J. Thurmond

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to pay tribute to my good friend, Dr. Lloyd John Ogilvie, for his 8 years of service as the U.S. Senate Chaplain. Dr. Lloyd John Ogilvie was born in Kenosha, WI, and graduated from the Garrett Theological Seminary and the University of Edinburgh, Scotland. After serving at churches in Illinois and Pennsylvania, he was a pastor of the First Presbyterian Church in Hollywood, CA, for over 20 years. Since 1995, Chaplain Ogilvie has served as the 61st Chaplain of the Senate. This great Nation was founded on faith in God and has been supported throughout its history by the faith and prayers of its citizens. Chaplain Ogilvie has taken part in this great tradition by his undying devotion to the Senate. Over the past 8 years, Chaplain Ogilvie has provided the Senate family with kind words and open arms. From his weekly prayer groups to his moving opening prayers, Chaplain Ogilvie has been a consistent source of inspiration and strength for the Senate family. As our Nation faced the horrific attacks on September 11, 2001, Chaplain Ogilvie helped our Senate leaders come together to help heal a wounded Nation. Today, as we continue to face possible attacks on our land, Chaplain Ogilvie provides us with the strength to continue working to uphold the ideals of this great Nation. On a more personal level, I thank Chaplain Ogilvie for the support he offered my staff and I when we lost our beloved Holly Richardson. His comforting sentiments and lending ear certainly offered us hope and a renewal of our faith. We are all thankful for his tremendous service, and he will be greatly missed by all those in the Senate. On behalf of myself, my colleagues, and our Nation, I express my sincere gratitude to Dr. Lloyd John Ogilvie for his service to the Senate. I wish his wife Mary Jane the best for a speedy return to good health, and the best of luck to his children and grandchildren. I thank Dr. Ogilvie for all his good works and for bringing the word of the Lord to so many people.

Mr. THURMOND

Mr. THURMOND. I thank the chair. (Applause, Senators rising.) The Senator from Utah.

Mr. THURMOND. Mr. President, I rise today to express my strong support for the nomination of Judge Dennis Shedd to the Fourth Circuit Court of Appeals. Judge Shedd is a man of great character who will make an outstanding addition to the Federal appellate bench. He possesses the highest sense of integrity, a thorough knowledge of the law, and a good judicial temperament. I want to assure my colleagues that Judge Shedd is committed to upholding the rights of all people under the Constitution. This fine man is truly deserving of such high honor, and he will serve the people of the Fourth Circuit with distinction. Mr. President, I ask unanimous consent that letters of support for Judge Shedd be printed in the Record.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to pay tribute to my good friend, Dr. Lloyd John Ogilvie, for his 8 years of service as the U.S. Senate Chaplain. Dr. Lloyd John Ogilvie was born in Kenosha, WI, and graduated from the Garrett Theological Seminary and the University of Edinburgh, Scotland. After serving at churches in Illinois and Pennsylvania, he was a pastor of the First Presbyterian Church in Hollywood, CA, for over 20 years. Since 1995, Chaplain Ogilvie has served as the 61st Chaplain of the Senate. This great Nation was founded on faith in God and has been supported throughout its history by the faith and prayers of its citizens. Chaplain Ogilvie has taken part in this great tradition by his undying devotion to the Senate. Over the past 8 years, Chaplain Ogilvie has provided the Senate family with kind words and open arms. From his weekly prayer groups to his moving opening prayers, Chaplain Ogilvie has been a consistent source of inspiration and strength for the Senate family. As our Nation faced the horrific attacks on September 11, 2001, Chaplain Ogilvie helped our Senate leaders come together to help heal a wounded Nation. Today, as we continue to face possible attacks on our land, Chaplain Ogilvie provides us with the strength to continue working to uphold the ideals of this great Nation. On a more personal level, I thank Chaplain Ogilvie for the support he offered my staff and I when we lost our beloved Holly Richardson. His comforting sentiments and lending ear certainly offered us hope and a renewal of our faith. We are all thankful for his tremendous service, and he will be greatly missed by all those in the Senate. On behalf of myself, my colleagues, and our Nation, I express my sincere gratitude to Dr. Lloyd John Ogilvie for his service to the Senate. I wish his wife Mary Jane the best for a speedy return to good health, and the best of luck to his children and grandchildren. I thank Dr. Ogilvie for all his good works and for bringing the word of the Lord to so many people.

Mr. THURMOND

Mr. THURMOND. I thank the chair. (Applause, Senators rising.) The Senator from Utah.

Mr. THURMOND. Mr. President, I rise today to express my strong support for the nomination of Judge Dennis Shedd to the Fourth Circuit Court of Appeals. Judge Shedd is a man of great character who will make an outstanding addition to the Federal appellate bench. He possesses the highest sense of integrity, a thorough knowledge of the law, and a good judicial temperament. I want to assure my colleagues that Judge Shedd is committed to upholding the rights of all people under the Constitution. This fine man is truly deserving of such high honor, and he will serve the people of the Fourth Circuit with distinction. Mr. President, I ask unanimous consent that letters of support for Judge Shedd be printed in the Record.

Mr. THURMOND

Mr. THURMOND. Mr. President I am greatly pleased that the full Senate is considering the nomination of Judge Dennis Shedd to the United States Court of Appeals for the Fourth Circuit. Judge Shedd is a man of impeccable character who will make an outstanding addition to the Federal appellate bench. He possesses the highest sense of integrity, a thorough knowledge of the law, and a good judicial temperament. These qualifications have earned Judge Shedd widespread respect and bipartisan support in my home State of South Carolina. In addition to Republican support, Senator Ernest Hollings and State Democratic Party chairman Dick Harpootlian have endorsed his nomination. I am exceedingly proud of Dennis Shedd. He was a loyal employee of mine for 10 years and is very deserving of this high honor. Judge Shedd has been successful at every stage of his professional life and has dedicated most of his career to public service. Upon graduation from the University of South Carolina School of Law, he joined my staff and eventually served as administrative assistant. Thereafter, during my tenures as chairman and ranking member of the Judiciary Committee, he served as the committee's chief counsel and staff director. As a staff member, he gained a well-deserved reputation for honesty and hard work. Upon returning to South Carolina, Judge Shedd entered the private practice of law and also served as an adjunct law professor at the University of South Carolina. In 1990, President Bush nominated Dennis Shedd to the United States District Court for the District of South Carolina, and he has served ably for more than a decade. On numerous occasions, Judge Shedd has been given the honor of sitting on the Fourth Circuit by designation. Judge Shedd's performance on the district court has been marked by distinction. He has been assigned more than 5,000 cases during almost 12 years on the bench. Out of all these cases, he has only been reversed 37 times, resulting in a reversal rate of less than 1 percent. These numbers indicate both the skilled legal mind and the thorough preparation that he will bring to the Fourth Circuit. Judge Shedd also possesses a good judicial temperament, treating all litigants in his courtroom with dignity and respect. Unfortunately, some groups have portrayed Judge Shedd's judicial career in a negative light. I would like to take a moment to address these allegations and concerns. An examination of Judge Shedd's record indicates that he is not only fair and impartial, but personally dedicated to upholding the constitutional rights of all people. Judge Shedd has been criticized for his handling of Alley v. South Carolina, a lawsuit wherein the plaintiffs sought to remove the Confederate flag from atop the statehouse dome in Columbia, SC. The South Carolina NAACP has asserted that Judge Shedd ``made several derogatory comments about those opposing the flag, and minimized the deep racial symbolism of the Confederate flag by comparing it to the Palmetto tree, which appears in South Carolina's state flag.'' These allegations are misleading and inaccurate. A close look at the transcript of the hearing reveals that Judge Shedd made a point of saying that his comments were not meant to be disparaging. In fact, he said, ``I'm not going to denigrate the constitutional claim abut the Confederate flag.'' Furthermore, Judge Shedd never ruled on the merits of the case. Rather, he abstained to allow a claim to go forward in State court, arguably the forum better equipped to handle the issue. Additionally, it is important to note that Judge Shedd's comments about the Palmetto tree were made during his examination of the lawyer's legal argument in the case. The argument hinged on the offensive nature of the Confederate flag, and Judge Shedd pointed out that many symbols could be perceived as offensive, such as the Palmetto tree on the State flag. Judge Shedd then stated, ``I'm not determining now on whether or not the flag should be there at all. I'm just doing what--you lawyers have been with me before know, I'm exploring your legal theory.'' In this case, Judge Shedd was simply engaging in the Socratic method with the lawyers, and his words should not be twisted to insinuate any personal feelings about the propriety of flying the Confederate flag over the statehouse dome. I would like to point out the case of Vanderhoff v. John Deere, the one case involving the Confederate flag in which Judge Shedd did rule. In that case, an employee was fired because he refused to comply with company policy and remove the Confederate flag from his toolbox. The employee sued under title VII, a statute designed to prohibit workplace discrimination based on race, sex, religion, and national origin. He argued that his national origin was a ``Confederate Southern American'' and that he had been the subject of discrimination. Judge Shedd rejected this argument and dismissed the plaintiff's claim. Thus, on the one Confederate flag case where he ruled on the merits, Judge Shedd's decision went against a flag proponent. In recent weeks, Judge Shedd has been the subject of vicious attacks based on his handling of employment discrimination cases. Over and over again, we have head the accusation that Judge Shedd shows a bias towards defendants. A review of Judge Shedd's record indicates that he has been fair to the civil rights claims of plaintiffs in his courtroom. In fact, Judge Shedd has only been reversed two times in employment discrimination cases. With such a low reversal rate, I am disappointed that some groups have insisted on attacking this fine judge. One commonly cited case is Roberts v. Defender Services, in which Judge Shedd dismissed a plaintiff's sexual harassment claim. In this case, Judge Shedd merely followed the law as established by the Supreme Court, which held in Faragher v. City of Boca Raton, 524 U.S. 775 (1998), that the work environment must be both objectively and subjectively offensive. While the plaintiff had clearly shown that the work environment was objectively offensive, Judge Shedd determined that she had not made a showing that she perceived it to be offensive. He based his determination on the fact that she had recommended the position to someone else and stated that the employer was ``a nice person'' who was ``pretty good to work for.'' These comments by the plaintiff demonstrate that Judge Shedd's decision was reasonable under the circumstances of this case. The truth is that Judge Shedd has issued rulings that have benefitted plaintiffs on numerous occasions. For example, in Miles v. Blue Cross & Blue Shield, C.A. No. 3:94-2108-19BD, an action was brought under title VII of the Civil Rights Act by an African-American employee who alleged that she was fired because of her race. There was ample evidence that the plaintiff had been subjected to racial slurs before being fired. Judge Shedd appropriately denied the defendant employer's motion for summary judgment. In another case, Davis v. South Carolina Department of Health and Environmental Control, C.A. No. 3:96-1698-19BD, an action was brought under title VII by an African-American employee who alleged that she was denied a promotion because of her race. There was evidence that an unqualified white employee had been promoted and that racially disparaging remarks had been made. Judge Shedd followed the law and denied the defendant employer's motion for summary judgment. Again in Ruff v. Whiting Metals, C.A. No. 3:98-2627-19BD and Williams v. South Carolina Department of Public Safety, C.A. No. 3:99-976-19BC, Judge Shedd denied a defendant's motion for summary judgment on race discrimination claims. In the case of Treacy v. Loftis, C.A. No. 3:92-3001-19BD, Judge Shedd, overruling a magistrate judge's recommendation, declined to grant summary judgment on a fired employee's claim of intentional infliction of emotional distress. In that case, the plaintiff claimed that her job was terminated due to her involvement in an interracial relationship. Judge Shedd, in refusing to grant summary judgment, allowed the case to go forward. There are many other cases like these. Judge Shedd's record reveals that he has upheld important rights protected by the Constitution. If elevated to the Fourth Circuit, Judge Shedd will continue to protect civil liberties. In addition to Judge Shedd's proven record of protecting civil rights, he has personally dedicated himself to providing equal opportunities for women and minorities. As an example, Judge Shedd served as chairman of the South Carolina Advisory Committee to the U.S. Commission on Civil Rights. He also played an instrumental role in the selection of Margaret Seymour as the first female African-American U.S. magistrate judge in the district of South Carolina. When Judge Seymour was nominated by President Clinton to the district court, Judge Shedd fully supported her nomination. Furthermore, Judge Shedd has hired both African-American and female law clerks. I would like to turn to another accusation that has been leveled against Judge Shedd. He has been accused of espousing an unreasonably narrow interpretation of congressional power based on his decision in Condon v. Reno, 972 F.Supp. 977 (1997), in which he struck down the Driver's Privacy Protection Act. The act regulated the dissemination of State motor vehicle record information, and the State of South Carolina challenged its constitutionality. Judge Shedd ruled that under Supreme Court precedent, the act violated the 10th amendment by impermissibly commandeering State governments, forcing them to regulate in a specific fashion. The Fourth Circuit upheld this decision, Condon v. Reno, 155 F.3d 453 (4th Cir. 1998), but the Supreme Court ultimately reversed. Reno v. Condon, 120 S.Ct. 666 (2000). I stress that this case was one of first impression. Given the U.S. Supreme Court opinions in New York v. United States, 505 U.S. 144 (1992), and Printz v. United States, 521 U.S. 898 (1997), Judge Shedd's ruling was entirely reasonable. In a very persuasive opinion, he compared the Drivers Privacy Protection Act with those acts invalidated in New York and Printz and found it to have similar constitutional defects. Judge Shedd was not alone in his analysis. At least one liberal commentator, Erwin Chemerinsky, concluded that the Supreme Court's distinction of the Drivers Privacy Protection Act from the statutes struck down in New York and Printz was unconvincing. While Chemerinsky agreed with the final outcome of the case, he has argued that the Supreme Court should have overruled both New York and Printz in order to reach its decision in Reno. Professor Chemerinsky's argument lends support to the proposition that Judge Shedd, in striking down the statute, was correct in his interpretation of the law at that time. In addition, of the 16 lower Federal court judges who considered the constitutionality of DPPA, 8 determined that the statute was unconstitutional. In short, there is nothing to indicate that Judge Shedd's decision in this case was out of the mainstream. Another case that has been cited is Crosby v. U.S., in which Judge Shedd held that the plaintiff's claim under the Family and Medical Leave Act was barred by the 11th amendment to the Constitution. Judge Shedd's detractors have argued that this case is another example of his narrow view of congressional power. However, this accusation is unfair and unwarranted. In this case, Judge Shedd sought to follow the law as established by the Supreme Court. He was not attempting to make new law, but was instead seeking to apply the law correctly. Furthermore, Judge Shedd was not alone in his decision. Out of nine circuit courts that have considered this same question, eight have agreed with Judge Shedd. It is worth noting that Judge Roger Gregory, originally appointed by President Clinton, joined the Fourth Circuit's opinion that agreed with Judge Shedd's ruling. Judge Shedd has also been criticized as being antiplaintiff for disposing of matters sua sponte, or on his own motion. This charge is without merit for a number of reasons. First, Federal judges face enormous caseloads. If an area of the law is clear, it is completely proper for the judge to act on his own motion, helping to move litigation along and clear the dockets. Second, the law clearly allows for district court judges to consider matters without prompting from lawyers. The Supreme Court has acknowledged this, stating in Celotex Corp. v. Catrett, 830 F.2d 1308 477 U.S. 317, 326 (1986), that district courts may grant summary judgment sua sponte to a party that has not moved for summary judgment. As long as a judge is acting properly, which Judge Shedd has always done, sua sponte decisions are entirely appropriate. I have known Judge Dennis Shedd for over 24 years and can personally vouch for his integrity and high moral character. He is truly a man of knowledge, ability, and superior ethical standards. Judge Shedd will bring a wealth of trial experience to the Fourth Circuit, having handled more than 4,000 civil cases and over 900 criminal matters. In addition, he possesses unmatched legislative experience. It is no surprise that the American Bar Association gave Judge Shedd a rating of ``Well Qualified.'' I am proud to support my friend, Dennis Shedd, and I hope to see him confirmed to the United States Court of Appeals for the Fourth Circuit. I ask unanimous consent that the attached materials be printed in the Record. Dennis W. Shedd--Nominee to the Fourth Circuit Court of Appeals Background. Appointed by President George H.W. Bush to the United States District Court for South Carolina in 1990, Dennis W. Shedd has served as a federal jurist for more than a decade. In addition to his service on the District Court, he sat by designation on the Fourth Circuit Court of Appeals on several occasions. Shedd also has served on the Judicial Conference Committee of the Judicial Branch and its Subcommittee on Judicial Independence. From 1978 through 1988, Judge Shedd served in a number of different capacities in the United States Senate, including Counsel to the President Pro Tempore and Chief Counsel and Staff Director for the Senate Judiciary Committee. Judge Shedd is well-respected by members of the bench and bar in South Carolina. According to South Carolina plaintiffs' attorney Joseph Rice, ``Shedd--who came to the bench with limited trial experience--has a good understanding of day-to-day problems that affect lawyers in his courtroom. . . . He's been a straight shooter.'' Legal Times, May 14, 2001. According to the Almanac of the Federal Judiciary, attorneys said that Shedd has outstanding legal skills and an excellent judicial temperament. A few comments from South Carolina lawyers; ``You are not going to find a better judge on the bench or one that works harder.'' ``He's the best federal judge we've got.'' He gets an A all around.'' It's a great experience trying cases before him.'' ``He's polite and businesslike.'' Plaintiff lawyers commended Shedd for being even-handed; ``He has always been fair.'' ``I have no complaints about him. He's nothing if not fair.'' Almanac of the Federal Judiciary, Vol. 1, 1999. Judge Shedd would bring unmatched experience to the Fourth Circuit. He has handled more than 4,000 civil cases since taking the bench and over 900 criminal matters. In fact, no judge currently sitting on the Fourth Circuit has as much federal trial experience as Judge Shedd, and none can match his ten years of experience in the legislative branch. Shedd's record demonstrates that he is a mainstream judge with a low reversal rate. In the more than 5,000 cases Judge Shedd has handled during his twelve years on the bench, he has been reversed fewer than 40 times less than one percent). Since taking his seat on the Fourth Circuit in 2001, Judge Roger Gregory (a Democrat appointed by President Bush) has written opinions affirming several of Judge Shedd's rulings. Judge Gregory also agreed with Judge Shedd's holding in Crosby v. South Carolina Dep't of Health (case cited by Judge Shedd's opponents) that Congress did not effectively abrogate State sovereign immunity in the Family and Medical Leave Act. See Lizzi v. WMATA, 255 F.3d 128 94th Cir. 2001. Judge Shedd has been completely forthcoming with the Senate Judiciary Committee's requests for information. Earlier this year, Judge Shedd sent nearly one thousand unpublished opinions to the Committee for review immediately after Chairman Leahy requested them. Judge Shedd has continued to provide additional unpublished opinions, as well as all other information the Committee has requested regarding his rulings, opinions and judicial record generally. Judge Shedd has bi-partisan support from his home state Senators; Senators Thurmond and Hollings support his nomination. A majority of the ABA's Standing Committee on the Judiciary rated Judge Shedd ``Well Qualified.'' Democrats have called the ABA rating the ``gold standard'' for judicial nominees. Rosenberg Proutt Funk & Greenberg, LLP, Baltimore, MD, June 25, 2002. Senator Patrick Leahy, Chairman, U.S. Senate Judiciary Committee, the Dirksen Building, Washington, DC. Dear Senator Leahy: My name is Thomas W. Jones, Jr. I am an African-American attorney currently practicing as a litigation associate in Baltimore, Maryland. Upon my graduation from the University of Maryland School of Law, I had the distinct pleasure of serving as a judicial clerk for the Honorable Dennis W. Shedd (``Judge Shedd'') on the U.S. District Court for the District of South Carolina. During my eighteen months of working with Judge Shedd, I never encountered a hint of bias, in any form or fashion, regarding any aspect of judge Shedd's jurisprudence or daily activities. It is apparent to me that the allegations regarding Judge Shedd's alleged biases have been propagated by individuals without the benefit of any real, meaningful interaction with Judge Shedd, his friends or family members. I trust the accusations of bias levied against Judge Shedd will be given the short shrift they are due, and trust further that this honorable Committee will act favorably upon the pending nomination of Judge Shedd for the United States Court of Appeals for the Fourth Circuit. Thank you for your attention regarding this matter. Respectfully, Thomas W. Jones, Jr.

Mr. THURMOND

Mr. THURMOND. Mr. President, I am pleased that the Senate has confirmed Johnny Mack Brown to be United States Marshal for the District of South Carolina. Johnny Mack Brown is a man of outstanding character and is highly qualified to serve as a United States Marshal. He will serve our Nation well. Johnny Mack has over 30 years' experience in law enforcement. In 1966, he went to work for the South Carolina Department of Probation, Parole & Pardon, serving as a probation officer. From there, he joined the Thirteenth Circuit Solicitor's Office and worked as an investigator for four years. Mr. Brown's success soon provided him with opportunities to showcase his substantial leadership skills. In 1973, he became the director of the Municipal Offender Program at the Greenville City Municipal Court in Greenville, SC. From 1974 to 1976, he served as Director of the Pre- Trial Diversion Program in the Thirteenth Circuit Solicitor's Office. After his time at the Solicitor's office, Johnny Mack decided to run for office himself. He was elected in 1976 as the Sheriff of Greenville County, SC. He was subsequently re-elected five times and served a total of 24 years as Greenville's beloved sheriff. As sheriff, Johnny Mack Brown served with distinction. He proved himself to be a strong leader, and it is no wonder that he was elected to a total of six terms. There is no doubt that Johnny Mack Brown's constituents felt secure with him as their sheriff. The voters' repeated endorsement of Johnny Mack is a tribute to his skill and professionalism. During his time as sheriff, Johnny Mack contributed to the State and national law enforcement community in various ways. For example, he has written numerous articles for law enforcement publications. These writings have dealt with topics such as the professionalizing of sheriff's offices, the use of information technologies, and the implementation of community programs for crime prevention. Mr. Brown has also served in prominent leadership positions at both the state and national levels. In 1983, he served as President of the South Carolina Sheriffs' Association. Ten years later, he was elected President of the National Sheriff's Association. Johnny Mack's selection to these prestigious positions is a testament to his capacity to lead others. Johnny Mack Brown has also been the recipient of numerous awards. In 1990, the Lion's Club of Greenville awarded Johnny Mack the Distinguished Citizen Award, and in 1998, the Blue Ridge Council of the Boy Scouts of America awarded him another Distinguished Citizen Award. In 1999, the Pleasantburg Lion's Club named him as its Citizen of the Year. Johnny Mack Brown is also a 1993 recipient of the Order of the Palmetto, South Carolina's highest civilian award. Johnny Mack Brown's law enforcement credentials and his leadership skills will serve him well as United States Marshal in the District of South Carolina. He is truly a deserving man who has striven to serve the public with honor and integrity for many years. He will be a very successful United States Marshal, and I am proud to see him confirmed.

Mr. THURMOND

Mr. THURMOND. Madam President, I rise to pay tribute to Brigadier General Vorley (Mike) Rexroad, USAF (Retired), who died on October 12, 2002, after a life of distinguished service to the Military Health System, the Uniformed Services University of the Health Sciences (USUHS), and our Nation. Vorley (Mike) Rexroad, a native West Virginian born on April 6, 1915, earned his Bachelor of Arts Degree from Glenville State College, Glenville, West Virginia in 1938 and his Masters in American Government at the University of New Mexico in 1948. Mike Rexroad joined the Army Air Corps on December 9, 1941, and began 61 years of service to his Nation and dedication to military medicine. In 1944, following both air flight and commando training, Lieutenant Rexroad was assigned to the British 14th Army Headquarters in Burma. At the conclusion of World War II in 1945, Captain Rexroad led the first American task force into the prisoner of war camp in Thailand. His task force included physicians and medical corpsmen; it was during this emotion-packed time when Mike Rexroad developed his sincere appreciation for military medicine. After his release from active duty, Mike Rexroad accepted a faculty appointment at New York University, NY, however, in June of 1950, with the onset of the Korean War, Rexroad was called to active duty by the Air Force and assigned to the Office of Special Investigations/ Counterintelligence. When the war ended, Major Rexroad was selected to head one of the debriefing and interview teams for some 500 Air Force prisoners of war following their release from the North Korean prison camps. This experience reinforced Mike Rexroad's appreciation of military medicine's critical requirements for continuity and leadership. From 1955 through 1976, Mike Rexroad served as a professional staff member on Capitol Hill; he first served on the staff of Senator Dennis Chavez of New Mexico who was the chairman of the Subcommittee for the Department of Defense. Next he was selected by Senator John C. Stennis of Mississippi to serve as the senior staff member for the Subcommittee on Military Construction; and, continued to serve in that capacity for Senator Alan Bible of Nevada. From 1965 to 1976, he was appointed by Senator Mike Mansfield of Montana, Majority Leader of the Senate and chairman of the Subcommittee on Military Construction, to serve as the senior staff member for the subcommittee. Following his service in both World War II and the Korean War, his review of the medical capabilities during the Vietnam War for the U.S. Senate, and 20 years as a senior member of Senate Committee Staffs, Mike Rexroad became dedicated to preserving the lessons learned in military medicine; he concurred with Congressman F. Edward Hebert's philosophy that America needed an academic home for military medicine. In the early 1970s, Rexroad prepared documentation and memoranda for presentation to the Senate Appropriations Committee to justify the establishment of USUHS and the need for continuity and leadership in military medicine. Following the passage of Public Law 92-426, the Uniformed Services Health Professions Revitalization Act of 1972, the senior administration of USUHS worked directly with Mike Rexroad to coordinate the construction requirements for USUHS. In 1977, when closure threatened USUHS, the now-retired Mike Rexroad again volunteered to raise Congressional support for the University. At that time, no funding had been appropriated for USUHS. On March 21, 1977 due to Rexroad's intervention, the Chairman of the Select Committee on Aging, Congressman Claude Pepper, testified on behalf of USUHS and strongly endorsed the continuation of the University; the Members of the House of Representatives voted to retain USUHS with of vote of 264 to 142. The Honorable David Packard, first chairman of the USUHS Board of Regents, succinctly described Mike Rexroad's vital role in two letters to Rexroad dated July 12, 1976 and May 10, 1977: ``It is no exaggeration to say that without your assistance USUHS could and would not have been established (1976). Without your help, it is questionable whether the school would have continued to enjoy the support of the Congress (1977).'' From 1993 through 1997, Rexroad was once more called upon to raise congressional support for the University. In May of 1996, the Members of the House of Representatives once more voted on the retention of USUHS. This time, with the tremendous support and coordination of the military retired associations, the vote to retain USUHS was 343 to 82. By November of 1997, the Secretary of Defense determined that USUHS should remain open; on December 11, 2000, the Honorable William S. Cohen, the Secretary of Defense, awarded the Joint Meritorious Unit Award to the University; and, on March 22, 2001, the Honorable Donald Rumsfeld, Secretary of Defense, wrote the following to the Chair of the USUHS Board of Regents: The Department takes great pride in the fact that the USUHS graduates have become the backbone for our Military Health System. The training they receive in combat and peacetime medicine is essential to providing superior force health protection and improving the quality of life for our service members, retirees, and families. All of us in the Office of the Secretary of Defense place great emphasis on the retention of quality physicians in the military. The USUHS ensures those goals are met.'' In addition, the Association of American Medical Colleges Reporter pointed out in the December issues of both 1998 and 2001, that USUHS is the one medical school where students have been, and continue to be, trained in the medical response to weapons of mass destruction (WMD). ``Today, while the other medical schools are in the process of initiating programs and training in WMD, USUHS has been providing such education since its first School of Medicine (SOM) Class of 1980; 3,265 SOM graduates and 157 advanced practice nurses have now had this training. The USUHS SOM graduates currently represent 22 percent of the physicians on active duty in the Military Health System; thus ensuring continuity and leadership for military medicine. During his many years of support for USUHS, Mike Rexroad constantly acted upon his personal knowledge of what can go wrong when continuity and leadership are not ensured for military medicine. USUHS became a part of his overall commitment to the preservation of the hard-won knowledge of the battlefield, the absolute priorities of preventive medicine, the tremendous achievements of uniformed research, and the need for an academic home for military medicine. At the USUHS Commencement Exercises on May 15, 1998, Mike Rexroad received the Doctor of Medical Humanities, Honoris Causa; the honorary degree recognized his unfailing, consistent, and dynamic advocacy for USUHS and military medicine. Through his 87th year, there was no request from his military medical family for which he did not volunteer his time and effort; he played an essential role in making continuity and leadership a reality for military medicine. Brigadier General Vorley (Mike) Rexroad USAF, (Retired), was an extremely gifted, resourceful, and dedicated American. The citizens of our Nation have immeasurably benefitted by his splendid record of accomplishments and commitment to military medicine. I extend my deepest sympathy to his wife, Ruth Cutlip Rexroad, formerly of New Mexico; his son, Michael David Rexroad, a state prosecuting attorney in Howard County, Maryland; his daughter-in-law, Linda; and, his two grandchildren, Michael and Laurie, on their great loss.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to express my strong support for S. 1868, the National Child Protection and Volunteers for Children Improvement Act of 2002. This bill will help protect children, seniors, and the disabled by making criminal background checks more accessible to care-providing and mentoring organizations. I am pleased that the Senate has approved this important piece of legislation. In May of this year, S. 1868 was favorably reported by the Judiciary Committee. Since that time, Senator Biden and I have worked to refine this bill. I want to thank him for his tireless efforts to improve this legislation. We have produced a bill that will greatly improve the background check process, thereby reducing the possibility that dangerous individuals will interact with children and other vulnerable people. S. 1868 is critically necessary because of the serious problems that plague the current scheme for conducting background checks. The current system is governed primarily by the National Child Protection Act of 1993, NCPA, and the Volunteers for Children Act, VCA. These Acts were designed to encourage states to develop background check procedures for volunteers and employees who interact with children. In addition, the Violent Crime Control and Law Enforcement Act of 1994 expanded the reach of the NCPA to the elderly and those with disabilities. While these Acts were significant milestones, we have learned that the process must be improved. First of all, many states are returning background checks after significant time has passed. In 1998, the FBI's Criminal Justice Information Services, CJIS, Division performed a study on the amount of time it took states to process fingerprint checks. The results were troublesome. On average, it took states an average of 117.6 days to perform a state check and forward the fingerprint to the FBI for a national check. This time lag is obviously a problem for organizations that rely heavily on volunteers. Additionally, some states charge very high prices for background checks. Organizations that have a large number of volunteers are often forced to spend a lot of money on these checks. In addition to discouraging volunteerism, the high costs dissuade organizations from performing background checks on their volunteers and employees. S. 1868 helps to solve these problems by making background checks under the NCPA more readily available. As amended, S. 1868 permits the states to retain their crucial role in performing background checks, but also provides a role for the Federal government. If a state complies with the NCPA, returns background checks in a timely fashion, and charges no more than $18, the state will remain the sole government entity that can perform a background check in that jurisdiction. However, it a states does not develop a qualifying program within a year of enactment, care-providing and mentoring organizations in that state will have the option of requesting background checks directly from the Federal government. This bill would create an office within the Department of Justice that would receive requests for background checks. The results of background checks would then be returned to the entities, enabling them to make informed decisions. The office would also be required to develop model standards to guide entities in making fitness determinations. I would like to point out that some states may have established qualified state programs in some areas but not in other areas. This legislation does nothing to prevent the Attorney General from designating a state as having a qualified program for some NCPA purposes, but not for others. Therefore, if background checks are performed adequately for those who work with the elderly, but not for those who work in other areas, the Attorney General would have the authority to designate a qualified state program for the particular purpose of working with the elderly. Senator Biden and I have developed a good bill. We have streamlined this legislation and removed many of the provisions objected to by the Department of Justice. We have developed a background check scheme that will preserve the role of the states in the background check process. We have also provided organizations with the ability to ask the Federal government for a background check if the state fails to develop an adequate system. This bill is important for the well-being of our children and is a proper use of Federal resources. The Congress should use all reasonable means to ensure that criminals do not have access to children, seniors, and the disabled. I am proud to support this legislation, and I am pleased that the Senate has approved these significant protections for the most vulnerable in our society.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to pay tribute to my longtime colleague from my neighboring State of North Carolina, Senator Jesse Helms. It has been my honor and great privilege to have worked so closely with this fine Senator for the past thirty years. Senator Helms has been one of the great Senate leaders of the 20th century. After serving in the United States Navy during World War II, Senator Helms went on to have an illustrious career in journalism. He began his reporting career as the city editor of The Raleigh News and later served as the editor of the Tarheel Banker, which became the largest State banking publication in our Nation. During his many years of reporting and as a top Executive at Capitol Broadcasting Company, his editorials appeared in more than 200 newspapers and more than 70 radio stations in North Carolina. During these years, he also served on the Raleigh City Council. In 1972, Jesse ran for the Senate. It was my privilege to campaign throughout the State with him, forging a friendship which I treasure. Since his election, Senator Helms has served our Nation with nothing but class, integrity, and honesty. During his five terms in the United States Senate, his service has been marked by countless significant achievements for our great Nation. Admired and respected by both parties, he truly embodies the qualities of a superior statesman. Senator Helms is to be applauded for his work on the Committee of Agriculture, Nutrition, and Forestry, the Rules and Administration Committee, and for his work as Chairman and now ranking Minority member of the Committee on Foreign Relations. His numerous awards reflect the many and varied contributions he has made to the Senate and to his State. He was the first Republican to receive the Golden Gavel for presiding over the Senate more than 117 hours in 1973. Along with others, he holds the Gold Medal of Merit from the Veterans of Foreign Wars and on three occasions was named the Most Admired Conservative in Congress by Readers Digest. I would also like to note Senator Helms has received the Guardian of Small Business Award and the Watchdog of the Treasury Award every year since his 1973 election. Jesse certainly represents the qualities of a true southern gentleman. He is a loving husband, father, and grandfather, a devout Baptist, and an individual who would stop at nothing to help his fellow North Carolinians. His wife, Dot, is a lady of grace and charm. They are an admirable couple and a wonderful example for others to follow. For thirty years, the tireless Senator Helms has carried out his duties as United States Senator with the utmost sense of honor. His dedicated service to our Nation has set an example for all to follow, and I have been privileged to have served with such an esteemed individual. It is because of leaders like Senator Helms that our Nation is the greatest in the world. As the 107th Congress pays tribute and says farewell to one of the greatest Senators of all time, I say thank you to my colleague and my close friend. Again, I congratulate Jesse on his lengthy and distinguished career and thank him for the friendship we have enjoyed during our many years working together. On behalf of myself, my colleagues, and a most grateful Nation, I express my gratitude for his outstanding service to the United States Senate. I wish him, his lovely wife Dot, three children, Jane, Nancy, and Charles, and his seven grandchildren the best of luck and continued health and happiness in the years to come.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to pay tribute to my good friend Sheila C. Joy for her devoted service to the United States Department of Justice. Sheila C. Joy was born in Springfield, MA, and graduated from the University of Massachusetts. After two years of civilian service in the United States Air Force, Mrs. Joy began her career with the United States Department of Justice. Beginning as a Staff Assistant, she successfully worked through the ranks and is presently a program manager responsible for reviewing judicial appointments in the Office of Policy Development. she has made great strides to ensure United States judges are fairly appointed to the bench, and I am honored to have had the opportunity to work so closely with here. The Department of Justice is a better organization because of Mrs. Joy's hard work, and she can take great pride in all she has accomplished during her tenure. She is to be commended for her integrity, dedication, and fairness in reviewing judicial appointments. Mrs. Joy has been an outstanding model of excellence to the numerous men and women she has worked with during her thirty five years with the Department of Justice, and I am certain she will continue to set a fine example for others to follow as she continues her career. She is an excellent asset to the American justice system, and I applaud her for the positive impact she had made. It has been a privilege to have worked with such an outstanding lady. Again, I want to thank Mrs. Joy for all of her tireless efforts and for the friendship she has provided me during our many years of working together. I wish Mrs. Joy and her three lovely children the best of luck in all future endeavors, and may the years to come bring good health and happiness.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to express my outrage at yesterday's proceedings in the Judiciary Committee. In an unprecedented move, Chairman Leahy violated committee rules and removed the nomination of Judge Dennis Shedd from the agenda. On a procedural vote, the committee refused to consider Judge Shedd's nomination. I am hurt and disappointed by this egregious act of destructive politics. Chairman Leahy assured me on numerous occasions that Judge Shedd would be given a vote. I took him at his word. Dennis Shedd is a fine judge who has received a rating of well qualified by the American Bar Association. President Bush nominated him to the Fourth Circuit Court of Appeals on May 9, 2001, but his hearing did not take place until June 27 of this year. Since that time, he has answered all questions asked of him. For over 17 months, I have waited patiently. On July 31, Chairman Leahy stated publicly before the Judiciary Committee that we had reached a solution regarding Judge Shedd that would be satisfactory. The chairman's recent actions are not only unsatisfactory, but they are unacceptable. In my 48 years in the Senate, I have never been treated in such a manner. Mr. President, I hope this situation will be corrected and that Judge Shedd will soon be confirmed as a judge on the Fourth Circuit Court of Appeals. Several Senators addressed the Chair.

Mr. THURMOND

Mr. THURMOND. Mr. President, early this morning, I lost one of my closest friends and staff members, Holly Johnston Richardson, who succumbed after a difficult battle with cancer. For nearly 30 years, she was a member of my extended family in every sense of the word. She was my right hand. My trusted advisor. My vital link to literally thousands of South Carolina friends, constituents, and family members. But more than anything else, Mr. President, Holly Richardson was one of my dearest friends, and I will miss her more than words can convey. To her husband, Phil, to her two wonderful children, Anne and Emmett, and to Holly's mother and father, Joanne and Coy Johnston of Summerville, South Carolina. I extend my heartfelt sympathies. I know my colleagues--so many of whom knew Holly very well--join me in expressing their support and offering their prayers during this very difficult time. But it is Holly Richardson's life, and the courage she demonstrated throughout her illness, that is most on my mind today. I know I speak for everyone who knew and loved Holly as I did in saying that we deeply mourn her passing, and yet celebrate her wonderful life, a life dedicated to God, to her family, to her fellow man, and to her State and Nation. Like all trusted staff members, Holly Richardson had my ear. What she probably never knew fully is that she also had my heart. On a personal level, she was--for my entire family--an unofficial ``third daughter.'' Our confidant. Our friend. Our partner in so many aspects of our lives. On a professional level, Holly and I were virtually inseparable. As anyone who has ever visited my Senate office knows, Holly's desk was always next to mine. We shared an office ever since she became my personal secretary in 1979. She could always be counted upon to work the longest hours, to handle the toughest jobs, and to render evenhanded advice and counsel. In fact, it was Holly who quietly bragged that she had broken in more than eight chiefs of staffs, five or six office press secretaries, eight committee chief counsels, and literally hundreds of staff assistants, aides and interns. She was, of course, correct. Holly was ``the standard'' when it came to professionalism, hard work, integrity and public service in a United States Senate office. It is not an exaggeration to say that ``everyone'' knew Holly. Whether you were from South Carolina, or were a Washington, D.C. fixture, if you were around politics, you knew, and you came to love, Holly Richardson. From Presidents and First Ladies, to Senators and their spouses, to everyday working men and women who would call my office, Holly was beloved at every level of life. Single-minded. Fiercely independent. Loyal and dedicated. She had the personal qualities that define what President Theodore Roosevelt once called the ``courageous life.'' But it was not until she was diagnosed with breast cancer less than a year ago, that people came to see just how courageous an individual Holly Richardson actually was. Holly never wore her illness on her sleeve. She never asked you to feel sorry for her, share her burden, or wallow in her pity. In fact, few people outside of the office even knew Holly was sick. The reason was, of course, that she didn't feel sorry for herself. Holly summoned the courage of a warrior to fight her disease. And with quiet dignity and the help of the Almighty, she fought as bravely as any soldier I have ever known. Her dedication to work, and to the people of South Carolina--whom she considered her ``real bosses''--paled only to her devotion as a wife and a mother. Holly always made time for what was truly important in life. She and her husband Phil together built a loving home and were blessed with two wonderful children. She was an active member of her parish, Saint Paul's Episcopal Church, in Virginia, and managed to make time to be scout helper, soccer Mom and, above all, role model. Holly's life was truly a gift, which she shared without reservation with everyone she knew and loved. That gift now lives on in all of us-- for she inspired our lives, strengthened our spirits, and touched our hearts.

Mr. THURMOND

Mr. THURMOND. Finally, I express my deepest appreciation to my entire family for their love and support, especially my children. Strom, Julie, Paul, and my beloved daughter, the late Nancy Moore, have been the joy of my life. I thank them for their sacrifices and devotion. Mr. President, no matter which side of the aisle we occupy, regardless of the issues that may divide us, and despite any political differences we may have, all of us ran for office and fought to stay here because we want to serve and make a difference. There is no more noble calling than public service, and no more rewarding place to serve than the U.S. Senate. This is truly one of the most unique and special institutions in the world and the opportunity to serve in this body is a rare privilege and one which I think all of us value equally. In my public service career, I have served in many different capacities and at every level of government, but none has been more meaningful or gratifying than the time I have spent as the Senator from South Carolina. When I graduated from Clemson College in 1923, my father gave me a paper entitled ``Advice'' which I have always proudly displayed in my Senate office and after which I have always tried to pattern my life. The advice which my father gave me, and which I pass on to others follows: Remember your God; Take good care of your body and tax your nervous system as little as possible; Obey the laws of the land; Be strictly honest; Associate with only the best people, morally and intellectually; Think 3 times before you act once, and if you are in doubt, don't act at all; Be prompt on your job to the minute; Read at every spare chance and think over and try to remember what you have read; Do not forget that ``skill and integrity'' are the keys to success. Mr. President, I leave you, and my friends, with my father's universal advice and add the following: Always respect and appreciate your tenure in the world's greatest deliberative body; do your absolute best to serve this Nation with honor and decorum; and strive to keep the U.S. Senate the proud, historic and distinguished body of government it has been since the birth of this blessed Nation. As I close out my public service career, I again thank my constituents, my colleagues, my staff and my family. May God bless each of you, the U.S. Senate, and God bless the United States of America. I love all of you, and especially your wives. Exhibit 1 Senator Strom Thurmond Staff List Duke Short, Chief of Staff and Administrative Assistant. Holly Richardson, Executive Assistant. Mark Ivany, Personal Assistant. Eliza Edgar, Assistant to the Chief of Staff. Erin Goodin, Receptionist. Walker Clarkson, Receptionist. Press/Public Affairs Becky Fleming, Press Secretary. Emily Dorroh, Press Assistant. Records Les Sealy, Office Manager and Systems Administrator. David Black, Assistant Office Manager. Projects Bill Tuten, Projects Director. John Hawk, Projects Assistant. Kevin Smith, Projects Assistant. Michael Bozzelli, Projects Assistant. Melissa Kiracofe-Low, Projects Assistant. General Legislation David Best, Legislative Director. Ernie Coggins, Legislative Assistant. James Galyean, Legislative Assistant. Helena Mell, Legislative Correspondent. Ashley Hurt, Legislative Correspondent. Military Casework Matt Martin. Judiciary Subcommittee On The Constitution, Federalism and Property Rights Scott Frick, Chief Counsel. Melinda Koutsoumpas, Chief Clerk. Armed Services George Lauffer, Military Assistant. President Pro Tempore, Emeritus James Graham, Staff Assistant. Thurmond State Offices Columbia: Warren Abernathy, State Director; Jeanie Rhyne; Valerie Gaines; Lind Morris; Michelle Quinn; and Christie Humphries. Aiken: Elizabeth McFarland. Charleston: Patricia Rones-Sykes. Florence: Raleigh Ward and Kathryn Hook (Volunteer).

Mr. THURMOND. Mr. President, I am surely honored by the generous remarks of my colleagues, Senator Daschle, Senator Lott, Senator Hollings, Senator Byrd, Senator Stevens, Senator Hutchison, Senator Allard, Senator Specter, Senator Allen, Senator McConnell, and all others. It is hard for me to believe that it was about 80 years ago that I began my professional career. Beginning as a school teacher and coach, I have enjoyed public service as a County Superintendent of Education, attorney, State Senator, State Circuit Judge, military officer, Governor, and Senator. While I have enjoyed each and every job I have held over the years, there is no job I have treasured more than serving as a U.S. Senator. I am proud to be a member of this remarkable legislative body and have been blessed to observe nearly a half-century of our Nation's history from within this chamber. I still recall the cold Christmas Eve, December 24, 1954, when I was sworn in by then Vice-President Richard Nixon, with my late wife, Jean, by my side. I came to Washington with one priority--to serve this Nation and my fellow South Carolinians with integrity and to the best of my ability. As I now enter the final days of my Senate career, with nearly 48 years of Senate service, I trust I have accomplished that objective. The U.S. Senate is a special institution in many respects. The six- year term assures that there is the stability within this chamber which allows the Senate to be a deliberative body. The great history of this body reflects the great issues of American History. Here we have debated fundamental questions regarding the status of our Union, national territorial expansion, matters of war and peace, social and economic policies affecting every individual, and many other important matters of national interest as well as local issues. Given the esteemed stature of this legislative body, it was with no small amount of humility that I moved from South Carolina to Washington so many years ago. Like every other man and woman who serves in the Senate, regardless of party affiliation or ideology, I desired to perform my duties with honor, to the best of my ability, and with a goal of making a difference in the lives of my fellow citizens. As Senators, we have many roles to perform in the discharge of our duties. There is no other job in the world that allows us to have a more direct impact on improving the lives of individuals and strengthening our Nation. Through legislation, oversight, and old- fashioned constituent service, each of us is able to help the citizens of our respective States, as well as build a Nation which is stronger and better for all who live here. The work we do here benefits millions of Americans. One cannot help but take great satisfaction and pride in such important service. As legislators we are called upon to vote on matters of local concern and national interest. I have cast over 16,300 rollcall votes as a U.S. Senator. Each vote is cast considering the concerns of my constituents and what is right for our Nation. While I have missed a few votes, I am pleased that I have been present for over 95 percent of all rollcall votes called by the Senate during my time in office. It is the floor debate and the rollcall votes that citizens most closely associate with the work of the U.S. Senate. When visitors come to the Capitol, the overwhelming majority of them visit the Senate and House Galleries to watch their Congress in action. I suspect that most Americans are less familiar with the Committee system, but as we all know, that is where a significant amount of the work of this institution is accomplished. During my Senate career, I have been privileged to serve on a number of Committees in the U.S. Senate. As a member and Chairman of the Armed Services Committee I worked hard to help build the finest military force that history has seen. On the Judiciary Committee, which I also chaired, my priorities were to safeguard the Constitution, keep the judicial branch independent and staffed with well qualified men and women, and enact sound policies to help make our communities safe. As a founding member of the Veterans' Affairs Committee I have always fought to ensure that the men and women of our Armed Forces receive the health care and benefits they deserve. On each of the Committees I served, I associated with Senators who were expert in their areas of oversight, who took their duties as Committee Members seriously, and who were exceptional legislators. One of the primary duties of a Senator is to represent and assist constituents. I consider constituent service to be the most significant aspect of my Senate career. I am pleased that my Senate office has helped hundreds of thousands of South Carolinians interact with a government bureaucracy that can sometimes be confusing, unyielding, and intimidating. As the calendar draws closer to the day that I walk out of the door of Room 217 of the Russell Senate Office Building, I know that pundits and historians will examine my career and study my service and achievements. I pray that such an examination will determine that I was a man who rendered a worthy service to the Nation and to my State. I hope I am known, above all, as a man who tried to help others. I also acknowledge that whatever I have been able to achieve, through my years of Senate service, it was largely through working closely with my colleagues. No single individual can accomplish what has to be done here without recognizing the contribution of those who served before we arrived. When I think of the South Carolinians who occupied this seat before me, I am humbled. To follow in the footsteps of such distinguished men as Pierce Butler, Charles Pinckney, Thomas Sumter, John C. Calhoun, Benjamin Tillman and many others, is indeed an honor. Likewise, much of our own success is due to the colleagues with whom we serve. This is perhaps the greatest aspect of being a Senator--to associate with such fine individuals. I have been so fortunate that in my tenure here I have had the distinction of serving with so many fine men and women. I regret that it is simply impossible to identify each and every single Senator with whom I have had the pleasure of serving. As an historical note, 1,864 men and women have served as U.S. Senators. I have had the privilege to serve with 410 of these great men and women. I have had the distinct opportunity to serve, in some instances, with more than one generation from some great families. I note there are Senators serving today whose fathers were my colleagues some years ago. I am hesitant to recognize individual colleagues, for I have enjoyed my association with every Senator, but a few stand out in my mind. My long-time colleague, Senator Hollings, has served with me for nearly 36 years. I greatly appreciate his friendship and extend my best wishes to him and his lovely wife, Peatsy. Having served on both sides of the aisle, and having presided over the Senate as President pro tempore for a number of years, I am privileged to have friends in both parties. I enjoyed my association with distinguished Senators such as Richard Russell and Herman Talmadge. Bobby Kennedy was a special Senator, whose office was across the hall from mine. I have enjoyed a long and warmhearted association with Robert Byrd and Ted Stevens. Similarly, I have a great respect for Joe Biden, with whom I serve on the Judiciary Committee. My neighbor, Jesse Helms, is a great American and a great friend. Our current Republican leader, Trent Lott, always has a kind word and a friendly greeting. I admire the many genuine heroes who have served in the Senate--men like Dan Inouye. In addition, much of the success of individual Senators and of the Senate is due to the leadership of the Senate. Distinguished statesmen like Mike Mansfield, Everett Dirksen, Hugh Scott, Howard Baker, Bob Dole, were great men who served this institution with dedication and concern for the well-being of the Senate and the Nation. As a Senator I have served with ten Presidents, from Dwight D. Eisenhower to our current capable and dedicated leader, George W. Bush. Three of those--John Kennedy, Lyndon Johnson, and Richard Nixon--were Senate colleagues. In the Supreme Court, 108 Justices have served since the formation of the Court in 1790. I am proud to have participated in the advice and consent in the confirmation of 20 of these outstanding men and women, as well as hundreds of judges in the lower courts. Mr. President, today's Senate is much different than when I first arrived. At that time there were four fewer Senators, for neither Alaska nor Hawaii had been admitted to the Union. Our friends from the ``Aloha'' and ``Last Frontier'' states did not join us until 1959. Not only were there fewer Senators, but the Senate support staff was much smaller. When I began my Senate service, I was assisted by just four attorneys and three typists. Today, I have over 35 hard-working, dedicated staff members. At the end of my first term there were about 6000 staff serving Members and Committees in the House and Senate. Today there are over 18,000 staff in personal and committee offices. An additional 13,000 staff support the Congress in various Congressional support agencies. This growth in the Senate staff, as well as the increase in the length of the Senate calendar, is a reflection of the growth of the Federal government. Both in size and in scope, the Federal government has enlarged its involvement in the life of Americans. I am not convinced, however, that this has always been in the best interest of our Nation. There have been significant physical changes to the Capitol complex. When I first arrived in Washington, the Russell Senate Office Building housed all Senators, staff, committees, and other support personnel and functions. In 1958 the Dirksen Office Building was completed, and in 1982 the Hart Office Building was finished. The Capitol building itself was enlarged during my tenure with the east front extension. That extension provided additional rooms when it was completed in 1962. As I depart, a great addition is underway with the construction of the Capitol Visitor Center. I am proud of my contribution to this effort which began in earnest just a few years ago as I served as President pro tempore and Co-Chairman of the Capitol Preservation Commission. Despite all the changes that have occurred in this institution and in our Nation, there is one constant--that has been the closeness of the Senate family. There are literally thousands of people who work quietly, outside the spotlight, to ensure this institution runs smoothly. I express my appreciation to all in the Senate who contribute to the success of every Senator and make this institution a community. This family includes the Secretary of the Senate, the Sergeant-at-Arms, the staff of those Officers, the Clerks, Doorkeepers, Capitol Hill Police, the staff of the Senate restaurants, the Attending Physician and staff, the cloakroom staff, the Chaplain's office, the Parliamentarian, the Architect of the Capitol and staff, the Librarians, staff of the Congressional Research Service and the General Accounting Office, and many others, too numerous to mention. I must also pay tribute to my own staff. A strong, competent, and capable staff is absolutely necessary to any Senator. We could not keep up with all our duties, maintain contacts with constituents, or accomplish our legislative goals without our staff. Throughout my career, I have made it a point to hire the best people I could to work in my personal office and on my committees. I have enjoyed my association with literally hundreds of bright, talented and hard- working individuals. I have enjoyed watching them mature in their personal lives and grow in their professional careers. I am proud of my staff. I ask unanimous consent that a list of my current staff be inserted in the Record following my remarks.

Mr. THURMOND

Mr. THURMOND. Thank you very much.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to recognize the visit of the President of the Kyrgyz Republic, Askar Akaev, to the United States from September 19-24, 2002. President Akaev is here at the invitation of President Bush. While in Washington, the President of the Kyrgyz Republic scheduled meetings with President George W. Bush, Vice President Richard Cheney, Secretary of State Colin Powell, and Secretary of Agriculture Ann Veneman. In addition, meetings at the United States Capitol with the Speaker of the House of Representatives Dennis Hastert, Senate Republican Leader Trent Lott, and other leaders of the Senate who have expressed an interest in Central Asia affairs were on his calendar. During his visit to New York, President Akaev addressed the General Assembly of the United Nations and met with Secretary General Kofi Annan. He also participated in a round table discussion with members of the business community. The tragic events of September 11, 2001 redefined the importance of the Kyrgyz Republic's critical location in Central Asia. It has a major role in the region's political and security framework. As an ally of the United States in central Asia, the Kyrgyz Republic opened its territory to approximately 3000 coalition troops at the height of United States operations in Afghanistan. It is significant that the coalition forces were allowed to deploy military personnel in Manas airport in the capitol city of Bishkek. Kyrgyzstan remains a host to a significant number of troops, as well as aircraft and technical support. The new political landscape created by these deployments has altered the Kyrgyz Republic's relations with its regional powers, Russia and China. At the same time, the Kyrgyz Republic is pressing ahead with economic reforms. The European Bank for Reconstruction and Development, one of the international financial institutions active in the region, concluded last year that Kyrgyzstan has successfully completed its economic structural reform program. Kyrgyzstan was the region's first nation to secure membership in the World Trade Organization, in 1998, and the first nation of the Commonwealth of Independent States to receive permanent normal trade relations with the United States. Kyrgyzstan has committed itself to a free trade model and has implemented many new initiatives through a dramatic reform of its trade, tax, and intellectual property laws. The Kyrgyz Republic was also the first country in the region to introduce a fully convertible currency, and has consistently led the way in market reforms. As a result of the tragedy on the south of Kyrgyzstan, he has also reconstituted the government to include representatives of several groups previously in opposition and has organized a Constitutional Council, also filled with opposition-minded figures, to provide further opportunities for power changing. The nation now faces its first transition of power since independence. President Akaev and his government are determined to see that this transition occurs through an election process that builds and legitimizes democratic institutions. President Askar Akaev was born on November 10, 1944 in the village of Kyzyl-Bairak, Kemin district of Kyrgyzstan in a family of farmers. In 1961, he finished secondary school with a Gold Medal. He graduated with honors from Leningrad Fine Mechanics and Optics Institute in 1967 and pursued his studies to become a Doctor of Science. Dr. Akaev started his career in 1961 as a mechanic worker. He held other positions as an engineer, senior lecturer, professor, and finally the Head of the Computer Sciences Department in Frunze Polytechnical Institute, now Bishkek Technical University. In 1984, Askar Akaev was elected a correspondent member of the Academy of Sciences of Kyrgyzstan, at the same year he became an academician. In 1986, he was appointed Head of the Department of Science and Higher Academic Institutions, Kyrgyz Communist Party's Central Committee. From 1987 until 1989, he served as the Vice President at the Kyrgyz Academy of Sciences and later became its President. In 1989, Askar Akaev was elected as a Deputy of the Supreme Council of the USSR. On October 27, 1990, the Parliament of Kyrgyzstan elected Askar Akaev as the President of the Kyrgyz Soviet Socialist Republic. At the nationwide elections on October 12, 1991, he was elected as the First President of independent nation of Kyrgyzstan. The people of Kyrgyzstan confirmed Akaev's powers at the national referendum on January 30, 1994. On December 24, 1995 the President of the Kyrgyz Republic Askar Akaev was re-elected. President Akaev announced that he will not seek reelection when his term ends in 2005. The President's spouse, Mairam Akeva, is a professor of Science on Machine Dynamics and is the head of the International Charitable Foundation of Childhood and Maternity Support. Established in 1993, this organization assists women and children with different forms of pulmonary and bronchial diseases. The Kyrgyz Republic is situated in the middle of Central Asia, at the crossroads of culture and civilizations, at the branch of the legendary Silk Road. In 1999, President Akaev authored a report called ``The Diplomacy of the Silk Road.'' His article remains timely today, given the changes that have taken place in central Asia since September 11, 2001. In conclusion, many commodities were traded on the Silk Road which stretched 5000 miles from east to west. One very important ``commodity'' in this new century is friendship. Today, the United States has a good ally and friend in that region of the world. Kyrgyzstan is indeed a partner for peace and stability in Central Asia. In this regard, I wish to congratulate President Akaev on his successful visit to the United States and wish him well with all future endeavors. I ask unanimous consent to print the article to which I referred in the Record.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today, on this somber occasion, to remember and honor the thousands of lives that were lost one year ago today in the tragic terrorist attacks on our Nation. The United States will never forget the horrific events that occurred on what began as a peaceful morning of Tuesday, September 11, 2001. The tranquility of that morning was shattered by the evil acts of terrorists, filled with hatred for our Nation and opposed to the ideals we treasure. With their terror, our Nation was plunged into one of the darkest days of our history as thousands of Americans lost mothers and fathers, brothers and sisters, sons and daughters, friends and associates. However, during this tragedy, the American spirit shined through that darkness and continues today, as a beacon to the world. It is that spirit, the willingness to expend the last full measure of one's life in service to others, that is the strength of our Nation. It is a power that grows as we are challenged. It is a force which has helped this Nation through difficult times and will see us through these times as well. On that dreadful day, the terrorists failed miserably in their attempt to weaken our Nation. Their goal was destined for failure, for America has faced adversity numeorus times before and has always emerged stronger. The acts of heroism and charity by Americans in New York City, at the Pentagon, over the skies of Pennsylvania, here in Washington and across the Nation were extraordinary but not surprising. Today, I also honor the men and women of our Armed Forces. They serve around the world defending the freedoms we enjoy and securing the liberty we cherish. I have stated many times that the highest obligation of American citizenship is to defend this country in time of need. Our citizens have accepted that obligation, some giving their all. Whether serving abroad or at home, the men and women in uniform are performing in an outstanding manner and deserve the appreciation and respect of all Americans. History will not forget the events of this day. Likewise, we must never forget the thousands of Americans to whom we pay tribute today.

Mr. THURMOND

Mr. THURMOND. Madam President, I rise today to recognize the service of my good friend John E. Collingwood, upon his retirement as the Assistant Director for the Office of Congressional and Public Affairs for the Federal Bureau of Investigation. Mr. Collingwood will retire after 27 years of exemplary service as a Special Agent of the FBI. As Mr. Collingwood enters the private sector, he leaves behind an irreplaceable legacy of dedication, integrity, and success. John Collingwood was raised in Findlay, OH, and graduated from Bowling Green University in Ohio in 1970. Mr. Collingwood then worked in the family business and went on to graduate from the University of Toledo Law School in 1975. Upon graduation, he began his career with the FBI as a Special Agent in Detroit, MI. During the following three decades, John Collingwood served the FBI in many capacities. After attending the Defense Language Institute in California, he became a Special Agent in Portland, OR. His first position at FBI Headquarters was in the Legal Research Unit of the Legal Counsel Division. He then became the Unit Chief of the Civil Litigation Program. In 1992, Mr. Collingwood was named to head the Office of Public and Congressional Affairs and became the Assistant Director in 1997. During the past three decades, Mr. Collingwood has made countless contributions to the Federal Bureau of Investigation. He can take pride in all of his accomplishments during his tenure. Mr. Collingwood is to be commended for working diligently to keep Congress informed about issues related to the FBI. Under his leadership, the Office of Public and Congressional Affairs assumed responsibilities of the Freedom of Information and Privacy Act and implemented initiatives to increase the FBI's responsiveness to the public. I would also like to congratulate him for his continuing efforts to help reshape the structure of the FBI as our Nation deals with the tragedies of September 11, The positive impact Mr. Collingwood has made on the FBI and our great Nation runs deep, and I applaud him for his leadership. During the past three decades, he has worked tirelessly to make positive changes within the agency. It is because of individuals like him, that our Nation is the greatest in the world. It has been an honor getting to work with such an outstanding leader, and I wish Mr. Collingwood, his wife Mary Ann, and his children, Stephanie and Mark, the best of luck in future endeavors. For three decades, Mr. John E. Collingwood served the Federal Government distinguishing himself as one of the hardest working leaders of our time. His professional and friendly manner will be missed by all those who have had the pleasure to work with Mr. Collingwood, but I am certain that he will continue to set a fine example for others to follow.

Mr. THURMOND

Mr. THURMOND. Madam President, I rise today in support of the amendment to establish a program to permit pilots to defend their aircraft against acts of criminal violence or air piracy. This legislation will provide a critical last line of defense to secure commercial aircraft, allowing qualified pilots to carry firearms. The legislation requires the Under Secretary of Transportation for Security to establish a program not later than 90 days after the date of enactment to deputize qualified volunteer pilots as Federal law enforcement officers to defend the cockpits of commercial aircraft in flight against acts of criminal violence or air piracy. Pilots who are deputized will be known as ``Federal Flight Deck Officers'' and will be authorized to carry a firearm and use force--including deadly force-- against an individual in defense of an aircraft. I was disappointed that the Department of Transportation initially opposed this effort. Recently the Department has indicated its support for a limited pilot program. While important steps to improve the security of our airports and protect the flying public have been taken, the tragic events of last September 11th demonstrated our enemies will stop at nothing to inflict harm on Americans and destroy our way of life. Our response must be equally as determined and resolute. We must not take half measures or engage in wishful thinking. We must not refrain from utilizing every tool we possess. We must enable those who pilot commercial passenger aircraft to defend against any threat and protect the safety of their aircraft and passengers. And finally, we must do so without further delay. This amendment properly addresses those concerns and I strongly support its passage.

Mr. THURMOND

Mr. THURMOND. Madam President, I rise to introduce a private relief bill that would provide permanent legal resident status for Hitesh Tolani and his mother, Jaya Tolani, who face voluntary removal from this country. I feel that the Tolanis' case presents a compelling need for legislative action. Hitesh Tolani, who is a scholarship student at Wofford College in Spartanburg, SC, came to the United States with his mother, Jaya, and father, Gulab, in 1984. When Hitesh arrived in this country, he was a toddler. Hitesh has a younger brother, Ravi, who was born here and is a United States citizen. The Tolanis' efforts to become United States citizens was beset by tragedy. Gulab's brother, who served as a sponsor, died during the family's efforts to become legal permanent residents. Furthermore, just days before Gulab was to interview in New York in hopes of gaining legal permanent resident status for himself and his family, he passed away. Jaya was left with no way to legalize her or Hitesh's status. In the same year in which Gulab died, Jaya was also diagnosed with breast cancer. In the midst of these difficulties, Jaya was left with very few alternatives. When Hitesh learned of his illegal status, he made the decision to turn himself into the authorities. After removal proceedings commenced, Hitesh and Jaya sought relief in the form of cancellation of removal. In order to succeed in this effort, it must be shown that the removal would result in ``exceptional and extremely unusual hardship.'' In this case, the Immigration court found that the Tolanis' case did not rise to this level of hardship. The court came to this conclusion despite the fact that Hitesh has lived the vast majority of his life in the United States and is in the middle of his college studies. If forced to leave the country, Hitesh's studies will be significantly interrupted, and he will be required to return to a land that he does not remember. Additionally, Hitesh will be placed at a social and educational disadvantage because he is not fluent in the Hindi language. During this important time in Hitesh's life, he will leave the only home that he has ever known. Yet the events surrounding his entry into the United States were completely out of his control. Hitesh has done nothing but contribute in positive ways to his hometown community of Irmo, SC, and the Wofford College community. He has demonstrated excellent moral character and has always been a model student. Relocation to India would also create extreme hardship for Jaya, who is in remission from breast cancer. She would have to abandon her clothing store business in South Carolina and return to a land that she has not seen for twenty years. She also faces the potential breakup of her family due to the status of her youngest son, Ravi, who is a U.S. citizen. Ravi would be forced to go to India with the rest of his family or face the prospect of foster care. Ravi is not fluent in Hindi, but is very proficient in English. Ravi is also an asthmatic who must periodically use an inhaler machine. He would be subject to unhealthy air quality in Bombay, the city where the Tolanis' closest relatives reside and the place where they would settle. The Tolani family appealed to the Board of Immigration Appeals, and the Immigration Judge's decision was affirmed without comment. The family is now appealing to the Eleventh Circuit Court of Appeals, but the standard of review is deferential, making this an uphill climb for Hitesh and Jaya. I have always been a strong proponent of enforcing our Nation's immigration laws. However, the Tolanis' case represents one of those rare instances where removal would be unjust. The Tolani family, if forced to leave this country, will face exceptional hardship. Hitesh is a fine young man and an outstanding student. Through no fault of his own, he faces the prospect of leaving the only home that he has ever known. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. THURMOND

Mr. THURMOND. Madam President, I rise to introduce a private relief bill that would provide permanent legal resident status for Hitesh Tolani and his mother, Jaya Tolani, who face voluntary removal from this country. I feel that the Tolanis' case presents a compelling need for legislative action. Hitesh Tolani, who is a scholarship student at Wofford College in Spartanburg, SC, came to the United States with his mother, Jaya, and father, Gulab, in 1984. When Hitesh arrived in this country, he was a toddler. Hitesh has a younger brother, Ravi, who was born here and is a United States citizen. The Tolanis' efforts to become United States citizens was beset by tragedy. Gulab's brother, who served as a sponsor, died during the family's efforts to become legal permanent residents. Furthermore, just days before Gulab was to interview in New York in hopes of gaining legal permanent resident status for himself and his family, he passed away. Jaya was left with no way to legalize her or Hitesh's status. In the same year in which Gulab died, Jaya was also diagnosed with breast cancer. In the midst of these difficulties, Jaya was left with very few alternatives. When Hitesh learned of his illegal status, he made the decision to turn himself into the authorities. After removal proceedings commenced, Hitesh and Jaya sought relief in the form of cancellation of removal. In order to succeed in this effort, it must be shown that the removal would result in ``exceptional and extremely unusual hardship.'' In this case, the Immigration court found that the Tolanis' case did not rise to this level of hardship. The court came to this conclusion despite the fact that Hitesh has lived the vast majority of his life in the United States and is in the middle of his college studies. If forced to leave the country, Hitesh's studies will be significantly interrupted, and he will be required to return to a land that he does not remember. Additionally, Hitesh will be placed at a social and educational disadvantage because he is not fluent in the Hindi language. During this important time in Hitesh's life, he will leave the only home that he has ever known. Yet the events surrounding his entry into the United States were completely out of his control. Hitesh has done nothing but contribute in positive ways to his hometown community of Irmo, SC, and the Wofford College community. He has demonstrated excellent moral character and has always been a model student. Relocation to India would also create extreme hardship for Jaya, who is in remission from breast cancer. She would have to abandon her clothing store business in South Carolina and return to a land that she has not seen for twenty years. She also faces the potential breakup of her family due to the status of her youngest son, Ravi, who is a U.S. citizen. Ravi would be forced to go to India with the rest of his family or face the prospect of foster care. Ravi is not fluent in Hindi, but is very proficient in English. Ravi is also an asthmatic who must periodically use an inhaler machine. He would be subject to unhealthy air quality in Bombay, the city where the Tolanis' closest relatives reside and the place where they would settle. The Tolani family appealed to the Board of Immigration Appeals, and the Immigration Judge's decision was affirmed without comment. The family is now appealing to the Eleventh Circuit Court of Appeals, but the standard of review is deferential, making this an uphill climb for Hitesh and Jaya. I have always been a strong proponent of enforcing our Nation's immigration laws. However, the Tolanis' case represents one of those rare instances where removal would be unjust. The Tolani family, if forced to leave this country, will face exceptional hardship. Hitesh is a fine young man and an outstanding student. Through no fault of his own, he faces the prospect of leaving the only home that he has ever known. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. THURMOND

Mr. THURMOND. Mr. President, I introduced a bill establishing the Fort Sumter and Fort Moultrie National Historical Park. These sites are presently managed by the National Park Service as the Fort Sumter National Monument. The bill clarifies the boundaries of the park and will more accurately reflect the resources that are recognized, protected, and interpreted at these sites. Both of these forts were pivotal sites in the history of South Carolina and the Nation. Fort Moultrie was the centerpiece of the Battle of Sullivan's Island on June 28, 1776, just six days prior to the signing of the Declaration of Independence. The valiant defense of the fort by South Carolina militia units resulted in the first decisive victory over British forces in the Revolutionary War. The fort is named after the commander of those units, Colonel William Moultrie. Colonel Moultrie's forces constructed the first fort out of Palmetto trees and sand. The Palmettos were used because of the lack of proper building materials. Though initially thought to be inadequate for protection, the Palmettos repelled salvo after salvo from the British naval forces. Such excellent fortifications allowed Colonel Moultrie's militia to return fire with devastating results. Fort Moultrie also played a part in the events leading up to the Civil War. It was the site of the batteries that bombarded Fort Sumter. After the war, the fort was to remain an integral part of America's coastal defenses until World War II, when it was used to guard the port of Charleston against German U-boats. Indeed, it is the only site in the National Park System that preserves the history of the Nation's coastal defense system from 1776 to 1947. Although its days of conflict are over, the fort stands as a reminder that the cost of freedom is constant vigilance and stalwart resolve, even in the face of overwhelming odds. Fort Sumter is also an important part of American history. The bombardment of the fort on April 12, 1861 was the opening engagement of the Civil War. The evacuation of the fort by its commanding officer, Major Robert Anderson, left the fort in Confederate hands until the fall of Charleston in February of 1865. Fort Sumter was also an integral part of the Nation's coastal defense system until the end of World War II. Fort Sumter is a fine example of the historical significance of National Park Service work. The passage of this bill will allow for the more efficient administration of the two forts. The present arrangement does not adequately reflect the boundaries or management authority for the site. For example, Fort Moultrie was acquired by the Secretary of the Interior from the State of South Carolina in 1960, but no boundaries were established for the property, nor were any directives given to the National Park Service for administering the site. This bill will establish the boundaries of the site and provide long-overdue management authority for the National Park Service. Hopefully, this bill will facilitate more efficient management of the forts and allow many more Americans to learn from these living monuments to America's history. The Department of Interior supports this bill and has urged its enactment. I urge my colleagues to join me in supporting this bill. I ask unanimous consent that the text of the bill be printed in the Congressional Record.

Mr. THURMOND

Mr. THURMOND. Mr. President, I rise today to pay tribute to the late LTC Floyd ``Jim'' Thompson. He spent 9 excruciating years as a prisoner of war in Vietnam fighting for his life and our Nation. As the longest-held prisoner of war, Colonel Thompson embodies the core values of the American soldier. He survived because of his spirit, courage and determination, and will forever stand as an American hero. Colonel Thompson should be remembered for his service to our great country and the tremendous sacrifices that he made. I ask that an article by Mr. Tom Philpott be printed in the Record. America's Longest-Held Prisoner of War Remembered Army Col. Floyd ``Jim'' Thompson, the longest-held prisoner of war in American history, died July 16 in Key West, Fla. At age 69, his heart finally gave out, ending one of the most remarkable lives among heroes of the Vietnam War. Thompson's death came 34 years after fellow POWs thought they saw him die in Bao Cao, the nickname of a cruel prison camp in North Vietnam. It was also 25 years after Thompson saw every dream that had kept him alive in Vietnam shattered in the aftermath of our longest war, a conflict vastly different from the war against terror in Afghanistan. ``I am a soldier. Period,'' Thompson would say if asked about the political correctness of the Vietnam War. End of argument, and an icy stare. Through nine years of torture, starvation, and unimaginable deprivation, Thompson showed us the resiliency of the human spirit. He refused to die, and until death had a willfulness that inspired awe. He survived on dreams of returning home to a loving wife, four adoring children, and a grateful nation. When none of that squared with reality, years of bitterness followed. The avalanche of challenges at home, Thompson believed, did not diminish his heroics or steadfast resistance before the enemy. Those who saw his strength agree that what he endured, and how, won't be forgotten. By the spring of 1968, Thompson had been held in jungle cages and dank prison cells more than four years, all of it in solitary confinement. The experience turned a 170-pound Special Forces officer into a ``skeleton with hair,'' said one POW, describing Thompson at first sight. His appearance literally frightened other Americans, most of them soldiers captured in the Tet offensive. Warrant Officer Michael O'Connor/glimpsed Thompson through a crack between wall and cell door. He was inches away, leaning against his own cell bars. ``This guy is dead, I thought,'' O'Connor told me for Glory Denied, my book about the Thompson saga. ``As part of some cruel joke, I thought they had stuck a corpse up against the door. Then I realized he was moving.'' Dick Ziegler, a captured helicopter pilot, heard Thompson say he had been shot down in March 1964. Ziegler did a quick calculation, and began to cry. ``Eyes sunk way back in his head, cheekbones sticking out. . . . He scared me to death. I understood then what was waiting for me,'' Ziegler said. As the days passed, O'Connor heard Thompson scratching every morning against the other side of this cell wall. ``One day I asked him what he was doing. `Standing up,' he said. Standing up! It took him half an hour. . . . Every day I heard him standing up.'' Months later, during a routine indoctrination session for POWs, Thompson collapsed into a violent convulsion. That amazing heart was in seizure, probably from starvation, doctors later surmised. ``A couple of us were told to carry him back to his cell,'' O'Connor recalled. ``We didn't see him move.'' Guards came later and took Thompson away. The other POWs figured he was dying if not already dead. Before leaving Vietnam in 1973, they learned he survived and his mystique grew, particularly among soldiers. His five years of solitary ended April 1, 1969, when he was tossed into a cell with three other Americans, including Lew Meyer, a Navy civilian firefighter. Meyer and Thompson began an astonishing daily exercise regime, leading to escape, Thompson's fifth attempt, in the fall of 1971. The pair avoided recapture in North Vietnam for two days. For his courage and leadership in this incident, the first observed by other POWs, Thompson would receive the Silver Star. At home, within a year of losing her husband, Alyce Thompson saw her support structure collapsing. She decided to move her four children into the home of a retired soldier, and pose as his wife. She instructed the Army to withhold Thompson's name from POW lists. For years, the Army complied. By the time Thompson was freed, in March 1973, Navy Lt. Cmdr. Everett Alvarez had returned and been celebrated as the longest-held POW. Thompson became a back-page story except in his hometown newspaper. At first, he didn't care. He was struggling to fulfill dreams of family and career. He and Alyce tried to save their marriage, with devastating consequences for the children. Thompson himself wasn't well-armed for that task, battling alcoholism, depression, and a deep sense of betrayal that never eased. After losing his family, Thompson fought to save his career. Again, alcohol interfered, aggravating a nine-year professional gap with officer peers. Thompson never blamed the Army or the war for his troubles. He suffered a massive stroke in 1981, which forced him to retire. Disabled, he moved to Key West and shut himself off from family and friends. His identity as a former POW, as longest-held, made life worthwhile. He had flag poles installed in front of his condominium complex so one could fly the POW-MIA flag. A bronze plaque mounted nearby refers to Thompson, the resident hero. Bolted to the fender of his new black Cadillac are two large U.S. flags, fit for a motorcade. His license plate reads ``POW.'' Thompson left instructions to be cremated and, without ceremony, that his ashes be spread at sea--unless, at time of death, he had been awarded the Medal of Honor. In that case, with his sacrifices properly recognized, he wanted to be buried at Arlington National Cemetery. Whether Jim Thompson deserves the nation's highest military honor, others will decide. Surely, for what he gave, he deserved more than he got.