Bob Smith

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, by now, most everyone in the Nation has heard of the problems caused by MTBE (methyl tertiary butyl ether). I am very pleased that S. 950, the Federal Reformulated Fuels Act of 2002, reported by the Senate Committee on Environment and Public Works, has largely been incorporated into the Senate energy bill, S. 517, passed by the Senate on April 25, 2002. I would like to thank all those who worked with me to negotiate this comprehensive solution to the MTBE problem. The legislative package provides Federal funding for cleanup of existing contamination and for prevention of future releases of MTBE, while preserving the environment and protecting the country from gasoline price spikes and fuel shortages. I would like to engage in a brief colloquy with the chairman of the committee so that we can provide an overview of the problems caused by MTBE and how this legislation solves these problems. The problem that initially motivated the committee and the Senate to act on S. 950 and this issue in general is the existing MTBE contamination of water resources. Leaking underground storage tanks (USTs) are the major source of MTBE releases. Section 832 of this legislation authorizes $200 million from the Leaking Underground Storage Tank (LUST) Trust Fund for States to use for MTBE remediation. For this limited allocation of funds, the legislation waives the LUST requirement that the contamination be linked to an UST. Once in the environment, MTBE separates from other gasoline components and can quickly move far away from the source. Since MTBE contamination is difficult to trace, it is nearly impossible to establish a link between the contamination and a LUST. In addition to cleaning up existing contamination, we must prevent future leaks from USTs because MTBE, in volumes much lower than current levels found in reformulated gasoline (RFG), may remain in gasoline for up to four years of enactment of this bill. To prevent future leaks, Section 832 of this legislation authorizes an additional $200 million from the LUST Trust Fund for States to use for activities to enforce existing UST regulations. There is still more to learn about remediation of MTBE. Section 832 of this legislation authorizes $2 million for conducting bedrock bioremediation research and establishing an information clearinghouse. These authorized funds are intended to go to the Bedrock Bioremediation Center (BBC) at the University of New Hampshire. Currently, the BBC conducts research on bioremediation of various contaminants in fractured bedrock. This additional funding will allow the BBC to learn ways of cleaning up MTBE contamination in fractured bedrock and establish an information clearinghouse so that the newly developed remediation techniques may be shared across the nation. Once MTBE enters fractured bedrock, it is nearly impossible to remediate and equally as difficult to track. MTBE may contaminate wells that are many miles away from the original source. In simple terms, we can't get it out of bedrock and we can't tell where it will cause problems.

Mr. SMITH of New Hampshire. In addition to elimination of the oxygen mandate, as the Senator from Vermont has indicated, this legislation requires EPA to make a determination about the adequacy of any pending RFG petition to waive the oxygen content requirements of section 211(k)(2)(B) for RFG. If EPA fails to act in the required time, the petition shall be deemed approved. Although this includes an opt-out or other request, EPA's failure to act results in automatic approval of the petition only to the extent that the oxygen content requirement for RFG would be waived. No other RFG requirements are affected. This provision only applies to petitions pending at the time of enactment of this provision. The State of New Hampshire submitted to EPA a request to opt-out of the RFG program and set state fuel standards that are identical to the Federal RFG specifications, excluding the oxygen mandate. The EPA is instructed to interpret the New Hampshire RFG opt-out request as a request to eliminate the oxygen mandate. If the request is deemed adequate, either by EPA or by statute, the RFG sold and used in New Hampshire will not be required to adhere to the oxygen content requirement, effective immediately upon the adequacy determination. The removal of the oxygenate requirement alone, however, is not enough to ensure the removal of MTBE from gasoline. Therefore, Section 833 of this legislation contains a provision that prohibits the blending of MTBE in gasoline within 4 years of enactment. The 4-year period is intended to allow fuel refiners to phase out the use of MTBE on a schedule that will not cause gasoline shortages or price spikes. The absence of a mandatory statutory phase down schedule is intended to give maximum flexibility to fuel refiners as they proceed to an MTBE- free gasoline supply. The reference to use of MTBE in new section 211(c)(5)(A) of the Clean Air Act is meant to cover use by all persons. It includes all persons in the motor vehicle fuel production and distribution system, as well as ultimate consumer of the fuel and producers of MTBE. EPA's regulation may include appropriate provisions to implement this prohibition. The findings listed in this section are intended to clarify that the elimination of the use of MTBE is intended to protect water quality. It is important to note that health concerns are not the main cause for Congressional action, based on information to date. There is an allowance for de minimus amounts of MTBE to be present in gasoline because MTBE is sometimes produced in trace amounts during the gasoline production process. The Administrator will make a determination on what level is appropriate, but the legislation provides that it can be no more than .5 percent by volume. Another provision gives States the authority to allow the use of MTBE in gasoline for sale and use within such State's borders. This provision is intended to allow a State to use MTBE should the State determine that other problems, such as increased air pollution, price spikes, or fuel supply shortages, outweigh any adverse impact MTBE may have on water quality. The regulations implementing this provision could allow production and distribution in other States for intended ultimate use in the notifying State, with appropriate safeguards to ensure that the fuel containing MTBE ultimately is only sold or used in the notifying State. Such rules, however, should not authorize production or use in a state that has banned MTBE and does not want it stored or handled there for fear of water supply contamination. Section 833(d) is intended to hold harmless any legal recourse that the States may have during the on-going litigation over the efforts to impose or defend state MTBE bans or other legitimate actions to control or prohibit MTBE use or production.

Mr. SMITH of New Hampshire. Mr. President, the existing RFG regulations set separate standards for fuel sold in Northern and Southern RFG areas. Section 839 of the legislation we are discussing requires EPA to revise existing RFG regulations to apply the stricter Southern requirements in all RFG areas nationwide. This will provide the Northern RFG States, including New Hampshire, with less-polluting Southern RFG. In addition, this provision will help to reduce the number of boutique fuels. This provision does not alter the Administrator's current ability to make volatile organic compound (VOC) adjustments for ethanol blends of RFG, like the existing adjustment given to Chicago and Milwaukee.

Mr. SMITH of New Hampshire. To address the inflexibility of the opt- in process for states that desire to use RFG to reduce emissions, section 837 of the Energy bill allows Governors of States within the Ozone Transport Region (OTR), to opt in any area to the RFG program. EPA must approve the request unless there is insufficient capacity to supply RFG to the area. Currently, only ozone nonattainment areas are allowed to opt in to the program. This legislation expands the program to include all areas within the OTR States. This will give those states, including New Hampshire, the opportunity to have one clean, MTBE-free RFG statewide. This provision is intended to provide cleaner fuel, address the boutique fuel problem, and help states achieve attainment. The section addresses both the commencement and termination of the RFG requirements in areas in the OTR that opt-in to RFG under that provision. The provision on termination of the RFG program in these opt-in areas is not intended to change or modify in any way EPA's authority to adopt reasonable opt-out provisions under either section 211(k)(6)(A) or (B). This section includes a provision that allows a temporary delay of the effective date of these requirements if there is insufficient capacity to supply gasoline to a State that chooses to opt in new areas to the RFG program. If EPA, in consultation with the Department of Energy, determines that expansion of the RFG program would result in insufficient supply of gasoline in the State, the effective date of the new opt-in areas may be delayed for a period of up to one year with the possibility of two more periods of up to one year each.

Mr. SMITH of New Hampshire. To avert air quality problems that might arise through increased use of ethanol, pursuant to the renewable fuels requirements, section 819(c) of the legislation allows States to eliminate the RVP waiver for gasohol if such waiver will increase air pollution in any area within the State. If a state determines the waiver will cause air quality problems, the State may submit notification, accompanied by supporting documentation, to EPA indicating that the stricter RVP limit must be applied to gasohol within the state. This provision will help new ethanol using states to control evaporative air pollution emissions from gasohol. This section includes a provision that establishes a temporary delay of the effective date of these requirements if there is insufficient capacity to supply gasoline to a State that chooses to eliminate the ethanol RVP waiver. If EPA, after consultation with the Department of Energy, determines that elimination of such waiver would result in an insufficient supply of gasoline in the State, refiners may be allowed to retain the ethanol RVP waiver for a period of up to 1 year with the possibility of two more periods of up to 1 year each.

Mr. SMITH of New Hampshire. In order to limit potential negative impacts on gasoline prices and fuel supplies, the legislation authorizes a total of $750 million over three fiscal years to promote production of other fuel additives. This funding is intended to provide grants to merchant MTBE producers for retooling existing facilities to produce other clean fuel additives, such as iso-octane, in order to avoid any fuel shortages that may have otherwise resulted from the elimination of the use of MTBE. According to a report from the EPA, the impact of the Federal Reformulated Fuels Act on the fuel supply could range from a one percent shortage to a one percent surplus. The report further stated that, due to the transition assistance, the actual impact is more likely to be on the surplus side.

Mr. SMITH of New Hampshire. Mr. President, I agree with the chairman that this legislation is not ideal, but it accomplishes our main goal of remediation and prevention of MTBE contamination. I am pleased that the House has appointed its conferees today and I hope that we can move that conference to an expeditious conclusion maintaining the integrity of the compromise that we worked out here in the Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, the estate tax, better known as the ``death tax,'' is an onerous tax that should be eliminated. A recent poll revealed that 77 percent of the voters believe that the tax is unfair. This tax is slowly destroying family businesses by slowing growth. And it is unfair that families who have worked their entire lives to build a successful family farm or business should be penalized. Individuals who look forward to leaving something behind for their children should not be punished by confiscatory, anti-family taxes. In fact, after years or even generations, children are often forced to sell the family farm or business just to pay the tax. This is both unfair and unconscionable. However, not only is it the children who must suffer the loss of the family business, but the workers and their children who suffer when they lose their job because the business they've been working at is liquidated to pay the death tax. But it doesn't stop there. The local community, particularly small towns, suffer as well because their customers can no longer afford to buy their products after having lost their job. The estate tax is outdated, it raises little money, and it imposes a large cost on the economy. In 1999 the estate tax generated about $24 billion. However, it is estimated that administrative costs to enforce the tax are over $36 billion. A recent analysis by the Heritage Foundation found that the U.S. economy would average nearly $11 billion per year in additional output if this tax were abolished. The National Association of Manufacturers states that 40 percent of it's members had spent more than $100,000 on attorney and consultant fees related to death tax planning. In addition 3 out of 5 members pay at least $25,000 a year to prepare for the death tax. A 1998 study by the Joint Economic Committee found that if the death tax was repealed, as many as 240,000 jobs would be created and Americans would have an additional $24.4 billion in disposable personal income. A February 2000 study by the National Association of Women Entrepreneurs found that the death tax has a negative impact on female entrepreneurs. According to the study, business owners found that female entrepreneurs spent, on average, nearly $60,000 on death-tax planning. So who pays the death tax? We all do. We pay it through lower wages and fewer jobs. In high- unemployment regions or rural areas such as the North Country of New Hampshire and elsewhere, the death tax destroys badly needed jobs before they are created. We pay it through the destruction of our communities. In hundreds of American towns, small family-owned businesses are struggling to survive against the competition provided by large corporate retailers. Home Depot doesn't pay the death tax. The family-owned hardware store does. The death tax accelerates the transfer of wealth from the owners of small businesses to the owners of large, public corporations. And we pay it through slower growth and less wealth. Study after study shows the death tax reduces savings, lowers investment, and restricts the capacity of the economy to grow. The death tax literally confiscates capital, the lifeblood of any economy. That means lower incomes and fewer opportunities for ourselves, as well as our children. Death tax supporters argue we cannot afford to repeal this tax. All the evidence suggests just the opposite. We cannot afford to continue this destructive tax. So who's left holding the bag, the middle-class. This tax is unfair and it is anti-family. We must repeal this tax now. I strongly urge passage of this legislation.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today in support of my legislation to prohibit any U.S. taxpayer money from ending up in the hands of Yasser Arafat and the Palestinian authority. Unfortunately, Yasser Arafat is not a partner in the peace process. As long as the United States continues to provide money to the Palestinian authority through grants to non-governmental organizations, some of that money will end up in the hands of those who wish to do harm to Israel. We must stand shoulder to shoulder with Israel in the war against terrorism. We must also send a clear message to Yasser Arafat and the Palestinian leadership that the United States will not tolerate terrorism against Israel. Israel is a true friend and ally. And, as a Nation, we share many of the same values--democracy, respect for human rights, freedom of the press, a strong desire for peace and prosperity, to name but a few. During the Camp David summit in July of 2000, it was Israel that was prepared to make tremendous concessions to ensure peace in the Region. As we all know today, Arafat refused to reach a peace agreement, and walked away from the negotiating table. Yasser Arafat did not want peace because he needs the conflict for them to stay in power. Instead of peace, they chose terror. My staff has compiled a list of terrorist attacks on Israel last year. In 2001, 79 attacks cost 160 innocent Israelis their lives, and wounded another 1,200. Since then, of course, we have all seen the tremendous cost in human lives and misery from many more terrorist attacks on innocent civilians, and the resulting isolation of Yasser Arafat and the civilized world's condemnation of the Palestinian authority. We dare not forget the level of terror visited upon Israel by Palestinian terrorists. Arafat is using his own personal forces to attack Israel through suicide attacks. Furthermore, he is allowing Hamas and Islamic Jihad safe harbor in the West Bank and Gaza Strip. Hamas and Islamic Jihad are two of the most heinous terrorist organizations in the world, responsible for the deaths of numerous innocent people. Keep in mind, at one time, Arafat promised to get rid of these organizations. Arafat's promises are worth nothing. It is wrong to ask American taxpayers to subsidize the Palestinian authority when Yasser Arafat uses the resources of the Palestinian authority to attack innocent men, women, and children in Israel. We have seen video footage of the Palestinian people cheering and dancing in the streets after the September 11th attacks--many holding posters of Saddam Hussein. Yet, while we have sanctions against Iraq, we are providing millions of dollars in aid to the Palestinian authority through non-governmental organizations. We know well that any funds, even designated as humanitarian, free up money that Arafat can use for his army of human bombers. If there is any doubt in anybody's mind that Yasser Arafat promotes terrorism, I would like you to consider the order on the official letterhead of the presidential bureau of the Palestinian authority/ Palestine liberation organization, bearing the signature of Yasser Arafat just 8 days after our country was attacked on 911, ordering $600 be paid from the treasury of the Palestine authority to each of three terrorists. Two of them are senior activists of the Fatah terrorist group, and one of these, Ziad Da'as, is the head of the group behind a recent deadly terrorist attack on a bat-mitzvah party in Israel. The Israeli defense ministry says they recently captured this document at Arafat's office in Ramallah. Also, I ask my colleages to consider the order from Yasser Arafat to the finance ministry of the Palestinian authority from January 7th of this year. In this document, Arafat orders the disbursement of $350 to each of the 12 named Fatah activists. According to the Israeli Defense Ministry, who captured this document at Arafat's headquarters in Ramallah, each of these 12 individuals are known terrorists, belonging to Fatah and or Tanzim. Arafat's approval is given in response to a request of Ra'ed Karmi, then the head of the Fatah and Tanzim Terror Groups, which perpetrated numerous murderous attacks on innocent Israeli civilians since September 2000. American aid to the Palestinian authority allows Arafat to focus more of his resources on attacking Israel. We need to make sure no taxpayer money ends up in the Palestinian authority. My legislation would do just that. As recently as April 7th of this year, Tim Russert on ``Meet the Press'' asked the Secretary of State to deny that Arafat is funding terrorism. Here Is what he said: Russert: Israel says documents link Arafat and terrorism. They seized documents and made them public, which linked the office of Yasser Arafat with terrorist attacks carried out against Israeli civilians and other targets. One of the documents, said to be an invoice submitted by a leading Palestinian militant group to a Palestinian official, among other items, the invoice requested 20,000 Israeli Shekels, $4,200 American, to buy electrical and chemical components for the production of a month's supply of 30 bombs. It's an invoice of terrorism, said Dori Gold, an advisor to Prime Minister Sharon. [Mr. Secretary,] do you believe the Palestinian authority harbors or supports terrorism?'' Do you know, what our Secretary of State replied? Did he deny the authenticity of this document? He did not. Did he deny that Arafat paid the bill? He did not. Did he deny that our taxpayer dollars are thus funding the killing of innocent men, women and children? He did not. What he said was, ``It is a complex situation''. There's nothing complex about it! Our tax dollars should never be used for terrorism. Period. End of discussion! After our Nation was brutally attacked on September 11, President Bush set a new direction in U.S. foreign policy. He Said, ``From this day forward, any Nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime.'' By any honest assessment, Yasser Arafat both harbors and supports terrorism. On the other hand, Israel is a good friend of the United States and the only democracy in the middle east. I repeat, we must stand unequivocally by Israel, and do everything in our power to support her. The record is clear. Israel is a friend of the United States, Yasser Arafat is not. We can't expect Israel to negotiate with individuals who wish to destroy Israel's very existence. We must also ensure that we in no way support Arafat's oppressive regime by providing money to organizations affiliated with the Palestinian authority. Every dollar that we send to the west bank and Gaza is a dollar that could potentially be used to support terrorism. I strongly urge my colleagues to stand with me on the side of Israel and vote for my legislation.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to honor Frank Oliveri, an exemplary public official who dedicated himself to serving the people of the city of New York for three decades. As deputy director of waste water treatment, he has brought to the office the professional skills and knowledge that has made a difference in the lives of the people of the Big Apple. Frank began his career with the Department of Environmental Protection in 1971. He is widely respected for his waste water expertise at city, state and national levels. Frank approached his work with a can-do attitude, and balanced what needs to be done with what can be done. Throughout his career, Frank accomplished a great deal for the Department of Environmental Protection. It is an honor and a privilege to serve Frank Oliveri in the U.S. Senate and I wish him and his family Godspeed in his retirement and in all of their future endeavors.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I pay tribute to Melissa Mabon and Brooke Savage, two of New Hampshire's Entrepreneurs of the Year. It is doubtless that their success is a tribute to their hard work and dedication. As cofounders of Pragmatech Software Inc. in Amherst, Brooke and Melissa have built a company from conception into what it is today. Their business knowledge and planning have led them to build a company with no outside investment giving them greater flexibility with respect to management decisions. Pragmatech, which was founded in 1994, offers several services including an expert knowledge base that supports automated responses to ``requests for proposals'' and ``form-based proposals.'' They also feature programs that assemble proposals, provide point-by-point responses to specifications, publish on the Web, and gauge the effectiveness of proposals, just to name a few. It is my great pleasure and honor to represent Brooke and Melissa in the United States Senate and wish them all the best in future endeavors.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I pay tribute to an outstanding businessman, Robert Scott, on receiving New Hampshire Entrepreneur of the Year. His outstanding business practices and understanding have no doubt brought him to this place. Scott cofounded Octave Communications in 1998 with audio conferencing in mind. Since then, the systems that have been produced include the newest model that allows for wireless voice conferencing. With many more options available Octave offers browser-based scheduling, management and control for reservation-less conferencing over traditional public switched telephone networks and Voice over Internet Protocol Networks. Scott's effort has paid off in the growth of an up and coming company that is sure to make its mark on New Hampshire. It is always my distinct honor and privilege to represent fine businessmen like Robert Scott in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I would like to take this opportunity to introduce the Senate version of the American Land Sovereignty Act of 2002. Quite simply, this legislation would help to ensure American sovereignty over property and private property rights will be part of the World Heritage Program and the United Nations Man and Biosphere Program. The two programs referenced in this legislation are international land conservation programs in which the U.S. is a signatory and active participant. As written, these international agreements could impose international land use policy on the United States and have a terrible consequence on private property owners by prohibiting or limiting the use of private land located near any designated sites. Put simply, the intent of my legislation is to protect private property rights. The purpose of the World Heritage Convention is to identify and list worldwide natural and cultural sites and monuments considered to be of such exceptional interest and such universal value that their protection is the responsibility of all mankind. Each country adopting the Convention, which the United States did in 1973, pledges to protect listed sites and monuments within its borders. Twenty U.S. sites are listed, including many of our own natural wonders like Yellowstone and Grant Canyon National Parks. The purpose of the Biosphere Reserve Program is to promote cooperation and communication among a worldwide network of areas that would include all major ecosystems. Under the Program, countries can nominate an area for inclusion into the Program based on the area's significance for ecological research and study of representative biological regions of the world. There are currently 47 biosphere reserves in the U.S., including Everglades and Dry Tortugas National Parks, Glacier National Park, and the New Jersey Pinelands. While the intentions of both of these programs are admirable, the United States should not participate without assurances that American sovereignty and private property rights are protected above all else. I have been deeply concerned with the erosion of U.S. sovereignty by various international agreements for some time and have grave concerns with any action by the United Nations, or any other body, that would infringe upon private property rights. The American Land Sovereignty Protection Act aims to protect the sovereignty of the U.S. and the rights of private property owners by requiring congressional approval before any area within the borders of the United States is made a part of an international land reserve. In so doing, this bill asserts the constitutional power of Congress to exercise its right and responsibility to preserve and protect the rights of individual property owners, and create laws that govern lands belonging to the United States. Given that inclusion of an area into one of these programs could cause an adverse impact on the value or use of private property in the area and on the local and regional economy, the legislation also requires that any nominations made to these two programs undergo public comment. Additionally, I will be giving full consideration to adding a provision that will allow States, local governments, or private property owners a veto right over any nomination. I look forward to exploring this possibility as the legislation moves through the Senate. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I would like to take this opportunity to introduce the Senate version of the American Land Sovereignty Act of 2002. Quite simply, this legislation would help to ensure American sovereignty over property and private property rights will be part of the World Heritage Program and the United Nations Man and Biosphere Program. The two programs referenced in this legislation are international land conservation programs in which the U.S. is a signatory and active participant. As written, these international agreements could impose international land use policy on the United States and have a terrible consequence on private property owners by prohibiting or limiting the use of private land located near any designated sites. Put simply, the intent of my legislation is to protect private property rights. The purpose of the World Heritage Convention is to identify and list worldwide natural and cultural sites and monuments considered to be of such exceptional interest and such universal value that their protection is the responsibility of all mankind. Each country adopting the Convention, which the United States did in 1973, pledges to protect listed sites and monuments within its borders. Twenty U.S. sites are listed, including many of our own natural wonders like Yellowstone and Grant Canyon National Parks. The purpose of the Biosphere Reserve Program is to promote cooperation and communication among a worldwide network of areas that would include all major ecosystems. Under the Program, countries can nominate an area for inclusion into the Program based on the area's significance for ecological research and study of representative biological regions of the world. There are currently 47 biosphere reserves in the U.S., including Everglades and Dry Tortugas National Parks, Glacier National Park, and the New Jersey Pinelands. While the intentions of both of these programs are admirable, the United States should not participate without assurances that American sovereignty and private property rights are protected above all else. I have been deeply concerned with the erosion of U.S. sovereignty by various international agreements for some time and have grave concerns with any action by the United Nations, or any other body, that would infringe upon private property rights. The American Land Sovereignty Protection Act aims to protect the sovereignty of the U.S. and the rights of private property owners by requiring congressional approval before any area within the borders of the United States is made a part of an international land reserve. In so doing, this bill asserts the constitutional power of Congress to exercise its right and responsibility to preserve and protect the rights of individual property owners, and create laws that govern lands belonging to the United States. Given that inclusion of an area into one of these programs could cause an adverse impact on the value or use of private property in the area and on the local and regional economy, the legislation also requires that any nominations made to these two programs undergo public comment. Additionally, I will be giving full consideration to adding a provision that will allow States, local governments, or private property owners a veto right over any nomination. I look forward to exploring this possibility as the legislation moves through the Senate. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I congratulate Mrs. Jude Lilly for receiving the Wildwood Programs Volunteer of the Year Award. Jude has worked for Wildwood programs for more than fourteen years. In that time she has selflessly dedicated herself to help enable children and adults with neurologically-based learning disabilities, autism, and other developmental disorders to lead independent, productive and fulfilling lives. The presentation of this award recognizes Jude for all that she does outside of the office as a volunteer. Two years ago she began the Pet Therapy Program. The program involves disabled young adults taking dogs to nursing homes to visit with senior citizens. As the creator of the program, Jude has created a means by which these young adults can give back to their community. The program brings immense value to all parties involved as they benefit from the time they spend with one another. Jude's hard work is a tribute to her profession. Her ability, dedication, and desire to serve all members of the community is commendable. It is an honor and a privilege for me to congratulate her for receiving this award.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I honor a veteran of the radio broadcast industry, Mr. Mike Martel. He will be sorely missed on the ``WOKQ Morning Waking Crew.'' As a Dover native, Mike has been in the New Hampshire broadcasting field for 30 years. The WOKQ morning show has received two nominations in as many years from the Country Music Association in the small market category for best on air personalities. The award winning WOKQ is heard daily in New Hampshire, Maine, Massachusetts, Vermont and Canada. Mike's witty humor and sense for broadcasting lead him to the creation of the wildly famous ``Joke du Jour.'' Mike's program is at the top of my list for radio listening; the great music and great conversation make for a favorite. The airwaves of New Hampshire will never be the same without Mike. After retiring on May 31 this year, Mike plans on spending more time with his wife Joanne and will continue serving the community by volunteering for local charities and organizations. It is truly an honor to serve Mike Martel in the U.S. Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I honor the ingenuity of the ten member biology team from Moultonborough Academy upon wining the national portion of a three-part competition in the ``Future Car Congress'' event. The direction these students are taking is exactly what is needed to ensure the conservation of our environment. These new forms of fuel that are being developed will be in high demand in the near future. These 10 bright students are following and perhaps even forging the future of fuel technology. The pressing issues that face us as a civilization will be drastically and positively affected by the advancements from young people like these. It is a wonderful thing to see students working so diligently on projects that have the potential to benefit all of humanity. I commend these young people on a great accomplishment and encourage them to continue in their pursuit of a better technology. It is an honor representing Michelle Merritz, Jackie Carr, Kristen Berry, Christine Adamczyk, Sarah Nelson, MaryAnn Remson, Jeff Pelligrino, Bryan Burbank, Casey Doyle, Katelyn Adams, and teacher Dave Severance in the U.S. Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I pay tribute to Major Maurice Dinnerman for his service in the United States Armed Forces. The Major's bravery and dedication to this country are examples of his exemplary character and worthiness for recognition. For his outstanding service in the Army, from January 10, 1942 until February 4, 1946, Major Dinnerman will be receiving the Asiatic-Pacific Campaign Medal with one bronze star, World War II Victory Medal, Philippine Liberation Ribbon, and Honorable Service Lapel Button. It is doubtless that without the efforts of men like Major Dinnerman Americans would be living a vastly different life. The dedication and heroism displayed is a small indication of the character of this man. We, as a nation, are indebted to Major Dinnerman. We enjoy many freedoms and an enriching life because of the sacrifices he made. It is seldom that we take the time to honor these forgotten heroes. America is what it is today because of the bravery of this man. It is my distinct honor and privilege to thank and commend Major Maurice Dinnerman on his many accomplishments in serving the U.S. Army.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I pay tribute to Philip J. Plourde, a veteran of the United States Armed Forces. His outstanding service is what has provided Americans with the freedom we now enjoy. While serving in the U.S. Army, Mr. Plourde received a certificate of recognition for his service during the Cold War. His dedication to the freedom and protection of our nation deserves the praise of every person in the U.S. Giving of himself for the benefit of those he never met is only an indication of his exemplary character. It is seldom that we take the time to thank and honor those who serve us. Without the heroism and selflessness of Plourde and others like him Americans would be living very differently today. We live today because of his service then. The time is long past to individually honor this man. I commend Mr. Philip J. Plourde on his many achievements in receiving the Good Conduct Medal, Sharpshooter Badge with Carbine, and Marksman Badge with Rifle. Thank you Mr. Plourde, with heartfelt appreciation for your personal sacrifice in the U.S. Armed Services. It is a great honor to represent you in the U.S. Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I honor Staff Sergeant Joseph Edward Schullery for his bravery and sacrifice of his own life in the Pacific Theater. His offering of life is more than anyone can ask of another human being. Making the ultimate sacrifice to die for his country Staff Sergeant Schullery is a man worthy of the greatest honor. Serving from October 6, 1941 to July 11, 1945, Staff Sergeant Schullery's sister will be receiving a certificate of Service, a copy of the American Battle Monuments, and a list of casualties on behalf of her fallen brother. The outstanding conduct and character Staff Sergeant Schullery displayed is recognized with a Purple Heart, Good Conduct Medal, American Defense Service Medal, Asiatic-Pacific Campaign Medal with one bronze service star, World War II Victory Medal, and Honorable Service Lapel Button. There is no doubt in my mind that Americans would be living a vastly different life had it not been for men like Staff Sergeant Schullery. The nation honors and thanks this man for making a positive impact on the lives of so many Americans. It is doubtless that the suffering he endured was purely for our gain. It is my honor to have the privilege to commend and thank Staff Sergeant Joseph Schullery for his outstanding sacrifice on behalf of all Americans.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I pay tribute to the outstanding successes of the recipients of the New Hampshire Excellence in Education Awards. This annual event, which began in 1994, recognizes the hard work of teachers from throughout the State. This serves as one of the largest ceremonies acknowledging the positive difference these professionals are making in the lives of students. Praiseworthy public schools, programs, and educators are used as incentives for others. These individuals demonstrate their worthiness in six areas: curriculum, teaching/learning process, student achievement, community/parental involvement, leadership/decision- making, and climate. Teachers with these qualities are exactly what is needed to guide our youth today. With the attitude and hard work brought to the table by these individuals I am confident that they will provide the best education possible lending to a spectacular future for our children. It is an honor and privilege to serve these individuals in the United States Senate. I commend the following recipients: Art Educator of the Year--Trina Wick-Patnaude; NH Business Education Association Achievement Award-- Patricia Tucker; Middle School Principal of the Year--Linda Raines; Elementary School Principal of the Year--Kenneth Williams; Assistant Principal of the Year--Carol Mack; NH Teacher of the Year--Nancy B. Molver; NH Technology Education Association Teacher of the Year--Mark Romano; NH Technology Education Assoc. Program Excellence Award--Hudson Memorial School; NH Association of World Languages Teacher of Excellence Award--Peter L. Lallberte; NH School Nurse of the Year-- Maureen Krustapentus; Treat Award--Katherine R. Morgan; Christa McAuliffe Sabbatical Award--Katherine R. Morgan; NH Education Media Association Service Award--Nancy J. Keane; Driver Education Teachers' Association Teacher of the Year--Thomas Alello; NH School Psychologist of the Year--Barbara Cascadden; D.A.R.E. Officer of the Year--Ronald W. Ketchle; D.A.R.E. Officer of the Year--Howard J. Beaudry, Jr.; NH Assn. of School Administrators Outstanding Service Award-Mark R. Masterson; Superintendent of the Year--Darrell J. Lockwood; English Teacher of the Year--Mark Holding. NH Environmental Teachers of the Year: Elementary Level--Constance Roberge; Secondary Level--Kathe Cusson; Informal Science Category-- Sandra W. Martin. Presidential Award for Excellence in Mathematics: Elementary Level-- Catherine A. Stavenger; Secondary Level--Catherine Brownrigg Burns. Presidential Award for Excellence in Science: Secondary Level--Diane B. Savage. NH Council for the Social Studies: Elementary Level--Susan M. Frost; Secondary Level--Theodore R. Miller; NH School Counselor of the Year-- Allan LaFleur; NH Assoc. for Supervision & Curriculum Development Award--Mary Elizabeth McNeil; NH School Board Association School Board Excellence Award--Laconia School Board; Special Education Administrator of the Year--Colleen Bovi; Distinguished Music Educator of the Year-- Benjamin Greene; Distinguished Music Educator of the Year--Carole Blake; Educator of the Gifted Award--Francia Barksdale; Pat Keyes Technology Educator of the Year--Joshua Gajowski; NH Society for Technology in Education Impact Award--Daniel F. Hudkins; NH Elementary School of Excellence Award--Belmont Elementary School; NH Middle School of Excellence Award--Merricmack Valley Middle School; NH Secondary School of Excellence Award--Hillsboro-Deering High School.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, today I pay a very deserved tribute to Veteran James Costa for his service in the U.S. Army. The courage and bravery shown in the face of battle exemplify the spirit of a true American hero. James Costa entered the service in July of 1943 and fought in the Asiatic Pacific Theater where he was wounded in the line of duty by Japanese rifle fire while sweeping caves. His heroic service was concluded in January of 1946 at the conclusion of the war. The freedom Costa gave while defending his country is commendable and worthy of praise. It is doubtless that the sacrifices he made changed the outcome of the war and the future of the world. Veteran Costa received many awards while serving in the Armed Forces including a Combat Infantry Badge, Purple Heart, Bronze Star, American Defense, American Campaign, Asiatic Pacific Campaign, World War II Victory Medal, Sharpshooter Badge with Rifle, and Good Conduct to name just a few. Although many years removed from service, Costa still remains active in the support of his fellow comrades as seen by his life membership in the Disabled American Veterans, Veterans of Foreign Wars, and past Commander of Post 31 Penacook American Legion. I commend Veteran James Costa on his selfless service in the United States Army and on his bravery during a Japanese attack in which he was wounded. America is indebted to you and your family. It is truly an honor to serve you in the U.S. Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I'd like to talk about an issue of vital importance to the people of the United States. Is our government doing absolutely everything in its power to prevent another occurrence such as the one on September 11, where our own airplanes, full of innocent men, women, and children, were hijacked and turned into guided missiles, killing thousands? We have taken many steps to prevent this from happening again, such as increased security checks and reinforcing cockpit doors. But for some reason we hesitate to take the additional step of ensuring our aircrews have the ability as well to guard against the terrorist threat. Today, I am proud to represent a bipartisan coalition including Senator Zell Miller, Senator Conrad Burns, Senator Frank Murkowski, Senator Jim Bunning, and Senator Strom Thurmond in introducing the Arming Pilots Against Terrorism and Cabin Defense Act of 2002. Armed pilots are our first line of deterrence and the last line of defense to protect an aircraft from terrorist takeover. Trained Flight Attendants are an important part of an integrated, layered strategy to fight terrorists from the cabin to the cockpit. Flight Attendants need more training to defend themselves and the American people from future contemplated acts of terrorism. This legislation sets up a voluntary program to train and deputize pilots in the proper use of a firearm. The bill further repeals the authority of the Undersecretary for Transportation Security to block armed pilots. The Senate passed legislation as part of the aviation and Transportation Security bill to authorize a pilot ``to carry a firearm into the cockpit if--(1) the Undersecretary of Transportation for Security Approves.'' For some reason, the Undersecretary has not approved this measure. It is time to mandate a program to train and arm pilots now. Section 3 of the bill addresses the concerns of our Nation's Flight Attendants. The bill sets up detailed requirements and training which will prepare Flight Attendants for potential threat conditions. The bill further sets up a new Aviation Crewmember Self-Defense Division at the Department of Transportation to aid in the training of Flight Attendants. The bill mandates the development and fielding of a wireless communications device system so the pilots may communicate with flight attendants discreetly. Finally, the Transportation Security Administration is required to study the issue of less than lethal weapons for Flight Attendants. The opponents of armed pilots argue that firearms are too dangerous to be used in airplanes. Federal Air Marshals are armed with guns and they sit in the passenger cabin of commercial airliners. We should not prevent the pilots who are separated from the passengers by a reinforced cockpit door, and again, serve as the last line of defense, from being armed. It is time to establish and implement a comprehensive training program, and arm pilots immediately after its completion. Pilots have told me that a stun guns or a tazer is not the answer. Those two tools are a good supplement for a firearm, but they are not a replacement. Again, if firearms are good enough for the Federal Air Marshals, they are good enough for our Nation's pilots. An Air Force fighter jet shooting down a commercial airline full of passengers is a scary and unthinkable prospect. Armed pilots are a reasonable alternative to an Air Force Pilot shooting down a commercial airliner. I disagree with the Undersecretary for Transportation Security that a reinforced cockpit door and armed Federal Air Marshals are the final answer. I believe that armed pilots and trained Flight Attendants give this Nation an integrated system to fight hijackers. Pilots working together with Flight Attendants are the best method to thwart the will of terrorists. Armed Pilots and trained Flight Attendants need to be given the tools to stop those who would use commercial aircraft to again attack at the heart of the United States of America. Flight Attendants were executed on September 11 by terrorists. Giving Flight Attendants the training contained in the bill is the least we can do for these brave individuals. Don't forget that Flight Attendants were specifically targeted by the terrorists and this bill will help flight attendants to have a fighting chance. This is an important and necessary tool in the war against terrorists. Please support and co-sponsor the Arming Pilots Against Terrorism and Cabin Defense Act of 2002. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I'd like to talk about an issue of vital importance to the people of the United States. Is our government doing absolutely everything in its power to prevent another occurrence such as the one on September 11, where our own airplanes, full of innocent men, women, and children, were hijacked and turned into guided missiles, killing thousands? We have taken many steps to prevent this from happening again, such as increased security checks and reinforcing cockpit doors. But for some reason we hesitate to take the additional step of ensuring our aircrews have the ability as well to guard against the terrorist threat. Today, I am proud to represent a bipartisan coalition including Senator Zell Miller, Senator Conrad Burns, Senator Frank Murkowski, Senator Jim Bunning, and Senator Strom Thurmond in introducing the Arming Pilots Against Terrorism and Cabin Defense Act of 2002. Armed pilots are our first line of deterrence and the last line of defense to protect an aircraft from terrorist takeover. Trained Flight Attendants are an important part of an integrated, layered strategy to fight terrorists from the cabin to the cockpit. Flight Attendants need more training to defend themselves and the American people from future contemplated acts of terrorism. This legislation sets up a voluntary program to train and deputize pilots in the proper use of a firearm. The bill further repeals the authority of the Undersecretary for Transportation Security to block armed pilots. The Senate passed legislation as part of the aviation and Transportation Security bill to authorize a pilot ``to carry a firearm into the cockpit if--(1) the Undersecretary of Transportation for Security Approves.'' For some reason, the Undersecretary has not approved this measure. It is time to mandate a program to train and arm pilots now. Section 3 of the bill addresses the concerns of our Nation's Flight Attendants. The bill sets up detailed requirements and training which will prepare Flight Attendants for potential threat conditions. The bill further sets up a new Aviation Crewmember Self-Defense Division at the Department of Transportation to aid in the training of Flight Attendants. The bill mandates the development and fielding of a wireless communications device system so the pilots may communicate with flight attendants discreetly. Finally, the Transportation Security Administration is required to study the issue of less than lethal weapons for Flight Attendants. The opponents of armed pilots argue that firearms are too dangerous to be used in airplanes. Federal Air Marshals are armed with guns and they sit in the passenger cabin of commercial airliners. We should not prevent the pilots who are separated from the passengers by a reinforced cockpit door, and again, serve as the last line of defense, from being armed. It is time to establish and implement a comprehensive training program, and arm pilots immediately after its completion. Pilots have told me that a stun guns or a tazer is not the answer. Those two tools are a good supplement for a firearm, but they are not a replacement. Again, if firearms are good enough for the Federal Air Marshals, they are good enough for our Nation's pilots. An Air Force fighter jet shooting down a commercial airline full of passengers is a scary and unthinkable prospect. Armed pilots are a reasonable alternative to an Air Force Pilot shooting down a commercial airliner. I disagree with the Undersecretary for Transportation Security that a reinforced cockpit door and armed Federal Air Marshals are the final answer. I believe that armed pilots and trained Flight Attendants give this Nation an integrated system to fight hijackers. Pilots working together with Flight Attendants are the best method to thwart the will of terrorists. Armed Pilots and trained Flight Attendants need to be given the tools to stop those who would use commercial aircraft to again attack at the heart of the United States of America. Flight Attendants were executed on September 11 by terrorists. Giving Flight Attendants the training contained in the bill is the least we can do for these brave individuals. Don't forget that Flight Attendants were specifically targeted by the terrorists and this bill will help flight attendants to have a fighting chance. This is an important and necessary tool in the war against terrorists. Please support and co-sponsor the Arming Pilots Against Terrorism and Cabin Defense Act of 2002. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to congratulate Mrs. Jude Lilly for receiving the Wildwood Programs Volunteer of the Year Award. Jude has worked for Wildwood programs for more than fourteen years. In that time she has selflessly dedicated herself to help enable children and adults with neurologically-based learning disabilities, autism, and other developmental disorders to lead independent, productive and fulfilling lives. The presentation of this award recognizes Jude for all that she does outside of the office as a volunteer. Two years ago she began the Pet Therapy Program. The program involves disabled young adults taking dogs to nursing homes to visit with senior citizens. As the creator of the program, Jude has created a means by which these young adults can give back to their community. The program brings immense value to all parties involved as they benefit from the time they spend with one another. Jude's hard work is a tribute to her profession. Her ability, dedication, and desire to serve all members of the community is commendable. It is an honor and a privilege for me to congratulate her for receiving this award.