Herb Kohl

Mr. KOHL

Mr. KOHL. I look forward to the opportunity to work with the distinguished Senators from Maine on this important project to provide a reliable and affordable source of electricity to these communities, and I will work with Senator Cochran in conference to remedy this problem.

Mr. KOHL. Mr. President, the 2002 farm bill authorized the Grants for Youth Program, an initiative to develop pilot programs and expand outreach to youth in rural communities and small towns across the Nation. The Girl Scouts of the USA, Boy Scouts of America, National FFA Organization, and National 4-H Council will be key players in this initiative. The original Senate version of the fiscal year 2003 Agriculture appropriations bill included $6 million in funding for this new program. That funding was removed in the version before us. I am offering an amendment to restore $3 million in funding for the Grants for Youth program. This program will be funded through the USDA Extension Service. In view of enhanced need for funds for education and other Federal initiatives for our children, we should also support private efforts to bring programs like Girl scouts, Boy Scouts, 4-H and Future Farmers of America to our underserved rural youth. It would be a mistake to keep these marvelous--and proven--youth programs from expanding to our rural areas. provo airport control tower funding

Mr. KOHL. Mr. President, I have long supported programs important to improving the lives of children and, last year, I had included in the fiscal year 2003 Agriculture appropriations bill a provision to expand an ongoing pilot related to the USDA Summer Food Services Program. This increase would have expanded to all 50 States a successful 13-State pilot program to streamline the process of setting up a summer feeding site. A report released last summer by the Food Research and Action Center found that the 13 pilot States increased their participation in the SFSP by 8.9 percent between July 2000 and July 2001. Participation in the rest of the Nation decreased by approximately 3.3 percent during the same time period.

Mr. KOHL. I thank my friends from Michigan for bringing this problem to the Senate's attention. I understand that the Emerald Ash Borer may pose a very real threat to the health of our Nation's urban forests.

Mr. KOHL

Mr. KOHL. Mr. President, yesterday, I was pleased to join Senators Durbin, DeWine and others in sponsoring an amendment to increase funding to fight AIDS around the world. It is imperative that we do all we can to stem the spread of this deadly and devastating disease. The latest statistics tell a grim story: The AIDS epidemic claimed more than 3 million lives in 2002, and an estimated 5 million people acquired the human immunodeficiency virus, HIV, in 2002, bringing to 42 million the number of people globally living with the virus. While we are most familiar with the presence of AIDS in Africa, especially sub- Saharan Africa, AIDS is rapidly expanding throughout Eastern Europe, Asia and the Caribbean. By 2010, it is estimated that approximately 40 million children worldwide will have lost one or both of their parents to HIV/AIDS. The amendment adopted by the Senate would increase our commitment to the United States Agency for International Development's Child Survival and Health Programs Fund by $180 million. Of that amount, $100 million is for a U.S. contribution to the United Nations Global Fund to Fight AIDS, Tuberculosis and Malaria, and $25 million is available for transfer to the U.S. Centers for Disease Control to help in the prevention and treatment of HIV/AIDS. This amount will bring the total U.S. contribution for Fiscal Year 2003 in the fight against global AIDS to $1.525 billion. While this is a far cry from the $2.5 billion sought by the international health community to meet the needs of international organizations working to eradicate AIDS and individual countries grappling with soaring HIV infection rates, it is the least we can do. The current Administration has asserted on a number of occasions that the U.S. government is prepared to play a leadership role in the fight against the spread of HIV/AIDS. Yet earlier this year, the President chose not to spend $200 million which was included in the Fiscal Year 2002 emergency supplemental for the U.N. Global Fund to Fight AIDS. it is no surprise that the international community questions our commitment to this fight. Leadership requires more than rhetoric. It requires that we commit our fair share of resources so we can fully participate in a larger, more comprehensive international effort to regain control of this crisis. I am pleased my colleagues supported this amendment.

Mr. KOHL

Mr. KOHL. Madam President, I ask unanimous consent that Michelle Weddle, a detailee on my Appropriations staff, be granted the privilege of the floor during consideration of H.J. Res. 2.

Mr. KOHL

Mr. KOHL. Madam President, I rise in support of the amendment being offered by Senator Daschle to provide much-needed assistance to our Nation's farmers who have been hard hit by a series of natural disasters, notably severe drought that has destroyed crops and harmed livestock operations in many States. Although my State of Wisconsin has not suffered the losses that most other farm States have faced these last 2 years, wise, Wisconsin farmers have been hurt by natural disasters in the past and probably will be again in the future. And until we come up with an agriculture policy that protects farmers from ruin when drought, or floods, or tornadoes, or disease strikes, Wisconsin will stand by other farm States as they seek disaster assistance. Before I yield the floor to other Senators who would like to speak on this amendment, I would like to take a moment to briefly comment on the fiscal year 2003 appropriations bill for Agriculture, Rural Development and Related Agencies. First I commend Senator Cochran on the job he has done, given the tough fiscal restraints he was facing. It is never easy to cut funding and balance multiple priorities, and I believe Senator Cochran has done good work, given the circumstances. However, there are two items that have been taken out of the bill as it was originally written, which I believe warrant mention, and reconsideration. The bill before us no longer funds an expansion of the Summer Food Service Program. This increase would have expanded to all 50 States a successful 13 State pilot program to streamline the process of setting up a summer feeding site. A report released this summer found that the 13 pilot States increased their participation in the SFSP by 8.9 percent between July 2000 and July 2001. Participation in the rest of the Nation decreased by approximately 3.3 percent during the same time period. I have an amendment to restore the funding for this important program. I also have an amendment to fund a program authorized in the 2002 Farm Bill and funded in the Agriculture Appropriations bill passed out of committee last July. The program, initiated by the Girl Scouts of the USA, Boy Scouts of America, National FFA Organization, and National 4-H Council, allows these experienced and very successful youth organizations to increase their presence in remote rural communities. As we pare back on funds for education and other federal initiatives for our children, we should not also cripple private efforts to bring programs like Girl Scouts, Boy Scouts, 4-H and Future Farmers of America to our underserved rural youth. Again, I thank Senator Cochran and his staff for their hard work. Overall, I believe this is a good bill, and I look forward to working together to try and restore the items I just mentioned in a fiscally responsible manner. I yield the floor.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today to support my colleagues' amendment increasing LIHEAP funding. In Wisconsin the Low Income Home Energy Assistance Program is not a luxury but a necessity. Many people around my State depend on this funding to heat their home and protect their families, especially in this economy. Already this heating season the State of Wisconsin has almost 4,000 more people being served by LIHEAP than last year at this time. This 13 percent increase is a sign of the high energy prices and worsening economy putting the squeeze on families. The price of the program has skyrocketed as well, almost $8 million more than last year at this time for a 36 percent increase in cost. The small increase from last year proposed in the underlying bill will not be sufficient to meet the needs of my constituents. Without the additional $300 million called for in this amendment, Wisconsin will run out of funding in early May, almost a month earlier than in years past. Constituents are calling and writing my office concerned about running out of LIHEAP assistance. They are unemployed and facing steep bills for energy as well as rent and health care and they are worried they won't be able to make ends meet. The average benefit in my state is $369, an amount that would be almost impossible for a family on unemployment to pay. Heating a house through the Wisconsin winter is more expensive and takes more energy than cooling a house through a summer down south. We have to recognize that challenge and help these people. The $1.7 billion in the bill still leaves 8,803 people in my state without benefits. Almost 9,000 people who are eligible for LIHEAP will go without because there is not enough money. There are thousands in my state who need this money but do not apply because they don't know about the program or don't realize they are eligible. The money today is only the tip of the iceberg. This extra $300 million will help reach these folks who are not being helped, and will help them pay their bills until the heating season is over.

Mr. KOHL

Mr. KOHL. Mr. President, unfortunately, the Edward Byrne Memorial State and Local Law Enforcement Assistance Program suffered a $500 million cut in this bill. Hundreds of law enforcement agencies throughout Wisconsin depend on this money to fund a variety of crime prevention, drug interdiction, domestic violence, and many other creative, anti-crime initiatives. In fact, Wisconsin received more than $9 million in Byrne formula grant funds last year. Eliminating this source of funding will drastically impair local law enforcement's ability to combat crime. I am pleased to co-sponsor Senator Harkin's amendment to restore the Byrne formula grant program to last year's level of $500 million. We cannot leave our State and local law enforcement agencies out in the cold, especially at a time when we've asked them take on the additional responsibility of being the first line of defense and the first to respond in case of a terrorist incident. The safety of our communities depends on local law enforcement's ability to do their job well. At the very least, we can assist them by restoring this funding. (At the request of Mr. Daschle, the following statement was ordered to be printed in the Record.)

Mr. KOHL

Mr. KOHL. Mr. President, I rise today in strong support of the amendment by Senator Kennedy. But frankly, I am surprised and disappointed that it is even necessary. Just one year ago, Congress overwhelmingly passed, on a bipartisan basis, the No Child Left Behind Act. Eighty-seven Senators supported it. Three hundred eighty-one House Member supported it. And the President signed it into law, hailing it as the most sweeping reform of Federal education policy in a generation.'' We all agreed that the combination of flexibility, accountability, and investment were the key to making the new law work. Now, a year later, States and school districts are working hard to meet their responsibilities. But the Republican majority in Congress and the President are reneging on that deal. The omnibus bill before us falls far short of the funding we promised just a year ago. In other words, just as we are asking States, teachers and students to achieve more, we are taking away the funding they need to succeed. That is a cruel joke to play on students who we committed to help 12 months ago. The Kennedy amendment would increase education funding by $6 billion overall--rather than the $90 million cut recommended by the President. It would ensure that Title I, the main Federal program that serves poor, disadvantaged children, would be fully funded. That means 2 million more poor children would be served nationwide. Wisconsin would receive $229 million, an increase of nearly $80 million over fiscal year 2002 levels. In addition, this amendment would ensure that 200,000 more students in our nation have the opportunity to go to college. Unlike the President's budget request, which flatlines Pell grants, this amendment would provide $1.4 billion more for Pell grants. It would increase the maximum award to $4,500--the highest level ever. The amendment before us would keep the promises we made to States, school boards, teachers and parents across this country. It would increase funding--not exhorbitantly, not unnecessarily--it simply provides the funding we have already promised. States and school districts are working hard to do their part to improve education. It is time that the President and Congress take responsibility and do our part. I realize that our country has tremendous needs. We need to fully fund homeland security. We need to spur strong economic growth. But we cannot turn our backs on our children. We can afford to fully fund education if we are serious about making it a priority and not just a soundbite.

Mr. KOHL. Mr. President, once again Senator Byrd has taken up the fight to fund adequately our homeland security needs. I supported his efforts last year, I voted with him today, and I will continue to back his efforts to sufficiently fund out security needs in the future. Last year the Senate included supplemental funding for homeland security needs but the President refused to spend those funds. The Senate Appropriations Committee wanted to spend an additional $8.3 billion, but the administration only agreed to spend $4.2 billion. The President effectively vetoed $2.5 billion in emergency funding for homeland security last August. We hear reports that our country is no more secure today than we were on September 10, 2001, but the administration refuses to spend the funds required. This administration seems to believe that wisdom can only come from one end of Pennsylvania Avenue. The $5 billion in this package goes for hiring and salaries for FBI and Customs Agents. It purchases more patrol boats for the Coast Guard and improves port security. This money will help transform the Immigration and Naturalization Service and improve security at our embassies around the world. Almost $150 million will go out to our first responders through the COPS program, one of the more effective community policing programs. There are important funds in this package to protect and secure important Army Corps of Engineers infrastructure. We need to protect our dams and water projects from potential attacks or tampering. There is also significant funding to improve our transportation infrastructure. There is $300 million for improving security at airports and hardening cockpit doors. These two issues are critical to improving safety in the air. We know these changes have to happen, and should have happened a long time ago. We can't afford to waste any more time. Two years have passed and we cannot say that our aviation network is safe from a terrorist attack. This money meets real, documented, legitimate demands. These needs have been testified to in hearings, they were exposed in the Hart- Rudman report, and the agencies themselves have asked for these funds but have been denied by the Office of Management and Budget. I understand that some on the other side of this issue are concerned that the money will not be spent correctly, that we are forcing these agencies to grow too quickly. I believe we have a duty to give the agencies an opportunity to do their job. We have a duty to give the agencies all the tools they need to protect the American people. I would rather be accused of trying to do too much, than not enough.

Mr. KOHL

Mr. KOHL. Mr. President, it is my honor to rise today in recognition of an outstanding World War II veteran from Wisconsin, Mr. Elmo Johnson. Originally from Black River Falls, Mr. Johnson joined the Army in 1945 and was stationed near Guam at Saipan. A trumpet player since the age of 11, he played for the troops as part of the 285th AGF Band Unit. Mr. Johnson also organized a band called Swingmasters which performed at local Saipan clubs. Later in his career, while stationed at Iwogima, Japan, he started to play Taps for his unit. Ever since returning from World War II, Mr. Johnson has volunteered to play Taps at funerals for other Wisconsin veterans. He has been a member of the Black River Falls Miles-Hagen American Legion Post for over 50 years, and was named commander in 1946. Mr. Johnson has played Taps over 950 times, and I praise his goal of 1,000 farewells. His band, renamed ``Elmo Johnson and the Johnny Brass Band,'' performs extensively throughout Western Wisconsin. I would like to acknowledge the contributions Mr. Elmo Johnson and other brave veterans have made to the State of Wisconsin. We honor Mr. Johnson as he continues to demonstrate his generous spirit by sharing his musical gift around the State.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today in support of S. 152, the DNA Sexual Justice Act of 2003. Building on the success of the Kohl-DeWine DNA Analysis Backlog Elimination Act enacted during the 106th Congress, this legislation will provide law enforcement and prosecutors with critical physical evidence that will help put more criminals behind bars. Currently, DNA evidence is languishing untested at laboratories nationwide, simply for lack of funding. The DNA Sexual Justice Act will assess the extent of the backlog and provide funding for its elimination. Further, this legislation will ensure that DNA evidence from cases involving sexual assault is handled properly by providing training for emergency personnel, medical examiners, law enforcement, forensic analysts and prosecutors. Currently, all 50 States and the Federal Government require DNA samples to be obtained from certain convicted offenders, and these samples increasingly can be shared through a national DNA database established by Federal law. This national database, part of the Combined Database Index System, CODIS, enables law enforcement officials to link DNA evidence found at a crime scene with any suspect whose DNA is already on file. By identifying repeat offenders, this DNA sharing can and does make a difference. Before passage of the Kohl-DeWine Backlog Elimination Act in 2000, law enforcement was in large part unable to take advantage of DNA analysis as a crime-fighting technology. This was primarily due to the fact that DNA sample collection was not required of all Federal offenders, forensic labs did not have enough resources or equipment to analyze collected samples, and State databases were not interoperable with Federal databases. This bill will further address these issues by directing the Attorney General to survey forensic laboratories across the country to determine the scope of the backlog and authorizes the funding necessary to eliminate the backlog over the next four years. However this legislation goes even further, focusing new, targeted grant programs toward DNA evidence collected from crimes of sexual assault or violence. By authorizing funding for the training of emergency personnel and medical examiners, this legislation ensures that DNA evidence will be properly collected. With funding for forensic equipment and the training of forensic examiners, it ensures that DNA evidence will be accurately analyzed. And by providing funding for the training of prosecutors, this legislation ensures that the evidence will be used to its greatest possible effect in the courtroom. This measure will ensure that women who have been victims of sexual assault or violence will have the most reliable tools to bring their assailants to justice. Most importantly, this legislation will help police use modern technology to solve crimes and prevent repeat offenders from committing new ones.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today in support of S. 152, the DNA Sexual Justice Act of 2003. Building on the success of the Kohl-DeWine DNA Analysis Backlog Elimination Act enacted during the 106th Congress, this legislation will provide law enforcement and prosecutors with critical physical evidence that will help put more criminals behind bars. Currently, DNA evidence is languishing untested at laboratories nationwide, simply for lack of funding. The DNA Sexual Justice Act will assess the extent of the backlog and provide funding for its elimination. Further, this legislation will ensure that DNA evidence from cases involving sexual assault is handled properly by providing training for emergency personnel, medical examiners, law enforcement, forensic analysts and prosecutors. Currently, all 50 States and the Federal Government require DNA samples to be obtained from certain convicted offenders, and these samples increasingly can be shared through a national DNA database established by Federal law. This national database, part of the Combined Database Index System, CODIS, enables law enforcement officials to link DNA evidence found at a crime scene with any suspect whose DNA is already on file. By identifying repeat offenders, this DNA sharing can and does make a difference. Before passage of the Kohl-DeWine Backlog Elimination Act in 2000, law enforcement was in large part unable to take advantage of DNA analysis as a crime-fighting technology. This was primarily due to the fact that DNA sample collection was not required of all Federal offenders, forensic labs did not have enough resources or equipment to analyze collected samples, and State databases were not interoperable with Federal databases. This bill will further address these issues by directing the Attorney General to survey forensic laboratories across the country to determine the scope of the backlog and authorizes the funding necessary to eliminate the backlog over the next four years. However this legislation goes even further, focusing new, targeted grant programs toward DNA evidence collected from crimes of sexual assault or violence. By authorizing funding for the training of emergency personnel and medical examiners, this legislation ensures that DNA evidence will be properly collected. With funding for forensic equipment and the training of forensic examiners, it ensures that DNA evidence will be accurately analyzed. And by providing funding for the training of prosecutors, this legislation ensures that the evidence will be used to its greatest possible effect in the courtroom. This measure will ensure that women who have been victims of sexual assault or violence will have the most reliable tools to bring their assailants to justice. Most importantly, this legislation will help police use modern technology to solve crimes and prevent repeat offenders from committing new ones.

Mr. KOHL

Mr. KOHL. Mr. President, over the weekend one of my constituents, Edward J. Piotrowski, passed away. This eulogy was written by his son, Steve, a long time and greatly valued member of my State staff. Steve's words speak for themselves, but I would just add that Steve and his father are not at all average, but extraordinary citizens and contributors to the State of Wisconsin and the Nation. The eulogy follows: An Average American An average American died today. His death did not make the evening news. Only his friends and family noticed his death. His death was unremarkable as was his life. Yet, his passing lessens us all a little bit. He was the son of Polish immigrants. He grew up on a farm in Central Wisconsin. He attended a school that was taught in Polish, and he only had an eight-grade education. Yet, he was a smart man, and he was a kind and gentle man. He cared about other people and knew that part of his obligation in life was to help make his community a better place. He cared deeply about his family, his community, his church and his country. He never aspired to greatness, he only wanted to work hard and make life better for his family and community. His was a simple life. He worked hard from the time he was young as one of thirteen children helping his family on the farm. He came of age during WWII, and in spite of the fact that he had and could have maintained a farm deferment, he volunteered to serve his country during the War. He was initially trained as an infantryman, but was then transferred to the Army Air Corps where he became a nose gunner on a B- 24. He was scheduled to ship to the European theater of operations when one of his crewmembers was killed in a training accident. The Army broke up the crew and reassigned and retrained them. He was on his way to the Pacific when the war ended. I believe that he always regretted that he never got the opportunity to test his courage in combat but was also grateful that he along with his brothers made it home alive and well. Shortly after the war, he met my mother and they married and began the process of raising their family. Eventually they had six children, and suffered through the loss of their first daughter at the age of two. He drove a semi-truck for nearly 20 years after the war. It was a good way to earn a living, but caused him to have to spend a great deal of time away from his home and family. He eventually decided to run his own business, a small service station in his small hometown. He loved to build and fix things, and this business, while trying at times, allowed him many opportunities to do that. After a while the changes in the service station business convinced him to look for work that better suited his skills and abilities. He found a job as a carpenter; his life-long hobby was now also his occupation. He had a talent and dedication for wood working that was amazing. His ability to turn raw lumber into beautiful furniture and useful items was inspiring. He loved to spend his time in his workshop building furniture for his family and friends. He usually made his furniture only for friends and family, and he never charged anywhere near what his skills and labor could have demanded. He just wanted to create useful and beautiful things for others to enjoy. He donated his creations to his church and the community for their use and as items in various fundraisers. He was not a man that showed his emotions easily. Like most men of his generation, he was taught to be stoic and composed in all situations. Yet, he showed his love for his family in so many ways every day. When his boys were young, go-carts were all the craze. He found an old Nash Rambler and using parts from the body and frame of the car, his own ingenuity, and his skills with wood working and welding, he built the boys a go-cart with a hood and seat and working lights. It was a rather funny looking little vehicle, but it gave the boys hours and hours of pleasure racing around the farm fields and yards. When we moved off the farm and into town, there wasn't a place for us to play baseball. The only ballpark in town was set up for softball, and the river ran right behind the short left field fence causing us to loose many baseballs. He, along with a number of other fathers, talked to a man who owned an unused farm field on the edge of town and got permission for us to build a ball field. Using only their garden roto-tillers and hand tools, he led the fathers and boys in building, seeding and leveling a very useable ballpark for us kids. It was maintained and used for years by the kids in Amherst as a ballpark. He also worked to fulfill the dreams of his daughters. He spent many hours building a dollhouse for his second daughter. It challenged his skills to work in such a small scale. Because she wanted it, he built it for her using left over materials from his home remodeling projects. She has that dollhouse in her home today. His last daughter wanted a playhouse. He built her one that many would have considered a starter home in early days. She still has the miniature cupboards and kitchen cabinets from that treasured play area. For many years he was a member of the volunteer fire department. He regularly volunteered to help out with community improvement projects bringing his skills and work dedication to help make his hometown a better place. He always was willing to help his church, friends and family. He was a member of the local American Legion for many, many years. He always marched in the Memorial Day parade, and was especially proud when he was selected to be the flag bearer for the parade. Last year, in spite of the cancer that was slowly destroying him, he again was in the parade. He did make the concession to ride in the pick-up truck rather than march because of his loss of strength. He epitomized the dedication of a citizen that is necessary to make a city a true community. Our father was never recognized as a celebrity. In fact, if you met him on the street, he would have appeared to be just an average American. In all so many ways he was just an average American, but he was the type of everyday American we need. He worked hard. He cared about his family and community. He gave of himself to help others and to make his small part of the world better. Most of all he set an example for his children, an example of what it takes to be a good person and to succeed in life by taking care of those things that really matter. As we got older we tried to let him know how well he had done in raising us and how much he meant to us. I don't think I could ever truly express to him how much he taught me by his example and his everyday kindness. Edward J. Piotrowski, known to your family as Pops from the time we boys felt too old to call you daddy, you will be deeply missed. I hope that when you died you understood that we were proud to call you ``Pops''. I also hope that I can someday be considered as good a citizen of our great country as you were. With love and respect, your children.

Mr. KOHL

Mr. KOHL. Madam President, today the Senate will finally pass a homeland security bill. This debate began in the Senate with Senator Lieberman's efforts in the Government Affairs Committee last Spring, and it ends today with the Senate left with no choice but to pass the House of Representative's version of the bill. This is an imperfect bill, and it has come to this point through an imperfect process. The desire to create a domestic agency capable of protecting Americans from terrorism is bipartisan--even universal. Unfortunately, the creation of the bill to do that has been partisan and destructively political. Few of us have had a chance to consider this new proposal carefully. And what we have found has not been encouraging. The House version of the homeland security bill includes too many special interest provisions slipped in at the last minute. The Daschle-McCain amendment, which I supported, would have eliminated the most egregious of these, but the Senate narrowly rejected it. It is shameful that some used this vital Government reorganization legislation to pay back unrelated political debts. I also must go on record strongly in opposition to the bill's provisions on Federal employees and their rights to organize a union and exercise their rights as members of a union. The President's authority to manage the Federal workforce has never been an issue before now. No one claimed that if the President had more flexibility over the Federal workforce that the September 11 attacks would have been avoided or that new work rules would have made it easier for the CIA and FBI to exchange information. Again, these unprecedented restrictions on workers' rights were inserted in must-pass legislation. Again, it is shameful that this vehicle was used to pursue a political agenda. The House bill, however, at its core does take some needed steps to make us all safer. The United States must better focus its counter- terrorism efforts if we are to avoid future attacks. Too many agencies and organizations inside the Government share responsibility for responding to terrorism domestically. The old saying has been quoted on the floor many times during this debate, but is worth doing it one more time: ``When every one is in charge--no one is in charge.'' By making one Cabinet level agency in charge of Homeland Security we will have only one person in charge. The bureaucracy underneath the Secretary will have only one unifying priority. The advantages of that change cannot be overestimated. However difficult the crafting of the homeland security legislation has been, it was the easy part. Now we face the difficult and monumental task of actually putting the parts together into a whole greater than its sum. The offices that make up the Department of Homeland Security cannot forget the other important missions they perform. Organizations like the Coast Guard and the Animal and Plant Health Inspection Service have valuable missions outside of their homeland security function that cannot be overlooked. The Congress's work on homeland security should not stop here. As the transfer of offices begins, there will no doubt be changes necessary. Congressional oversight is more important now than ever. With this bill Congress has decided that the Executive Branch needs to take homeland security more seriously. But Congress needs to take it seriously, too. That means giving up our short-term political games in order to work together--Republican and Democrat, White House and Congress--to build a bipartisan, functioning agency that will deliver all Americans the security they deserve.

Mr. KOHL

Mr. KOHL. Madam President, today the Senate will finally pass a homeland security bill. This debate began in the Senate with Senator Lieberman's efforts in the Government Affairs Committee last Spring, and it ends today with the Senate left with no choice but to pass the House of Representative's version of the bill. This is an imperfect bill, and it has come to this point through an imperfect process. The desire to create a domestic agency capable of protecting Americans from terrorism is bipartisan--even universal. Unfortunately, the creation of the bill to do that has been partisan and destructively political. Few of us have had a chance to consider this new proposal carefully. And what we have found has not been encouraging. The House version of the homeland security bill includes too many special interest provisions slipped in at the last minute. The Daschle-McCain amendment, which I supported, would have eliminated the most egregious of these, but the Senate narrowly rejected it. It is shameful that some used this vital Government reorganization legislation to pay back unrelated political debts. I also must go on record strongly in opposition to the bill's provisions on Federal employees and their rights to organize a union and exercise their rights as members of a union. The President's authority to manage the Federal workforce has never been an issue before now. No one claimed that if the President had more flexibility over the Federal workforce that the September 11 attacks would have been avoided or that new work rules would have made it easier for the CIA and FBI to exchange information. Again, these unprecedented restrictions on workers' rights were inserted in must-pass legislation. Again, it is shameful that this vehicle was used to pursue a political agenda. The House bill, however, at its core does take some needed steps to make us all safer. The United States must better focus its counter- terrorism efforts if we are to avoid future attacks. Too many agencies and organizations inside the Government share responsibility for responding to terrorism domestically. The old saying has been quoted on the floor many times during this debate, but is worth doing it one more time: ``When every one is in charge--no one is in charge.'' By making one Cabinet level agency in charge of Homeland Security we will have only one person in charge. The bureaucracy underneath the Secretary will have only one unifying priority. The advantages of that change cannot be overestimated. However difficult the crafting of the homeland security legislation has been, it was the easy part. Now we face the difficult and monumental task of actually putting the parts together into a whole greater than its sum. The offices that make up the Department of Homeland Security cannot forget the other important missions they perform. Organizations like the Coast Guard and the Animal and Plant Health Inspection Service have valuable missions outside of their homeland security function that cannot be overlooked. The Congress's work on homeland security should not stop here. As the transfer of offices begins, there will no doubt be changes necessary. Congressional oversight is more important now than ever. With this bill Congress has decided that the Executive Branch needs to take homeland security more seriously. But Congress needs to take it seriously, too. That means giving up our short-term political games in order to work together--Republican and Democrat, White House and Congress--to build a bipartisan, functioning agency that will deliver all Americans the security they deserve.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today as an original cosponsor of Senator Landrieu's resolution honoring the life of Dr. Stephen E. Ambrose, a distinguished historian, storyteller and treasure of the State of Wisconsin. Born in Whitewater, WI, Dr. Ambrose attended the University of Wisconsin for both his undergraduate and his doctorate, molding a career in American history and embarking on a path he almost didn't take. From his first book, ``Wisconsin Boy in Dixie,'' published in 1961, Dr. Ambrose went on to publish more than 30 books, captivating audiences, young and old, for 41 years. Dr. Ambrose once said, ``When I'm writing at my best, I want to share my own discoveries with the reader. I want to take people to a new understanding of an event, an individual or a story. I want them to be as amazed as I am.'' It was with this great love for storytelling Dr. Ambrose catapulted readers into the horrific, yet glorifying days of World War II, reigniting old memories and sparking new compassion among those who lived through the era and those who have only read about it in history books. He dedicated numerous books to the courage and sacrifice of the men and women who fought in World War II and is the founder of The National D-Day Museum in New Orleans, LA, the only museum in the country dedicated to ``all of the `D-Days' of World War II, and to those at home who supported these efforts.'' From a little-known history professor came this thunderous voice for the thousands of Americans who fought to preserve the freedom of this country. His contributions to the historical education of the American people are both priceless and unmatched. His knowledge, enthusiasm and dedication to the preservation of hometown heroes and history enthusiasts alike will be greatly missed. Speaking on behalf of the state of Wisconsin, this country has certainly lost one of its finest historians.

Mr. KOHL

Mr. KOHL. Mr. President, today the Senate will pass the Product Packaging Protection Act of 2002. This bill will help prevent and punish a disturbing trend of product tampering--the placement of hate- filled literature into the boxes of cereal or food that millions of Americans bring home from the grocery store every day. I am pleased to have worked on this legislation with Senators Hatch, Leahy, DeWine, and Durbin, as well as Chairman Sensenbrenner, Congressman Scott, Congresswoman Baldwin, and Congresswoman Hart. Too many Americans have recently opened groceries and found offensive, racist, anti-Semitic, pornographic and hateful leaflets. In the last few years, food manufacturers have received numerous complaints from consumers who report finding such literature. Hundreds more incidents have likely gone unreported. This behavior is outright shameful. Unfortunately, when consumers or companies turn to the authorities, they cannot be helped. According to the FBI and the Food and Drug Administration's Office of Criminal Investigation, these actions are not covered by federal product tampering statutes. A loophole in Federal anti-tampering law allows it to go unpunished. And only a couple of state laws are in place. So, the Product Packaging Protection Act of 2002 will close this loophole in Federal product tampering law and protect consumers. I am pleased that the Senate will pass this measure today. We hope that the House of Representatives will take up the legislation in a timely manner. Then, consumers will be able to rest a little easier when it comes to safety of the products they purchase at their local grocery store. The Product Packaging Protection Act is a small but meaningful thing we can do to make our current laws more effective and to give consumers and companies the help they need.

Mr. KOHL

Mr. KOHL. Mr. President, today the Senate will pass the Product Packaging Protection Act of 2002. This bill will help prevent and punish a disturbing trend of product tampering--the placement of hate- filled literature into the boxes of cereal or food that millions of Americans bring home from the grocery store every day. I am pleased to have worked on this legislation with Senators Hatch, Leahy, DeWine, and Durbin, as well as Chairman Sensenbrenner, Congressman Scott, Congresswoman Baldwin and Congresswoman Hart. Too many Americans have recently opened groceries and found offensive, racist, anti-Semitic, pornographic and hateful leaflets. In the last few years, food manufacturers have received numerous complaints from consumers who report finding such literature. Hundreds more incidents have likely gone unreported. This behavior is outright shameful. Unfortunately, when consumers or companies turn to the authorities, they cannot be helped. According to the FBI and the Food and Drug Administration's Office of Criminal Investigation, these actions are not covered by federal product tampering statutes. A loophole in Federal anti-tampering law allows it to go unpunished. And only a couple of state laws are in place. So, the Product Packaging Protection Act of 2002 will close this loophole ion Federal product tampering law and protect consumers. I am pleased that the Senate will pass this measure today. We hope that the House of Representatives will take it up the legislation in a timely manner. Then, consumers will be able to rest a little easier when it comes to the safety of the products they purchase at their local grocery store. The Product Packaging Protection Act is a small but meaningful thing we can do to make our current laws more effective and to give consumers and companies the help they need.

Mr. KOHL

Mr. KOHL. I thank the distinguished chairman of the Rules Committee for clarifying a provision in the bill. As the Senator knows, I am the sponsor of legislation moving Federal elections from the first Tuesday in November to the first weekend in November. It is my hope that moving Federal elections to the weekend will increase voter turnout by giving all voters ample opportunity to get to the polls without creating a national holiday. My proposal would also have the polls open the same hours across the continental United States, addressing the challenge of keeping results on one side of the country, or even a state, from influencing voting in places where polls are still open. The Senate version of the election reform legislation before us included a provision sponsored by Senator Hollings and myself which directed the Election Administration Commission to study the viability of changing the day for congressional and presidential elections from the first Tuesday in November to a holiday or the weekend, with the possibility of looking at the first weekend in November. Unfortunately, during the conference on this bill, the studies section was refined to direct the Election Administration Commission to study the ``feasibility and advisability of conducting elections for Federal office on different days, at different places, and during different hours, including the advisability of establishing a uniform poll closing time'' with a legal public holiday mentioned as one option but no mention of weekend voting. Is it correct that there was no specific intent to leave out weekend voting as an option?

Mr. KOHL. I thank the Senator from Connecticut for this clarification. I hope that the Election Administration Commission will seriously consider moving federal elections to the weekend. I will continue to advocate for weekend voting as a means of increasing voter turnout and addressing the need for uniform poll closing times in federal elections.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today with my colleagues Senator Feinstein, Senator Schumer, and Senator Reed to introduce ``BLAST'', the Ballistics, Law Assistance, and Safety Technology Act. Never before have the tremendous law enforcement benefits of ballistics testing been so apparent. We have the technology to ``fingerprint'' every new gun, and if we were using it today, we would be well on our way toward stopping the serial killer who even now is preying on the residents of suburban Washington. Every gun has a unique ``fingerprint'', the distinct patterns left on spent casings and bullets after it is fired. What we need to do is create a comprehensive library of the ballistic images of all new guns sold in the U.S. as they come off the assembly line and a library of the images of all guns used in crimes. With those libraries in place, new technology would allow us to compare those ``gun prints'' with bullets found at crime scenes, bullets like those found from the Washington area sniper's gun. By keeping a computerized image of each new gun's fingerprint, police can compare the microscopic differences in markings left by each gun until they find a match. Once a match is found, law enforcement can begin tracing that weapon from its original sale to the person who used it to commit the crime. Police tell of solving multiple crimes simply by comparing bullets and shell casings found at the scene of a crime to a gun seized in a seemingly unrelated incident. Let me explain how ballistics testing works and how our measure is crucial to the fight against crime. The only evidence at the scene of a recent brutal homicide in Milwaukee was 9 millimeter cartridge casings, there were no other clues. But four months later, when a teenage male was arrested on an unrelated charge, he was found to be in possession of the firearm that had discharged those casings. Ballistics linked the two cases. Prosecutors successfully prosecuted three adult suspects for the homicide and convicted the teen in juvenile court. On September 9, 2000, several suspects were arrested in Boston for the illegal possession of three handguns. Each of the guns was test fired, and the ballistics information was compared to evidence found at other crime scenes. The police quickly found that the three guns were used in the commission of 15 felonies in Massachusetts and Rhode Island. This routine arrest for illegal possession of firearms provided police with new leads in the investigation of 15 unsolved crimes. Without the ballistics testing, these crimes would not have been linked and might have never been solved. Since the early 1990's, more than 250 crime labs and law enforcement agencies in more than 40 states have been operating independent ballistics systems maintained by either the ATF or the FBI. Together, ATF's Integrated Ballistics Identification System, ``IBIS'', and the FBI's DRUGFIRE system have been responsible for linking 5,700 guns to two or more crimes where corroborating evidence was otherwise lacking. While success stories are increasingly frequent, the potential of ballistics testing is still untapped. One way that the Bureau of Alcohol, Tobacco and Firearms is making ballistics testing more accessible to State and local law enforcement is through the installation of a new network of ballistics imaging machines. The final introduction of the machines across the country is almost complete and, once it is, the computers will be able to access each other and search for a greater number of images. The National Integrated Ballistics Information network, better know as ``NIBIN,'' will permit law enforcement in one locality access to information stored in other gun crime databases around the entire country. This will help law enforcement exponentially in their efforts to solve gun crimes. But ballistics testing is only as useful as the number of images in the database. Today, almost all jurisdictions are limited to images of bullets and cartridge casings that come from guns used in crimes. Our bill would dramatically expand the scope of that database by mandating that all guns manufactured or imported would be test fired before being placed into the stream of commerce. The images collected from the test firing would then be collected and accessible to law enforcement, and law enforcement only, for the purpose of investigating and prosecuting gun crimes. As local, State and Federal law enforcement authorities search for the deranged murderer who has been terrorizing the Washington D.C. metropolitan area, they are using ballistics testing to determine whether the bullets and shell casings found at the scene of each crime are from the same gun. They can then identify the gun, giving them a better idea of what, and who, they are looking for in their manhunt. Had the gun used in these crimes been subject to a test fire before being placed in the stream of commerce, authorities would be able to identify the gun based on the bullets and casings. With that information, law enforcement could then trace the sale and transfer of the firearm in an effort to identify the owner of the gun and solve the crime. Today, police can find out more about a human being than they can about a gun used in a crime. Law enforcement can use DNA testing, take fingerprints and blood samples, search a person's health records, peruse bank records and credit card statements, obtain phone records and get a list of book purchases to link a suspect to a crime. Yet, the bullets found at the scene of a crime often cannot be traced back to the gun used because our ballistics images database is not comprehensive. We are unnecessarily limiting law enforcement's ability to track the criminals who have used guns in the commission of a crime. The BLAST bill will change all that. by making gun crimes easier to solve, all of us will be safer. The burden on manufacturers is minimal, we authorize funds to underwrite the cost of testing, and the assistance to law enforcement is considerable. And don't take my word for it, ask the gun manufacturers and the police. Listen to what Paul Januzzo, the vice- president of the gun manufacturer Glock, said in reference to ballistics testing, ``our mantra has been that the issue is crime control, not gun control . . . it would be two-faced of us not to want this.'' In their agreement with the Department of Housing and Urban Development, Smith & Wesson agreed to perform ballistics testing on all new handguns. And Ben Wilson, the chief of the firearms section at ATF, emphasized the importance of ballistics testing as a investigative device, ``This [ballistics] allows you literally to find a needle in a haystack.'' To be sure, we are sensitive to the notion that law abiding hunters and sportsmen need to be protected from any misuse of the ballistics database by government. The BLAST bill explicitly prohibits ballistics information from being used for any purpose unless it is necessary for the investigation of a gun crime. The BLAST bill will enhance a revolutionary new technology that helps solve crime. BLAST is a worthwhile piece of crime control legislation. I hope that the Senate will quickly move to pass it. I ask unanimous consent that the text of the legislation be printed in the Record.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today to reintroduce the Patient Abuse Prevention Act, which will help protect patients in long-term care from abuse and neglect by those who are supposed to care for them. This legislation will establish a National Registry of abusive long- term care workers and require criminal background checks for potential employees. The changes we are making today are technical in nature and are designed to ensure that the background check system runs as smoothly and efficiently as possible. There is absolutely no excuse for abuse or neglect of the elderly and disabled at the hands of those who are supposed to care for them. Our parents and grandparents made our country what it is today, and they deserve to live with dignity and the highest quality care. Unfortunately, this is not always the case. We know that the majority of caregivers are dedicated, professional, and do their best under difficult circumstances. But it only takes a few abusive staff to case a dark shadow over what should be a healing environment. Current State and national safeguards are inadequate to screen out abusive workers. All States are required to maintain registries of abusive nurse aides. But nurse aides are not the only workers involved in abuse, and other workers are not tracked at all. Even worse, there is no system to coordinate information about abusive nurse aides between States. A known abuser in Iowa would have little trouble moving to Wisconsin and continuing to work with patients there. In addition, there is no Federal requirement that long-term care facilities conduct criminal background checks on prospective employees. People with violent criminal backgrounds, people who have already been convicted of murder, rape, and assault, could easily get a job in a nursing home or other health care setting without their past ever being discovered. Our legislation will go a long way toward solving this problem. First, it will create a National Registry of abusive long-term care employees. States will be required to submit information from their current State registries to the National Registry. Facilities will be required to check the National Registry before hiring a prospective worker. Any worker with a substantiated finding of patient abuse will be prohibited from working in long-term care. Second, the bill provides a second line of defense to protect patients from violent criminals. If the National Registry does not contain information about a prospective worker, the facility is then required to initiate a FBI background check. Any conviction for patient abuse or a relevant violent crime would bar that applicant from working with patients. A disturbing number of cases have been reported where workers with criminal backgrounds have been cleared to work in direct patient care, and have subsequently abused patients in their care. In 1997, the Milwaukee Journal-Sentinel ran a series of articles describing this problem. In 1998, at my request, the Senate Special Committee on Aging held a hearing that focused on how easy it is for known abusers to find work in long-term care and continue to prey on patients. At that hearing, the HHS Inspector General presented a report which found that, in the two States they studied, between 5-10 percent of employees currently working in nursing homes had serious criminal convictions in their past. They also found that among aides who had abused patients, 15-20 percent of them had at least one conviction in their past. In 1998, I offered an amendment which became law that allowed long- term care providers to voluntarily use the FBI system for background checks. So far, 7 percent of those checks have come back with criminal convictions, including rape and kidnapping. And on July 30, 2001, the House Government Reform Committee's Special Investigations Division of the Minority staff issued a report which found that in the past two years, over 30 percent of nursing homes in the U.S. were cited for a physical, sexual, or verbal abuse violation that had the potential to harm residents. Even more striking, the report found that nearly 10 percent of nursing homes had violations that caused actual harm to residents. Clearly, this is a critical tool that long-term care providers should have, they don't want abusive caregivers working for them any more than families do. I am pleased that the nursing home industry has worked with me over the years to refine this legislation, and I greatly appreciate their support of the bill with the changes we are incorporating today. This bill reflects their input and will help ensure a smooth transition to an efficient, accurate background check system. This is a common-sense, cost-effective step we can and should take to protect patients by helping long-term care providers thoroughly screen potential caregivers. I realize that this legislation will not solve all instances of abuse. We still need to do more to stop abuse from occurring in the first place. But this bill will ensure that those who have already abused an elderly or disabled patient, and those who have committed violent crimes against people in the past, are kept away from vulnerable patients. I want to repeat that I strongly believe that most long-term care providers and their staff work hard to deliver the highest quality care. However, it is imperative that Congress act immediately to get rid of those that don't. This bill is the product of collaboration and input from the health care industry, patient and employee advocates, who all have the same goal I do: protecting patients in long-term care. I look forward to continuing to work with my colleagues, the Administration, and the health care industry in this effort. Our Nation's seniors and disabled deserve nothing less than our full attention. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today to reintroduce the Patient Abuse Prevention Act, which will help protect patients in long-term care from abuse and neglect by those who are supposed to care for them. This legislation will establish a National Registry of abusive long- term care workers and require criminal background checks for potential employees. The changes we are making today are technical in nature and are designed to ensure that the background check system runs as smoothly and efficiently as possible. There is absolutely no excuse for abuse or neglect of the elderly and disabled at the hands of those who are supposed to care for them. Our parents and grandparents made our country what it is today, and they deserve to live with dignity and the highest quality care. Unfortunately, this is not always the case. We know that the majority of caregivers are dedicated, professional, and do their best under difficult circumstances. But it only takes a few abusive staff to case a dark shadow over what should be a healing environment. Current State and national safeguards are inadequate to screen out abusive workers. All States are required to maintain registries of abusive nurse aides. But nurse aides are not the only workers involved in abuse, and other workers are not tracked at all. Even worse, there is no system to coordinate information about abusive nurse aides between States. A known abuser in Iowa would have little trouble moving to Wisconsin and continuing to work with patients there. In addition, there is no Federal requirement that long-term care facilities conduct criminal background checks on prospective employees. People with violent criminal backgrounds, people who have already been convicted of murder, rape, and assault, could easily get a job in a nursing home or other health care setting without their past ever being discovered. Our legislation will go a long way toward solving this problem. First, it will create a National Registry of abusive long-term care employees. States will be required to submit information from their current State registries to the National Registry. Facilities will be required to check the National Registry before hiring a prospective worker. Any worker with a substantiated finding of patient abuse will be prohibited from working in long-term care. Second, the bill provides a second line of defense to protect patients from violent criminals. If the National Registry does not contain information about a prospective worker, the facility is then required to initiate a FBI background check. Any conviction for patient abuse or a relevant violent crime would bar that applicant from working with patients. A disturbing number of cases have been reported where workers with criminal backgrounds have been cleared to work in direct patient care, and have subsequently abused patients in their care. In 1997, the Milwaukee Journal-Sentinel ran a series of articles describing this problem. In 1998, at my request, the Senate Special Committee on Aging held a hearing that focused on how easy it is for known abusers to find work in long-term care and continue to prey on patients. At that hearing, the HHS Inspector General presented a report which found that, in the two States they studied, between 5-10 percent of employees currently working in nursing homes had serious criminal convictions in their past. They also found that among aides who had abused patients, 15-20 percent of them had at least one conviction in their past. In 1998, I offered an amendment which became law that allowed long- term care providers to voluntarily use the FBI system for background checks. So far, 7 percent of those checks have come back with criminal convictions, including rape and kidnapping. And on July 30, 2001, the House Government Reform Committee's Special Investigations Division of the Minority staff issued a report which found that in the past two years, over 30 percent of nursing homes in the U.S. were cited for a physical, sexual, or verbal abuse violation that had the potential to harm residents. Even more striking, the report found that nearly 10 percent of nursing homes had violations that caused actual harm to residents. Clearly, this is a critical tool that long-term care providers should have, they don't want abusive caregivers working for them any more than families do. I am pleased that the nursing home industry has worked with me over the years to refine this legislation, and I greatly appreciate their support of the bill with the changes we are incorporating today. This bill reflects their input and will help ensure a smooth transition to an efficient, accurate background check system. This is a common-sense, cost-effective step we can and should take to protect patients by helping long-term care providers thoroughly screen potential caregivers. I realize that this legislation will not solve all instances of abuse. We still need to do more to stop abuse from occurring in the first place. But this bill will ensure that those who have already abused an elderly or disabled patient, and those who have committed violent crimes against people in the past, are kept away from vulnerable patients. I want to repeat that I strongly believe that most long-term care providers and their staff work hard to deliver the highest quality care. However, it is imperative that Congress act immediately to get rid of those that don't. This bill is the product of collaboration and input from the health care industry, patient and employee advocates, who all have the same goal I do: protecting patients in long-term care. I look forward to continuing to work with my colleagues, the Administration, and the health care industry in this effort. Our Nation's seniors and disabled deserve nothing less than our full attention. I ask unanimous consent that the text of the bill be printed in the Record.