Carl Levin

Mr. LEVIN

Mr. LEVIN. Why don't I finish with a comment about Senator Thurmond and then yield to the Senator from Connecticut. We are going to be here anyway. I have one other comment about Senator Thurmond, and then I will yield the floor. My first trip with Senator Thurmond wasn't to a foreign country. It was to California. I will leave it at that. (Laughter.) But he was only, I guess, 75 years old because it would have been 24 years ago. I remember we were staying at a military base. We were studying a number of issues. I had just joined the Armed Services Committee. And I heard somebody, at about 5:30 or 6 in the morning, below my window running. I was trying to figure out who was up at 5:30 in the morning running. I knew it was a military base, but still 5:30 is a little early. That was Strom Thurmond running. He was and is someone who really has put a lot of emphasis not just on his own health but on the health of his colleagues. How many times did he lean over to me, in the Armed Services Committee, and ask, are you watching your diet or are you getting exercise? Here is a man who is really concerned that his colleagues would take care of themselves. I don't think any of us did the exercising he did and watched our diet quite the way he does, but, at any rate, he will be missed for all kinds of reasons. The Senator from Connecticut is ready to speak. I yield the floor.

Mr. LEVIN. That is correct. This authority must be consistent with the authority in section 3(a) of the Act, and in no way changes our obligations under the Migratory Bird Treaties.

Mr. LEVIN. Madam President, we are pleased to bring to the floor the conference report on the Bob Stump National Defense Authorization Act for Fiscal Year 2003. The conference report would not have been possible without the dedicated work, over many months, of the members of our committee on both sides of the aisle, particularly our subcommittee chairmen and ranking members who bore the brunt of the workload in bringing this bill to this point. I particularly thank my dear friend and colleague, Senator Warner, the ranking minority member, soon to be chairman of the Armed Services Committee, for the absolutely essential role he has played throughout this process. Right up to the last minute, we were not sure we would get a bill. Senator Warner was able to help us accomplish that and get us to that goal line that we finally think we will cross. I thank him for that.

Mr. LEVIN. Yes, it is quite clear that the Department of Interior has a statutory obligation to promulgate regulations within one year.

Mr. LEVIN. Mr. President, I move to reconsider the vote.

Mr. LEVIN. Mr. President, as Senator Warner did, I add my thanks to our staffs: David Lyles, chief of staff on the Democratic side; Judy Ansley, taking the same responsibility on the Republican side. We are deeply in debt to them and to their entire crew which works with them. Without our staffs, needless to say, we could not even come close, not just procedurally, not just mechanically, to accomplishing this goal of a conference report, but also for the wisdom, the advice they give us on substantive issues as well which is so important to us. I don't know of anybody else who wants to speak. I don't know of a request for a roll call. I yield the floor and hope we can adopt the conference report.

Mr. LEVIN. My understanding is there is no need for a rollcall vote on this bill. Mr. President, just two additional moments I appreciate taking here. One relates to Senator Cleland. Senator Cleland has been a true champion of the men and women who serve our country in uniform. He is directly responsible for a great deal of important legislation, including the transferability of GI bill benefits to a military member's spouse and children. This was a major retention initiative. Secondly, this year he led the effort for a new special assignment incentive pay to encourage military members to serve in hard-to-fill positions. This year he warned us that our military services are too small to meet our ongoing and growing commitments, and he is proving to be prescient in that regard because of the needs we see for our military services in the way in which they are involved in so many parts of the world. But in addition to his role on the Personnel Subcommittee, Senator Cleland continually reminded us of the pitfalls of committing U.S. Armed Forces to conflict without clearly defined objectives supported by the Congress and the American people. Senator Cleland's careful and thoughtful approach to national security has been appreciated by every member of the Armed Services Committee, every Member of this body. His advice and his judgment are going to continue to be needed by us individually, and we will be calling upon him. His indomitable spirit has inspired us, and it will continue to do so. Senator Carnahan has been a valued member of the Armed Services Committee for the last 2 years. She was able to quickly get up to speed. She played an important role in the committee's deliberations on a wide array of issues. She had a particular interest, and had a significant impact, in a number of areas, including Reserve health care and counterproliferation programs. In the area of Reserve health care, Senator Carnahan played a key role in extending the period during which Reservists remain eligible for military health care after being released from active duty, and in initiating a review of alternative means for providing health care to the Reserves. In the area of counterproliferation, Senator Carnahan played a key role in developing legislation to improve our nonproliferation programs to address the problem of radiological weapons and so-called ``dirty bombs.'' She has always been a strong advocate of efforts to expand these programs to countries outside of the former Soviet Union. Her thoughtful, balanced approach to legislation will be missed on our committee, and her good and gentle nature will be missed by every Member of this body. Finally, Senator Bob Smith and Senator Tim Hutchinson were key members of our committee. I take this opportunity to recognize the contribution that Senator Bob Smith has made to the work of the Armed Services Committee and the national security of this country over his 12 years of service on this Committee. Most recently Senator Smith has served as both the Chairman and Ranking Member of our Strategic Subcommittee where he was a strong advocate of national security space programs, ballistic missile defense programs, and the modernization of our strategic nuclear triad. He did not limit his work on the Committee to the work of one or two subcommittees, however. He made it a point to involve himself in the whole range of issues that came before the Committee and the Committee's deliberations and conclusions were always improved by his involvement. This past year for example, he worked very hard on the issue of concurrent receipt for our deserving veterans. Every member of the Armed Services Committee will miss Senator Smith's thoughtful advice and collegial approach to national security issues in the next Congress. I would also like to take this opportunity to recognize and thank Senator Hutchinson for his service on the Armed Services Committee for the last 6 years. In particular, I would like to recognize his service as Chairman and Ranking Member of the Personnel Subcommittee. Senator Hutchinson demonstrated great leadership in helping our military recruiters. He was a major player in enacting TRICARE for Life, significantly increasing the pay of our troops, and reducing the out-of-pocket housing expenses for military personnel not able to live on a military installation. In response to requests for help from enlisted recruiters, he initiated legislation that ensures that military recruiters have the same access to secondary school students as is provided to colleges, universities, and other potential employers. Our service members and our Nation have greatly benefitted from Senator Tim Hutchinson's service here in the Senate on the Armed Services Committee. We thank him.

Mr. LEVIN

Mr. LEVIN. Would my colleague agree that the evaluation that must be conducted under this bill is not meant to be a redundant task upon the EPA?

Mr. LEVIN. Is my colleague aware that the current Remedial Action Plan process and the PA's Contaminated Sediment Management Strategy both consider an evaluation of the heath risks posed by contaminated sites and the cleanup alternatives and that many Remedial Action Plans already include such an evaluation of the health risks?

Mr. LEVIN. Madam President, I want to thank my friend and chairman of the Environment and Public Works Committee for his leadership on restoring some of the Nation's great waters. H.R. 1070, the Great Lakes Legacy Act, will allow the TPA to fund cleanup of contaminated sediments at Areas of Concern in the Great Lakes. Because this contamination poses a significant human health risk, it is important that before cleanup may begin at an Area of Concern using funds under this act, there must be consideration of remedial alternatives and their short and long-term effects on human health and the environment.

Mr. LEVIN. Madam President, I want to thank all of my colleagues in the Senate, Senator DeWine, Senator Stabenow, Senator Voinovich, Senator Clinton, Senator Durbin, Senator Dayton, and Senator Wellstone, as well as Representative Vern Ehlers for their leadership in passing the Great Lakes Legacy Act which is now on its way to the President. I want to thank Chairman Jeffords and the Environment and Public Works Committee. I also want to thank the Lake Michigan Federation, Sierra Club, the Northeast-Midwest Institute, the Great Lakes Commission, and the Council of Great Lakes Industry for their contributions to the successes of this bill. I am particularly pleased that H.R. 1070 includes several of the legislative improvements contained in my companion legislation, S. 2544. As a result of the Senate amendments, H.R. 1070 now authorizes the Great Lakes National Program Office to carry out a public information program to provide information about the contaminated sediments and activities to cleanup the site. The Great Lakes National Program Office is reauthorized and may receive up to $25 million per year which is $14 million higher than the expired authorization. H.R. 1070 also responds to the GAO report released in May by requiring the EPA to submit a report to Congress on the actions, time periods, and resources which are necessary to fulfill the duties of the EPA relating to oversight of Remedial Action Plans at Areas of Concern. Lastly, the legislation has the flexibility to allow both cash and in-kind contributions to be used to meet the non-Federal cost-share requirement. The Great Lakes Legacy Act is needed to address a problem that has been plaguing the Great Lakes for many decades. The region's industrial past unfortunately created a legacy of contaminated sediments, PCBs, heavy metals and other toxic substances in the lakes and tributaries that feed into the Great Lakes. These pollutants, which are degrading the health of both humans and wildlife, settled at the bottom of the tributaries and harbors where they were dumped and contaminated the sediment or material on the bottom. Contaminated sediment is a major environmental problem in our region, and it is critical that some of these concentrated deposits of contaminated sediment be addressed now, because the longer we wait to cleanup the contamination, the longer we will see fish advisories in the Great Lakes. Cleanup delays also mean a greater likelihood that the sediment will be transported into the open waters of the Great Lakes where cleanup is virtually impossible. We have taken steps under the Great Lakes Water Quality Agreement to limit the amount of toxic pollutants entering the Great Lakes ecosystem, and some progress has been made in removing contaminated sediments from our regional waters. Based on information that was gathered in 1999 by the EPA, over 1.7 million cubic yards of contaminated sediment have been removed or treated at a cost of over $300 million at the 32 Areas of Concern in the Great Lakes. However, the General Accounting Office and others have reported that cleanup progress has been slow. With this legislation, EPA can aggressively deal with contaminants that were deposited into the sediments decades ago. This bill authorizes up to $50 million per year to EPA's Great Lakes National Program Office in order to cleanup contaminated Areas of Concern. This includes monitoring and evaluating sites, cleaning up contaminated sediment or preventing further contamination. Projects identified in a Remedial Action Plan would be given priority for this funding. The EPA is required to submit to Congress a report on the actions, time and resources necessary to fulfill the duties of the EPA relating to oversight of Remedial Action Plans at Areas of Concern. Under this legislation, funding will be made available for innovative research to improve our cleanup technology. Additionally, this legislation allows EPA to give money to local groups, States, or tribal groups for outreach and education efforts. Again, I am very pleased that the Congress has taken this critical step for the Great Lakes, and I look forward to the President signing this legislation.

Mr. LEVIN

Mr. LEVIN. I thank the Chair and suggest the absence of a quorum.

Mr. LEVIN. Mr. President, I rise to pay tribute today to two dear friends, Paul and Sheila Wellstone. The October 25 plane crash in northern Minnesota which took their lives was an incalculable tragedy. It deprived Minnesota of a brilliant Senator. It deprived my wife Barbara and me of two very dear friends. It deprived the poor and disadvantaged everywhere in this country of a most committed, eloquent, and passionate champion. If there is one word that I heard perhaps more than any other in the tributes that have been paid to Paul Wellstone, it would be the word ``passionate.'' Compounding the tragedy, the crash claimed the lives of Paul and Sheila's daughter, Marcia; three members of his staff: Will McLaughlin, Tom Lapic, and Mary McEvoy; and the plane's two pilots, Captains Richard Conroy and Michael Guess. Our hearts go out to Paul's sons and grandchildren, and to all of the families of those whose lives were lost. We think about what might have been. We are reminded of just how ephemeral and precious life is. It is said that an obituary tells you what a person did and a eulogy tells you who a person was. I would like to talk about who Paul was. Paul Wellstone was the patron Senator of lost causes. By ``lost,'' I don't mean wrong. In fact, most of his causes were right. But many of them were at the moment unpopular. Paul Wellstone devoted his energies to fighting for the disenfranchised and demoralized, the lonely, and the isolated. He saw his mission in the Senate and in life as comforting the afflicted and, when necessary, afflicting the comfortable. In social justice circles, it is called ``speaking truth to power.'' Paul knew what it is like to be the underdog. He literally wrestled his way into the University of North Carolina on an athletic scholarship. He overcame learning disabilities to earn a Ph.D. from that distinguished university. The civil rights movement inspired him to become active in politics. In 1990, he ran a seemingly quixotic campaign against an incumbent Senator who outspent him by more than seven to one. And Paul won. And he won again in 1996. I think Paul beat the odds because he gave hope to so many people who have been left behind. Paul was a friendly and warm person who learned and remembered everybody's name because he genuinely cared about them. More recently, Paul battled hip and back injuries and publicly announced that he had multiple sclerosis. When he made that announcement, he said--with characteristic wit and pluck--``I have a strong mind--although there are some who might disagree with that--I have a strong body, I have a strong heart, I have a strong soul.'' And that he did. Paul knew what it was like to be an underdog. So he devoted his life to fighting for the underdog. At Minnesota's Carleton College, where he was a professor, he protested the college's investments in companies doing business with pro-apartheid South Africa. He intervened on behalf of many farmers facing foreclosure. He joined the picket lines at a meat-packing plant. And when Carleton College's custodians went on strike, he taught his classes off-campus because he wasn't going to cross that picket line. Paul brought his unabashed idealism to the Senate. He voted against the gulf war in 1991. He voted against the welfare bill in 1996. He led a lonely fight against the bankruptcy bill, saying that it would enrich big credit card companies at the expense of ordinary people suffering ``brutal economic circumstances.'' And the list goes on. One of his last votes that he cast was for the more multilateral approach relative to our situation in Iraq. During that debate, he argued as follows: ``Acting now on our own might be a sign of our power. Acting sensibly and in a measured way, in concert with our allies with bipartisan congressional support, would be a sign of our strength.'' Paul often found himself in small minorities. He was, however, able to move the Senate on occasion through sheer conviction. For instance, he teamed with Senator Domenici to require health insurance companies to provide more equitable coverage and benefits to people suffering from mental illness. It was the right thing to do. It was the fair thing to do. And he prevailed. Life deals everyone setbacks and defeats. And Paul had more than his share, especially in the Senate. But he never became the least bit cynical as many people do when they suffer life's disappointments. He kept coming back cheerful and committed as ever. He was absolutely guileless. And I think that was the source of his popularity, which extended to people who vehemently disagreed with the policies that he advocated. Everyone admired the fact that he spoke from the heart, and he voted based on his sincere beliefs--not from political expediency. He believed in the power of ideas and causes, and in the power of government to help people. He was a formidable adversary. And he had that unique gift of being able to disagree without being disagreeable. T.S. Eliot wrote to a friend: ``We fight for lost causes because we know that our defeat and dismay may be the preface to our successors' victory, though that victory itself will be temporary; we fight rather to keep something alive than in the expectation that anything will triumph.'' That wistful statement, to me, captures some of Paul Wellstone's approach to his duty. With indefatigable goodwill and cheer and sincerity, Paul always bounced back, always carried on, and always stood on principle--never on expediency. He wasn't afraid to be in the minority, even a minority of one. A friend of Paul's, Bill Holm, wrote a touching tribute that appeared in the New York Times the day after Paul died. I am going to put that column in the Record following my remarks, but I wish to quote from it briefly to underscore some of what the column says. Bill Holm wrote, ``Whatever Paul's height, he was one of the largest men I ever met. He filled rooms when he entered them. Size in a public man is an interior, not an exterior, quality. . . . He thought himself an athlete . . . and I suspect he saw his whole political life in that metaphor. He wrestled with the power of big money, military adventurism and penny-pinching against the poor. He meant to fight fair, but he meant to win.'' The great suffragette Anna Howard Shaw remarked, ``it does not make so much difference perhaps as to the number of days we live as it does to the manner in which we live the days we do live.'' She could have been saying that about Paul Wellstone. Paul fought the good fight--usually against long odds. I think, because he was a wrestler, he knew it was always possible to snatch victory from the jaws of defeat. Sometimes you can be behind on points but suddenly pin your opponent seconds before the match is over. So he never gave up. He had an infectious optimism. That is why he was such an inspiration. He certainly lived his life with gusto. He showed that gusto in the way he consumed my wife's stuffed cabbage. We still have some in the freezer which we had preserved for the next dinner we were going to have with the Wellstones. Paul Wellstone may have stood 5 feet 5 inches tall, but he had the heart of a giant. As we mourn his passing, we celebrate his life. What a gift he gave to us all. I ask unanimous consent that Bill Holm's column, appearing in the October 26, 2002, edition of the New York Times, be printed in the Record.

Mr. LEVIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LEVIN

Mr. LEVIN. Mr. President, on the 30th anniversary of the Clean Water Act, I am pleased to acknowledge progress in the cleanup of our Nation's lake and rivers. The goals were ambitious. Congress envisioned a nation of fishable, swimmable rivers and lakes, and zero discharges of harmful pollutants. While we have not reached those goals, the steps we have taken have improved the quality of our water, including the natural, and national, resources embodied in the Great Lakes. As cochair of the Great Lakes Task Force, I have worked with other Members to pass appropriations and targeted legislation to protect our Nation's largest inland body of water. The citizens of Michigan and seven other adjoining States recognize the value of the Great Lakes system to industry, transportation, water resources, and recreation--a vital link in a long chain of waterways that enhance our economy, provide pleasurable pastimes, and protect our health. That's why I authored the Great Lakes Critical Programs Act in 1990 that amended the Clean Water Act; these changes help States measure and control pollutants discharged into the Great Lakes. My bill helped set uniform, science-based water quality criteria, ensuring that citizens throughout the system share the burdens and benefits of reducing harmful pollutants that can affect human health. It also provided for control and cleanup of contaminated sediments that leach into the water, affecting people, fish, and wildlife. I have helped secure other protections for wild creatures through the Great Lakes Basin Fish and Wildlife Restoration Act. This legislation provides a framework and funding for studying and adopting measures to restore healthy fish, bird, and animal populations and to manage fisheries responsibly. Nonpoint source pollution contaminants discharged into water over a broad area are widely recognized as a major problem. The Great Lakes Soil Erosion and Sediment Control Program will help. This 2002 farm bill program provides grants for education on agricultural techniques, such as contoured farming and planting of vegetation along banks, that reduce the runoff of pesticides and other chemicals into streams and rivers. Other legislation has set standards and enabled technology for reducing soil erosion, controlling sediment runoff, and creating environmental research labs specifically targeting the problems of the Great Lakes. Even with our successes, however, EPA reports that more than 40 percent of our Nation's waterways remain too polluted for fishing, swimming, and other activities. Municipal sewage discharges and urban storm sewers continue to dump massive amounts of pollutants into our water. And more needs to be done in our cities, our industries, and our farms. Thus the fight for water quality continues. In this Congress, I have introduced legislation to protect Great Lakes waters from invasive species the zebra mussel, Asian carp, and other intruders that enter U.S. waters through maritime commerce and on the hulls of ships. These intruders can damage ecosystems and wipe out entire populations of native fish. I have also asked the Senate to consider the Great Lakes Legacy Act. This bill would provide funds for States to cleanup and restore areas of special concern, which do not meet the basic water quality standards laid out in a 1972 United States Canada agreement. These areas include some vital passages between the Great Lakes, including Michigan's Detroit and St. Clair Rivers. Funding water quality management activities and improvements in environmental infrastructure is one of my highest priorities. Even now, Congress is exploring ways to improve funding for the construction of wastewater treatment plants to help control urban sewer and stormwater overflows, a huge source of nonpoint source pollution. Even as we implement new measures, the Bush administration threatens a sweeping dismantlement of existing Clean Water Act safeguards by removing Federal oversight, allowing polluters to ``buy'' credits that would permit the continuation of harmful practices, and reneging on the decades-old commitment to protect the Nation's wetlands. The diligence of Congress, previous administrations, Federal and State agencies, and dedicated citizens helped us pass the Clean Water Act and other tough measures needed to preserve and protect water resources. We must stand guard over these gains and move forward, not backward, with even more effective measures. Clean water is a privilege, a pleasure, and something we can't live without.

Mr. LEVIN

Mr. LEVIN. Mr. President, tomorrow night I have the privilege of speaking at the Tuskegee Airmen National Historical Museum's 17th Annual Salute Reception and Dinner in my hometown of Detroit. This event is held each year at the museum to present an outstanding individual with a Distinguished Achievement Award. This year's honoree is Lieutenant Colonel Lee A. Archer, who was one of the original Tuskegee Airmen. He is being honored for his exemplary military, corporate executive, and entrepreneurial careers. Colonel Archer was born in 1921 and enlisted in the Army in 1941. He received his commission after training at the Tuskegee Army Air Field in Alabama and was assigned to the 332nd Fighter Group. He successfully flew 169 combat missions over central and southern Europe and had 4.5 confirmed aerial victories. He modestly shared credit with another pilot for the first victory but a subsequent review indicated that he deserved full credit and the coveted status of ``Ace.'' He received the Distinguished Flying Cross and the Air Medal with 18 Oak Leaf Clusters and numerous other awards over the course of his Active Duty career, which lasted 29 years. These tremendous accomplishments would probably satisfy most people. But Colonel Archer has since gone on to have an equally successful business career. After retiring from the Air Force, he joined the General Foods Corporation in 1970 and became a director just 1 year later. In 1975, he was elected corporate vice president of General Foods. Over the years, he also served as president, chairman, and chief executive officer, CEO, of Vanguard Capital Corporation; chairman and CEO of Hudson Commercial Corporation; and Chairman and CEO of Archer Associates, LTF, a venture capital holding corporation. This is just a partial listing, and doesn't include his numerous civic activities and board memberships. Colonel Archer, along with his fellow Tuskegee Airmen, and the other members of the ``Greatest Generation'' who fought in the Second World War have earned our Nation's enduring respect and gratitude for their heroic and selfless deeds in defense of our country, our freedoms, and our way of life. Regrettably, the Tuskegee Airmen faced rigid segregation and a prevailing prejudice that questioned their ability to serve as Airmen and prevented them from training and working with their white counterparts. But they certainly proved their mettle. Led by the recently departed General Benjamin O. Davis, the first black general in the Air Force; Colonel Archer; and so many other valiant men, the Tuskegee Airmen flew over 15,500 sorties, completed over 1,500 combat missions, and downed over 260 enemy aircraft. They even sank a German destroyer in the harbor of Trieste, Italy. Amazingly, no bomber escorted by the Tuskegee Airmen was ever downed by enemy aircraft. All in all, 992 men graduated from pilot training at Tuskegee during World War II, 450 of whom were sent overseas for combat assignment. One hundred and fifty men made the supreme sacrifice for our Nation and were killed while in training or on combat missions. Thirty-two downed Airmen were taken as prisoners of war. Collectively, the Tuskegee Airmen received 3 Presidential Citations, 95 distinguished flying crosses, 8 purple hearts and 14 bronze stars. Upon returning home from war, these Airmen found a society still deeply segregated. The Tuskegee Airmen themselves remained segregated from the larger military and were unable to provide their skills and aptitude to other units that were in dire need of qualified airmen. It was not until President Truman issued Executive Order 9981 that segregation was ended in the United States Armed Services. This Executive Order played a vital role in the subsequent integration of our Nation. The valor and dedication of the Tuskegee Airmen played a vital role in changing our Nation's attitude toward integration and racial diversity. The author and historian Edith Hamilton, commenting on the works of the ancient Greek dramatist Aeschylus, said, ``Life for him was an adventure; perilous indeed, but men are not made for safe havens.'' Certainly, life for Lee Archer has been an adventure, perilous indeed. Certainly, Lee Archer was not made for safe havens; nor has he ever sought them. All Americans are the better for it.

Mr. LEVIN

Mr. LEVIN. Mr. President, last week, the fight against heroin addiction took a major leap forward after a decade of struggle. On October 8, 2002, the Food and Drug Administration, FDA, announced the approval of a new anti- addiction drug, buprenorphine/naloxone, which, followed with the directives of a new law I authored along with Senators Hatch and Biden, makes a dramatic change in the way America fights heroin addiction. This new anti-addiction drug, developed under a Cooperative Research and Development Agreement, CRADA, between the National Institute on Drug Abuse, NIDA, and a private pharmaceutical company, has been the subject of extensive successful research and clinical trials in the United States. The new law, the Drug Addition Treatment Act of 2000, permits, for the first time, such anti-addiction medications to be dispensed in the private office of qualified physicians, rather than in a centralized clinic. That change can have a revolutionary reduction in the number of addicts, the crimes some of them commit, and the heroin related deaths which have occurred. This newly approved anti-addiction medication has already been in use in France, where significant success has been achieved in getting patients off of heroin, reducing drug-related crime and reducing heroin-related deaths. For example, user crime in France and arrests are down by 57 percent and there has been an 80 percent decline in deaths by heroin overdose. It is estimated that there are approximately 1 million individuals in the U.S. who are addicted to heroin. The new office-based system is a revolutionary change and will make our communities better and safer places to live. It will open the door to tens of thousands of individuals to get rid of their addiction, but are now unable to or are reluctant to seek medical treatment at centralized methadone clinics, where their appearance amounts to an announcement of their addiction and which for many addicts are difficult to get to for their once or twice a day use. According to a report by the Department of Health and Human Services, many individuals who want to get rid of their addiction will not go to centralized clinics, ``. . . because of the stigma of being in methadone treatment. . . .'' The report went on to say that HHS was: . . . especially encouraged by the results of published clinical studies of buprenorphine. Buprenorphine is a partial mu opiate receptor agonist, in Schedule V of the Controlled Substances Act, with unique properties which differentiate it from full agonists such as methadone or LAAM. The pharmacology of the combination tablet consisting of buprenorhine and naloxone results in . . . low value and low desirability for diversion on the street. Published clinical studies suggest that it has very limited euphorigenic affects, and has the ability to precipitate withdrawal in individuals who are highly dependent upon other opioids. Thus, buprenorphine and Buprenorphine/naloxone products are expected to have low diversion potential . . . and should incerase the amount of treatment capacity available and expand the range of treatment options that can be used by physicians. The compelling need for this new system of treatment is borne out in some astonishing data. A recent study by the U.S. Office of National Drug Control Policy, ONDCP, released in January of this year, shows that illegal drugs drain $160 billion a year from the American economy; and that the majority of these costs, $98.5 billion, stem from lost productivity due to drug-related illnesses and deaths, as well as incarcerations and work hours missed by victims of crime. The report found that illegal drug use cost the health-care industry $12.9 billion in 1998. Commenting on the release of the study, ONDCP Director John P. Walters said: Drugs are a direct threat to the economic security of the United States . . . and results in lower productivity, more workplace accidents, and higher health-care costs, all of which constrain America's economic output. Reducing substance abuse now would have an immediate, positive impact on our economic vitality. When we talk about the toll that drugs take on our country, especially on our young people, we usually point to the human costs: lives ruined, potential extinguished, and dreams derailed. This study provides some grim accounting, putting a specific dollar figure on the economic waste that illegal drugs represent. Another recent study, released in September of this year, determined that the majority of drug offenders in our State prisons have no history of violence or high-level drug dealing. The study found that of the estimated 250,000 drug offenders in state prisons, 58 percent are nonviolent offenders. The authors concluded that these nonviolent offenders ``. . . represent a pool of appropriate candidates for diversion to treatment programs . . . .'' They went on to say that ``The `war on drugs' has been overly punitive and costly and has diverted attention and resources from potentially more constructive approaches.'' Of the juveniles who land behind bars in State institutions, more than 60 percent of them reported using drugs once a week or more, and over 40 percent reported being under the influence of drugs while committing crimes, according to a report from the Bureau of Justice Statistics. Drug-related incarcerations are up and we are building more jails and prisons to accommodate them, more than 1000 have been built over the past 20 years. According to the July 14, 1999 Office of National Drug Control Policy Update, ``Drug-related arrests are up from 1.1 million arrests in 1988 to 1.6 million arrests in 1997--steady increases every year since 1991.'' In a September 3, 2001 interview with the New York Times, then-Drug Enforcement Administration nominee Asa Hutchinson underscored the need for drug rehabilitation for nonviolent offenders, saying that we are ``not going to arrest [our] way out of this problem.'' I believe that the system that we have finally put in place will effectively put America on the right road to fighting and winning the heroin addiction war. It has been a long and difficult road for over a decade. First, in providing the resources to help speed the development and delivery of anti-addiction drugs that block the craving for illicit addictive substances. Second, authoring a law that would allow for such medications to be dispensed in an office-based setting rather than centralized clinics, by physicians who are certified in the treatment of addiction. In 1996, the Senate adopted my amendment to the budget resolution to steer $500 million over 6 years to the National Institute on Drug Abuse, which resulted in substantial increases in funding for research conducted by the National Institute on Drug Abuse. Then, in 1997, when Senator Moynihan and Senator Bob Kerrey joined me in convening a panel of experts to present their expert views at a Drug Forum on Anti-addiction Research, in an effort to assess the level of progress and needed support to expedite new anti-addiction discoveries. In October, 2000, the Drug Addiction Treatment Act, was enacted into law. Today, we are taking a giant step forward with the Food and Drug Administration's approval of this new anti-addiction drug, which will allow for the appropriate and long awaited, conventional, office based approach to addiction treatment in this country. The protections in the new law against abuse are as follows: Physicians may not treat more than 30 patients in an office setting; appropriate counseling and other ancillary services must be offered. Under this legislation the Attorney General may terminate a physician's DEA registration if these conditions are violated and the program may be discontinued altogether if the Secretary of HHS and Attorney General determine that this new type of decentralized treatment has not proven to be an effective form of treatment. This great success would not have been possible without the scientific genius, leadership and steadfast support of many individuals, including, Dr. Alan Leshner, who, during his 7-year tenure as Director of NIDA, energetically led the government initiated partnership that produced buprenorphine/naloxone for the treatment of heroin addiction; Dr. Frank Vocci, a brilliant scientist who heads up Medications Development at NIDA and whose tutoring has led me to a better understanding of the science of addiction; Dr. Charles Schuster of Wayne State University, a past director of NIDA who has conducted clinical trials on buprenorphine/naloxone, the results of which have been presented in testimony before Congress. Dr. Schuster has been my resource and my guide on this issue from the very beginning and his advice and expertise continues today; Dr. James H. Woods, Director of Drug Addiction Research Projects at the University of Michigan, has long been a progressive force in the area of addiction research, and has been an effective voice in the formulation of legislative policy in the area of addiction both at home and abroad. Dr. Herbert Kleber, Professor of Psychiatry at Columbia University and one of the Nation's foremost experts on drug addiction and treatment, provided invaluable assistance to me in putting together this new system of treatment. Dr. Chris-Ellyn Johanson, President-elect of the College on Problems of Drug Dependence and Professor in the Department of Psychiatry and Behavioral Neuroscience at Wayne State University, has made major contributions to understanding the basis of the buprenorphine therapeutic effects in the treatment of heroin abuse and dependence; and Dr. Stephanie Meyers Schim, former president of the Michigan Public Health Association, who has helped us to understand that drug addiction is a public health problem that is in crisis and that our health policies should reflect this reality. In closing, I would like to thank those who too often go unnoticed, the Senate staff members who kept this legislation on track despite the many twists and turns and the unforeseen challenges along the way. My Deputy Legislative Director Jackie Parker, whose commitment and diligence in moving this issue was characteristically unwavering. Bruce Artim, who serves Senator Hatch on the Judiciary Committee and Marcia Lee of Chairman Biden's Subcommittee on Crime and Drugs were undeterred in their resolve to move all obstacles that came in the way of making this new system of treatment a reality. Finally, I ask unanimous consent that the remarks of Dr. James H. Woods of the University of Michigan, Dr. Chris-Ellyn Johanson and Dr. Charles R. Schuster of Wayne State University, and Dr. Herbert Kleber of the New York State Psychiatric Institute, along with a list of participants, be printed in the Record.

Mr. LEVIN

Mr. LEVIN. Mr. President, a sensible gun safety measure has been recently passed by our colleagues in the House of Representatives. The ``Our Lady of Peace Act'' was first introduced by Representative Carolyn McCarthy after Reverend Lawrence Penzes and Eileen Tosner were killed at Our Lady of Peace church in Lynbrook, NY on March 12, 2002. These deaths may have been prevented if the assailant's misdemeanor and mental health records were part of an automated and complete background check system. According to the House Judiciary Committee Report on the bill, 25 States have automated less than 60 percent of their felony criminal conviction records. While many States have the capacity to fully automate their background check systems, 13 States do not automate or make domestic violence restraining orders accessible through the National Instant Criminal Background Check System, otherwise known as NICS. Fifteen States do not automate domestic violence misdemeanor records or make them accessible through NICS. Since 1994, the Brady Law has successfully prevented more than 689,000 individuals from illegally purchasing a firearm. More ineligible firearm purchases could have been prevented, and more shooting deaths may have been avoided had state records been fully automated. The Our Lady of Peace Act would require Federal agencies to provide any government records with information relevant to determining the eligibility of a person to buy a gun for inclusion in NICS. It would also require states to make available any records that would disqualify a person from acquiring a firearm, such as records of convictions for misdemeanor crimes of domestic violence and individuals adjudicated as mentally defective. To make this possible, this bill would authorize appropriations for grant programs to assist States, courts, and local governments in establishing or improving automated record systems. I hope we can move in this direction this Congress or next.

Mr. LEVIN

Mr. LEVIN. Mr. President, one year ago today, the public first began to learn of the accounting frauds that led to the collapse of Enron Corporation. For the first time, investors learned of special purpose entities used to make Enron's financial condition look better than it was and of partnerships run by Enron's chief financial officer. One year ago today, the press first reported the $1 billion loss in Enron's shareholder equity and a $700 million loss in earnings. Less than 2 months later, Enron's reputation as a well-run company and a good investment morphed into that of a bankrupt operation with billions in unpaid debt. As the scandal unfolded, Enron's employees lost their jobs and their pensions. Its stockholders lost their shirts. Its accounting firm lost its credibility and its ability to operate as an auditor. About the only ones to walk away from Enron's fall intact were a number of executives who pocketed millions of dollars in compensation despite the company's collapse. Other executives are now beginning to pay the piper for their misdeeds. Of course, Enron was only the beginning. Within 6 months, the press was inundated with reports of multi-billion-dollar accounting frauds at other major publicly traded corporations in the United States. We learned that Worldcom had misreported $3 billion in expenses, a figure which has since doubled to more than $7 billion. We learned that Adelphia had made billions of dollars in unsecured loans to corporate insiders, especially members of the Rigas family. We learned that Tyco had made not only unreported loans to corporate executives and directors, but its CEO appears to have cheated on his taxes. The list of companies associated with accounting frauds or other corporate misconduct kept increasing, shaking not only Wall Street, but also Main Street where more than half of U.S. households are directly or indirectly invested in the stock market. The result is that, today, investor confidence in U.S. financial statements and the U.S. accounting profession lies in tatters. The stock market itself has compiled its worst record in years. The breadth and depth of this corporate misconduct galvanized Congress. Over the past year, we conducted detailed investigations into what happened. We subpoenaed documents. We held hearings. We issued reports. And during the summer, we enacted into law the Sarbanes-Oxley Act, a corporate reform law which calls for a host of changes in the way U.S. business operates, including overhauling accounting oversight, restoring auditor integrity, and strengthening investor protections. This legislation was a strong response to the corporate scandals, but the work is far from over. Enron's 1-year anniversary is a good time to recall what still needs to be done. First, the SEC needs to implement the Sarbanes-Oxley Act. The most important next step here is naming the members of the new Public Company Accounting Oversight Board. This Board is charged with strengthening auditor ethics, disciplinary proceedings, and conflict of interest prohibitions to restore confidence in the U.S. accounting profession. This work will require a frank acknowledgment of past problems, a fresh examination of what works and what has failed, and a willingness to break from past practice to increase investor protections. Some impressive candidates have stepped forward to express their willingness to serve on this board. One terrific candidate is John H. Biggs who is about to retire from his post as chairman and CEO of TIAA- CREF. Mr. Biggs has the stature, expertise, and backbone needed to lead this board. He is the right man at the right moment to restore integrity to U.S. financial statements and the U.S. accounting profession, and the SEC ought to immediately accept his offer to serve the public as a member of this important new board. The SEC also has a host of important regulations to issue over the coming year--a task that will require continued congressional oversight. One of the most important is the requirement that companies disclose all material off-the-books transactions, arrangements, obligations and relationships. While the Financial Accounting Standards Board, or FASB, has issued a proposal to strengthen accounting rules regarding special purpose entities, that addresses only a portion of the problem and the SEC can and must do much more to strengthen disclosure. The SEC must also set up the policies and procedures necessary to identify and administratively bar those persons who are substantially unfit to serve as officers or directors of public companies. Too many officers and directors have turned their eyes away from misconduct, failed to ask tough questions, or allowed fraudulent or questionable activities to continue unchecked at the companies that are now the subject of legal proceedings. We need stronger leadership in corporate America and to eliminate those unwilling or unable to act as fiduciaries for investors. These are just two of the many pressing regulatory issues facing the SEC in implementing the Sarbanes-Oxley reform law. But it will take more than Sarbanes-Oxley to end corporate misconduct and restore investor confidence in U.S. markets. The list of unfinished business includes at least the following items. First, Congress needs to recognize that the SEC is outgunned and outspent and give the SEC the resources it needs to police financial statements and detect and punish corporate misdeeds. Second, we need to give the SEC new civil enforcement authority to impose administrative fines on company officers, directors, auditors, lawyers, and others who violate federal securities laws. Right now, the only wrongdoers the SEC can fine in administrative proceedings are broker-dealers and investment advisers. My amendment to broaden its authority to fine other violators of the securities laws never received a vote during consideration of the Sarbanes-Oxley Act. I intend to keep trying until that vote takes place. Another festering problem involves stock options. Stock option abuses have not stopped, and dishonest accounting of stock option expenses continues. That means that Congress still needs to set a deadline for FASB to take appropriate action on the issue of expensing stock options. Over 120 publicly traded companies have announced their intention--on a voluntary basis--to begin expensing options. That is a huge and welcome change from past practice. But many other public companies have indicated they have no intention of expensing options until required to do so. It is time to level the playing field in favor of honest accounting of stock options. Still another continuing problem involves so-called corporate inversions, when U.S. companies pretend to move their headquarters to an offshore tax haven in order to avoid paying their fair share of taxes. These offshore shenanigans are not only unpatriotic, they are unfair to the taxpayers who have to pick up the slack and pay for this country's military, security, law enforcement, and other needs, many of which benefit the companies avoiding their fair share of taxes. I plan to spend a significant amount of time over the next year looking at issues related to offshore tax evasion and corporate nonpayment of tax. A few years ago, this country had billions of dollars in surplus and a growing economy. But that is over. One contributing cause is the corporate scandals over the last year. Those arguing for tepid reforms or the status quo will not provide the leadership needed to end the corporate misconduct and investor fears now plaguing U.S. markets. We need not only to complete the implementation of the Sarbanes-Oxley law, but also to move ahead with additional measures needed to restore investor faith in U.S. business. The one-year anniversary of the Enron scandal is a good time to renew the call for that unfinished business.

Mr. LEVIN

Mr. LEVIN. Mr. President, this weekend hundreds of individuals from throughout the Nation will be gathering in my hometown of Detroit, MI, to honor, remember, and pay tribute to one of the most illustrious and feared U.S. Army units in the Second World War, the Tuskegee Airmen. These individuals will be gathering for the Tuskegee Airmen National Historical Museum's 17th Annual Salute Reception and Dinner. The story of the Tuskegee Airmen is unique in many ways but starts with similarities to the story of so many members of the ``Greatest Generation'' who fought in the Second World War. It is a story of young men who answered the call of duty and fought to defend our Nation with courage, pride, and zeal against the forces of tyranny and oppression. These men have earned our Nation's enduring respect for their actions and deeds in defense of the United States. But of course their story is also unique. In addition to being one of the most successful air combat units in the Second World War, the Tuskegee Airmen, whose pilots trained at the Tuskegee Army Air Field in Tuskegee, AL, overcame a pattern of rigid segregation and prejudice that questioned their ability to serve as Airmen and prevented them from training and working with their white counterparts. Led by the recently departed General Benjamin O. Davis, the first black general in the Air Force, the Tuskegee Airmen flew over 15,500 sorties, completed over 1,500 combat missions, and downed over 260 enemy aircraft. They even sunk an enemy destroyer. Amazingly, no bomber escorted by the Tuskegee Airmen was ever downed. But 66 Tuskegee pilots flying escort did make the supreme sacrifice for our Nation and another 32 were taken as prisoners of war. Collectively, these actions won the Tuskegee Airmen 3 Presidential Citations, 95 distinguished Flying Crosses, 8 Purple Hearts and 14 Bronze Stars. Upon returning home from war, these Airmen found a society still deeply segregated. The Tuskegee Airmen themselves remained segregated from the larger military and were unable to provide their skills and aptitude to other units that were in dire need of qualified airmen. It was not until President Truman issued Executive Order 9981 that segregation was ended in the United States Armed Services. This Executive Order played a vital role in the subsequent integration of our Nation. The valor and dedication of the Tuskegee Airmen played a vital role in changing our Nation's attitude toward integration and racial diversity. In recent years, our Nation has rightly sought to honor those who served in the Second World War and to recognize the challenges faced and overcome by the Tuskegee Airmen. I know my Senate colleagues join me in commending the Tuskegee Airmen for their willingness, to paraphrase Philip Handleman, an aviation historian from Oakland County, MI, to fight two wars at the same time: one war against the forces of totalitarianism abroad and the other against the forces of intolerance and prejudice at home, and to have the determination to win them both.

Mr. LEVIN

Mr. LEVIN. Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. LEVIN

Mr. LEVIN. Mr. President, each year between September 15 and October 15, we celebrate Hispanic Heritage Month. This tradition began in 1968 when Congress set aside a week to celebrate Hispanic culture, achievements, and contributions to American culture and society. In 1988, Congress expanded the week to a month-long commemoration. Gil Coronado, founder and chairman of Heroes and Heritage: Saluting a Legacy of Hispanic Patriotism and Pride, was one of the driving forces behind the creation of Hispanic Heritage Month. Mr. Coronado enlisted with the Air Force when he was just 16. He served for 30 years in Vietnam, Panama, Germany, and Spain before he retired as a colonel. During his stellar career, he received over 35 awards, including the Legion of Merit and the Bronze Star. Like Colonel Coronado, countless numbers of Hispanic Americans have answered the call, defending our liberty and freedoms as members of our Armed Forces and in other capacities. Twelve Hispanic Americans were among the firefighters killed on September 11 as they tried to rescue their fellow Americans trapped in the World Trade Center's two towers. Hispanic contributions to America date back nearly 500 years to Easter, March 27, 1513 when Juan Ponce de Leon sighted land, which he claimed for Spain and named ``La Florida,'' meaning ``Land of Flowers.'' De Leon and his fellow explorers such as Alvarez de Pinela and Cabeza de Vaca traversed most of what we now call America's sunbelt. Hernando de Soto was the first European to discover the Mississippi River, an event depicted in one of the great historical canvases which hang in the Rotunda of the Capitol Building. St. Augustine, FL, was founded in 1565, 42 years before the English colony at Jamestown, VA, and 55 years before the Pilgrims landed on Plymouth Rock in Massachusetts. St. Augustine is the oldest permanent European settlement on the North American continent. In 1787, St. Augustine had the first free, integrated public school. America's diverse and vibrant Hispanic population has made enormous contributions to our Nation, its culture, and its economy. Former Senator Dennis Chavez, union organizers Antonia Pantoja and Caesar Chavez, entertainers Gloria Estefan and Jennifer Lopez, actor Martin Sheen, and baseball players Alex Rodriguez and Sammy Sosa are just a few of the Hispanics Americans who have done so much to enrich all Americans' lives. My hometown, Detroit, has benefited greatly from Hispanic immigrants pursuing the American Dream. Southwest Detroit, known affectionately as Mexicantown by its residents, is the fastest growing part of the city. Hispanics from Mexico, El Salvador, Guatemala, Cuba, and other Caribbean nations have opened businesses, bought homes, and turned a once neglected urban neighborhood into a thriving community and one of the city's centers. Maria Elena Rodriguez, president of the Mexicantown Community Development Corporation, has been one of the primary catalysts of the turnaround. Hispanic contributions to Michigan's businesses abound. The Kellogg Company, founded and headquartered in Battle Creek, is the world's leading cereal producer. It has millions of customers in over 160 countries. At present, the chief executive officer is Carlos Gutierrez, who started at Kellogg's as a sales representative in Mexico City over 25 years ago. Other prominent Hispanics with ties to Michigan include Antonia Novello, who started her medical career at the University of Michigan. In 1990, she became the first woman U.S. Surgeon General, and the first Hispanic American to hold the post. Grammy-winning musician Jose Feliciano, a native of Puerto Rico, made his professional debut at the Retort Coffee House in Detroit in 1963. He is, perhaps, most famous for his Latin-soul version of the Doors' hit, ``Light My Fire,'' a blues-rock rendition of the ``Star-Spangled Banner'' performed at a 1968 World Series game between Detroit and St. Louis, and the Christmas classic, ``Feliz Navidad.'' Rebecca Arenas received the ``Caesar Chavez Civil Rights Achievement Award'' in 2000 for her work to improve the lives of Hispanics generally, and migrant workers in particular. Rebecca's parents brought her to Michigan from Crystal City, TX, when she was 5. They were migrant workers who chose Michigan because they believed Rebecca would get a better education. Rebecca has passed this commitment to education on to her children, all seven of whom have received a postsecondary education. Rebecca has worked tirelessly to increase Hispanics' access to education and health care and to boost their voter registration. Hispanic Americans constitute the fastest growing segment of our population. Right now, one in eight Americans is Hispanic--about 32 million Americans. By 2050, one in four Americans will be Hispanic. Hispanic Americans are the fastest growing small business owners nationwide. Hispanic Americans will purchase $580 billion in goods and services this year. By 2007, that purchasing power will increase by 315 percent to $926 billion. Cities such as Los Angeles, San Antonio, New York, and Miami traditionally have been centers of Hispanic influence. Increasingly, however, Hispanics and Hispanic Americans are moving to other parts of the country, such as Arkansas, Georgia, and North Carolina. This shift in migration will spread Hispanic culture and influence throughout the country. As we celebrate and commemorate Hispanic Heritage Month, we must also acknowledge the challenges facing the community--and the country--that lie ahead. Too many Hispanic American youth are incarcerated. Hispanic Americans have a lower rate of educational achievement than the national average. A higher than average number of Hispanic Americans live in poverty. Congress can and must help Hispanic Americans by pursuing fair and meaningful immigration reforms; supporting Hispanic education programs, increasing access to higher education, helping the economy to create good jobs at decent wages, and restoring benefits to legal immigrants under the Medicaid and State Children's Health Insurance Program-- SCHIP. So, Hispanic Heritage Month is a time to celebrate what has been accomplished and recognize what still needs to be done. I congratulate Hispanic Americans in Michigan and across America for their wonderful contributions to our country. And I pledge my efforts to ensuring that more Hispanic Americans have access to the great opportunities our country has to offer.

Mr. LEVIN

Mr. LEVIN. Mr. President, I wish to bring the National Integrated Ballistics Information Network or NIBIN to the attention of my colleagues. NIBIN is an interconnected, computer-assisted ballistics imaging system that allows forensic firearms examiners to obtain computerized images of the unique marking made on bullets and casings when a gun is fired. Through NIBIN, investigators can rapidly compare these markings with images in the database of Federal, State, and local law enforcement laboratories. Law enforcement officials can then link evidence from multiple crime scenes, identify patterns of criminal activity, and possibly lead investigators to the arrest of suspects. As an investigative instrument, ballistics imaging complements crime gun tracing. Crime gun tracing consists of tracking the history of a gun used to commit a crime. By tracing crime guns, the Bureau of Alcohol, Tobacco, and Firearms helps State and local law enforcement agencies solve firearms-related crime by identifying suppliers of multiple-crime guns, and gun trafficking patterns. According to an ATF report, since March 2000, the NIBIN in coordination with crime gun tracing efforts has produced more than 8,800 ballistics matches, linking over 17,600 crime scenes. Some of these matches would not have been made without the use of a computer-assisted ballistics imaging system. I believe that the NIBIN should be expanded, and that is why I have cosponsored the Ballistics, Law Assistance, and Safety Technology Act or BLAST which would require licensed firearms manufacturers to test fire firearms, prepare ballistics images of fired bullets and casings of new firearms. Expanding NIBIN to include these ballistics images would increase ATF's crime gun tracing capabilities. ATF agents could quickly identify firearms even when criminals had obliterated the serial number by using the ballistics images of cartridge cases and bullets recovered at crime scenes. In fact, they could identify the firearm used in the crime without actually recovering that firearm. This bill contains strict provisions stating that ballistics information of individual guns may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime. I believe this is sensible legislation that will strengthen law enforcement's ability to effectively track down criminals and I urge my colleagues to support it.

Mr. LEVIN

Mr. LEVIN. Of course he could. Pursuant to----

Mr. LEVIN. Because we are explicitly saying, pursuant to the right of self-defense, he may always, at any time, without authority from anybody. But the United Nations----