Mike DeWine

Mr. DeWINE

Mr. DeWINE. Mr. President, today I join my friend and colleague from Ohio, Senator George Voinovich, to introduce the National Aviation Heritage Area Act, an act to establish a National Aviation Heritage Area within our home State of Ohio. For hundreds of years prior to the 20th Century, man dreamt of flying. Some of the earliest records of mankind reveal a fascination with birds and the ability to leave the ground. In fact, the Renaissance revolution in art showed us many of the first recorded designs for achieving this feat. By 1903, man succeeded, altering the course of modern history. This year, we mark the 100th anniversary of manned flight. I am proud to say that the famed Wright Brothers, Wilbur and Orville, were native Ohioans. These two men are important symbols of an evolving age of discovery, an age beginning with the Wright Brothers' first controlled, heavier-than-air flight on December 17, 1903. A mere half-a-century or so later, mankind was flying not just above the ground, but above our planet Earth, which was quickly followed by Neil Armstrong's first steps on the moon. It is amazing to just sit back and consider that all of these things, all of these incredible achievements have all occurred in a very short span of less than one hundred years. There is so much to say about the historical and cultural significance of the birth of aviation, but I think one of its unique educational aspects is its ability to be interactive with students outside of the classroom. And, that is one of the main reasons we are introducing our National Aviation Heritage Area legislation today. Our bill seeks to help foster strong public and private investments in many of Ohio's aviation landmarks, landmarks that have enormous educational value. Some of these landmarks include the Wright Brothers' ``Wright Cycle Company,'' located in Dayton and the Wright-Dunbar Interpretive Center, where students of all ages can learn about the painstaking measures the Wright Brothers and many of their predecessors took to achieve what today seems to be so commonplace. Other landmarks include the Huffman Prairie Flying Field, where, after the Wright Brothers' famous flight in Kitty Hawk, NC, the Brothers returned home to perfect the design of the world's first airplane and the Paul Laurence Dunbar State Memorial, which showcases this great African American poet's strong international voice for racial equality and justice. The Heritage Area also includes the Neil Armstrong Museum, which highlights the great achievements of man's first walk on the moon. If I may add also, Neil Armstrong is a native Ohioan. Flight has become a very important square in the patchwork of our nation's history, and I am proud that my home State of Ohio has played such a large role in its evolution. We are reminded of how manned flight has changed our history every time we look skyward and see the crisscross of jet contrails. We are reminded of this every time we walk through the Rotunda of our very own U.S. Capitol and see the last frieze square that depicts the Wright Brothers and their invention. And, we are reminded of this by one of the great symbols of America, the eagle, a flying bird that represents the freedom of a people. It is vital that we protect the sites that have played such an important role in aviation. In doing so, we can enhance the education and enrichment of our children and our grandchildren for many years to come.

Mr. DeWINE. Mr. President, I rise today to raise further awareness of an issue that affects over 22,000 people a year, and that issue is organ donation. The sad fact about organ donations is this: We have the medical know-how to save lives, but we lack the organs. We lack organs because most Americans simply are unaware of the life-giving difference they can make by choosing to become organ donors. Sadly, each day the waiting list for those needing organs continues to grow. Today, over 80,000 people remain on the national transplant waiting list. Right now, more than 56,000 people, alone, are waiting for kidney transplants. That number is expected to double within the next decade. Additionally, close to 6,000 people die each year just waiting for an available organ. To remedy the organ shortage, we must increase public awareness. By educating the public and raising awareness, more people will choose to become organ donors. At the very least, through these efforts, we can encourage more families to discuss what their wishes are and whether they would want to be organ donors. But, our efforts must not stop there. We must do more than just implement public awareness campaigns, because the face of organ donation is changing. For the first time ever, the number of living organ donors outnumbered cadaver donors. In 2001, there were 6,082 donor cadavers while 6,534 people opted to become living donors, usually giving up a healthy kidney to help a family member or friend. Recognizing this, my colleague, Senator Durbin, and I are introducing a bill today that would help protect living organ donors in the group insurance market. Our bill would ensure that those individuals who choose to be living organ donors are not discriminated against in the insurance marketplace. Our bill builds on the protections provided by the Health Insurance Portability and Accountability Act, so that living organ donors are not denied insurance nor are they applied discriminatory insurance premiums because of their living organ donor status. Quite simply, a brother who donates a part of his kidney to his sister should not be denied health insurance. But tragically, that is what oftentimes happens. Frequently, individuals who are living organ donors are denied health insurance or restricted from the insurance market. Instead, we should celebrate living organ donors and remove obstacles and barriers for the successful donation of organs. Insurance concerns should not undermine someone's decision to be a living organ donor. Some states are evaluating how living organ donors affect the market. States are amending their Family Medical Leave eligibility so that living organ donors can participate and benefit from the program. The Federal Government, with the Organ Donor Leave Act of 1999, offered 30 days paid leave to Federal employees who chose to be an organ donor. But, paid leave and job protection doesn't mean much if people are denied health insurance or are required to pay higher premiums because they donated an organ to save another person's life. The impact of living organ donation is profound. A living organ donor not only can save the life of one patient, but can also take that person off the waiting list for a cadaver donation. That means the next person on the waiting list is ``bumped up'' a spot, giving additional hope to the 86,000 persons on the national transplant waiting list. Living organ donors give family members and friends a second chance at life and the opportunity to reduce the number of people on the waiting list to receive an organ. It is time for Congress to make a sensible decision in support of a person's decision to be a living organ donor. I encourage my colleagues to join me in co-sponsoring this bill.

Mr. DeWINE. Mr. President, I rise today to join my friend and colleague, Senator Durbin, in introducing a bill to help organ transplant patients maintain access to the life-saving drugs necessary to prevent their immune systems from rejecting their new organs. Tragically, today over 86,000 Americans are waiting for a donor organ. Those individuals who are blessed to receive an organ transplant must take immunosuppressive drugs every day for the life of their transplant. Failure to take these drugs significantly increases the risk that the transplanted organ will be rejected. We need this bill, because Federal law is compromising the success of organ transplants. Let me explain. Right now, current Medicare policy denies certain transplant patients coverage for the drugs needed to prevent rejection. Medicare does not pay for anti-rejection drugs for Medicare beneficiaries, who received their transplants prior to becoming a Medicare beneficiary. So, for instance, if a person received a transplant at age 64 through his or her health insurance plan, when that person retires and relies on Medicare for health care coverage, he or she would no longer have immunosuppressive drug coverage. Medicare only pays for anti-rejection drugs for transplants performed in a Medicare-approved transplant facility. However, many beneficiaries are completely unaware of this fact and how it can jeopardize their future coverage of immunosuppressive drugs. To receive an organ transplant, a person must be very ill and many are far too ill at the time of transplantation to be researching the intricate nuances of Medicare coverage policy. End Stage Renal Disease, ESRD, patients qualify for Medicare on the basis of needing dialysis. If End Stage Renal Disease patients receive a kidney transplant, they qualify for Medicare coverage for three years after the transplant. After the three years are up, they lose not only their general Medicare coverage, but also their coverage for immunosuppressive drugs. The amendment that Senator Durbin and I are introducing today would remove the Medicare limitations and make clear that all Medicare beneficiaries including End Stage Renal Disease patients who have had a transplant and need immunosuppressive drugs to prevent rejection of their transplant, will be covered as long as such anti-rejection drugs are needed. In the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act, Congress eliminated the 36-month time limitation for transplant recipients who both receive a Medicare eligible transplant and are eligible for Medicare based on age or disability. Our bill would provide the same indefinite coverage to kidney transplant recipients who are not Medicare-aged or Medicare-disabled. I urge my colleagues to support this legislation and help those who receive Medicare-eligible transplants to gain access to the immunosuppressive drugs they need to live healthy, productive lives.

Mr. DeWINE

Mr. DeWINE. Mr. President, I rise today to join my friend and colleague, Senator Durbin, in introducing a bill to help organ transplant patients maintain access to the life-saving drugs necessary to prevent their immune systems from rejecting their new organs. Tragically, today over 86,000 Americans are waiting for a donor organ. Those individuals who are blessed to receive an organ transplant must take immunosuppressive drugs every day for the life of their transplant. Failure to take these drugs significantly increases the risk that the transplanted organ will be rejected. We need this bill, because Federal law is compromising the success of organ transplants. Let me explain. Right now, current Medicare policy denies certain transplant patients coverage for the drugs needed to prevent rejection. Medicare does not pay for anti-rejection drugs for Medicare beneficiaries, who received their transplants prior to becoming a Medicare beneficiary. So, for instance, if a person received a transplant at age 64 through his or her health insurance plan, when that person retires and relies on Medicare for health care coverage, he or she would no longer have immunosuppressive drug coverage. Medicare only pays for anti-rejection drugs for transplants performed in a Medicare-approved transplant facility. However, many beneficiaries are completely unaware of this fact and how it can jeopardize their future coverage of immunosuppressive drugs. To receive an organ transplant, a person must be very ill and many are far too ill at the time of transplantation to be researching the intricate nuances of Medicare coverage policy. End Stage Renal Disease, ESRD, patients qualify for Medicare on the basis of needing dialysis. If End Stage Renal Disease patients receive a kidney transplant, they qualify for Medicare coverage for three years after the transplant. After the three years are up, they lose not only their general Medicare coverage, but also their coverage for immunosuppressive drugs. The amendment that Senator Durbin and I are introducing today would remove the Medicare limitations and make clear that all Medicare beneficiaries including End Stage Renal Disease patients who have had a transplant and need immunosuppressive drugs to prevent rejection of their transplant, will be covered as long as such anti-rejection drugs are needed. In the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act, Congress eliminated the 36-month time limitation for transplant recipients who both receive a Medicare eligible transplant and are eligible for Medicare based on age or disability. Our bill would provide the same indefinite coverage to kidney transplant recipients who are not Medicare-aged or Medicare-disabled. I urge my colleagues to support this legislation and help those who receive Medicare-eligible transplants to gain access to the immunosuppressive drugs they need to live healthy, productive lives.

Mr. DeWINE

Mr. DeWINE. Mr. President, today I join my friend and colleague from Ohio, Senator George Voinovich, to introduce the National Aviation Heritage Area Act, an act to establish a National Aviation Heritage Area within our home State of Ohio. For hundreds of years prior to the 20th Century, man dreamt of flying. Some of the earliest records of mankind reveal a fascination with birds and the ability to leave the ground. In fact, the Renaissance revolution in art showed us many of the first recorded designs for achieving this feat. By 1903, man succeeded, altering the course of modern history. This year, we mark the 100th anniversary of manned flight. I am proud to say that the famed Wright Brothers, Wilbur and Orville, were native Ohioans. These two men are important symbols of an evolving age of discovery, an age beginning with the Wright Brothers' first controlled, heavier-than-air flight on December 17, 1903. A mere half-a-century or so later, mankind was flying not just above the ground, but above our planet Earth, which was quickly followed by Neil Armstrong's first steps on the moon. It is amazing to just sit back and consider that all of these things, all of these incredible achievements have all occurred in a very short span of less than one hundred years. There is so much to say about the historical and cultural significance of the birth of aviation, but I think one of its unique educational aspects is its ability to be interactive with students outside of the classroom. And, that is one of the main reasons we are introducing our National Aviation Heritage Area legislation today. Our bill seeks to help foster strong public and private investments in many of Ohio's aviation landmarks, landmarks that have enormous educational value. Some of these landmarks include the Wright Brothers' ``Wright Cycle Company,'' located in Dayton and the Wright-Dunbar Interpretive Center, where students of all ages can learn about the painstaking measures the Wright Brothers and many of their predecessors took to achieve what today seems to be so commonplace. Other landmarks include the Huffman Prairie Flying Field, where, after the Wright Brothers' famous flight in Kitty Hawk, NC, the Brothers returned home to perfect the design of the world's first airplane and the Paul Laurence Dunbar State Memorial, which showcases this great African American poet's strong international voice for racial equality and justice. The Heritage Area also includes the Neil Armstrong Museum, which highlights the great achievements of man's first walk on the moon. If I may add also, Neil Armstrong is a native Ohioan. Flight has become a very important square in the patchwork of our nation's history, and I am proud that my home State of Ohio has played such a large role in its evolution. We are reminded of how manned flight has changed our history every time we look skyward and see the crisscross of jet contrails. We are reminded of this every time we walk through the Rotunda of our very own U.S. Capitol and see the last frieze square that depicts the Wright Brothers and their invention. And, we are reminded of this by one of the great symbols of America, the eagle, a flying bird that represents the freedom of a people. It is vital that we protect the sites that have played such an important role in aviation. In doing so, we can enhance the education and enrichment of our children and our grandchildren for many years to come.

Mr. DeWINE

Mr. DeWINE. Mr. President, I rise today to raise further awareness of an issue that affects over 22,000 people a year, and that issue is organ donation. The sad fact about organ donations is this: We have the medical know-how to save lives, but we lack the organs. We lack organs because most Americans simply are unaware of the life-giving difference they can make by choosing to become organ donors. Sadly, each day the waiting list for those needing organs continues to grow. Today, over 80,000 people remain on the national transplant waiting list. Right now, more than 56,000 people, alone, are waiting for kidney transplants. That number is expected to double within the next decade. Additionally, close to 6,000 people die each year just waiting for an available organ. To remedy the organ shortage, we must increase public awareness. By educating the public and raising awareness, more people will choose to become organ donors. At the very least, through these efforts, we can encourage more families to discuss what their wishes are and whether they would want to be organ donors. But, our efforts must not stop there. We must do more than just implement public awareness campaigns, because the face of organ donation is changing. For the first time ever, the number of living organ donors outnumbered cadaver donors. In 2001, there were 6,082 donor cadavers while 6,534 people opted to become living donors, usually giving up a healthy kidney to help a family member or friend. Recognizing this, my colleague, Senator Durbin, and I are introducing a bill today that would help protect living organ donors in the group insurance market. Our bill would ensure that those individuals who choose to be living organ donors are not discriminated against in the insurance marketplace. Our bill builds on the protections provided by the Health Insurance Portability and Accountability Act, so that living organ donors are not denied insurance nor are they applied discriminatory insurance premiums because of their living organ donor status. Quite simply, a brother who donates a part of his kidney to his sister should not be denied health insurance. But tragically, that is what oftentimes happens. Frequently, individuals who are living organ donors are denied health insurance or restricted from the insurance market. Instead, we should celebrate living organ donors and remove obstacles and barriers for the successful donation of organs. Insurance concerns should not undermine someone's decision to be a living organ donor. Some states are evaluating how living organ donors affect the market. States are amending their Family Medical Leave eligibility so that living organ donors can participate and benefit from the program. The Federal Government, with the Organ Donor Leave Act of 1999, offered 30 days paid leave to Federal employees who chose to be an organ donor. But, paid leave and job protection doesn't mean much if people are denied health insurance or are required to pay higher premiums because they donated an organ to save another person's life. The impact of living organ donation is profound. A living organ donor not only can save the life of one patient, but can also take that person off the waiting list for a cadaver donation. That means the next person on the waiting list is ``bumped up'' a spot, giving additional hope to the 86,000 persons on the national transplant waiting list. Living organ donors give family members and friends a second chance at life and the opportunity to reduce the number of people on the waiting list to receive an organ. It is time for Congress to make a sensible decision in support of a person's decision to be a living organ donor. I encourage my colleagues to join me in co-sponsoring this bill.

Mr. DeWINE

Mr. DeWINE. Mr. President, at this hour in Ohio, final tributes are being paid to Steve Young. I rise this morning on the Senate floor to pay tribute to Steve Young. He is an Ohioan who dedicated his life to keeping our communities safe and free from crime. Steve was well known and a well-respected figure in the law enforcement community; he was elected by his peers to serve as the national President of the Fraternal Order of Police. He held this position until his death from cancer last week, on January 9. Steve was just 49 years old. Steve Young grew up in Upper Sandusky, OH, and was a graduate of Upper Sandusky High School. He joined the Marion City Police Department in 1976 and spent his entire law enforcement career as an active duty officer in Marion. It was in Marion that Steve first became a member of the FOP, joining lodge 24 in Marion. Steve later went on to serve as President of this local lodge in Marion. Leadership in the law enforcement community came naturally to Steve as his hard work and dedication earned him the respect and admiration of his peers. Steve went on to become active in the Ohio State Lodge of the FOP and served first as Vice President and then as President of the State FOP, representing Ohio's 24,000 law enforcement officers. Through the Ohio State Lodge, Steve helped to create the Ohio Labor Council. This council created a model for improved labor-management negotiations in police forces--a model that has now been adopted in at least 14 other States. Mr. President, Members of the Senate, Steve's leadership in the Ohio law enforcement community and his expertise in labor issues earned him a national reputation. In 2001, after serving 4 years as national Vice President, Steve was unanimously elected to serve as the national President of the FOP. In this capacity, Steve represented over 300,000 law enforcement officers nationwide and worked to protect the interests of our Nation's finest. This was, I can tell you, a job that Steve loved and one he did with dignity and pride. While Steve Young had an incredibly successful career with multiple accomplishments, I also want to take a few moments to discuss my personal connection with Steve. I had the privilege of knowing not just Steve Young the police officer, but also Steve Young the man. Steve was a dear friend for many years. He was someone in whom I had a great deal of trust, and I was fortunate to be able to call on him as a trusted advisor. Whether it was when I was Lieutenant Governor of Ohio or as a Senator, I had the opportunity to work with Steve for many years, and I have relied on him for advice and counsel. I consulted with Steve regularly on criminal justice issues, and I must tell you that his keen insights have helped shape nearly every piece of criminal justice legislation I have introduced in the Senate, and he helped me immensely when I was Lieutenant Governor carrying out the Governor's criminal justice agenda. Steve made a lasting impression on law enforcement both in Ohio and across our Nation. From pension plans to crime-fighting technology, Steve's foresight and vision have helped bring law enforcement into the 21st century. One of the last times I saw Steve, he was here in Washington in July for a Judiciary Committee hearing. Fortunately, I had a chance to spend a few brief moments with Steve. That meeting reminds me again of Steve's humility. He was a humble man. He had no airs about him. He was quiet and, I must say, self-effacing. He didn't put on a show or try to impress people with his position or his power within the FOP. People felt comfortable around Steve because he was comfortable around them. He liked people and they liked him back. At the same time, though, his affable nature didn't hide the fact that Steve Young was also a very strong man, brave, courageous, fearless, and tough as nails. After all, Steve Young was a policeman-- exactly the kind of policeman I would have wanted by my side when I was a county prosecutor, the kind of policeman I would have wanted helping me if I were a victim of a crime, the kind of policeman I would have wanted protecting my children and my grandchildren and my entire family. That was Steve Young--a model for all law enforcement. Because Steve was so humble and unassuming about his work and his position as President of the FOP, many people don't realize just how many leaders relied on him for guidance and counsel. President Bush listened to him. In fact, the President called Steve shortly before his death. I think that shows how much respect President Bush had for him and how much he appreciated Steve's work and service to our Nation. As I read through so many of the tributes written about Steve and spoken about Steve after his death, I was especially struck by a statement given by Chuck Canterbury, the FOP's national vice president. This is what he said: In his 11 years as President of the Ohio State Lodge, 4 years as national vice president, and his all too brief term as national president, Steve woke up each morning and went to work for the citizens of Marion City and the rank-and-file officers in every region of the country. He was as dedicated a man, an officer, and a friend as I have ever known. I could not agree more. This quote illustrates why Steve Young was so special to so many people. He was a humble, dedicated man who devoted his career toward working for the good of his fellow officers, for the good of Ohio, and for the good of this Nation. Steve's commitment to our community was evident in everything he did. Criminals were caught because of him, and crimes were, in fact, prevented. He was a protector. He was a leader. He was a good, decent, hard-working man for whom I have great respect and admiration. As I think about Steve's short but full life, I am reminded of a very familiar passage from the Bible, a passage from St. Paul's second letter to Timothy in which St. Paul said: The time of my departure has come. I have fought the good fight. I have finished the course. I have kept the faith. There is no question, Mr. President, Steve Young fought the good fight. He finished the course. He kept the faith. Steve Young lived a life of great achievement, both public and private, and we will miss him deeply. My wife Fran and I extend our heartfelt sympathy and our prayers to the entire Young family, especially his wife, Denise; their sons, Staten and Steven; his sisters, Gloria, Kay, and Deborah; and his mother, Lillian. Our thoughts are also with all the police officers in Steve's extended family. I thank the Chair, and I yield the floor.

Mr. DeWINE

Mr. DeWINE. Mr. President, I rise this morning to draw my colleagues' attention once again to an issue that is plaguing our world. That issue, of course, is the tragic global HIV/AIDS endemic. The Los Angeles Times newspaper ran a particularly heartbreaking piece this past Sunday that detailed the HIV/AIDS crisis in Africa. I will take a moment to read an excerpt from this article, as it paints a very disturbing and very accurate picture of the reality of this global HIV/AIDS crisis. This is last Sunday's Los Angeles Times: The mother rises from her deathbed to bury her baby boy. She slumps in a wheelchair borrowed for the occasion, and an elderly relative must help hold her head up so that she can watch the body descend into the red earth. The casket is heartbreakingly small, and though Evelyn Matule weeps for her child, her eyes are dry. Sickness and despair have stolen her tears. Alfred is the second boy Matule has lost in a year to a disease also racking her body: AIDS. A toddler's coffin is mercifully inexpensive, but the earlier death left Matule and her family so strapped that they will serve only butter sandwiches to the few guests. On one side of the boy's grave in this township outside the city of Welkom in central South Africa are fresh heaps of loam, each new grave marked with numbered aluminum tags, baby rattles and prescription bottles for remedies that didn't save the victims. A dozen open graves lie to the right. In less than a month, they will be full. Mr. President, this is the reality of AIDS. Today, one in every nine South Africans--that's 4.7 million people--has AIDS. Last year alone, 2.4 million people in sub-Saharan Africa died from AIDS. Furthermore, over 34 million children worldwide have lost one or both parents to AIDS or related causes. As the LA Times article points out, the City of Johannesburg is expecting to have 70,000 burials a year by 2010--that's up from 15,000 burials just five years ago. This is having a huge economic impact on the African Continent, both in terms of a reduced agricultural capacity and also just in terms of the costs of burials and funerals. As morbid as it may sound, there is, quite literally, a shortage of undertakers and cemetery space in Africa, and it is adding to an already tragic health crisis. As we all know, Mr. President, HIV/AIDS is a global problem, with a huge impact and devastating impact in our own Hemisphere. I have seen it in Haiti, a nation with the second highest prevalence of HIV/AIDS in the world--second only to sub-Saharan Africa. My wife, Fran, and I have traveled to Haiti nearly ten times--and we are planning another trip for next week. We have seen, first-hand, the devastation of HIV/AIDS-- we've seen the children, the babies, and the families. It is a true human tragedy. An estimated 300,000 Haitians--and that is out of a population of only 8 million--are currently living with AIDS. According to the Centers for Disease Control projections, Haiti will experience up to 44,000 new HIV/AIDS cases this year. That is at least 4,000 more than the number expected in the United States, a nation with a population nearly 35 times larger than Haiti's. This disease is having a profoundly devastating impact on Haitian children. Already, estimates suggest that HIV/AIDS has orphaned 163,000 children in Haiti, a number expected to skyrocket to between 323,000 to 393,000 over the next 10 years. Haiti also continues to suffer from an unbelievably high HIV transmission rate from mother to child, and, of course, two-thirds of the infants born with the disease, we know, will die within the first year. This truly is a tragedy because we know that the transmission of HIV from mother to child can be substantially reduced with proper counseling and proper medication. The reality is that millions of children are dying, and we can do something about it. We must do something about this. I was pleased, to join my friend and colleague from Illinois, Senator Durbin, in leading an effort to show the Senate Appropriations Committee our support for increasing funds to combat this horrible disease. In a letter to the Committee signed by fourteen fellow Senators, we have asked for the full appropriation of $236.4 million in additional FY03 funds to fight global AIDS. This would bring our nation's total 2003 AIDS spending level to $1.5 billion--that's a 50 percent increase over 2002 levels. Furthermore, I look forward to working with Majority Leader Frist and Senator Santorum in the coming months to not only increase our overall contribution to fight global AIDS, but to work to ensure that our funds are being spent in the most efficient and effective ways. At the end of the day, I believe that all of us in this Chamber are working toward the same objective--and that is to alleviate the continued suffering caused by this epidemic. Quite simply, we have a moral obligation to do so, and I believe we must show the leadership by tackling the problem in our backyard and around the world. I thank all of my colleagues who have come to this Chamber in the past to talk about this issue and show their support for dealing with this problem. We must continue to act. I yield the floor.

Mr. DeWINE

Mr. DeWINE. Mr. President, I ask unanimous consent that the time for morning business be extended until noon and the time be equally divided in the usual form with Senators allowed to speak for up to 10 minutes each.

Mr. DeWINE

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DeWINE

Mr. DeWINE. I have no objection.

Mr. DeWINE

Mr. DeWINE. Mr. President, I rise today to speak, once again, on behalf of unborn children. Unborn children are the silent victims of violent crimes. Today, along with my distinguished colleagues, Senator Graham of South Carolina, Senator Voinovich, Senator Brownback, Senator Ensign, Senator Enzi, Senator Inhofe, Senator Nickles, Senator Santorum, and Senator Fitzgerald, we will once again introduce the Unborn Victims of Violence Act, which would hold victims liable for conduct that injures or kills an unborn child by creating a separate Federal offense for unborn children. I thank my colleagues for their support in this effort. I want to recognize especially Senator Graham of South Carolina who championed this cause so successfully last year on the House side. He has worked tirelessly to see that the most vulnerable in our society are in fact protected. Mr. President, our bill, which is similar to the legislation that we sponsored in the 106th and 107th Congresses, would establish new criminal penalties for anybody injuring or killing a fetus while committing certain Federal offenses. Therefore, this bill would make the death or injury of an unborn child during the commission of certain existing Federal crimes a separate crime under Federal law and under the Uniform Code of Military Justice. Mr. President, 26 of our States already have criminalized the killing and injuring of unborn victims during a crime. Our bill, the Unborn Victims of Violence Act, simply acknowledges that violent acts against unborn babies are also criminal when the assailant is committing a Federal crime. We live in a violent world and, sadly, sometimes--perhaps more often than we realize--even unborn babies are the targets, intended or otherwise, of violent acts. Let me give some very disturbing examples. In 1996, airman Gregory Robbins and his family were stationed in my home State of Ohio at Wright-Patterson Air Force Base near Dayton. At that time, Mrs. Robbins was more than 8 months pregnant with a daughter who they named Jasmine. On September 12, 1996, in a fit of rage, Airman Robbins wrapped his fist in a T-shirt and savagely beat his wife by striking her repeatedly about the head and the abdomen. Fortunately, Mrs. Robbins survived the violent assault. Tragically, her uterus ruptured during the attack, expelling the baby into her abdominal cavity, causing Jasmine's death. Air Force prosecutors sought to prosecute Airman Robbins for Jasmine's death, but found that neither the Uniform Code of Military Justice nor the Federal code makes criminal such an act which results in the death or injury of an unborn child. No Federal law covered that act. The only available Federal offense was for the simple assault on the mother. This was a case in which the only available Federal penalty simply did not fit the crime. Now, fortunately, Ohio had at the time, and still does, a fetal homicide act. So Federal prosecutors were able to bootstrap the Ohio fetal homicide law under the Federal law to convict Airman Robbins of Jasmine's death. Upon appeal, the Federal appeals court upheld the lower court's ruling. Mr. President, if it hadn't been for the Ohio law that was already in place, there would have been no opportunity for the Federal prosecutors to prosecute and punish Airman Robbins for the assault against baby Jasmine. That is one reason we need a Federal remedy to avoid having to bootstrap Federal laws to provide recourse when a violent act occurs during the commission of a Federal crime. If this had been a crime that occurred on a Federal enclave in a State that did not have a similar law--and there are 24 States that don't--there would have been no remedy, and there is no remedy today. Federal prosecutors have no remedy in those situations today. Our bill would rectify that. A Federal remedy will ensure that crime within Federal jurisdictions against unborn victims are, in fact, punished. Our bill also ensures that if certain Federal crimes are committed anywhere in the United States and they result in the death of a child, Federal prosecutors will be able to file charges. Let me give you another example of another tragedy. In August 1999, Shiwona Pace of Little Rock, AR, was days away from giving birth. She was thrilled about her pregnancy, but her boyfriend, Eric Bullock, did not share the joy and enthusiasm. In fact, Eric wanted the baby to die. So he hired three thugs to beat his girlfriend so badly that she lost the unborn child. According to Shiwona, who testified in a Senate Judiciary Committee hearing we held in Washington in February of 2000: I begged and pleaded for the life of my unborn child, but they showed me no mercy. In fact, one of them told me, ``your baby is dying tonight.'' I was choked, hit in the face with a gun, slapped, punched, and kicked repeatedly in the stomach. One of them even put a gun in my mouth and threatened to shoot. Mr. President, in this particular case, this particular tragedy, just a few short weeks before this vicious attack, Arkansas had passed its fetal protection act. Under that Arkansas State law, Eric Bullock was convicted on February 9, 2001, of capital murder against Shiwona's unborn child and sentenced to life in prison without parole. He was also convicted of first degree battery for harm against Shiwona. In yet another example--this one in Columbus, OH--16-year-old Sean Steele was found guilty of two counts of murder for the death of his girlfriend, Barbara ``Bobbie'' Watkins, age 15, and her 22-week-old unborn child. He was convicted under Ohio's unborn victims law, which represented the first murder conviction in Franklin County, OH, in which the victim was a fetus. Another example: In the Oklahoma City and World Trade Center bombings, Federal prosecutors were able to charge the defendants with the murders of or injuries to the mothers, but not to their unborn babies. Again, Federal law currently fails to criminalize these violent acts. There are no Federal provisions of the unborn victims of Federal crimes. Our bill would make acts like these--acts of violence within Federal jurisdictions--Federal crimes. This is a very simple step that we can take, one that will have, I believe, a dramatic effect. It is something that we simply need to do. The fact is that it is just plain wrong that our Federal Government does absolutely nothing to criminalize violent acts against unborn children. We cannot allow criminals to get away with murder. We simply must close this loophole. As a civilized society, we must take a stand against violent crimes against children. We must close this loophole. We purposely drafted this legislation very narrowly. Because of that, our bill would not permit the prosecution for any abortion to which a woman consented. It would not permit the prosecution of a woman for any action, legal or unlegal, in regard to her unborn child. Our legislation would not permit the prosecution for harm caused to the mother or unborn child in the course of medical treatment. And finally, our bill would not allow for the imposition of the death penalty under this act. It is time we wrap the arms of justice around unborn children and protect them against criminal assailants. Everyone agrees that violent assailants of unborn babies are, in fact, criminals. When acts of violence against unborn victims fall within Federal jurisdiction, we must have a penalty. We have an obligation to our unborn children who cannot speak for themselves. The Senate must act. I strongly urge my colleagues to join in support of this legislation. I thank the Chair, and I yield the floor.

Mr. DeWINE

Mr. DeWINE. I appreciate that.

Mr. DeWINE. I thank the Chair, and I yield the floor.

Mr. DeWINE. Mr. President, if my colleague will yield, I appreciate my colleague's comment. I just knew my colleague from Illinois, another Big Ten school, would be rooting for the Buckeyes that day.

Mr. DeWINE. Mr. President, I am very proud, as the 108th Congress gets underway today, to pay tribute to the awesome accomplishments of this season's Ohio State University football team--a team that, after what was certainly one of the greatest games in college football history, clinched the 2002 National Collegeiate Football Championship title. This recent distinction represents Ohio State's fifth outright national football title. It is a great privilege, also, to represent a State that is home to many outstanding schools and numerous past national champions of college football. In Alliance, OH, for example, we have the Mount Union College Purple Raiders. This exceptional football team ended the year with a 14 and 0 record, winning the division III national championship for the sixth time in 7 years. The team is 109 and 1 in the last 11 regular seasons. Since 1990, the Raiders have won an incredible 162 out of 170 games. So I congratulate these fine young athletes on yet another great championship season. I want to recognize the Raiders' coach, Larry Kehres, for his dedication and commitment to the school and to the team. He has just been named the AFCA Division III National Coach of the Year, making him the first coach to win 7 national coach of the year awards. Mr. President, this is an unprecedented accomplishment. I congratulate Coach Kehres and his entire coaching staff. I wish him and the Purple Raiders and their fans all the best for next season and for many years to come. Mr. President, I also congratulate Ohio State football coach Jim Tressel, who was named this season's Division 1-A National Coach of the Year. This is the third time Coach Tressel has been recognized as national coach of the year, and deservedly so. He is a man who already has a lifetime coaching record of 142 wins, 62 losses, and 2 ties. He has coached previous teams at Youngstown State University to 4 national championships and has qualified for the Division 1-AA playoffs a remarkable 10 times in the past. He is a native Ohioan who graduated cum laud in 1975 from another fine Ohio institution of higher learning, Baldwin Wallace College. Coach Jim Tressel stresses academics, athletics, and community responsibility. When Jim Tressel took over as head coach of Ohio State, he said this: The two greatest days in our student-athletes lives should be the day they walk across the stage to receive their diploma and the day they slip a championship ring on their finger. Because of Coach Tressel's dedication to his athletes, many of the players on Ohio State's football team have and will accomplish both of these great honors. Mr. President, I am sure many of my colleagues watched last week's Ohio State-University of Miami game. What a great game it was. Both teams played very well, and both schools can be very proud. I know that Senator Reid and Senator McConnell certainly watched the game. They have both already come to the floor to talk about it. I thank them for their remarks on the floor earlier in the week. I was pleased to join my friend and colleague from Ohio, Senator George Voinovich, in sponsoring a resolution honoring the team's achievement. This resolution commends not only the entire Ohio State athletic department, but also recognizes the support and dedication of the Ohio State marching band, the cheerleaders, the students, the administration, the board of trustees, the faculty, the alumni, the City of Columbus, the entire State of Ohio, and all of the great fans. Indeed, this season and last week's championship game represent the culmination of a year of hard work and a true team effort. Mr. President, anyone who watched last week's game will tell you it was an unbelievably tense game. Ohio State entered the game at least an 11\1/ 2\-point underdog. The team's defense was certainly key in putting Ohio State into a position where they could win the game. During the first overtime, the game was tied 17 to 17. Then facing what could have been the end of the game--fourth down and 14 yards to go--Ohio State completed a 17-yard pass to stay alive. I know Ohio State fans, whether they were in Tempee, AZ, or whether they were, as I was, watching TV in Cedarville, OH, just could not believe what happened. Ohio State's quarterback faded back and made that unbelievable pass on fourth down and 14. After a few more plays, the Buckeyes scored from the 1-yard line to go into that second overtime. Then in the second overtime, Ohio State scored on a rushing attempt, and this proved to be the last score of the game. Miami got the ball, of course, and then on the last play of the game, fourth and goal at the 1-yard line, the Buckeyes blitzed and forced Miami's quarterback to rush his pass in desperation, allowing the Buckeye defensive linebacker to bat it down to the ground. This moment secured Ohio State as the 2002 national champions and gave the team a place in history. Without a doubt, both teams played well; both teams are great champions. Many sports writers already have made the case that Ohio State's 31- to-24 double overtime victory in this year's Fiesta Bowl was the greatest championship game in the history of college football. This sort of fantastic finish was the same type of dramatic conclusion to many of the Buckeyes's wins this season. The truth is Ohio State was underestimated the entire season, but because the players worked together as a team to overcome huge obstacles, they were able to reach their ultimate goal. The unselfish attitude of the players and coaches resulted in win after win for their team. The Ohio State University football team defied history and odds to win 14 games in one season, overcoming all barriers along the way to persevere in the end. I wish to conclude with the words of former Ohio State national champion coach, Ohio legend, the late Woodrow Wayne Hayes--Woody Hayes. I quote Woody Hayes: Anytime you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. It is with great respect today that I say congratulations and go Bucks. Mr. President, I ask unanimous consent that the names of the Ohio State football team, coaching staff, and players be printed in the Record.

Mr. DeWINE

Mr. DeWINE. Mr. President, I rise today to congratulate the Mount Union Purple Raiders football team, from Alliance, OH, on a number of outstanding achievements. The Purple Raiders recently won the Division III National Championship for the sixth time in 7 years. Maintaining a perfect record of 14 victories this season, Mount Union's team is 109 and 1 in the last 11 regular seasons, and since 1990 the Raiders have won an incredible 162 out of 170 games. I congratulate these fine young athletes on yet another championship season and would like to recognize Raiders' coach Larry Kehres for his dedication and commitment to the school and the team. He has just been named the AFCA Division III National Coach of the Year, making him the first coach to win seven National Coach of the Year Awards. This is an unprecedented accomplishment, and I congratulate Coach Kehres and wish him and the Purple Raiders all the best for next season and many more after that. While their execution of the split-back offense is flawless, it is Mount Union's academic performance that is truly remarkable. The football team has graduated a near-perfect percentage of players in the last 17 seasons. I applaud the Purple Raider players who exceed all expectations on the gridiron, as well as in the classroom. For the local residents of Alliance and the students of Mount Union, there is so much to be proud of when it comes to the Purple Raiders. As the fans crowd into the oldest college football stadium in Ohio every fall, they are not only cheering for the heroes of the Purple Raiders, but also for future heroes, future leaders who will have learned the valuable lessons that come with a solid education and a demanding athletic routine. These experiences will aid them in making a positive impact many years from now. Again, I congratulate head coach Larry Kehres and his Purple Raiders on another perfect championship season. They are a shining example of true student-athletes. I ask that the names of the Mount Union College Purple Raiders football team coaching staff and players be listed at the conclusion of my remarks. The list follows. purple raiders coaching staff Larry Kehres, Don Montgomery, Jeff Wojtowicz, Joe Leigh, Marty Cvelbar, Vince Kehres, E.J. Henderson, Rudy Sharkey, Paul Gulling, Gene Paina, Joel Cockley, and Clyde Ross. student assistant coaches Jason Candle, Jason Gerber, Nick Lesniak, and Kacy Carter. players Jamoni Robinson, Randy Mason, Josh Reger, Aaron Bubonics, Rourke Skelton, Ryan Rimedio, Jason Cavell, Jay Francis, Josh Liddell, Steve Watson, Derrick Leach, Michael Hinger, Rob Adamson, Zac Bruney, Joe Montgomery, Wade Kirk, Jesse Clum, Brandon Fishbach, Ryan Modica, Andrew Winkler, Jesse Burghardt, Ken Whitfield, Mike Miller, Matt Cole, Grant Relic, Marty Mazanec, Tom Underdahl, Mike Adamson, Matt Caponi, Michael Kernik, Chris Kern, Russell Logan, Matt Sotcan, Sean Keegan, Jamie Allman, Robert McDavid, and Ross Watson; Cody Bertone, Vince Suber, Jared Gulling, Dustin Blake, Michael Marcellino, Justen Stickley, Scott Casto, Nick Sirianni, Emery Holmes, Justin Burton, Todd Frank, E.J. Lilly, Jonathan Falatic, Anthony Frate, Aaron Robinson, Jeff Strauch, Jordan Beach, Mike Sabo, Josh Church, Brett Jordan, Dan Pugh, Ryan Witkoski, Mike Abramo, Jeff Berdysz, Chase Ross, Mike Gibbons, Rick Ciccone, Brian Weiser, Tony Buckler, Nick Ciani, Michael Deitrick, Jonathan Bailey, Jason McElhaney, Kalvine Mcgee, Keith Spivey, Kelechi Ibeh, and Josh Wells; Antoine Beale, Chris Carter, Kyle Pelfrey, Luke Garland, Vince Ilacqua, Joe Culler, Mark Brace, Brian Wise, Shaun Spisak, Monty Harris, Stan Watson, Byron Jackson, Brian Miller, Brett Linzey, Justin Meiser, James Wetzel, Peter Gasparro, George Wilders, Brent Fox, Scott Kyser, Thomas Cesarz, Dusty Sanna, Jim Nelson, Derek Buell, Bruce Novestine, Bryan Myers, Josh Lahmers, Josh Huffman, John Gliha, Mike Restivo, Dave Knestaut, Josh Hoskins, Ron DeJulio, Thomas Manning, Grant Savelli, Mike Reeder, and John Brutvan; Daniel Blume, Bob Bradley, Eric Cook, Jeff Goodwill, Ryan Knapp, Vance Vukelic, Don Penny, Adam Holmes, Eric Spurlock, Robert VanDyke, Frederick Blackman, Dusty Wilson, Jesse Wells, Rick Prescott, Eric Ardo, Pat Yappel, Mark Pauli, Dominic Danesi, Levi Motts, Justin Coston, Frank Palcko, George Momirovic, Drew DeHart, Brian Boucher, Brian Leckonby, Jonathan Harvey, Maurice Gibson, Larry Kinnard, Michael Gill, Josh Johnson, Matthew Byrne, Brent Miller, Derek McIntosh, Adam Slopek, Andrew Blake, Doug Miller, Joe Bugara, and Marcello DeAngelis; and John Healy, Trevor Smith, Randell Knapp, Tom Sanor, Geoff Dartt, Aarik Gault, James Cunningham, Michael Myers, Joel Sickmeier, Corey Brunson, Drew Hanley, Greg Braur, Keith Brown, Travis Johnson, Caleb Chappelear, Mike Maluk, Matt Campbell, Kristopher Takach, Josh Ludwig, Jake Guthrie, Antoine Dillard, Matthew Bogo, Victor Preisel, Dan Phillips, Edward Dick, Karl Jackson, Buddy Wolf, Brandon Harr, Rob Conroy, Johnny Josef, Scott Campbell, Jeff Knoblauch, Chad Teague, Sam Vucelich, Ryan Westerburg, Donte Rhode, and Brian Proud.

Mr. DeWINE

Mr. DeWINE. Mr. President, I rise today to recognize the accomplishments of our friend and colleague, Senator Strom Thurmond, an individual who has devoted his entire life to the service of the American people and who now stands before us as one of the most accomplished U.S. Senators in our nation's history. I must say that I am saddened that I am making these comments on the heels of a controversy over the nomination of a highly qualified judicial nominee, Dennis Shedd, who was a long-time member of Senator Thurmond's staff and who was recommended to the President for this appointment by Senator Thurmond. While I won't go into the specifics of these hollow arguments against Judge Shedd, I cannot make these comments in praise of Senator Thurmond without mentioning my disappointment about the handling of Judge Shedd's nomination. As our colleagues know, Senator Thurmond's nearly 50 years of service within this body make him the longest serving member since the Senate's inception, yet his contributions to public service and our Nation extend well beyond the United States Senate. From the time he served as Superintendent of Education in Edgefield, SC, Strom Thurmond placed the good of the Nation ahead of his personal career. He served over 36 years on active and reserve duty within the U.S. Army, while simultaneously holding many other public service positions. Throughout, he was prepared to abandon his professional career on a moment's notice--ready to fight to preserve democracy and freedom. He was awarded five battle stars, as well as 18 decorations, medals, and awards, including the Bronze Star for Valor and the Purple Heart. I have only--I say ``only''--been in the Senate for 8 years, but in the relatively short time I have had the pleasure of serving in the Senate alongside Senator Thurmond, we have worked together as sponsors or co-sponsors of dozens of bills, including legislation enhancing local law enforcement efforts to protect the elderly and child victims of violent crime, drug interdiction efforts designed to stem the tide of drugs flowing into our cities and schools, laws to end the practice of partial-birth abortion, and constitutional amendments to protect victims of violence. All of these collaborative efforts have benefited a great deal from the insight Strom Thurmond developed during his 12- year tenure as either chairman or ranking member of the Judiciary Committee and also, of course, his 50 years of service in this body. While Senator Thurmond's Senate career speaks volumes about his commitment to this nation and to the people of South Carolina and to all Americans, I also must mention what a pleasure it has been for me to know Strom Thurmond as a person. Over the years, he has shown great kindness and generosity to me and to my family. In particular, I would like to thank him for the hospitality he has shown my son, Brian, who recently graduated from South Carolina's Clemson University. When I told Strom my son Brian was going to go to Clemson, he beamed. I could tell he was delighted. He said, You know, I went to Clemson. Of course I knew that. He said, I went to Clemson. I asked, Strom, What year did you graduate? He said, I graduated from Clemson in 1923. I looked at him. I said, Strom, my dad was born in 1923. Strom Thurmond has had quite an unbelievable career. I have had the opportunity, as well, to listen to many of his stories. I asked him about his tenure at Clemson. He told me about the different times he would run barefooted from town to town. He was a long distance runner when he was there. The great Athenian general Pericles once noted that: Where the rewards of virtue are greatest, there the noblest citizens are enlisted in the service of the state. Our American democracy, like that of the Athenians, is designed to reward virtue with the opportunity to represent and defend fellow citizens. Certainly there is no man of our time better fit for and dedicated to these difficult tasks than Strom Thurmond. Indeed, he is a tribute to the American ethic of public service that the framers of our nation envisioned over two centuries ago. It should come, then, as no surprise to my colleagues in the Senate, to the citizens of South Carolina, and to the American public that Strom Thurmond has left an indelible mark on our nation through his service--a mark that surely will never be forgotten or held in anything less than the highest regard. We thank Strom for his service to our country, to South Carolina, and to the people who will miss his kindness and his friendship. But we look forward to seeing him, as we are sure we will, for a long time because he is a man of great courage and great integrity. We will miss him.