, and for other purposes. HUTCHISON) was added as a cosponsor of sure a safe pregnancy for all women in S. 2700 S. 2922, a bill to facilitate the deploy- the United States, to reduce the rate of At the request of Mrs. LINCOLN, the ment of wireless telecommunications maternal morbidity and mortality, to name of the Senator from North Da- networks in order to further the avail- eliminate racial and ethnic disparities kota (Mr. CONRAD) was added as a co- ability of the Emergency Alert System, in maternal health outcomes, to reduce sponsor of S. 2700, a bill to amend titles and for other purposes. pre-term, labor, to examine the impact II and XVI of the Social Security Act S. RES. 305 of pregnancy on the short and long to limit the amount of attorney assess- At the request of Mr. THURMOND, the term health of women, to expand ments for representation of claimants names of the Senator from Kentucky knowledge about the safety and dosing and to extend the attorney fee pay- (Mr. MCCONNELL) and the Senator from of drugs to treat pregnant women with ment system to claims under title XVI Ohio (Mr. VOINOVICH) were added as co- chronic conditions and women who be- of that Act. sponsors of S. Res. 305, A resolution come sick during pregnancy, to expand S. 2727 designating the week beginning Sep- public health prevention, education At the request of Mr. AKAKA, the tember 15, 2002, as ‘‘National Histori- and outreach, and to develop improved name of the Senator from Montana cally Black Colleges and Universities and more accurate data collection re- (Mr. BAUCUS) was added as a cosponsor Week’’. lated to maternal morbidity and mor- of S. 2727, a bill to provide for the pro- tality. S. RES. 305 tection of paleontological resources on At the request of Mr. BIDEN, his name S. 2480 Federal lands, and for other purposes. was added as a cosponsor of S. Res. 305, At the request of Mr. LEAHY, the S. 2742 name of the Senator from Alabama supra. At the request of Mrs. HUTCHISON, the (Mr. SHELBY) was added as a cosponsor S. CON. RES. 129 name of the Senator from Washington of S. 2480, a bill to amend title 18, At the request of Mr. CRAPO, the (Mrs. MURRAY) was added as a cospon- United States Code, to exempt quali- name of the Senator from South Da- sor of S. 2742, a bill to establish new fied current and former law enforce- kota (Mr. JOHNSON) was added as a co- nonimmigrant classes for border com- ment officers from state laws prohib- sponsor of S. Con. Res. 129, A concur- muter students. iting the carrying of concealed hand- rent resolution expressing the sense of guns. S. 2763 Congress regarding the establishment At the request of Mrs. FEINSTEIN, the S. 2508 of the month of November each year as name of the Senator from Missouri At the request of Mr. KENNEDY, the ‘‘Chronic Obstructive Pulmonary Dis- name of the Senator from Hawaii (Mr. (Mrs. CARNAHAN) was added as a co- ease Awareness Month’’. sponsor of S. 2763, a bill to respond to INOUYE) was added as a cosponsor of S. S. CON. RES. 134 the illegal production, distribution, 2508, a bill to preserve the effectiveness At the request of Mr. BAUCUS, the of medically important antibiotics by and use of methamphetamines in the name of the Senator from Wisconsin United States, and for other purposes. restricting their use as additives to (Mr. KOHL) was added as a cosponsor of animal feed. S. 2816 S. Con. Res. 134, A concurrent resolu- S. 2513 At the request of Mr. BAUCUS, the tion expressing the sense of Congress At the request of Mr. TORRICELLI, his names of the Senator from South Da- to designate the fourth Sunday of each name was added as a cosponsor of S. kota (Mr. DASCHLE) and the Senator September as ‘‘National Good Neighbor 2513, a bill to asses the extent of the from Maine (Ms. COLLINS) were added Day’’. backlog in DNA analysis of rape kit as cosponsors of S. 2816, a bill to amend AMENDMENT NO. 4480 the Internal Revenue Code of 1986 to samples, and to improve investigation At the request of Mr. JOHNSON, his and prosecution of sexual assault cases improve tax equity for military per- name was added as a cosponsor of with DNA evidence. sonnel, and for other purposes. amendment No. 4480 proposed to H.R. S. 2560 S. 2869 5093, a bill making appropriations for At the request of Mr. ALLARD, the At the request of Mr. KERRY, the the Department of the Interior and re- name of the Senator from North Da- names of the Senator from Virginia lated agencies for the fiscal year end- kota (Mr. DORGAN) was added as a co- (Mr. ALLEN) and the Senator from ing September 30, 2003, and for other sponsor of S. 2560, a bill to provide for Florida (Mr. NELSON) were added as co- purposes. a multi-agency cooperative effort to sponsors of S. 2869, a bill to facilitate AMENDMENT NO. 4510 the ability of certain spectrum auction encourage further research regarding At the request of Mr. BAYH, the name the causes of chronic wasting disease winners to pursue alternative measures of the Senator from Kentucky (Mr. required in the public interest to meet and methods to control the further MCCONNELL) was added as a cosponsor spread of the disease in deer and elk the needs of wireless telecommuni- of amendment No. 4510 intended to be herds, to monitor the incidence of the cations consumers. proposed to H.R. 5005, a bill to estab- disease, to support State efforts to con- S. 2892 lish the Department of Homeland Secu- trol the disease, and for other purposes. At the request of Mr. KENNEDY, the rity, and for other purposes. S. 2577 name of the Senator from Illinois (Mr. f At the request of Mr. FITZGERALD, DURBIN) was added as a cosponsor of S. the name of the Senator from Cali- 2892, a bill to provide economic secu- STATEMENTS ON INTRODUCED fornia (Mrs. BOXER) was added as a co- rity for America’s workers. BILLS AND JOINT RESOLUTIONS sponsor of S. 2577, a bill to repeal the S. 2911 By Mr. JEFFORDS (for himself, sunset of the Economic Growth and At the request of Mr. HUTCHINSON, Mr. LEAHY, Mrs. CLINTON, and Tax Relief Reconciliation Act of 2001 the names of the Senator from Mis- Mr. SCHUMER): with respect to the exclusion from Fed- sissippi (Mr. LOTT), the Senator from S. 2928. A bill to amend the Federal eral income tax for restitution received Colorado (Mr. CAMPBELL), the Senator Water Pollution Control Act and the by victims of the Nazi Regime. from Virginia (Mr. ALLEN), and the Water Resources Development Act of S. 2691 Senator from Ohio (Mr. DEWINE) were 2000 to modify provisions relating to At the request of Mr. FEINGOLD, the added as cosponsors of S. 2911, a bill to the Lake Champlain basin; to the Com- name of the Senator from Georgia (Mr. repeal the sunset of the Economic mittee on Environment and Public MILLER) was added as a cosponsor of S. Growth and Tax Relief Reconciliation Works.

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.052 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8567 Mr. JEFFORDS. Mr. President, Mem- It is an area about the size of Massa- natural, recreation, and cultural herit- bers of the Senate, I rise on behalf of chusetts with 56 percent of the Basin in age resources. myself and Senators LEAHY, CLINTON, Vermont, 37 percent in New York, and I look forward to working with my and SCHUMER to introduce the Daniel 7 percent in Canada. colleagues in Washington, in New Patrick Moynihan Lake Champlain The Basin not only offers natural York, and, most of all, in Vermont to Basin Program Act of 2002. beauty, but also plays a key role in the pass this legislation and to implement This legislation will bring the Lake life of Vermonters, New Yorkers, and this program that is so critical to the Champlain Basin Program into the 21st Canadians. long-term health of Lake Champlain. century. It is a recreation mecca in the region Mrs. CLINTON. Mr. President, I join In 1990, along with Senators LEAHY, with over 7,500 motorboats, more than my colleague from Vermont in sup- MOYNIHAN, and D’AMATO, I introduced 3,000 sailboats, and thousands of swim- porting this bill that he is introducing the Lake Champlain Special Designa- mers, windsurfers, kayakers, canoers, today, the Daniel Patrick Moynihan tion Act which designated Lake Cham- and scuba divers visiting Lake Cham- Lake Champlain Basin Program Act of plain as a resource of national signifi- plain on a typical summer day. 2002. cance. Recreation generated $3.8 billion in I thank Chairman JEFFORDS, with The program began as a management the Basin in 2000. The population in the whom I have the honor and pleasure of conference with a charter of developing Basin has been steadily growing over serving on the Senate Environment a comprehensive pollution prevention, the last 40 years. and Public Works Committee, for control, and restoration plan for Lake Today, approximately one-third of working on this legislation, for being Champlain. the Basin’s over 600,000 residents use devoted to Lake Champlain, and for The management conference began the lake as a source of drinking water. giving my distinguished predecessor, work immediately after passage of the It is also a key source of water for agri- Senator Moynihan, the honor of nam- Lake Champlain Special Designation culture and industry. All of this human ing it after him. Act of 1990 and developed the Plan enti- activity has taken a toll on Lake Senator Moynihan was in my office tled, ‘‘Opportunities for Action.’’ Champlain. on Tuesday. I told him of Senator JEF- The conference evolved into today’s Although it remains a generally FORD’s plans, and he was surprised and Lake Champlain Basin Program which healthy lake today, it is plagued by ex- delighted. But he certainly deserves works cooperatively with partners cess phosphorous loadings, toxics such this great honor because, along with throughout the region to protect and as mercury, and invasions of nonnative Senator JEFFORDS, he has been a cham- enhance the environmental integrity species such as the zebra mussel and pion of this natural and cultural re- and the social and economic benefits of sea lamprey. source that our States share: the Lake the Lake Champlain Basin. We must take action to prevent fu- Champlain Basin and Champlain Val- A key element of the success of this ture degradation. ley. We are joining with our colleagues— program is the active participation of The Lake Champlain Basin Program Senator LEAHY and Senator SCHUMER— the local partners. issued a revised Plan in January 2002, in introducing this legislation because State and local governments, non- also entitled ‘‘Opportunities for Ac- we know how significant this lake is. It profit entities, and the regional rep- tion,’’ that provides a path to protect is the sixth largest natural freshwater resentatives of the Federal agencies in- the health of the lake well into the fu- lake in the United States. Some of us volved in the Basin Program are the ture. consider it a ‘‘Great Lake.’’ It is home best fuel behind this program’s success. The bill we introduce today, the Dan- to an array of fish, birds, and other It is their efforts that have made this iel Patrick Moynihan Lake Champlain wildlife. program an international model for Basin Program Act of 2002, authorizes lake restoration programs. It also has significant historic, so- the Federal side of the partnerships re- cial, and economic consequences for The program completed its first 5- quired to implement Opportunities for year update of ‘‘Opportunities for Ac- our entire country. What we aim to do Action. with this legislation is to give the tion’’ in January 2002. This legislation authorizes $5 million Our legislation authorizes the imple- Champlain Valley Basin the kind of per year for 5 years for the Environ- mentation of this plan through a part- support it needs to continue its recov- mental Protection Agency to make nership between the Basin Program ery. grants to implement Opportunities for and the Federal Government. This is an area that Senator JEF- Before I get into the specifics of the Action. FORDS and Senator Moynihan paid par- These funds will be coupled with a 25- legislation, let me take a minute to de- ticular attention to. They have worked percent local match as well as with $6 scribe the Lake Champlain Basin to very closely together over the last million per year for 5 years from the you. many years. And it builds on legisla- For those of you who have not visited Department of the Interior, the De- tion that Senator Moynihan played a either the Vermont or the New York partment of Commerce, and the De- key role in during the 101st Congress, side, I recommend that you take the partment of Agriculture. as well as a plan that came out of the time to see this magnificent spot which This bill also revises an authoriza- 1990 legislation entitled ‘‘Opportunities is the sixth largest freshwater lake in tion that Congress passed in the Water for Action’’ that enabled the Lake the world, after only the Great Lakes. Resources Development Act of 2000 for Champlain Steering Committee to cre- Lake Champlain flows north along the Army Corps of Engineers to provide ate the new guiding document on the borders of Vermont, New York, and design and construction assistance of which our legislation, in great meas- Canada. up to $20 million for implementation of ure, draws. It is 120 miles long and just 12 miles Opportunities for Action to make it This will provide new and important wide at its widest point. more usable for ‘‘Vermont-style’’ resources for counties in Vermont and Lake Champlain is home to a diverse projects. also counties in New York, including array of 81 species of fish, 318 species of These funds will be used to protect Clinton, Essex, Franklin, Hamilton, birds, 56 species of mammals, 21 species and enhance the environmental integ- Warren, and Washington Counties. of amphibians and 20 reptile species. rity and social and economic benefits This is very important environ- The floor of Lake Champlain boasts of the Lake Champlain basin and to mental legislation, but it is equally some of the best-preserved submerged achieve the environmental goals de- important economic, social, and his- cultural heritage resources in North scribed in the plan, including: the re- toric legislation. That is why I am very America. duction of phosphorous inputs; the re- proud to sponsor this legislation with Shipwrecks in the lake reflect vir- duction of toxic contamination; the my chairman, Senator JEFFORDS, and tually every era of human activity in control of the introduction, spread, and to join him in naming this legislation the Basin. impacts of nonnative nuisance sub- after our illustrious and esteemed col- The Lake Champlain Basin stretches stances and species; the minimization league, Senator Patrick Moynihan. from the Adirondacks to the Green of risks to humans from water-related There is no more fitting tribute to Mountains and north into Quebec. health hazards, and the protection of Senator Moynihan than to give him

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.054 S12PT1 S8568 CONGRESSIONAL RECORD — SENATE September 12, 2002 the recognition that he is due for the together various agencies, interest ‘‘(ii) Addison, Bennington, Caledonia, leadership role he played in bringing to groups and government entities to de- Chittenden, Franklin, Grand Isle, Lamoille, national attention places of great na- velop a comprehensive pollution pre- Orange, Orleans, Rutland, and Washington tional importance, such as Lake Cham- vention and restoration management counties in the State of Vermont. ‘‘(3) PLAN.—The term ‘Plan’ means the plain. plan for the Lake. plan entitled ‘Opportunities for Action: An I thank Senator JEFFORDS. Through long hours and a coopera- Evolving Plan for the Future of the Lake Mr. LEAHY. Mr. President, my col- tive effort, the Vermonters and New Champlain Basin’, approved by Lake Cham- league, Senator JEFFORDS, introduced Yorkers involved came up with a good plain Steering Committee on January 30, legislation, the Lake Champlain Basin plan which was signed by Governors 2002, that describes the actions necessary to Program Act of 2002, in honor of former Dean and Pataki in 1996. protect and enhance the environmental in- Senator Daniel Patrick Moynihan. While we have several priority action tegrity and the social and economic benefits of the Lake Champlain basin. With the forbearance of the distin- items ranging across a wide spectrum of Lake related issues, the Big three re- ‘‘(4) PROGRAM.—The term ‘program’ means guished Senator from Connecticut and the Lake Champlain Basin Program estab- the distinguished Senator from Ten- main phosphorus reduction, toxic con- lished by subsection (b)(1). nessee, I will only speak for a couple taminant prevention and clean-up and ‘‘(b) ESTABLISHMENT.— minutes. management of aquatic nuisance spe- ‘‘(1) IN GENERAL.—There is established a I, obviously, strongly support what cies. program to be known as the ‘Lake Cham- plain Basin Program’. Senator JEFFORDS has done and appre- Our legislative proposal today right- fully moves from an emphasis on re- ‘‘(2) PURPOSES.—The purposes of the pro- ciate his work and the work of the gram are— members of his staff. search and planning to one of clean-up implementation and, quite impor- ‘‘(A) to protect and enhance the environ- In Vermont, we are extremely mental integrity and social and economic pleased with the success of the Lake tantly, monitoring the progress of that benefits of the Lake Champlain basin; and Champlain program to date. With the clean-up. ‘‘(B) to achieve the environmental goals additional resources in this bill, we are We are very pleased with the success described in the Plan, including— confident that the problems that Lake of the Lake Champlain Basin Program ‘‘(i) the reduction of phosphorous inputs to Champlain encounters—the problems to date, and with the additional re- Lake Champlain from point sources and of pollution and of other matters—can sources envisioned in this bill, we are nonpoint sources so as to— ‘‘(I) promote a healthy and diverse eco- be addressed. confident that the problems Lake Champlain is encountering can be ad- system; and Lake Champlain is a magnificent ‘‘(II) provide for sustainable human use lake standing between Vermont and dressed successfully. The Basin Program stands as a fine and enjoyment of Lake Champlain; New York. It is a lake that is enjoyed ‘‘(ii) the reduction of toxic contamination, example of how two States and one by people who fish, sail, who are in- such as contamination by mercury and poly- province can work together as a com- volved in economic activities, and, of chlorinated biphenyls, to protect public mon watershed linking its citizens and health and the ecosystem of the Lake Cham- course, it has tremendous economic their governments at all levels—local, and historical value to this Nation, plain basin; State and Federal. ‘‘(iii) the control of the introduction, from the time of the Revolutionary Indeed, the Lake Champlain model spread, and impacts of nonnative nuisance War on. has been held up many times in recent species to preserve the integrity of the eco- The basin program shows what hap- years as an example for other water- system of the Lake Champlain basin; pens when two States, Vermont and sheds around the world. ‘‘(iv) the minimization of risks to humans New York, and one province, the Prov- We are happy to share our successes, from water-related health hazards in the ince of Quebec, get together and work and even our failures, with conserva- Lake Champlain basin, including through the protection of sources of drinking water on a common watershed and link their tion initiatives internationally. people, their governments—local, in the Lake Champlain basin; I am excited about the prospects of ‘‘(v) the restoration and maintenance of a State, and Federal—together in almost this legislation and I hope the full Sen- healthy and diverse community of fish and unprecedented cooperation to save this ate will give Vermont and New York wildlife in the Lake Champlain basin; great big beautiful lake. It has been a its ringing endorsement once it has re- ‘‘(vi) the protection and restoration of wet- model for watersheds throughout the ceived committee review. land, streams, and riparian habitat in the Nation. Mr. President, I ask unanimous con- Lake Champlain basin, including functions I am pleased to join in introducing sent that the text of the bill be printed and values provided by those areas; this legislation. I believe it will ensure in the RECORD. ‘‘(vii) the management of Lake Champlain, that our children and our grand- There being no objection, the bill was including shorelines and tributaries of Lake Champlain, to achieve— children will enjoy this lake in the ordered to be printed in the RECORD, as ‘‘(I) the protection of natural and cultural same way Senator JEFFORDS and I did follows: resources of Lake Champlain; and Be it enacted by the Senate and House of Rep- when we were children. ‘‘(II) the maintenance of recreational uses resentatives of the United States of America in I am very pleased to join with my of Lake Champlain; Congress assembled, colleagues from Vermont and New ‘‘(viii) the protection of recreation and cul- SECTION 1. SHORT TITLE. tural heritage resources of the Lake Cham- York as we introduce the Lake Cham- This Act may be cited as the ‘‘Daniel Pat- plain basin; plain Basin Program Act of 2002 in rick Moynihan Lake Champlain Basin Pro- ‘‘(ix) the continuance of the Lake Cham- honor of former Senator Daniel Pat- gram Act of 2002’’. rick Moynihan. plain long-term water quality and biological SEC. 2. LAKE CHAMPLAIN BASIN PROGRAM. monitoring program; and Title I of the Federal Water Pollution Con- I was with Senator MOYNIHAN in 1990 ‘‘(x) the promotion of healthy and diverse trol Act is amended by striking section 120 that we were able to enact the first economic activity and sustainable develop- (33 U.S.C. 1270) and inserting the following: comprehensive piece of legislation to ment principles in the Lake Champlain make Federal resources available to ‘‘SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM. basin. help our states address the challenges ‘‘(a) DEFINITIONS.—In this section: ‘‘(c) IMPLEMENTATION.—The Committee, in ‘‘(1) COMMITTEE.—The term ‘Committee’ facing Lake Champlain. consultation with appropriate heads of Fed- means the steering committee of the pro- eral agencies, shall implement the program. I want to thank Senator JEFFORDS gram comprised of representatives of Fed- ‘‘(d) REVISION OF PLAN.—At least once and his staff for all the work they have eral, State, and local governments and other every 5 years, the Committee shall review put into this effort. I know that many persons, as specified in the Plan. and, as necessary, revise the Plan. hours have gone into the research, dis- ‘‘(2) LAKE CHAMPLAIN BASIN.— ‘‘(e) GRANTS.— cussion and editing to get where we are ‘‘(A) IN GENERAL.—The term ‘Lake Cham- ‘‘(1) IN GENERAL.—Subject to paragraph (2), today. plain basin’ means all water and land re- the Administrator may, in consultation with sources in the United States in the drainage the Committee, make grants, for the purpose I also want to thank Senators CLIN- basin of Lake Champlain. of implementing the management strategies TON and SCHUMER who are our valuable ‘‘(B) INCLUSIONS.—The term ‘Lake Cham- contained in the Plan, to— New York partners in all things related plain basin’ includes— ‘‘(A) State, interstate, and regional water to Lake Champlain. ‘‘(i) Clinton, Essex, Franklin, Hamilton, pollution control agencies; and Our initial 1990 Lake Champlain leg- Warren, and Washington counties in the ‘‘(B) public or nonprofit agencies, institu- islation was very successful. It brought State of New York; and tions, and organizations.

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‘‘(2) COST SHARING.—The Federal share of ‘‘(3) COMMERCE.—The Secretary of Com- (A) by striking ‘‘to a’’ and inserting ‘‘to the cost of any activity carried out using merce, acting through the Under Secretary an’’; and funds from a grant provided under this sub- for Oceans and Atmosphere, shall support (B) by striking ‘‘agreement that shall re- section shall not exceed 75 percent. the implementation of the program by pro- quire the non-Federal interest’’ and insert- ‘‘(3) ADDITIONAL REQUIREMENTS.—The Ad- viding financial and technical assistance, ing the following: ‘‘agreement that is in ac- ministrator may establish such additional through the national sea grant program of cordance with section 221 of the Flood Con- requirements for the administration of the Department of Commerce, for— trol Act of 1970 (42 U.S.C. 1962d–5b) and under grants provided under this subsection as the ‘‘(A) research; which the non-Federal interest agrees’’. Administrator determines to be appropriate. ‘‘(B) management of fisheries and other ‘‘(f) COORDINATION OF FEDERAL PRO- aquatic resources; By Mrs. FEINSTEIN (for herself GRAMS.— ‘‘(C) related watershed programs; and and Mrs. BOXER): ‘‘(1) AGRICULTURE.—The Secretary of Agri- ‘‘(D) other appropriate action to assist in S. 2929. A bill to designate the facil- culture shall support the implementation of implementation of the Plan. ity of the United States Postal Service the program by providing financial and tech- ‘‘(g) NO EFFECT ON OTHER AUTHORITY.— located at 265 South Western Avenue, nical assistance relating to best manage- Nothing in this section affects the authority ment practices for controlling nonpoint of— Los Angeles, California, as the ‘‘Nat source pollution, particularly with respect to ‘‘(1) any Federal or State agency; or King Cole Post Office’’; to the Com- preventing pollution from agricultural ac- ‘‘(2) any international entity relating to mittee on Governmental Affairs. tivities. Lake Champlain established by an inter- Mrs. FEINSTEIN. Mr. President, I ‘‘(2) INTERIOR.— national agreement to which the United rise today, along with Senator BOXER ‘‘(A) GEOLOGICAL SURVEY.—The Secretary States is a party. to introduce legislation that would of the Interior, acting through the United ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— name a post office in Los Angeles, CA States Geological Survey, shall support the There is authorized to be appropriated to after Nathaniel Adams Coles, whom we implementation of the program by providing carry out this section $11,000,000 for each of all know as Nat ‘‘King’’ Cole. financial, scientific, and technical assistance fiscal years 2003 through 2007, of which— Nat ‘‘King’’ Cole was a great Amer- and applicable watershed research, such as— ‘‘(1) $5,000,000 shall be made available to ‘‘(i) stream flow monitoring; the Administrator; ican vocalist and entertainer, and the ‘‘(ii) water quality monitoring; ‘‘(2) $3,000,000 shall be made available to best selling African-American record- ‘‘(iii) evaluation of effectiveness of best the Secretary of the Interior; ing artist of his generation. management practices; ‘‘(3) $1,000,000 shall be made available to Born in 1919 in Montgomery, AL, Mr. ‘‘(iv) research on the transport and final the Secretary of Commerce; and Cole proved, at an early age, to be destination of toxic chemicals in the envi- ‘‘(4) $2,000,000 shall be made available to quite musically adept. At the age of ronment; and the Secretary of Agriculture.’’. four, he gave his first public perform- ‘‘(v) development of an integrated geo- SEC. 3. LAKE CHAMPLAIN WATERSHED, ance playing the piano and singing at graphic information system of the Lake VERMONT AND NEW YORK. Chicago’s Regal Theater. Champlain basin. Section 542 of the Water Resources Devel- In 1937, as a struggling young musi- ‘‘(B) FISH AND WILDLIFE.—The Secretary of opment Act of 2000 (114 Stat. 2671) is amend- the Interior, acting through the Director of ed— cian, he moved to Southern California. the United States Fish and Wildlife Service (1) in subsection (a)— While in Los Angeles, Mr. Cole was and in cooperation with the Committee, (A) by striking ‘‘(a)’’ and all that follows asked to put together a small musical shall support the implementation of the pro- through ‘‘(A) the land areas’’ and inserting group which was to play at the gram by— the following: Sewanee Inn, a Los Angeles nightclub. ‘‘(i) supporting the protection and restora- ‘‘(a) DEFINITION OF LAKE CHAMPLAIN WA- The owner of the Sewanee Inn is re- tion of wetland, streams, aquatic, and ripar- TERSHED.—In this section, the term ‘Lake sponsible for the nickname ‘‘King ian habitat; Champlain watershed’ means— Cole’’ because he asked him to wear a ‘‘(ii) supporting restoration of interjuris- ‘‘(1) the land areas’’; golden paper crown. Though the crown dictional fisheries and declining aquatic spe- (B) by striking ‘‘(B)(i) the’’ and inserting was short lived, the nickname stuck cies in the Lake Champlain watershed the following: through— ‘‘(2)(A) the’’; and the musical group became known ‘‘(I) propagation of fish in hatcheries; and (C) by striking ‘‘(ii) the’’ and inserting the as the King Cole Trio. ‘‘(II) continued advancement in fish cul- following: In 1943, the King Cole Trio signed ture and aquatic species management tech- ‘‘(B) the’’; with a fledgling record company known nology; (D) in paragraph (2)(A) (as redesignated by as Capital Records. The next year, Cap- ‘‘(iii) supporting the control and manage- subparagraph (B)), by inserting ‘‘Hamilton,’’ ital Records released a song written by ment of aquatic nuisance species that have after ‘‘Franklin,’’; and Nat ‘‘King’’ Cole and recorded by the adverse effects on— (E) in paragraph (2)(B) (as redesignated by King Cole Trio called ‘‘Straighten Up ‘‘(I) fisheries; or subparagraph (C)), by striking ‘‘clause (i)’’ and Fly Right.’’ ‘‘(II) the form, function, or structure of the and inserting ‘‘subparagraph (A)’’; The song became a huge hit due to ecosystem of the Lake Champlain basin; (2) in subsections (b) through (e), by strik- its popularity with audiences of dif- ‘‘(iv) providing financial and technical as- ing ‘‘critical restoration’’ each place it ap- sistance in accordance with the Fish and pears and inserting ‘‘ecosystem restoration’’; ferent races. The King Cole Trio went Wildlife Coordination Act (16 U.S.C. 661 et (3) in subsection (b)— on to have a series of musical hits that seq.) to private landowners seeking to im- (A) in the subsection heading, by striking include ‘‘For Sentimental Reasons’’ prove fish and wildlife habitat, a goal of ‘‘CRITICAL RESTORATION PROJECTS’’ and in- and ‘‘The Christmas Song.’’ which is— serting ‘‘ECOSYSTEM RESTORATION PRO- Nat ‘‘King’’ Cole went on to sell so ‘‘(I) restoration of full function to degraded GRAM’’; many records that Capital Records’ habitat; (B) in paragraph (1), by striking ‘‘partici- headquarters became known as the ‘‘(II) enhancement of specific habitat func- pate in’’ and inserting ‘‘provide design and ‘‘House that Nat built.’’ tions; or construction assistance to non-Federal inter- Nat ‘‘King’’ Cole’s legacy not only ‘‘(III) establishment of valuable fish and ests for’’; and encompasses his musical genius, but wildlife habitat that did not previously exist (C) in paragraph (2), by striking ‘‘A’’ and also his bravery in overcoming racial on a particular parcel of real property; and inserting ‘‘An’’; intolerance. During his career, he ‘‘(v) taking other appropriate action to as- (4) in subsection (c)— sist in implementation of the Plan. (A) by striking ‘‘assistance for a’’ and in- played in some clubs where he was the ‘‘(C) NATIONAL PARKS.—The Secretary of serting ‘‘design and construction assistance first ever Black entertainer to perform. the Interior, acting through the Director of for an’’; and He also endured an attack from white the National Park Service, shall support the (B) in paragraph (2), by inserting ‘‘eco- supremacists while on stage in Bir- implementation of the program by pro- system restoration or’’ after ‘‘form of’’; mingham, Alabama in 1956. viding, through the use of funds in the Na- (5) in subsection (d)— Mr. Cole holds a special place in the tional Recreation and Preservation Appro- (A) by striking ‘‘(d)’’ and all that follows hearts of Los Angeles residents, as a priation account of the National Park Serv- through ‘‘(A) IN GENERAL.—A’’ and inserting man who brought down racial barriers. ice, financial and technical assistance for the following: In 1948, Mr. Cole and his family pur- programs concerning cultural heritage, nat- ‘‘(d) CRITERIA FOR ELIGIBILITY.— chased a home in the exclusive Han- ural resources, recreational resources, or ‘‘(1) IN GENERAL.—An’’; and other programs consistent with the mission (B) by striking ‘‘(B) SPECIAL’’ and inserting cock Park section of Los Angeles. His of the National Park Service that are associ- the following: would-be neighbors formed an associa- ated with the Lake Champlain basin, as iden- ‘‘(2) SPECIAL’’; and tion to prevent him from moving into tified in the Plan. (6) in subsection (e)(1)— the all-white community.

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.056 S12PT1 S8570 CONGRESSIONAL RECORD — SENATE September 12, 2002 Overcoming these protests and he spread his love of basketball to all ing. Instead, the bill allows a lender to threats, Mr. Cole moved in and became who listened. accept a request for forbearance over the first family to integrate the com- He is a member of the Basketball the telephone, as long as a confirma- munity. Hall of Fame and the Sportcasters Hall tion notice of the agreement reached is In honor of this distinguished former of Fame. provided to the borrower and the bor- resident, members of the community In honor of Chick Hearn’s dedicated rower’s file is updated. Makes clear surrounding the Oakwood Station Post service, it is my pleasure to introduce that under the Thurgood Marshall Office, have advocated that the post of- legislation to name the post office at Legal Educational Opportunity Pro- fice at 265 South Western Avenue in 5805 White Oak Avenue in Encino, CA. gram, the U.S. Department of Edu- Los Angeles be named after Nat It is my hope that the Senate will ap- cation can provide scholarship aid to ‘‘King’’ Cole. prove this legislation, and honor the low-income and minority students to It is my pleasure to introduce such memory of Chick Hearn. prepare for and attend law school. legislation, and I hope that my col- Eases requirements for Hispanic-Serv- leagues will support it. By Mr. GREGG (for himself, Mr. ing Institutions, HSIs, by allowing ENZI, Ms. COLLINS, and Mr. them to apply for Federal HSI grants By Mrs. FEINSTEIN (for herself COCHRAN): without waiting two years between ap- and Mrs. BOXER): S. 2932. A bill to make technical plications. Corrects a drafting error in S. 2931. A bill to designate the facil- amendments to the Higher Education current law that mistakenly bars stu- ity of the United States Postal Service Act of 1965, and for other purposes; to dents attending certain nonprofit located at 5805 White Oak Avenue in the Committee on Health, Education, schools of veterinary medicine from Encino, California, as the ‘‘Francis Labor, and Pensions. eligibility for the Federal Family Edu- Dayle ‘Chick’ Hearn Post Office’’, to Mr. GREGG. Mr. President, today I cation Loan Program. Allows financial the Committee on Government Affairs. am proud to introduce, along with my aid administrators to use ‘‘professional Mrs. FEINSTEIN. Mr. President, I colleagues Senator ENZI, Senator COL- judgment’’ to adjust a student’s finan- rise today, along with Senator BOXER, LINS, and Senator COCHRAN, the Higher cial need in cases where the student is to introduce legislation that would Education Technical Amendments of a ward of the court. Expands the use of name a postal facility in Los Angeles, 2002. This legislation makes several technology to provide voter registra- California after the great Los Angeles technical and non-controversial tion material directly to students in a Laker’s announcer, Francis Dayle changes to the Higher Education Act, timely manner. ‘‘Chick’’ Hearn. HEA, and is designed to provide relief I am well aware that extending the Chick Hearn was born on November from burdensome legal requirements, two provisions set to expire on Sep- 27, 1916, in Buda, IL. improve the financial aid process, and tember 30 for another year will cost $10 His interest in broadcasting began bring greater clarity to the law. million. However, we intend to find the when he worked for the Armed Forces Most importantly, it provides for a necessary offsets to pay for these ex- Radio, while he was stationed in the one-year extension of two provisions in tensions as the bill progresses through Philippines during World War II. the HEA that are of great importance the Senate. It is my sincere hope that Soon after he was discharged, he to students, their families, and schools. we can all work together in these final began announcing Bradley University These provide schools having low stu- weeks of the session to see that this basketball games for a radio station in dent loan default rates with exemp- legislation becomes law. Peoria, IL. tions from the requirement that loan The Higher Education Technical Mr. Hearn’s desire to work in radio proceeds be disbursed in multiple in- Amendments of 2002 will improve the broadcasting soon led him to Southern stallments, and the requirement that financial aid process for everyone in- California, where he worked for CBS the disbursement of loan proceeds to volved, but most importantly, for our radio announcing University of South- first-time undergraduate borrowers be nation’s postsecondary students. I urge ern California football games. delayed for 30 days after classes start. my colleagues to support this legisla- Then, in 1961, Chick Hearn began an- Under current law, these provisions are tion. nouncing Lakers’ game when the fran- set to expire at the end of this month. f chise moved from Minnesota to Los Thousands of institutions of higher Angeles. education across America count on STATEMENTS ON SUBMITTED His contributions to the game go far these exemptions to save them time RESOLUTIONS beyond giving the fans the play-by- and money in the disbursement of their play. Mr. Hearn pioneered basketball limited financial aid resources. These phrases, such as ‘‘airball’’ and ‘‘slam provisions also serve as an incentive SENATE RESOLUTION 253—RESOLU- dunk’’ and ‘‘finger role’’ which are now for schools to keep their default rates TION DESIGNATING THE MONTH well known and often used by Ameri- low. Additionally, failing to act now OF SEPTEMBER 2002 AS ‘‘NA- cans who participate or have an inter- means that students needing loan pro- TIONAL PROSTATE CANCER est in basketball. ceeds for books or living expenses AWARENESS MONTH’’ Perhaps the most distinguished char- could be seriously disadvantaged. At a Mr. SESSIONS (for himself, Mr. acteristic of Chick Hearn’s career is his time when both student and institu- REID, Mr. CRAPO, Ms. LANDRIEU, Mr. extraordinary dedication to his work. tional budgets are being squeezed, we MURKOWSKI, Mr. TORRICELLI, Mr. Beginning on November 21, 1965, Mr. should do what we can to provide them HAGEL, Mrs. LINCOLN, Mr. GRASSLEY, Hearn announced a record 3,338 con- with relief. Mr. DORGAN, Mr. SHELBY, Mrs. FEIN- secutive games for the Los Angeles The bill makes a number of other STEIN, Mr. HELMS, Ms. CANTWELL, Mr. Lakers. beneficial changes to the HEA. Most DEWINE, Mr. MILLER, Mr. INHOFE, Mr. This streak ended on December 16, notably, it: Helps protect home- INOUYE, Mr. BROWNBACK, Mr. CORZINE, 2001, three days before Mr. Hearn un- schooled students by making it clear Mr. CRAIG, Mr. JOHNSON, Mr. ROBERTS, derwent heart surgery. Until his death that institutions of higher education Mr. EDWARDS, Mr. SMITH of Oregon, on August 5, 2002, Hearn had been the will not lose their institutional eligi- Mrs. CLINTON, Mr. CAMPBELL, Mr. only play-by-play announcer the Los bility for Federal financial aid by ad- KERRY, Mr. FITZGERALD, Mr. Angeles Lakers had ever had. mitting home-schooled students. Clari- LIEBERMAN, Mr. ENSIGN, Mr. KENNEDY, During his distinguished career of fies the Federal policy on the return of Ms. SNOWE, Mr. SARBANES, Mr. HATCH, more than 40 years with the Los Ange- financial aid funds when students with- Mr. BREAUX, Mr. THURMOND, and Mrs. les Lakers, Mr. Hearn saw the Lakers draw, to better protect students’ grant CARNAHAN) submitted the following capture nine NBA titles. aid. Removes barriers to students seek- resolution; which was referred to the He had the opportunity to watch the ing forbearance from lenders on stu- Committee on the Judiciary: careers of basketball stars such as dent loan payments, by eliminating the S. RES. 325 Jerry West, Wilt Chamberlain, Kareem requirement that new agreements be- Whereas over 1,000,000 American families Abdul-Jabbar and Magic Johnson, and tween lenders and borrowers be in writ- live with prostate cancer;

VerDate Sep 04 2002 04:14 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.057 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8571 Whereas 1 American man in 6 will be diag- Awareness Month’’, PCAM, a time to tion. Over the last five years prostate nosed with prostate cancer in his lifetime; remember those who have perished cancer mortalities have decreased by 27 Whereas over the past decade prostate can- from the disease and to celebrate those percent. This shows that, with the cer has been the most commonly diagnosed who are surviving, and a time to work right investment in education and re- nonskin cancer and the second most common search, we are already saving lives. cancer killer of American men; together to accelerate a cure. Along Whereas 189,000 American men will be diag- with The National Prostate Cancer Co- f nosed with prostate cancer and 30,200 Amer- alition, NPCC, I look forward to raising SENATE RESOLUTION 326—DESIG- ican men will die of prostate cancer in 2002, awareness in September with com- NATING OCTOBER 18, 2002, AS according to American Cancer Society esti- memorations of ‘‘911’’ joining the ‘‘NATIONAL MAMMOGRAPHY mates; NPCC’s special campaign, ‘‘Protecting 1 DAY’’ Whereas fully ⁄4 of new cases of prostate Our Protectors’’ which encourages men cancer occur in men during their prime in law enforcement, fire service, and Mr. BIDEN (for himself, Mr. AKAKA, working years; current and former servicemen to get Mr. ALLEN, Mr. BAYH, Mr. BINGAMAN, Whereas African-Americans have the high- Mrs. BOXER, Mr. BREAUX, Mr. est incidence and mortality rates of prostate screened for prostate cancer. BROWNBACK, Mr. BUNNING, Ms. CANT- cancer in the world; This resolution is an effort to help WELL, Mrs. CARNAHAN, Mr. CARPER, Mr. Whereas screening by both digit rectal ex- increase awareness and educate Amer- amination and prostate-specific antigen ican men and their families about pros- CLELAND, Ms. COLLINS, Mr. CRAIG, Mr. blood test (PSA) can diagnose the disease in tate cancer and early detection, as well DEWINE, Mr. DODD, Mr. DOMENICI, Mr. earlier and more treatable stages and has re- as emphasize the need for more pros- DORGAN, Mr. DURBIN, Mr. FITZGERALD, duced prostate cancer mortality; tate cancer research. It will designate Mr. GRAHAM, Mr. GRASSLEY, Mr. Whereas the research pipeline promises HAGEL, Mr. HATCH, Mr. HELMS, Mrs. September 2002 as National Prostate further improvements in prostate cancer pre- HUTCHISON, Mr. INHOFE, Mr. INOUYE, Cancer Awareness Month. Together, vention, early detection, and treatments; Mr. JOHNSON, Mr. KENNEDY, Mr. KERRY, Senator REID and I ask for your sup- and Ms. LANDRIEU, Mr. LEAHY, Mr. LEVIN, Whereas educating Americans, including port and encourage all of our col- Mr. LIEBERMAN, Mrs. LINCOLN, Mr. health care providers, about prostate cancer leagues to join us in raising awareness. LUGAR, Ms. MIKULSKI, Mr. MILLER, Mr. and early detection strategies is crucial to With your help, prostate cancer can be MURKOWSKI, Mrs. MURRAY, Mr. NELSON saving the lives of men and preserving and preventable, controllable, and curable. of Nebraska, Mr. REID, Mr. ROCKE- protecting our families: Now, therefore, be it Today prostate cancer remains the FELLER, Mr. SARBANES, Mr. SMITH of Resolved,That the Senate— most commonly diagnosed nonskin (1) designates the month of September 2002 Oregon, Ms. SNOWE, Mr. SPECTER, Ms. cancer in America. According to esti- as ‘‘National Prostate Cancer Awareness STABENOW, Mr. THURMOND, Mr. mates by the American Cancer Society Month’’; TORRICELLI, Mr. VOINOVICH, Mr. (2) declares that the Federal Government and the National Cancer Institute, NCI, WELLSTONE, Mr. WYDEN, and Mrs. CLIN- has a responsibility— more than 189,000 American men will TON) submitted the following resolu- (A) to raise awareness about the impor- learn that they have the disease during tion; which was referred to the Com- tance of screening methods and treatment of 2002. Nearly 30,000 American men will mittee on the Judiciary: prostate cancer; lose their lives to prostate cancer this S. RES. 326 (B) to increase research funding that is year, making it the second most com- commensurate with the burden of the disease Whereas according to the American Cancer so that the causes of, and improved methods mon cause of cancer death among men. Society, in 2002, 203,500 women will be diag- for screening, treating, and curing prostate These statistics translate into dev- nosed with breast cancer and 39,600 women cancer may be discovered; and astating realities for men and families will die from this diease; (C) to continue to consider ways for im- across this country. Whereas it is estimated that about 2,000,000 proving access to, and the quality of, health This disease will affect one in six women were diagnosed with breast cancer in care services for detecting and treating pros- men in the United States during his the 1990s, and that in nearly 500,000 of those tate cancer; and lifetime. More than 25 percent of those cases, the cancer resulted in death; (3) requests the President to issue a procla- battling this disease are under the age Whereas the risk of breast cancer increases with age, with a woman at age 70 years hav- mation calling upon the people of the United of 65, prime years of productivity for States, interested groups, and affected per- ing twice as much of a chance of developing sons to promote awareness of prostate can- families and for this nation. The num- the disease as a woman at age 50 years; cer, to take an active role in the fight to end ber of Americans impacted by cancer, Whereas at least 80 percent of the women the devastating effects of prostate cancer on and prostate cancer, is also expected to who get breast cancer have no family history individuals, their families, and the economy, grow. If unchecked during the next dec- of the disease; and to observe the month of September 2002 ade, cancer incidence and mortality Whereas mammograms, when operated with appropriate ceremonies and activities. rates could increase by 25 percent-30 professionally at a certified facility, can pro- Mr. SESSIONS. Mr. President, I rise vide safe screening and early detection of percent. In too many cases, prostate breast cancer in many women; today to submit, along with Senator cancer remains undetected until ad- Whereas mammography is an excellent REID and 36 of our colleagues from both vanced stages of the disease, when con- method for early detection of localized sides of the aisle, a resolution to des- ventional therapies no longer work. breast cancer, which has a 5-year survival ignate September 2002 as National This makes it critical that all Amer- rate of more than 97 percent; Prostate Cancer Awareness Month. As ican families understand the risks of Whereas the National Cancer Institute and a prostate cancer survivor myself, I un- prostate cancer and take measures to the American Cancer Society continue to recommend periodic mammograms; and derstand the importance of public ensure early detection. awareness and early detection, and I Whereas the National Breast Cancer Coali- If a man has one close relative with tion recommends that each woman and her hope that by designating this month as prostate cancer, his risk of the disease health care provider make an individual de- National Prostate Cancer Awareness is double that of the average male. cision about mammography: Now, therefore, Month, we can help save lives. With two close relatives, his risk is be it Since the tragic events on September fivefold. Should he have three close rel- Resolved, That the Senate— 11, 2001, Americans have continued to atives with prostate cancer, his likeli- (1) designates October 18, 2002, as ‘‘Na- honor their heroes of that day with re- hood of a prostate cancer diagnosis is tional Mammography Day’’; and spect, gratitude and, too often, the (2) requests that the President issue a nearly 97 percent. proclamation calling upon the people of the memory of lives lost. The ‘‘first re- African American families are at par- United States to observe the day with appro- sponders’’ protected our safety and ticular risk. African American men priate programs and activities. well-being, not only in New York and have the highest incidence and mor- Mr. BIDEN. Mr. President, today I Washington, but also in cities and tality rates in the world. According to am submitting a resolution designating towns across the country, where police, the National Prostate Cancer Coali- October 18, 2002, as ‘‘National Mam- fire, emergency service, National tion, we must raise public awareness mography Day’’. I am pleased that 54 of Guard and the military have been about the impact of prostate cancer my colleagues have endorsed this pro- laden with banners and bouquets of and emphasize early detection with the posal by agreeing to be original cospon- thanks, recognition and remembrance. PSA, prostate specific antigen, blood sors. I might note that I have intro- September is also ‘‘Prostate Cancer test and DRE, digital rectal examina- duced a similar resolution each year

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.061 S12PT1 S8572 CONGRESSIONAL RECORD — SENATE September 12, 2002 since 1993, and on each occasion the in general to discuss with their indi- amendment SA 4513 proposed by Mr. THOMP- Senate has shown its support for the vidual physicians whether this test is SON (for himself and Mr. WARNER) to the fight against breast cancer by approv- appropriate in their specific situations. amendment SA 4471 proposed by Mr. ing the resolution. So my message to women is: have a LIEBERMAN to the bill H.R. 5005, supra. Each year, as I prepare to submit periodic mammogram, or at the very SA 4535. Mr. THOMAS submitted an least discuss this option with your own amendment intended to be proposed to this resolution, I review the latest in- amendment SA 4471 proposed by Mr. formation from the American Cancer physician. LIEBERMAN to the bill H.R. 5005, supra; which Society about breast cancer. For the I know that some women don’t have was ordered to lie on the table. year 2002, it is estimated that over annual mammograms because of either fear or forgetfulness. It is only human 203,000 women will be diagnosed with f breast cancer and slightly fewer than nature for some women to avoid mam- 40,000 women will die of this disease. mograms because they are afraid of TEXT OF AMENDMENTS In past years, I have often com- what they will find. To those who are mented on how gloomy these statistics fearful, I would say that if you have SA 4532 Mr. BYRD (for himself and were. But as I review how these num- periodic routine mammograms, and the Mr. STEVENS) proposed an amendment bers are changing over time, I have latest one comes out positive, even be- to amendment SA 4472 proposed by Mr. come to the realization that it is really fore you have any symptoms or have BYRD to the bill H.R. 5093, making ap- more appropriate to be optimistic. The found a lump on self-examination, you propriations for the Department of the number of deaths from breast cancer is have reason to be optimistic, not pessi- Interior and related agencies for the falling from year to year. Early detec- mistic. Such early-detected breast can- fiscal year ending September 30, 2003, tion of breast cancer continues to re- cers are highly treatable. and for other purposes; as follows: sult in extremely favorable outcomes: Then there is forgetfulness. I cer- TITLEll—SUPPLEMENTAL 97 percent of women with localized tainly understand how difficult it is to APPROPRIATIONS remember to do something that only breast cancer will survive 5 years or That the following sums are appropriated, longer. New digital techniques make comes around once each year. I would out of any money in the Treasury not other- the process of mammography much suggest that this is where ‘‘National wise appropriated, for the fiscal year ending more rapid and precise than before. Mammography Day’’ comes in. On that September 30, 2002, and for other purposes, Government programs will provide free day, let’s make sure that each woman namely: mammograms to those who can’t af- we know picks a specific date on which CHAPTER 1 ford them, as well as Medicaid eligi- to get a mammogram each year, a date DEPARTMENT OF AGRICULTURE that she won’t forget: a child’s birth- bility for treatment if breast cancer is Office of the Secretary diagnosed. Information about treat- day, an anniversary, perhaps even the (INCLUDING TRANSFERS OF FUNDS) ment of breast cancer with surgery, day her taxes are due. On National chemotherapy, and radiation therapy Mammography Day, let’s ask our loved For an additional amount for ‘Office of the has exploded, reflecting enormous re- ones: pick one of these dates, fix it in Secretary’, $18,000,000 to remain available until expended: Provided, That the Secretary search advances in this disease. So I your mind along with a picture of your child, your wedding, or another symbol shall transfer these funds to the Agricultural am feeling quite positive about our Research Service, the Animal and Plant battle against breast cancer. A diag- of that date, and promise yourself to Health Inspection Service, the Agricultural nosis of breast cancer is not a death get a mammogram on that date every Marketing Service, and/or the Food Safety sentence, and I encounter long-term year. Do it for yourself and for the oth- and Inspection Service; Provided further, survivors of breast cancer nearly daily. ers that love you and want you to be That the entire amount is designated by the In recent months, the newspapers part of their lives for as long as pos- Congress as an emergency requirement pur- have been filled with discussion over sible. suant to section 251(b)(2)(A) of the Balanced And to those women who are reluc- Budget and Emergency Deficit Control Act whether the scientific evidence actu- of 1985, as amended. ally supports the conclusion that peri- tant to have a mammogram, I say let odic screening mammography saves National Mammography Day serve as a CHAPTER 2 lives. It seems that much of this con- reminder to discuss this question each DEPARTMENT OF JUSTICE troversy relates to new interpretations year with your physician. New sci- Office of Justice Programs of old studies, and the relatively few entific studies that are published and COMMUNITY ORIENTED POLICING recent studies of this matter have not new mammography techniques that are SERVICES developed may affect your decision on clarified this issue. Most sources seem For an amount to establish the Commu- to agree that all of the existing sci- this matter from one year to the next. nity Oriented Policing Services, Interoper- entific studies have some weaknesses, I encourage you to keep an open mind able Communications Technology Program but it is far from clear whether the and not to feel that a decision at one in consultation with the Office of Science very large and truly unambiguous point in time commits you irrevocably and Technology within the National Insti- study needed to settle this matter de- to a particular course of action for the tute of Justice, and the Bureau of Justice indefinite future. Assistance, for emergency expenses for ac- finitively can ever be done. tivities related to combating terrorism by So what is a woman to do? I do not I urge my colleagues to join me in the ongoing fight against breast cancer providing grants to States and localities to claim any expertise in this highly tech- improve communications within, and among, nical area, so I rely on the experts. The by cosponsoring and voting for this res- law enforcement agencies, $50,000,000, to re- American Cancer Society, the National olution to designate October 18, 2002, as main available until expended: Provided, Cancer Institute, and the U.S. Preven- National Mammography Day. That the entire amount is designated by the tive Services Task Force all continue f Congress as an emergency requirement pur- suant to section 251(b)(2)(A) of the Balanced to recommend periodic screening mam- AMENDMENTS SUBMITTED AND mography, and I endorse the state- Budget and Emergency Deficit Control Act PROPOSED of 1985, as amended. ments of these distinguished bodies. On the other hand, I recognize that SA 4532. Mr. BYRD (for himself and Mr. DEPARTMENT OF STATE STEVENS) proposed an amendment to amend- some women who examine these re- EMBASSY SECURITY, CONSTRUCTION, ment SA 4472 proposed by Mr. BYRD to the AND MAINTENANCE search studies are unconvinced of the bill H.R . 5093, making appropriations for the need for periodic screening mammog- Department of the Interior and related agen- For an additional amount for ‘Embassy Se- raphy. However, even those scientists cies for the fiscal year ending September 30, curity, Construction, and Maintenance’ for who do not support periodic mammog- 2003, and for other purposes. emergency expenses for activities related to raphy for all women believe that it is SA 4533. Mr. HOLLINGS proposed an combating international terrorism, appropriate for some groups of women amendment to amendment SA 4471 proposed $10,000,000, to remain available until ex- pended: Provided, That the entire amount is with particular risk factors. In agree- by Mr. LIEBERMAN to the bill H.R. 5005, to es- tablish the Department of Homeland Secu- designated by the Congress as an emergency ment with these experts, I encourage rity, and for other purposes. requirement pursuant to section 251(b)(2)(A) all women who have doubts about the SA 4534. Mr. LIEBERMAN (for himself and of the Balanced Budget and Emergency Def- usefulness of screening mammography Mr. GRAHAM) proposed an amendment to icit Control Act of 1985, as amended.

VerDate Sep 04 2002 04:14 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.090 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8573 CHAPTER 3 632(a) or 632(b) of the Foreign Assistance Act CHAPTER 10 DISTRICT OF COLUMBIA of 1961, or any similar provision of law, may INDEPENDENT AGENCY not be used to transfer or allocate any part FEDERAL FUNDS Federal Emergency Management Agency of such funds to any agency of the United Federal Payment to the District of Columbia States Government: Provided further, That EMERGENCY MANAGEMENT PLANNING For a Federal payment to the District of the entire amount is designated by the Con- AND ASSISTANCE Columbia for public safety expenses related gress as an emergency requirement pursuant For an additional amount for ‘Emergency to security events in the District of Colum- to section 251(b)(2)(A) of the Balanced Budg- management planning and assistance’ for bia, $12,000,000, to remain available until De- et and Emergency Deficit Control Act of emergency expenses to respond to the Sep- cember 1, 2003: Provided, That the Chief Fi- 1985, as amended: Provided further, That the tember 11, 2001, terrorist attacks on the nancial Officer of the District of Columbia funds appropriated under this heading shall United States, $200,000,000, to remain avail- shall provide a report, within 15 days of an be subject to the regular notification proce- able until September 30, 2003, of which expenditure, to the Committees on Appro- dures of the Committee on Appropriations. $150,000,000 is for programs as authorized by priations of the House of Representatives section 33 of the Federal Fire Prevention and CHAPTER 6 and Senate, detailing any expenditure of Control Act of 1974, as amended (15 U.S.C. these funds: Provided further, That the en- DEPARTMENT OF THE INTERIOR 2201 et seq.); and $50,000,000 for interoperable tire amount is designated by the Congress as National Park Service communications equipment: Provided, That an emergency requirement pursuant to sec- the entire amount is designated by the Con- tion 251(b)(2)(A) of the Balanced Budget and CONSTRUCTION gress as an emergency requirement pursuant Emergency Deficit Control Act of 1985, as For an additional amount for ‘Construc- to section 251(b)(2)(A) of the Balanced Budg- amended. tion’, $17,651,000, to remain available until et and Emergency Deficit Control Act of CHAPTER 4 expended: Provided That the Congress des- 1985, as amended. DEPARTMENT OF ENERGY ignates the entire amount as an emergency SA 4533. Mr. HOLLINGS proposed an ENERGY PROGRAMS requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Def- amendment to amendment SA 4471 pro- Science icit Control Act of 1985, as amended. posed by Mr. LIEBERMAN to the bill For an additional amount for ‘Science’ for CHAPTER 7 H.R. 5005, to establish the Department emergency expenses necessary to support of Homeland Security, and for other safeguards and security activities, DEPARTMENT OF HEALTH AND HUMAN purposes; as follows: $11,350,000: Provided, That the entire amount SERVICES is designated by the Congress as an emer- At the end of subtitle D of title I, add the gency requirement pursuant to section Office of the Secretary following; 251(b)(2)(A) of the Balanced Budget and PUBLIC HEALTH AND SOCIAL SERVICES SEC. 173. MODIFICATION OF MEMBERSHIP AND Emergency Deficit Control Act of 1985, as EMERGENCY FUND ADVISORS OF NATIONAL SECURITY COUNCIL. amended. For emergency expenses to respond to the (a) MEMBERS.—Subsection (a) of section 101 ATOMIC ENERGY DEFENSE ACTIVITIES September 11, 2001, terrorist attacks on the of the National Security Act of 1947 (50 National Nuclear Security Administration United States for ‘Public Health and Social U.S.C. 402) is amended— WEAPONS ACTIVITIES Services Emergency Fund’ for baseline and (1) in the fourth undesignated paragraph, follow-up screening and clinical examina- For an additional amount for ‘Weapons Ac- by redesignating clauses (1) through (6) as tions, long-term health monitoring and anal- tivities’ for emergency expenses, $138,650,000: subparagraphs (A) through (G), respectively; ysis for the emergency services personnel, Provided, That the entire amount is des- (2) by designating the undesignated para- rescue and recovery personnel, $90,000,000, to ignated by the Congress as an emergency re- graphs as paragraphs (1) through (4), respec- remain available until expended, of which no quirement pursuant to section 251(b)(2)(A) of tively; and less than $25,000,000 shall be available for the Balanced Budget and Emergency Deficit (3) in paragraph (4), as so designated— current and retired firefighters: Provided, Control Act of 1985, as amended. (A) by striking subparagraphs (E) and (F) That the entire amount is designated by the and inserting the following new subpara- CHAPTER 5 Congress as an emergency requirement pur- graphs: BILATERAL ECONOMIC ASSISTANCE suant to section 251(b)(2)(A) of the Balanced ‘‘(E) the Attorney General; Funds Appropriated to the President Budget and Emergency Deficit Control Act ‘‘(F) the Secretary of Homeland Security; UNITED STATES AGENCY FOR of 1985, as amended. and’’; and INTERNATIONAL DEVELOPMENT CHAPTER 8 (B) in subparagraph (G), as so redesignated, by striking ‘‘the Chairman of the Munitions CHILD SURVIVAL AND HEALTH DEPARTMENT OF TRANSPORTATION Board,’’ and all that follows and inserting PROGRAMS FUND Federal Aviation Administration ‘‘to serve at the pleasure of the President.’’. For an additional amount for ‘Child Sur- (b) ADVISORS.—That section is further vival and Health Programs Fund’ for emer- GRANTS-IN-AIR FOR AIRPORTS amended— gency expenses for activities related to com- (AIRPORTS AND AIRWAY TRUST FUND) (1) by redesignating subsections (g) bating HIV/AIDS, tuberculosis, and malaria, through (j) and subsection (i), as added by For an additional amount to enable the $200,000,000, to remain available until June section 301 of the International Religious Federal Aviation Administrator to com- 30, 2003: Provided, That such activities Freedom Act of 1998 (Public Law 105–292; 112 pensate airports for the direct costs associ- should include maternal health and related Stat. 2800), as subsections (i) through (m), re- ated with new, additional, or revised secu- assistance in communities heavily impacted spectively; rity requirements imposed on airport opera- by HIV/AIDS: Provided further, That addi- (2) by transferring subsection (l) (relating tors by the Administrator on or after Sep- tional assistance should be provided to pre- to the participation of the Director of Cen- tember 11, 2001, notwithstanding any other vent transmission of HIV/AIDS from mother tral Intelligence on the National Security provision of law, $150,000,000, to be derived to child: Provided further, That of the funds Council), as so redesignated, to appear after from the Airport and Airway Trust Fund and appropriated under this heading in this Act, subsection (f) and redesignating such sub- to remain available until expended: Pro- not less than $100,000,000 should be made section, as so transferred, as subsection (g); vided, That the entire amount is designated available for a further United States con- and by the Congress as an emergency require- tribution to the Global Fund to Fight AIDS, (3) by inserting after subsection (g), as so ment pursuant to section 251(b)(2)(A) of the Tuberculosis, and Malaria: Provided further, transferred and redesignated, the following Balanced Budget and Emergency Deficit That the cumulative amount of United new subsections: Control Act of 1985, as amended. States contributions to the Global Fund may ‘‘(h) The Director of the Federal Bureau of not exceed the total resources provided by CHAPTER 9 Investigation may, in the performance of the other donors and available for use by the DEPARTMENT OF THE TREASURY Director’s duties as the head of the Federal Global Fund as of December 31, 2002: Pro- Bureau of Investigation and subject to the vided further, That of the funds appropriated United States Customs Service direction of the President, attend and par- under this heading, up to $6,000,000 may be SALARIES AND EXPENSES ticipate in meetings of the National Security transferred to and merged with funds appro- Council.’’ priated by this Act under the heading ‘Oper- For an additional amount for ‘Salaries and ating Expenses of the United States Agency Expenses’ $39,000,000, to remain available SA 4534. Mr. LIEBERMAN (for him- for International Development’ for costs di- until expended: Provided, That the entire self and Mr. GRAHAM) proposed an rectly related to international health: Pro- amount is designated by the Congress as an vided further, That funds appropriated by emergency requirement pursuant to section amendment to amendment SA 4513 pro- this paragraph shall be apportioned to the 251(b)(2)(A) of the Balanced Budget and posed by Mr. THOMPSON (for himself United States Agency for International De- Emergency Deficit Control Act of 1985, as and Mr. WARNER) to the amendment velopment, and the authority of sections amended. SA 4471 proposed by Mr. LIEBERMAN to

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.094 S12PT1 S8574 CONGRESSIONAL RECORD — SENATE September 12, 2002 the bill H.R. 5005. to establish the De- available to the President under appropria- (3) plans for countering chemical, biologi- partment of Homeland Security, and tions Acts for fiscal year 2002 and fiscal year cal, radiological, nuclear and explosives, and for other purposes; as follows: 2003 in the ‘‘Office of Administration’’ appro- cyber threats; On page 2, line 4, insert after the period the priations account or the ‘‘Office of Homeland (4) plans for integrating the capabilities following: Security’’ appropriations account. Any and assets of the United States military into transfer or reprogramming of funds made all aspects of the Strategy; TITLE II—NATIONAL OFFICE FOR under this section shall be subject to the re- (5) plans for improving the resources of, co- COMBATING TERRORISM programming procedures in the Treasury and ordination among, and effectiveness of SEC. 201. NATIONAL OFFICE FOR COMBATING General Government Appropriations Act, health and medical sectors for detecting and TERRORISM. 2002 (Public Law 107–67). responding to terrorist attacks on the home- (a) ESTABLISHMENT.—There is established SEC. 202. DIRECTOR AND OFFICE. land; within the Executive Office of the President (6) specific measures to enhance coopera- (a) DEFINITIONS.—Unless the context clear- the National Office for Combating Ter- tive efforts between the public and private ly indicates otherwise, the following shall rorism. sectors in protecting against terrorist at- (b) OFFICERS.— apply for purposes of this division: tacks; (1) DIRECTOR.—The head of the Office shall (1) DIRECTOR.—The term ‘‘Director’’ means (7) a review of measures needed to enhance be the Director of the National Office for the Director of the National Office for Com- transportation security with respect to po- Combating Terrorism, who shall be ap- bating Terrorism. tential terrorist attacks; pointed by the President. (2) OFFICE.—The term ‘‘Office’’ means the (8) plans for identifying, prioritizing, and (2) EXECUTIVE SCHEDULE LEVEL I POSITION.— National Office for Combating Terrorism es- meeting research and development objec- Section 5312 of title 5, United States Code, is tablished under this title. tives to support homeland security needs; amended by adding at the end the following: (b) DIRECTOR.—The Director shall— and ‘‘Director of the National Office for Com- (1) develop the strategy with the Secretary (9) other critical areas. under section 102(b)(3); and bating Terrorism.’’. (d) COOPERATION.—At the request of the (3) OTHER OFFICERS.—The President shall (2) carry out the functions under section Secretary or Director, departments and assign to the Office such other officers as the 192(d)(1) and (2) with the Secretary. agencies shall provide necessary information President, in consultation with the Director, (c) OFFICE.— or planning documents relating to the Strat- considers appropriate to discharge the re- (1) RESEARCH AND DEVELOPMENT AGENDA.— egy. sponsibilities of the Office. The Under Secretary for Science and Tech- (e) INTERAGENCY COUNCIL.— (c) RESPONSIBILITIES.—Subject to the direc- nology shall coordinate with the Office, the (1) ESTABLISHMENT.—There is established tion and control of the President, the respon- OSTP, and other appropriate entities under the National Combating Terrorism and sibilities of the Office shall include the fol- section 135(c)(2)(A). Homeland Security Response Council to as- lowing: (2) TRANSFERS.—Section 189(a) shall apply sist with preparation and implementation of (1) To develop national objectives and poli- with respect to transfers to the Office. the Strategy. cies for combating terrorism. (3) GIFTS.—Section 189(f) shall apply with (2) MEMBERSHIP.—The members of the (2) To ensure that relevant agencies and respect to gifts to the Office. Council shall be the heads of the Federal ter- entities conduct appropriate risk analysis (4) DEFINITIONS.—The definitions developed rorism prevention and response agencies or and risk management activities and provide under section 192(d)(1) shall be considered in their designees. The Secretary and Director pertinent information derived such activities determining the mission of the Office. shall designate such agencies. to the Office, and to review and integrate (5) OFFICE OF SCIENCE AND TECHNOLOGY POL- (3) CO-CHAIRS AND MEETINGS.—The Sec- such information into the development of ICY.—Section 208(a)(1) of the National retary and Director shall co-chair the Coun- the Strategy. Science and Technology Policy, Organiza- cil, which shall meet at their direction. (3) To develop, with the Secretary of tion, and Priorities Act (42 U.S.C. 6617(a)(1)) (f) SUBMISSION TO CONGRESS.—Not later Homeland Security, the Strategy under title is amended by inserting ‘‘the National Office than December 1, 2003, and each year there- III. for Combating Terrorism,’’ after ‘‘National after in which a President is inaugurated, (4) To coordinate, oversee, and evaluate Security Council,’’. the Secretary and the Director shall submit the implementation and execution of the TITLE III—NATIONAL STRATEGY FOR the Strategy to Congress. (g) UPDATING.—Not later than December 1, Strategy by agencies with responsibilities COMBATING TERRORISM AND THE 2005, and on December 1, of every 2 years for combating terrorism under the Strategy, HOMELAND SECURITY RESPONSE particularly those involving military, intel- thereafter, the Secretary and the Director ligence, law enforcement, diplomatic, and SEC. 301. STRATEGY. shall submit to Congress an updated version scientific and technological assets. (a) DEVELOPMENT.—The Secretary and the of the Strategy. (5) To work with agencies, including the Director shall develop the National Strategy (h) PROGRESS REPORTS.—Not later than De- Environmental Protection Agency, to ensure for Combating Terrorism and Homeland Se- cember 1, 2004, and on December 1, of each that appropriate actions are taken to ad- curity Response for detection, prevention, year thereafter, the Secretary and the Direc- dress vulnerabilities identified by the Direc- protection, response, and recovery to tor may submit to Congress a report that— torate of Critical Infrastructure Protection counter terrorist threats, including threat, (1) describes the progress on implementa- within the Department. vulnerability, and risk assessment and anal- tion of the Strategy; and (6)(A) To coordinate, with the advice of the ysis, and the plans, policies, training, exer- (2) provides recommendations for improve- Secretary, the development of a comprehen- cises, evaluation, and interagency coopera- ment of the Strategy and the implementa- sive annual budget for the programs and ac- tion that address each such action relating tion of the Strategy. tivities under the Strategy, including the to such threats. SEC. 302. MANAGEMENT GUIDANCE FOR STRAT- budgets of the military departments and (b) RESPONSIBILITIES.— EGY IMPLEMENTATION. agencies within the National Foreign Intel- (1) RESPONSIBILITIES OF THE SECRETARY.— (a) IN GENERAL.—In consultation with the Director and the Secretary, the Director of ligence Program relating to international The Secretary shall have responsibility for the Office of Management and Budget shall terrorism, but excluding military programs, portions of the Strategy addressing border provide management guidance for agencies projects, or activities relating to force pro- security, critical infrastructure protection, to successfully implement and execute the tection. emergency preparation and response, and in- tegrating State and local efforts with activi- Strategy. (B) To have the lead responsibility for (b) OFFICE OF MANAGEMENT AND BUDGET ties of the Federal Government. budget recommendations relating to mili- REPORT.—Not later than 180 days after the ESPONSIBILITIES OF THE DIRECTOR.—The tary, intelligence, law enforcement, and dip- (2) R date of the submission of the Strategy re- lomatic assets in support of the Strategy. Director shall have overall responsibility for ferred to under section 301, the Director of (7) To serve as an advisor to the National development of the Strategy, and particu- the Office of Management and Budget shall— Security Council. larly for those portions of the Strategy ad- (1) submit to Congress a report describing (8) To work with the Director of the Fed- dressing intelligence, military assets, law agency progress under subsection (a); and eral Bureau of Investigation to ensure that— enforcement, and diplomacy. (2) provide a copy of the report to the (A) the Director of the National Office for (c) CONTENTS.—The contents of the Strat- Comptroller General of the United States. Combating Terrorism receives the relevant egy shall include— (c) GENERAL ACCOUNTING OFFICE REPORT.— information from the Federal Bureau of In- (1) a comprehensive statement of mission, Not later than 90 days after the receipt of vestigation related to terrorism; and goals, objectives, desired end-state, prior- the report required under subsection (b), the (B) such information is made available to ities and responsibilities; Comptroller General of the United States the appropriate agencies and to State and (2) policies and procedures to maximize the shall submit a report to the Governmental local law enforcement officials. collection, translation, analysis, exploi- Affairs Committee of the Senate, the Gov- (d) RESOURCES.—In consultation with the tation, and dissemination of information re- ernment Reform Committee of the House of Director, the President shall assign or allo- lating to combating terrorism and the home- Representatives, the Committee on Appro- cate to the Office such resources, including land security response throughout the Fed- priations of the Senate, and the Committee funds, personnel, and other resources, as the eral Government and with State and local on Appropriations of the House of Represent- President considers appropriate and that are authorities; atives, evaluating—

VerDate Sep 04 2002 02:48 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.062 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8575 (1) the management guidance identified nate an executive director and such other ad- the findings and recommendations of the under subsection (a); and ditional personnel as may be necessary to Panel under subsection (d), including any (2) Federal agency performance in imple- enable the Panel to perform its duties. The recommendations for legislation that the menting and executing the Strategy. employment of an executive director shall be Panel considers appropriate. SEC. 303. NATIONAL COMBATING TERRORISM subject to confirmation by the Panel. (B) REPORTS TO CONGRESS.—Not later than STRATEGY PANEL. (2) COMPENSATION.—The Chairperson of the 60 days after each report is submitted under (a) ESTABLISHMENT.—The Secretary and Panel may fix the compensation of the exec- subparagraph (A), the Secretary shall submit the Director shall establish a nonpartisan, utive director and other personnel without to the committees referred to under sub- independent panel to be known as the Na- regard to chapter 51 and subchapter III of section (b), and the Committees on Appro- tional Combating Terrorism Strategy Panel chapter 53 of title 5, United States Code, re- priations of the Senate and the House of (in this section referred to as the ‘‘Panel’’). lating to classification of positions and Gen- Representatives, a copy of the report with (b) MEMBERSHIP.— eral Schedule pay rates, except that the rate the comments of the Secretary and the Di- (1) APPOINTMENT.—The Panel shall be com- of pay for the executive director and other rector on the report. posed of a chairperson and 8 other individ- personnel may not exceed the rate payable uals appointed by the Secretary and the Di- for level V of the Executive Schedule under SA 4535. Mr. THOMAS submitted an rector, in consultation with the chairman section 5316 of such title. amendment intended to be proposed to and ranking member of the Committee on (3) PERSONNEL AS FEDERAL EMPLOYEES.— amendment SA 4471 proposed by Mr. Governmental Affairs of the Senate and the (A) IN GENERAL.—The executive director LIEBERMAN to the bill H.R. 5005, to es- chairman and ranking member of the Com- and any personnel of the Panel who are em- tablish the Department of Homeland mittee on Government Reform of the House ployees shall be employees under section 2105 of Representatives, from among individuals Security, and for other purposes; which of title 5, United States Code, for purposes of was ordered to lie on the table; as fol- in the private sector who are recognized ex- chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that perts in matters relating to combating ter- title. lows: On page 166, between lines 6 and 7, insert rorism and the homeland security of the (B) MEMBERS OF PANEL.—Subparagraph (A) the following: United States. shall not be construed to apply to members (2) TERMS.— of the Panel. SEC. 195A. USE OF COMMERCIAL GOODS AND SERVICES. (A) IN GENERAL.—An individual shall be ap- (4) REDUCTION OF STAFF.—During periods (a) POLICY.—It has been and continues to pointed to the Panel for an 18-month term. that members are not serving terms on the be the policy of the United States that, in (B) TERM PERIODS.—Terms on the Panel Panel, the executive director shall reduce the process of governing, the United States— shall not be continuous. All terms shall be the number and hours of employees to the for the 18-month period which begins 12 (1) should not compete with its citizens; minimum necessary to— and months before each date a report is required (A) provide effective continuity of the to be submitted under subsection (l)(2)(A). (2) should rely on commercial sources to Panel; and supply the goods and services needed by the (C) MULTIPLE TERMS.—An individual may (B) minimize personnel costs of the Panel. United States Government. serve more than 1 term. (i) DETAIL OF GOVERNMENT EMPLOYEES.— (b) REQUIREMENT.—The Secretary of Home- (c) DUTIES.—The Panel shall— Any Federal Government employee may be land Security shall rely on commercial (1) conduct and submit to the Secretary detailed to the Panel without reimburse- sources to supply the goods and services the assessment of the Strategy; and ment, and such detail shall be without inter- needed by the Department of Homeland Se- (2) conduct the independent, alternative ruption or loss of civil service status or curity. assessment of homeland security measures privilege. (c) EXCEPTIONS.—Subsection (b) does not (j) ADMINISTRATIVE PROVISIONS.— required under this section. apply to the performance of the following (d) ALTERNATIVE ASSESSMENT.—The Panel (1) USE OF MAIL AND PRINTING.—The Panel functions: shall submit to the Secretary an independent may use the United States mails and obtain (1) A function that is inherently govern- assessment of the optimal policies and pro- printing and binding services in the same mental in nature in that— grams to combat terrorism, including home- manner and under the same conditions as (A) the performance of such function is so land security measures. As part of the as- other agencies. intimately related to the public interest that sessment, the Panel shall, to the extent (2) SUPPORT SERVICES.—The Secretary shall it must be performed only by United States practicable, estimate the funding required furnish the Panel any administrative and Government personnel; and by fiscal year to achieve these optimal ap- support services requested by the Panel. (B) the performance of such function by proaches. (3) GIFTS.—The Panel may accept, use, and United States Government personnel does (e) INFORMATION FROM FEDERAL AGEN- dispose of gifts or donations of services or not compete with commercial enterprises in CIES.— property. the private sector. (1) IN GENERAL.—Subject to paragraph (2), (k) PAYMENT OF PANEL EXPENSES.—The the Panel may secure directly from any compensation, travel expenses, and per diem (2) A function that, by law or in the inter- agency such information as the Panel con- allowances of members and employees of the ests of national security, must be performed siders necessary to carry out this section. Panel shall be paid out of funds available to by United States Government personnel. (d) RELATIONSHIP TO OTHER LAW.—The Sec- Upon request of the Chairperson, the head of the Department for the payment of com- retary of Homeland Security shall admin- such department or agency shall furnish pensation, travel allowances, and per diem ister this section in a manner that is con- such information to the Panel. allowances, respectively, of civilian employ- sistent with the policies and laws that are (2) INTELLIGENCE INFORMATION.—The provi- ees of the Department. The other expenses of generally applicable to procurements of sion of information under this paragraph re- the Panel shall be paid out of funds available goods and services by the United States Gov- lated to intelligence shall be provided in ac- to the Department for the payment of simi- ernment. cordance with procedures established by the lar expenses incurred by the Department. Director of Central Intelligence and in ac- (l) REPORTS.— f (1) PRELIMINARY REPORT.— cordance with section 103(d)(3) of the Na- NOTICE OF HEARINGS/MEETINGS tional Security Act of 1947 (50 U.S.C. 403– (A) REPORT TO SECRETARY.—Not later than 3(d)(3)). July 1, 2004, the Panel shall submit to the COMMITTEE ON ENERGY AND NATURAL (f) COMPENSATION OF MEMBERS.—Each Secretary and the Director a preliminary re- RESOURCES member of the Panel shall be compensated port setting forth the activities and the find- Mr. BINGAMAN. Mr. President, I at a rate equal to the daily equivalent of the ings and recommendations of the Panel would like to announce for the infor- annual rate of basic pay prescribed for level under subsection (d), including any rec- mation of the Senate and the public IV of the Executive Schedule under section ommendations for legislation that the Panel considers appropriate. that a hearing has been scheduled be- 5315 of title 5, United States Code, for each fore the Subcommittee on National day (including travel time) during which (B) REPORT TO CONGRESS.—Not later than such member is engaged in the performance 30 days after the submission of the report Parks of the Committee on Energy and of the duties of the Panel. under subparagraph (A), the Secretary and Natural Resources. (g) TRAVEL EXPENSES.—The members of the Director shall submit to the committees The hearing will take place on Thurs- the Panel shall be allowed travel expenses, referred to under subsection (b), and the day, September 19, 2002, at 2:15 p.m. in including per diem in lieu of subsistence, at Committees on Appropriations of the Senate room 366 of the Dirksen Senate Office rates authorized for employees of agencies and the House of Representatives, a copy of Building in Washington, DC. under subchapter I of chapter 57 of title 5, that report with the comments of the Sec- The purpose of the hearing is to re- United States Code, while away from their retary on the report. ceive testimony on the following bills: homes or regular places of business in the (2) QUADRENNIAL REPORTS.— S. 2623, to designate the Cedar Creek performance of services for the Panel. (A) REPORTS TO SECRETARY.—Not later (h) STAFF.— than December 1, 2004, and not later than De- Battlefield and Belle Grove Plantation (1) IN GENERAL.—The Chairperson of the cember 1 every 4 years thereafter, the Panel National Historical Park as a unit of Panel may, without regard to the civil serv- shall submit to the Secretary and the Direc- the National Park System, and for ice laws and regulations, appoint and termi- tor a report setting forth the activities and other purposes;

VerDate Sep 04 2002 03:03 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.065 S12PT1 S8576 CONGRESSIONAL RECORD — SENATE September 12, 2002 S. 2640 and H.R. 3421, to provide for Agenda The PRESIDING OFFICER. Without adequate school facilities in Yosemite objection, it is so ordered. Witnesses National Park, and for other purposes; SELECT COMMITTEE ON INTELLIGENCE S. 2776, to provide for the protection Panel 1: The Honorable John Taylor, Mr. REID. Mr. President, I ask unan- of archaeological sites in the Galisteo Under Secretary for International Af- imous consent that the Select Com- Basin in New Mexico, and for other fairs, Department of Treasury, Wash- mittee on Intelligence be authorized to purposes; ington, DC. meet during the session of the Senate Panel 2: Witnesses to be announced. S. 2788, to revise the boundary of the on Thursday, September 12, 2002, at 10 The PRESIDING OFFICER. Without Wind Cave National Park in the State a.m. and 2:30 p.m., to hold a joint objection, it is so ordered. of South Dakota; closed hearing with the House Perma- COMMITTEE ON FOREIGN RELATIONS S. 2880, to designate Fort Bayard His- nent Select Committee on Intelligence Mr. REID. Mr. President, I ask unan- toric District in the State of New Mex- regarding the joint inquiry into the imous consent that the Committee on ico as a National Historic Landmark, events of September 11, 2001. Foreign Relations be authorized to and for other purposes; The PRESIDING OFFICER. Without meet during the session of the Senate H.R. 3786, to revise the boundary of objection, it is so ordered. on Thursday, September 12, 2002 at 2:30 the Glen Canyon National Recreation SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND p.m. to hold a hearing on the Moscow Area in the States of Utah and Arizona; SPACE Treaty. and Mr. REID. Mr. President, I ask unan- H.R. 3858, to modify the boundaries of AGENDA imous consent that the Subcommittee the New River Gorge National River, Witnesses on Science, Technology, and Space be West Virginia. Panel 1: The Honorable William J. authorized to meet on Thursday, Sep- Because of the limited time available Perry, Berberian Professor and Senior tember 12, 2002, at 2:30 p.m. on S. 2537/ for the hearing, witnesses may testify Fellow, Institute for International H.R. 3833, DOT Kids Implementation by invitation only. However, those Studies, Stanford University, Stanford, and Efficiency Act. The PRESIDING OFFICER. Without wishing to submit written testimony CA; for the hearing record should send two The Honorable Fred C. Ikle´, Distin- objection, it is so ordered. copies of their testimony to the Com- guished Scholar, Center for Strategic f mittee on Energy and Natural Re- and International Studies, Washington, PRIVILEGES OF THE FLOOR sources, United States Senate, 312 DC. Mr. REID. Mr. President, I ask unan- Dirksen Senate Office Building, Wash- Panel 2: The Honorable Rose imous consent that Elmer Ransom, a ington, DC 20510. Gottemoeller, Senior Associate, Rus- fellow on the Finance Committee staff, For further information, please con- sian and Eurasian and Global Policy be granted the privilege of the floor tact David Brooks of the Committee Programs, Carnegie Endowment for staff at (202) 224–9863. during the Senate’s proceedings today. International Peace, Washington, DC; The ACTING PRESIDENT pro tem- Ambassador James E. Goodby, Non- pore. Without objection, it is so or- f resident Senior Fellow, Foreign Policy dered. Studies, The Brookings Institution, AUTHORITY FOR COMMITTEES TO Mr. THOMPSON. Mr. President, I ask Washington, DC; unanimous consent that Thomas Swan- MEET Dr. John P. Holdren, Teresa and John ton, a staff member of Mr. SPECTER’s Heinz Professor of Environmental Pol- COMMITTEE ON BANKING, HOUSING, AND URBAN office, be granted floor privileges for icy and Director Science, Technology, AFFAIRS the duration of the debate on H.R. 5005, and Public Policy Program, Belfer Cen- Mr. REID. Mr. President, I ask unan- the homeland security bill. imous consent that the Committee on ter for Science and International Af- The PRESIDING OFFICER. Without Banking, Housing, and Urban Affairs fairs, John F. Kennedy School of Gov- objection, it is so ordered. be authorized to meet during the ses- ernment, Harvard University, Cam- Mr. THOMPSON. Mr. President, I ask sion of the Senate on Thursday, Sep- bridge, MA; unanimous consent that a fellow in Mr. Henry D. Sokolski, Executive Di- tember 12, 2002, at 2:00 p.m., to conduct Senator BROWNBACK’s staff, Jay Wolff, a hearing and mark-up for the nomina- rector, Nonproliferation Policy Edu- be permitted privileges of the floor tion of Wayne A. Abernathy, of Vir- cation Center, Washington, DC. during the homeland security bill. ginia, to be Assistant Secretary of the Additional witnesses to be an- The PRESIDING OFFICER. Without Treasury for Financial Institutions; a nounced. objection, it is so ordered. The PRESIDING OFFICER. Without mark-up of S. 2239, the FHA Downpay- Mr. THOMPSON. Mr. President, I ask objection, it is so ordered. ment Simplification Act of 2002; and a unanimous consent to extend floor mark-up of S. 1210, Reauthorizing the COMMITTEE ON HEALTH, EDUCATION, LABOR, privileges to Wan Kim and Michael AND PENSIONS Native American Housing and Self-De- Volkov, who are both on detail to the Mr. REID. Mr. President, I ask unan- termination Act of 1996. minority staff of the Judiciary Com- imous consent that the Committee on THE PRESIDING OFFICER. Without mittee, during the course of any debate Health, Education, Labor, and Pen- objection, it is so ordered. on H.R. 5005, the homeland security sions be authorized to meet for a hear- COMMITTEE ON FINANCE bill. ing on ‘‘One Year Later: Restoring Eco- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- nomic Security for Workers and the imous consent that the Committee on objection, it is so ordered. Nation,’’ during the session of the Sen- Mr. JEFFORDS. Madam President, I Finance be authorized to meet during ate on Thursday, September 12, 2002, at ask unanimous consent that Jan the session of the Senate on Thursday, 10 a.m., in SD–106. Rasgus, a congressional fellow in my September 12, 2002, to consider favor- The PRESIDING OFFICER. Without office, be granted floor privileges for ably reporting H.R. 5063, the Armed objection, it is so ordered. the remainder of today’s session. Forces Tax Fairness Act of 2002. COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without THE PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- objection, it is so ordered. objection, it is so ordered. imous consent that the Committee on f COMMITTEE ON FOREIGN RELATIONS Indian Affairs be authorized to meet on Mr. REID. Mr. President, I ask unan- Thursday, September 12, 2002, at 10 UNANIMOUS CONSENT imous consent that the Committee on a.m., in room 485 of the Russell Senate AGREEMENT—H.R. 5093 Foreign Relations be authorized to Office Building to conduct an oversight Mr. REID. I ask unanimous consent meet during the session of the Senate hearing on successful strategies for In- that on Friday, September 13, once the on Thursday, September 12, 2002 at dian reservation development and the Senate resumes consideration of H.R. 10:15 a.m. to hold a hearing on the lessons that can be learned from devel- 5093, the Department of the Interior ap- World Bank’s International Develop- oping country and other Indian tribal propriations bill, and the Dodd amend- ment Association. economies. ment No. 4522, the time until 10:15 be

VerDate Sep 04 2002 04:42 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.090 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8577 for debate prior to the vote in relation backlog in crime scene DNA testing and ø(8) in subsection (h), by inserting ‘‘or unit to the amendment, with no second-de- analysis. of local government’’ after ‘‘State’’ each ø gree amendment in order prior to a (c) AUTHORIZATION OF APPROPRIATIONS.— place that term appears. There is authorized to be appropriated such ø vote in relation to the amendment, SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR sums as may be necessary to carry out this BACKLOG GRANTS. with the time equally divided and con- section. øSection 2 of the DNA Analysis Backlog trolled as follows: Senator DODD con- øSEC. 3. GRANTS FOR ANALYSIS OF DNA SAM- Elimination Act of 2000 (42 U.S.C. 14135) is trolling time in support of the amend- PLES FROM RAPE KITS. amended— ment, and the time in opposition con- øSection 2(a) of the DNA Analysis Backlog ø(1) in subsection (b)— trolled equally between Senators Elimination Act of 2000 (42 U.S.C. 14135(a)) is ø(A) in paragraph (5), by striking the pe- amended— INOUYE and CAMPBELL; that at 10:15 riod at the end and inserting: ‘‘; and’’; and ø(1) in paragraph (2), by inserting ‘‘includ- ø a.m., without further intervening ac- (B) by adding at the end the following: ing samples from rape kits and nonsuspect ø‘‘(6) ensure that each laboratory per- tion or debate, the Senate proceed to cases’’ after ‘‘crime scene’’; and forming DNA testing or analysis satisfies the vote in relation to the amendment; ø(2) by adding at the end the following: quality assurance protocols and practices de- that if the amendment is not tabled, it ø‘‘(4) To ensure that DNA testing and anal- scribed in subsection (d)(2).’’; and remain debatable and amendable. ysis of samples from rape kits and nonsus- ø(2) by adding at the end the following: The PRESIDING OFFICER. Without pect cases are carried out in a timely man- ø‘‘(k) PRIORITY.—In awarding grants under ner.’’. objection, it is so ordered. this section, the Attorney General shall give øSEC. 4. INCREASED GRANTS FOR DNA ANALYSIS. priority to a State or unit of local govern- f øSection 2(j) of the DNA Analysis Backlog ment that has a significant rape kit or non- DNA SEXUAL ASSAULT JUSTICE Elimination Act of 2000 (42 U.S.C. 14135(j)) is suspect case backlog as compared to other amended— applicants.’’. ACT OF 2002 ø (1) in paragraph (1)— øSEC. 7. AUTHORIZATION FOR GRANTS FOR IM- Mr. REID. I ask unanimous consent ø(A) in subparagraph (B), by striking PROVED RESPONSES TO AND INVES- the Senate now proceed to the consid- ‘‘and’’ at the end; and TIGATION OF SEXUAL ASSAULT ø eration of Calendar No. 501, S. 2513. (B) by striking subparagraph (C) and in- CASES. serting the following: ø(a) AUTHORIZATION OF GRANTS.—The At- The PRESIDING OFFICER. The ø‘‘(C) $25,000,000 for fiscal year 2003; torney General shall make grants to eligible clerk will report the bill by title. ø‘‘(D) $25,000,000 for fiscal year 2004; entities to— The legislative clerk read as follows: ø‘‘(E) $25,000,000 for fiscal year 2005; and ø(1) carry out sexual assault examiner A bill (S. 2513) to assess the extent of the ø‘‘(F) $25,000,000 for fiscal year 2006.’’; and training and certification; backlog in DNA analysis of rape kit samples, ø(2) in paragraph (2), by striking subpara- ø(2) develop sexual assault examiner pro- and to improve investigation and prosecu- graphs (C) and (D) and inserting the fol- grams; tion of sexual assault cases with DNA evi- lowing: ø(3) acquire or improve forensic equipment; dence. ø‘‘(C) $100,000,000 for fiscal year 2003; ø(4) train law enforcement personnel in the There being no objection, the Senate ø‘‘(D) $100,000,000 for fiscal year 2004; handling of sexual assault cases and the col- proceeded to consider the bill, which ø‘‘(E) $50,000,000 for fiscal year 2005; and lection and use of DNA samples for use as fo- ø rensic evidence; and had been reported from the Committee ‘‘(F) $50,000,000 for fiscal year 2006.’’. øSEC. 5. AUTHORITY OF LOCAL GOVERNMENTS ø(5) train law enforcement personnel to on the Judiciary, with an amendment TO APPLY FOR AND RECEIVE DNA recognize, detect, report, and respond to to strike all after the enacting clause BACKLOG ELIMINATION GRANTS. drug-facilitated sexual assaults. and inserting in lieu thereof the fol- øSection 2 of the DNA Analysis Backlog ø(b) ELIGIBLE ENTITY.—For purposes of this lowing: Elimination Act of 2000 (42 U.S.C. 14135) is section, the term ‘‘eligible entity’’ means— [Delete the part printed in black amended— ø(1) a State; ø brackets and insert the part printed in (1) in subsection (a), by inserting ‘‘or eli- ø(2) a unit of local government; gible units of local government’’ after ‘‘eligi- ø italic.] (3) a college, university, or other institute ble States’’; of higher learning; øSECTION 1. SHORT TITLE. ø(2) in subsection (b)— ø(4) sexual assault examination programs, øThis Act may be cited as the ‘‘DNA Sex- ø(A) in the matter preceding paragraph (1), including sexual assault forensic examiner ual Assault Justice Act of 2002’’. by inserting ‘‘or unit of local government’’ (SAFE) programs, sexual assault nurse ex- øSEC. 2. ASSESSMENT ON BACKLOG IN DNA ANAL- after ‘‘State’’ each place that term appears; aminer (SANE) programs, and sexual assault YSIS OF SAMPLES. ø(B) in paragraph (1), by inserting ‘‘or unit response team (SART) programs; and ø(a) ASSESSMENT.— of local government’’ after ‘‘State’’; ø(5) a State sexual assault coalition. ø(1) IN GENERAL.—The Attorney General ø(C) in paragraph (3), by inserting ‘‘or unit ø(c) APPLICATION.—To receive a grant shall survey each law enforcement jurisdic- of local government’’ after ‘‘State’’ the first under this section— tion to assess the backlog of DNA testing of time that term appears; ø(1) the chief executive officer of a State, rape kit samples and other sexual assault ø(D) in paragraph (4)— unit of local government, or university that evidence. ø(i) by inserting ‘‘or unit of local govern- desires a grant under this section shall sub- ø(2) DETERMINATIONS.—The Attorney Gen- ment’’ after ‘‘State’’; and mit to the Attorney General— eral, acting through the Director of the Na- ø(ii) by striking ‘‘and’’ after the semicolon; ø(A) an application in such form and con- tional Institute of Justice, shall carry out an ø(E) in paragraph (5)— taining such information as the Attorney assessment of Federal, State, local, and trib- ø(i) by inserting ‘‘or unit of local govern- General may require; al territories law enforcement jurisdictions ment’’ after ‘‘State’’; and ø(B) certification that the testing will be to determine the amount of— ø(ii) by striking the final period and insert- done in a laboratory that complies with the ø(A) evidence contained in rape kits that ing ‘‘; and’’; and quality assurance and proficiency testing has not been subjected to DNA testing and ø(F) by adding at the end the following: standards for collecting and processing DNA analysis; and ø‘‘(6) if the applicant is a unit of local gov- samples issued by the Director of the Federal ø(B) evidence from sexual assault crimes ernment, certify that the applicant partici- Bureau of Investigation under section 210303 that has not been subjected to DNA testing pates in a State laboratory system.’’; of the DNA Identification Act of 1994 (42 and analysis. ø(3) in subsection (c), by inserting ‘‘or unit U.S.C. 14131); ø(b) REPORT.— of local government’’ after ‘‘State’’; ø(C) notice that the applicant is aware of, ø(1) IN GENERAL.—Not later than 1 year ø(4) in subsection (d)(2)(A), by inserting ‘‘or and utilizing, uniform protocols and stand- after the date of enactment of this Act, the units of local government’’ after ‘‘States’’; ards issued by the Department of Justice on Attorney General shall submit to Congress a ø(5) in subsection (e)— the collection and processing of DNA evi- report on the assessment carried out under ø(A) in paragraph (1), by inserting ‘‘or local dence at crime scenes; and subsection (a). government’’ after ‘‘State’’ each place that ø(D) if the applicant is a unit of local gov- ø(2) CONTENTS.—The report submitted term appears; and ernment, certification that the applicant under paragraph (1) shall include— ø(B) in paragraph (2), by inserting ‘‘or unit participates in a State laboratory system; ø(A) the results of the assessment carried of local government’’ after ‘‘State’’; and out under subsection (a); ø(6) in subsection (f), by inserting ‘‘or unit ø(2) an existing or proposed sexual assault ø(B) the number of rape kit samples and of local government’’ after ‘‘State’’; examination program shall submit to the At- other evidence from sexual assault crimes ø(7) in subsection (g)— torney General— that have not been subjected to DNA testing ø(A) in paragraph (1), by inserting ‘‘or unit ø(A) an application in such form and con- and analysis; and of local government’’ after ‘‘State’’; and taining such information as the Attorney ø(C) a plan for carrying out additional as- ø(B) in paragraph (2), by inserting ‘‘or General may require; sessments and reports to continue until all units of local government’’ after ‘‘States’’; ø(B) certification that the program com- law enforcement jurisdictions report no and plies with the standards and recommended

VerDate Sep 04 2002 03:03 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G12SE6.121 S12PT1 S8578 CONGRESSIONAL RECORD — SENATE September 12, 2002 protocol developed by the Attorney General øSEC. 9. INCREASED GRANTS FOR COMBINED ‘‘(E) $15,000,000 for fiscal year 2005; pursuant to section 1405 of the Victims of DNA INDEX (CODIS) SYSTEM. ‘‘(F) $15,000,000 for fiscal year 2006; and Trafficking and Violence Protection Act of øSection 210306 of the DNA Identification ‘‘(G) $15,000,000 for fiscal year 2007. 2000 (42 U.S.C. 3796gg note); and Act of 1994 (42 U.S.C. 14134) is amended— Amounts made available to carry out the pur- ø(C) notice that the applicant is aware of, ø(1) by striking ‘‘There’’ and inserting the poses specified in subsection (a)(1) shall remain and utilizing, uniform protocols and stand- following: available until expended.’’; and ards issued by the Department of Justice on ø‘‘(a) IN GENERAL.—There’’; and (2) in paragraph (2), by striking subpara- the collection and processing of DNA evi- ø(2) by adding at the end the following: graphs (C) and (D) and inserting the following: dence at crime scenes. ø‘‘(b) INCREASED GRANTS FOR CODIS.— ‘‘(C) $75,000,000 for fiscal year 2003; ø(d) PRIORITY.—In awarding grants under There is authorized to be appropriated to the ‘‘(D) $75,000,000 for fiscal year 2004; this section, the Attorney General shall give Federal Bureau of Investigation to carry out ‘‘(E) $75,000,000 for fiscal year 2005; priority to proposed or existing sexual as- a redesign of the Combined DNA Index Sys- ‘‘(F) $75,000,000 for fiscal year 2006; and sault examination programs that are serv- tem (CODIS) $9,646,000 for fiscal year 2003.’’. ‘‘(G) $25,000,000 for fiscal year 2007. ing, or will serve, populations currently un- øSEC. 10. INCREASED GRANTS FOR FEDERAL Amounts made available to carry out the pur- derserved by existing sexual assault exam- CONVICTED OFFENDER PROGRAM poses specified in paragraphs (2) and (3) of sub- ination programs. (FCOP). section (a) shall remain available until ex- øSection 3 of the DNA Analysis Backlog pended.’’. ø(e) RESTRICTIONS ON USE OF FUNDS.— Elimination Act of 2000 (42 U.S.C. 14135a) is ø(1) SUPPLEMENTAL FUNDS.—Funds made SEC. 5. AUTHORITY OF LOCAL GOVERNMENTS TO available under this section shall not be used amended by adding at the end the following: APPLY FOR AND RECEIVE DNA BACK- ø‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— LOG ELIMINATION GRANTS. to supplant State funds, but shall be used to There is authorized to be appropriated to the Section 2 of the DNA Analysis Backlog Elimi- increase the amount of funds that would, in Federal Bureau of Investigation to carry out nation Act of 2000 (42 U.S.C. 14135) is amend- the absence of Federal funds, be made avail- this section $497,000 for fiscal year 2003.’’.¿ ed— able from State sources for the purposes of SECTION 1. SHORT TITLE. (1) in subsection (a)— this section. (A) in the matter preceeding paragraph (1)— ø This Act may be cited as the ‘‘DNA Sexual As- (2) ADMINISTRATIVE COSTS.—An eligible (i) by inserting ‘‘, units of local government, sault Justice Act of 2002’’. entity may not use more than 3 percent of or Indian tribes’’ after ‘‘eligible States’’; and the funds it receives under this section for SEC. 2. ASSESSMENT OF BACKLOG IN DNA ANAL- (ii) by inserting ‘‘, unit of local government, administrative expenses. YSIS OF SAMPLES. or Indian tribe’’ after ‘‘State’’; and ø(3) NONEXCLUSIVITY.—Nothing in this sec- (a) ASSESSMENT.—The Attorney General, act- (B) in paragraph (3), by striking ‘‘or by units tion shall be construed to limit or restrict ing through the Director of the National Insti- of local government’’ and inserting ‘‘, units of the ability of proposed or existing sexual as- tute of Justice, shall survey Federal, State, local government, or Indian tribes’’; sault examination programs to apply for and local, and tribal law enforcement jurisdictions (2) in subsection (b)— obtain Federal funding from any other agen- to assess the amount of DNA evidence contained (A) in the matter preceding paragraph (1), by cy or department or any other Federal Grant in rape kits and in other evidence from sexual inserting ‘‘or unit of local government, or the program. assault crimes that has not been subjected to head of the Indian tribe’’ after ‘‘State’’ each ø(f) AUTHORIZATION OF APPROPRIATIONS.— testing and analysis. place that term appears; There are authorized to be appropriated to (b) REPORT.— (B) in paragraph (1), by inserting ‘‘, unit of the Department of Justice $15,000,000 for (1) IN GENERAL.—Not later than 1 year after local government, or Indian tribe’’ after each of fiscal years 2003 through 2006 to carry the date of enactment of this Act, the Attorney ‘‘State’’; out this section. General shall submit to Congress a report on the (C) in paragraph (3), by inserting ‘‘, unit of assessment carried out under subsection (a). local government, or Indian tribe’’ after ‘‘State’’ øSEC. 8. AUTHORIZING JOHN DOE DNA INDICT- (2) CONTENTS.—The report submitted under MENTS. the first time that term appears; paragraph (1) shall include— (D) in paragraph (4), by inserting ‘‘, unit of ø (a) LIMITATIONS.—Section 3282 of title 18, (A) the results of the assessment carried out local government, or Indian tribe’’ after United States Code, is amended— under subsection (a); ‘‘State’’; and ø (1) by striking ‘‘Except’’ and inserting the (B) the number of rape kit samples and other (E) in paragraph (5), by inserting ‘‘, unit of following: evidence from sexual assault crimes that have local government, or Indian tribe’’ after ø‘‘(a) LIMITATION.—Except’’; and not been subjected to DNA testing and analysis; ‘‘State’’; ø(2) by adding at the end the following: and (3) in subsection (c), by inserting ‘‘, unit of ø‘‘(b) DNA PROFILE INDICTMENT.— (C) a plan for carrying out additional assess- local government, or Indian tribe’’ after ø‘‘(1) IN GENERAL.—In any indictment ments and reports on the backlog in crime scene ‘‘State’’; found for an offense under chapter 109A, if DNA testing and analysis. (4) in subsection (d)— the identity of the accused is unknown, it (c) AUTHORIZATION OF APPROPRIATIONS.— (A) in paragraph (1)— shall be sufficient to describe the accused as There is authorized to be appropriated to the (i) in subparagraph (A), by striking ‘‘or a unit an individual whose name is unknown, but Department of Justice to carry out this section of local government’’ and inserting ‘‘, a unit of who has a particular DNA profile. $500,000 for fiscal year 2003. local government, or an Indian tribe’’; and ø‘‘(2) EXCEPTION.—Any indictment de- (ii) in subparagraph (B), by striking ‘‘or a SEC. 3. THE DEBBIE SMITH DNA BACKLOG GRANT unit of local government’’ and inserting ‘‘, a scribed in paragraph (1), which is found with- PROGRAM. unit of local government, or an Indian tribe’’; in 5 years after the offense under chapter Section 2 of the DNA Analysis Backlog Elimi- and 109A shall have been committed, shall not be nation Act of 2000 (42 U.S.C. 14135) is amend- (B) in paragraph (2)(A), by inserting ‘‘, units subject to— ed— of local government, and Indian tribes,’’ after ø‘‘(A) the limitations period described in (1) by striking the heading and inserting ‘‘AU- subsection (a); and ‘‘States’’; THORIZATION OF DEBBIE SMITH DNA (5) in subsection (e)— ø‘‘(B) the provisions of chapter 208 until BACKLOG GRANTS.’’; and the individual is arrested or served with a (A) in paragraph (1), by inserting ‘‘or local (2) in subsection (a)— government’’ after ‘‘State’’ each place that term summons in connection with the charges (A) in paragraph (2), by inserting ‘‘including contained in the indictment. appears; and samples from rape kits and samples from other (B) in paragraph (2), by inserting ‘‘, unit of ø‘‘(3) DEFINITION.—For purposes of this sub- sexual assault evidence, including samples local government, or Indian tribe’’ after section, the term ‘DNA profile’ means a set taken in cases with no identified suspect’’ after ‘‘State’’; of DNA identification characteristics.’’. ‘‘crime scene’’; and (6) in subsection (f), in the matter preceeding ø (b) PRIVACY PROTECTION STANDARD.—Sec- (B) by adding at the end the following: paragraph (1), by inserting ‘‘, unit of local gov- tion 10(a) of the DNA Analysis Backlog ‘‘(4) To ensure that DNA testing and analysis ernment, or Indian tribe’’ after ‘‘State’’; Elimination Act of 2000 (42 U.S.C. 14135e(a)) of samples from rape kits and nonsuspect cases (7) in subsection (g)— is amended by inserting before the period at are carried out in a timely manner.’’. (A) in paragraph (1), by inserting ‘‘, unit of the end the following: ‘‘or in section 3282(b) SEC. 4. INCREASED GRANTS FOR ANALYSIS OF local government, or Indian tribe’’ after of title 18, United States Code’’. DNA SAMPLES FROM CONVICTED OF- ‘‘State’’; and ø(c) RULES OF CRIMINAL PROCEDURE.—Rule FENDERS AND CRIME SCENES. (B) in paragraph (2), by inserting ‘‘, units of 7 of the Federal Rules of Criminal Procedure Section 2(j) of the DNA Analysis Backlog local government, or Indian tribes’’ after is amended in subdivision (c)(1) by adding at Elimination Act of 2000 (42 U.S.C. 14135(j)) is ‘‘States’’; and the end the following: ‘‘For purposes of an amended— (8) in subsection (h), by inserting ‘‘, unit of indictment referred to in section 3282 of title (1) in paragraph (1)— local government, or Indian tribe’’ after ‘‘State’’ 18, United States Code, if the identity of the (A) in subparagraph (B), by striking ‘‘and’’ at each place that term appears. defendant is unknown, it shall be sufficient the end; and SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR to describe the defendant, in the indictment, (B) by striking subparagraph (C) and insert- BACKLOG GRANTS. as an individual whose name is unknown, but ing the following: Section 2 of the DNA Analysis Backlog Elimi- who has a particular DNA profile, as defined ‘‘(C) $15,000,000 for fiscal year 2003; nation Act of 2000 (42 U.S.C. 14135) is amend- in that section 3282.’’. ‘‘(D) $15,000,000 for fiscal year 2004; ed—

VerDate Sep 04 2002 04:49 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 E:\CR\FM\A12SE6.082 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8579 (1) in subsection (b)— by the Attorney General pursuant to section of Federal funds, be made available from State (A) in paragraph (4), by striking ‘‘and’’ after 1405 of the Victims of Trafficking and Violence sources for the purposes of this section. the semicolon; Protection Act of 2000 (42 U.S.C. 3796gg note); (2) ADMINISTRATIVE COSTS.—An eligible entity (B) in paragraph (5), by striking the period at and may not use more than 5 percent of the funds it the end and inserting a semicolon; and (B) certify that the applicant is aware of, and receives under this section for administrative ex- (C) by adding at the end the following: utilizing, uniform protocols and standards penses. ‘‘(6) if the applicant is a unit of local govern- issued by the Department of Justice on the col- (3) NONEXCLUSIVITY.—Nothing in this section ment, certify that the applicant participates in lection and processing of DNA evidence at crime shall be construed to limit or restrict the ability a State laboratory system; scenes. of an eligible entity to apply for and obtain Fed- ‘‘(7) provide assurances that, not later than 3 (d) PRIORITY.—In awarding grants under this eral funding from any other agency or depart- years after the date on which the application is section, the Attorney General shall give priority ment or any other Federal grant program. submitted, the State, unit of local government, to proposed or existing sexual assault examina- (e) AUTHORIZATION OF APPROPRIATIONS.— or Indian tribe will implement a plan for for- tion programs that are serving, or will serve, There are authorized to be appropriated to the warding, not later than 180 days after a DNA populations currently underserved by existing Department of Justice $10,000,000 for each of fis- evidence sample is obtained, all samples col- sexual assault examination programs. cal years 2003 through 2007 to carry out this sec- lected in cases of sexual assault to a laboratory (e) RESTRICTIONS ON USE OF FUNDS.— tion. that meets the quality assurance standards for (1) SUPPLEMENTAL FUNDS.—Funds made avail- SEC. 10. AUTHORIZING JOHN DOE DNA INDICT- testing under subsection (d); and able under this section shall not be used to sup- MENTS. ‘‘(8) upon issuance of the regulations specified plant State funds, but shall be used to increase (a) LIMITATIONS.—Section 3282 of title 18, in section 10(d), certify that the State, unit of the amount of funds that would, in the absence United States Code, is amended— local government, or Indian tribe is in compli- of Federal funds, be made available from State (1) by striking ‘‘Except’’ and inserting the fol- ance with those regulations.’’; and sources for the purposes of this section. lowing: (2) by adding at the end the following: (2) ADMINISTRATIVE COSTS.—An eligible entity ‘‘(a) LIMITATION.—Except’’; and ‘‘(k) PRIORITY.—In awarding grants under may not use more than 5 percent of the funds it (2) by adding at the end the following: this section, the Attorney General shall give pri- receives under this section for administrative ex- ‘‘(b) DNA PROFILE INDICTMENT.— ority to a State or unit of local government that penses. ‘‘(1) IN GENERAL.—In any indictment found has a significant rape kit or nonsuspect case (3) NONEXCLUSIVITY.—Nothing in this section for an offense under chapter 109A, if the iden- backlog per capita as compared with other ap- shall be construed to limit or restrict the ability tity of the accused is unknown, it shall be suffi- plicants.’’. of proposed or existing sexual assault examina- cient to describe the accused as an individual SEC. 7. QUALITY ASSURANCE STANDARDS FOR tion programs to apply for and obtain Federal whose name is unknown, but who has a par- COLLECTION AND HANDLING OF funding from any other agency or department or ticular DNA profile. DNA EVIDENCE. any other Federal grant program. ‘‘(2) EXCEPTION.—Any indictment described in (a) NATIONAL PROTOCOL.— (f) AUTHORIZATION OF APPROPRIATIONS.— paragraph (1), which is found within 5 years (1) IN GENERAL.—The Attorney General shall There are authorized to be appropriated to the after the offense under chapter 109A shall have review national, State, local, and tribal govern- Department of Justice, to remain available until been committed, shall not be subject to— ment protocols, that exist on or before the date expended, $30,000,000 for each of fiscal years ‘‘(A) the limitations period described in sub- of enactment of this Act, on the collection and 2003 through 2007 to carry out this section. section (a); and processing of DNA evidence at crime scenes. SEC. 9. DNA EVIDENCE TRAINING GRANTS. ‘‘(B) the provisions of chapter 208 until the in- (2) RECOMMENDED PROTOCOL.—Based upon dividual is arrested or served with a summons in the review described in paragraph (1), the Attor- (a) AUTHORIZATION OF GRANTS.—The Attor- connection with the charges contained in the in- ney General shall develop a recommended na- ney General shall make grants to eligible entities dictment. tional protocol for the collection of DNA evi- to— ‘‘(3) DEFINITION.—For purposes of this sub- dence at crime scenes, including crimes of rape (1) train law enforcement personnel and all section, the term ‘DNA profile’ means a set of and other sexual assault. other first responders at crime scenes, including DNA identification characteristics.’’. (b) STANDARDS, PRACTICE, AND TRAINING FOR investigators, in the handling of sexual assault (b) RULES OF CRIMINAL PROCEDURE.—Rule 7 SEXUAL ASSAULT FORENSIC EXAMINATIONS.— cases and the collection and use of DNA samples of the Federal Rules of Criminal Procedure is Section 1405(a) of the Victims of Trafficking and for use as forensic evidence; amended in subdivision (c)(1) by adding at the Violence Protection Act of 2000 (42 U.S.C. 3796gg (2) train State and local prosecutors on the end the following: ‘‘For purposes of an indict- note) is amended— use of DNA samples for use as forensic evidence; (1) in paragraph (2), by inserting ‘‘and emer- and ment referred to in section 3282 of title 18, gency response personnel’’ after ‘‘health care (3) train law enforcement personnel to recog- United States Code, if the identity of the de- students’’; and nize, detect, report, and respond to drug-facili- fendant is unknown, it shall be sufficient to de- (2) in paragraph (3), by inserting ‘‘and DNA tated sexual assaults. scribe the defendant, in the indictment, as an evidence collection’’ after ‘‘sexual assault foren- (b) ELIGIBLE ENTITY.—For purposes of this individual whose name is unknown, but who sic examinations’’. section, the term ‘‘eligible entity’’ means— has a particular DNA profile, as defined in that (1) a State; section 3282.’’. SEC. 8. SEXUAL ASSAULT FORENSIC EXAM PRO- GRAM GRANTS. (2) a unit of local government; SEC. 11. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) SYSTEM. (a) AUTHORIZATION OF GRANTS.—The Attor- (3) a college, university, or other institute of ney General shall make grants to eligible entities higher learning; and Section 210306 of the DNA Identification Act to— (4) an Indian tribe. of 1994 (42 U.S.C. 14134) is amended— (1) establish and maintain sexual assault ex- (c) APPLICATION.—To receive a grant under (1) by striking ‘‘There’’ and inserting the fol- aminer programs; this section, the chief executive officer of a lowing: (2) carry out sexual assault examiner training State, unit of local government, or university, or ‘‘(a) IN GENERAL.—There’’; and and certification; and the head of a tribal government that desires a (2) by adding at the end the following: (3) acquire or improve forensic equipment. grant under this section shall submit to the At- ‘‘(b) INCREASED GRANTS FOR CODIS.—There is (b) ELIGIBLE ENTITY.—For purposes of this torney General— authorized to be appropriated to the Federal section, the term ‘‘eligible entity’’ means— (1) an application in such form and con- Bureau of Investigation to carry out upgrades (1) a State; taining such information as the Attorney Gen- to the Combined DNA Index System (CODIS) (2) a unit of local government; eral may require; $9,700,000 for fiscal year 2003.’’. (3) a college, university, or other institute of (2) certification that the applicant is aware of, SEC. 12. INCREASED GRANTS FOR FEDERAL CON- higher learning; and utilizing, uniform protocols and standards VICTED OFFENDER PROGRAM (4) an Indian tribe; issued by the Department of Justice on the col- (FCOP). (5) sexual assault examination programs, in- lection and processing of DNA evidence at crime Section 3 of the DNA Analysis Backlog Elimi- cluding sexual assault nurse examiner (SANE) scenes; nation Act of 2000 (42 U.S.C. 14135a) is amended programs, sexual assault forensic examiner (3) certification that the applicant is aware of, by adding at the end the following: (SAFE) programs, and sexual assault response and utilizing, the national sexual assault foren- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— team (SART) programs; and sic examination training protocols developed There is authorized to be appropriated to the (6) a State sexual assault coalition. under section 1405(a) of the Victims of Traf- Federal Bureau of Investigation to carry out (c) APPLICATION.—To receive a grant under ficking and Violence Protection Act of 2000 (42 this section $500,000 for fiscal year 2003.’’. this section— U.S.C. 3796gg note); and SEC. 13. PRIVACY REQUIREMENTS FOR HAN- (1) an eligible entity shall submit to the Attor- (4) if the applicant is a unit of local govern- DLING DNA EVIDENCE AND DNA ney General an application in such form and ment, certification that the applicant partici- ANALYSES. containing such information as the Attorney pates in a State laboratory system. (a) PRIVACY PROTECTION STANDARD.—Section General may require; and (d) RESTRICTIONS ON USE OF FUNDS.— 10(a) of the DNA Analysis Backlog Elimination (2) an existing or proposed sexual assault ex- (1) SUPPLEMENTAL FUNDS.—Funds made avail- Act of 2000 (42 U.S.C. 14135e(a)) is amended by amination program shall also— able under this section shall not be used to sup- inserting before the period at the end the fol- (A) certify that the program complies with the plant State funds, but shall be used to increase lowing: ‘‘or in section 3282(b) of title 18, United standards and recommended protocol developed the amount of funds that would, in the absence States Code’’.

VerDate Sep 04 2002 03:03 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\CR\FM\A12SE6.082 S12PT1 S8580 CONGRESSIONAL RECORD — SENATE September 12, 2002 (b) LIMITATION ON ACCESS TO DNA INFORMA- impact heard around the world in rock and laid on the table, and any statements TION.—Section 10 of the DNA Analysis Backlog roll, jazz, rhythm and blues, country, and regarding this matter be printed in the Elimination Act of 2000 (42 U.S.C. 14135e) is even classical music; RECORD. amended by adding at the end the following: Whereas the blues is a national historic The PRESIDING OFFICER. Without ‘‘(d) LIMITATION ON ACCESS TO DNA INFORMA- treasure, which needs to be preserved, stud- TION.— ied, and documented for future generations; objection, it is so ordered. ‘‘(1) IN GENERAL.—The Attorney General shall Whereas the blues is an important docu- The concurrent resolution (H. Con. establish, by regulation, procedures to limit ac- mentation of African-American culture in Res. 183) was agreed to. cess to, or use of, stored DNA samples or DNA the twentieth century; The preamble was agreed to. analyses. Whereas the various forms of the blues ‘‘(2) REGULATIONS.—The regulations estab- document twentieth-century American his- f lished under paragraph (1) shall establish con- tory during the Great Depression and in the ditions for using DNA information to— areas of race relations, pop culture, and the DESIGNATING THE WEEK BEGIN- ‘‘(A) limit the use and dissemination of such migration of the United States from a rural, NING SEPTEMBER 15, 2002, AS information, as provided under subparagraphs agricultural society to an urban, industri- ‘‘NATIONAL HISTORICALLY (A), (B), and (C) of section 210304(b)(3) of the alized Nation; BLACK COLLEGES AND UNIVER- Violent Crime Control and Law Enforcement Whereas the blues is the most celebrated SITIES WEEK’’ Act of 1994 (42 U.S.C. 14132(b)(3)); form of American roots music, with hun- ‘‘(B) limit the redissemination of such infor- dreds of festivals held and millions of new or Mr. REID. I ask unanimous consent mation; reissued blues albums released each year in the Judiciary Committee be discharged ‘‘(C) ensure the accuracy, security, and con- the United States; from further consideration of S. Res. fidentiality of such information; Whereas the blues and blues musicians 305, and that the Senate now proceed to ‘‘(D) protect any privacy rights of individuals from the United States, whether old or new, who are the subject of such information; and male or female, are recognized and revered its immediate consideration. ‘‘(E) provide for the timely removal and de- worldwide as unique and important ambas- The PRESIDING OFFICER. Without struction of obsolete or inaccurate information, sadors of the United States and its music; objection, it is so ordered. The clerk or information required to be expunged.’’. Whereas it is important to educate the will report the resolution by title. (c) CRIMINAL PENALTY.—Section 10(c) of the young people of the United States to under- The legislative clerk read as follows: DNA Analysis Backlog Elimination Act of 2000 stand that the music that they listen to (42 U.S.C. 14135e) is amended— today has its roots and traditions in the A resolution (S. Res. 305) designating the (1) in paragraph (1), by striking ‘‘discloses a blues; week beginning September 15, 2002, as ‘‘Na- sample or result’’ and inserting ‘‘discloses or Whereas there are many living legends of tional Historically Black Colleges And Uni- uses a DNA sample or DNA analysis’’; and the blues in the United States who need to versities Week.’’ (2) in paragraph (2), by inserting ‘‘per of- be recognized and to have their story cap- There being no objection, the Senate fense’’ after ‘‘$100,000’’. tured and preserved for future generations; proceeded to consider the resolution. Mr. REID. I ask consent that the and Mr. REID. I ask unanimous consent committee substitute amendment be Whereas the year 2003 is the centennial an- niversary of when W.C. Handy, a classically- that the resolution and the preamble agreed to, the bill, as amended, be read be agreed to, the motion to reconsider the third time and passed, the motion trained musician, heard the blues for the be laid on the table, and any statement to reconsider be laid upon the table, first time, in a train station in Mississippi, relating thereto be printed in the and any statements relating thereto be thus enabling him to compose the first blues music to distribute throughout the United RECORD. printed in the RECORD. States, which led to him being named ‘‘Fa- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ther of the Blues’’: Now, therefore, be it objection, it is so ordered. objection, it is so ordered. Resolved, That the Senate— The committee amendment in the (1) designates the year beginning February The resolution (S. Res. 305) was nature of a substitute was agreed to. 1, 2003, as the ‘‘Year of the Blues’’; and agreed to. The bill (S. 2513), as amended, was (2) requests that the President issue a The preamble was agreed to. read the third time and passed. proclamation calling on the people of the The resolution, with its preamble, United States to observe the ‘‘Year of the reads as follows: f Blues’’ with appropriate ceremonies, activi- ties, and educational programs. S. RES. 305 Whereas there are 105 historically black DESIGNATING ‘‘YEAR OF THE f colleges and universities in the United BLUES’’ EXPRESSING THE SENSE OF CON- States; Mr. REID. I ask unanimous consent GRESS REGARDING THE UNITED Whereas black colleges and universities that the Senate proceed to Calendar provide the quality education so essential to STATES CONGRESSIONAL PHIL- full participation in a complex, highly tech- No. 567, S. Res. 316. HARMONIC SOCIETY The PRESIDING OFFICER. The nological society; clerk will report the resolution by Mr. REID. Mr. President, I ask unan- Whereas black colleges and universities imous consent the Judiciary Com- have a rich heritage and have played a title. prominent role in American history; The legislative clerk read as follows: mittee be discharged from further con- Whereas black colleges and universities A resolution (S. Res. 316) designating sideration of H. Con. Res. 183, and the have allowed many underprivileged students the year beginning February 1, 2002, as Senate then proceed to its consider- to attain their full potential through higher the ‘‘Year of the Blues.’’ ation. education; and There being no objection, the Senate The PRESIDING OFFICER. Without Whereas the achievements and goals of his- proceeded to consider the resolution. objection, it is so ordered. The clerk torically black colleges and universities are Mr. REID. I ask unanimous consent will report the resolution by title. deserving of national recognition: Now, that this resolution and the preamble therefore, be it The legislative clerk read as follows: Resolved, be agreed to, the motion to reconsider A concurrent resolution (H. Con. Res. 183) be laid upon the table, and any state- SECTION 1. DESIGNATION OF NATIONAL HIS- expressing the sense of Congress regarding TORICALLY BLACK COLLEGES AND ments relating thereto be printed in the United States Congressional Phil- UNIVERSITIES WEEK. the RECORD. harmonic Society and its mission of pro- The Senate— The PRESIDING OFFICER. Without moting musical excellence throughout the (1) designates the week beginning Sep- objection, it is so ordered. educational system and encouraging people tember 15, 2002, as ‘‘National Historically The resolution (S. Res. 316) was of all ages to commit to the love and expres- Black Colleges and Universities Week’’; and agreed to. sion of musical performance. (2) requests that the President of the The preamble was agreed to. There being no objection, the Senate United States issue a proclamation calling The resolution, with its preamble, proceeded to consider the concurrent on the people of the United States and inter- reads as follows: resolution. ested groups to observe the week with appro- priate ceremonies, activities, and programs S. RES. 316 Mr. REID. I ask unanimous consent to demonstrate support for historically Whereas blues music is the most influen- the resolution and its preamble be black colleges and universities in the United tial form of American roots music, with its agreed to, the motion to reconsider be States.

VerDate Sep 04 2002 04:33 Sep 13, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A12SE6.082 S12PT1 September 12, 2002 CONGRESSIONAL RECORD — SENATE S8581 CONGRATULATING THE NATIONAL Resolved, That the Senate commends and The PRESIDING OFFICER. Without FARMERS UNION FOR 100 YEARS congratulates the National Farmers Union objection, it is so ordered. OF SERVICE TO FAMILY FARM- for a century of dedicated service to the ERS, RANCHERS, AND RURAL farmers, ranchers, and rural communities of f the United States. COMMUNITIES f PROGRAM Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, the next imous consent the Agriculture Com- PROVIDING A TEMPORARY WAIV- ER UNDER THE CLEAN AIR ACT rollcall vote will occur tomorrow mittee be discharged from further con- morning at 10:15 a.m. in relation to the sideration of S. Res. 324, and the Sen- Mr. REID. Mr. President, I ask unan- Dodd amendment to the Interior Ap- ate now proceed to its immediate con- imous consent the Senate proceed to propriations bill. At noon the Senate sideration. the immediate consideration of H.R. The PRESIDING OFFICER. Without will resume consideration of the Home- 3880, which has just been received from land Security Act. objection, it is so ordered. The clerk the House. will report the resolution by title. The PRESIDING OFFICER. The f The legislative clerk read as follows: clerk will report the bill by title. A resolution (S. Res. 324) congratulating The legislative clerk read as follows: ADJOURNMENT UNTIL 9:45 A.M. the National Farmers Union for 100 years of A bill (H.R. 3880) to provide a temporary TOMORROW service to family farmers, ranchers, and waiver from certain transportation con- rural communities. Mr. REID. Mr. President, I appreciate formity requirements and metropolitan very much the patience of the Pre- There being no objection the Senate transportation planning requirements under siding Officer. proceeded to consider the resolution. the Clean Air Act and under other laws for I now ask unanimous consent, as I Mr. REID. I ask unanimous consent certain areas in New York where the plan- that the resolution and the preamble ning offices and resources have been de- believe there is no further business to be agreed to en bloc, the motion to re- stroyed by acts of terrorism, and for other come before the Senate, that the Sen- consider be laid on the table with no purposes. ate stand in adjournment under the intervening action or debate, and any There being no objection, the Senate previous order. statements relating thereto be printed proceeded to consider the bill. There being no objection, the Senate, at 7:53 p.m, adjourned until Friday, in the RECORD. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without the bill be read three times, passed, the September 13, 2002, at 9:45 a.m. motion to reconsider be laid on the objection, it is so ordered. f The resolution (S. Res. 324) was table, and any statements relating agreed to. thereto be printed in the RECORD, with- NOMINATIONS The preamble was agreed to. out any intervening action or debate. Executive nominations received by The resolution, with its preamble, The PRESIDING OFFICER. Without the Senate September 12, 2002: reads as follows: objection, it is so ordered. DEPARTMENT OF STATE S. RES. 324 The bill (H.R. 3880) was read the third Whereas the National Farmers Union cele- time and passed. MAURA ANN HARTY, OF FLORIDA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- brates its centennial anniversary in 2002; f COUNSELOR, TO BE AN ASSISTANT SECRETARY OF Whereas during its 100 years of service to STATE (CONSULAR AFFAIRS), VICE MARY A. RYAN. rural America, the National Farmers Union ORDERS FOR FRIDAY, SEPTEMBER THE JUDICIARY has faithfully promoted the organization’s 13, 2002 RALPH R. ERICKSON, OF NORTH DAKOTA, TO BE mission of education, legislation, and co- Mr. REID. Mr. President, I ask unan- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF operation as identified by its founders and imous consent that when the Senate NORTH DAKOTA, VICE RODNEY S. WEBB, RETIRED. proclaimed in its triangular symbol; S. MAURICE HICKS, JR., OF LOUISIANA, TO BE UNITED completes its business today, it ad- STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT Whereas the National Farmers Union rep- OF LOUISIANA, VICE DONALD E. WALTER, RETIRED. resents nearly 300,000 family farmer and journ until 9:45 a.m. tomorrow, Friday, THOMAS L. LUDINGTON, OF MICHIGAN, TO BE UNITED rancher members across the United States; September 13; that following the pray- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHIGAN, VICE PAUL V. GADOLA, RETIRED. Whereas the National Farmers Union epit- er and the Pledge, the Journal of pro- WILLIAM D. QUARLES, JR., OF MARYLAND, TO BE omizes the spirit and energy of hundreds of ceedings be approved to date, the UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF thousands of family farmers, ranchers, rural MARYLAND, VICE WILLIAM M. NICKERSON, RETIRED. morning hour be deemed expired, the VICTOR J. WOLSKI, OF VIRGINIA, TO BE A JUDGE OF advocates, and communities; time for the two leaders be reserved for THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A Whereas the National Farmers Union re- their use later in the day, and the Sen- TERM OF FIFTEEN YEARS, VICE BOHDAN A. FUTEY, mains dedicated to protecting and enhancing TERM EXPIRED. ate proceed to executive session to con- GLEN L. BOWER, OF ILLINOIS, TO BE A JUDGE OF THE the quality of life for rural America; UNITED STATES TAX COURT FOR A TERM OF FIFTEEN Whereas the National Farmers Union has sider Executive Calendar No. 961 and YEARS AFTER HE TAKES OFFICE, VICE CAROLYN MILLER been instrumental in the establishment and the nomination be confirmed without PARR, TERM EXPIRED. progress of the farmer-owned cooperative any intervening action or debate; that f movement; and following the disposition of the nomi- Whereas the National Farmers Union nation, the motion to reconsider be CONFIRMATION strives to improve rural America through laid on the table, any statements proactive support and proposals to enhance Executive nomination confirmed by thereon be printed in the RECORD, the rural economic development, educational op- the Senate September 12, 2002: President be immediately notified, and portunities, resource conservation, market THE JUDICIARY competition, domestic farm income, and the Senate return to legislative session and resume consideration of the Inte- TIMOTHY J. CORRIGAN, OF FLORIDA, TO BE UNITED international cooperation: Now, therefore, be STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF it rior Appropriations Act. FLORIDA.

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