Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, NOVEMBER 10, 1999 No. 158 Senate

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S14479

VerDate 29-OCT-99 23:04 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\G10NO6.082 pfrm02 PsN: S10PT2 S14480 CONGRESSIONAL RECORD — SENATE November 10, 1999 MAKING FURTHER CONTINUING No. 2, do they assume when they turn respond? I have paid my taxes. I have APPROPRIATIONS FOR THE the tap on that they will be able to been a good, law-abiding citizen all FISCAL YEAR 2000 drink the water that comes out of that these years, and I have always been The PRESIDING OFFICER. Under tap? told this is my Government. So my the previous order, the clerk will re- And No. 3, do they assume their chil- question to Washington now is, What is port the continuing resolution. dren will be able to go to school? my Government going to do to re- A joint resolution (H. J. Res. 78) making Let me tell my friends and colleagues spond? further continuing appropriations for the fis- in the Senate that there are tens of The reality is, nobody in North Caro- cal year 2000, and for other purposes. thousands of North Carolinians who no lina is asking for a handout. Our people The Senate proceeded to consider the longer take those things for granted have responded heroically to this situa- joint resolution. and no longer assume they are going to tion. Our businesses have been extraor- The PRESIDING OFFICER. Under be able to do those things because they dinary. the previous order, the Senator from know they cannot. The question they They have made millions and mil- North Carolina is recognized for 15 ask me and, more important, the ques- lions of dollars worth of donations to minutes. tion they ask us as their representa- help the people who have been dev- Mr. EDWARDS. Mr. President, we tives in this Government is, What are astated by Hurricane Floyd. Our indi- are about to pass a resolution to keep we going to do to respond to what has vidual citizens have made contribu- the Government operating for approxi- happened to them? tions. They have not only made con- mately a week. The question I ask is, We have kids in eastern North Caro- tributions with funds to help the vic- What are we doing for the victims of lina who are going to school in small tims of Hurricane Floyd, they have Hurricane Floyd? Keeping this Govern- trailers in a gravel parking lot of the taken time off from work, with their ment open is not important unless it National Guard grounds in Tarboro. In employers’ permission; they are taking does the things it should and needs to order to go to the restroom, they have their weekends and their time off to go do for its citizens. to leave these small trailers and travel to eastern North Carolina to work to We keep telling the people of this to the one small trailer that has a rest- try to help the folks who have been country that this is their Government, room. They are already going to school devastated. They have done everything it belongs to them. Every week they in little trailers on a gravel parking they can. Every person in North Caro- get their paycheck, and they have a lot, and there is not even a restroom in lina is doing what they can to help our huge deduction for Federal taxes. They the trailer they are using for a class- people who have been damaged by this wonder every time they get their pay- room. In order to use the restroom, storm. check and their paycheck stub where they have to leave their trailer and go That is not enough. We need this that money is going. down the parking lot to another small Government to respond in a way that The truth is, now is the time, in the trailer. addresses the needs. The water rose in this area, for exam- wake of the devastation of Hurricane No. 1, we need housing relief. We ple, 88 inches in an elementary school Floyd, when they are entitled to expect have thousands of families who have in Tarboro. The school was completely their Government will respond and re- lost their homes as a result of this destroyed. spond in a responsible way to what has storm. They have no way to rebuild Transportation—we have more than been done to them. their homes and rebuild their lives 90 sections of State roads and 12 The people of eastern North Caro- without our assistance. It is assistance bridges still washed out. lina—I know because I have been there to which they are entitled. They have over and over, including this past Agriculture—our farmers are hurting as they have never hurt before. Before paid their taxes all these years, never weekend—are wondering how they are knowing this disaster, this devastation going to make it through the winter. this hurricane went through eastern North Carolina, our farmers were tee- was coming. Now that it has hit them, They are completely and totally inno- it is time for this Government to recent. These are people who had a hurri- tering on the edge from low crop prices and many years of having a very dif- spond and to get them back into cane drop inches and inches of water on houses. them. It devastated their homes and, ficult time financially. They do not need help 6 months from thereby, devastated their lives. In What is the effect of a hurricane now or a year from now; they need help many cases, it devastated their work- coming through? This is the time of right now. Right now is the time they places. year when many of our farmers in east- are living in small trailers, on gravel What they are saying to us now is: ern North Carolina would be doing the parking lots. They want to get back What is my Government to which I bulk of their work. They would be har- into a home, a real home, the kind of have been paying taxes for all these vesting their crops. Not this year. home they had before Hurricane Floyd years going to do? The reality is, if the Many of our farmers have lost all of came. We have a responsibility to do Government does not respond to this their crops. The current crop loss esti- 1 everything we can to put them in those disaster and this terrible situation, the mate is $543 million—over $ ⁄2 billion. homes. Government serves no purpose. The livestock loss is estimated at We had 50 people die in North Caro- about $2 million. We have more than Agriculture: We have over 25,000 lina as a result of this hurricane and 5 $200 million in damage to structures on farmers who desperately need help just people are still missing. We have 3,000 farms, the structures that are nec- to make it through the winter. I am people who are still in temporary hous- essary for these farmers to operate talking about an intense and imme- ing. More than 30,000 homes have been their farms day to day. Many of these diate financial crisis that our farmers damaged and approximately 20,000 have structures have been destroyed. are confronted with. been completely destroyed. The dam- In addition, they have lost the ma- So we have two things we must do age estimate for housing alone is ap- chinery that is necessary to operate before we go home. We have to address proximately $400 million, and that their farms on a daily basis. In almost the housing needs in North Carolina, number will grow. We have eight coun- all cases, the structures are not cov- people who are not going to be able to ties that still have damaged water sys- ered by insurance, and, in many cases, get through the winter unless we do tems where people are required to boil the machinery is not covered by insur- something for them; and, secondly, we their water to use it. ance. have to help our farmers who are al- Over 2 months after this hurricane The bottom line is we have many ready in trouble and have been com- ravaged eastern North Carolina, our farmers in eastern North Carolina who pletely devastated. people are still struggling and suffering have lost their crops. They have lost I want us to compare the needs and and will continue to struggle as we go the buildings from which they operate the devastation in eastern North Caro- forward. and they have lost the machinery they lina to some of the things on which we I ask my colleagues these questions: use to farm. They are out of business. spend money. While I am strongly in No. 1, do they take for granted the What they say to us in Washington is: support of spending funds for the de- roof over their heads? What is my Government going to do to fense of this country, we have spent

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.082 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14481 billions of dollars on projects the Pen- BANKRUPTCY REFORM ACT OF I think that is a mistake because every tagon did not ever suggest they want- 1999—Continued State is different. The valuation of ed. We have spent hundreds of millions AMENDMENT NO. 2516, AS MODIFIED property is different in every State. of dollars on relocating bureaucrats The PRESIDING OFFICER. Under This does not make any allowance for and renovating or restoring Federal the previous order, the Kohl amend- those variations in property. buildings, millions on debt forgiveness ment No. 2516 is modified with the text The Kohl-Sessions amendment has a for foreign governments, tens of mil- of the amendment No. 2518. $100,000 cap in bankruptcy proceedings lions on foreign cultural exchange pro- The amendment, as modified, is as on homestead exemptions, but the me- grams, and on top of all that, a con- follows: dian value of a home in California is gressional pay raise. over $215,000; in Oklahoma it is $92,500. Surely these folks in North Carolina, At the appropriate place in title III, insert the following: So right there you can see there are whose lives have been devastated—to- SEC. 3ll. LIMITATION. differences in America. tally innocent victims of Hurricane (a) EXEMPTIONS.—Section 522 of title 11, Secondly, 11 homestead exemptions Floyd—are entitled to at least that United States Code, as amended by sections around the country would be imme- level of priority. Those are things we 224 and 307 of this Act, is amended— diately overturned if we have a Federal have already done. And we ought to do (1) in subsection (b)(3)(A), by inserting standard for a homestead exemption. things for these Third World countries. ‘‘subject to subsection (n),’’ before ‘‘any The States of Florida, Iowa, Kansas, property’’; and We ought to do things to help other South Dakota, Texas, Minnesota, Ne- countries that are in need. But the re- (2) by adding at the end the following: vada, Oklahoma, California, Massachu- ality is, we have North Carolinians and ‘‘(n)(1) Except as provided in paragraph (2), setts, and Rhode Island would all have Americans who are in desperate as a result of electing under subsection (b)(3)(A) to exempt property under State or their caps lifted in favor of a Federal straits. They do not have anyplace to local law, a debtor may not exempt any rule that would attempt to be one size live. We have farmers who are literally amount of interest that exceeds in the aggre- fits all. out of business. Their families have, for gate $100,000 in value in— In my home State of Texas, it is ac- generations, farmed the land of eastern ‘‘(A) real or personal property that the North Carolina, and they are now out debtor or a dependent of the debtor uses as a tually a constitutional provision; it is of business. residence; not a statute. It does not refer to It is time for their Government to ‘‘(B) a cooperative that owns property that money at all. It refers to acreage. step to the plate and do the responsible the debtor or a dependent of the debtor uses There is the urban acreage and there is thing, to give them the help they need as a residence; or the rural acreage. So I think it is very ‘‘(C) a burial plot for the debtor or a de- to put our folks in eastern North Caro- important that we have the ability to pendent of the debtor. address this by every individual State. lina back into houses, to put our farm- ‘‘(2) The limitation under paragraph (1) ers back on their feet and back in busi- shall not apply to an exemption claimed For 130 years in our country, the Fed- ness. under subsection (b)(3)(A) by a family farmer eral Government has allowed the If we cannot do that, what function for the principal residence of that farmer.’’. States the ability to set its own laws in do we serve as a Government? For all (b) ADJUSTMENT OF DOLLAR AMOUNTS.— this area. The homestead exemption those people who, for all these years, Section 104(b) of title 11, United States Code, does differ State to State. For 130 we have been saying, this is your Gov- is amended— years, the Federal Government has ernment; this is not some foreign thing (1) in paragraph (1), by striking ‘‘522(d),’’ said the States may do this. and inserting ‘‘522 (d) or (n),’’; and up in Washington that has nothing to (2) in paragraph (3), by striking ‘‘522(d),’’ The Kohl-Sessions amendment would do with your lives, now they are asking and inserting ‘‘522 (d) or (n),’’. overturn the 130 years of precedence us to make good on that promise and The PRESIDING OFFICER. Under and have a national standard, a one- to make good on our responsibility to the previous order, the amendment No. size-fits-all approach. That reminds me them for all their years—year in and 2516, as modified, is now pending. of a lot of other Federal Government year out—of doing the responsible The PRESIDING OFFICER. The Sen- programs. I am sure it rings true with thing: Paying their taxes and being ator from Texas. other Americans because that is the good Americans. Federal approach: One size fits all. We So I close by saying, I understand AMENDMENT NO. 2778 TO AMENDMENT NO. 2516, AS MODIFIED do not need one size fits all. For 130 that we are nearing the end of this ses- years, we have not had it. sion. I understand the needs and prior- (Purpose: To allow States to opt-out of any homestead exemption cap) In this country the States have done ities on which we are all focused: Edu- Mrs. HUTCHISON. Mr. President, I very well in setting their own home- cation, health care, responsible fixes stead exemptions—what works for for the BBA, and hospitals and health offer a second-degree amendment to the pending amendment. them, what works for the elderly in care providers around this country. We their States, what works for families in have many needs that need to be ad- The PRESIDING OFFICER. The clerk will report the amendment. my State of Texas—and they do not dressed. want to take homes away from the el- But I want to make clear that when The assistant legislative clerk read derly who are most susceptible to hav- it comes to Hurricane Floyd and my as follows: ing health crises. That would take people in North Carolina who do not The Senator from Texas [Mrs. HUTCHISON], away their savings. That might put have a place to live and are worried for herself, Mr. BROWNBACK, and Mr. GRAHAM, proposes an amendment numbered them into financial difficulty. They do about getting through this winter, and 2778 to amendment No. 2516, as modified. not want to throw the elderly people our farmers who are literally out of Strike the period at the end and insert the out of their homes, even if their home- business, that I intend to use abso- following: ‘‘. The provisions of this section stead might be valued at over $100,000, lutely everything at my disposal and to shall not apply to debtors if applicable State the median value. take whatever action is necessary to law provides by statute that such provisions assure that our people in North Caro- shall not apply to debtors and shall not take Secondly, what if it is a young family lina are taken care of. effect in any State before the end of the first where the wage earner gets into finan- Thank you, Mr. President. regular session of the State legislature fol- cial difficulty? Do we want to put a The PRESIDING OFFICER. Under lowing the date of enactment of this Act.’’ family out on the streets? This has the previous order, the clerk will read Mrs. HUTCHISON. Mr. President, if I been sacrosanct in my State and in the joint resolution for the third time. could take a moment to explain the many other States; that whatever we The joint resolution was read the amendment. We have agreed to 30 min- were doing to try to make people pay third time. utes equally divided. I would then turn their debts—and we do want people to The PRESIDING OFFICER. Under it over to Senator KOHL to explain the pay their debts—we don’t want to the previous order, the joint resolution underlying amendment. make them wards of the State. We is passed, and the motion to reconsider Basically, Senator KOHL and Senator want their families to be able to con- is laid upon the table. SESSIONS are going to try to put a cap tinue to have a roof over their heads The joint resolution (H.J. Res. 78) on the homestead exemption that while they are working out of their fi- was passed. would apply uniformly to every State. nancial difficulties.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.085 pfrm02 PsN: S10PT2 S14482 CONGRESSIONAL RECORD — SENATE November 10, 1999 I support the concept of this bill. I Mrs. HUTCHISON. Mr. President, I ate unanimously went on record in commend Senator GRASSLEY for work- was diverted. I didn’t hear the unani- favor of the $100,000 cap and empha- ing hard to improve the bankruptcy mous consent request. sized that ‘‘meaningful bankruptcy re- laws in our country. But the amend- Mr. KOHL. I asked that it be in order form cannot be achieved without cap- ment that is before us today would for the yeas and nays on both the ping the homestead exemption.’’ take away 130 years of preemption by Hutchison amendment and the Kohl- Curently, a handful of states allow the States to create their own home- Grassley-Sessions amendment. debtors to protect their homes no mat- stead exemptions, especially rural Mrs. HUTCHISON. I thank the Chair. ter how high their value. And all too States where farms may have a bigger The PRESIDING OFFICER. It is in often, millionaire debtors take advan- valuation. They don’t want to make order that the Senator now make that tage of this loophole by moving expen- people who are in financial difficulty request. sive homes in states with unlimited ex- wards of the State. Is there a sufficient second? emptions like Florida and Texas, and Let me show two very important let- There appears to be a sufficient sec- declaring bankruptcy—and then con- ters from the State leaders of our coun- ond. tinue to live in style. Let me give you try. The National Governors’ Associa- The yeas and nays were ordered. a few of the literally countless Mr. KOHL. Mr. President, I urge my tion, in a letter signed by Governor examples: colleagues to oppose the Hutchinson/ Jim Hodges and Governor John Row- The owners of a failed Ohio S&L, who land, wrote: Brownback ‘‘opt-out’’ amendment, then vote for the Kohl/Sessions/Grass- was convicted of securities fraud, wrote We also urge you to resist efforts to impose off most of $300 million in bankruptcy a uniform nationwide cap on homestead ex- ley $100,000 cap. Let me tell you why; an opt-out doesn’t change a thing. A claims, but still held on to the multi- emptions. The ability to determine their own million dollar ranch be bought in homestead exemptions has been a long- few states have already basically standing authority of states. Furthermore, ‘‘opted out’’ of reasonable homestead Florida. the median price of a single family home exemptions and that’s a problem. This A convicted Wall Street financier varies widely from state to state. A one-size- amendment would let these states con- filed bankruptcy while owning at least fits-all approach is simply not appropriate tinue to go on like nothing happened. $50 million in debts and fines, but still when the median home price may be more The Kohl-Sessions-Grassley amend- kept his $5 million Florida home—with than two-and-a-half times as high in one 11 bedrooms and 21 bathrooms. state as it is in another. ment, on the other hand, will stop this abuse, pure and simple. And just last year, movies star Burt The second letter is from the Na- You can not support our cap and also Reynolds wrote off over $8 million in tional Conference of State Legisla- support an opt-out: It’s either one or debt through bankruptcy, but he still tures. It says: the other, Mr. President. held into his $2.5 million Florida The [National Conference of State Legisla- They say this is really just about estate. tures] is concerned, however, that an amend- states’ rights. Nothing could be farther ment may be offered during Senate consider- Unfortunately, those examples are ation that would preempt state laws by set- from the truth. Anyone who files for just the tip of the iceberg. We asked ting a cap of $100,000 on homestead exemp- bankruptcy is choosing to invoke fed- the GAO to study this problem and, tions, thus forcing debtors with over $100,000 eral law in a federal court to get a based on their estimates, 400 home- in homestead equity to sell their homes and ‘‘fresh start,’’ which is a uniquely fed- owners in Florida and Texas—all with farms. Recent real estate trends have shown eral benefit. In these circumstances, over one hundred thousand dollars in that in all but four states, the median price it’s only fair to impose federal limits. home equity—profit from this unlim- of a single family home is well over $100,000. And don’t take my word for it: just ited exemption each and every year. While state legislators believe that the listen to one of Texas’ leading news- bankruptcy code should strongly encourage While they continue to live in luxury, consumers to pay their debts to the extent papers, the Austin American-States- they wrote off annually an estimated possible, my colleagues and I would be equal- man. It recently editorialized that: $120 million debt owned to honest ly concerned about the disruption to family ‘‘The U.S. Constitution gives the fed- creditors. life, particularly the harsh impact on the eral government supremacy over the Mr. President, this is not only wrong, children of debtors that may result by the states in bankruptcy matters, so argu- I believe it is not acceptable. Without establishment of such a limit on homestead ments that the federal government exemptions. our amendment, the pending bill falls should let states do as the wish on this far short. Instead of a cap, it only im- We have the National Conference of particular fact of bankruptcy law make poses a 2-year residency requirement to State Legislatures and the National little sense.’’ The editorial goes on to qualify for a State exemption. And Governors’ Association speaking for urge Congress to limit the homestead while that is a step, it will not deter a the State leadership saying this is an exemption. savvy debtor who plans ahead for bank- area that should be left to the States. Besides, we’re only capping the ruptcy, and it won’t do anything about It has been left to the States for 130 homestead exemptions in states like instate abusers such as Burt Reynolds. years. We do not need to overturn 130 Florida and Texas as they apply to This $100,000 cap will stop these abuses years of laws that are working in indi- bankruptcy and not for other purposes. without affecting the vast majority of vidual States. That is, if you lose a multi million-dol- States. I hope we can pass this bill. I cer- lar lawsuit in Texas and can’t ‘‘pay- tainly will support the Kohl amend- up,’’ you can still keep your expensive Let me make one final point. Some ment, if we have the State ability to home if you don’t file for bankruptcy. opt-out supporters have circulated mis- opt out. That is the key. I think if we While that may not seem right, what leading information about how many can have that kind of accommodation, state courts do is a matter of state States would be affected by this cap. then it will be a good amendment. Let law—and we do not touch it. On the While a few States would be impacted, the States decide for themselves if other hand, anyone who wants to take they are mistaken about eight States $100,000 is right for them. advantage of the federal bankruptcy in particular; they are: Alabama, Colo- Mr. President, I reserve the remain- system should live with a federal rado, Louisiana, Michigan, Mississippi, der of my time. $100,000 cap. Nebraska, Oregon, and Rhode Island. Mr. KOHL addressed the Chair. Now let’s turn to why our proposal is We asked the Congressional Research The PRESIDING OFFICER (Mr. so important to effective bankruptcy Service to take a look, and CRS con- CRAPO). The Senator from Wisconsin. reform. Our proposal closes an inexcus- cluded that our cap would have ‘‘no ef- Mr. KOHL. Mr. President, I ask unan- able loophole that allows too many fect’’ on these States. imous consent that it be in order to debtors to keep their luxury homes, I ask unanimous consent that the ask for the yeas and nays on both the while their legitimate creditors—like memorandum from CRS be printed in HUTCHISON amendment and the Kohl- children owed child support, ex-spouses the RECORD. Grassley-Sessions amendment. owned alimony, state governments, There being no objection, the mate- The PRESIDING OFFICER. Without small businesses and banks—get left rial was ordered to be printed in the objection, it is so ordered. out in the cold. Last year, the full Sen- RECORD, as follows:

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.089 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14483 MEMORANDUM ORS 23.240 shall consist, when not located in median American income, which today To: Sen. Subcommittee on Antitrust, Busi- any town or city laid off into blocks and for a family of four is $49,000. So this is ness Rights, and Competition. Attention: lots, of any quantity of land not exceeding for high-income people, and only if you Brian Lee. 160 acres, and when located in any such town make above that can you be required From: Robin Jeweler, Legislative Attorney, or city, of any quantity of land not exceeding one block. However, a homestead under to pay back some of your debts. We American Law Division. think that is an abuse, and we think it Subject: Effect of proposed amendments to this section shall not exceed in value the S. 625 on selected state homestead ex- sum of $25,000 or $33,000, whichever amount is ought to be ended. emptions. applicable under ORS 23.240.’’ Another abuse—one that may be the Rhode Island Gen. Laws § 9–26–4.1 (1998 This responds to your request for a legal greatest abuse in the whole bankruptcy supp.): In addition to exempt property, ‘‘an opinion on the effect of language that may system—Elizabeth Warren, a Harvard estate of homestead to the extent of one be offered as an amendment to S. 625, 106th professor, said is ‘‘the single biggest hundred thousand dollars ($100,000) in the Cong., 1st Sess. 1999, the Bankruptcy Reform scandal in the consumer bankruptcy land and buildings may be acquired[.]’’ Act of 1999. Although several of the state provisions system.’’ It is the unlimited homestead The proposed language would add a new cited above couch their exemptions in terms exemption. She said it is a scandal, and subsection (n) to 11 U.S.C. § 522 governing of acreage, in all cases, the monetary cap is I agree. It is an absolute scandal. bankruptcy exemptions to provide that the a limitation which qualifies the value of the First of all, bankruptcy law is han- aggregate value of homestead exemptions in land permissibly exempted. With the excep- dled in Federal court. It is all done in op-out states may not exceed $100,000 in tion of Rhode Island, the state laws cited value.1 a Federal bankruptcy court. All the above have monetary caps substantially less You have asked what effect this provision, laws and all the rules are Federal laws. than the proposed federal cap of $100,000. if enacted, would have on the homestead ex- In one area, the Federal law says, for Several states, such as Florida, Iowa, Kan- emptions in Alabama, Colorado, Louisiana, the purpose of bankruptcy homestead sas, South Dakota, and Texas define their Michigan, Mississippi, Nebraska, Oregon and homestead exemptions by reference to quan- exemptions, that will be left to what Rhode Island. For the reasons discussed tities of land or acreage without a monetary the State law is. But that is a Federal below, we conclude that the proposed federal cap. But those states which define the ex- law. cap on state homestead exemptions would emption in terms of land and value do so What we found is that the Bank- have no effect in these states. conjunctively, not disjunctively. Hence, a Several of these states provide for the pos- ruptcy Commission, after 3 years of federal cap of $100,000 on the value of a home- sible exemption of a substantial amount of study, which included judges and other stead exemption would not appear to have real property, for example, up to 160 acres of experts, recommended that we take any effect on the extant state exemptions land, which could theoretically exceed this exemption to $100,000 and it be uni- cited above. $100,000 in value. In each case, however, the form across the country. There is no scope of the exemption is limited by a mone- Mr. KOHL. Mr. President, the facts reason, or history, or logical justifica- tary cap on its aggregate value: speak for themselves. Simply put, the tion for a State having an unlimited Alabama Code § 6–10–2 (1993): homestead Hutchison-Brownback amendment is a bankruptcy exemption—a fact recog- ‘‘with the improvements and appurtenances, bad idea, a backdoor way to allow rich not exceeding in value $5,000 and in area 160 nized, as the Senator said, by the Aus- deadbeats to continue to live as kings tin American Statesman newspaper, acres[.]’’ while their honest creditors go to the Colorado Rev. Stat. § 38–41–20 (1997): home- which said this is clearly a matter of stead shall be exempt ‘‘not exceeding in poor house. I urge my colleagues to op- Federal law. The scholars do not dis- value the sum of thirty thousand dollars in pose it and to support our bipartisan pute it. All other aspects of bank- actual cash value in excess of any liens or $100,000 cap instead. ruptcy law are determined by the Fed- encumbrances.]’’ The PRESIDING OFFICER. The Sen- eral law. I wanted to say that first. Louisiana Rev. Stat Ann., Title 20, § 1 ator from Alabama is recognized. Second, we are having serious prob- (West. 1999 supp.): homestead consists of ‘‘a Mr. SESSIONS. Mr. President, I am lems and abuses—a Federal bankruptcy tract of land or two or more tracts of land proud to join with Senator KOHL on judge in Miami, FL, one of the States with a residence on one tract and a field, this amendment. We have spent over 2 pasture, or garden on the other tract or that has such an unlimited exemption, tracts, not exceeding one hundred sixty years now working to reform the like Texas, has been very critical of acres. ... This exemption extends to fifteen abuses in bankruptcy law. Senator this. The current system ‘‘is grossly thousand dollars in value[.]’’ KOHL has served on the Judiciary Com- unfair,’’ said A. Jay Cristol, the chief Michigan Comp. Laws. Ann. § 600.6023 (West mittee. As we have gone through it, we Federal bankruptcy judge in Miami. 1999 supp): ‘‘A homestead of not exceeding 40 have tried to eliminate a lot of the ‘‘This law was written to give everyone acres of land and the dwelling house and abuses. a fresh start after bankruptcy, not to appurtenances . . . not exceeding in value The PRESIDING OFFICER. Is the allow people to keep luxury homes.’’ $3,500.’’ Chair correct that the Senator is under Mississippi Code Ann. § 85–3–21 (West 1999): How has this abuse been playing out? ‘‘[A] householder shall be entitled to hold time yielded by Senator KOHL? Here is an article in the New York exempt . . . the land and buildings owned Mr. SESSIONS. That is correct. Times listing some of the examples of and occupied as a residence by him, or her, Mr. President, we have been trying to what we are talking about: but the quantity of land shall not exceed one eliminate abuses that are in the bank- The First American Bank and Trust Com- hundred sixty (160) acres, nor the value ruptcy system. There are many of pany in Lake Worth, FL, closed in 1989. thereof, inclusive of improvements, save as them. We have some things in this bill hereinafter provided, the sum of Seventy- This is in the New York Times of last that are good and true and honest and year: five Thousand Dollars ($75,000.00[.]’’ fair. It says right now that a person Nebraska Rev. Stat. § 40–101 (1997 supp.): ‘‘A . . . its chief executive, Roy Talmo, filed homestead not exceeding twelve thousand making $70,000 a year who owes for personal bankruptcy in 1993. Despite five hundred dollars in value shall consist of $100,000, under Federal bankruptcy law, owing $6.8 million, Mr. Talmo was able to ex- the dwelling house in which the claimant can go into chapter 7, wipe out all their empt a bounty of assets. resides . . . not exceeding 160 acres of debts, and still be living with a Exempt—that means those assets land[.]’’ $100,000-a-year income and not have to could not be used to pay people to Oregon Rev. Stat. Ann. (1998 supp., part 1) pay the people from whom they receive whom he lawfully owed debts. It goes §§ 23.240, –250: ‘‘The homestead mentioned in benefits and to whom they owe money. on: We are saying if you have a certain During much of the bankruptcy pro- 1 Specifically, proposed subsection (n)(1) states: level of income, then you ought to pay Except as provided in paragraph (2), as a result of ceeding, Mr. Talmo drove around Miami in a electing under subsection (b)(3)(A) to exempt prop- a part of your debt, and you would be 1960 Rolls Royce and tended the grounds of erty under State or local law, a debtor may not ex- required by the judge to develop a re- his $800,000 tree farm. . . . empt any amount of interest that exceeds in the ag- payment plan for 30 percent, 50 per- Never one to slum it, Mr. Talmo had a gregate $100,000 in value in— 7,000-square-foot mansion with five fire- (A) real or personal property that the debtor or a cent, or 100 percent of the money, if you can pay it back. It is not just auto- places, 16th-century European doors and a dependent of the debtor uses as a residence; Spanish-style courtyard, all on a 30-acre lot. (B) a cooperative that owns property that the matically wiping out all your debt. Yet, in Mr. Talmo’s estimation, this was debtor or a dependent of the debtor uses as a resi- Some have said this is abuse on the dence; or chintzy. He also owned an adjacent 112 acres, (C) a burial plot for the debtor or a dependent of poor. But it would not affect anybody and he tried to add those acres to his home- the debtor. whose income did not fall below the stead. The court refused.

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.042 pfrm02 PsN: S10PT2 S14484 CONGRESSIONAL RECORD — SENATE November 10, 1999 Another example: their constitution or their existing One of the most unfair aspects of the Talmadge Wayne Tinsley, a Dallas, TX, de- State law. That is not the case. The bankruptcy code is the ability of very veloper, filed for chapter 7 bankruptcy in homestead exemption in Texas or Flor- wealthy people to shield large amounts 1996 after he incurred $60 million in debt, ida would be valid for every other of assets in homesteads. As do many largely bank loans. Under Texas law, Mr. State law purpose the State chose to parts of our bankruptcy laws, the Tinsley could keep only one acre of his 3.1- apply it for. It simply would not be homestead exemption has a noble pur- acre estate. valid in the Federal bankruptcy court pose. I don’t deny that. That noble pur- Texas recently had laws up to change if that law called for an exemption to pose is to protect the poorest of the that 1-acre limitation if you live in a exceed $100,000, the amount the Bank- poor from being thrown out into the city to which you can exempt from 8 to ruptcy Commission, after 3 years’ streets to pay creditors. Everybody is 10 acres. At any rate, he wanted to ex- study, concluded was the appropriate entitled to a roof over their head. empt more than that. He wanted the amount. It certainly strikes me as a As so many parts of our bankruptcy whole 3.1-acre estate. fair and legitimate amount. laws, this noble idea has been perverted His $3.5 million, magnolia-lined estate in- This is not the sale price of the house by rich scoundrels and well-paid bank- cluded a five-bedroom, six-and-a-half-bath but the equity in the house. If an indi- ruptcy lawyers. Obviously, we need to mansion with two studies, a pool and a guest vidual owned a mansion with $500,000 of house. All that fit snugly onto one acre. do something about any part of the law Yet, when the court asked Mr. Tinsley to equity in that mansion, they would not that lets people hide money while pay- mark off two acres to be sold to pay off his be able to live in that mansion and ing nothing to their creditors. debts, his facetious offer was for the trustee stop paying their creditors, the people We said one of the motivations of to come by and peel off two feet around his they duly and lawfully owed money to, this legislation is to make sure that entire property. but would be able to keep $100,000 of it. the people who have the ability to pay He signed off for that debt. At any They could keep $100,000 in equity. who go into bankruptcy are not going rate, he was able to sell his house for They would end up better than a person to get off scot-free. Allowing people to $3.5 million, and he used the proceeds who files bankruptcy in Alabama or shield assets while paying nothing to of this sale, after declaring bank- most other States who have less than their creditors creates perverse incen- ruptcy, to write a $659,000 check to the $100,000. We think that is fair, just, and tives for wealthy scoundrels. IRS, whose debt still continues to be appropriate and ought to be con- A recent General Accounting Office owed after bankruptcy, and another for fronted. I know some believe it is study on this subject confirms the $1.8 million to pay off his mortgage. somehow an advantage for a State to homestead exemption is used by a se- That left him $700,000 after all his ex- not have this cap, to have unlimited lect few to avoid paying their bills. Un- penses, and he could spend that on exemptions, but I argue it hurts local like other areas where Congress at- whatever he wanted to, without paying creditors in those States, too, because tempts to regulate with very little con- legitimate people to whom he owed they are not being paid back their stitutional basis for doing so, the text money. That is not a fair deal, I sub- debts. of the Constitution in this instance mit. A man living in a mansion in down- gives Congress the authority to set There are other examples of this. town Dallas who is not paying his Dal- uniform bankruptcy laws, one of the There is Dr. Carlos Garcia-Rivera, who las creditors and all the people he owes specific powers of Congress in article I. filed for bankruptcy protection. He in Dallas, TX, he gets to live in the A homestead cap with a provision al- lives in Florida. The State law gives mansion, is not an advantage for lowing some States to opt out and to him an unlimited deduction, and he Texas. For years, the Texas legislators, have unlimited homestead will con- was able to keep a $500,000 residence, Members of Congress, have believed tinue the unfairness of current law and which is pictured in the newspaper ar- passionately they should defend this as will run counter to our constitutional ticle, free and clear. being a part of their constitution. mandate to have uniform bankruptcy The problem is this. A lot of people I think that is a misunderstanding of laws. I support a strong cap and oppose can see bankruptcy coming. They can the role of Federal bankruptcy law. a State opt-out. I urge my colleagues see the problems coming down the The goal of a good bankruptcy law is to to do the same. road. They live in a State such as Ala- make sure a person who owes debts Our colleagues should also be aware bama or New Jersey, where the laws pays all he can, liquidates all his as- the underlying bill deals with very don’t give them these values. In fact, sets, is able to keep a reasonable home, wealthy people in bankruptcy by push- two-thirds of all the States limit your and work in the future without having ing them in chapter 11 with special homestead value to $40,000 in equity. any debts, but that he not be able to modifications designed to deal with in- So what do they do? They can see the abuse the system and defeat creditors dividuals instead of corporations. Al- bankruptcy coming. They can move to who he could legitimately pay. lowing the super rich to live high on a State such as Texas or Florida, buy a I enjoyed working with Senator the hog is a more widespread problem beautiful home on the beach, take KOHL. than homestead abuse. every asset they have, quit paying any I yield the floor. I thank the Senator from Wisconsin of the people to whom they owe money, Mr. KOHL. I thank Senator SESSIONS. for his leadership in this area. collect all their money, put it in that I yield 2 minutes to Senator GRASS- Mr. KOHL. I thank Senator GRASS- house, and then file bankruptcy and LEY. LEY. say: You can’t take my home. It is my Mr. GRASSLEY. Mr. President, I I ask unanimous consent to add Sen- homestead, and I don’t have to give thank the Senator for yielding. Second, ator HARKIN as a cosponsor to this you anything. I thank the Senator for being a very amendment. That is a problem. That is a national cooperative member of the Judiciary The PRESIDING OFFICER. Without problem, and it is a growing problem. Committee to help Members move the objection, it is so ordered. We have increased bankruptcies. Law- bill out of committee, particularly on Mr. KOHL. I ask unanimous consent yers are more sophisticated. People are this very issue that he has brought to to reserve the remainder of our remain- more willing to move today than they the floor. He was hoping to bring this ing time. used to be. That is why Senator KOHL up in committee. It would have been I yield the floor to Senator and I feel so strongly about this. very divisive in committee. It probably BROWNBACK whose time is charged to I want to mention a couple more im- would have kept Members from getting the other side. portant things. The New York Times, the bill out of committee. He cooper- The PRESIDING OFFICER. The Sen- in an editorial in August of 1999, ar- ated fully. I said when he brought it to ator from Kansas. gued against protecting rich bankrupts the floor I would speak for and support Mr. BROWNBACK. Mr. President, and criticized this very provision in his amendment. I am here to do that. how much time remains? law. But I think it is more important I tell The PRESIDING OFFICER. Twenty- There were other complaints made in him and his constituents who are inter- two minutes. previous remarks suggesting this ested in bankruptcy reform that he has Mr. BROWNBACK. I yield myself 10 change would require States to change been very helpful through this process. minutes.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.093 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14485 Mr. President, I think there are a acres because of that homestead provi- in 2 years of bankruptcy, that can be number of things that need a response. sion. These were paid for. They had brought back into the creditor estate Let me first set this in the context of these paid for. They were entitled to so that the creditors can get hold of being from Kansas. Kansas has in its them under Kansas statute and under that. constitution a provision allowing for the Kansas Constitution. If not for this There is a lot already built into the the homestead to be protected. That exemption, this family would have bankruptcy law as it is currently prac- homestead is defined in Kansas law as been forced to sell everything and ticed, and as it has been interpreted by a home in town on 1 acre or in the would have been forced out onto the the courts. I have practiced in front of country on 160 acres. It is based on street and from their farm for which bankruptcy courts. There is also built original Federal law. That Federal law they worked so hard. The wife’s exact into this change that within 2 years of was the Homestead Act that settled words describing the homestead exemp- purchasing a homestead, you can come much of the Midwest. The Federal Gov- tion were ‘‘a godsend.’’ back and get those assets. ernment said the Federal Government After an extensive reorganization, What about some of these high-pro- owned this land, but if you could go they are rebuilding their cattle herd. file cases? In many of those cases, I out there and work those 160 acres and They are still repaying debts from the think you will find that the courts go stay there for 5 years, the 160 acres was bankruptcy according to the reorga- after and later set aside the trans- yours. That was the homestead. nization. They have currently applied action as a fraudulent transaction. But There is a sanctity about the issue of for a loan from Farm Credit to pur- particularly, let’s look at the case of the homestead. That is why it was chase more cattle and are very opti- Burt Reynolds, who has become kind of built into our State constitution. That mistic about the future. a poster boy in this situation. is why it has been so protected in the That doesn’t sound like a case that He has not filed under chapter 7 past and why I rise in support of the would make the newspaper. bankruptcy. He is not in chapter 7 Hutchison-Brownback amendment and This is a very practical thing that where you have this homestead provision. He is in chapter 11, which is a re- its amendment to what Senator KOHL has happened throughout the history of would do. I will support the Kohl Kansas that I can cite for you at var- organization in bankruptcy usually re- amendment if the Hutchison- ious times. Typically, when we have served for corporations. But there are also some higher income individuals Brownback amendment passes but not the prices of farm commodities drop- who can qualify for chapter 11. otherwise. This is an important part of ping and dropping substantially, farm- An amendment offered in the Judici- our State. ers are caught with too much credit ary Committee by Senator GRASSLEY What is being attempted by Senator and too low prices. They will get in the would close this chapter 11 loophole for KOHL and others—and I have great re- squeeze, and the only thing they can wealthy individuals. Fortunately, that spect for them and their desires for save is the homestead. I have read ab- much needed amendment was passed what they are putting forward—is to stracts of land titles across the State during the markup despite some oppo- take a right away from States that of Kansas, where this has been used sition from the others. they have had for over 100 years. Bank- time and time again, and none of those Mr. President, my simple plea is on a ruptcy law is in the Federal Constitu- make the newspaper. Yet it is a part of couple of fronts. tion, but for over 100 years they have their being able to build back. In this No. 1, this is contrary to what this allowed States to set that homestead case, and many others, it is a part of Congress has been committed to do, provision and said they would allow them being able to pay their creditors which is devolution of power and au- the States to determine the homestead in the future. This isn’t about them thority to States and local units of issue. Now we would be taking that moving to Florida or to Texas to bilk government. Here we have an area of right that the States have had for over this law. law that has been devolved to the 100 years and federalizing it. That is Here is another case. I will read to States for over 100 years, and we are wrong. It is contrary to the devolution you about a farming couple from east- going to grab it. And we are going to of States’ rights. It is contrary to the ern Kansas. He is now 71. The wife is 55. pull it up here back from the States Homestead Act that the Federal Gov- They declared chapter 12 bankruptcy. that built it into their constitutions, ernment set, and it is harmful to They had trouble with their bank be- such as Kansas and Texas. We are farmers. cause of low commodity prices and going to grab it. The Federal Govern- I used to practice agricultural law. I many other typical struggles of a fam- ment is going to say this is ours. We taught agricultural law. I have written ily farm. This is a typical case. Their are taking it away. That is completely books on this subject. The homestead homestead-exempted property consists contrary to devolution. provision in my State and many others of 160 acres valued at approximately No. 2, this is very harmful to family has helped save family farmers. $800 an acre, including the house and farmers, many of whom have used These are not cases that make the buildings. With the exemption, they these homestead provisions during newspaper or that are quoted here on were able to retain all of their property times of bad commodity prices—in my the floor. Those, unfortunately, have for use as equity to start farming State, and in others—to protect that happened as well. But listen to some of again. 160-acre homestead, which is, as I men- these cases that have occurred in Listen to what happened. The situa- tioned at the outset, the sacrosanct Kansas. tion 3 years later is that this couple is unit—the family farm, to be able to A farm couple—the husband is age 52, about to pay off all of their creditors protect it. and the wife is age 66—are cattle under the chapter 12 plan within the No. 3, it is already taken care of if ranchers in eastern Kansas. They have next few months and are now able to these are fraudulent transactions that been farming the same ranch since continue profitably with their farming are occurring, that can be set aside by 1965. In 1997, the husband was cleaning operation. It is a happy ending that the bankruptcy judge under current out a swine lagoon and received a staph would have sadly ended without this law. If they were planning to go into infection in his eye. He lost nearly 80 sort of homestead provision. bankruptcy and move those assets, percent of his vision and became le- There is a lot of talk about fraud they can come within 2 years and still gally blind. At this time, his wife was that has taken place. I want to point get that asset back. So this has taken also forced to take her mother in for out something in addressing this issue. care of it. health care reasons. She had to stay Currently in bankruptcy law, if there It is harmful to family farmers. It is with them. This brought on numerous is a fraudulent transaction of taking against devolution. It is against States hardships for the family. It forced money that should go to a creditor and rights, and this is the wrong way for us them into chapter 12 bankruptcy in De- placing it in an exempt property, the to go. It is going to hurt a lot of family cember 1997. It doesn’t sound very court can come in and set that aside farmers who use this day in and day glitzy or a high-profile, newspaper-type and get that money back. That is out and don’t make the newspaper but case at this point. under current bankruptcy law. are just simply trying to make a de- Under chapter 12, they were not re- Also, in the base bill there is a provi- cent living and they get caught in a quired to sell the homestead and 160 sion that if you purchase a home with- bad commodity cycle.

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.099 pfrm02 PsN: S10PT2 S14486 CONGRESSIONAL RECORD — SENATE November 10, 1999 During the 1980s, I worked with a lot I have been pleased to work on this flee bankruptcy to go buy a homestead of family farmers who got caught in a because I believe we owe it to the and be protected. And, second, the bad commodity cycle and used this working Americans who go through bankruptcy laws today and in the new homestead provision. They did not bankruptcy, who will never ever have law always provide for fraud, that you make the newspaper. But today, many the possibility of claiming these kinds can go after someone who has fraudu- of them are still farming simply be- of great equities and do not live in lently transferred assets. I do think we cause of the possibility of doing this, mansions—I don’t see why we need to have fraud addressed in this bill. and they worked extra hard to pay be providing special protections for the We get down, though, to the bottom their creditors even over and above rich in these circumstances. It is time line. That is, this has been a States what was required in bankruptcy law to end this process. It is time for Con- rights issue for 132 years. People in because they felt this is the honorable gress to act. Alabama may do it differently from thing to do. I yield back my time and yield the people in Florida. People in Wisconsin There are abuses under bankruptcy floor. may do it differently from the way law. I would like to be able to support Mr. KOHL. I reserve the remainder of they do it in Texas. What is wrong with this bill at the end of the day. But this our time. that? What is wrong with people in is not the right way to go for us. It is The PRESIDING OFFICER. The Sen- Idaho having the ability to set their harmful for us to do this to family ator from Texas. own standards for homestead exemp- farmers and to States. Mrs. HUTCHISON. Mr. President, I tions? What is wrong with a rural- I support strongly the Hutchison- would like to be notified in 5 minutes dominated State having a different Brownback amendment and hope that because I have two other speakers who standard from an urban-dominated it can be added to the Kohl amendment have asked for time. I know we are State? This country was formed with so that we can press forward with this running the clock down now. the thought that States would have the bankruptcy reform. Otherwise, this Let me just refute a couple of the right to make State laws where they Senator will certainly have to oppose points that have been made. First of are closest to the people. Only a very the amendment. all, for over 100 years in this country, few laws are made at the Federal level. Mr. President, I reserve the remain- States have been able to determine I think that is a good standard. I think der of our time. what the homestead exemption would it is good the Federal Government has Mr. President, may I inquire as to be. In some States a homestead would allowed the States, for over 132 years, how much time remains on our side? be valued at $15,000 while in other to set homestead exemptions. The PRESIDING OFFICER. The States it might be $215,000. California I hope we will keep that 132-year Hutchison amendment has 11 minutes and Florida have higher valuations on precedent. I think it has worked. I 46 seconds under the control of the homesteads. So I think a one-size-fits- would love to support this bill. I want Senator from Texas, and Senator KOHL all approach is not in anyone’s best in- debtors to have to pay the people they has 71⁄2 minutes. terests. owe. I have been in a small business, The Senator from Wisconsin. The Senator from Alabama, who is and I have had people stiff me. I know Mr. KOHL. Mr. President, I yield 4 my friend, talks about a $50 million what it is. I know what it is to have to minutes to Senator SESSIONS. mansion. I do not know of anyone who pay my workers regardless of the fact The PRESIDING OFFICER. The Sen- has a $50 million mansion on one acre that I am not being paid by people to ator from Alabama. of land, because the standard in Texas whom I have supplied products. Mr. SESSIONS. Mr. President, one happens to be on the number of acres I will not support this bill unless we thing we have raised is the situation of rather than on valuations. That was allow the States the right to have the the farm person. put in our Constitution. homestead exemption be set State by First of all, Senator GRASSLEY has This would be overriding our Con- State. I want to tighten up the laws. I been a champion of the new bank- stitution. It would override the Kansas think that is the right thing to do. But ruptcy laws. And we have made those Constitution. There are other States we do not have to preempt the States permanent in this bill to give added that believe so strongly in the right of rights in this area. I think it will be a protections to farmers, unlike the kind a person to be able to keep a home- better bill if we do not. of protections that are given a man- stead for children or for an elderly per- I reserve the remainder of my time. ager of a restaurant, a gas station, or a son that they do not put in a dollar The PRESIDING OFFICER. Who small factory that goes bankrupt. They valuation, they put in an acreage valu- yields time? have a number of good protections. ation. In Texas, it is one acre. That is The Senator from Kansas. But what I want to say to you is that for urban homesteads. I think you can Mr. BROWNBACK. I inquire of the a person who owes a lot of debt, who talk about a $50 million mansion, but Senator from Texas if I could have just has received legal benefits and owes that is not reality here. 2 minutes to explain an item that has money, and then goes into bankruptcy, What I think we ought to do, when been coming up in this debate. will be able to keep up to $100,000 in eq- we are making policy that is this im- Mrs. HUTCHISON. Mr. President, uity. The house can be a $500,000 house. portant, is say: How much damage are how many minutes remain on our side? The farm can be $1 million farm—what- we going to do to people who are trying The PRESIDING OFFICER. The Sen- ever. But the equity simply has to be to restructure their lives in order to ator has 6 and a half minutes. no more than $100,000. I think that is as get a few people who may abuse the Mrs. HUTCHISON. I yield 2 minutes. generous as we can possibly be. I don’t system? We have had GAO studies, we Mr. BROWNBACK. Mr. President, I see how we could be more generous have had all kinds of studies, that have wanted to point out two things. No. 1, than that. Why should a businessman, showed that maybe 1 percent of the there is a recent study of U.S. bank- or any person, be able to have unlim- people are not doing right by the sys- ruptcy filings by the Executive Office ited assets? tem. But we have taken one important of the United States Trustees. The Let me make no mistake about it, step to stop that abuse, which will Trustees are the people who actually the Hutchison amendment that is filed apply in this bill if it is passed, and do the bankruptcies. They are the ones today would allow an individual in that is that you cannot declare a who handle the financial transactions. Texas or Florida to maintain a $50 mil- homestead exemption on a home that They concluded that the homestead lion mansion and not pay the people is bought within 2 years of declaring abuse is—and this is their quote—‘‘a they owe just debts to—$50 million in bankruptcy. rare phenomenon.’’ That was a quote equity that they own and paid into So the idea is if someone is going to from the United States Trustees, Exec- that house, and not pay people they leave all their debts in Florida and utive Office of the United States Trust- owe. That is the kind of disparity I do move to Alabama to buy a house and ees. not believe we can accept and is what claim bankruptcy, there are safeguards The second point I wanted to make the Bankruptcy Commission has re- against that by requiring that the per- is, my State of Kansas has a homestead jected. That is what professors have son live there 2 years before they can provision under the State constitution called a national scandal. declare bankruptcy. So they cannot that dates back to 1859. Kansans have

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.101 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14487 used this for a long time. However, in along the same lines saying they are the position of these same farm fami- the U.S. bankruptcy code, many small concerned that setting a law that lies by denying them important bank- family farmers would not qualify for would preempt State laws on home- ruptcy protections. what is defined as a family farmer be- stead exemptions would not be in the Again, I know that the amendment cause they or their spouse have earned best interest of the American people. sponsors are trying to stop abuse of the off-farm income. Because of that, I hope our Members will not break system by those who have irrespon- under this particular provision, in 130 years of precedent in this country sibly accumulated debt, but I am afraid farming States such as mine with simi- to set yet another one-size-fits-all Fed- many hard working Minnesota farmer lar homestead provisions, they would eral solution. This is something very who are barely covering their families be impacted because they would not be important to States, so important that necessities may be adversely impacted. able to qualify there. I want to make some States have put it in their con- I urge my colleagues to support the the point, that adds doubly to the dif- stitutions, and today voting against Hutchison-Brownback amendment al- ficulty we have here. the Hutchison amendment for the lowing states to affirmatively opt out I reserve the remainder of our time. Kohl-Sessions amendment will most of the cap on the homestead exemp- The PRESIDING OFFICER. Who certainly damage our ability to let the tion. yields time? States make these determinations. I yield back the remainder of my Mrs. HUTCHISON. Mr. President, let Senator BROWNBACK, Senator time. me inquire of the Senator from Wis- GRAHAM of Florida, and Senator Rod The PRESIDING OFFICER. The Sen- consin if he is ready to finish. I will go GRAMS from Minnesota are cosponsors ator from Wisconsin. ahead and close out the debate if we of this amendment. Many people are Mr. KOHL. Mr. President, I do not are ready to close earlier. What was his very concerned about this 130 years of think we should be misled by the intention? precedent being overturned. Hutchison-Brownback amendment that Mr. KOHL. I say to the Senator from I yield 2 minutes to Senator GRAMS. it will save the family farm. No one has Texas, we have, I think, 5 minutes. I The PRESIDING OFFICER. The Sen- done more for family farmers, as we all will not use all of it. If the Senator ator from Minnesota is recognized for 2 know, than Senator GRASSLEY and Sen- wants to conclude, I will speak for a minutes. ator HARKIN, and they are supportive couple of minutes, Senator SESSIONS Mr. GRAMS. Mr. President, I thank and cosponsors of our amendment. for 1 minute, and then we are finished. the Senator from Texas and also the Our amendment does have a specific If the Senator would like to go first. Senator from Kansas for their work on exemption for farmers in each State so Mrs. HUTCHISON. Would it be pos- this issue. that the family farmer, whether they sible for the Senator to let me have 2 Mr. President, I rise today to speak come from Texas, Iowa, or Wisconsin, minutes, perhaps, toward the end, in in opposition to the bankruptcy home- can be specifically dealt with in that case Senator GRAHAM of Florida and stead cap proposed as an amendment to State in the event of a bankruptcy. Senator GRAMS from Minnesota, who the bankruptcy bill. I appreciate the If we are serious about reform, now is have both requested time, arrive? We fact that the sponsors of this amend- the time to stop the most egregious are getting down to the end, so I do not ment are attempting to curb abuse of abuse of our bankruptcy laws—by cap- want to foreclose them if they do show. the system, but I fear that in these dif- ping the homestead exemption and sup- If they do not, I think we should go for- ficult times for family farmers the porting the Kohl-Sessions-Grassley ward. Mr. KOHL. I will be happy to wait. homestead cap amendment could dis- amendment. But don’t take my word The PRESIDING OFFICER. Is the proportionately impact struggling pro- for it. Listen to voices from across the Senator requesting an additional 2 ducers. country. minutes at the end reserved from her I will remind my colleagues that the For example, the New York Times re- time? Senate recently unanimously approved cently editorialized that: ‘‘Like a bill Mrs. HUTCHISON. No. I am only say- extension of chapter 12 of the bank- that passed the House, [the Senate bill] ing I will stop 2 minutes ahead in order ruptcy code, which in part allows farm- would do nothing to limit the ways to reserve that time for the Senator ers to stay on their land if they are that the formerly wealthy have of stiff- from Florida or the Senator from Min- able to make rental payments to credi- ing creditors, of which the unlimited nesota. If they are not able to come, tors. Just as farmers have needed ex- homestead exemption is only the best then I think we should close the debate tension of chapter 12 to weather the known. . . . [If the bill] is to be passed, because Members are waiting to vote. current economic downturn, they also it should at least be amended to keep The PRESIDING OFFICER. The need an adequate bankruptcy home- Texas and Florida from providing such Chair will notify the Senator when 2 stead exemption that will protect their blatant protection to once-wealthy minutes remain. homes and livelihoods from foreclosure deadbeats.’’ Mrs. HUTCHISON. Mr. President, let as well. Of course, the New York Times may me say, the Governors of our country I am aware that the Sessions/Kohl not be the most unbiased source. So I have written a very powerful letter amendment exempts ‘‘family farmers’’ took a look at my home state paper, saying: Do not do this. Do not set a from the homestead provision, but the Wisconsin State Journal. That Federal standard for homestead exemp- many farmers will not qualify because newspaper says the same thing. Ac- tions. The Governors wrote very clear- of off-farm income earned by the fam- cording to its recent editorial, the ly: ily. This off-farm income has become House and Senate bankruptcy bills: We urge you to resist efforts to impose a necessary for survival for may farm ‘‘deserve criticism for what they fail to uniform nationwide cap on homestead ex- families, and as long as such families include. Neither bill took a step toward emptions. The ability to determine their homestead exemptions has been a long- are not eligible for the exclusion, I closing the loophole that allows bank- standing authority of States. Furthermore, must oppose the amendment. rupt’ wealthy to shelter assets in an the median price of a single family home As the Senator from Texas men- expensive home. Irresponsible but varies from State to State. tioned, in Minnesota, the current shrewd debtors sneak assets through This is not something that should be homestead exemption is $200,000 prop- bankruptcy via a provision permitting a Federal approach. It has not been a erty value and 160 acres. This is a rea- them to take advantage of state home- Federal approach. Every Governor in sonable, time-tested level of protec- stead exemptions.’’ It adds that our our country is saying: Let us handle it. tion. We must remember that this $100,000 cap is a ‘‘sound’’ measure. If the people of Wisconsin do not like property is not merely where the farm- Finally, even leading papers from the way they handle it in Texas, that ers make their home, but also where Texas and Florida—the two states does not hurt the people of Wisconsin. they earn their living. Congress re- most invested in this issue—find the That should be a decision made at the cently passed $8.7 billion in emergency case for reigning in the unlimited local level based on local value, local farm assistance to help family farmers homestead exemption compelling. In traditions, and local law. continue the tradition of producing an editorial earlier this year, the Aus- Secondly, the National Conference of America’s most basic needs, and we tin American-Statesman praised the State Legislatures has written a letter should not simultaneously undermine recent GAO report for pointing out

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.104 pfrm02 PsN: S10PT2 S14488 CONGRESSIONAL RECORD — SENATE November 10, 1999 that the unlimited homestead exemp- EXHIBIT 1 In response, Congress began work on bank- tion: ‘‘[p]rimarily . . . is the refuge of a [From the New York Times, Aug. 13, 1999] ruptcy reform legislation. For guidance, the House and Senate had before them 172 rec- few high-living debtors, not the school- PROTECTING RICH BANKRUPTS ommendations from the National Bank- teachers and small farmers it was in- If you are going to go bankrupt in Amer- ruptcy Review Commission, led by Madison’s tended to protect.’’ ica, the best places to do it are in Florida Williamson. But the senators and representa- and Texas. Both states have unlimited home- tives were also heavily influenced by the lob- The Austin newspaper went on to dis- stead exemptions, meaning that bankrupts miss appeals to states’ rights as a false bying of the credit card industry. can protect their homes from creditors no The industry’s goal was selfish. The banks defense for the unlimited exemption, matter how much they are worth. and retailers that issue credit cards make explaining that: ‘‘The U.S. Constitu- Now, with the little public debate, Texas is money when their card holders run up large tion gives the federal government su- on the verge of making its bankruptcy pro- balances and pay the cards’ high interest premacy over the states in bankruptcy tections even more generous. Currently a rates. That’s why the card issuers try to put matters, so arguments that the federal bankrupt person can shelter from creditors a their cards in the hands of as many people as government should let states do as home and no more than one acre of land in possible, even people who are poor credit an urban area. But a proposed amendment to risks. they wish on this particular facet of the Texas Constitution would raise that But there’s a consequence for credit card bankruptcy law makes little sense.’’ limit to 10 acres. The limit would remain at issuers: Sometimes people file for bank- Indeed, even this Texas opinion- 200 acres in rural areas. ruptcy protection, and their debts are re- maker is supportive of reform, declar- Even more generously, the amendment, duced or discharged. The credit card industry wants to escape ing that: ‘‘State officials in Austin and which has passed the Texas legislature and goes to the voters in November, provides that consequence. Card issuers want to de- Washington should be at least willing that if you operate your business from your sign the law to keep people out of bank- to discuss limiting homestead protec- home, the business property is also pro- ruptcy court, so the debts can be collected tion. A few well-heeled and clever tected. Advocates say that would protect and, moreover, so the issuers can escape the bankruptcy filers shouldn’t be able to small family businesses, but it is written so expense of being careful about whom they mess over a state law designed to pro- broadly that it could allow a Houston prop- issue cards to. erty developer to shelter a huge office build- To satisfy the credit industry, the House tect average Texans. That mocks the and Senate included in their bills provisions state’s much-celebrated populist ing, so long as he lived in an apartment in it. In Washington, the Senate is expected to to make it harder for people to file under image.’’ consider a bankruptcy reform bill next Chapter 7 of the bankruptcy law, which basi- And the Tampa Tribune echoed these month. Like a bill that passed the House, it cally allows a filer to wipe away debts and sentiments, complaining that the Sen- would do nothing to limit the ways that the start fresh, or harder to file for bankruptcy formerly wealthy have of stiffing creditors, at all. ate bill does not go ‘‘far enough toward By caving in to the credit card industry, of which the unlimited homestead exemp- closing the loophole that allows debt- the Senate and House violated a principle of tions is only the best known. But the bill ors unlimited homestead exemptions bankruptcy law that Williamson of the would be a boon to the credit card compa- that protect the wealthiest from hav- Bankruptcy Review Commission has cham- nies, which have pushed hard to get it en- pioned: Balance. The law must work for ing to repay a significant portion of acted. It would help them by making it much their debt.’’ creditors and debtors. It should not become a harder for bankrupts to get our from under creditors’ collection aid. Everyone recognizes that this abuse credit card debt. That would primarily affect For including the pet provisions of the must be stopped, including leading pa- middle-income and poor people forced into credit card industry, the House and Senate bankruptcy by a job loss or large medical pers from the two states that tradi- bills deserve rebuke. But the bills also de- bills. serve criticism for what they fail to include. tionally have stood by the unlimited The bill deserves to be defeated, but if it is Neither bill took a step toward closing the exemption. I ask unanimous consent to be passed, it should be at least be amend- loophole that allows the ‘‘bankrupt’’ wealthy that these editorials be printed in the ed to keep Texas and Florida from providing to shelter assets in an expensive home. RECORD at the conclusion of my re- such blatant protection to once-wealthy Irresponsible but shrewd debtors sneak as- marks. deadbeats. sets through bankruptcy via a provision permitting them to take advantage of state The PRESIDING OFFICER. Without [From the Wisconsin State Journal, Sept. 7, homestead exemptions. Wisconsin’s home- objection, it is so ordered. (See Exhibit 1999] stead exemption is a modest $40,000. But five 1.) BANKRUPTCY BILL NEEDS WORK states—Texas, Florida, Iowa, Kansas and Mr. KOHL. Mr. President, indeed, If credit card issuers want to protect them- South Dakota—have unlimited exemptions. selves from deadbeats, let them do it with That’s how actor Burt Reynolds, former even Senator GRASSLEY and Senator Major League Baseball Commissioner Bowie HARKIN, who have cosponsored our sound lending practices—not by rigging federal bankruptcy law in their favor. It’s time Kuhn and others have held on to luxurious $100,000 cap, also recognize that we are homes while leaving millions in unpaid bills. for Congress to stop letting the credit card in the right, even though their home Sen. Kohl, D–Wis., has offered an amend- industry call the shots on legislation to re- ment to limit homestead exemptions to state of Iowa is one of the few states form federal bankruptcy law. with an unlimited exemption. $100,000. The amendment allows states to It’s time instead to listen to a couple of offer an exception for family farms. Let me make one final point: some guys from Wisconsin: Senator Herb Kohl, Kohl’s provision is sound. The Senate opt-out supporters, especially those sponsor of an amendment to the reform bill ought to take its bankruptcy bill back to the that would close an outrageous loophole, and drawing board, incorporate the homestead from Texas, cite history as a justifica- Madison lawyer Brady Williamson, chairman tion for their position. But just be- exemption limit and revise other provisions of the National Bankruptcy Review Commis- until the result is balanced between the in- cause something has historical ‘‘sig- sion, which spent two years studying the terests of creditors and debtors. nificance’’ doesn’t mean it’s right. For state of bankruptcy. If credit card issuers want to protect them- example, we don’t have debtors’ prison Unless Congress pays attention to Kohl, selves, let them do it with sound lending anymore. We don’t have sweatshops for Williamson and others who speak up for bal- practices, not by rigging the law in their children anymore. And Texas, as a ance in bankruptcy law, Americans are going favor. to get a law tilted to give the credit card in- matter of fact, is no longer part of dustry carte blanche. [From the Austin American-Statesman, July Mexico. All of these changes altered The House already has passed such a pro- 25, 1999] something of ‘‘historical significance;’’ posal, and the Senate is to consider its HOMESTEAD PROTECTION POPULAR, NOT all were for the better. And getting rid version this month. POPULIST of the unlimited homestead exemption The campaign to reform bankruptcy law is When it comes to their homesteads, don’t in bankruptcy would also be a change— based on evidence showing that the number mess with Texans. a dramatic change—for the better. of people filing for protection from creditors Texas congressional leaders vigorously op- under bankruptcy law has been sky- pose federal attempts to limit an unusual Mr. President, you can’t support our rocketing, despite a strong economy. In 1981 state law that prevents debtors from losing cap and also support an opt-out: It’s about 300,000 consumers filed petitions for the equity in their homes in bankruptcy pro- one or the other. I urge my colleagues bankruptcy. Last year the total was 1.4 mil- ceedings. to oppose the Hutchison/Brownback lion. Texas is one of five states that offers un- amendment and to support our bipar- Furthermore, there is evidence that a few limited homestead protection to the bank- people are abusing the law to escape debts tisan $100,000 cap instead. rupt. The century-old constitutional exemp- while they live it up on wealth protected tion reflects Texas’ historic support of pri- I yield the floor. from creditors’ reach. vate property rights and its populist past.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.107 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14489 But a recent federal study by the federal costing the average family $550 a year and cumstances,’’ such as a decline in income or General Accounting Office indicates that the American companies billions. unexpected medical expenses, before making exemption is more popular than populist. That’s why it is time to reform the na- the decision to shift a debtor into Chapter 13. Primarily it is the refuge of a few high-living tion’s bankruptcy laws and return the con- Nevertheless, opponents say the provision debtors, not the schooteachers and small cepts of fairness and responsibility to the is unfair because the debtor has the burden farmers it was intended to protect. system. Last year, with elections looming, of proving those circumstances exist. In our Texas political leaders need to heed the re- Congress failed to reach an agreement. This view that is not unfair. The debtor is the one port and consider some limits. year, however, it looks like Congress will fi- receiving the benefit of the bankruptcy. Last year, the Task Force congressional nally act, potentially by a veto-proof mar- The Senate bill is less stringent and would delegation helped defeat a $100,000 limit on gin. The House passed its version of reform give greater discretion in the matter to the the home equity (market value minus mort- in May, and the Senate is scheduled to take bankruptcy judge, who would have to con- gage debt) that could be sheltered during up its bill this month. There is bipartisan sider a debtor’s ability to repay his debts. bankruptcy. A uniform limit, of $100,000, is support among the senators for reform, and The Senate’s version requires only a showing being proposed in the U.S. Senate. Such a compromise with the House is likely to re- of ‘‘special circumstances’’ for a debtor to limit would adequately protect all but a tiny sult in new law. That is good news for all of avoid a transfer to Chapter 13. percentage of Texas debtors. us. Both bills recognize the obligation of a Of the approximately 14,000 Chapter 7 Those supporting reform include retailers, parent to pay child support. Both make sure bankruptcy cases closed in the Northern Dis- banks and other lenders, as well as many re- a debtor cannot put off collection efforts or trict of Texas in 1998, about half involved a sponsible consumers sick of having to pick delay making child support payments simply homestead exemption claim, GAO found. But up the tab for those who default on their by filing for bankruptcy. And child support only 83 of those claims, or just over 1 per- debts. Those opposed include some in the payments have been made a top priority cent, involved more than $100,000 in home eq- bankruptcy bar, who contend the legislation when determining which debts will be paid uity. favors big business at the expense of con- first. Texas’ unlimited protection is subject to sumers who truly need help, and consumer Unfortunately, neither bill goes far enough abuses, such as the case of a bankruptcy at- groups, which blame the ease with which toward closing the loophole that allows debt- torney who protected $386,000 in homestead consumers receive credit for increased bank- ors unlimited homestead exemptions that assets while seeking to escape $1.5 million in ruptcy filings. protect the wealthiest from having to repay debts. Some debtors who plan to file for Much has been written and said about who a significant portion of their debt. Last bankruptcy preemptively shield assets from is to blame for this ‘‘bankruptcy crisis.’’ year’s Senate bill would have made it impos- seizure by investing in an expensive home. Consumer groups blame banks, credit card sible for states to let a bankrupt person keep While even the bankrupt need and deserve companies and retailers who tempt bor- more than $100,000 equity in a home, which a roof over their heads, gross abuses of the rowers to live beyond their means. Indeed would certainly hurt a lot of debtors who bankruptcy system shouldn’t be tolerated. most Americans, whether they can afford headed to Florida to live in their multi- Besides the unfairness, overly generous state credit cards or not, know what it’s like to million-dollar mansions. laws threaten lenders, who then raise lend- open a mailbox filled with applications guar- But the conference committees threw out ing rates for other consumers. anteeing lines of credit. the provision and instead said simply that The U.S. Constitution gives the federal ‘‘Credit-card issuers are shameless to lobby states could let a bankrupt person retain any government supremacy over the state in for personal bankruptcy restrictions while house owned for at least two years before fil- bankruptcy matters, so arguments that the they aggressively market and extend cred- ing, no matter what its value. Both 1999 federal government should let states do as it,’’ says Stephen Brobeck, the Consumer versions retain this language. We would pre- they wish on this particular facet of bank- Federation’s executive director. fer Congress cap the amount of equity a ruptcy law make little sense. But access to credit has not been alto- debtor can retain in a home. Congress has long declared reform of fed- gether bad. For decades the federal govern- In a consumer-friendly mode, House law- eral bankruptcy laws, which debt-happy con- ment has encouraged industry to make cred- makers adopted an amendment requiring sumers have been using in large numbers. it and financial services available to a broad- credit-card companies to clearly disclose American consumer debt totals more than $1 er segment of society. As a result, strapped their fees for late payments and how long it trillion, according to the Federal Reserve. Americans have been able to buy what they would take customers to pay off balances And uncollected debt is rising. need when they need it. It has allowed for when they make only minimum monthly Consumer advocates have criticized bank- emergency purchases and long-term invest- payments. The House would also require ruptcy reform legislation for being skewed in ments. Ultimately it has benefited the Amer- companies to clearly reveal the expiration favor of creditors and high-rolling debtors. ican economy. dates of introductory ‘‘teaser rates’’ and the Though he supports the state exemption But the benefits of credit are not free, and higher interest rates replacing them. for homesteads, Sen. Phil Gramm, R–Texas, that is what Congress has recognized in Although we have only mentioned some of says it should be modernized to prevent pushing reform of the bankruptcy system. the proposed changes, the basic thrust of the abuses. ‘‘I do not support allowing people to Consumers share the blame. Filings are up legislation in both the House and Senate is go by real estate office to buy a $7 million in part because bankruptcy no longer carries the same—requiring at least some repay- house before they go by the law office to de- with it a sense of shame, and debtors have ment by those who have the ability to pay. clare bankruptcy,’’ he said in an interview failed to act fiscally responsible. Too many The differences in the two measures are not with the American-Statesman last week. of these debtors equate plastic with money- beyond compromise, and either approach Gramm says one solution would be to in-hand. They use one credit card to pay off would be an improvement over current law. allow the exemption only if the home pur- another or play a continuing and sloppy As we said last year, the goal of the bank- chase preceded the bankruptcy filing by a game with balance transfers, all the while ruptcy system is to match bankruptcy relief certain length of time. watching their debts increase. For them, to debtor need. Chapter 13 repayment plans The state’s homestead protection law has walking away from their responsibilities is accomplish this objective and restore per- bipartisan support, from Gov. George W. an easy answer. sonal responsibility to the system. The parallel bills making their way Bush to U.S. Rep. Sheila Jackson Lee, D– The PRESIDING OFFICER. Who Houston. through Congress would make it harder for State officials in Austin and Washington debtors to escape scot-free. Both encourage yields time? should at least be willing to discuss limiting personal responsibility by requiring those Mr. KOHL. I yield 1 minute to Sen- homestead protection. A few well-heeled and who are able to pay their debts to do so. At ator SESSIONS. clever bankruptcy filers shouldn’t be able to the same time no suggested changes are so The PRESIDING OFFICER. One mess over a state law designed to protect av- drastic as to crush hard-working debtors who minute remains. erage Texans. have had a run of bad luck. Mr. SESSIONS. Mr. President, Sen- The most controversial part of the House That mocks the state’s much celebrated ator KOHL and I asked earlier this year populist image. bill would block most middle- and upper-income debtors from using the bankruptcy for a GAO report on these cases. Ac- [From the Tampa Tribune, July 6, 1999] courts to walk away from their debts. Those cording to the Washington Post, CONGRESS IS ON THE RIGHT TRACK IN ACTING with annual family incomes above $51,000 ‘‘Homestead exemptions aid well-off TO REFORM BANKRUPTCY LAW who have the resources to pay at least 20 per- feud’’: Even during the unprecedented economic cent of what they owe over five years would Findings suggest the unlimited homestead good times of the past year, some 1.39 mil- be prohibited from wiping the slate clean. exemption is not the popular shield it has lion individuals and 44,000 businesses have This means they would have to restructure often been cracked up to be but a convenient sought protection from creditors in federal their debts under Chapter 13 of the bank- protection for a few affluent people. bankruptcy courts—more than ever before. ruptcy code rather than the more lenient The majority of these debtors, faced with Chapter 7, which erases debts. Judge Edith Jones on the Fifth Cir- medical emergencies or other crisis, had no Significantly, the bill allows bankruptcy cuit Court of Appeals from Texas said other choice. Others, however, used the sys- judges to take into account a debtor’s ac- recently as a member of the Bank- tem to escape debts they knowingly built up, count a debtor’s ‘‘extraordinary cir- ruptcy Commission:

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.048 pfrm02 PsN: S10PT2 S14490 CONGRESSIONAL RECORD — SENATE November 10, 1999 I agree with cap supporters that debtors [Rollcall Vote No. 363 Leg.] Snowe Voinovich Wellstone Stevens Warner Wyden have used liberal homestead laws, like that YEAS—29 of my home State Texas, to shelter large NAYS—22 amounts of wealth from their creditors. Allard Gramm Roberts Bennett Grams Shelby Allard Gregg Smith (NH) She went on to add: Brownback Gregg Smith (NH) Bennett Hagel Specter Bunning Hagel Specter Brownback Helms Thomas In principle, I do not oppose a $100,000 cap Burns Helms Stevens Craig Hutchison Thompson on homestead exemptions, particularly if it Campbell Hutchison Thomas Crapo Lautenberg Thurmond were indexed to account for inflation. Craig Inhofe Thompson Graham Mack Torricelli Crapo Lautenberg Thurmond Gramm Nickles This will be indexed, and I think Domenici Mack Torricelli Grams Roberts Graham Nickles Judge Jones is correct. ANSWERED ‘‘PRESENT’’—1 I yield the floor. NAYS—69 Fitzgerald The PRESIDING OFFICER. The Sen- Abraham Edwards Lincoln NOT VOTING—1 ator’s time has expired. Akaka Enzi Lott Mrs. HUTCHISON. How much time is Ashcroft Feingold Lugar McCain Baucus Feinstein McConnell on our side? Bayh Frist Mikulski The amendment (No. 3514) was agreed The PRESIDING OFFICER. One Biden Gorton Moynihan to. minute 8 seconds. Bingaman Grassley Murkowski Mr. LOTT. I move to reconsider the Bond Harkin Murray vote. Mrs. HUTCHISON. Mr. President, let Boxer Hatch Reed Mr. GRASSLEY. I move to lay that Breaux Hollings Reid me make a statement and then I am motion on the table. going to yield the remainder of my Bryan Hutchinson Robb Byrd Inouye Rockefeller The motion to lay on the table was time to the cosponsor of the amend- Chafee, L. Jeffords Roth agreed to. ment, Senator GRAHAM of Florida. Cleland Johnson Santorum The PRESIDING OFFICER (Mr. SES- The GAO report said that 1 percent Cochran Kennedy Sarbanes Collins Kerrey Schumer SIONS). Under the previous order, the may be trying to use the bankruptcy Conrad Kerry Sessions Senator from Minnesota, Mr. laws. Are we going to throw seniors out Coverdell Kohl Smith (OR) WELLSTONE, is recognized to offer an on the streets? Eighty-one percent of Daschle Kyl Snowe DeWine Landrieu Voinovich amendment relative to agriculture, Americans 65 years or older are home- Dodd Leahy Warner and there are 4 hours of debate pro- owners. Are we going to throw them Dorgan Levin Wellstone vided. out on the streets to try to get one per- Durbin Lieberman Wyden Mr. WELLSTONE. Mr. President, my son who is not using the system fairly? ANSWERED ‘‘PRESENT’’—1 understanding is—let me see if I get I do not think that is good policy. Fitzgerald this right—that we are in the process I yield the remainder of my time to of trying to work out some kind of ar- the Senator from Florida. NOT VOTING—1 rangement which may work better for The PRESIDING OFFICER. The Sen- McCain colleagues in terms of their schedules, ator is recognized for 30 seconds. The amendment (No. 2778) was rein which case soon we would start on Mr. GRAHAM. Mr. President, it has jected. this debate. We might very well finish been said that the core issues in poli- Mr. NICKLES. I move to reconsider up when we come back with a final tics are: Who wins, who loses, and who the vote and to lay that motion on the vote. decides. Historically, the decision as to table. If that is the case, I would agree to the level of exemption of a person’s The motion to lay on the table was Senator ASHCROFT speaking now for 7 homestead has been set by the States. agreed to. minutes while we are working out this agreement; with the understanding In my State, it has been set in a con- VOTE ON AMENDMENT NO. 3516 that after Senator ASHCROFT speaks for stitutional amendment which required The PRESIDING OFFICER (Mr. 7 minutes, then the pending business a vote of a majority of the citizens of BUNNING). The question is on agreeing would be this amendment. Florida. I believe that is where the de- to amendment No. 2516. The yeas and The PRESIDING OFFICER. Is there cision should continue to rest. nays have been ordered. The clerk will objection? call the roll. The amendment that is being offered Mr. GRASSLEY. Reserving the right The legislative clerk called the roll. by the Senator from Texas, and her to object, and when people understand Mr. FITZGERALD (when his name supporters, would provide for the what we are up to, there will not be was called). Present. States to continue to exercise that au- any objection. We have a unanimous thority, by making an affirmative elec- Mr. NICKLES. I announce that the consent request on the managers’ tion to opt out of the arbitrary $100,000 Senator from Arizona (Mr. MCCAIN) is amendment that will take 30 seconds. I limit which is being proposed by the necessarily absent. would like to get that out of the way. advocates of the underlying amend- The result was announced—yeas 76, Mr. REID. Mr. President, I ask unan- ment. nays 22, as follows: imous consent that the Wellstone I urge adoption of the second-degree [Rollcall Vote No. 364 Leg.] amendment be set aside for purposes of amendment. YEAS—76 this managers’ amendment. The PRESIDING OFFICER. All time Abraham Domenici Leahy The PRESIDING OFFICER. Without has expired. Akaka Dorgan Levin objection, it is so ordered. Ashcroft Durbin Lieberman The Senator from Iowa is recognized VOTE ON AMENDMENT NO. 2778 Baucus Edwards Lincoln to offer his amendment. The PRESIDING OFFICER. Under Bayh Enzi Lott Biden Feingold AMENDMENT NO. 2515, AS MODIFIED the previous order, the question now is Lugar Bingaman Feinstein McConnell (Purpose: To make technical and conforming on agreeing to the Hutchison second- Bond Frist Mikulski amendments, and for other purposes) Boxer Gorton degree amendment No. 2778. The yeas Moynihan Breaux Grassley Mr. GRASSLEY. Mr. President, I will and nays have been ordered. The clerk Murkowski Bryan Harkin be somewhat repetitive of what Sen- will call the roll. Murray Bunning Hatch ator REID has said, but I ask unani- The legislative assistant called the Burns Hollings Reed Byrd Hutchinson Reid mous consent that the pending amend- roll. Campbell Inhofe Robb ment be laid aside, and that the Senate Mr. FITZGERALD (when his name Chafee, L. Inouye Rockefeller now proceed to amendment No. 2515, was called). Present. Cleland Jeffords Roth Cochran Johnson Santorum and following the reporting by the Mr. NICKLES. I announce that the Collins Kennedy Sarbanes clerk, the amendment be modified with Senator from Arizona (Mr. MCCAIN) is Conrad Kerrey Schumer the text I now send to the desk, and necessarily absent. Coverdell Kerry Sessions that the amendment be agreed to, and Daschle Kohl The result was announced—yeas 29, Shelby the motion to reconsider be laid upon DeWine Kyl Smith (OR) nays 69, as follows: Dodd Landrieu the table.

VerDate 29-OCT-99 00:30 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.108 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14491 The PRESIDING OFFICER. Without On page 18, line 12, strike ‘‘are’’ and insert a debtor shall be liable for damages in an objection, it is so ordered. ‘‘is’’. amount equal to the sum of— The clerk will report the amendment. On page 18, line 15, strike ‘‘those pro- ‘‘(i) any actual damages sustained by the The legislative clerk read as follows: grams’’ and insert ‘‘that agency’’. debtor as a result of the violation; and On page 18, line 21, insert after the period ‘‘(ii) any court costs or reasonable attor- The Senator from Iowa [Mr. GRASSLEY] for the following: ‘‘Notwithstanding the pre- neys’ fees (as determined by the court) in- himself, Mr. TORRICELLI, and Mr. LEAHY, pro- ceding sentence, a nonprofit budget and cred- poses an amendment numbered 2515, as modi- curred in an action to recover those dam- it counseling service may be disapproved by fied. ages.’’. the United States trustee or bankruptcy ad- On page 22, strike the matter between lines The amendment, as modified, is as ministrator at any time.’’. 3 and 4, and insert the following: follows: On page 19, lines 4 and 5, strike ‘‘credit ‘‘111. Nonprofit budget and credit counseling On page 6, line 12, insert ‘‘11 or’’ after counseling service’’ and insert ‘‘budget and agencies; financial manage- ‘‘chapter’’. credit counseling agency’’. ment instructional courses.’’. On page 6, line 24, insert ‘‘11 or’’ after On page 21, lines 6 and 7, strike ‘‘credit ‘‘chapter’’. counseling service’’ and insert ‘‘approved On page 30, line 11, insert ‘‘, including in- On page 12, lines 21 and 22, strike ‘‘was not nonprofit budget and credit counseling agen- terest that accrues on that debt as provided substantially justified’’ and insert ‘‘was friv- cy’’. under applicable nonbankruptcy law not- olous’’. On page 21, lines 10 and 11, strike ‘‘credit withstanding any other provision of this On page 14, strike lines 8 through 14 and in- counseling service’’ and insert ‘‘approved title,’’ after ‘‘under this title’’. sert the following: nonprofit budget and credit counseling agen- On page 30, lines 14 and 15, strike ‘‘or legal ‘‘(C)(i) No judge, United States trustee, cy’’. guardian; or’’ and insert ‘‘, legal guardian, or panel trustee, bankruptcy administrator, or On page 21, line 16, strike ‘‘Credit coun- responsible relative; or’’. other party in interest shall bring a motion seling services’’ and insert ‘‘Nonprofit budg- On page 30, line 21, strike ‘‘or legal guard- under section 707(b)(2) if the debtor and the et and credit counseling agencies’’. ian’’. debtor’s spouse combined, as of the date of On page 21, line 19, strike ‘‘credit coun- On page 31, line 10, strike ‘‘or legal guard- the order for relief, have current monthly seling services’’ and insert ‘‘nonprofit budget ian’’ and insert ‘‘, legal guardian, or respon- total income equal to or less than the na- and credit counseling agencies’’. sible relative’’. tional or applicable State median household On page 21, line 25, strike the quotation On page 32, line 9, strike all through line 3 monthly income calculated (subject to marks and the final period. on page 33 and insert the following: clause (ii)) on a semiannual basis of a house- On page 21, after line 25, insert the fol- ‘‘(1) First: hold of equal size. lowing: ‘‘(A) Allowed unsecured claims for domes- ‘‘(ii) For a household of more than 4 indi- ‘‘(b) For inclusion on the approved list tic support obligations that, as of the date of viduals, the median income shall be that of under subsection (a), the United States the filing of the petition, are owed to or re- a household of 4 individuals, plus $583 for trustee or bankruptcy administrator shall coverable by a spouse, former spouse, or each additional member of that household.’’. require the credit counseling service, at a child of the debtor, or the parent, legal On page 14, in the matter between lines 18 minimum— guardian, or responsible relative of such and 19, insert ‘‘11 or’’ after ‘‘chapter’’. ‘‘(1) to be a nonprofit budget and credit child, without regard to whether the claim is On page 14, after the matter between lines counseling agency, the majority of the board filed by such person or is filed by a govern- 18 and 19, insert the following: of directors of which— mental unit on behalf of that person, on the SEC. 103. FINDINGS AND STUDY. ‘‘(A) are not employed by the agency; and condition that funds received under this (a) FINDINGS.—Congress finds that the Sec- ‘‘(B) will not directly or indirectly benefit paragraph by a governmental unit under this retary of the Treasury has the inherent au- financially from the outcome of a credit title after the date of filing of the petition thority to alter the Internal Revenue Service counseling session; shall be applied and distributed in accord- standards established to set guidelines for ‘‘(2) if a fee is charged for counseling serv- ance with applicable nonbankruptcy law. repayment plans as needed to accommodate ices, to charge a reasonable fee, and to pro- ‘‘(B) Subject to claims under subparagraph their use under section 707(b) of title 11, vide services without regard to ability to pay (A), allowed unsecured claims for domestic United States Code. the fee; support obligations that, as of the date the (b) STUDY.— ‘‘(3) to provide for safekeeping and pay- petition was filed are assigned by a spouse, (1) IN GENERAL.—Not later than 3 years ment of client funds, including an annual former spouse, child of the debtor, or such after the date of enactment of this Act, the audit of the trust accounts and appropriate child’s parent, legal guardian, or responsible Secretary of the Treasury, in consultation employee bonding; relative to a governmental unit (unless such with the Director of the Executive Office of ‘‘(4) to provide full disclosures to clients, obligation is assigned voluntarily by the United States Trustees, shall submit a re- including funding sources, counselor quali- spouse, former spouse, child, parent, legal port to the Committee on the Judiciary of fications, and possible impact on credit re- guardian, or responsible relative of the child the Senate and the Committee on the Judici- ports; for the purpose of collecting the debt) or are ary of the House of Representatives con- ‘‘(5) to provide adequate counseling with owed directly to or recoverable by a govern- taining the findings of the Secretary con- respect to client credit problems that in- ment unit under applicable nonbankruptcy cerning the utilization of Internal Revenue cludes an analysis of their current situation, law, on the condition that funds received Service standards for determining— what brought them to that financial status, under this paragraph by a governmental unit (A) the current monthly expenses of a and how they can develop a plan to handle under this title after the date of filing of the debtor under section 707(b) of title 11, United the problem without incurring negative am- petition be applied and distributed in accord- States Code; and ortization of their debts; and ance with applicable nonbankruptcy law.’’. (B) the impact that the application of ‘‘(6) to provide trained counselors who re- On page 33, line 4, strike all through page those standards has had on debtors and on ceive no commissions or bonuses based on 37, line 6 and insert the following: the bankruptcy courts. the counseling session outcome. SEC. 213. REQUIREMENTS TO OBTAIN CONFIRMA- (2) RECOMMENDATION.—The report under ‘‘(c)(1) In this subsection, the term ‘credit TION AND DISCHARGE IN CASES IN- paragraph (1) may include recommendations counseling service’— VOLVING DOMESTIC SUPPORT OBLI- for amendments to title 11, United States ‘‘(A) means— GATIONS. Code, that are consistent with the findings of ‘‘(i) a nonprofit credit counseling service Title 11, United States Code, is amended— the Secretary of the Treasury under para- approved under subsection (a); and (1) in section 1129(a), by adding at the end graph (1). ‘‘(ii) any other consumer education pro- the following: On page 14, line 19, strike ‘‘103’’ and insert gram carried out by— ‘‘(14) If the debtor is required by a judicial ‘‘104’’. or administrative order or statute to pay a On page 15, line 12, strike ‘‘104’’ and insert ‘‘(I) a trustee appointed under chapter 13; domestic support obligation, the debtor has ‘‘105’’. or On page 15, lines 9 and 10, strike ‘‘credit ‘‘(II) any other public or private entity or paid all amounts payable under such order or counseling service’’ and insert ‘‘nonprofit individual; and statute for such obligation that first become budget and credit counseling agency’’. ‘‘(B) does not include any counseling serv- payable after the date on which the petition On page 17, line 19, strike ‘‘105’’ and insert ice provided by the attorney of the debtor or is filed.’’; ‘‘106’’. an agent of the debtor. (2) in section 1208(c)— On page 18, lines 3 and 4, strike ‘‘credit ‘‘(2)(A) No credit counseling service may (A) in paragraph (8), by striking ‘‘or’’ at counseling service’’ and insert ‘‘budget and provide to a credit reporting agency informa- the end; credit counseling agency’’. tion concerning whether an individual debtor (B) in paragraph (9), by striking the period On page 18, line 5, insert ‘‘(including a has received or sought instruction con- at the end and inserting ‘‘; and’’; and briefing conducted by telephone)’’ after cerning personal financial management from (C) by adding at the end the following: ‘‘briefing’’. the credit counseling service. ‘‘(10) failure of the debtor to pay any do- On page 18, line 12, strike ‘‘credit coun- ‘‘(B) A credit counseling service that will- mestic support obligation that first becomes seling services’’ and insert ‘‘budget and cred- fully or negligently fails to comply with any payable after the date on which the petition it counseling agency’’. requirement under this title with respect to is filed.’’;

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.111 pfrm02 PsN: S10PT2 S14492 CONGRESSIONAL RECORD — SENATE November 10, 1999 (3) in section 1222(a)— ‘‘(10) provide for the payment of interest (C) by striking paragraph (18); and (A) in paragraph (2), by striking ‘‘and’’ at accruing after the date of the filing of the On page 41, line 4, strike ‘‘(5)’’ and insert the end; petition on unsecured claims that are non- ‘‘(4)’’. (B) in paragraph (3), by striking the period dischargeable under section 1328(a), except On page 41, line 7, strike ‘‘(5)’’ and insert at the end and inserting ‘‘; and’’; and that such interest may be paid only to the ‘‘(4)’’. (C) by adding at the end the following: extent that the debtor has disposable income On page 41, line 12, strike ‘‘(5)’’ and insert ‘‘(4) notwithstanding any other provision available to pay such interest after making ‘‘(4)’’. of this section, a plan may provide for less provision for full payment of all allowed On page 43, strike lines 16 through 20 and than full payment of all amounts owed for a claims; and’’; insert the following: Section 1225(b)(2)(A) of claim entitled to priority under section (10) in section 1325(a)— title 11, United States Code, is amended by 507(a)(1)(B) only if the plan provides that all (A) in paragraph (5), by striking ‘‘and’’ at inserting ‘‘or for a domestic support obliga- of the debtor’s projected disposable income the end; tion that first becomes payable after the for a 5-year period, beginning on the date (B) in paragraph (6), by striking the period date on which the petition is filed’’ after that the first payment is due under the plan, at the end and inserting ‘‘; and’’; and ‘‘dependent of the debtor’’. will be applied to make payments under the (C) by adding at the end the following: On page 43, strike line 22 through page 44, plan.’’; ‘‘(7) if the debtor is required by a judicial line 2, and insert the following: (4) in section 1222(b)— or administrative order or statute to pay a Section 1325(b)(2)(A) of title 11, United States (A) by redesignating paragraph (10) as domestic support obligation, the debtor has Code, is amended by inserting ‘‘or for a do- paragraph (11); and paid amounts payable after the date on mestic support obligation that first becomes (B) by inserting after paragraph (9) the fol- which the petition is filed.’’; and payable after the date on which the petition lowing: (11) in section 1328(a), in the matter pre- is filed’’ after ‘‘dependent of the debtor’’. ‘‘(10) provide for the payment of interest ceding paragraph (1), by inserting ‘‘, and in On page 44, line 14, strike ‘‘for support’’ accruing after the date of the filing of the the case of a debtor who is required by a ju- through line 16, and insert ‘‘for a domestic petition on unsecured claims that are non- dicial or administrative order to pay a do- support obligation,’’. dischargeable under section 1328(a), except mestic support obligation, after such debtor On page 45, line 23, strike ‘‘and’’. that such interest may be paid only to the certifies that all amounts payable under On page 45, between lines 23 and 24, insert extent that the debtor has disposable income such order or statute that are due on or be- the following: available to pay such interest after making fore the date of the certification (including ‘‘(III) the last recent known name and ad- provision for full payment of all allowed amounts due before the petition was filed, dress of the debtor’s employer; and claims;’’; but only to the extent provided for in the On page 45, line 24, strike ‘‘(III)’’ and insert (5) in section 1225(a)— plan) have been paid’’ after ‘‘completion by ‘‘(IV)’’. (A) in paragraph (5), by striking ‘‘and’’ at the debtor of all payments under the plan’’. On page 46, strike lines 6 through 11 and in- the end; On page 37, strike lines 10 and 11 and insert sert the following: (B) in paragraph (6), by striking the period ‘‘amended by striking paragraph (2) and in- ‘‘(2)(A) A holder of a claim or a State child at the end and inserting ‘‘; and’’; and serting the’’. support agency may request from a creditor (C) by adding at the end the following: On page 37, lines 14 and 15, strike ‘‘of an ac- described in paragraph (1)(B)(iii)(IV) the last ‘‘(7) if the debtor is required by a judicial tion or proceeding for—’’ and insert ‘‘or con- known address of the debtor. or administrative order or statute to pay a tinuation of a civil action or proceeding—’’. On page 46, line 19, strike ‘‘(b)’’ and insert domestic support obligation, the debtor has On page 37, line 16, insert ‘‘for’’ after ‘‘(i)’’. ‘‘(a)’’. paid all amounts payable under such order On page 37, line 19, insert ‘‘for’’ after ‘‘(ii)’’. On page 46, line 20, strike ‘‘(5)’’ and insert for such obligation that first become payable On page 37, line 21, strike ‘‘or’’. ‘‘(6)’’. after the date on which the petition is On page 37, between lines 21 and 22, insert On page 46, line 22, strike ‘‘(6)’’ and insert filed.’’; the following: ‘‘(7)’’. (6) in section 1228(a), in the matter pre- ‘‘(iii) concerning child custody or visita- On page 47, strike lines 1 through 6 and in- ceding paragraph (1), by inserting ‘‘, and in tion; sert the following: the case of a debtor who is required by a ju- ‘‘(iv) for the dissolution of a marriage ex- ‘‘(8) if, with respect to an individual debt- dicial or administrative order to pay a do- cept to the extent that such a proceeding or, there is a claim for a domestic support mestic support obligation, after such debtor seeks to determine the division of property obligation, provide the applicable notifica- certifies that all amounts payable under which is property of the estate; or tion specified in subsection (c).’’; and such order or statute that are due on or be- ‘‘(v) regarding domestic violence; On page 47, line 8, strike ‘‘(b)(7)’’ and insert fore the date of the certification (including On page 37, line 24, strike the quotation ‘‘(a)(7)’’. amounts due before the petition was filed, marks and second semicolon. On page 48, line 7, strike ‘‘and’’. but only to the extent provided for in the On page 37, after line 24, add the following: On page 48, insert between lines 7 and 8 the plan) have been paid’’ after ‘‘completion by ‘‘(C) with respect to the withholding of in- following: the debtor of all payments under the plan’’; come that is property of the estate or prop- ‘‘(III) the last recent known name and ad- (7) in section 1307(c)— erty of the debtor for payment of a domestic dress of the debtor’s employer; and’’ (A) in paragraph (9), by striking ‘‘or’’ at support obligation pursuant to a judicial or On page 48, line 8, strike ‘‘(III)’’ and insert the end; administrative order; ‘‘(IV)’’. (B) in paragraph (10), by striking the pe- ‘‘(D) the withholding, suspension, or re- On page 48, line 11, strike ‘‘(4), or (14A)’’ riod at the end and inserting ‘‘; or’’; and striction of drivers’ licenses, professional and insert ‘‘(3), or (14)’’. (C) by adding at the end the following: and occupational licenses, and recreational On page 48, strike lines 15 through 20 and ‘‘(11) failure of the debtor to pay any do- licenses under State law, as specified in sec- insert the following: mestic support obligation that first becomes tion 466(a)(16) of the Social Security Act (42 ‘‘(2)(A) A holder of a claim or a State child payable after the date on which the petition U.S.C. 666(a)(16)); support agency may request from a creditor is filed.’’; ‘‘(E) the reporting of overdue support owed described in paragraph (1)(B)(iii)(IV) the last (8) in section 1322(a)— by a parent to any consumer reporting agen- known address of the debtor. (A) in paragraph (2), by striking ‘‘and’’ at cy as specified in section 466(a)(7) of the So- On page 49, strike lines 9 through 14 and in- the end; cial Security Act (42 U.S.C. 666(a)(7)); sert the following: (B) in paragraph (3), by striking the period ‘‘(F) the interception of tax refunds, as ‘‘(6) if, with respect to an individual debt- at the end and inserting ‘‘; and’’; and specified in sections 464 and 466(a)(3) of the or, there is a claim for a domestic support (C) by adding in the end the following: Social Security Act (42 U.S.C. 664 and obligation, provide the applicable notifica- ‘‘(4) notwithstanding any other provision 666(a)(3)) or under an analogous State law; or tion specified in subsection (c).’’; and of this section, a plan may provide for less ‘‘(G) the enforcement of medical obliga- On page 50, line 16, strike ‘‘and’’. than full payment of all amounts owed for a tions as specified under title IV of the Social On page 50, insert between lines 16 and 17 claim entitled to priority under section Security Act (42 U.S.C. 601 et seq.).’’; the following: 507(a)(1)(B) only if the plan provides that all On page 38, line 12, strike all through page ‘‘(III) the last recent known name and ad- of the debtor’s projected disposable income 39, line 25. dress of the debtor’s employer; and’’. for a 5-year period beginning on the date On page 40, between lines 13 and 14, insert On page 50, line 17, strike ‘‘(III)’’ and insert that the first payment is due under the plan the following: ‘‘(IV)’’. will be applied to make payments under the (i) by inserting ‘‘to a spouse, former On page 50, line 20, strike ‘‘(4), or (14A)’’ plan.’’; spouse, or child of the debtor and’’ before and insert ‘‘(3), or (14)’’. (9) in section 1322(b)— ‘‘not of the kind’’. On page 50, strike line 24 and all that fol- (A) in paragraph (9), by striking ‘‘; and’’ On page 40, line 14, strike ‘‘(i)’’ and insert lows through page 51, line 4 and insert the and inserting a semicolon; ‘‘(ii)’’. following: (B) by redesignating paragraph (10) as On page 40, line 16, strike ‘‘(ii)’’ and insert ‘‘(2)(A) A holder of a claim or a State child paragraph (11); and ‘‘(iii)’’. support agency may request from a creditor (C) inserting after paragraph (9) the fol- On page 40, insert between lines 18 and 19 described in paragraph (1)(B)(iii)(IV) the last lowing: the following: known address of the debtor.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.052 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14493 On page 51, strike lines 19 through 24 and ‘‘(C) in the case of funds paid or contrib- On page 119, line 21, strike ‘‘(h)’’ and insert insert the following: uted to such program having the same des- ‘‘(i)’’. ‘‘(6) if, with respect to an individual debt- ignated beneficiary not earlier than 720 days On page 120, line 11, strike ‘‘(i)’’ and insert or, there is a claim for a domestic support nor later than 365 days before such date, only ‘‘(j)’’. obligation, provide the applicable notifica- so much of such funds as does not exceed On page 124, strike lines 7 through 14 and tion specified in subsection (d).’’; and $5,000; or’’; and insert the following: On page 52, line 24, strike ‘‘and’’. (2) by adding at the end the following: SEC. 321. CHAPTER 11 CASES FILED BY INDIVID- On page 52, after line 24, add the following: ‘‘(g) In determining whether any of the re- UALS. ‘‘(III) the last recent known name and ad- lationships specified in paragraph (6)(A) or (a) PROPERTY OF THE ESTATE.— dress of the debtor’s employer; and’’. (7)(A) of subsection (b) exists, a legally (1) IN GENERAL.—Subchapter I of chapter 11 On page 53, line 1, strike ‘‘(III)’’ and insert adopted child of an individual (and a child of title 11, United States Code, is amended by ‘‘(IV)’’. who is a member of an individual’s house- adding at the end the following: On page 53, line 4, strike ‘‘(4), or (14A)’’ and hold, if placed with such individual by an au- ‘‘§ 1115. Property of the estate insert ‘‘(3), or (14)’’. thorized placement agency for legal adoption ‘‘In a case concerning an individual, prop- On page 53, strike lines 8 through 12 and in- by such individual), or a foster child of an in- erty of the estate includes, in addition to the sert the following: dividual (if such child has as the child’s prin- property specified in section 541— ‘‘(2)(A) A holder of a claim or a State child cipal place of abode the home of the debtor ‘‘(1) all property of the kind specified in support agency may request from a creditor and is a member of the debtor’s household) section 541 that the debtor acquires after the described in paragraph (1)(B)(iii)(IV) the last shall be treated as a child of such individual commencement of the case but before the known address of the debtor. by blood.’’. case is closed, dismissed, or converted to a On page 76, line 15, strike ‘‘523(a)(9)’’ and (b) DEBTOR’S DUTIES.—Section 521 of title case under chapter 7, 12, or 13, whichever oc- insert ‘‘523(a)(8)’’. 11, United States Code, as amended by sec- curs first; and On page 82, strike lines 4 through 9 and in- tions 105(d), 304(c)(1), 305(2), 315(b), and 316 of ‘‘(2) earnings from services performed by sert ‘‘title 11, United States Code, is amend- this Act, is amended by adding at the end the debtor after the commencement of the ed by adding at the end the following:’’. the following: case but before the case is closed, dismissed, On page 82, line 10, strike ‘‘(19)’’ and insert ‘‘(k) In addition to meeting the require- or converted to a case under chapter 7, 12, or ‘‘(18)’’. ments under subsection (a), a debtor shall 13, whichever occurs first.’’. On page 83, between lines 4 and 5, insert file with the court a record of any interest (2) CLERICAL AMENDMENT.—The table of the following: that a debtor has in an education individual sections for chapter 11 of title 11, United SEC. 225. PROTECTION OF EDUCATION SAVINGS. retirement account (as defined in section States Code, is amended by adding at the end (a) EXCLUSIONS.—Section 541 of title 11, 530(b)(1) of the Internal Revenue Code of 1986) of the matter relating to subchapter I the United States Code, as amended by section or under a qualified State tuition program following: 903, is amended— (as defined in section 529(b)(1) of such ‘‘1115. Property of the estate.’’. (1) in subsection (b)— Code).’’. On page 91, between lines 18 and 19, insert (b) CONTENTS OF PLAN.—Section 1123(a) of (A) by redesignating paragraph (6) as para- title 11, United States Code, is amended— graph (8); and the following: ODIFICATION OF A RESTRICTION RELAT- (1) in paragraph (6), by striking ‘‘and’’ at (B) by inserting after paragraph (5) the fol- (c) M ING TO WAIVERS.—Section 522(e) of title 11, the end; lowing: United States Code, is amended— (2) in paragraph (7), by striking the period ‘‘(6) funds placed in an education indi- (1) in the first sentence, by striking ‘‘sub- and inserting ‘‘; and’’; and vidual retirement account (as defined in sec- section (b) of this section’’ and inserting (3) by adding at the end the following: tion 530(b)(1) of the Internal Revenue Code of ‘‘subsection (b), other than under paragraph ‘‘(8) in a case concerning an individual, 1986) not later than 365 days before the date (3)(C) of that subsection’’; and provide for the payment to creditors through of filing of the petition, but— (2) in the second sentence— the plan of all or such portion of earnings ‘‘(A) only if the designated beneficiary of (A) by inserting ‘‘(other than property de- from personal services performed by the such account was a son, daughter, stepson, scribed in subsection (b)(3)(C))’’ after ‘‘prop- debtor after the commencement of the case stepdaughter, grandchild, or step-grandchild erty’’ each place it appears; and or other future income of the debtor as is of the debtor for the taxable year for which (B) by inserting ‘‘(other than a transfer of necessary for the execution of the plan.’’. funds were placed in such account; property described in subsection (b)(3)(C))’’ (c) CONFIRMATION OF PLAN.— ‘‘(B) only to the extent that such funds— after ‘‘transfer’’ each place it appears. (1) REQUIREMENTS RELATING TO VALUE OF ‘‘(i) are not pledged or promised to any en- On page 91, line 23, strike ‘‘105(d)’’ and in- PROPERTY.—Section 1129(a) of title 11, United tity in connection with any extension of sert ‘‘106(d)’’. States Code, is amended by adding at the end credit; and On page 92, line 17, strike ‘‘(C)’’ and insert the following: ‘‘(ii) are not excess contributions (as de- ‘‘(D)’’. ‘‘(14) In a case concerning an individual in scribed in section 4973(e) of the Internal Rev- On page 92, line 18, strike ‘‘(b)’’ and insert which the holder of an allowed unsecured enue Code of 1986); and ‘‘(c)’’. claim objects to the confirmation of the ‘‘(C) in the case of funds placed in all such On page 94, line 25, strike ‘‘105(d)’’ and in- plan— accounts having the same designated bene- sert ‘‘106(d)’’. ‘‘(A) the value of the property to be dis- ficiary not earlier than 720 days nor later On page 95, line 16, strike ‘‘(c)’’ and insert tributed under the plan on account of such than 365 days before such date, only so much ‘‘(d)’’. claim is, as of the effective date of the plan, of such funds as does not exceed $5,000; On page 109, line 13, strike ‘‘by adding at not less than the amount of such claim; or ‘‘(7) funds used to purchase a tuition credit the end’’ and insert ‘‘by inserting after sub- ‘‘(B) the value of the property to be distrib- or certificate or contributed to an account in section (e)’’. uted under the plan is not less than the debt- accordance with section 529(b)(1)(A) of the On page 111, line 18, insert ‘‘(a) IN GEN- or’s projected disposable income (as that Internal Revenue Code of 1986 under a quali- ERAL.—’’ before ‘‘Section’’. term is defined in section 1325(b)(2)) to be re- fied State tuition program (as defined in sec- On page 112, line 14, insert a dash after the ceived during the 3-year period beginning on tion 529(b)(1) of such Code) not later than 365 period. the date that the first payment is due under days before the date of filing of the petition, On page 112, line 19, strike ‘‘(4)’’ and insert the plan, or during the term of the plan, but— ‘‘(3)’’. whichever is longer.’’. ‘‘(A) only if the designated beneficiary of On page 112, line 20, strike ‘‘(3)(B), (5), (8), (2) REQUIREMENT RELATING TO INTERESTS IN the amounts paid or contributed to such tui- or (9) of section 523(a)’’ and insert ‘‘(4), (7), or PROPERTY.—Section 1129(b)(2)(B)(ii) of title tion program was a son, daughter, stepson, (8) of section 523(a)’’. 11, United States Code, is amended by insert- stepdaughter, grandchild, or step-grandchild On page 116, line 16, strike ‘‘(d)(1)’’ and in- ing before the period at the end the fol- of the debtor for the taxable year for which sert ‘‘(e)(1)’’. lowing: ‘‘, except that in a case concerning funds were paid or contributed; On page 117, line 5, strike ‘‘(e)’’ and insert an individual, the debtor may retain prop- ‘‘(B) with respect to the aggregate amount ‘‘(f)’’. erty included in the estate under section paid or contributed to such program having On page 118, line 1, strike ‘‘(A) beginning’’ 1115, subject to the requirements of sub- the same designated beneficiary, only so and insert the following: section (a)(14)’’. much of such amount as does not exceed the ‘‘(A) beginning’’. (d) EFFECT OF CONFIRMATION—Section total contributions permitted under section On page 118, line 5, strike ‘‘(B) thereafter,’’ 1141(d) of title 11, United States Code, is 529(b)(7) of such Code with respect to such and insert the following: amended— beneficiary, as adjusted beginning on the ‘‘(B) thereafter,’’. (1) in paragraph (2), by striking ‘‘The con- date of the filing of the petition by the an- On page 118, line 8, strike ‘‘(f)(1)’’ and in- firmation of a plan does not discharge an in- nual increase or decrease (rounded to the sert ‘‘(g)(1)’’. dividual debtor’’ and inserting ‘‘A discharge nearest tenth of 1 percent) in the education On page 118, strike line 23 and insert the under this chapter does not discharge a debt- expenditure category of the Consumer Price following: ‘‘subsection (h)’’. or’’; and Index prepared by the Department of Labor; On page 118, line 24, strike ‘‘(g)(1)’’ and in- (2) by adding at the end the following: and sert ‘‘(h)(1)’’. ‘‘(5) In a case concerning an individual—

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.052 pfrm02 PsN: S10PT2 S14494 CONGRESSIONAL RECORD — SENATE November 10, 1999 ‘‘(A) except as otherwise ordered for cause made to the creditors described in subpara- lowing: ‘‘that poses a risk to the estate or to shown, the discharge is not effective until graph (A).’’. the public’’. completion of all payment under the plan; On page 145, between lines 15 and 16, insert On page 164, line 3, insert ‘‘repeated’’ be- and the following: fore ‘‘failure’’. ‘‘(B) at any time after the confirmation of SEC. 420. MORE COMPLETE INFORMATION RE- On page 165, line 2, strike ‘‘and’’. the plan and after notice and a hearing, the GARDING ASSETS OF THE ESTATE. On page 165, line 3, insert ‘‘confirmed’’ be- court may grant a discharge to a debtor that (a) IN GENERAL.— fore ‘‘plan’’. has not completed payments under the plan (1) DISCLOSURE.—The Advisory Committee On page 165, line 4, strike the period and only if— on Bankruptcy Rules of the Judicial Con- insert ‘‘; and’’. ‘‘(i) for each allowed unsecured claim, the ference of the United States, after consider- On page 165, between lines 4 and 5, insert value as of the effective date of the plan, of ation of the views of the Director of the Ex- the following: property actually distributed under the plan ecutive Office for the United States Trust- ‘‘(P) failure of the debtor to pay any do- on account of that claim is not less than the ees, shall propose for adoption amended Fed- mestic support obligation that first becomes amount that would have been paid on such eral Rules of Bankruptcy Procedure and Offi- payable after the date on which the petition claim if the estate of the debtor had been liq- cial Bankruptcy Forms directing debtors is filed. uidated under chapter 7 of this title on such under chapter 11 of title 11, United States On page 165, line 23, insert ‘‘or an exam- date; and Code, to disclose the information described iner’’ after ‘‘trustee’’. ‘‘(ii) modification of the plan under 1127 of in paragraph (2) by filing and serving peri- On page 167, after line 21, insert the fol- this title is not practicable.’’. odic financial and other reports designed to lowing: (e) MODIFICATION OF PLAN.—Section 1127 of provide such information. SEC. 435. TECHNICAL CORRECTION. title 11, United States Code, is amended by (2) INFORMATION.—The information referred Section 365(b)(2)(D) of title 11, United adding at the end the following: to in paragraph (1) is the value, operations, States Code, is amended by striking ‘‘pen- ‘‘(e) In a case concerning an individual, the and profitability of any closely held corpora- alty rate or provision’’ and inserting ‘‘pen- plan may be modified at any time after con- tion, partnership, or of any other entity in alty rate or penalty provision’’. firmation of the plan but before the comple- which the debtor holds a substantial or con- On page 183, line 20, strike all through line tion of payments under the plan, whether or trolling interest. 13 on page 187. not the plan has been substantially con- (b) PURPOSE.—The purpose of the rules and On page 187, line 14, strike ‘‘703’’ and insert summated, upon request of the debtor, the reports under subsection (a) shall be to assist ‘‘702’’. trustee, the United States trustee, or the parties in interest taking steps to ensure On page 187, line 20, strike ‘‘704’’ and insert holder of an allowed unsecured claim, to— that the debtor’s interest in any entity re- ‘‘703’’. ‘‘(1) increase or reduce the amount of pay- ferred to in subsection (a)(2) is used for the On page 189, line 9, strike ‘‘705’’ and insert ments on claims of a particular class pro- payment of allowed claims against debtor. ‘‘704’’. vided for by the plan; On page 147, line 15, strike ‘‘title)’’ and in- On page 190, line 13, strike ‘‘706’’ and insert ‘‘(2) extend or reduce the time period for sert ‘‘title and excluding a person whose pri- ‘‘705’’. such payments; or mary activity is the business of owning and On page 190, line 17, strike ‘‘707’’ and insert ‘‘(3) alter the amount of the distribution to operating real property and activities inci- ‘‘706’’. a creditor whose claim is provided for by the dental thereto)’’. On page 190, line 22, strike ‘‘708’’ and insert plan to the extent necessary to take account On page 150, line 14, insert ‘‘and other re- ‘‘707’’. of any payment of such claim made other quired government filings’’ after ‘‘returns’’. On page 191, line 8, strike ‘‘709’’ and insert than under the plan. On page 150, line 19, insert ‘‘and other re- ‘‘708’’. ‘‘(f)(1) Sections 1121 through 1128 of this quired government filings’’ after ‘‘returns’’. On page 192, line 3, strike ‘‘710’’ and insert title and the requirements of section 1129 of On page 152, strike lines 19 through 21 and ‘‘709’’. this title apply to any modification under insert the following: On page 193, line 13, strike ‘‘711’’ and insert subsection (a). (a) DUTIES IN CHAPTER 11 CASES.—Sub- ‘‘710’’. ‘‘(2) The plan, as modified, shall become chapter I of title 11, United States Code, as On page 193, line 21, strike ‘‘712’’ and insert the plan only after there has been disclosure amended by section 321 of this Act, is amend- ‘‘711’’. under section 1125, as the court may direct, ed by adding at the end the following: On page 196, line 1, strike ‘‘713’’ and insert On page 153, line 1, strike ‘‘1115’’ and insert notice and a hearing, and such modification ‘‘712’’. ‘‘1116’’. is approved.’’. On page 196, line 11, strike ‘‘714’’ and insert Beginning on page 135, strike line 19 and On page 153, line 7, strike ‘‘3’’ and insert ‘‘713’’. all that follows through page 136, line 2, and ‘‘7’’. On page 197, line 12, strike ‘‘715’’ and insert insert the following: On page 154, line 9, strike the semicolon ‘‘714’’. and insert ‘‘and other required government SEC. 406. CREDITORS AND EQUITY SECURITY On page 197, line 15, strike ‘‘703’’ and insert HOLDERS COMMITTEES. filings; and’’. ‘‘702’’. (a) APPOINTMENT.—Section 1102(a)(2) of On page 154, strike lines 14 through 25. title 11, United States Code, is amended by On page 155, strike line 7 and all that fol- On page 197, line 18, strike ‘‘716’’ and insert inserting before the first sentence the follows through the matter between lines 9 and ‘‘715’’. lowing: ‘‘On its own motion or on request of 10 and insert the following: On page 201, line 3, insert a semicolon after a party in interest, and after notice and (b) CLERICAL AMENDMENT.—The table of ‘‘following’’. hearing, the court may order a change in the sections for chapter 11 of title 11, United On page 202, line 4, strike ‘‘717’’ and insert membership of a committee appointed under States Code, is amended by adding at the end ‘‘716’’. this subsection, if the court determines that of the matter relating to subchapter I the On page 202, line 18, strike ‘‘718’’ and insert the change is necessary to ensure adequate following: ‘‘717’’. On page 248, line 15, strike ‘‘718’’ and insert representation of creditors or equity secu- ‘‘1116. Duties of trustee or debtor in posses- ‘‘717’’. rity holders. The court may increase the sion in small business cases. number of members of a committee to in- On page 266, line 13, insert ‘‘and family fisher- On page 156, line 19, strike ‘‘150’’ and insert men’’ after ‘‘farmers’’. clude a creditor that is a small business con- ‘‘175’’. cern (as described in section 3(a)(1) of the On page 268, insert between lines 16 and 17 On page 156, line 20, strike ‘‘150-day’’ and the following: Small Business Act (15 U.S.C. 632(a)(1))), if insert ‘‘175-day’’. the court determines that the creditor holds On page 162, strike lines 14 through 20 and SEC. 1005. FAMILY FISHERMEN. claims (of the kind represented by the com- insert the following: (a) DEFINITIONS.—Section 101 of title 11, mittee) the aggregate amount of which, in ‘‘(A) a plan with a reasonable possibility of United States Code, is amended— comparison to the annual gross revenue of being confirmed will be filed within a reason- (1) by inserting after paragraph (7) the fol- that creditor, is disproportionately large.’’. able period of time; and lowing: (b) INFORMATION.—Section 1102(b) of title On page 162, line 21, strike ‘‘reason is’’ and ‘‘(7A) ‘commercial fishing operation’ 11, United States Code, is amended by adding insert ‘‘grounds include’’. includes— at the end the following: On page 162, line 22, strike ‘‘that’’. ‘‘(A) the catching or harvesting of fish, ‘‘(3) A committee appointed under sub- On page 162, line 23, insert ‘‘for which’’ be- shrimp, lobsters, urchins, seaweed, shellfish, section (a) shall— fore ‘‘there exists’’. or other aquatic species or products; and ‘‘(A) provide access to information for On page 163, line 1, strike ‘‘(ii)(I)’’ and in- ‘‘(B) for purposes of section 109 and chapter creditors who— sert ‘‘(ii)’’. 12, aquaculture activities consisting of rais- ‘‘(i) hold claims of the kind represented by On page 163, line 1, strike ‘‘that act or ing for market any species or product de- that committee; and omission’’ and insert ‘‘which’’. scribed in subparagraph (A);’’; ‘‘(ii) are not appointed to the committee; On page 163, line 3, strike ‘‘, but not’’ and ‘‘(7B) ‘commercial fishing vessel’ means a ‘‘(B) solicit and receive comments from the all that follows through line 8 and insert a vessel used by a fisherman to carry out a creditors described in subparagraph (A); and period. commercial fishing operation;’’; ‘‘(C) be subject to a court order that com- On page 163, line 22, insert after ‘‘failure to (2) by inserting after paragraph (19) the fol- pels any additional report or disclosure to be maintain appropriate insurance’’ the following:

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.053 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14495 ‘‘(19A) ‘family fisherman’ means— (5) by adding at the end the following: be entitled to assert the rights established in ‘‘(A) an individual or individual and spouse ‘‘§ 1232. Additional provisions relating to fam- section 503(b)(7) of this title.’’. engaged in a commercial fishing operation ily fishermen (e) ADMINISTRATIVE EXPENSES.—Section (including aquiculture for purposes of chap- 503(b) of title 11, United States Code, is ‘‘(a)(1) Notwithstanding any other provi- ter 12)— amended— sion of law, except as provided in subsection ‘‘(i) whose aggregate debts do not exceed (1) in paragraph (5), by striking ‘‘and’’ at (c), with respect to any commercial fishing $1,500,000 and not less than 80 percent of the end; vessel of a family fisherman, the debts of whose aggregate noncontingent, liquidated (2) in paragraph (6), by striking the period that family fisherman shall be treated in the debts (excluding a debt for the principal resi- at the end and inserting ‘‘; and’’; and manner prescribed in paragraph (2). (3) by adding at the end the following: dence of such individual or such individual ‘‘(2)(A) For purposes of this chapter, a ‘‘(7) the invoice price of any goods received and spouse, unless such debt arises out of a claim for a lien described in subsection (b) by the debtor within 20 days of the date of commercial fishing operation), on the date for a commercial fishing vessel of a family filing of a case under this title where the the case is filed, arise out of a commercial fisherman that could, but for this sub- goods have been sold to the debtor in the or- fishing operation owned or operated by such section, be subject to a lien under otherwise dinary course of such seller’s business.’’. individual or such individual and spouse; and applicable maritime law, shall be treated as ‘‘(ii) who receive from such commercial On page 147, line 19 strike ‘‘4,000,000’’ and an unsecured claim. insert ‘‘3,000,000’’. fishing operation more than 50 percent of ‘‘(B) Subparagraph (A) applies to a claim such individual’s or such individual’s and for a lien resulting from a debt of a family The PRESIDING OFFICER. Without spouse’s gross income for the taxable year fisherman incurred on or after the date of objection, the amendment is agreed to preceding the taxable year in which the case enactment of this chapter. and the motion to reconsider is laid concerning such individual or such indi- ‘‘(b) A lien described in this subsection is— upon the table. vidual and spouse was filed; or ‘‘(1) a maritime lien under subchapter III The amendment (No. 2515), as modi- ‘‘(B) a corporation or partnership— of chapter 313 of title 46, United States Code, ‘‘(i) in which more than 50 percent of the fied, was agreed to. without regard to whether that lien is re- Mr. REED. Mr. President, I rise in outstanding stock or equity is held by— corded under section 31343 of title 46, United ‘‘(I) 1 family that conducts the commercial strong support of the Reed-Sessions States Code; or amendment to the manager’s amend- fishing operation; or ‘‘(2) a lien under applicable State law (or ‘‘(II) 1 family and the relatives of the mem- the law of a political subdivision thereof). ment to S. 625, the bankruptcy reform bers of such family, and such family or such ‘‘(c) Subsection (a) shall not apply to— legislation we have been considering relatives conduct the commercial fishing op- ‘‘(1) a claim made by a member of a crew over the past few days. I urge my col- eration; and or a seaman including a claim made for— leagues to support the passage of this ‘‘(ii)(I) more than 80 percent of the value of ‘‘(A) wages, maintenance, or cure; or important amendment. its assets consists of assets related to the ‘‘(B) personal injury; or The Reed-Sessions amendment deals commercial fishing operation; ‘‘(2) a preferred ship mortgage that has ‘‘(II) its aggregate debts do not exceed with the reaffirmation of one’s debt, been perfected under subchapter II of chapter and it reflects a compromise that has $1,500,000 and not less than 80 percent of its 313 of title 46, United States Code. aggregate noncontingent, liquidated debts ‘‘(d) For purposes of this chapter, a mort- been worked out at length between my- (excluding a debt for 1 dwelling which is gage described in subsection (c)(2) shall be self, Senator SESSIONS, the Treasury owned by such corporation or partnership treated as a secured claim.’’. Department and consumers. I believe it and which a shareholder or partner main- (d) CLERICAL AMENDMENTS.— is a fair and balanced amendment that tains as a principal residence, unless such (1) TABLE OF CHAPTERS.—In the table of seeks to treat those who enter into re- debt arises out of a commercial fishing oper- chapters for title 11, United States Code, the affirmation agreements with their ation), on the date the case is filed, arise out item relating to chapter 12, is amended to creditors in a fair and just manner, and of a commercial fishing operation owned or read as follows: operated by such corporation or such part- to provide them—as well as the bank- nership; and ‘‘12. Adjustments of Debts of a Family ruptcy courts—with the greatest ‘‘(III) if such corporation issues stock, such Farmer or Family Fisherman with amount of information they need in ...... stock is not publicly traded;’’; and Regular Annual Income 1201’’. order to make the wisest decisions pos- (3) by inserting after paragraph (19A) the (2) TABLE OF SECTIONS.—The table of sec- sible. following: tions for chapter 12 of title 11, United States For those of my colleagues unfa- Code, is amended by adding at the end the ‘‘(19B) ‘family fisherman with regular an- miliar with these agreements, a reaffir- nual income’ means a family fisherman following new item: mation is an agreement between a whose annual income is sufficiently stable ‘‘1232. Additional provisions relating to fam- and regular to enable such family fisherman ily fishermen.’’. debtor and a creditor in which the debtor reaffirms his or her debt and to make payments under a plan under chap- On page 277, line 22, insert ‘‘(a) IN GEN- ter 12 of this title;’’. ERAL.—’’ before ‘‘Section’’. willingness to pay the creditor back, (b) WHO MAY BEA DEBTOR.—Section 109(f) On page 281, line 21, strike ‘‘714’’ and insert even after many of the other debts may of title 11, United States Code, is amended by ‘‘713’’. have been discharged during bank- inserting ‘‘or family fisherman’’ after ‘‘fam- Beginning on page 292, strike line 10 and ruptcy. The creditor must then file this ily farmer’’. all that follows through page 294, line 11. (c) CHAPTER 12.—Chapter 12 of title 11, reaffirmation agreement with the United States Code, is amended— On page 294, insert between lines 11 and 12 bankruptcy court. The court then has (1) in the chapter heading, by inserting the following: the opportunity to review this agree- (d) RIGHTS AND POWERS OF THE TRUSTEE.— ‘‘OR FISHERMAN’’ after ‘‘FAMILY FARM- Section 546(c) of title 11, United States Code, ment, but in most cases, for one reason ER’’; is amended to read as follows: or another, does not. (2) in section 1201, by adding at the end the ‘‘(c)(1) Except as provided in subsection (d) Recently, there have been some docu- following: mented cases in which creditors have ‘‘(e)(1) Notwithstanding any other provi- of this section, and except as provided in sion of law, for purposes of this subsection, a subsection (c) of section 507, the rights and used coercive and abusive tactics with guarantor of a claim of a creditor under this powers of the trustee under sections 544(a), consumers in order to persuade them section shall be treated in the same manner 545, 547, and 549 are subject to the right of a to reaffirm their debt, when in many of as a creditor with respect to the operation of seller of goods that has sold goods to the these cases there is no question that a stay under this section. debtor, in the ordinary course of the business the individual can in no way afford to of the seller, to reclaim such goods if the ‘‘(2) For purposes of a claim that arises do so. The most visible of these cases from the ownership or operation of a com- debtor has received such goods within 45 mercial fishing operation, a co-maker of a days prior to the commencement of a case occurred with Sears, in which the com- loan made by a creditor under this section under this title, but such seller may not re- pany did not even file these reaffirma- shall be treated in the same manner as a claim any such goods unless the seller de- tion agreements with the court, there- creditor with respect to the operation of a mands in writing the reclamation of such fore negating even the option of the stay under this section.’’; goods— court to review these cases. (3) in section 1203, by inserting ‘‘or com- ‘‘(A) before 45 days after the date of receipt The Reed-Sessions amendment would mercial fishing operation’’ after ‘‘farm’’; of such goods by the debtor; or essentially provide for clear and con- (4) in section 1206, by striking ‘‘if the prop- ‘‘(B) if such 45-day period expires after the cise disclosures when a debtor chooses erty is farmland or farm equipment’’ and in- commencement of the case, before 20 days serting ‘‘if the property is farmland, farm after the date of commencement of the case. to enter into a reaffirmation agree- equipment, or property of a commercial fish- ‘‘(2) Notwithstanding the failure of the ment with a creditor. Our amendment ing operation (including a commercial fish- seller to provide notice in a manner con- would create a uniform disclosure ing vessel)’’; and sistent with this subsection, the seller shall form, whereby everyone who is filing a

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.053 pfrm02 PsN: S10PT2 S14496 CONGRESSIONAL RECORD — SENATE November 10, 1999 reaffirmation agreement must fill this speak for up to 5 minutes after the opposed to it because it would divert a form out. Based on the information Senator from Missouri has spoken. substantial amount of water out of the provided on the form, certain situa- Mr. WELLSTONE. Mr. President, I Missouri River. The bill that I am ob- tions will then obligate the court to re- am going to have to object. I am will- jecting to authorizes $200 million to di- view such agreements in order to deter- ing to let some people speak, but I have vert additional water from the Mis- mine if the reaffirmation agreement is been waiting for 3 days to get this souri River system to the Cheyenne truly within the debtor’s best inter- amendment up and to get this debated. River and the Red River systems. This ests. The PRESIDING OFFICER. Objec- is an inter-basin transfer of water In constructing this compromise tion is heard. which could have substantial impacts amendment, I think we have achieved Mr. REID. Mr. President, if I could all along the Missouri River basin. I do some very important goals. First and direct an inquiry, through the Chair, to not blame the North Dakota Senators foremost, we want everyone to recog- the manager of the bill, it is my under- for fighting for this, but it hurts my nize that a reaffirmation agreement is standing that the majority leader has State and it hurts other States, and I a very weighty decision, and that the asked—and he has spoken to the Sen- cannot consent to its approval by individual needs to understand—wheth- ator from Minnesota—that his amend- unanimous consent. Apparently, this er they are represented by counsel or ment be set aside for purposes of the bill has broad opposition by many dif- not—all the ramifications of the agree- senior Senator from Connecticut to ferent parties along the Missouri River. ment into which he or she is entering. offer an amendment. The debate time It is a very controversial provision and In fact, the individual needs to under- on that would be—— should not be passed in the dead of stand that they in no way need to file Mr. GRASSLEY. Five minutes on our night on a consent calendar with a lot a reaffirmation agreement. side and 5 minutes on the other side. of noncontroversial bills. Another vital issue is to have the Mr. REID. Following the disposition This is opposed strongly by the Gov- court review such cases in which the and a vote on the Dodd amendment, ernor and the Department of Natural debtor wants to reaffirm his or her Senator WELLSTONE, who has been Resources in Missouri. It is opposed by debt, but in calculating the difference waiting all week to offer his amend- Taxpayers for Common Sense. It is op- between the person’s income and all ment, would get the floor to which he posed by a host of environmental their monthly expenses, it remains im- is now entitled. groups—including the National Wild- possible for the debtor to do so. In The PRESIDING OFFICER. At the life Federation, the National Audubon other words, there exists a presump- present time, there is a unanimous Society, Friends of the Earth, and tion of undue hardship upon the per- consent agreement for the Senator American Rivers. The Canadian Gov- son. It is at that point that we want from Missouri to speak for 7 minutes. ernment opposes this bill and has op- the court to have the ability to step in Mr. REID. Objection. I object, and I posed the program it authorizes for and say to this person, that either they do so, Mr. President, on the basis of—— decades, claiming that it violates a 1909 have the ability to repay some of this The PRESIDING OFFICER. That was United States-Canada Boundary Wa- debt because of other sources of funds— already agreed to. ters Treaty. The Governor of Min- such as a gift from the family—or that Mr. REID. No, it wasn’t. nesota opposes this measure. The Min- they do not, and therefore the reaffir- The PRESIDING OFFICER. I am nesota State Department of Natural mation cannot be approved by the afraid it was. Senator ASHCROFT has 7 Resources opposes it, and the list goes court. minutes. on. Without this amendment, we are con- Mr. REID. OK, the Senator from Mis- It is too early in the process for me cerned that the abuses in the reaffir- souri. to clear this bill. There are too many mation system that we have seen will Following that, is Senator DODD questions that remain to be answered. continue to occur, and the courts may going to be recognized? Has the unani- There are too many related issues that continue to be left in the dark with re- mous consent request been accepted? the States are negotiating at this time. spect to the existence of these agree- The PRESIDING OFFICER. There We are awaiting the recommendations ments, let alone have the option to re- has not been an agreement to that ef- of the Corps of Engineers on how much view them. This amendment is not per- fect. The Chair will entertain one. additional water they intend to reserve fect, and if given the choice, I probably Mr. WELLSTONE. I would object. for Dakota purposes. The senior Sen- would have preferred to go even further The only thing I agreed to is Senator ator from Missouri and I will continue than we have in our language. With ASCHROFT being allowed to speak for 7 to object. As a result of our objections, that said, I think it’s still important to minutes; then I retain the floor. the sponsor of the bill is holding up 51 note that with this amendment, we The PRESIDING OFFICER (Mr. GOR- other unrelated bills. have given our courts and consumers TON). The Senator from Missouri is rec- Let me be clear. These 51 holds are the appropriate tools that will provide ognized for 7 minutes. not related to the longstanding dispute them with the necessary information Mr. ASHCROFT. I thank the Chair. between North Dakota and Missouri to make decisions that are in the indi- And I thank my colleagues for allowing and many other parties over the water vidual’s best interests, not the credi- me this time. allocation in the Missouri River. tor’s. That is a crucial point that I f Therefore, Senator BOND and I will not be pressured into lifting our hold on a wanted to emphasize. DAKOTA WATER RESOURCES ACT I appreciate all the efforts of those bill that will harm the livelihood of the involved in the process that went into Mr. ASHCROFT. Mr. President, I am people of Missouri. These types of constructing this compromise amend- here on the floor today to talk about interstate river disputes that have ment, and I am confident that it one of Missouri’s most important nat- been going on for years simply should strengthens the hands of our courts, ural resources, and that is the Missouri not be resolved without all interested and more importantly, the minds of River. There is a bill that another parties involved and without adequate our consumers as they make decisions Member is trying to pass by unanimous consideration given to the ecological that will weigh upon them for the rest consent that would threaten the Mis- and commercial effects. of their lives. souri River. I am making it clear that From the farm to the factory, the The PRESIDING OFFICER. Without I have an objection to this bill, and I Missouri River creates jobs in the Mid- objection, the Senator from Minnesota am firm on this issue. west. The Missouri River is a stable yields to the Senator from Missouri for On Friday around 4 p.m., 52 bills were water supply and a source of hydro 7 minutes. hot-lined to be passed by unanimous power for major cities. We must be Mr. WYDEN. Parliamentary inquiry, consent in the Senate. Most of the very cautious about changing water Mr. President. time, Members pass bills by unanimous levels along the Missouri River in order The PRESIDING OFFICER. The Sen- consent that are noncontroversial. to maintain the recreational opportu- ator from Oregon. However, buried in this list of 52 bills nities for local communities, as well as Mr. WYDEN. Mr. President, I would was one that I am opposed to, S. 623, hatcheries for fish and flyways for mi- like to ask unanimous consent to the Dakota Water Resources Act. I am gratory birds.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.061 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14497 I regret that important unrelated matically reduces it—cutting author- Mr. REID. Will the Senator yield for and noncontroversial measures are ized irrigation from 130,000 to 70,000 a unanimous consent request? being held up by the sponsors of S. 623, acres and deauthorizing several project Mr. WELLSTONE. I am pleased to but I cannot consent to passage of this features. yield for a unanimous consent request. bill at this time. The water flow of the It also fully protects the interests of I ask unanimous consent that I regain Missouri River is too important to the the State of Missouri. Nevertheless, the floor following the agreement. livelihood of numerous metropolitan one letter from the State of Missouri, The PRESIDING OFFICER. Without areas and small cities, and transpor- written today and delivered to us, com- objection, it is so ordered. tation and industry not only in Mis- plains about the Dakota Water Re- Mr. GRASSLEY. Mr. President, I ask souri but all along the waterway. We sources project. In so doing, the letter unanimous consent that the pending must deal with this measure reason- describes a completely separate and consent regarding the Wellstone ably and in the context of real negotia- unrelated project (the Devils Lake out- amendment be temporarily suspended tions, not as a matter of consent to be let), which has nothing to do with this and the Senate now resume the Dodd undertaken without full discussion by at all. So there is a profound misunder- amendment No. 2532, and there be 10 the parties. standing here about the facts and cir- minutes remaining and a vote occur on I thank the Senate for my oppor- cumstances affecting two distinct or in relation to the amendment at the tunity to reference my position on this projects. end of that time. I further ask consent issue. I yield the remainder of the I might say, additionally, that the that the Senate then turn to the time. Dakota Water Resources Project is not Wellstone amendment and that all de- f some dream somebody just had in the bate but 1 hour equally divided be used last day or two. My State has a Rhode during the session of the Senate today. BANKRUPTCY REFORM ACT OF Island-sized flood that has visited us I also ask that 1 hour of debate occur 1999—Continued permanently, forever. The Federal Gov- on Wednesday, November 17, and a vote The PRESIDING OFFICER. Under ernment said, if you will keep a flood occur on or in relation to the amend- the previous order, the Senator from forever, you can move some of the ment at the conclusion or the yielding Minnesota is recognized to introduce water behind the dam around North back of time, provided that a vote in an amendment. Dakota for your beneficial purposes. relation to the Wellstone amendment Why did the Government want the per- AMENDMENT NO. 2752 occur prior to a cloture vote, if cloture manent flood in North Dakota? The (Purpose: To impose a moratorium on large is filed on the bill. agribusiness mergers and to establish a reason was to prevent Missouri River Mr. REID. Reserving the right to ob- commission to review large agriculture flooding at St. Louis and dozens of ject, Mr. President, it is my under- mergers, concentration, and market power) other downstream communities. standing there would be a vote on the Mr. WELLSTONE. Mr. President, I North Dakota said, fine. The down- Dodd amendment this evening, is that send an amendment to the desk and stream states have flood protection correct? ask for its immediate consideration. and a lot of the benefits. We agree with Mr. GRASSLEY. Yes. The PRESIDING OFFICER. The that. We support that. Mr. CONRAD. Reserving the right to clerk will report. But we have not gotten the benefits, object. Mr. President, I would like 5 The legislative clerk read as follows: after these many decades, that we were minutes before we go to the vote to promised, in turn, from a multi-pur- have a chance to also respond to state- The Senator from Minnesota [Mr. pose water project. It has been pared ments made by the Senators from Mis- WELLSTONE], for himself, Mr. DASCHLE, Mr. DORGAN, and Mr. HARKIN, proposes an back and back, and the legislation just souri over the last couple days with re- amendment numbered 2752. discussed on the floor by my colleague spect to the water project in North Da- Mr. WELLSTONE. Mr. President, I from Missouri shrinks it even further. kota. If I could get that consent, I cer- In fact, we have proposed further pro- ask unanimous consent that reading of tainly would not object. tection for Missouri, because one of the Mr. REID. Mr. President, reserving the amendment be dispensed with. objections by the Senator from Mis- the right to object, if I could say to the The PRESIDING OFFICER. Without souri was that this project would use proponent of the unanimous consent objection, it is so ordered. water from the Missouri River and Mis- request, it has been brought to my at- (The text of the amendment is print- souri really wants that water. He tention that instead of 10 minutes, we ed in the RECORD of Friday, November doesn’t feel that the equivalent of one- will need 15 minutes equally divided. I 5, 1999, under ‘‘Amendments Sub- tenth of a foot off the Missouri River am sure he would have no objection to mitted.’’) at St. Louis should be used in North that. We have no objection, I say to the Mr. WELLSTONE. Mr. President, I Dakota. So we have proposed there be Senator from North Dakota. Does any- say to colleagues that I will start out— no reduction in water going through body else need to respond to that? though my guess is that very soon we St. Louis. We would manage the water Mr. ASHCROFT. I have no objection will probably have an agreement that impounded by the Garrison Dam in a to the statements of the Senators from will enable us to go to an amendment way that guarantees there would be no North Dakota. I made my position that will be 10 minutes altogether and reduction in the Missouri River water clear. This issue has been well known then a vote for those who need to leave for St. Louis. for a couple of decades now. town. I will start out. I want to say to I make the point that the comments Mrs. FEINSTEIN. Mr. President, re- colleagues, this isn’t going to be a long made by the Senator from Missouri and serving the right to object, I have two debate, and we’ll go back to it on his colleague from the same State, in amendments that have been moved and Wednesday. Several colleagues have my judgment, and with great respect, laid aside. I would like to have a time questions and I will start out that way. profoundly misstate what we are doing. when I might take those amendments Mr. DORGAN. Will the Senator from This bill shrinks the authorized project off the desk and have a brief period of Minnesota yield for a question? dramatically and would not produce debate and a vote. Mr. WELLSTONE. Yes. anything like the kind of results that Mr. REID. Mr. President, if I may re- Mr. DORGAN. Mr. President, I must have been alleged. In fact, we believe spond, I say to my friend from Cali- respond to the comments made by our this project is good for Missouri and all fornia that we are now using the good distinguished colleague from Missouri of the States in the Missouri Basin and graces of the Senator from Minnesota and comments made by his colleague in the region. to get this agreement. One reason the from Missouri yesterday, as well, with Several Senators addressed the two leaders want us to come back for a respect to the Dakota Water Resources Chair. vote in 15 or 20 minutes is so they can project in North Dakota. The legisla- Mr. WELLSTONE. Mr. President, I advise the Senate as to what is going tion that was being referenced is pro- have the floor. to transpire in the next few days. I foundly misunderstood. In fact, the Da- The PRESIDING OFFICER. The Sen- don’t know, under the present frame- kota Water Resources Act (S.623) re- ator from Minnesota has the floor. work, how—this may be the last vote. I duces the authorization of the water Mr. WELLSTONE. I would be pleased would assume this would be the last project. It doesn’t expand it; it dra- to yield for a question. vote tonight.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.114 pfrm02 PsN: S10PT2 S14498 CONGRESSIONAL RECORD — SENATE November 10, 1999 Mrs. FEINSTEIN. What I am con- Wednesday is it will be closed down, Mrs. FEINSTEIN. I understand that. cerned about is, I have made this and we will not have an opportunity to I will not object. known for a number of days now. I offer an amendment. One of these Mr. WELLSTONE. Can we get the have been patient and I have tried to amendments I have made to the bank- agreement? get in the queue. I have waited. I have ruptcy bill. The Senator from Iowa Mr. GRASSLEY. Can we move for- no objection if this is Wednesday or knows I have been a supporter of this ward with the agreement? Wednesday afternoon, but I would ap- bill. He is supportive of this amend- The PRESIDING OFFICER. Is there preciate having some time. I am pre- ment. If there is an opportunity, I be- objection? pared to object if I can’t get that time. lieve it will pass. Senator JEFFORDS Mr. CONRAD. Reserving the right to Mr. REID. I say to my friend, object- and I are cosponsors of the amendment. object, I repeat my request to have 5 ing doesn’t help her cause. It just pre- I, again, would like an opportunity to minutes. vents us from having everybody gath- offer it before there is a cloture motion The PRESIDING OFFICER. That is ered to know what is going to happen. or something and there will be no more part of the agreement. Otherwise, there will be no vote and amendments on the bill. Mr. CONRAD. Then I certainly do not Senator WELLSTONE will argue his Mr. REID. I say to my friend from object. amendment, and we will be out of here California that none of us here have Mr. REID. In fairness to the Senator anyway. On the Democratic side, we power to do anything about it. The from California, I don’t know what is probably have 8 or 9 Senators on the Senator from Iowa and I will be happy going to happen. I am not in a position same position that the Senator from to put the Senator from California in to do anything about it. But it is pos- California is in. They have offered line to vote tonight. But there may not sible there could be some procedural amendments, and they are waiting to be any more votes tonight and we may thing that will stop a lot of votes from have a vote on those amendments. I have votes next Wednesday. There may going forward. The Senator from Iowa have worked with—— be only one vote on the Wellstone says, all things equal, the Senator’s Mrs. FEINSTEIN. But my experience amendment. We don’t know. There is amendment will go forward. I can’t is that if they come to the floor, they no problem having the amendment as stand here and guarantee it will hap- are often accommodated. I don’t see one of the next ones to come up—when- pen. I don’t know what will happen. why that same accommodation should ever that will be, this year or next Procedurally, a lot of amendments may not be made for me, most respectfully. year—on this bill. not go forward. Mr. REID. The Senator certainly is a Mr. GRASSLEY. Mr. President, if the The PRESIDING OFFICER. Is there great advocate. We would like to con- Senator will yield. objection? cede that she has the right above ev- Mrs. FEINSTEIN. I certainly will. Without objection, it is so ordered. erybody else to a vote, but right now Mr. WELLSTONE. Mr. President, I Mr. WELLSTONE. Mr. President, I we don’t have the parliamentary abil- have the floor. still have the floor. I know we want to ity to do that. Mr. WYDEN. Will the Senator from move forward. I am trying to move for- I say to my friend that I think Sen- Minnesota yield? ward. I would like to yield 3 minutes to ators FEINGOLD, DURBIN, JOHNSON—I Mr. WELLSTONE. First, I say to the the Senator from Oregon. He has been can go through the whole list—have Senator from Iowa, I hope we can work waiting. also been here making the same re- it out so Senators can leave. The PRESIDING OFFICER. Is there quests the Senator from California has Mr. GRASSLEY. I am trying to sat- objection? Without objection, it is so and we haven’t been able to get the isfy the Senator from California, al- ordered. votes up because of the nongermane though I don’t think I can do any bet- Mr. CONRAD. Mr. President, reserv- amendments being debated on min- ter than the Senator from Nevada has ing the right to object, I thought this imum wage and everything. It isn’t as just done. But I pled for two reasons. was part of the agreement. It is unclear if the Senator from Iowa hasn’t wanted No. 1, I still hope to work with the Sen- to the Senator from North Dakota votes. We haven’t been able to get to ator from Texas, the chairman of the what the agreement was. My under- them. Banking Committee, to see what we standing was I would be recognized Mrs. FEINSTEIN. My amendment is can do to facilitate the amendment, after this agreement was reached for germane. whether it is now or a week from now the purpose of responding to the state- The PRESIDING OFFICER. Is there or next year, if we aren’t finished with ments that have already been made on objection? this bill. No. 2, we are trying to get to the floor. I was assured that was part Mrs. FEINSTEIN. I object. a situation where we can get to a vote, of that agreement. The PRESIDING OFFICER. Objec- which is something we promised a The PRESIDING OFFICER. The tion is heard. Member who has been waiting for a agreement provides 5 minutes for the The Senator from Minnesota has the long, long time. Senator from North Dakota. floor. We still have the third situation Mr. CONRAD. I would like to have Mr. WELLSTONE. Mr. President, I where Senator REID and I are going to that 5 minutes at this time, Mr. Presi- want to point out that if there is an ob- sit down with our staffs to see what we dent. jection, people can’t leave. I am trying can do with all of the amendments so The PRESIDING OFFICER. The re- to accommodate people’s schedules. I we know where we are and have a com- quest is that the Senator from Oregon think it would be unfortunate if be- plete picture. That is why I would be recognized for 3 minutes. Is there cause of an objection Senators who plead with her to let the unanimous objection? want to leave to get back for Veterans consent request go through. Without objection, it is so ordered. Day are not able to leave tonight. I was Mrs. FEINSTEIN. My understanding The Senator from Oregon. trying to accommodate. is that at some point I will have an op- f I hope the Senator from California portunity to offer this amendment, will reconsider. Basically, the implica- whether that is on Wednesday, another SECRET HOLDS tion is that many people have many day, or next year. Is that the correct Mr. WYDEN. Mr. President, and col- other amendments. This happens to be understanding? leagues, this is the time of the legisla- one of the three amendments that was Mr. GRASSLEY. As far as I am con- tive session when too many important part of the original agreement about cerned, the answer is yes. But let me bills and nominations are killed in se- how we would proceed. That is the only say it is my understanding under the cret through a process known as the se- difference. Many of us have other agreement we have now that there can cret hold. This session of the Senate amendments. be an objection to the Senator offering was supposed to be different as a result If the Senator wants to object, go her amendment if, for instance, some- of an agreement between the majority ahead. body on the Banking Committee—— and the minority leaders. I am going to Mrs. FEINSTEIN. I have no objection Mr. REID. She already offered it. read from that agreement. On Feb- to proceeding with the amendment. Mr. GRASSLEY. Then the answer is ruary 25, Senator LOTT and Senator What I suspect is going to happen come yes. DASCHLE wrote all Senators:

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.116 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14499 All Members wishing to place a hold on Missouri, we offered to go even further loss, family breakup, medical bills, et any legislation or executive calendar busi- and to put into law an assurance that cetera, can’t help themselves. These ness shall notify the sponsor of the legisla- they would not lose water at their key are the people affected by this amend- tion and the committee of jurisdiction of their concern. Further written notification navigation time, during this key period ment Senator LANDRIEU and I have of- should be provided to respective leaders stat- when they are concerned with losing fered and on which we will ask for your ing their intentions regarding their bill or even half an inch. That is what this votes shortly. nomination. Holds placed on items by a translates into: A reduction of one half Children and families are the most member of a personal or committee staff will an inch, the water level of the Missouri not be honored unless accompanied by a vulnerable. The median income of a River in the State of Missouri. We are person who files for bankruptcy is written notification from the objecting Sen- prepared to assure them they don’t ator by the end of the following business around $17,000 a year; for a woman fil- day. even lose that half an inch. This is in ing for bankruptcy, that number is a Suffice it to say, colleagues, I suspect response to the documented need for lot lower than $17,000 a year. there are a few sponsors of legislation water that is so desperately required in my State. We have people who are Unfortunately, this bill does not ap- here in the Senate who have not been pear to treat these people as we have notified that there is a hold on their turning on their tap right now in North Dakota and what comes out looks for almost 100 years. Since the first legislation. bankruptcy law was passed in 1903, I hope as we move towards the last filthy. It looks filthy because it is women and children came first in the hours of this session all Senators, filthy. line of distributable assets in bank- Democrats and Republicans, will honor North Dakota was made a promise ruptcy. They are going to be protected the policy set out by Senators LOTT that, if you accept the permanent flood no matter what other tragedy has be- and DASCHLE. The secret holds are a to provide flood protection for down- breach of all that the Senate is sup- stream States, we will compensate you fallen. No matter what other rights posed to stand for in terms of openness by allowing you to improve the water creditors may have, they will not be al- and public accountability. supply for your citizens. That is what lowed to disadvantage innocent chil- I hope Senators will comply with this bill is about. It is not designed in dren and women who have to depend that new policy set out by Senators any way to hurt the State of Missouri. upon some income in order to provide LOTT and DASCHLE. We are prepared to make changes in for their families. Unfortunately, this I yield the floor. the legislation to make that clear. bill leaves gaping holes in this area. f Let me conclude by saying we re- The amendment we have offered has DAKOTA WATER RESOURCES ACT ceived a letter today that totally con- been endorsed by 180 organizations, The PRESIDING OFFICER. The Sen- fuses this project with the Devil’s Lake every imaginable family organization ator from North Dakota. outlet which is required to solve an- in this country. It does the following Mr. CONRAD. Mr. President, I would other problem in another part of the four things: like the opportunity to respond to State. These two projects are not the same. We hope officials in Missouri will First, we say creditors can’t seize or statements that have been made about threaten to seize bona fide household the Dakota Water Resources Act over get it straightened out in their own minds that these are two totally dis- goods, such as books, games, micro- the last several days by the Senator wave ovens, and toys. As written from Missouri. Yesterday we were told tinct projects. An outlet from Devil’s today, S. 625 provides no protection that North Dakota is seeking somehow Lake has nothing whatever to do with against repossession of operations of to steal water from our neighbors to the Dakota Water Resources Act business, coming into a home and re- the south. That is factually incorrect. Project. moving such items from a family. It is untrue. We are not making any I thank my colleagues for their pa- Needless to say, that would be an un- claim on anybody’s water but our own. tience, and I yield the floor. Under the current law, North Dakota f settling, intimidating occurrence for has a right to water flowing through families and children. I don’t think BANKRUPTCY REFORM ACT OF this body wants to go on record ratify- the Missouri River. That is in the law 1999—Continued today. In the law today there is author- ing these kinds of scare tactics. I ap- ized a very large water project for AMENDMENT NO. 2532, AS MODIFIED preciate Senator GRASSLEY’s support North Dakota called the Garrison Di- The PRESIDING OFFICER. There for this provision. version Project. The reason it is au- are 15 minutes equally divided on the Second, we say if people in bank- thorized is because North Dakota ac- Dodd amendment. ruptcy are put on a budget and they Mr. DODD. I yield myself 4 minutes cepted the permanent flood of 550,000 cannot repay some of their debts, it acres of the richest farmland in North under the agreement. This chart explains the amendment I ought to be a realistic budget. The bill Dakota—permanently inundated to am offering. As most of my colleagues puts them on a budget based on IRS provide flood protection to downstream are aware, there is $43 billion in uncol- guidelines for people who owe back States, including Missouri. We have lected child support in this country. If taxes. Unfortunately, those guidelines saved billions of dollars of flood dam- we could collect a fraction of the child ignore obligations such as child care, age in those States because North Da- support that is outstanding, we could school supplies, and church tithes. We kota has accepted this permanent flood make a huge difference in the lives of say the bankruptcy judge ought to be of over half a million acres. That is the children and families all across this allowed to at least consider these kinds fact. country. of valid, often necessary expenses when The new legislation before us is de- it comes to family needs. signed to substantially alter what is Despite the good efforts of those who currently authorized in the law to re- have authored this bill on bankruptcy, Third, we say money for kids should duce its costs by $1 billion to reduce there is a major gap in this bill. The go to kids, not creditors. We mean that dramatically the number of irrigated major gap affects the very people this funds a parent receives for the benefit acres, and instead to have water supply number reflects for child support re- of children—like child support pay- projects for cities and towns that des- cipients. This bill places at a signifi- ments or earned income tax refunds— perately need it. cant disadvantage women and children should not be divvied up among credi- The assertion has been made that who may get caught up in the turmoil tors. They ought to be reserved for the this would somehow deplete the water of a bankruptcy proceeding and leaves children. going to Missouri. them at a significant disadvantage I want the manager of the bill to The fact is, the flow of the Missouri with respect to meeting the basic ne- have a chance to make his argument River in Missouri is 50,000 CFS. We are cessities in their lives. against the amendment, and then I will talking about 100 CFS to meet the le- This morning’s Washington Post respond. gitimate water needs of the State of made the case abundantly clear in the The PRESIDING OFFICER. The Sen- North Dakota, water needs that are al- lead editorial. It said that the Congress ator from Iowa. ready recognized in the law. should make sure that in the name of Today, in order to respond to the le- financial responsibility it does not un- Mr. GRASSLEY. Mr. President, this gitimate concerns of the Senators from duly squeeze people who, because of job bill, the original bill, contains many

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.119 pfrm02 PsN: S10PT2 S14500 CONGRESSIONAL RECORD — SENATE November 10, 1999 provisions to help collect past due counting Office and the Internal Rev- question we have to answer is how child support. This is not just the au- enue Service, living standards in the much fraud do we want to tolerate? thors saying this. These provisions are bill now provide that any necessary ex- This amendment is way off base. If you endorsed by the prosecutors who actu- pense can be taken into account. The want to crack down on out-and-out ally enforce child support laws. only living expenses not allowed under fraud, and that is what we are talking On another point, in response to what this bill are unnecessary and unreason- about, you should support the bill and the Senator from Connecticut has said, able expenses. What is wrong with not you should be against this amendment if one is under the median income, the allowing unreasonable and unnecessary because by supporting the amendment, means test doesn’t even apply to that expenses? The only people who oppose you make it easier for crooks to game person. The people Senator DODD is the means test as currently written are the bankruptcy system and get a free worried about won’t be affected. people who want deadbeats looking to ride at everyone else’s expense. Con- In a more broad sense, this amend- stiff their creditors to dine on fancy sequently, if you do not want to do ment should be defeated. First, the meals and to live in extravagant homes that, you will not support the Dodd means test we now have in the bill is and to take posh vacations. very flexible. The charge has been that On the issue of household goods, this amendment. I oppose the amendment we are not flexible enough. I will point might by a surprise to the Senator and I ask my colleagues to do the out that flexibility. If a bankrupt is in from Connecticut, but I tend to agree same. a unique or special situation, our bill, with some of what he said now and last I yield the floor. the means test, allows that person to night. If Senator DODD were to modify The PRESIDING OFFICER. The Sen- explain his or her situation to the his amendment, just to deal with ator from Connecticut. judge or to the trustee and thus get out household goods, I will be pleased to of paying these debts if there are spe- work with him on that, to get the Mr. DODD. Mr. President, crooks and cial expenses. If these special expenses amendment accepted. But his amend- scam artists there may be, but in our are both reasonable and necessary and ment does much more than just deal appetite, to go after the scam artist, this reduces repayment ability, the with the household goods issues. I sim- we should not make women and chil- debtor doesn’t have to repay his or her ply cannot accept these other changes. dren pay the price. To suggest some- debts. Finally, this amendment by the Sen- how that someone is scamming the sys- The way we determine living ex- ator from Connecticut makes fraud tem because they buy $251 worth of penses in this bill is to use a template much easier because the problem we goods and services they may need for established by the Internal Revenue must address in doing bankruptcy re- their children, that they are somehow Service for repayment plans involving form is that some people load up on ripping off the system, is to approach back taxes. debts on the eve of bankruptcy and being ludicrous when it comes to this. I have a chart and a study of the bill then try to wipe out those debts, wipe which was done by the General Ac- them all away, by getting a discharge. I have great respect for prosecutors, counting Office. The General Account- Obviously, this is a type of fraud which and the General Accounting Office. But ing Office noted in its June 1999 report, Congress needs to protect against. The when 180 organizations representing which was to Congress, and a report bill now says that debts for luxury every family group in this country about bankruptcy reform, that this items purchased within 90 days of from the right to the left, if you will, template includes a provision allowing bankruptcy in excess of $250, and cash strongly support this amendment be- a debtor to claim child care expenses, advances on credit cards made within cause it tries to do something to pro- dependent care expenses, health care 70 days in excess of $750, are presumed tect these families, then we have expenses, or other expenses which are to be nondischargeable. This is pretty achieved a new low when it comes to necessary living expenses. Tell me, flexible on its face. Under the bill now, speaking about families and children with all these things included, and you can buy $249 worth of luxury items with one voice and then turning around with the General Accounting Office such as caviar the day before you de- and doing violence to them. backing up the intent of our legisla- clare bankruptcy and still walk away The IRS schedule is not terribly tion, that this bill is not flexible, that scot-free. Under the bill, you can get flexible. I ask unanimous consent it be this bill does not take into consider- $749 worth of cash advances minutes printed in the RECORD. ation the living expenses and needs of before you declare bankruptcy and still the potential person in bankruptcy. walk away scot-free. There being no objection, the mate- This is, frankly, as flexible as you But this is not enough for the people rial was ordered to be printed in the can get. According to the General Ac- proposing this amendment. So the RECORD, as follows: COLLECTION FINANCIAL STANDARDS—ALLOWABLE LIVING EXPENSES FOR FOOD, CLOTHING AND OTHER ITEMS; TOTAL MONTHLY NATIONAL STANDARDS (EXCEPT ALASKA AND HAWAII)

Number of persons Total gross monthly income One Two Three Four Over four

Less than $830 ...... 345 466 579 726 +125 $831 to $1,249 ...... 391 525 646 762 +135 $1,250 to $1,669 ...... 433 630 737 800 +145 $1,670 to $2,499 ...... 527 685 781 830 +155 $2,500 to $3,329 ...... 554 769 863 924 +165 $3,330 to $4,169 ...... 620 830 948 1,063 +175 $4,170 to $5,829 ...... 773 957 1,018 1,170 +185 $5,830 and over ...... 991 1,235 1,399 1,473 +195

MONTHLY NATIONAL STANDARDS

Gross Monthly Income Item Less than $831 to $1,250 to $1,670 to $2,500 to $3,330 to $4,170 to $5,830 and $830 $1,249 $1,669 $2,499 $3,329 $4,169 $5,829 over

One Person: Food ...... 170 198 214 257 270 325 428 456 Housekeeping supplies ...... 18 20 21 26 27 29 35 43 Apparel & services ...... 43 52 75 120 127 129 168 334 Personal care products & services ...... 14 21 23 24 30 37 42 58 Miscellaneous ...... 100 100 100 100 100 100 100 100 Total ...... 345 391 433 527 554 620 773 991 Two Persons: Food ...... 228 227 351 365 424 438 515 635 Housekeeping supplies ...... 23 27 28 40 46 51 57 74 Apparel & services ...... 71 72 98 121 128 167 202 335 Personal care products & services ...... 18 24 28 34 46 49 58 66 Miscellaneous ...... 125 125 125 125 125 125 125 125

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.122 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14501 MONTHLY NATIONAL STANDARDS—Continued

Gross Monthly Income Item Less than $831 to $1,250 to $1,670 to $2,500 to $3,330 to $4,170 to $5,830 and $830 $1,249 $1,669 $2,499 $3,329 $4,169 $5,829 over

Total ...... 466 525 630 665 769 830 957 1,235 Three Persons: Food ...... 272 326 390 406 444 488 545 Housekeeping supplies ...... 24 28 29 41 47 55 58 Apparel & services ...... 110 114 134 143 175 205 206 Personal care products & services ...... 23 28 34 41 47 50 59 Miscellaneous ...... 150 150 150 150 150 150 150 Total ...... 579 646 737 781 863 948 1,018 Four Persons: Food ...... 374 376 406 416 472 574 629 Housekeeping supplies ...... 36 37 38 46 49 57 60 Apparel & services ...... 114 145 146 147 179 206 244 Personal care products & services ...... 27 29 35 46 49 51 62 Miscellaneous ...... 175 175 175 175 175 175 175 Total ...... 726 762 800 830 924 1,063 1,170 More Than Four Persons: For each additional person, add to four-person total allowance ...... 125 135 145 155 165 175 185

Mr. DODD. Find for me the word worth of goods in the last 60 days, that a $250 difference. That is what we are ‘‘children’’ anywhere in this schedule. they are not scam artists. Maybe there arguing about. It does not show up, not once. There is are some out there, but let’s not let the I have no more time, so I yield the no flexibility at all. It is very rigid in millions of people who get caught in a floor. terms of how it applies. There is no bankruptcy proceeding because some- Mr. HATCH. Mr. President, I rise in consideration for the regions of the one is sick and they lose a job, that opposition to the amendment offered country where people live, whether you somehow they are going to have to hire by Mr. DODD and others, which has live in New York City or Iowa or Con- a lawyer and defend themselves for many components that undermine the necticut or the State of Ohio. It is a $250. This amendment is critical. kind of bankruptcy reform we are seek- one-fix system, across the board. Mr. President, I ask unanimous con- ing to accomplish in this bill. The I appreciate the Chairman and others sent for 1 additional minute? amendment creates new windfalls for who have tried to do something on the The PRESIDING OFFICER. Without debtors in bankruptcy. It imposes an means test. If you think it is so flexi- objection, it is so ordered. artificial definition of gross income ble, then merely adopt this amend- Mr. DODD. This amendment is as which excludes major sources of in- ment. What you have also left out, of critical as it gets to this bill. We are come. This would undermine both the course, is that you still allow for funds doing a lot to help the credit card com- means test and the obligation that that a parent receives to the benefit of panies. This is going to reduce the debtors pay all their disposable income children to be dissipated. Things like number of bankruptcies. But in our to creditors in chapter 13 plans. Fur- child support payments and earned-in- zeal to do that, do not allow this to thermore, the amendment undercuts come tax credits, which you do get if happen. This would really be a major the bill’s definition of household goods, you are making $17,000 a year, should setback. Since 1903, we have put chil- allowing virtually any frivolous item a not be divided up among creditors. As dren and families in the exalted posi- debtor owns to qualify as a ‘‘household the bill presently reads, that can hap- tion of not allowing them to be good’’. pen. That is why 180 organizations are brought in and damaged in bankruptcy The amendment claims to be ‘‘pro- vehemently opposed to the present lan- proceedings. family’’, but it takes a tremendous guage of this bill. They are not going to get off scot- step backward with respect to fami- Let me go on. With regard to the free. They have obligations to pay. But lies—particularly those who work hard seizing of household goods, again there to say, somehow, we are putting fami- to pay their bills every month. I have is nothing in this bill, nor the man- lies first because we have a flexible worked very hard, along with Senator agers’ amendment that prohibits these means test, disregarding all the other TORRICELLI, provision by provision, to repossession operations from coming in things that are in this bill, would be a ensure that this bill is an important and taking toys and books and VCRs major setback of significant propor- for families over current bankruptcy that may be necessary for the edu- tions. law. I described in considerable detail cation of children. The Washington Post editorial this last week the particular provisions in Lastly, the bill says if a consumer morning is right on point. This is the the bankruptcy bill that are designed buys food, clothing, medicine, and amendment they were talking about. to help families, along with the amend- similar items on credit within 90 days We urge our colleagues to support it. ment Senator TORRICELLI and I devel- of a bankruptcy filing, and if the value Mr. BIDEN addressed the Chair. oped to further enhance these provi- of those items exceeds $250, then they Mr. GRASSLEY. I yield the Senator sions. Therefore, I am deeply concerned are presumed to be luxuries and the from Delaware 1 minute. by the fact that this amendment person filing the bankruptcy has to Mr. BIDEN. Mr. President, under the inexplicably allows debtors to dis- hire a lawyer to defend such purchases, present law there are nondischargeable charge debts without being responsible make the case they were not luxury items with cash advances. It is a little to repay what they can afford. items. That is what the bill says. That over $1,000. This goes down to $750. A practical effect of this amendment goes far beyond anything we have ever There is a difference, but it is not what is to allow rich debtors to defraud their done in 100 years in bankruptcy law, to the Senator from Connecticut makes it creditors. Debtors with high income turn around and say the present law out to be. who are receiving child support could says $1,075 over 60 days. Our amend- No. 2, in the means test in terms of subtract child support from the cal- ment says $400 per item or service in 60 ‘‘other necessary expenses,’’ it includes culation of their ability to repay. Thus, days. The bill provides for a total of such expenses as charitable contribu- a debtor who earns $100,000 per year $250 in 90 days, while mine provides a tions, child care, dependent care, and receives an additional $25,000 in more rational and reasonable itemized health care, payroll deductions—that is child support, and who has mortgage, sum—per item or service—in 60 days. taxes, union dues, and life insurance. It car, and household expenses equaling The managers’ amendment does not is not true they are not able to be $100,000, can go bankrupt in chapter 7 say anything about that at all. viewed as ‘‘other expenses’’ to be con- and walk away with $25,000 a year. This This would be a travesty, an absolute sidered within bankruptcy. windfall to the debtor is passed on the travesty to say we are going to make I understand the Senator’s point. I hardworking families that end up sub- families go into court and prove, when think he doth protest too loudly. It is sidizing the cost of bankruptcies of they went to Kmart and bought $251 not $1,000; it is $750. That is true. It is others.

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.075 pfrm02 PsN: S10PT2 S14502 CONGRESSIONAL RECORD — SENATE November 10, 1999 Furthermore, the definition of house- Landrieu Mikulski Sarbanes ing cement at a local construction Lautenberg Moynihan Schumer hold goods in the amendment allows Leahy Murray Torricelli company. debtors to avoid a security interest in Levin Reed Voinovich The PRESIDING OFFICER. The Sen- expensive items like $2,000 stereo sys- Lieberman Reid Wellstone ate will be in order. Senators will tems. I am mystified by why windfalls Lincoln Rockefeller Wyden please take their conversations else- to debtors of this kind are viewed as NAYS—51 where. pro-family. I have been reminded many Abraham Enzi McConnell Mr. WELLSTONE. Mr. President, I times during the course of this debate Allard Frist Murkowski will just keep speaking, and if you that bankruptcies end up costing every Ashcroft Gorton Nickles can’t get order, I will get order. Bennett Gramm Robb American family at least $400 per year. Biden Grams Roberts Mr. President, I would say to col- When these windfalls are incorporated Bond Grassley Roth leagues that we could have had a 4- into our bankruptcy laws, hardworking Bunning Gregg Sessions hour debate tonight. Colleagues wanted Burns Hagel Shelby to go home. So I was accommodating American families end up paying for Campbell Hatch Smith (NH) them. Chafee, L. Helms Smith (OR) because I think all of us want to get Mr. GRASSLEY. Mr. President, I ask Cochran Hutchinson Snowe back for Veterans Day. We start this unanimous consent for 1 minute so I Collins Hutchison Specter debate tonight about agriculture. It is Coverdell Inhofe Stevens can have the same 1 minute the other Craig Kyl Thomas taken me probably about 8 weeks to side had. Crapo Lott Thompson get this amendment on the floor. The PRESIDING OFFICER. Without DeWine Lugar Thurmond I would appreciate it if colleagues objection, it is so ordered. Domenici Mack Warner would take their conversations in the Mr. GRASSLEY. Mr. President, I ANSWERED ‘‘PRESENT’’—1 back of the room outside. If we would want to point out the big deal the Sen- Fitzgerald have order in the Chamber, I am not going to speak until we do. ator from Connecticut made about the NOT VOTING—3 Mr. President, I thank the Chair. IRS regulations and the guidelines not Boxer McCain Santorum mentioning the word ‘‘children.’’ I don’t like reading about people’s The point is very clear, from the The amendment (No. 2532) was re- lives, many of whom have lost their General Accounting Office, but in their jected. farms, and have Senators out here on study of the IRS guidelines, under a The PRESIDING OFFICER. The Sen- the floor and others speaking as if it category ‘‘other necessary expenses,’’ if ator from Minnesota. makes no difference. it does not mention children, if it does AMENDMENT NO. 2752 Reuban Schwieters—as I said, not take the needs of children into con- Mr. WELLSTONE. Mr. President, Reuban just recently quit farming. He sideration, what in the heck do the could I have order in the Chamber? and his wife Paula and three young words ‘‘child care’’ mean? What does Mr. President, we are now dealing boys sold half their farm. Reuben is ‘‘dependent care’’ mean, if the needs of with amendment 2752. Is that correct? now pouring cement at a local con- children are not taken into consider- The PRESIDING OFFICER. The Sen- struction company. Bear again in ation? It may not be mentioned in the ator is correct. mind, these loss of farms is just in IRS guidelines per se, but under ‘‘other Mr. WELLSTONE. I thank the Chair. Grove Township in my State of Min- necessary expenses,’’ it is very clear Mr. President, we will start this de- nesota. that the needs of every child will be bate tonight, and we will conclude the Steve and Lori Sand lived about 3 taken care of. debate on Wednesday. There will be an miles from Reuben and Paula. Steve I yield the floor. hour of debate on Wednesday as well. I and Reuben went to school together. The PRESIDING OFFICER. The want to give this a little bit of context. Steve began farming next to his fa- question is on agreeing to the amend- Mr. President, could I have order in the ther’s farm since at that time his fa- ment. Chamber? Would Senators please take ther Wally was not ready to retire. Mr. DODD. I ask for the yeas and their conversation outside the Cham- Steve and Lori, their three daughters, nays. ber? and son could not hang on to the farm. The PRESIDING OFFICER. Is there a I thank the Chair. The prices were too low to maintain a sufficient second? Mr. President, I will start out with household of six and still run the fam- There is a sufficient second. some narrative that was written by ily farm. They moved to Cottage The yeas and nays were ordered. Jodi Niehoff, who works with me, and Grove, MN, where Steve does construc- The PRESIDING OFFICER. The who is the daughter of dairy farmers, tion and his wife Lori is now a com- question is on agreeing to amendment Jane and Loren Niehoff, in Minnesota puter technician. Incidentally, Steve’s No. 2532, as modified. The yeas and from Melrose, MN, and close thereby. father Wally has retired, but none of nays have been ordered. The clerk will Grove Township is 6 miles by 6 miles. his children or grandchildren has taken call the roll. It is a typical Midwest township. Fields over the family farm. The legislative assistant called the of wheat, corn, some oats, and alfalfa These are Minnesotans willing to let roll. span across the township line. In Grove their names be used so I can tell their Mr. FITZGERALD (when his name Township, as in surrounding townships, story, which is the story of what is was called). Present. the biggest topic of conversation is the happening in agriculture. Mr. NICKLES. I announce that the economic farm crisis. Allen Nathe closed down his farm and There are fewer and fewer folks at- is now doing small engine repairs. Glo- Senator from Arizona (Mr. MCCAIN) and the Senator from Pennsylvania tending to local board meetings. It is ria Schneider sold the farm to her son not because fewer folks care. It is be- Glen. Glen and his wife farmed only a (Mr. SANTORUM) are necessarily absent. Mr. REID. I announce that the Sen- cause there are fewer farmers around. few years before they sold their family In Grove Township, regardless of farm and he and his wife and small ator from California (Mrs. BOXER) is necessarily absent. which gravel road one chooses to travel daughter moved to Minneapolis. The result was announced—yeas 45, along, one will inevitably drive by an Dave Feldewerd sold his farm and is nays 51, as follows: abandoned farm. Let me begin by illus- also driving a truck. Mike Ellering re- trating how the farm crisis affects cently sold his farm and is working [Rollcall Vote No. 365 Leg.] rural communities. I’ll use Grove construction. Danny Frieler and his YEAS—45 Township as an example. family quit farming. They still live on Akaka Conrad Harkin Sometimes we have these debates, the farm, but the barns stand hollow. Baucus Daschle Hollings Bayh Dodd Inouye and we never talk about it in terms of Marcy Wochnik recently retired and Bingaman Dorgan Jeffords people. sold her farm to her son, and her son Breaux Durbin Johnson Reuban Schwieters—Reuban just re- tried for a few years before he threw in Brownback Edwards Kennedy cently quit farming. Reuban and his the towel. Marcy moved into a house Bryan Feingold Kerrey Byrd Feinstein Kerry wife Paula and their young boys sold only a mile from a farm. No one has Cleland Graham Kohl half of the farm. Reuban is now pour- yet purchased the farm.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.060 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14503 I am going through the story of farm- farmers say: We have record low prices, to be completed, for the House to act, ers and farm families who have quit we have record low income, we are not for the package to be received in the farming in Grove Township, one town- going to be able to make it, it doesn’t Senate, and complete action on ship in the State of Minnesota, a small matter whether we work 19 hours a Wednesday. However, that is a deadline story that tells a large story of what is day, it doesn’t matter how good a man- I believe we can meet, and we should happening to agriculture and the ager we are, there are economic forces work to complete our work for the year ‘‘why’’ of the amendment I introduced that are destroying our lives. by then. tonight with Senators DORGAN, So far, Senators have not helped. So We will let Senators know, of course, DASCHLE, JOHNSON, LEAHY, and other far, we have acted as if this crisis if there is to be a big package of votes Senators. didn’t exist. This amendment tonight, during the day on Wednesday. We will Alvin and Mary Hoppe also recently which calls for a moratorium on all of notify Senators exactly what time that sold their farm and moved off the farm. these mergers and acquisitions of the will be. Senators should be prepared for Mary commutes to St. Cloud, and her huge conglomerates makes it hard for the voting to begin as early as 10 husband has been doing mechanical our family farmers and producers to o’clock on Wednesday on the Wellstone jobs. Their son Jason is 12 years old, have any leverage when they are only amendment. but he has always been by his father’s dealing with three buyers. If you are at I urge all Senators to be patient and side eager to learn farming. Despite Ja- an auction and you have three buyers accommodating during the next few son’s enthusiasm and interest to farm, for a product, what kind of price do days of the session. I thank all Mem- given the current conditions in agri- you get? bers in advance for their cooperation. culture, it is difficult for his parents to This is just the first amendment. The We have a number of nominations we recommend this occupation. first vote next week will be the begin- have been working assiduously to clear This is only a corner of Grove Town- ning of a major floor fight over and on both sides of the aisle. These are ju- ship in my State. If one crosses the over again until we change farm policy dicial nominations and other nomina- water, one will be in Oak Township, in the country. It is not just a question tions. We have a couple more issues we where I could go through another list of people losing their farms, it is a have to check on to confirm everything of farmers who have also had to quit question of our rural communities. we agreed to has been worked out. farming. About a quarter of a mile When people lose their farms, it is Also, Senator DASCHLE and I have from the Grove and Oak Township line more than just a family. We are seeing talked at great length about how to lies the small town of New Munich. a rising incidence of divorce. We are handle the judicial calendar. I think we Since 1996, New Munich has also de- seeing all kinds of tensions within fam- have a fair arrangement. clined in residents. The effects of the ilies. We have too many suicide lines I ask unanimous consent a colloquy farm crisis are apparent just walking that are being used now. We have too between the two of us be printed in the along Main Street. Ostendorf Grocery much depression. We have too many RECORD. closed. Marvin, who is known as Bud, farmers without any life insurance, too The PRESIDING OFFICER. Without and his wife Rosie have moved on. many farmers without any health in- objection, it is so ordered. Rosie commutes to St. Cloud and sells surance, too many farmers without any Mr. DASCHLE. Mr. President, it’s retail clothes, and Bud works at a fac- health and dental care, too many farm- my understanding that the majority tory. Ostendorf Grocery was a practical ers with too little self-esteem. leader has committed to proceeding to general store. After Sunday mass, folks Mr. LOTT. Will the Senator yield? the nominations of Richard Paez and from the congregation would make Mr. WELLSTONE. I am happy to Marsha Berzon to the ninth circuit quick stops for any last-minute items yield to the majority leader. court of appeals no later than March or simply visit with Rosie and Bud. Mr. LOTT. Mr. President, I appre- 15, 2000. Is that correct? During the week, farmers often would ciate the cooperation of the Senator Mr. LOTT. That is correct. I will run into town to pick up a needed in- from Minnesota. He has been waiting a move to proceed to each of these nomi- gredient or item at the store. As in long time to get this opportunity. We nations no later than March 15 of next most towns, Ostendorf Grocery also told him he would get it, and he has it. year. served as the news and information For the information of all Senators, Mr. DASCHLE. It is also my under- center. Rosie always knew of the cur- the Senate will now debate the pending standing that the majority leader will rent events in the area, and folks en- Wellstone agriculture amendment. work to clear the remaining judges left joyed spending a few minutes to talk to However, no further votes will occur on the executive calendar this year, her and Bud. Gone. this evening. I want to make that and if they can’t be cleared, he will Since 1996, the elementary school clear. We will hotline both sides so our move to proceed to each of the remain- closed. The school closing affected the Members will know there are no fur- ing judicial nominees no later than local businesses. The school also has ther votes this evening. March 15 of next year. Is that also cor- been used for community events. The Senate will not be in session on rect? Schoolchildren, particularly farm kids, Veterans Day, and we will convene Mr. LOTT. That is my hope. In addi- now face much longer bus rides to next on Tuesday, November 16. On tion I do not believe that filibusters of school. Tuesday, I expect the Senate to debate judicial nominations are appropriate Thielen Meats will close by the end and possibly complete action on any and, if they occur, I will file cloture of this year. Thielen Meats was a little number of items arriving from the and I will support cloture on the nomi- mom-and-pop meat shop located across House of Representatives relative to nees. from the J.C. Park. Many farmers the appropriations process and perhaps Mr. DASCHLE. It’s my under- would bring a hog or a cow to be butch- other conference reports. I will be dis- standing that Senator HATCH supports ered by their family. The larger ship- cussing the specifics of what the sched- your view of cloture on these nomina- ments of livestock delivered to Thielen ule will be with Senator DASCHLE, and tions. Is that correct? Meats were sold directly to residents in we will keep Members informed of the Mr. LOTT. Senator HATCH will have the town or in the surrounding area. subject matter. to speak for himself but it is my under- Kenny and Rita Revermann may also By a previous order, the Senate will standing that he supports all of these be closing the True Value Hardware conduct a vote relative to the nominations and will support cloture if store. After the school closing, the gro- Wellstone agriculture amendment on necessary. cery store closing, and the recent news Wednesday of next week. I suspect ad- Mr. DASCHLE. I thank the majority of the meat shop closing, the trips ditional votes will be required in order leader. made by farmers to New Munich will to finish the necessary items pending Mr. LOTT. I yield the floor. grow fewer and fewer. between the two Houses of Congress. The PRESIDING OFFICER. The Sen- I have letters from farmers from Min- The continuing resolution we passed ator from Minnesota. nesota, Kentucky, Iowa, Kansas, Mon- will expire at midnight on Wednesday. Mr. WELLSTONE. Mr. President, to- tana, and Missouri. Over and over I think that will give the Senate more night I speak, Wednesday I speak, and again, if I had to summarize, these than enough time for final negotiations Wednesday we debate a crisis that is

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.148 pfrm02 PsN: S10PT2 S14504 CONGRESSIONAL RECORD — SENATE November 10, 1999 ravaging rural America. I started out working. We passed the Sherman Act. The industry landscape seems to be chang- speaking about this crisis in personal We passed the Clayton Act. Estes ing every day. terms, in human terms. On present Kefauver was a great Senator who In fact, the ground is constantly course, the conservative estimate is we talked about antitrust action. But we shifting beneath our feet and it soon will lose 7,000 farmers this next year, have had this wave of mergers and ac- may be too late to do anything about but it could be more in Minnesota. On quisitions that have led to precious lit- it. That is why we need a time out. present course, over the next couple of tle competition. Again, these conglom- That is exactly what this amendment years we are going to lose a whole gen- erates have exercised their power over calls for. eration of producers, if we do not our producers and our producers can- Too many corporate agribusinesses change our course of policy. not get a decent price. are growing fat and too many farmers I do not believe family farmers in my This amendment is not the be-all or are facing extinction and very lean State of Minnesota, or family farmers the end-all, but I say to my colleagues, times. Clearly, we cannot count on the in America, will be able to continue to if you believe in competition and if you current antitrust statutes and anti- farm or will their children be able to believe family farmers ought to have a trust authorities to address this rapid farm, unless we change the structure of chance in the marketplace, then the consolidation. We are going to have to agriculture. Bob Bergland, who was very least we can do is pass an amend- do better. We are going to have to Secretary of Agriculture in the late ment that says when it comes to these change our laws to enable someone like 1970s, commissioned a report called large agribusinesses, these large con- Joel Klein, who is so skillful and so ‘‘The Structure of Agriculture.’’ He glomerates with $100 million and over gifted, to be representing family farm- now lives in northwest Minnesota. It revenue buying up a company with at ers. Whether or not our antitrust agen- was prophetic. least $10 million, we ought to say we cies have the authority, we need to In the past decade and a half, we are going to have a moratorium on move forward. We have to develop a have seen an explosion of mergers and this. new farm policy and we know it is For 18 months, we set up a review acquisitions and anticompetitive prac- going to take some time. But we do not commission and then we come up with tices that have raised concentration in have much time left. agriculture to record levels. Every- recommendations and we pass some The question for Senators is, Whose where family farmers look, whether it legislation that gives our producers a side are we on? Whose side are we on? fair chance in the marketplace. If we is who they buy from or who they sell Are we on the side of the packers and pass that legislation in 2 months or 3 to, it is but a few firms that dominate the grain companies, or are we on the months, then this moratorium is no the market. side of family farmers? I mean this. I The top four pork producers have in- longer operative. mean this very sincerely. I know, be- creased their market share from 36 per- Built into this amendment I intro- cause I have heard from other Sen- cent to 57 percent. The top four beef duced with Senator DORGAN and other ators, that you have a lot of these big packers have expanded their market colleagues is the opportunity, if you companies and they are sending in share from 32 percent to 80 percent. will, the waiver that any business can faxes and letters and they are lobbying The top four flour millers have in- file with the Justice Department, hard. creased their market share from 40 per- where a business can say: We have to But aren’t we going to be for the pro- cent to 62 percent. The market share of merge or we have to buy because we ducers? Aren’t we going to be for the the top four soybean crushers has are facing financial insolvency. We family farmers in our States? For Sen- jumped from 54 percent to 80 percent. allow for that. But we have to pass this The top four turkey processors now kind of amendment now because over ators who are not from the farm control 42 percent of production. Mr. and over again, every single day, we States, who do you want to control ag- President, 49 percent of all chicken are seeing these acquisitions and merg- riculture? Isn’t food a precious item? broilers are now slaughtered by the ers; more and more concentrated Should we not give these producers a four largest firms. The top four firms power, more and more concentrated fair shot? Wouldn’t it be better for the now control 67 percent of ethanol pro- power which is harmful to our pro- environment to have family farmers? duction. The top four sheep, poultry, ducers and harmful to our consumers Wouldn’t it be better for our rural com- wet corn, and dry corn processors now and harmful to America. munities? Wouldn’t it enable us to con- control 73 percent, 55 percent, 74 per- On present course, we are going to tinue to count on being able to pur- cent and 57 percent of the market, re- see a few large conglomerates that are chase food at a reasonable price? Why spectively. The four largest grain buy- going to control every phase of the in the world would we want to move to ers control nearly 40 percent of eleva- food industry from the seed to the su- a corporatized, industrialized agri- tor operators. permarket or grocery shelf. We are culture, where a few conglomerates The effect of this concentration has going to have a few landowners. Some- control the whole food industry? basically been to squeeze our producers body is going to own the land and That is not competition. That is not out. Our family farmers no longer have somebody is going to own the animals, Adam Smith’s invisible hand. That is the leverage or the power in the mar- but it is going to be just a few con- not the United States of America. I ketplace to get a decent price. This glomerates. offer this amendment tonight with my amendment is a cry from the country- That is dangerous for our country. colleagues. We will have the debate side. Everywhere I go in Minnesota and Thomas Jefferson told us it was dan- again next week, and then we will have other States, farmers say: We cannot gerous; Andrew Jackson told us it was the vote because we need to take some get a decent price because of this con- dangerous; Abraham Lincoln told us it action. centration of power, because of this was dangerous; Teddy Roosevelt, later We have to act now, otherwise there monopoly power. We are not able to on, told us it was dangerous. Why are are going to be more mergers and it is survive. When we look at the packers we not, in the Senate and House of going to be too late, and we are going and we look at the grain companies Representatives, willing to pass some to lose, as I said earlier, a whole gen- and we look at the exporters and we legislation which will promote com- eration of family farms. look at the processors, they are mak- petition, which will protect consumers, I have seen some of these faxes and ing good profits, sometimes record and which will give our farmers and letters that have come in. I do not even profits, but we cannot get a decent our producers who are going under have this in writing before me, but I price. some leverage in the marketplace? can almost remember it. Some of them Farmers say to me: Where is the This legislation is also important to say: Oh, my gosh, this is a threat to co- competition in the food industry? This the environment, to our rural commu- ops. amendment is an effort to put some nities, and to democracy. Co-ops are not covered. competition back into the food indus- Just yesterday the Wall Street Jour- Some of these letters say: But if you try. We are talking about an 18-month nal reported that Novartis and Mon- want to sell your farm, then you can’t moratorium. santo, two of the biggest agribusiness sell your farm. We are saying what we need to do is giants, may be merging. The Wall This does not apply to farms, it ap- take some time out. Something is not Street Journal accurately states: plies to these agribusinesses.

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.150 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14505

Then some say: This is going to stop This may be the final vote of this ses- evening to Senator HARKIN. I was going all mergers and acquisitions. sion this year. This vote will be very to suggest the absence of a quorum, That is not true either. We set up a telling for Senators who value a family but if my colleague from Oregon is test. There is a Hart-Scott-Rodino test farm structure of agriculture, for Sen- going to speak, I will not do so. Mr. right now where, if you have a big com- ators who have seen the anguish of President, I yield the floor. pany, the Justice Department has to farmers in our rural communities, and The PRESIDING OFFICER. The Sen- take a look at you to see whether or for Senators who have seen in personal ator from Oregon. not you are in violation of antitrust terms what record low farm prices and Mr. SMITH of Oregon. Mr. President, laws. We are applying this to the large record low farm income means. It is I rise to respond to Senator conglomerates and large agri- important to come to the floor and WELLSTONE, not with any personal ani- businesses. fight for people. mus at all, but to give a perspective on Then there is the argument, if a com- Tonight is the first speech. Wednes- this issue that perhaps I uniquely can pany is going under this, this would day we come back with 1 hour more of give because, I say to Senator prohibit them from selling or buying. debate. Between now and Wednesday, I WELLSTONE, before I came into politics, That is not true either. There is a am going to do everything I can as a I was a pea processor. waiver with the Justice Department Senator to make sure a lot of grass- I say to the Senator, his amendment for companies faced with financial in- roots people in our farm States and in covers everybody I know in the indus- solvency. other States contact Senators because try, save those who are in farm co- The question is whether or not the this is a tough fight. A lot of these operatives. Senate is willing to take some action large companies and a lot of their asso- Mr. WELLSTONE. Mr. President, right now that will make a difference. ciations that represent these large will the Senator yield for a quick ques- I cannot think, I say to every single companies—and I will read the names tion? I have to leave to try to get back colleague, of any vote that we will cast of the different organizations that are to Minnesota to mark Veterans Day, when it comes to family farms and ag- opposed to this legislation—pour in the but I want to ask my colleague, is he riculture that is more telling in terms faxes and pour in the letters. By the talking about a cooperative with which of what the Senate is about. way, I say to my colleagues, a good he was involved? We have a few conglomerates. My part of what they are saying is not ac- Mr. SMITH of Oregon. I ran a stock case is compelling. They control well curate. company, a food processing company. over 50 percent of the market. When I understand there are certain inter- But its ownership was not by farmers farmers look to from whom they buy ests who give a lot of money and are but by stockbrokers. and to whom they sell, it is monopoly heavy hitters, who are well connected Mr. WELLSTONE. I see. I thank my or oligopoly at best. They cannot get a and who are the players and investors, colleague. decent price. maybe too much so in both parties. I Mr. SMITH of Oregon. I come to the This amendment to the bankruptcy understand that a call for antitrust ac- floor, I say to Senator WELLSTONE, bill—by the way, on present course, tion or at least to call for a morato- with the same interest that he has in more and more farmers will be faced rium on these mergers and acquisitions farmers. I care very deeply about the with bankruptcy—let us have at least a of these large companies goes directly rural economy. I note, with great con- moratorium on these mergers of these at that power. But the truth is—and I cern, what is happening to my farmer large conglomerates. Let’s at least step conclude on this note—this is but a friends and the rural economy. And I back for 18 months, set up a commis- glimpse of what is to come. simply come here, in respect, and say, sion, study this, and come up with leg- In some ways, our country today re- while as well-motivated as I believe the islation that will provide some protec- minds me a little bit of the gilded age Senator from Minnesota is with his tion for family farmers so they can get of the 1890s, moving into the next cen- amendment, it is too broad and too a decent price in the marketplace. If tury. We moved into the 20th century. wrong when it comes to what we be- we pass that legislation in January or As we went through the 1890s, we had a lieve in in this country, which is a free February, then this moratorium is no tremendous consolidation of power market. longer operative. which gave rise to the populist move- I look at what has affected the farm- I come from a remarkable State. I ment, gave rise to progressives, gave ers in my area and much of rural Or- want to quote a remarkable Minneso- rise to Teddy Roosevelt, the Sherman egon. I know in Oregon the Asian flu tan, Ignatius Donnelly. I want to quote Act in 1890, the Clayton Act in the had a great deal to do with a loss of from a speech he gave at the People’s teens, and then the Stockyard Act of markets and low commodity prices. I Party Convention in 1892. It reads as if 1921 or 1922. This feels the same way. have watched, in horror, as this admin- it could have been written yesterday. We have CBS being bought by istration has attacked the grazing in- He was an implacable foe of monopoly Viacom. We have banks merging, a few dustry in my State, going after their power. Donnelly in his speech affirmed banks, a few large insurance compa- grazing rights, making sure the little that the interests of rural and urban nies, a few airlines—concentration of guy can’t utilize public lands anymore. labor are the same. He called for a re- power in telecommunications, con- I have watched, with amazement, that turn to America’s egalitarian prin- centration of power in agriculture—the in the Columbia Basin there is actually ciples. He said: list goes on and on. serious talk about taking out transpor- We seek to restore the Government of the I am a Senator from a farm State. I tation systems provided by hydro- Republic to the hands of the plain people am a Senator from an agricultural electric dams that are able to trans- with whom it originated. State. I am a Senator from the Mid- port hundreds of millions of tons of We should do no less. If we want to west. I am a Senator from the State of wheat and grain inland from Idaho all sustain a vibrant rural economy and a Minnesota, and when I look at the need the way to the Port of Portland and thriving democracy, we need urgently to do something about this monopoly out into the Pacific rim. What happens to reform our farm and antitrust laws, power and I look at the need to do to those farmers? This bill does not and we have to act now. Time is not something that will give our producers, help at all. neutral. Time rushes on, and if we are our family farmers a fair shake, I can- I look at the Food Quality Protection not willing to take this action next not think of any more important ac- Act being administered by the Environ- week, time will leave many farmers be- tion we can take than to at least have mental Protection Agency. While I sup- hind. Now is the time to act. this temporary moratorium on these port the Food Quality Protection Act, Next week, I will read from letters of mergers. I have been one who has pled with this support from any number of different Mr. President, I ask how much time administration to employ good science farm organizations, and I will start out I have left this evening. as they review chemical tolerances. As with the Farmers Union, which has The PRESIDING OFFICER (Mr. AL- they take away the pesticides, the her- been so helpful in this whole effort. I LARD). The Senator has 55 minutes. bicides that these farmers have de- especially thank Tom Buis for all of his Mr. WELLSTONE. Mr. President, I pended upon—which have greatly con- policy work. yield the rest of the time I have this tributed to their ability to be good

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.153 pfrm02 PsN: S10PT2 S14506 CONGRESSIONAL RECORD — SENATE November 10, 1999 farmers and to produce high-quality 18-month moratorium, no market con- I am aware of one farm cooperative crops with low production costs—they duct, no mergers, no acquisitions can this year that has said to their grow- leave farmers with no effective alter- occur among stock-held companies. ers, the dollar you put in for a crop, we natives. This bill does not address However, this same activity, among are going to pay you 75 cents this year. these farmers’ concerns. farm cooperatives, is no problem. That And, in this instance, all of the stock I have to say that the way the Sen- makes no sense to me. In fact, a lot of food processors are paying 100 cents on ator from Minnesota has described this farm cooperatives buy stock compa- a dollar, plus the profit that they guar- day of decision with respect to farmers, nies. To me, this is just patently un- anteed by the contract. So we are I think he has forgotten that we in this fair. If we should do something this un- going to punish the processor that is Congress have already voted out $8.7 American, this countermarket, we delivering 100 cents and more on the billion in emergency assistance to should do it to all. But, frankly, let’s dollar? We are going to advantage farmers to help tide them through this not do it to any. those who are delivering less than very desperate season. There are many ways to help the that? Many of us have gone to the U.S. farm community without this kind of This amendment is misguided and Trade Representative and pled that market intrusion by the Government. must not pass, or we will be punishing this time, in Seattle at the WTO meet- This really is an amendment that will farmers and food processors that sim- ings, agriculture not be left out. One of ask every Senator what they believe ply do not deserve this kind of treat- the predicates of the Freedom To Farm about the free market system, not ment from the Senate. Act was that we would increase mar- what they believe about helping farm- I rise in opposition to the amend- kets and we would decrease regula- ers. ment being brought forward by the tions. We have not done either of those My Heavens, there is almost nothing Senator from Minnesota. While I recog- things. We have diminished markets, you could bring to this floor that nize the concern among farmers in his and we have increased regulation. We would actually help a farmer that I state and mine over agribusiness con- have, I am afraid, perhaps cut the would not vote for or have tried to vote centration, I believe we would be mak- farmer too short a deal. That is in part for and have taken a lot of heat for being a profound mistake if we were to why we had to send another $8.7 billion cause I have voted for things that real- respond to the current situation by in assistance this year. ly do help a farmer to survive. But to adopting this amendment today. In addition to that, I have tried to go in and say one class of farm proc- I, too, am concerned about the future help farmers with the whole issue of essors is exempt but two-thirds of you of family farmers and American agri- immigrant labor, trying to reform the cannot participate in the free market, culture. Agriculture is one of the larg- H–2A program. I am amazed at the frankly, strikes me as strange. est industries in Oregon. It represents things that are said about those of us I will tell you another thing that more than 140,000 jobs including on- who actually believe immigrant work- really is troubling based on my experi- farm employment, food processing, ers should have some legal stature to ence. I have seen many farm coopera- marketing, and all the other factors be here, to do labor that they want to tives be very good at producing lots of that go into bringing fine Oregon do and that agricultural employers food, lots of surplus. In some instances, produce to restaurants, grocery stores, need them to do if they are going to some have not been as good at mar- and dining room tables around the have a harvest. I have been amazed at keting that surplus. So in a back- country. It is the dominant industry in the way that we, who are trying to im- handed way, what we are saying is, if many Oregon counties, and it flour- prove their legal standing, are charac- you organize yourself in this way, you ishes just a short drive from the urban terized by those who are in the labor get the benefit of the free market, but centers of Portland and Eugene. So shortage business. if you organize yourself as a stock when farmers are concerned about If you want to hurt a farmer, just company, you are limited as to how something, I am too. make sure he does not have the ability you can merge, sell, and acquire. I am well aware that many people in to have his crops harvested. The What does that mean to two-thirds of farm country are suffering these days amendment of the Senator from Min- the farmers in this country? What does from another year of low commodity nesota does nothing for these farmer’s that mean to them, if their output goes prices. Most of the farmers that have concerns. to a stock food processor? It means the spoken to me about this current farm I want him to know, and anyone else food processor, if he or she is in trou- crisis believe it is mainly due to the interested in this issue, that Senator ble, has one option because they can’t lack of overseas market access, expen- HATCH, of the Judiciary Committee, sell. They can’t merge. They could go sive environmental and labor regu- has announced that there will be hear- bankrupt. So what have you done to latory burdens, and in some areas, nat- ings on agricultural concentration so help the two-thirds of the farmers in ural disasters. For a state like Oregon we can examine the instances where this country, if you put their outlet of that exports much of its produce across perhaps the Federal light ought to be production in that kind of jeopardy? the Pacific, the recent Asian financial put on a few mergers and acquisitions. This amendment is a shotgun blast crisis has had a devastating impact on We have laws to take care of those at the marketplace. I plead with my farmer’s bottom lines. Moreover, in the things. They need to be enforced. Per- colleagues, I appeal to their commit- Northwest especially, I have been wit- haps they are not being enforced to the ment to free enterprise not to interfere ness to an Administration that has not extent some would prefer. Senator in the marketplace in this way. This been particularly friendly towards the HATCH’s hearings I believe will get at does not work. This is not fair. This is interests of rural communities by con- that issue. not the American way. tinuously threatening long-standing But the thing I would really to im- If there are antitrust problems, we grazing rights and the essential grain press upon my colleagues in the Senate have laws for that. If there is illegal transportation network afforded by the is that Senator WELLSTONE’s amend- conduct, we have laws to go after lower Snake River dams. ment exempts farm cooperatives. I crooks. But why penalize all of the ag- So I have tried to be very sensitive have nothing against farm coopera- ricultural community that organizes and responsive to the needs of farmers tives. They do a lot of business in my themselves in stock companies as op- in rural America that have fallen into State, and they do a lot of good in my posed to farm cooperatives? It makes something of a mini-depression while State. They play a very important role no sense. I, frankly, don’t know of a watching their urban counterparts in agriculture. About one-third of the precedent for that in our Nation’s his- enjoy an economic boom. Here in the farmers in this country have a farm co- tory. Perhaps someone can show me Congress, we have decided to direct bil- operative for the outlet of their pro- one. This is not the way to help farm- lions of taxpayer dollars in assistance duction. How about the other two- ers. This is wrong. This penalizes hun- to help tide farmers over during these thirds? The other two-thirds grow their dreds and thousands of food processors lean years—another $8.7 billion was products for stock-owned companies. who are trying to deliver to the farmer sent out to farm country this fall. I What the Senator’s amendment is a good outlet for their product and to have voted for these assistance pack- proposing to do is to say that in this pay them a fair price. ages knowing that they are short-term

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.175 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14507 fixes and that much work remains to I concur with the Senator from Min- businesses have found it helpful, if not be done to improve the long-term out- nesota that this is an important issue. imperative, to band together to meet look. Part of this is improving the de- However, I must respectfully disagree the challenges of the new economy and, mand side of the equation through the with his conclusion that an outright ultimately, the demands of the con- expansion of trade opportunities. I moratorium on agribusiness mergers is sumer. have been very supportive of unilateral the right response. It is demand of the consumer that I sanctions reform, tearing down agri- His amendment would impose a mor- believe is a large reason for the grow- culture trade barriers through the atorium on mergers and acquisitions ing disparity between the food dollar WTO, and full funding for the pro- among agribusinesses with annual net paid at the retail level and the cash re- motion of American commodities over- revenue or assets of more than $100 ceived by farmers for their crops. To- seas utilizing the Market Access Pro- million for one party, and $10 million day’s consumer is demanding greater gram. These efforts are all vital to infor the other. This would affect agri- convenience, enhanced nutritional duce a rebound in world demand, and, culture brokers, commission mer- value, choices in packaging, low fat eventually, a rebound for our farmer’s chants, commodity dealers, agricul- and nonfat products, faster and easier prices here at home. An equally impor- tural suppliers such as seed and chem- to prepare items—all values usually tant part of the equation is to reduce ical producers, and food processors. added to the product after it leaves the costs of production for farmers that This moratorium would remain in ef- farm. In addition, all of these new come in the form of excessive feder- fect for 18 months or until Congres- products have to be marketed in some ally-mandated regulations. I have sional legislation on this issue is en- way so that the customer knows they worked hard to overhaul the currently acted. In addition, this amendment are available and attaches values to impractical H2A guest worker program would create a new 12 person federal the brand names. And, of course, these and free farmers from INS and Social panel to investigate the issue and re- products must be offered at a price the Security Administration intimidation port back to the Congress and the consumer is willing to pay. by giving them a legal workforce. I President. I find it remarkable that There are a host of reasons why com- have consistently pushed for a science- one week after tearing down barriers to panies find it in their best interest to based implementation of the Food mergers and increased efficiencies in merge or why one company agrees to Quality Protection Act, and an even- the financial sector, we are now consid- be acquired by another. Certainly, any handed review of pesticide tolerances. I ering doing the opposite for agri- of my colleagues that have experience believe that continued work to open business, an industry in part respon- in the business world understand that market opportunities for farmers while sible for delivering the safest and most there are occasions when businesses, fulfilling our promises to ease regu- economical food supply in the world. searching for the greatest efficiencies latory burdens—in other words keeping What kind of message for American and competitive advantage, find the the Congress’ promises under the Free- competitiveness would we be sending need to sell an underperforming or un- dom to Farm bill—will be necessary in to the business world by placing such profitable division. There may be an- order to get the farm economy back on an arbitrary 18 month moratorium on other business out there with the right track. With that said, I am also aware that only certain actors within a particular mix to take these divisions on and many farmers in my state and around industry? make them efficient and profitable. In the country have reservations about Unlike most people here in the Sen- some instances, businesses that are the pace of change and consolidation ate, I have actually run a food proc- failing would have to close their doors underway in certain agriculture sec- essing business. I have had to meet a altogether if there is no willing buyer tors. The meat packing and grain proc- payroll, efficiently produce a high to come in and restructure the com- essing industries have seen a number of quality product, endure all of the bu- pany. If there is no buyer for these headline-grabbing mergers and acquisi- reaucratic government regulations— businesses, the alternative is simply to tions in recent years. Critics of these and do it all at a competitive price the see these jobs lost. This ability to ad- mergers often cite the 3% rise in con- consumer was willing to pay. I had to just to the market and the changing sumer food prices that has come over go out there and compete in the mar- demand of consumers is a fundamental the last 15 years while the farmer’s per- ketplace. From my experience, I can component of our free enterprise sys- centage of the food dollar has simulta- tell you that it is a lot more competi- tem. Now, I am aware that a provision neously dropped 36%. Others note the tive, at least in the frozen vegetable of the Wellstone amendment might high profits attained by large agribusiness, than proponents of this allow businesses in severe financial dis- businesses at a time when many farm- amendment would have you believe. I tress to request a waiver from Janet ers continue to suffer from historically am afraid that the Wellstone amend- Reno, but that option strikes me as es- low commodity prices. Certainly, the ment, which has not been subject to pecially bureaucratic and time-con- pace of the concentration and how it Senate hearings or markup in com- suming. affects the bargaining power of average mittee is overreaching and blatantly Despite their portrayal as the oppres- producers and the overall future of unfair to many honest business people sor of family farmers, many agri- family farming warrant careful review in the agriculture sector. businesses are family-owned operations by appropriate federal agencies and We all know that revolutionary inno- or small businesses. Although $10 mil- continued study by the Congress. I vations have developed in technology, lion in assets or annual sales sounds note that this issue of concentration marketing, and food production and like a lot, when considering the cap- and competitiveness in agriculture was processing over the last one hundred ital-intensive nature of many of these the subject of a recent hearing in the years. Our country has shifted from an food processing and support businesses, House Judiciary Committee just a few agrarian economy to an industrial it is not an uncommon threshold to weeks ago. In addition, Chairman economy to an information technology surpass. Many of these business-owners HATCH just announced last week that and service economy. Today American and entrepreneurs are depending on his Judiciary Committee will be look- agriculture has become part of a global their businesses to serve as their nest ing into this issue in a comprehensive marketplace. This is a far cry from the egg for retirement. The Wellstone pro- way early next year. I also want to turn of the century when many if not posal would prevent an unknown num- point out that we in the Congress, most Americans were directly em- ber of families in these circumstances largely in response to concerns about ployed in food production and many from selling their business to whom the competitiveness within the meat producers distributed their goods large- they pleased. packing industry, just passed a provi- ly within their own local area. The ag- Even worse, the Wellstone proposal sion to the FY 2000 Agriculture Appro- ribusiness sector—from processors and only applies to certain agribusinesses— priations bill that requires mandatory brokers to suppliers and grocers—has it specifically exempts agriculture co- price reporting for meat packers. So I changed with the times as well; just operatives. Many co-ops are large agri- want farmers to know that the issue of like the small farmer buying land from businesses in their own right that have agribusinesses concentration has not his neighbor to add production acreage, also acquired smaller companies in re- gone unnoticed by the Congress. many food processors and agri- cent years. Yet, under the Wellstone

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.063 pfrm02 PsN: S10PT2 S14508 CONGRESSIONAL RECORD — SENATE November 10, 1999 amendment, they would be in direct alike. I urge my colleagues to join me tural sector affects not only farm fami- competition with other agriculture in opposition to the Wellstone amend- lies and rural communities. Everyone businesses and free from the requirement. eats. Consumers ought to ask whether ments of this moratorium. I yield the floor. they will enjoy the same high-quality Mr. President, with this proposal, Mr. HARKIN addressed the Chair. food at reasonable cost if our food sup- you would be led to believe that the The PRESIDING OFFICER. The Sen- ply is in the hands of a few corporate Justice Department has failed to up- ator from Iowa. giants instead of many thousands of hold our federal antitrust laws. How- Mr. HARKIN. Mr. President, the face family farms. ever, that has not been the case. In the of American agriculture is being Make no mistake about it, the sweep- case that set off much of the concern in changed dramatically by the quick- ing consolidation in the food and agri- the first place, the Cargill-Continental ening pace of mergers, buyouts, take- cultural sector is not about productive Grain acquisition, the Department of overs and vertical integration. Over efficiency. When it comes to efficiency, Justice allowed the deal to go through the years, farm families have survived nobody beats the independent family only after the companies divested four bad weather and ups and downs in the farm. What is taking place is about the port elevators, four river elevators, a markets. They have adapted to new corporate bottom line: stock deals, po- rail terminal, and made a number of technologies, new ways of buying pro- sitioning in the market, and capital- other concessions to enhance competi- duction inputs and new ways of mar- izing on economic power. Is it in the tion. The Justice Department inter- keting what they produce. best interests of this country to have a vened and required similar divestiture But today farm families are being hit food and agricultural system domi- before approving the Monsanto Cor- by a tidal wave of economic concentra- nated by the principles and standard poration’s acquisition of DeKalb Genet- tion and consolidation that is threat- operating procedures of Wall Street? ics Corporation, ensuring continued ening their survival in a way that is Does it make any sense to continue competitiveness in the genetically- unlike anything in the past. The pace down a path of ever increasing eco- modified seed industry. Another an- of consolidation is being driven even nomic power and consolidation among nouncement came just last week with faster by the disastrously low com- agribusiness firms while family farm- respect to the merger of New Holland modity prices of the past couple of ers are driven off the land? and Case Corporations, major farm years. These are deeply troubling times The underlying principle of our Na- equipment suppliers. I know the defini- for anyone concerned about the future tion’s antitrust laws is that we are all tion of supplier in this amendment ex- of the family farm—and we are quickly better off with a system of full, free, empted farm equipment, but many running out of time to turn things and fair competition in the markets. farmers were concerned about the po- around. The rapidly growing economic con- tential implications of this merger, Senator WELLSTONE’s amendment, of centration in the food and agricultural nonetheless. In this case, the Justice which I am a cosponsor, is vitally nec- sector stands this principle on its head. Department again required divestitures essary because I believe that we need a We have to ask why the antitrust laws on the part of both companies. So, so I time-out from the headlong rush to- on the books are not working to stem think the evidence is clear that the ad- wards ever greater economic con- the tide of economic concentration in ministration is looking at these merger centration and consolidation in agri- agriculture. proposals, and looking fairly carefully culture. All this amendment does is Now, the speaker before me—I lis- at what impacts they may have in the put a hold on mergers and acquisitions tened carefully—said over and over market, and enforcing federal antitrust involving large agribusiness firms for a again that we shouldn’t be interfering law. Coming on the heals of last Fri- period of 18 months or until legislation in the marketplace. Well, there are day’s well-publicized victory for the is in effect addressing market con- times when we must interfere in the Antitrust Division, I find it astounding centration in the agricultural sector, marketplace because unbridled exploi- that there are those that would imply whichever comes first. So it can’t be tation of the marketplace leads to con- this is an agency that is sleeping on longer than 18 months. centration, undue economic power, and the job. All this amendment is saying is that monopoly practices. If you don’t be- In closing, I believe the matter at we have to take a pause to get a handle lieve me, look what has happened with hand is a simple one. Mr. President, on the mergers and acquisitions in ag- Microsoft. Why did we have the Clay- the Wellstone amendment is the wrong riculture that I believe have gotten out ton and Sherman Antitrust Acts in the answer to the wrong question. This of hand and out of control. Some will first place? Because unbridled eco- isn’t the key to farm recovery—that say the amendment goes too far, as my nomic power led to more and more con- lies with expanding trade opportuni- friend from Oregon just said. But I centration, more and more monopolies, ties, government regulatory relief, and think the merger mania in agriculture and less and less competition. fulfilling our promises under Freedom has gone way too far already. We must I believe in the marketplace, but the to Farm. And this is not even the way act before the family farm is driven to marketplace must be tempered. The to solve any flaws that may exist with total extinction. marketplace must be tempered by ade- our current antitrust laws. Those solu- I tell my colleagues, there is no more quate rules and regulations and laws tions must be developed with the scru- critical issue to the farm families of that keep one party from becoming so tiny and public hearings of the Judici- America than the rapid and sweeping big it can squash out all effective com- ary and Agriculture Committees. Do changes taking place in the economic petition. So to say we shouldn’t inter- we want to set a precedent today by structure of agriculture. It is an issue fere in the marketplace is to fly in the placing this kind of moratorium on that I believe overshadows even the face of what our stated policy has been business activity for one particular in- record low commodity prices that are for the last century in America. dustry and treat them differently than devastating rural America. Farm fami- We do interfere in the market. We all other businesses? Do we want to lies and their communities have their interfere in the market to try to keep take a sweeping and unprecedented backs against the wall, and they are it a free and open and fair and competi- step of pushing a merger moratorium fighting for survival. They are being tive market. Otherwise, let the big get on an unknown number of businesses overrun by economic forces far more bigger, let them buy out everybody that play key roles in our food chain? powerful than they are. The least we else, and let them squash competition. I hope my colleagues will agree with can do is to provide a time-out before Why bring a case against Microsoft? me that the correct answer to both it is too late. Because I think it is being shown that questions is no and that the prudent Far too little attention has been paid Microsoft is engaging in anticompeti- step to take here is to accept Chairman to the tremendous consequences of tive behavior to squash out competi- HATCH’s offer to have comprehensive transforming American agriculture tion so that they can charge the con- hearings on the matter early next year from a system of independent family sumers what they want to charge for and take subsequent appropriate action farms to one based on the corporate in- what they offer, not what competition in a way that is fair to our farmers, our dustrial model. Ever greater economic in an open market would bring to the businesspeople, and our consumers, concentration in the food and agricul- consumers of software, but whatever

VerDate 29-OCT-99 21:18 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.064 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14509 Microsoft wants to charge for what to the survival of family farms now ex- to be there in that half hour’s time, on they choose to sell because they can ef- isting. This amendment provides for a that appointed day, or you don’t sell fectively squeeze out everyone else. pause, a breathing spell, so family cattle that week. I don’t know how I don’t buy the argument that we farms are not driven to extinction be- that is competition. I don’t know how have to keep our hands off of the mar- fore we can even get a handle on what we can say today this is the free enter- ket. We tried that in the past, and it has happened. prise system that we all defend and brought us to the brink of ruination. I urge my colleagues to support the espouse. What is free enterprise when So you have to have interventions peri- amendment. you have one buyer and all these pro- odically. I think where we are in agri- I yield the floor. ducers lined up to sell, almost suppli- culture now begs us for that kind of Mr. Presdient, I suggest the absence cating themselves to that buyer? That intervention. of a quorum. isn’t free enterprise. That isn’t what Now, there is one other important as- The PRESIDING OFFICER. The we say agriculture is supposed to be. pect of this amendment. It sets up an clerk will call the roll. Most important, that isn’t ever going Agriculture Concentration and Market The legislative assistant proceeded to allow us the confidence that we need Power Review Commission to take a to call the roll. as we look to the future and encourage close look at economic concentration Mr. DASCHLE. Mr. President, I ask young people and encourage rural peo- in agriculture and to make rec- unanimous consent that the order for ple to stay where they are. They need ommendations on changes in antitrust the quorum call be rescinded. more confidence and more assurances laws and other Federal laws and regu- The PRESIDING OFFICER. Without than what we are giving them today. lations in order to ensure that there is objection, it is so ordered. So this amendment is really pretty a fair and competitive marketplace for Mr. DASCHLE. Mr. President, I simple. It just says, let’s take a deep family farmers and rural communities. wanted to come to the floor for just a breath, let’s not do anymore until we Again, in that connection, I want to moment to express my support for the have had a chance to analyze whether say that the present Justice Depart- Wellstone amendment, as well. I com- or not our fears are being realized, ment has been the most active in the mend the distinguished senior Senator whether or not we really have any le- area of antitrust enforcement in agri- from Minnesota, as well as the Senator gitimate basis for concern, whether or culture of any Justice Department in from Iowa, for their work and for the not the situation is going from bad to my experience in Washington. So I effort that this amendment represents. worse. That is all we are saying. Once commend the Attorney General and es- Basically, this amendment has a very it happens, it can never be undone. I pecially commend assistant Attorney simple purpose. It is simply to take a doubt very much that we will ever go General Joel Klein for bringing new deep breath, take a close look, and to back and say, OK, we are going to life to antitrust enforcement in agri- give careful thought to what is hap- break up these companies, because that culture and elsewhere. Incidentally, I pening in agriculture today. We all is the only way it is going to assure congratulate Mr. Klein for his wisdom espouse the free enterprise system. We that we have the kind of competitive and judgment in taking on the Micro- all say that we are enthusiastic advo- environment that we need. I don’t soft case, because I believe if this case cates of real competition, which is think that is in the offing in the short had not been pursued, Microsoft would really the essence of the free enterprise term. So while we still have a chance have gotten even bigger and bigger, system—competition. We all express to put everything on hold, to analyze and more and more of any competition our grave concern when we find cir- whether or not this is good, why not would have been snuffed out. I think cumstances within the economy that simply say, let’s take a deep breath. this case is going to help consumers. are not competitive. Yet, as we look at I personally don’t believe that we But the Justice Department can only agriculture today, as we look at the ought to be content with just this. I do so much under the present state of tremendous economic power now rep- really worry about whether or not our antitrust laws. We must keep in resented in fewer and fewer companies, vertical integration in agriculture ulti- mind that the antitrust laws on the with more and more mergers underway mately is going to destroy the young books were written around the close of almost weekly, one has to ask, how family farmer, or the livestock pro- the 19th century, and we are now at the much is enough? When do we under- ducer. Once you have the processor in beginning of the 21st century. The eco- mine the very tenets of free enterprise charge of every step from to table, then nomic structure of agriculture and ag- by continuing to look the other way you really don’t have competition. ricultural businesses has changed dra- when these mergers are announced? We More and more, that seems to be the matically in the intervening years. In see it especially in livestock. The lat- approach the large processors are tak- addition, there have been many court est announcement that Smithfield Cor- ing—get involved in production, get in- decisions interpreting and applying the poration will be acquiring Murphy volved in transportation, get involved general language of the Sherman and Farms illustrates the point. There are in wholesaling, get involved in retail- Clayton Acts. Those decisions, quite fewer buyers. There are fewer proc- ing, get involved in every single aspect frankly, have not all been favorable to essors. There are fewer options. There from top to bottom. I am concerned the strong antitrust enforcement that I are fewer and fewer competitors. about vertical integration. believe we need in the area of our food Mr. President, when that happens, we It seems to me that when we made and agriculture system. reach a point where there is no com- the decision to break up the old tele- So, at the end of this century, almost petition. I am not one who is prepared phone company back in the early 1980’s 100 years after the Sherman and Clay- today to say that there is collusion in we created a competitive explosion the ton Acts and after court decisions that the market, that there is something il- likes of which we never imagined, and I believe have interpreted these laws in legal going on in the market; but I am from which we are still benefiting ways that are inimical to the best in- prepared to say today that what is hap- today. We see things that are hap- terests of family farms, this amend- pening in the market is not healthy for pening today that make other coun- ment will put a brake on the category agriculture. What is happening in the tries’ heads spin. We broke up a large of large agribusiness mergers and ac- market goes the wrong way from com- company, and we made progress the quisitions for a period of time, 18 petition. What is happening in the mar- likes of which we could have never months, so we can have a careful re- ket today precludes real opportunities have anticipated. I would love to see view of economic concentration in ag- for producers to be able to ensure a fair the kind of competition, the kind of ex- riculture and of what need we have for price, a real opportunity in the mar- citement, the kind of enthusiasm in ag- changes in the law to ensure a fair and ketplace, a real sense of competition. riculture as we now see in tele- competitive marketplace in agri- I was just told again last week that communications. culture. in many places in South Dakota, a Mr. President, I am hopeful that we There is a lot of rhetoric flying buyer will tell you that he will be in a will send the right message. I am hope- around about sustaining the family location for one day for as little as one- ful that we can simply say, Look. At farm in this body. This amendment al- half hour, and if you want to be able to the very least, let’s stop before we lows us to address the greatest threat sell your cattle to that buyer, you have allow this to go any further for just a

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.179 pfrm02 PsN: S10PT2 S14510 CONGRESSIONAL RECORD — SENATE November 10, 1999 few months—18 months. Let’s make (b) PURPOSES.—The purposes of this title I thank Senators FEINSTEIN, SCHU- some good decisions, and calculate are— MER, and DODD for their cooperation in whether or not this is good for the (1) to facilitate the public policy of the getting very short time agreements on country and good for the agriculture United States as set forth in the findings their amendments. I compliment the stated in paragraphs (1), (2), and (3) of sub- industry. section (a); Senator from Iowa. He and his staff I think it is a good amendment. I (2) to remove a serious threat to the eco- worked with me and my staff, as well support it. nomic well-being of the States and regions in as Senator HATCH and Senator I yield the floor. which imported electric power is provided TORRICELLI. We have cleared out an I note the absence of a quorum. under the contract referred to in section awful lot of what looked to be a totally The PRESIDING OFFICER. The ll02(a)(4); and unmanageable bill with the number of clerk will call the roll. (3) to facilitate revisions to the price ele- items we had before us. The legislative clerk proceeded to ments of the contract referred to in section I yield the floor. ll call the roll. 02(a)(4) by declaring and making unlaw- Mr. HELMS. Mr. President, pro- Mr. GRASSLEY. Mr. President, I ask ful, effective 180 days after the date of enactment of this Act, the contract as it exists on tecting America’s children, our most unanimous consent that the order for vulnerable future leaders, is one of the the quorum call be rescinded. the date of enactment of this Act. ll highest obligations of government. The PRESIDING OFFICER. Without SEC. 03. UNLAWFUL CONTRACT AND AMEND- ED CONTRACT. Foremost among the reasons for wag- objection, it is so ordered. (a) IN GENERAL.—Effective on the date that ing a war on illegal drugs is the threat AMENDMENT NO. 2648 is 180 days after the date of enactment of drugs pose and the damage they inflict (Purpose: To protect the citizens of the State this Act, the contract referred to in section ll on the children of America. of Vermont from the impacts of the bank- 02(a)(4), as the contract exists on the At the core, it has always been un- ruptcy of electric utilities in the State) date of enactment of this Act, shall be void. (b) AMENDMENT OF CONTRACT.—This title derstood that drug policy is primarily Mr. GRASSLEY. Mr. President, I ask a federal responsibility. The vast ma- unanimous consent that the pending does not preclude the parties to the contract referred to in section ll02(a)(4) from jority of illegal drugs consumed in the amendment be laid aside, and I call up amending the contract or entering into a United States are produced outside of amendment No. 2648, and ask that the new contract after the date of enactment of our borders, smuggled into the coun- amendment be agreed to, and the mo- this Act in a manner that is consistent with try, transported across state lines, and tion to reconsider be laid upon the the findings and purposes of this title. ll distributed via a complex multi-faceted table. SEC. 04. EXCLUSIVE ENFORCEMENT. criminal network. If we hope to combat The PRESIDING OFFICER. Without (a) IN GENERAL.—Only the Attorney Gen- the spread of this cancer effectively, objection, it is so ordered. eral of a State in which electric power is pro- The clerk will report. vided under the contract referred to in sec- the federal government simply must The legislative clerk read as follows: tion ll02(a)(4), as the contract may be take the lead role. amended after the date of enactment of this The able Senator from Georgia, Mr. The Senator from Iowa (Mr. GRASSLEY), for Act, may bring a civil action in United COVERDELL, expressed that view well Mr. JEFFORDS, proposes an amendment num- States district court for an order that— when he said: bered 2648. (1) declares the amended contract not con- [W]hile our schools are the responsibility The amendment is as follows: sistent with the findings and purposes of this of states and local communities, the federal title and is therefore void; At the end, add the following: government has a responsibility to lead. . .. (2) enjoins performance of the amended TITLE ll—PROTECTION FROM THE IM- We must act now to ensure that every child contract; and PACT OF BANKRUPTCY OF CERTAIN has the opportunity to learn in a safe and (3) relieves the electric utilities that are ELECTRIC UTILITIES drug-free school. . . . The message we send party to the amended contract of any liabil- SECTION ll01. SHORT TITLE. our children on drugs is a real problem. ity under the contract. This title may be cited as the ‘‘Emergency When the message is anything short of zero (b) TIMING.—A civil action under sub- tolerance for drugs, we encourage drug usage Imported Electric Power Price Reduction section (a) shall be brought not later than 1 by kids. Act of 1999’’. year after the date of the amended contract ll SEC. 02. FINDINGS AND PURPOSES. or new contract. Mr. President, I agree absolutely. (a) FINDINGS.—Congress finds that— This recognition led me, along with (1) the protection of the public health and The PRESIDING OFFICER. Without objection, the amendment is agreed to. several other Senators, to introduce a welfare, the preservation of national secu- bill in the past two Congresses to ex- rity, and the regulation of interstate and for- The amendment (No. 2648) was agreed eign commerce require that electric power to. tend the provisions of the Gun-Free imported into the United States be priced Mr. LEAHY. Mr. President, in ref- Schools Act to illegal drugs. A modi- fairly and competitively; erence to the bankruptcy bill, I am fied version of that bill was also intro- (2) the importation of electric power into pleased that the Senate has offered the duced as an amendment to S. 254 ear- the United States is a matter vested with managers’ amendment. It greatly im- lier this year; that version was unani- the public interest that— proves the underlying bill and will im- mously agreed to by the Senate. (A) involves an essential and extensively prove the suggestion from both sides of Today, I am reintroducing that regulated infrastructure industry; and amendment as part of the Hatch- (B) affects consumers, the cost of goods the aisle. manufactured and services rendered, and the I am pleased we passed the Kohl-Ses- Ashcroft-Abraham drug amendment, of economic well-being and livelihood of indi- sions-Grassley-Harkin amendment on which I am a proud cosponsor. viduals and society; homestead exemption. I am thankful for the opportunity (3) it is essential that imported electric I wish the drug amendment, which once again to allow Senators to go on power be priced— was adopted by a 50–49 vote earlier this record in support of the eradication of (A) in a manner that is competitive with afternoon, had not been agreed to. I illegal drugs from our classrooms. Sim- domestic electric power and thereby con- think it was the wrong direction to go. ply put, my amendment conditions re- tribute to robust and sound national and re- But the Senate voted. ceipt of federal education funds on gional economies; and I regret that the Senate rejected the state adoption of a policy of ‘‘zero tol- (B) not at a rate that is so high as to result in the imminent bankruptcy of electric utili- Dodd amendment. But I note that with erance’’ for student drug dealers. By ties in a State; and the efforts of the Senator from Iowa zero tolerance, my amendment would (4) the purchase of imported electric power and the Senator from Utah, the Sen- require that drug traffickers be ex- by the Vermont Joint Owners under the ator from New Jersey, Mr. TORRICIELLI, pelled from school for not less than one Firm Power and Energy Contract with and myself, we narrowed the number of year. Hydro-Quebec dated December 4, 1987— amendments from over 300 to approxi- Anyone who thinks this policy un- (A) is not consistent with the findings stat- mately 30. We are working through duly harsh should consult the 1998 ed in paragraphs (1), (2), and (3); and them. CASA National Survey of Teens, (B) threatens the economic well-being of I should note just for the schedule Teachers and Principals. Prepared by the States and regions in which the imported electric power is provided contrary to the that we have a number of Democrats the National Center on Addiction and public policy of the United States as set who have offered short time agree- Substance Abuse at Columbia Univer- forth in the findings stated in paragraphs (1), ments on their amendments to expe- sity under the direction of President (2), and (3). dite getting their votes. Carter’s former HEW Secretary, Joseph

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.302 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14511 Califano, the report states under the It is time to provide a logical and ∑ Mr. MCCAIN. Mr. President, I regret heading ‘‘Drug Dealing in Our common sense extension of that act by that I was unable to be here for the Schools’’: focusing not merely on the gun but on votes yesterday on the minimum wage. For too many kids, school has become not why students take guns to school in In the past, I have opposed increases primarily a place for study and learning, but the first place. We must acknowledge in the minimum wage because of my a haven for booze and drugs. . . . Parents that many children take guns to school concern about the impact on small should shutter when they learn that 22% of either because they are involved in il- businesses, as well as the combined ef- 12- to 14-year-olds and 51% of 15- to 17-year- legal activity or because they seek to fects of the 1996 minimum wage in- olds know a fellow student at their school protect themselves from those who are. crease on jobs and the economy. Many who sells drugs. . . . Indeed, not only do small enterprises operate on a very many of them know student drug dealers; A comprehensive effort to rid our often the drug deals take place at school schools of weapons must eliminate the thin margin, and the imposition of ad- itself. Principals and teachers may claim reasons why students arm themselves ditional costs could result in the clo- their schools are drug-free, but a significant not merely prohibit the possession of sure of businesses and the loss of jobs. percentage of the students have seen drugs weapons. Such an outcome would serve only to sold on school grounds with their own eyes. This realization is not lost on those hurt the very people we are trying to . . . In fact, more teenagers report seeing who are on the ‘‘front lines’’ of our war assist. drugs sold at school (27%) than in their own on drugs. When surveyed, students, I understand how difficult it is to neighborhoods (21%). teachers, and parents express over- make ends meet in today’s economy. The report goes on to detail that stu- whelming support for the adoption of a Many families are struggling and many dents consider drugs to be the number zero tolerance policy for drugs at small business people who create the one problem they face, that illegal schools. In fact, the closer they are to vast majority of new jobs are clinging drugs are readily available to students the problem, the more enthusiastic to solvency. I believe Congress must of all ages, and that illegal drugs are they are in support of zero tolerance. work to enact measures to strengthen now cheaper and more potent than ever For example, the CASA study that I the small business sector, bolster job before. According to CASA, ‘‘one in mentioned earlier found that 80% of creation, and enhance job security, in- four teenagers can get acid, cocaine or principals, 79% of teachers, 73% of cluding further responsible tax and reg- heroin within 24 hours, and given teenagers and 69% of parents support ulatory relief. enough time, almost half (46%) would zero tolerance. Additionally, 85% of I oppose the Kennedy amendment be- be able to purchase such drugs.’’ Clear- principals, 79% of teachers, and 82% of cause it combines a minimum wage in- ly, eliminating illegal drugs from students believe this policy effective at crease with an additional tax burden America’s classrooms is a required first keeping drugs out of schools and be- on the very businesses that will face step to restore order. lieve that adoption of the policy would higher personnel costs. I support the Impossible to calculate—the ill ef- actually reduce drugs on their campus. Domenici amendment to incrementally fects, disruptions, and violence associ- In conclusion, the CASA report stated: increase the minimum wage because it ated with the drug trade are not lim- If these students believe them [zero toler- also provides real tax and regulatory ited to those who are active partici- ance policies] so effective, these policies relief for small business owners who pants. The lives and futures of children must make an impact on their decisions to may be adversely affected by the addi- who want to learn are often sacrificed not bring drugs on campus. Given this, it tional costs they will incur. by those disruptive students who seek seems that schools . . . should implement The Domenici amendment allows to victimize their classmates. and strictly enforce zero tolerance policies. minimum-wage workers to earn a bet- A clear link between school violence Mr. President, this policy is firm but ter living. At the same time, it pro- and drugs was found by the PRIDE sur- fair. The drug trade and its violence vides $18.4 billion in tax relief over five vey, conducted by the National Par- have no place in America’s school- years to small business people across ents’ Resource Institute for Drug Edu- houses. Schools should be a safe haven America to help them offset the in- cation, when it reported that: for our children, fostering an environ- creased employee costs of this min- Gun-toting students were 23 times more ment that is conducive to learning and imum wage increase. Small businesses likely to use cocaine; gang members were 12 supportive of the vast majority of stu- will now be allowed to increase their times more likely to use cocaine; and students who are eager to learn. At the expensing to $30,000, and benefit from a dents who threatened others were 6 times very least, our children and teachers permanent extension of the Work Op- more likely to use cocaine than others. deserve a school free of fear and vio- portunity Tax Credit and a repeal of The connection between drugs and lence. the temporary Federal Unemployment school violence is apparent. President Clinton, in his 1997 State of Tax Act surtax. Furthermore, this Mr. President, the devastation the Union address, stated ‘‘[W]e must amendment allows 100-percent deduc- wrought by illegal drugs crosses all ge- continue to promote order and dis- tion for self-employed health insur- ographic, political and economic cipline, supporting communities that ance, phases in health-insurance and boundaries. It is not confined to a re- remove disruptive students from the long-term care above-the-line deduc- gion of the country or a class of indi- classroom, and have zero tolerance for tions, and makes pension reform pro- viduals. As one example, according to guns and drugs in schools.’’ Echoing posals to increase employees’ financial the North Carolina State University’s that view, Texas Governor George W. security. This tax relief is entirely paid Center for the Prevention of School Vi- Bush, in a major education speech last for by closing corporate tax loopholes olence (a remarkable organization that week, called for zero tolerance policies in the first year and then using a small tracks the incidence of school crime in for disruptive students, stronger en- portion of the projected non-Social Se- North Carolina and suggests preventa- forcement of federal laws on bringing curity surplus in the ensuing years, tive measures), ‘‘possession of a con- guns into schools and greater account- without dipping into the Social Secu- trolled substance’’ has been either the ability from schools that receive fed- rity Trust Fund. first or second most reported category eral money for drug and safety pro- One aspect of the Domenici amend- of school crime in my home state for grams. ment that troubles me is the increased the past four years. Regrettably, I sus- Mr. President, it is obvious that the deductibility of business meals and en- pect that many other states share that need to set high standards to protect tertainment costs. I have always op- dubious distinction as well. our children from the scourge of illegal posed allowing a tax deduction for the In recognition of the federal obliga- drugs should be a subject of broad bi- so-called ‘‘three-martini power lunch’’ tion to foster safe schools, the Con- partisan consensus. I hope that the for corporate executives, although this gress passed and the President signed Congress will heed President Clinton amendment limits the benefits of this the Gun-Free Schools Act in 1994. and Governor Bush’s calls and that the tax deduction to small businesses and Many commentators have, at least in Senate will once again send a strong self-employed individuals. I question part, credited that act with reducing signal to all that we intend to give our whether this tax deduction is the high- the number of guns brought to our children the support they need to grow est priority of small businesses, or schools. up safe and drug-free. whether there are other more broadly

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.180 pfrm02 PsN: S10PT2 S14512 CONGRESSIONAL RECORD — SENATE November 10, 1999 beneficial tax breaks that could have doms during all of the wars and con- tion’s budget request. I would like to been included in this bill to assist flicts involving the United States. That thank my colleagues who supported my those businesses most likely to be af- same year, President Eisenhower de- efforts to raise the funding level for fected by the minimum wage increase. clared that on Veterans Day, Ameri- veterans medical care to $19 billion for Mr. President, because the Domenici cans should ‘‘solemnly remember the Fiscal Year 2000. This level of funding amendment combines a $1.00 increase sacrifices of all those who fought so will enable the VA to continue to pro- in the minimum wage with tax and reg- valiantly, on the seas, in the air, and vide quality health care to veterans, ulatory relief to offset the negative im- on foreign shores, to preserve our her- and will prevent the kinds of cuts in pact of increased personnel costs on itage of freedom, and let us recon- services that many veterans feared small businesses and the economy as a secrate ourselves to the task of pro- would place their eligibility for care in whole, I would have voted for the moting an enduring peace so their ef- question. amendment.∑ forts shall not have been in vain.’’ As a nation, we are good about hon- f From the beginning of our nation, oring our war dead, with memorial America’s sons and daughters have days such as Veterans Day, and with MORNING BUSINESS been ready to answer a call to duty. In memorials of stone that dot our capital Mr. GRASSLEY. Mr. President, for particular, West Virginians have a and other towns and cities across the the leader, I ask unanimous consent proud enviable record of service to this country. We need to be as good to our that there be a period for the trans- country in the perilous times of war living veterans. Today, many of our action of routine morning business and conflict. Of the twenty-five million veterans are still affected by the time with Senators permitted to speak up to living veterans, one-hundred-ninety- they spent in service. We can best 10 minutes each. thousand reside in the great State of honor them by continuing to provide a The PRESIDING OFFICER. Without West Virginia. More than ten-percent high quality of medical care. We can objection, it is so ordered. of the people of West Virginia are vet- also honor our veterans by continuing f erans who have served our nation to search for answers to questions of proudly—that is more than ten of service-related injury, and by providing HONORING VETERANS DAY every one-hundred West Virginians. for those who have experienced such in- Mr. BYRD. Mr. President, as daylight This tradition of dedication to serving juries. We must also work to prevent hours shorten and brightly colored is something I am proud of as a West such injuries from recurring. For in- leaves fall from the tree branches, we Virginian. Through the turmoil and stance, we must remain committed to gradually descend into the winter sea- change of the twentieth century, one pin-pointing the cause of the illness of son. The master hand of nature, after thing has remained constant—the dedi- Gulf War Syndrome. Recent reports painting the hills glorious colors, cation and commitment of our vet- issued by the Department of Defense leaves us with a chilly palette of greyer erans to the survival and strength of indicate that certain substances our skies, leafless trees, and a long wait be- this nation. military men and women were directed fore the spring blossoms emerge from Largely through the might of our to take during their service in the Gulf their underground bulbs. Although we Armed Forces, the United States en- War cannot be ruled out as causes for may feel the bounce in our step that a joys an unprecedented position of this syndrome. We must continue to crystal clear, crisp-aired fall day can international leadership. Yet, the focus our attention on narrowing in on bring, with the sun shining brightly as promise of lifelong health care that the cause of the symptoms experienced it makes its low arc across the sky, we this country made to our men and by more than one-hundred thousand are reminded during this time of the women in uniform has been threatened, Gulf War Veterans. year of the cycles of the natural world. not by the aggression of a foreign So, this year on Veterans Day, let us We are reminded that all too soon, we power, but by inadequate funding. Car- reflect on the men and women who will be in the quarter of the year natu- ing for America’s veterans is an ongo- have valiantly served our Nation, both rally suited for hibernation—a season, ing cost of war. As America’s veterans living and dead. Upon reflection, we despite festive gatherings, associated grow older, they require increased de- should realize the need to recommit with the death needed for renewal. pendence on health care services. But, ourselves to honoring veterans, not During this season we celebrate Vet- the Department of Veterans Affairs only with unfurled flags and patriotic erans Day to honor veterans who, with cannot be expected to provide the nec- up-tempo marches but also by serving their death and sacrifice, have renewed essary care which veterans will need in them as they have served our nation. and sustained the freedom and promise Fiscal Year 2000, at the Fiscal Year As the leaves fall from the trees, and of our great republic. 1999 level for veterans health care serv- our veterans age and pass on, we must Each year at the eleventh hour of the ices. Veterans should not be expected remember that what has always kept eleventh day of the eleventh month we to wait in longer lines, and travel far- the tree of liberty safe and strong celebrate the end of the fighting in Eu- ther for services. They must be pro- through the frost and chill of many rope in 1918 that ended the Great War. vided quality service. If we fail in this brutal winters is the commitment of When I was a boy, we called this day obligation, how can we justify sending our veterans to nourish the roots of Armistice Day in honor of the Armi- more and more young service members freedom. stice between the Allies and the Cen- into harm’s way? How can we expect Mr. DOMENICI. Mr. President, I rise tral Powers that ended the horrible our children and grandchildren to vol- today to salute the selfless men and trench warfare that had torn Europe unteer for military service in the fu- women who have sacrificed so much in apart. In 1926, Congress proclaimed ture, if we are not prepared to keep order to secure and protect the free- that Armistice Day would be cele- promises to veterans today? doms that we, as Americans, enjoy brated yearly with an annual observ- This year the budget came dan- today. Volunteering one’s body and ance of ‘‘thanksgiving and prayer and gerously close to failing to provide for mind without thought of consequence exercises designed to perpetuate peace health care that veterans need and de- in order to safeguard the ideologies our through good will and mutual under- serve. The Department of Veterans Af- country holds dear, is the utmost act standing between nations.’’ fairs warned many veterans that they of patriotism. Today we recognize the After World War II, on June 1, 1954, might not be eligible for veterans med- importance of the hardships endured by Congress approved the Veterans Day ical care services in Fiscal Year 2000. our Nation’s veterans to preserve peace Act that changed the name of Armi- The strong need for quality medical and freedom. stice Day to Veterans Day. I am the care for veterans, and a sense of duty As a Senator from New Mexico, I only Member of Congress who was serv- to these men and women who valiantly take great pride in the fact that New ing in Congress at that time who is served, caused me to work very hard to Mexico has among the top ten highest still serving today. Officially, on Vet- meet the funding level for veterans’ per capita military retiree populations erans Day, we celebrate and recognize medical care recommended by the Sen- in the Nation and honor the prominent the sacrifices of our nation’s soldiers, ate Committee on Veterans Affairs— contributions they have made towards sailors, and airmen to protect our free- some $1.7 billion above the Administra- the preservation of our great Nation.

VerDate 29-OCT-99 00:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.070 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14513 During World War II, members of the construction of a national memorial in In a civilian job. 200th and 515th Coast Artillery, better Washington to their service. At last, a Prosperity and complacency may ex- known as the New Mexico Brigade, re- site on the Mall has been selected and plain such answers, but they do not pelled Japanese attacks for 4 months a design has been chosen for the Na- justify them. Because of our nation’s before being overwhelmed by disease tional World War II Memorial. We owe veterans, America is the greatest in and starvation. Following the ensuing it to these extraordinary veterans to the world, free from any major chal- capture, the survivors of the battle complete it without delay, so that as lenge from any other nation. The skill- were subjected to an 85-mile ‘‘Death many of our World War II veterans as ful work and dedication of our veterans March.’’ These men were then held for possible can see the nation’s enduring have enabled our children and grand- more than 40 months in Japanese pris- monument to their service. children to enjoy unparalleled national oner of war camps. Of the 1,800 men in We also honor these veterans by en- security and economic prosperity. the New Mexico Brigade, less than 900 suring they receive the hard-earned It is imperative in our democracy returned home and a third of those who benefits they so eminently deserve. I that citizens remain proud of the mili- did died within a year of returning to remain concerned about the healthcare tary and continue to respect and appre- the U.S. The bravery exhibited by the budget of the Veterans’ Administra- ciate the sacrifices of those who serve. New Mexico Brigade is characteristic tion. Health costs continue to rise and As President Kennedy said in his In- of the men and women that comprise the budget has not kept pace. We have augural Address: our Armed Forces. an ongoing responsibility to provide Let every nation know, whether it wishes As a nation, we have an obligation to every veteran with adequate heath us well or ill, that we shall pay any price, provide for those who have risked ev- care. This year’s VA budget includes a bear any burden, meet any hardship, support erything to the benefit of all. I am 1.7 billion dollar increase, and we must any friend, oppose any foe to assure the sur- pleased that this session of Congress continue to do all we can so that vet- vival and the success of liberty. has produced legislation which will in- erans receive their fair share in each Million of Americans were inspired crease funding for veterans health care year’s budget. by these words, and our obligation is to by $1.7 billion to a total of $19.6 billion In addition, as the number of older continue that inspiration into the next for fiscal year 2000. However, we need veterans continues to grow, the Vet- century, so that a new generation will to remain vigilant in our commitment erans Administration must find a way continue to ask not what their country to provide for those who are charged to provide long-term care. The VA pub- can do for them, but what they can do with the considerable task of defending lished an advisory report on this issue for their country. this country from potential adver- last year, but their recommendations The reduction in the population of saries. were far from adequate. We need to veterans is being felt in Congress as Today I would like to pay tribute to pursue this issue next year, and de- well. The proportion of members of the our veterans and I am sure that my velop more specific initiatives. House and Senate who have served in colleagues will join me in honoring Another challenge we face is to deal the military has dropped from more these valorous men and women for with the increasing concern that to- than 75 percent in 1971 to less than 34 their dedicated service to our great Na- day’s generation is estranged from the percent today. tion. military. Only 6 percent of people Without the World War II and Korean Mr. KENNEDY. Mr. President, one under the age of 65 have ever served in generations, we will have to pay spe- day a year, on Veteran’s Day, America the armed forces. Compare that with cial attention to ensure that our soci- pauses to recognize the sacrifices and the fact that half of men over 50 have ety does not forget about our Vietnam, the contributions of our veterans. We had at least two years of military Gulf and Cold War veterans, or view express our gratitude to all those who service. In the years ahead, when we no their contributions with any less sig- have served our nation so well. For all longer have the Greatest Generation— nificance. of the veterans being honored today, I The World War II Generation—as our The veterans of these more recent salute you for your service and your model, we will have to do much more wars did not come home to the fanfare dedication to our country. to guarantee that our society keeps that accompanied the Allied victory in All veterans deserve our gratitude for our armed forces strong and able to World War II. But their sacrifices and their service. But it is especially fit- meet any threat to our country. contributions to our nation’s defense ting that we take special notice of the David Broder, the senior Washington and to the protection of our democracy nation’s World War II and Korean War Post journalist and a veteran himself, are immeasurable. As a nation, it is veterans. imperative that we continue to recog- America is losing 1,000 of its World recently expressed his concern about nize the service of these veterans and War II and Korean War veterans every the growing civilian-military gap. He pay tribute to their sacrifices. day. As they pass, so does our oppor- stated: The fact that no one younger than their To help ensure that our nation re- tunity to pay tribute to them directly. members all of its veterans, I sup- Tom Brokaw has called the World mid-forties has even faced the possibility of being called-up for military service is one of ported a Resolution this year that ex- War II generation the ‘‘Greatest Gen- the most significant generational divides in presses the Sense of the Congress that eration.’’ He captured the essence of this country. the third Monday in April be des- this generation in his recent book by Clearly, this is cause for concern. ignated as ‘‘In Memory Day.’’ That Day that name. As he stated: The nation must work harder to pre- will recognize the Vietnam Veterans The World War II generation came of age serve and strengthen the duties of citi- during the Great Depression and the Second who have died as a result of illnesses World War and went on to build modern zenship that our veterans symbolize for and conditions associated with service America—men and women whose everyday all of us. in the Vietnam War. lives of duty, honor, achievement, and cour- The military has traditionally been We must honor the missing too. age gave us the world we have today. an effective way for America’s youth to Today, over 80,000 American service- The World War II generation and the serve the nation. It is troubling that men remain unaccounted for from all size of its veteran population are today almost two thirds of the nation’s our nation’s wars, including approxi- unique in American history. Sixteen youth say they would not join the mately 10,000 from the Vietnam and million Americans served in World War armed forces. Twenty years ago, only Korean Wars. II from 1941 to 1945. 40 percent said that. Since the Persian We must never forget our missing That war united all Americans—men Gulf War, the interest among 16 to 21 veterans. And we must never give up and women; blacks and whites; rich year olds in enlisting has dropped from the effort to bring them home. and poor; old and young. My oldest 34 percent to 26 percent. Last year the On behalf of the nation’s disabled brother Joe gave his life, and Jack Army asked young adults: veterans, I strongly support the Dis- served with great courage on PT–109 in If you want to do something beneficial for abled Veterans LIFE Memorial Foun- the Pacific. your country, are you more likely to do it in dation to establish a national memo- As much as we owe the World War II the military or in a civilian job? rial to honor all disabled veterans. Re- generation, we are still waiting for the Two to one who responded said: cently, Miss America 1999, Heather

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.068 pfrm02 PsN: S10PT2 S14514 CONGRESSIONAL RECORD — SENATE November 10, 1999 French of Kentucky, testified before be proud, because it is their legacy and honoring the new class of midshipmen. the Senate on behalf of this memorial. example that have helped create the This is what he said about his service During her Miss America pageant, she world’s finest armed forces. in the Navy: chose veterans as her cause, and she is I am very disappointed that a provi- I can imagine a no more rewarding career. emphasizing veterans issues through- sion to improve and expand GI Bill ben- And any man who may be asked what he did out her reign. It is commitments and efits was not included in this year’s De- to make his life worth while, I think can re- gestures of goodwill like hers that will fense bill. The GI Bill has been a very spond with a good deal of pride and satisfac- keep America proud of its armed forces successful and important program for tion: ‘‘I served in the United States Navy.’’ and the sacrifices of its veterans. the military and the nation. Over 2.3 My brother was a Navy man, but I’m The cornerstone of our military pre- million World War II veterans took ad- sure that veterans of all the other serv- eminence rests on many factors, but vantage of the GI Bill upon returning ices feel the same way. I know I am the most critical is its people. Without from the war. It has been called the both grateful and proud of my fellow men and women willing to volunteer greatest investment in higher edu- veterans, and I honor, respect, and for military duty, we will not be able cation that any society has ever made, thank them for their service. to respond to crises around the globe and a brilliant and enduring commit- Mr. HATCH. Mr. President, on No- that threaten our vital interests. We ment to the future. vember 11, 1918, an armistice was need cutting-edge weapon systems. But In order for the GI Bill to continue signed to end the ‘‘War to end all we also need dedicated service mem- its valuable work, it must evolve as wars.’’ The country rejoiced. Then, as bers to operate these systems. our military forces evolve. Access to the jubilation subsided, the reality of As we do more to take care of the higher education is an increasingly im- what had occurred slowly entered the veterans of today, we must never lose portant benefit for servicemen and consciousness of the nation and shouts sight of our obligation to take care of women in today’s all-volunteer, profes- of joy turned to tears of grief and the veterans of tomorrow. This year sional military. thanksgiving. For many who had gone Congress passed the broadest and most Improvements are needed in the GI to fight would never return to their sweeping improvements in military Bill to enhance the program’s value homes. And those who did come home pay and benefits in over twenty years. and benefit to our troops, and to im- would forever be scarred by the sights, The new law calls for a well-deserved prove the bill’s effectiveness as a re- sounds, and atrocities of war. 4.8% pay raise for military personnel— cruiting tool—and these improvements How could we, as a nation, show our the single largest pay raise for service- need to be enacted into law as soon as gratitude to those who had given so men and women since 1982. It also ex- possible. much? The answer, insufficient though pands authority to offer additional pay Today’s armed forces contain well- it was, was to set aside a day to honor and other incentives to critical mili- educated professionals who have cho- all those who had served—heroes and tary specialties, and it improves retire- sen to serve their country in the mili- patriots—and to give thanks for their ment benefits for those who are serving tary. We must treat them as the sacrifices for freedom. now. skilled professionals they are—or we Tomorrow is the day we have set The military now faces one of the will lose them. aside. Tomorrow is the day we should most difficult recruiting and retention Finally, when we think about our take special care to remember our vet- challenges in many years. A major rea- veterans, it is easy to recall the Eisen- erans. son for the current problem is the howers, the Pattons, the MacArthurs, Throughout our nation’s history strong U.S. economy. But the demands and the Powells. But we must never there have been men and women will- of far-flung military operations in re- forget the countless silent heroes—the ing to wear the uniform of the United cent years have also taken their toll on fathers, brothers, sisters, sons, and States of America —willing to give our troops. Today’s military is a small- daughters who served when their coun- their lives for freedom. Some people er force, and yet it is also a more ac- try called. have asked ‘‘why?’’ The answer is, in tive force, and we have been slow to Stephen Ambrose, in his book ‘‘Cit- the words of President Reagan, spoken recognize the problems that are build- izen Soldier,’’ talks about the ‘‘can-do’’ at the 40th anniversary of D-Day: ‘‘It is ing. attitude of these quiet heroes that sets because you all knew that some things In the past year alone, our service- the American military apart. He de- are worth dying for. One’s country is men and women conducted combat op- scribes the Normandy landing, where worth dying for, and democracy is erations in Kosovo and Iraq. They are the American Sherman tanks were worth dying for, because it’s the most serving as peacekeepers in Bosnia, and outgunned, and tells how skilled the deeply honorable form of government as humanitarian support personnel in Americans were in salvaging damaged ever devised by man. All of you loved Central America. All of these demands tanks, patching them up, and sending liberty. All of you were willing to fight are in addition to the day-to-day oper- them back into action. tyranny, and you knew the people of ations and exercises at home and over- Ambrose writes: your countries were behind you.’’ seas in which the military participates Indeed no army in the world had such a ca- Our nation depends on our armed throughout the year. pability. Within two days of being put out of forces. We depend on highly motivated Massachusetts is a major part of all action by German shells, about half the dam- and highly skilled men and women who aged Shermans had been put back on the are willing to go into harm’s way at these operations. This past year, Guard line. Kids who had been working at gas sta- and Reserve units from Massachusetts tions and body shops two years earlier had any time to defend American interests. were deployed in support of Operation brought their mechanical skills to Nor- And, when our troops leave the service, Northern Watch in Iraq, Hurricane mandy. Nearly all the work was done as if we should not forget them. Mitch relief in Central America, and in the crews were back in the States, rebuilding Although the nation may only offi- Kosovo. damaged cars and trucks. cially recognize the sacrifices of vet- I especially commend all those who These were not professional soldiers, erans every November on Veterans Day served during Operation Allied Force in but average Americans. They left their or every May on Memorial Day, I Kosovo. This was the first war that families and friends behind to fight be- know, personally, that in the hearts of America fought and won without a sin- cause their nation called. It is the dedi- the individual Americans, our veterans gle casualty. Yet its victors came home cation and ingenuity of these silent he- are remembered everyday. They are to no parade marking V-K day, and no roes that has made America great, and the husbands and wives, fathers and celebration of heroes. Yet their bravery that made their Greatest Generation. mothers, brothers and sisters, sons and and skill saved thousands of innocent All of us in the Kennedy family have daughters of us all. Almost one-third of lives, and they deserve our highest enormous respect for our veterans and the nation’s population—approxi- praise. their service to the nation. Today, on mately 70 million persons—are vet- The success of their operations was the eve of Veteran’s Day, I recall once erans, dependents of veterans, or sur- an impressive tribute to the capability again the words of President Kennedy. vivors of deceased veterans. I and my and dedication of our service men and He visited the U.S. Naval Academy in family honor and remember my broth- women. Veterans, in particular, should August 1963, and spoke at a ceremony er Jess who died in World War II and

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.142 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14515 my brother-in-law Neil Brown, who Virginia has one of the highest per- American who died in the name of free- died in Vietnam. centages of veterans of any state. dom. These men and women are among In the decades before the all-volun- As I have often said, it was knowing America’s greatest heros. teer army and sophisticated high-tech and understanding West Virginians’ Our great nation has flourished and weaponry, our military was made up of deep patriotism and loyalty to their enjoys unprecedented prosperity to ordinary people. School teachers, min- state and their country that first led this day because of our veterans’ will- isters, machinists, truck drivers, bank- me to seek a seat on the Senate Com- ingness to give themselves in service to ers, and nurses, enlisted not just in the mittee on Veterans’ Affairs, where I the nation. For many this willingness military, but in a noble enterprise. The am now the Ranking Member. I am meant sacrificing their lives so others story of America is the story of ordi- proud to serve veterans there. might live free. nary people doing extraordinary things The very fabric of our nation is There are those among us who ques- and demonstrating uncommon endur- wound through our veterans. Iwo Jima tion whether or not our younger gen- ance and valor. and Hamburger Hill, defeating Nazism erations will prove, when the nation Today, our armed forces are com- and turning back Communism, pun- beckons, to be just as committed to the prised of dedicated soldiers and sailors ishing the brutality of Hitler, Saddam preservation of life, liberty, and the who have chosen to make the military Hussein, and Milosevic. Our nation is pursuit of happiness as those we honor a career or to contribute their skills truly a beacon to the world for freedom every November 11 proved to be. for a time in an all-volunteer, profes- and for opportunity because our men I wonder how many Americans had sional fighting force. But, the fact that and women in uniform held that bea- those same doubts before the outbreak our nation’s Army and Navy have be- con aloft. And many of those men and of WWI, WWII, Korea, Vietnam, or come more reliant on technology does women in uniforms were West Vir- Desert Storm? I wonder how many who not negate the risks of warfare. Nor ginians. did go had dreamed that they would does it compensate for family separa- It is not enough to take a day to ever be called into the horror that is tions, holidays spent thousands of commemorate these veterans, however. found on the battlefield? miles from home, or meals eaten out of We owe them more than that. It is our Surely there were doubters. Surely carton. responsibility to refuse to turn our there was apprehension and fear. But, For Veterans’ Day in 1954, President backs on veterans who need health they answered freedom’s call. Our na- Eisenhower called upon us to ‘‘sol- care, education benefits, and com- tional story and the story of the Amer- emnly remember the sacrifices of all pensation for injuries incurred in serv- ican people is one of amazing courage those who fought so valiantly, on the ice. It would be truly disgraceful for in difficult times, and a proud tradition seas, in the air, and on foreign shores, these veterans, who have served our of triumph in the face of our enemies to preserve our heritage of freedom, country so well and so valiantly, to here and abroad. America has always and let us reconsecrate ourselves to the feel that they have been forgotten ex- been ready to act. The footprints left task of promoting an enduring peace so cept for this one day per year. That is and the blood spilled by our soldiers, that their efforts shall not have been in why I take my work with and for vet- airmen, marines, sailors, and coast vain.’’ erans so very seriously. guardsmen around the world remain as On this Veterans Day, I echo the I have fought very hard this year for a testament to the indomitable Amer- words of President Eisenhower. I salute veterans not only in West Virginia, but ican spirit, our collective faith in the all our veterans. I know that as long as across the Nation. A critical need for power of freedom, and to the promise of there are Americans willing to stand veterans is long-term care. Our veteran a great future. up and fight for our values, we will re- population is aging rapidly and it is Over and over again, history has main a free and just nation. our responsibility to care for them. We proven those who doubted America’s A while ago, I was moved to write a owe them good long-term care now. I resolve to be dead wrong. I am con- song about those who have sacrificed am dedicated to this need, and have fident that our nation’s future remains so much for our country. It is entitled, been working hard to achieve this pro- bright if we continue to exhibit the ‘‘Morning Breaks at Arlington.’’ It is vision for all veterans. same steadfastness as our fore- an expression of the emotion and pride And there are other battles to be father’s—never forsaking the gift of I feel whenever I think about the cour- fought as well. Although veterans who freedom that so many have given us. age and dedication of our service men enroll with VA for their health care re- Inspiration can be found in many and women. Let me conclude with the ceive a very generous standard benefits ways. Just the other day I was looking lyrics: package, there is no provision for com- over Medal of Honor citations of some Morning breaks on Arlington, prehensive emergency care. This is a of Alabama’s greatest heros. Taken to- Warmed by rays of golden sun, serious gap in coverage for veterans, gether they represent a relatively And all who pause in homage there which is unacceptable. Large and unex- small group of Alabamians but provide Feel a soft hush in the air. pected emergency medical care bills one of the greatest inspirations of hope Those who love their liberty Bow the head and bend the knee, can present a significant financial bur- for America I can find. And from their hearts they breathe a silent den to veterans. Reading those citations made me prayer. Abraham Lincoln spoke at Gettys- think about how many people might ‘‘Thank God for those who rest in honor burg of dedication to ‘‘unfinished work have doubted their commitment back there.’’ . . . thus far so nobly advanced.’’ In- then? How many people came in con- Mr. President, I yield the floor. deed, it is true that we have work to tact with those heros never realizing Mr. ROCKEFELLER. Mr. President, I complete. In order to truly commemo- they would one day prove themselves salute the veterans of this nation. On rate our veterans, I hope my Senate worthy to wear the Medal of Honor? I this Veterans Day, I want to pay trib- colleagues will join me in my con- choose to be excited by those thoughts ute to the brave American soldiers who tinuing battles for veterans. because America might well be called fought long and hard battles so that we Mr. SESSIONS. Mr. President, great upon again to defend the world against may all have our freedom today. Vet- words of tribute and reverent apprecia- tyranny and evil, and I have no doubt erans Day is about honoring and re- tion are put on paper every year in an- that our men and women in uniform membering these men and women who ticipation of the arrival of November would again stand with the same stead- served our Nation, and it is for their 11th. With a solemn heart I struggle to fast resolve exhibited by those we families. meet the challenge of delivering those honor today. I take great solace in I am very fortunate to represent a words in a way that is both humble and knowing that the patriotism and her- state where military service is held in befitting of America’s heros. I offer oism of Americans has been a constant such high esteem. And well it should these words in honor and in memory of for hundreds of years and will continue be. I can’t tell you how proud I am of every American who has answered the to be in the future. all West Virginia veterans. Whether call to arms; for every American who America’s veterans have made ours a they served in wartime or peace, all has freely stepped forward under our great country. Hardly a person in made great sacrifices. Indeed, West Star Spangled Banner; and for every America is not associated in some way

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.138 pfrm02 PsN: S10PT2 S14516 CONGRESSIONAL RECORD — SENATE November 10, 1999 with a veteran. I hope you will thank Can we not dream that those we loved are Mississippi’s growing impact across the them today for having answered the here? world in the realms of politics, eco- call to serve, and for setting the foot- Beckon them all in memory, as the vine nomics, social issues, technology and prints for our future. They have indeed Whose tangled stems have long untwined leadership make it a fitting backdrop shown us the way into the 21st century. The crystal pillars, and clasp around for the closure of ‘‘Firing Line’s’’ Mr. L. CHAFEE. Mr. President, one The sunken urns, the forlorn sounds; award-winning run. With mournful message to our brothers, re- f of my constituents, Mrs. Virginia Doris sign, of Warwick, Rhode Island, recently Tried and true, and close the broken line. TATANKA HOTSHOT CREW sent my late father a poem she had f written as a tribute to the veterans of Mr. DASCHLE. Mr. President, it World War II. I understand that he OLE MISS HOSTING FIRING LINE gives me great pleasure today to recog- agreed to insert her poem in the CON- Mr. LOTT. Mr. President, Senator nize the members of the Tatanka Hot- shot Crew of the Black Hills National GRESSIONAL RECORD in time for Vet- COCHRAN and I are pleased to announce erans Day. I was honored when Mrs. that the University of Mississippi, Forest in South Dakota. This fall Doris asked me to carry out that task which we fondly refer to as Ole Miss, marks the end of the first fire season in his place. will be hosting the final broadcast of that this crew has been operational, Before I do so, I would like to take a the Emmy-winning PBS program ‘‘Fir- and I am delighted to say that it has proven to be an outstanding success. brief moment to alert my colleagues to ing Line.’’ Senator COCHRAN and I want Each year serious wildfires threaten Mrs. Doris’s own contribution to the to join the University of Mississippi in national forests across the United war effort. congratulating all those affiliated with States, burning thousands of acres of During World War II, 23,000 Oerlikon- ‘‘Firing Line,’’ including its host, Mr. woodlands and endangering private Gazda 20mm anti-aircraft guns were William F. Buckley, Jr., and its pro- property. Our first line of defense manufactured in my home state of ducer, Mr. Warren Steibel, for their against these fires is the United States Rhode Island. Originally produced in outstanding accomplishments during 34 Forest Service, whose firefighters risk Switzerland, these guns were critical years of telecasts. Since 1966, Mr. their lives in arduous, often isolated to the Allied campaign—nearly every Buckley and Mr. Steibel have given the conditions to bring wildfires under con- ship in the fleet carried them by the American public an opportunity to trol. end of the war. make informed decisions on the impor- The best of these teams are known as And Virginia Doris was right in the tant topics of the day by bringing all Hotshot crews—elite firefighters who thick of this arms production effort, angles of an issue to the surface are sent to the worst fires, to do the working long hours in the drafting through their lively debates. No public most difficult, dangerous work nec- room of the Oerlikon-Gazda command affairs program in history has run essary to protect our forests and the center, located in downtown Provi- longer with the same host. homes of nearby residents. All around Firing Line has brought a wide range dence. In a 1990 interview with the the country, these teams have been of topics to the forefront since joining Providence-Journal, Mrs. Doris de- recognized for their skill and bravery. scribed her years at the center ‘‘as this the PBS family on May 26, 1971, includ- Last year, we created the first of marvelous period in my life.’’ Equipped ing ‘‘Separation of Church and State,’’ these elite teams ever to be based in with what she refers to as her ‘‘turbo ‘‘Is Socialism Dead,’’ ‘‘Health Risks in the Black Hills National Forest. It is persona,’’ Mrs. Doris was a valued and a Nuclear Environment,’’ and its final called the Tatanka Hotshots, after the trusted member of the Oerlikon-Gazda topic, ‘‘The Government Should Not Lakota word for the bison that used to team. Impose a Tax on Electronic Com- roam the Great Plains by the tens of I ask unanimous consent, Mrs. merce.’’ These and other topics have thousands. The nearly two dozen mem- Doris’s poem, ‘‘Ode to Comrades-In- been debated by Presidents George bers of this team, virtually all of whom Arms: World War II,’’ be printed in the Bush, Ronald Reagan, Jimmy Carter, are Native American, come from di- RECORD. Gerald Ford, and Richard Nixon; and verse backgrounds. Some came from There being no objection, the mate- prominent figures such as Margaret South Dakota towns like Custer and rial was ordered to be printed in the Thatcher, Muhammad Ali, Henry Kis- Aberdeen. Some joined the Tatanka RECORD, as follows: singer, and Bob Dole. crew from other hotshot teams or elite ODE TO COMRADES-IN-ARMS Mr. President, the past decade has smokejumping units. Others are vet- WORLD WAR II brought many references to the end of erans of the Gulf War. Still others are O, Heavenly Father, gaze upon the tombs the millennium. It is a tribute to pro- young individuals working their way Of Patriots, foster their eternal plumes grams of its kind that ‘‘Firing Line’’ through college. I am proud to say that Nourished in they omnipoint song of hallow, leaves the airways at this historic after a year of intense training and Shed gentle tears to moist their marrow. time. The guests, topics, and fervor working together, the Tatanka team Enfolded in thine unchanging flame with which the issues have been ap- quickly has become one of the most Behold the farflung earthly frame, proached throughout the years on the highly-regarded firefighting teams in Its pulsing marbles sculptured strong, program define the culture of the day. the nation. With ebbing currents and silvery thong, All attitudes and opinions have been In addition to work in the Black Each graven with the threaded embrace expressed and analyzed, reflecting our Is beaming out of seven-hued grace! Hills, the Tatanka crew spent 71 days society’s nature to embrace conflict away on wildland fire assignments, ac- The mystic temple wakes the slumbering and discourse in the name of answers forms, cumulating 1,550 hours of work in Colo- Takes the sacred dust they mercy warms, and truth. William F. Buckley and rado, Wyoming, Montana and Cali- And sounds the bugle near and clear white Warren Steibel created an educational fornia. It conducted seven large firing/ stone, art form that did as much teaching as burnout operations, built miles of Close by these mounds which hold thy own. any other television program in mem- fireline, constructed helispots and We implore, O’ Savior, here let sleeping lie, ory. medivac sites, and conducted large tree ‘Till Heaven’s luminous shadows prepare to This final telecast also marks the falling operations in steep, hazardous die, fourth time that the University of Mis- terrain. Other noteworthy accomplish- And join the manhood’s folded-flock at sissippi has hosted the ‘‘Firing Line’’ ments included backpacking 6,500 night, program. This relationship began with pounds of sandbags up Mount Rush- Psalms for bravery shall not pass in flight, ‘‘Firing Line’s’’ first visit to Oxford in more to prepare for the July 4th fire- As raging battles, and girded loins, last time 1989, and continued with its return in To bond, lips to stir, a soldier’s final clime! works display, tending the commemo- 1992, 1997, and now in 1999. Firing Line rative crosses at the 1994 South Canyon O, Heavenly Father, mark their burden of and Ole Miss have blended well over decay, fire fatality sites in Colorado, and The lives so young, war’s lingering ebon the years because of their commitment working in conjunction with the Tahoe fray, to furthering knowledge and chal- Hotshots to rescue a pack horse which Delivers them a shrouded throne, and solemn lenging individuals to constantly ex- had fallen off a mountain trail in Cali- biers, pand their thinking. The University of fornia.

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.131 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14517 Over the course of the summer, the onstrate just how much older, Mid- legedly replaced a reheater header and Tatanka crew earned its reputation as western powerplants contribute to air outlet, a pulverized coal conduit sys- a team that could be depended upon to pollution in the Northeast. For exam- tem, the economizer, and casing insula- get its job done quickly and effec- ple, one utility in Michigan emits al- tion. While it is impossible to judge tively. Based upon its outstanding per- most 6 times more nitrogen oxides any of these types of modifications formance ratings and the respect it than all the utilities in the entire state without additional information, it cer- earned from other highly regarded Hot- of Connecticut. Ohio power plants tainly seems like utilities created a shot crews, Forest Service officials ex- produce nearly 9,000 tons a day of sul- loophole in the law to essentially re- pect the team to attain National Type fur dioxide, which directly contributes build the system without considering it 1 status—the highest rating a fire- to acid rain. One single plant in Ohio as a major modification. Would a legis- fighting team can receive—before the produces as much nitrogen oxide as all lative rider on this issue essentially 2000 fire season, a full year ahead of of the plants in the state of New York. pre-judge the court’s findings as to schedule. Approximately 67 million people east whether the modifications undertaken Mr. President, I am very proud of the of the Mississippi River live in area at the plant are indeed ‘‘major’’? accomplishments of this crew. Forest with unhealthy levels of smog. EPA es- Mr. LIEBERMAN. Yes. With this fires are dangerous and unpredictable, timates that every year that imple- rider, Congress would be substituting and fighting them is one of the most mentation of regional pollution con- its opinion for the factual and legal difficult, physically-exhausting jobs of trols are delayed, there are between analysis by the court. There will be no which I know. Firefighters spend days 200–800 premature deaths, thousands of opportunity for expert opinions to be deep in forests and far from possible additional incidences of moderate to heard. In fact, I understand there may help, digging fire lines and cutting severe respiratory symptoms in chil- even be discussions about trying to add trees to keep fires from spreading. In dren, and hundreds of thousands of rider language which would allow just one year, the Tatanka team has children suffering from breathing dif- modifications which would result in met these challenges head-on, and ficulties. Now these polluting power significant increases in emissions, by shown that it is equal to the toughest plants want special relief during the basing them on a unit’s potential to challenges our nation has to offer. I court’s review. emit pollution. This change is a signifi- want to offer my congratulations to all The alleged violations result from a cant departure from the current law, of those who served on the team. I am portion of the Clean Air Act that many which requires that pollution controls sure that they will have an outstanding refer to as the ‘‘grandfathering’’ provi- be included when plants are making future. sions. When the Clean Air Act was modifications that cause emissions to f amended in 1970 and 1977, there were increase. For example, a plant’s poten- two categories of requirements: those OPPOSITION OF EFFORTS TO tial to emit pollution may be at 10 for existing power plants, and those for BLOCK THE DEPARTMENT OF tons, while it actually emits 7. The test new sources. At the time, most people JUSTICE’S RECENT ENFORCE- has been that if modifications are made envisioned that the older coal burning MENT ACTION that raise emissions above the 7 tons, plants would soon be retired, making pollution controls are required to be Mr. LIEBERMAN. Mr. President, I the additional controls for old plants rise today to speak briefly about an instituted. Since the potential emis- unnecessary. Instead, the life span of sions are often much greater than ac- issue which has surfaced recently in older coal fired plants has been ex- the national press, and now arises with tual emissions, actual emissions have tended by modifications to their facili- been the threshold to trigger public regard to the remaining appropriations ties. Many of the older coal fired plants bills before us. On November 3rd, the health protections. A rider that would have stayed around for three decades; seek to allow modifications to go for- Justice Department filed seven law- and coal power plants are now the larg- suits on behalf of EPA against electric ward would give utilities a license to est industrial source of smog pollution. continue to pollute our air while the utility companies in the Midwest and Of the approximately 1,000 power South. The lawsuit charged that 17 enforcement action is pending. In its plants operating today, 500 were built worst form, it would also ‘‘pre-judge’’ power plants illegally polluted the air before modern pollution control re- by failing to install pollution control the court’s determination on these quirements went into effect. matters. These are major reasons why equipment when they were making Although the Clean Air Act did ex- I oppose using a rider to address this major modifications to their plants. empt older plants from the new stand- issue. It makes no sense for Congress This action is one of the largest en- ards, it required that the plants meet a to make a statement on this complex forcement investigations in EPA’s his- test of ‘‘prevention of significant dete- issue with no opportunity for public de- tory, and seeks to control pollution rioration’’ to protect the public when a liberation. I yield back to my colleague which contributes to degraded air qual- plant undertook a major modification. from Massachusetts. ity throughout the Northeast. I have Although the definition of ‘‘major recently learned that some of the de- modification’’ has been debated, Sec- Mr. KERRY. I understand that some fendants may be seeking relief from tion 111 of the Clean Air Act clearly suggest that it would be impossible to this enforcement action by adding a states that a modification means ‘‘any achieve new pollution standards be- rider to one of the remaining appro- physical change . . . which increases cause of technological limitations. I priations bills. I am speaking with my the amount of any air pollutant emit- would like to address that point. colleagues here today in strong opposi- ted by such source or which results in States in Northeast have already taken tion to this effort. To seek relief for the emission of any air pollutant not steps to reduce pollution to comply pending violations of federal law previously emitted.’’ What is at stake with Clean Air Act requirements, in- through a rider without any congres- in the recent enforcement action is the cluding instituting major controls on sional hearing, debate, or voting question of whether the power plants these older power plants ed plants. record, is utterly inappropriate. It un- undertook major modifications with- Northeast Utilities has spent $40 mil- dermines the democratic process which out installing state of the art pollution lion in the last 8 years to reduce fossil is constitutionally guaranteed to controls, in violation of this Clean Air plant emissions. In a July 31, 1998 let- American citizens, and to the states Act requirement. ter to Administrator Browner, North- which have similar cases pending. Mr. KERRY. Will the Senator yield east Utilities wrote that ‘‘in our expe- The alleged violations are extremely for a question? rience the Merrimack Station selective serious. Congress has long recognized Mr. LIEBERMAN. Certainly. catalytic reduction technology is effec- the need to control transported air pol- Mr. KERRY. I understand from some tive in removing NOX, can be installed lution. Provisions to study and address of the publicity around a similar suit fairly quickly, and the installation has the issue have been included by major filed by the New York Attorney Gen- minimal impact on the availability of amendments to the Clean Air Act. Yet eral that some of the modifications the generating unit.’’ Other companies, the problem still remains and the sta- being made to power plants were sig- including Pacific Gas & Electric and tistics are staggering. They dem- nificant. For example, one company al- Southern Company have made similar

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.065 pfrm02 PsN: S10PT2 S14518 CONGRESSIONAL RECORD — SENATE November 10, 1999 investments at plants in Massachu- tive, if the violations are found to have enough that they have been allowed to setts. While these are only a few exam- occurred, is to require that the utili- pollute 10 times more than our plants ples, the experience of these companies ties make appropriate investments in in the Northeast for years and years? is echoed by others. Real world experi- pollution control. In fact, EPA has a Couldn’t they now apply the same pol- ence bears out the fact that solutions demonstrated record on the kind of lution control equipment that our are available and are cost effective. It remedy it has sought in a similar case plants in the Northeast employ? is also interesting to note that the that involved another segment of in- The problem is growing even worse Tennessee Valley Authority, which is dustry. with the deregulation of electricity the subject of the enforcement action, EPA recently undertook a similar en- markets. In the five years since deregu- recently announced plans to imple- forcement action against the paper and lation of the wholesale electricity mar- ment state of the art ozone controls. pulp industry for similar major New ket, increased generation at coal fired The solutions are out there, and as Source Review violations. After look- power plants has added the equivalent utilities in New England have dem- ing into the paper and pulp sector as of 37 million cars worth of smog to our onstrated, when there is a will there is part of its Wood Products Initiative, air. These power plants are now seek- a way. the EPA found New Source Review vio- ing to permanently extend their unfair I would like to address what is, in my lations at roughly 70–80 percent of the advantage. opinion, the fundamental problem with facilities it investigated. Through its We need a level playing field. The na- this rider. These power companies and enforcement action, EPA was able to tion’s dirtiest power plants should not our Department of Justice have a legal work with industry to generate emis- be able to exploit loopholes in federal dispute, and that dispute should be set- sion reductions as high as 500 tons of law at the expense of the rest of the na- tled through the legal process. I under- volatile organic compounds. However, tion. We need to pass laws to clean up stand that some of the defendant com- these enforcement actions did not re- our air, not make it dirtier. I strongly panies, and some in the Senate, may quire that controls be put in all at oppose any attempt to make it easier feel that the Environmental Protection once. Rather, a schedule was created to for the nation’s dirtiest power plants Agency and the Department of Justice phase in controls so that the pollution to continue their excessive pollution. are being overzealous in pursuing this controls were instituted in a way that Mr. MOYNIHAN. Mr. President, I enforcement action or that there are protected the public without crippling want to thank my colleagues for voic- politics at play here. I respectfully and the industry. It is disingenuous to ing their justified concerns on this im- strongly disagree, and I urge my col- argue that we need a preemptive rider portant issue. I understand that there leagues to disregard such rhetoric. It to protect against what the outcome of is the potential for language to be has been estimated that as many as the pending enforcement action might added to one of the remaining appro- 1,000 people each year die in Massachu- be. There is a history of enforcement priations bills that would interfere setts from air pollution from power decisions which demonstrate that the with the efforts of a number of states plants, automobiles and other sources. courts secure remedies that protect the to seek relief from dangerous air pollu- And, in particular, emissions from public’s interest, and that EPA has had tion they receive from a number of coal-fired plants, the dirtiest of which a willingness to work with industry to large coal-burning facilities which may are outside my state, cause high levels that end. have violated the Clean Air Act. of ozone, which increases the incidence Fundamentally what we are address- As Senator LIEBERMAN has explained, of respiratory disease and premature ing here is a matter of fairness. Right a number of coal-burning facilities aging of the lungs. Acid deposition now utilities in Southern and Mid- were ‘‘grandfathered,’’ exempting them from sulfur can severely degrade lakes western states emit over 4.5 times from pollution control requirements. and forests. Mercury, which is highly more nitrogen oxides than utilities in Congress believed that utilities would poisonous, accumulates in fish locally. the Northeast. A study by the North- soon retire these older plants. The In other words, there is a very real cost east States for Coordinated Air Use grandfathered facilities were given per- to this pollution. Indeed, for some, the Management found that northeastern mission to proceed with routine main- price they pay is their very health and states will have to pay between $1.4 tenance, but any major modifications well being. I can accept that some of and $3.9 billion for additional local con- would be subject to review. It now ap- my colleagues may feel that the De- trols to reduce ozone pollution if six pears that a number of these facilities partment of Justice or the Environ- upwind states fail to implement needed did circumvent the law by increasing mental Protection Agency is pursuing controls. I notice that my colleague generating capacity without installing a flawed legal argument, but I cannot from Vermont is here. I yield the floor the appropriate pollution control tech- accept that the people who are alleging for him to offer some remarks about nologies. harm, who are paying the price for this how the equity issue is particularly im- Now, it appears these same facili- pollution, should be denied their day in portant within a deregulated market- ties—after receiving notification that court. The Department of Justice place. New York and potentially other states should not serve at the pleasure of Con- Mr. JEFFORDS. I thank my distin- intend to sue for these violations of the gress and defendants with the power in- guished colleague from Connecticut for Clean Air Act—may, once again, cir- fluence Congress, it should serve the his acute remarks. He is quite right: at cumvent the law by encouraging the law and the people. I yield to my col- root, this is a question of equity, and it adoption of a rider which would inter- league Senator LIEBERMAN. is a question of fundamental impor- fere with these lawsuits. Any effort by Mr. LIEBERMAN. Thank you. Cer- tance in a deregulated power market. implicated utilities to thwart efforts of tainly, many of our constituents have The Nation’s dirtiest power plants States to obtain injunctive relief, concerns about how cost and service have abused loopholes in federal law to which States could use to mitigate delivery would be implicated under any dirty our air, pollute our lungs, and damage which has already occurred, is enforcement action. If the court were kill our most vulnerable citizens. With inappropriate. to impose fines and injunctive require- one set of loopholes about to close, Throughout my career, I have been a ments which would force power compa- these power plants now seek to create strong proponent of allowing the nies to go out of business, I think we new ones. Courts to do their work without inter- would all join in opposing that out- These power plants have exploited ference of politics—indeed, that was come. Yet time and again, we hear the law for nearly 30 years. Now, EPA the intent of the Framers of the Con- claims that such dire outcomes will is exposing their effort for what it is: a stitution. Madison and Hamilton elo- occur when we ask companies to com- blatant violation of the public trust. In quently explained the importance of a ply with the law. But the evidence response, these dirty polluters are balance of powers in The Federalist Pa- shows that environmental goals are pushing appropriations riders that pers. The Framers of the Constitution being met without sacrificing eco- would justify and permanently extend presumed conflict. The Constitution nomic growth. In this circumstance, I their unlimited ability to pollute. assumes self-interest. It carefully bal- believe the Department of Justice and Haven’t these power plants done ances the power by which one interest EPA have been clear that their objec- enough damage already? Isn’t it will offset another interest, and the

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.129 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14519 outcome will be, in that wonderful the United States uses technology de- that would interfere with enforcement phrase of Madison, ‘the defect of better vised in the 1950’s or before. The EPA– actions against several power compa- motives.’ DOJ enforcement action is now alleg- nies. Here we have an excellent exam- The States must be allowed to pro- ing that many of these generating ple of why we should not be addressing tect their rights. I should think that units have been modified and are no complex, controversial matters in last- any Member of this body ought to defer longer entitled to their grandfathered minute amendments to spending bills. to the courts before which this issue is status. The proponents of the language assert now being placed. Mr. LEAHY. And, I think we are that they have no interest in inter- Mr. LEAHY. Mr. President, I want to making a fair statement in saying that fering with the EPA–DOJ enforcement join my colleagues in voicing my these grandfathered power plants will actions. In fact, the language they strong objection to a rider that I un- enjoy an important competitive advan- have been circulating would wreak derstand may be attached to one of the tage under restructuring because they havoc on the enforcement actions. The remaining appropriations bills. The do not have to meet the same air qual- proponents assert that they are inter- rider would block all or part of an on- ity standards as newer plants. Many of ested merely in allowing routine main- going federal environmental enforce- these grandfathered plants are cur- tenance to occur, but in fact their lan- ment action. If what I hear is true, I rently not running at a high capacity guage makes no mention of routine am troubled on several levels. First, I because demand for their power pro- maintenance. The proponents assert think that it would set a very dan- duction is limited to the size of their that their language would have no im- gerous precedent for Congress to at- local distribution area. Under restruc- pact on the environment, but in fact tempt to squash Federal enforcement turing, the entire nation becomes the their language would allow increases in actions of any kind. The procedures for market for power and production at actual emissions. They also raise the testing and appealing the appropriate- these grandfathered plants and their specter of drastic effects to the power ness and reach of enforcement actions emissions will increase. Deregulation industry, which we have not seen in through the court system and under of all utilities will drive a national other industries that faced similar en- the Administrative Procedures Act are race to capture market share and prof- forcement actions. well established. These procedures do it through producing the cheapest At the very least, we should all agree not include a back door, last minute power. that this issue is sufficiently com- ‘‘Hail Mary pass’’ by Congress using a Some or all of the rider may apply to plicated and controversial, and its im- rider to an appropriations bill as the plants operated by the Tennessee Val- pacts on public health profound vehicle. In this instance, someone does ley Authority (TVA). What do we know enough, that it deserves to be worked not like an environmental enforcement about TVA’s fossil fired power plants out in the authorizing process. It is for action. If we do it here, will we attach in Tennessee, Kentucky, and Alabama? problems like this that we have au- something to appropriations bill to Fifty-eight of 59 units are grand- thorizing committees, such as the En- stop antitrust enforcement actions? fathered, with the average startup year vironment and Public Works Com- How about price fixing cases? Where being 1957, 13 years before the Clean mittee on which I sit, and before which would this type of meddling cease? Air Act was passed. The average elec- I am sure the proponents would find a What we may be seeing with the fil- tricity prices for the TVA states are sympathetic audience. It is in the day- ing by EPA and DOJ is an enforcement 6.03 cents in Tennessee, 5.58 cents in light of the authorizing process, where action that has hit the bull’s eye dead- Kentucky, and 6.74 cents in Alabama. we can hear from expert witnesses, on. And now utilities who may have The average price nationally in 1997 where we can have public markups, and where we take the time to untangle crossed the line are pulling out all the was 8.43 cents. TVA sells some of the and properly resolve these types of stops to thwart the action. cheapest electricity, in part, because it issues, that we should address this Let’s not kid ourselves about what is is operating these old, subsidized issue. at stake. Many of us have drafted and grandfathered plants. In a deregulated introduced legislative proposals to ad- national market, will TVA be competi- f dress power plant pollution. We have tive? The answer is yes. TEN-YEAR ANNIVERSARY OF THE turned up the heat, and the industry TVA-wide in 1997 the 59 units emitted FALL OF THE BERLIN WALL has taken notice. Further, the debate 98.5 million tons of CO2, nearly 5% of Mr. KYL. Mr. President, as we work over electric utility restructuring is the U.S. total for power plants. If the through the final days of the legisla- starting up again in the House of Rep- TVA plants were all in one state that tion session, we are apt to become resentatives and the Senate. While state would rank sixth in CO2 emis- mired in the details of our work. We there are substantial economic benefits sions. In 1997, the TVA plants emitted can lose sight of the special oppor- possible under restructuring, Congress 808,500 tons of acid rain producing SO2. tunity we have, as legislators, to rep- should also address environmental con- If the TVA plants were all in one state resent our fellow citizens and to consequences of deregulation. In order to that state would rank fifth in SO2 duct the business of a democratic soci- alert the Senate leadership of this im- emissions. Unfortunately we do not ety in the Nation’s Capital. portant issue that has so far been ig- have comparable data for ozone pro- In this spirit, I wish to draw the Sen- nored in the restructuring debate, I ducing nitrogen oxide emissions or for ate’s attention to a very special anni- have asked my colleagues to join me in emissions of toxic mercury, but I think versary one that I hope can inspire us sending a letter to the Senate leader- my point on emissions is made. We to bring our efforts renewed apprecia- ship requesting that the Senate include should not be looking for a way to un- tion for our blessings—and our duties— a provision to eliminate the grand- fairly exempt TVA or other grand- as legislators in the greatest democ- father loophole for older power plants. fathered plants from environmental racy in human history. My colleagues from Connecticut and regulations, rather we need to be look- Ten years ago yesterday, the New York certainly knows the history ing for the best ways to bring these old starkest symbol of human bondage in of the Clean Air Act more than any of plants up to date with current tech- this century—the Berlin Wall—shook, us. Senator LIEBERMAN, how do you see nology. cracked, and then collapsed. To be this enforcement action affecting the Again, I want to thank my colleagues sure, it took time for all of it to by Clean Air Act loophole? for their conviction on objecting to physically dismantled. Sections of it Mr. LIEBERMAN. I thank my col- this rider. Congress needs to close the still stand, left as symbols all at once league from Vermont. As you have ar- grandfather loophole, not attempt of man’s capacity for evil and his insa- gued in the past, the 1970 Clean Air Act backdoor ways to thwart the will of tiable drive to be free. But in one mag- Amendments assumed that one of the the prior Congresses that enacted the nificent moment 10 years ago, without major sources of these pollutants— Clean Air Act of 1970, and the amend- a shot being fired, people who had only older power plants—would be retired ments to it in 1977 and 1990. known cold war captivity crossed the and replaced with cleaner burning Mr. LAUTENBERG. Mr. President, I line and became free. plants. Unfortunately, this has not would like to join my colleagues in ex- They were helped across by many happened. The average power plant in pressing concern about the language hands: by the American people who

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.130 pfrm02 PsN: S10PT2 S14520 CONGRESSIONAL RECORD — SENATE November 10, 1999 served by the millions in uniform and subscribed wholeheartedly to one major ico for gas. Apparently, he picked the who put up trillions—trillions—of dol- truth that many of his intellectually sophis- locks on his handcuffs and leg irons, lars to fight the cold war; by the citi- ticated critics either never knew or had for- pushed his way out of a rooftop vent, gotten: Societies that encourage freedom hid out of sight of the guards who trav- zens of NATO and other allied nations and creativity tend to flourish, while soci- who made similar sacrifices of blood eties that suppress liberty tend to stagnate. eled with the bus, and then slipped to and treasure; by many of their fellow This was the central truth around which the ground as it pulled away. He was countrymen who over many years kept Ronald Reagan fashioned his political ca- wearing his own street clothes and small fires of freedom burning in their reer. This was the crucial insight that he ar- shoes. The TransCorp guards did not hearts for the day when the wall would ticulated with passion and eloquence and notice that Bell was missing until nine come down; and, at critical moments, pursued with iron resolve. And this was the hours later, and then delayed in noti- basis of his Soviet strategy. fying New Mexico authorities. Bell is by great leaders. Underlying Mr. Reagan’s approach to the Joseph Shattan, a former White Soviet Union was his profound (his critics still at large. House speech writer and, now, a Brad- would say ‘‘childlike’’ or ‘‘simplistic’’) faith Kyle Bell’s escape is not an isolated ley Fellow at the Heritage Foundation, in freedom. Mr. Reagan simply knew that case. In recent years, there have been has chronicled this leadership in his there was no way a closed society like the several escapes by violent criminals book ‘‘Architects of Victory: Six He- Soviet Union could prevail against an open when vans broke down or guards fell society like the United States once the open roes of Cold War,’’ published by Herit- asleep on duty. There have also been an age, and excerpted recently in essay society made up its mind to win. And Mr. Reagan, years before he became president, alarming number of traffic accidents in form in the Washington Times. He de- which prisoners were seriously injured scribes how six remarkable individ- decided that the United States would win the Cold War . . . The military buildup, the sup- or killed because drivers were tired, in- uals—Winston Churchill, Harry Tru- port of anti-communist movements world- attentive, or poorly trained. man, Knorad Adenauer, Alexander Sol- wide (better known as the ‘‘Reagan Doc- Privatization of prisons and prisoner zhenitsyn, Pope John Paul II, and Ron- trine’’), the Strategic Defense Initiative, the ald Reagan—seized their own moment covert assistance to the Polish trade union transportation services may be cost ef- in the cause of freedom. Solidarity, the economic sanctions against ficient, but public safety must come Mr. President, as Americans, we Moscow—all were meant to force an already first. The Interstate Transportation of should on this day take special note of shaky Soviet system to embark on a course Dangerous Criminals Act requires the the two American Presidents—one of radical reform. These reforms Attorney General to set minimum Democrat, one Republican, who played (perestroika, glasnost) soon acquired a mo- standards for private prison transport such vital roles in bringing about the mentum of their own, and eventually companies, including standards on em- brought down the Soviet Union. fall of the Berlin Wall ten years ago. Mr. Reagan’s approach to foreign policy ployee training and restrictions on the Here is Shattan on Harry Truman: was unprecedented. The traditional U.S. number of hours that employees can be Underlying Truman’s policies was the con- strategy was to seek to contain Soviet power on duty during a given time period. A viction that Soviet totalitarianism was no and hope that, at some unspecified point in violation is punishable by a $10,000 fine, different than Nazi totalitarianism. In his the future, containment would convince the plus restitution for the cost of recap- view, both the Nazis and the communists communist ruling class to abandon its ex- turing any violent prisoner who es- violated human rights at home and sought to pansionist course. By contrast, Mr. Reagan expand their empires abroad. To secure a capes as the result of such violation. sought not merely to contain the Soviets but This should create a healthy incentive world where democratic values might flour- to overwhelm them with demonstrations of ish, Truman believed the United States had U.S. power and resolve that left them with for companies to abide by the regula- to contain Soviet expansionism—through no alternative but to accept the choice he of- tions and operate responsibly. economic and military aid if possible, fered them: Change or face defeat. I commend Senator DORGAN for his through force of arms if necessary. Over the His success proved that great leadership leadership on this legislation and urge long run, a successful policy of containment does not depend on intellectual or historical would cause Soviet leaders to lose their faith sophistication. What is needed, above all, is its speedy passage. in the inevitability of a global communist the right set of convictions and the courage triumph. Only then could negotiations with to stand by them. Mr. Reagan’s beliefs about f Moscow contribute to a safer, more peaceful freedom and tyranny were uniquely rooted in world. the American experience, and his courage re- NATIONAL MISSILE DEFENSE Because the Truman administration’s pol- flected the quiet self-confidence of the Amer- REPORT icy of containment set the course for U.S. ican heartland. His was truly a U.S. presi- foreign policy over the next 35 years, it dency that changed the world. Mr. COCHRAN. Mr. President, a re- seems in retrospect to have been a natural, port on the National Missile Defense even inevitable, response to Soviet aggres- Much has changed in 10 years. Yes, siveness. But it was nothing of the sort. Tru- we still have walls to tear down—on program has been completed and will man’s predecessor, Franklin Roosevelt, had the Demilitarized Zone in Korea, be released shortly by a panel of ex- taken a markedly different approach toward around the island of Cuba, and every- perts which is chaired by retired Air Moscow—one aimed at cementing an endur- where that people around the globe Force General Larry Welch. The direc- ing U.S.-Soviet friendship—and when Tru- still struggle for peace and freedom. tor of the Defense Department’s Bal- man became president, he was determined to But the Cold War is over. Freedom listic Missile Defense Organization re- follow in FDR’s footsteps, even if it meant won. As we watch the many celebra- quested this report which examines the ignoring his own instincts. But Truman National Missile Defense program and gradually worked his way out from under tions underway today—in Berlin, all FDR’s long shadow and placed his own indel- over Europe, and elsewhere in the makes several recommendations for ible stamp on U.S. foreign policy. world—let us honor Cold War heroes, improvement. Truman’s decisive break with FDR’s for- and rededicate ourselves to the cause Many will remember that General eign policy came in a historic speech deliv- of freedom they championed. And, my Welch and his panel issued a previous ered before a joint session of Congress on colleagues, as we conduct the people’s report last year which examined as- March 12, 1947. ‘‘I believe it must be the pol- business, let us seek to renew an abid- icy of the United States,’’ he declared, ‘‘to pects of both the National Missile De- support free peoples who are resisting ating reverence for the freedom that fense program and several Theater Mis- tempted subjugation by armed minorities or brings us here. sile Defense programs. by outside pressures.’’ Alonzo Hamby, one of f Generally speaking, the newest Truman’s biographers, rightly called this THE INTERSTATE TRANSPOR- Welch Report is a helpful critique of speech ‘‘the decisive step in what would soon be called the Cold War.’’ TATION OF DANGEROUS CRIMI- the National Missile Defense Program. Harry Truman’s steadfast commit- NALS ACT Given the importance of this program, ment to ‘‘free peoples’’ assured that Mr. LEAHY. Mr. President, the re- additional knowledge of its inherent the Iron Curtain would encroach no cent escape of convicted child mur- risks will help BMDO to structure and further on freedom. But it took an- derer Kyle Bell from a private prison run the best program possible. other President to push the Wall over. transport bus should serve as a wake- In particular, I support the report’s Here again is Shattan on Ronald up call, to the Congress and to the emphasis on giving the BMDO program Reagan: country. Kyle Bell slipped off a manager, as well as the Lead Systems But while liberals frequently disparaged TransCorp America bus on October 13, Integrator, increased authority in run- Mr. Reagan’s intellect, the fact was that he while the bus was stopped in New Mex- ning this program.

VerDate 29-OCT-99 00:30 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.070 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14521 The report’s emphasis on additional hope that everyone will keep in mind other inventors caught unaware by re- ground testing and purchasing addi- the importance of testing the basics cent court decisions allowing business tional hardware—such as a second first, and then proceeding to more com- methods to be patented. It is simply launcher for the Kwajalein test site— plex tests. unfair that an innovator of a particular makes good sense. There are, of course, some problems business method should suddenly have Any program subjected to scrutiny with testing against more realistic tar- to pay royalties for its own invention, on the level of the Welch Panel’s will gets that have nothing at all to do with just because of an unforeseeable change face some criticism about particular the NMD program. According to the in patent law. It is my understanding aspects of how the program is being Ballistic Missile Defense Organization, that any kind of method, regardless of conducted. But one key phrase in the BMDO believes it is—and I quote from its technological character, would be report is worth keeping in mind, and I a note BMDO sent to my staff—‘‘con- included within the scope of this defi- quote: ‘‘Given the set of challenges and strained by START treaty limita- nition, provided it is used in some man- the phased decision process, the JPO tions’’—from testing against more real- ner by a company or other entity in [BMDO’s NMD Joint Program Office] istic targets. the conduct of its business. and LSI [Boeing, the Lead System In- This surely must be a misunder- tegrator] have formulated a sensible, standing within the Defense Depart- Two other provisions provide greater phased, incremental approach to the ment that will be resolved quickly. predictability and fairness for inven- development and deployment deci- I want to commend the members of tors. One title guarantees a minimum sion—while managing the risk.’’ the panel who produced the Welch Re- patent term of 17 years by extending Every DoD program has some degree port. I hope that some of their con- patent term in cases of unusual delay. of risk; the risk in each program, NMD cerns have been ameliorated by the re- Another allows for domestic publica- included, can be mitigated by addi- cent NMD intercept, which occurred tion of patent applications subject to tional time and money. However, the too late to be included in their report. foreign publication. I support the NMD program is not being developed in f changes made to this provision since the last Congress, changes which a vacuum, a point clearly made by PATENT REFORM AND INVENTOR should satisfy the concerns of inde- North Korea’s flight test of the three- PROTECTION LEGISLATION pendent inventors that their ideas stage Taepo Dong I ICBM in August of Mr. LIEBERMAN. Mr. President, I 1998. We don’t have the luxury of time. might be copied before their patents rise to express my support for S. 1798, are granted. Because of the proliferation threat, our the American Inventors Protection choice is simple: We can accept addi- Act. Yesterday I became a co-sponsor Finally, I applaud the new regula- tional program risk, or we can leave of the patents reform legislation, tions and remedies which will provide the United States vulnerable to rogue which was recently reported out of the inventors with enhanced protections threats of coercion by placing a pre- Senate Judiciary Committee. It is my against invention promotion scams. mium on wringing risk from the NMD understanding that the provisions con- Each year thousands of inventors lose program. tained in that legislation are being tens of millions of dollars to deceptive The emphasis must be on protecting folded into a larger bill, which also ad- invention marketing companies. In America and American interests. The dresses satellite television and other 1994, as then-Chairman of the Sub- continued vulnerability of the United matters. Although I urge passage of committee on Regulation and Govern- States is unacceptable, which is why this larger bill, in my comments today mental Affairs, I held a hearing on the many of the Welch Report’s rec- I will speak only to the provisions deal- problems presented by the invention ommendations should be implemented ing with patent reform and inventor marketing industry. Witness after wit- as quickly as possible. protection, provisions which I strongly ness testified how dozens of companies, Because of the threat we have no believe will provide vital new protec- under broad claims of helping inven- choice but to accept a high-risk pro- tions both to businesses and to indi- tors, had actually set up schemes in gram. We ought to accept as much risk vidual inventors. In particular, I am which inventors spend thousands for as we can stand, because the con- pleased to see an entire title dedicated services to market their invention—a sequences of not being prepared for the to regulating invention promoters, service that companies regularly fail threat are so high. ‘‘High’’ risk is not many of whom are little more than con to provide. synonymous with ‘‘failure,’’ as dem- artists. In 1995 I introduced the ‘‘Inven- The legislation I introduced in 1995 onstrated by the recent successful tor Protection Act’’ of 1995, which was used a multi-faceted approach to sepa- intercept conducted by this program. the first bill to target the unsrupulous rate the legitimate companies from the Decision points in the National Missile firms that take advantage of inventors’ fraudulent and guarantee real protec- Defense program should not be ad- ideas and dreams. Several of my bill’s tion for America’s inventors. I am justed because of a high level of risk in provisions now appear in the House and gratified that a number of the provi- the program, but only if the level of Senate legislation, and I am glad to see sions from my bill have been used in a risk becomes unacceptably high. To that the work we did in the 104th Con- title of this year’s patent reform legis- date no senior Defense Department of- gress, combined with the efforts of oth- lation specially devoted to invention ficial has told me that the level of risk ers since, should finally result in the marketing companies. Both bills pro- in the NMD program is unacceptable. passage of long needed protections Much of this report focuses on a lack vide inventors with enhanced protec- against invention promotion scams. tions against invention promotion of hardware to test and insufficient The American Inventors Protection simulation facilities. That is the rea- scams by creating a private right of ac- Act is a well-rounded bill. It reduces tion for inventors harmed by deceptive son Congress added $1 billion for mis- patent fees and authorizes the Comis- sile defense last year. fraudulent practices, by requiring in- sioner of the Paetnt and Trademark Of- vention promoters to disclose certain The Welch Report also calls for flight fice (PTO) to report to Congress on al- tests against more varied targets. information in writing prior to enter- ternative fee structures. The goal here, ing into a contract for invention pro- After the recent successful NMD flight as with other titles of the legislation, motion services, and by creating a pub- test, there was an unfortunate rush to is to make our patent system as acces- licly available log of complaints re- judgment by some who wanted to in- sible as possible to all. Another reform ceived by the PTO involving invention dict this program as a fraud for not at- would save money for parties to a pat- promotes. tempting the most complex intercept ent dispute. It allows third parties the test immediately. These critics were option of expanded inter pates reexam- The provisions contained in the obviously unaware of the fact that it ination procedures; these new proce- American Inventors Protection Act was the Welch Panel, during its inves- dures before the PTO will decrease the represent our best hope for passage of tigation, which recommended to BMDO amount of litigation in federal district meaningful patent reform. I urge my that the recent flight test be sim- court. colleagues to support their passage to plified. I support the Welch Report’s The ‘‘First Inventor Defense’’ is a ensure that inventors as well as their suggestion for realistic testing, and vital new provision for businesses and ideas are adequately protected.

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.094 pfrm02 PsN: S10PT2 S14522 CONGRESSIONAL RECORD — SENATE November 10, 1999 THE CONVEYANCE OF CERTAIN crease in the minimum wage must be single family homes are manufactured LANDS TO PARK COUNTY, WYO- accompanied by measures that will ne- homes, and with an average cost of MING gate possible unintended negative ef- around $42,000, manufactured homes Mr. ENZI. Mr. President, I rise in fects on workers and businesses. enable many individuals, young fami- support of legislation that I and my I believe the Domenici amendment lies, and retired South Dakotans to offers a reasonable way to help workers enjoy the benefits of homeownership. colleague, Senator CRAIG THOMAS, introduced on Tuesday, November 9, 1999, and businesses by coupling the wage in- Nearly one-quarter of the new homes that would authorize the sale of cer- crease with tax relief that will help nationwide are manufactured homes, tain federal lands near Cody, Wyoming small businesses offset the additional and an estimated 8% of the American to Park County Wyoming for future costs. I would like to highlight a few of population lives in manufactured use as an industrial park. the ways this amendment creates a homes. Despite the increasing number of By purchasing this property, and zon- win-win situation for workers and manufactured homes, the Federal Man- ing it as an industrial park, Park small businesses. First, our amend- ufactured Home Construction and Safe- County will be able to provide, protect, ment provides a one dollar increase in ty Standards Act has not been updated and recognize an area that is well suit- the minimum wage, which will be since its creation in 1974. Over the past ed for industrial development, in a phased in incrementally over the next twenty five years, manufactured homes manner consistent with uses on sur- three years. Currently, the federal min- have evolved from being predominately rounding properties, and do so in a way imum wage is $5.15 per hour. Our mobile trailers to permanent struc- that does not burden other areas in the amendment raises the minimum wage tures that contain the same amenities community whose uses are more resi- to $5.50 per hour in 2000, to $5.85 per found in site-built homes. The inability dential or commercial in nature. hour in 2001, and to $6.15 per hour in of regulations to keep pace with chang- The property in question consists of 2002. It also includes reforms to expand ing technology and the nature of man- approximately 190 acres of federal land pension coverage, particularly for em- ufactured housing frustrates manufac- just north of the Cody City limits. Part ployees of small businesses. These pro- tured housing builders and consumers of this land is currently leased to a visions enhance fairness for women, increase portability for plan partici- alike. number of light industrial corporations S. 1452 establishes a consensus com- including a gypsum wall board manu- pants, strengthen pension security and enforcement, and streamline regu- mittee that would submit rec- facturing facility, a meat processing ommendations to the Secretary of HUD facility, a trucking company, an oil latory requirements. Likewise, our proposal permanently extends the Work for revising the manufactured housing company, a concrete company, and a construction and safety standards. In lumber company. The property is also Opportunity Tax Credit, which gives employers an incentive to hire people addition, the bill authorizes the Sec- currently used as a utility corridor and retary of HUD to use industry label is encumbered by a natural gas pipe- receiving public assistance. This program helps people who have fallen on fees to administer the consensus com- line, several electricity and oil and gas mittee and update the regulations. I pipeline rights of way, and a railroad hard times to move back into the workplace. A section of our proposal applaud this unique provision that easement held by the Chicago Bur- costs taxpayers nothing. lington Quincy Railroad. that I am particularly proud of allows self-employed individuals to deduct 100 There is no question that construc- This proposal offers a needed shot in tion codes for manufactured homes are the arm for an economy that has not percent of their health insurance costs as early as next year. Under current woefully outdated and in need of revi- been able to attract a diversity of new sion. For example, the manufactured jobs based on of a shortage of available law, hard working men and women must wait until 2003 before they can housing industry is running six years industrial property. This shortage was behind the most current electrical created by a strong federal presence— fully deduct their health insurance costs. This measure puts small busi- codes. Changes in the height of ceilings 82 percent of the land in Park County in manufactured homes since 1974 have is owned by the Federal Government, ness owners, farmers, and other hard working men and women struggling to also outpaced codes regulating the lo- with 52 percent of that land designated cation of smoke detectors in the home. and managed as Wilderness. This high get their businesses off the ground on a level playing field with large corpora- As a result, some smoke detectors in concentration of federal land drives up manufactured homes are several feet the price on available private land tions, who already enjoy full deductions for healthcare. I have fought for from the top of vaulted ceilings. An- making industrial development very other trend in the industry is for more difficult. this parity throughout my tenure in Congress, and I thank Senator DOMEN- manufactured homes to be placed on In conclusion Mr. President, I hope private lots with basements. Unfortu- my colleagues can join with me in sup- ICI for including it in this amendment. Mr. President, our amendment is a nately, out-of-date HUD regulations report of this legislation and together we compromise package. It is a good faith quire water heaters to be placed on the can provide the Cody area with a won- attempt to help low-income workers main floor of a manufactured home, derful community building without penalizing their employers or thereby prohibiting the more logical opportunity. causing unintended job displacement. placement of water heaters in the base- f We believe the tax relief and pension ment and near a floor drain. By updating construction safety reg- INCREASING THE MINIMUM WAGE reforms in this bill will help small businesses and mitigate possible ad- ulations, this bill will benefit many Mr. SANTORUM. Mr. President, I verse effects of raising the minimum South Dakotans and others who own would like to take a moment to discuss wage. manufactured homes. The AARP has the amendment offered by Senator Once again, I thank Senator DOMEN- raised valid concerns with portions of DOMENICI, Senator ABRAHAM, and my- ICI for his hard work on this amend- this legislation that I am hopeful can self to raise the minimum wage. I co- ment. be addressed. I am confident that the sponsored this proposal because I be- f concerns AARP has with the composi- lieve it represents a fair, sensible com- tion of the consensus committee can be promise. THE MANUFACTURED HOUSING worked out to ensure proper represen- In raising the minimum wage, it is IMPROVEMENT ACT tation from consumers, industry ex- imperative that we do not hurt the Mr. JOHNSON. Mr. President, I am perts, manufacturers, public officials, very people we are trying to help. In- pleased to offer my support and cospon- and other interested parties. I also creasing the minimum wage always sorship to S. 1452, the Manufactured commend AARP for raising the issue of carries the risks of hindering job Housing Improvement Act. Rural warranties, and as a cosponsor of this growth, cutting off opportunities for America, and my state of South Da- legislation, I look forward to working entry level workers, or displacing cur- kota in particular, is in the midst of an with my colleagues, the manufactured rent workers. These risks are a real affordable housing crunch. In South housing industry, and AARP to ensure concern to me. In my view, any in- Dakota, approximately four of ten new consumer access to warranties.

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.133 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14523 Another important issue that needs were hanged in effigy by segregation- There being no objection, the mate- to be addressed in this discussion con- ists. rial was ordered to be printed in the cerns installation standards that 33 But Daisy Bates persevered. She did RECORD, as follows: states, including South Dakota, cur- all this, withstood these challenges, be- U.S. CONGRESS, rently have. Differences in geography, cause she loved children and she loved CONGRESSIONAL BUDGET OFFICE, soil composition, and climate make a her country. She had an internal fire, Washington, DC, November 2, 1999. uniform set of installation standards instilled in her during a childhood Hon. FRANK H. MURKOWSKI, Chairman, Committee on Energy and Natural difficult to implement. However, I spent in Huttig, Arkansas. And this Resources, would like to see consumers in those strong character shone through as she Washington, DC. states that currently do not have in- willingly took a leadership role to bat- DEAR MR. CHAIRMAN: The Congressional stallation standards for manufactured tle the legal and political inequities of Budget Office has prepared the enclosed cost homes receive the same level of assur- segregation in our state and the na- estimate for S. 977, the Miwaleta Park Ex- ance South Dakotans have that their tion. pansion Act. homes will be installed correctly. Mrs. Bates continued to work tire- If you wish further details on this estimate, we will be pleased to provide them. I would like to thank Senator SHEL- lessly in anti-poverty programs, com- The CBO staff contacts are Mark Grabowicz BY munity development and neighborhood for introducing S. 1452 as well as (for federal costs), who can be reached at 226– Senators ALLARD and KERRY for hold- improvement. She published a book, 2860, and Marjorie Miller (for the impact on ing hearings on the legislation in Octo- for which another remarkable woman, state and local governments), who can be ber. I am hopeful that with the help of Eleanor Roosevelt, wrote the introduc- reached at 225–3220. the interested parties, we can make tion. Daisy also spent time working for Sincerely, this important bill even better. I look the Democratic National Committee DAN L. CRIPPEN. forward to a continued dialogue on this and for President Johnson’s adminis- Enclosure. issue and for the Senate to take up this tration. S. 977—Miwaleta Park Expansion Act issue early in the new year. Many people honored Daisy Bates S. 977 would direct the Secretary of the In- f during her lifetime. In 1997, Mrs. Bates terior to convey, without compensation, received for her courage and character, Miwaleta Park and certain adjacent land to TRIBUTE TO DAISY GASTON the Margaret Chase Smith Award, Douglas County, Oregon. The bill stipulates BATES OF ARKANSAS named after the second woman ever that the county must use this land for rec- Mrs. LINCOLN. Mr. President, I rise reational purposes. Currently, the Bureau of elected to the U.S. Senate. Daisy Bates Land Management (BLM) allows the county today to pay tribute to a great Amer- carried the Olympic torch from a to use the land for a park at no cost to the ican and an honored daughter of Ar- wheelchair during the 1996 Atlanta county. Because BLM does not plan to sell kansas. Daisy Gaston Bates was an au- games. Many more, I am sure, will the land or otherwise generate receipts from thor, a newspaper publisher, a public honor her after her death. I am proud it, CBO estimates that implementing S. 977 servant, a community leader. And to honor her today in the U.S. Senate. would result in no significant costs to the some would say most importantly, a Mrs. Bates will lie in state on Mon- federal government. The bill would not af- civil rights activist. Mrs. Bates passed day at the State Capitol Rotunda in fect direct spending or receipts, so pay-as- away last Thursday and we in the great you-go procedures would not apply. Little Rock. Ironically, this is only S. 977 contains no intergovernmental or state of Arkansas are celebrating the blocks away from the school where private-sector mandates as defined in the life of one of our greatest citizens. that famous confrontation occurred in Unfunded Mandates Reform Act. Douglas Mrs. Bates believed in justice and 1957. And in another twist of fate, the County might incur some costs as a result of equality for all of us. No doubt it was Little Rock Nine are scheduled to re- the bill’s enactment, but any such costs that love of freedom and equality that ceive Congressional Gold Medals in a would be voluntary. The county also would compelled her crusade in 1957 for the White House ceremony with President benefit, however, because it would receive rights of nine African-American chil- Bill Clinton this Tuesday, the very land at a negligible cost. The bill would have no significant impact on the budgets of other dren to attend Little Rock’s all-white same day Daisy Bates will be laid to Central High School. Daisy Bates state, local, or tribal governments. rest. On October 29, 1999, CBO transmitted a cost played a central role, as Arkansas This great woman leaves a legacy to estimate for H.R. 1725, the Miwaleta Park president of the National Association our children, our state and our nation; Expansion Act, as ordered reported by the of Colored People, in the litigation a love of justice, freedom and the right House Committee on Resources on October that lead up to that confrontation on to be educated. A matriarch of the civil 20, 1999. The two bills are very similar and the school steps. This was a defining rights movement has passed on but I’m the cost estimates are identical. moment in the history of the civil encouraged by the words of her niece, The CBO staff contacts are Mark rights movement. Sharon Gaston, who said, ‘‘Just don’t Grabowicz (for federal costs), who can be According to her own accounts and reached at 226–2860, and Marjorie Miller (for let her work be in vain. There’s plenty the impact on state and local governments), those of the Little Rock Nine, the stu- of work for us to do.’’ who can be reached at 225–3220. This estimate dents would gather each night at the Mr. President, there is still much was approved by Peter H. Fontaine, Deputy Bates’ home to receive guidance and work to be done to bring complete civil Assistant Director for Budget Analysis. strength. It was through the encour- rights and equality to our nation. agement of Daisy Bates and her hus- Today, as we pause to remember Daisy f band that these young men and women Gaston Bates, I hope we will be re- ESTABLISHMENT OF THE UNITED were able to face the vicious and hate- newed and refreshed in our efforts. STATES JOINT FORCES COMMAND ful taunts of those so passionately op- f posed to their attendance at Central Mr. LIEBERMAN. Mr. President, I High. CONGRESSIONAL BUDGET OFFICE rise today to commend the Secretary Mrs. Bates and her husband, L.C., ESTIMATES OF S. 977 of Defense, Bill Cohen, the Chairman of also published a newspaper, the Arkan- Mr. MURKOWSKI. Mr. President, on the Joint Chiefs of Staff, General Hugh sas State Press, which courageously November 2, 1999, I filed Report 206 to Shelton, the Commander in Chief Joint published accounts of police brutality accompany S. 977, that had been or- Forces Command Admiral Hal Gehman, against African-Americans in the 1940’s dered favorably reported on October 20, and the Army Chief of Staff, General and took a stance for civil rights. 1999. At the time the report was filed, Eric Shinseki for their commitment to Eventually, Central High was inte- the estimates by Congressional Budget transforming our current military grated and Daisy and her husband were Office were not available. The estimate force to one which will assure our mili- forced to close their newspaper because is now available and concludes that en- tary superiority well into the twenty of their civil rights stance. Advertisers actment of S. 977 would ‘‘result in no first century. withdrew their business and the paper significant costs to the federal govern- Secretary Cohen and General Shelton suffered financial hardships from which ment.’’ I ask unanimous consent that a have taken strong and direct action to it could not recover. She and L.C. were copy of the CBO estimate be printed in establish transformation as the guiding threatened with bombs and guns. They the RECORD. policy for the Department of Defense.

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.134 pfrm02 PsN: S10PT2 S14524 CONGRESSIONAL RECORD — SENATE November 10, 1999 Their leadership responds to what are force designed largely for the Cold War does to a buffalo, is off limits unless now broadly accepted conclusions to one that will be more effective you are a journalist, government offi- about the security environment we will against the threats that most now see cial, or member of some other special face and the challenges and opportuni- as most likely and most dangerous. group. If not, you can only get there by ties resulting from the Revolution in The goal is to make the U.S. Army breaking the law, which an estimated Military Affairs. Many, both inside and more strategically relevant by making 10–15,000 Americans did last year. outside the Pentagon, have concluded it lighter, more deployable, more le- Of all the ridiculous, anachronistic, that these changes are of such mag- thal, and more sustainable. General and self-defeating policies, this has got nitude that they require that our mili- Shinseki plans to find technological so- to be near the top of the list. tary in the twenty first century be fun- lutions to these problems, and intends For forty years, administration after damentally different than today’s mili- to create this year an experimentation administration, and Congress after tary. This view was compellingly ar- process at Fort Lewis Washington in Congress, has stuck by this failed pol- ticulated by the National Defense order to begin to construct this new icy. Yet Fidel Castro is as firmly in Panel, which was created by this body. force. He has said that he wants to control today as he was in 1959, and the And it was given the force of policy by eliminate the distinction between dif- Cuban people are no better for it. Secretary Cohen in the Quadrennial ferent types of Army units, and per- This legislation attempts to put Defense Review. haps in time go to an all-wheeled fleet some sense into our policy toward But how are we to know what this of combat vehicles, eliminating the Cuba. It would also protect one of the very different military should look tank as we have known it for almost a most fundamental rights that most Americans take for granted, the right like? Secretary Cohen and General century. These are historic and very to travel freely. I commend the senior Shelton, encouraged and supported by positive steps. But there is much Senator From Connecticut, Senator legislation we passed last year, estab- progress that must still be made. For DODD, who has been such a strong and lished a process to answer that ques- example, the Army and the Air Force persistent advocate on this issue. I am tion. On the first of October, 1998, they must now implement their plans in proud to join him in cosponsoring this charged the Commander in Chief of the concert with the other services, and legislation, which is virtually identical United States Atlantic Command, Ad- with the Joint Forces Command. to an amendment he and I sponsored miral Harold Gehman, to put in place a Fundamental change is very difficult earlier this year. That amendment joint experimentation process to objec- to effect, especially in organizations, tively determine which new tech- came within 7 votes of passage. like the Department of Defense, that Mr. President, in March of this year nologies, organizations, and concepts are large and successful. Frankly, I am I traveled to Cuba with Senator JACK of operation will most likely to future a little surprised that we have been REED. We were able to go there because military superiority. Since that time able to achieve these changes in so Admiral Theman has done a superb job we are Members of Congress. short time. But organizations that I came face to face with the absurd- of establishing a process and beginning don’t change ultimately fail, and that experiments toward that end. In June, ity of the current policy because I is not an outcome we can accept. So we wanted my wife Marcelle to accompany 1999, Admiral Gehman began experi- should not only applaud these moves, ments to address how the U.S. military me as she does on most foreign trips. A but support them, and encourage faster few days before we were to leave, I got should be equipped and organized to ef- and more direct action. An excellent fectively find and strike critical mobile a call from the State Department say- report by the Defense Science Board in ing that they were not sure they could enemy targets, such as ballistic mis- August, 1999 suggests some things we siles. Other experiments to address approve her travel to Cuba. can do to provide this support. The I cannot speak for other Senators, near, mid, and far term strategic and most important are encouraging the but I suspect that like me, they would operational problems will follow. On development of a DOD-wide strategy also not react too kindly to a policy the first of October of this year the for transformation activities, and in- that gives the State Department the Secretary and the Chairman increased sisting on the establishment of proc- authority to prevent their wife, or the priority of the policy of trans- esses to turn the results of experiments their children, from traveling with formation by redesignating the United into real capabilities for our forces. them to a country with which we are States Atlantic Command as the And we must ensure that this effort is not at war and which, according to the United States Joint Forces Command. not hobbled by lack of resources. Per- Defense Department and the vast ma- This change is more than simply a haps most importantly, we must insist jority of the American public, poses no change in name. It underlines the in- that no Service plan nor program be threat to our security. creasing importance of increased agreed to or resourced unless we are as- I wonder how many Senators realize jointness in meeting the security chal- sured that it has passed through a rig- that if they wanted to take a family lenges of the twenty first century, in- orous joint assessment and is con- member with them to Cuba, they would creases the priority assigned to experi- sistent with the joint warfighting probably be prevented from doing so by mentation, and reflects the expanded needs of our military commanders. United States law. role that the United States Joint I urge my colleagues to join me in Actually, because the authors of the Forces Command assumes in order to complementing our senior leaders and law knew that a blanket prohibition on achieve that goal. I applaud Secretary to support their efforts to move to the travel by American citizens would be Cohen and General Shelton for their next level of jointness as they grapple unconstitutional, they came up with a commitment to transformation of the with the difficult task of building the clever way of avoiding that problem U.S. military and their courage to most effective American military pos- but accomplishing the same result. make the tough changes needed to get sible for the 21st century. Americans can travel to Cuba, they it done. f just cannot spend any money there. I am also pleased to see that their Almost a decade has passed since the leadership is having a positive effect on THE FREEDOM TO TRAVEL TO collapse of the former Soviet Union. our military Services’ plans to trans- CUBA ACT OF 1999 Eight years have passed since the Rus- form themselves to meet the coming Mr. LEAHY. Mr. President, any sians cut their $3 billion subsidy to challenges. The U.S. Air Force has American who wants to travel to Iran, Cuba. We now give hundreds of millions begun to reorganize its units into Air to North Korea, to Syria, to Serbia, to of dollars in aid to Russia. Expeditionary Forces to be more re- Vietnam, to just about anywhere, can Americans can travel to North sponsive to the need for air power by do so, as long as that country gives Korea. There are no restrictions on the the warfighting commanders. And I them a visa. As far as the United right of Americans to travel there, or note with great admiration that on Oc- States Government is concerned, they to spend money there. Which country tober 12, 1999 General Eric Shinseki, can travel there at their own risk. poses a greater threat to the United Chief of Staff of the U.S. Army, an- Cuba, on the other hand, a country 90 States? Obviously North Korea. nounced his intention to begin to miles away that poses about as much Americans can travel to Iran, and transform the U.S. Army from a heavy threat to the United States as a flea they can spend money there. The same

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.085 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14525 goes for Sudan. These are countries eracy rate is 95 percent. The life ex- to promote high speed rail. Amtrak that pose far greater threats to Amer- pectancy is about the same as in our would be authorized to invest this ican interests than Cuba. country, even though the health sys- money solely for upgrading existing Our policy is hypocritical, incon- tem is very basic and focused on pre- lines to high speed rail, constructing sistent, and contrary to our values as a ventive care. new high speed rail lines, purchasing nation that believes in the free flow of The point is that while there are ob- high speed rail equipment, eliminating people and ideas. It is impossible for viously parts of the Cuban economy or improving grade crossings, and for anyone to make a rational argument that we would prefer not to support—as capital upgrades to existing high speed that America should be able to travel there is in North Korea, China, or rail corridors. freely to North Korea, or Iran, but not Sudan, or in any country whose gov- Let there be no mistake, this country to Cuba. It can’t be done. ernment we disagree with, much of the needs to develop a comprehensive na- We have been stuck with this absurd Cuban Government’s budget benefits tional transportation policy for the policy for years, even though virtually ordinary Cubans. So when opponents of 21st Century. So far, Congress has everyone knows, and says privately, this legislation argue that we cannot failed to address this vital issue. What that it makes absolutely no sense and allow Americans to travel to Cuba be- we have is an ad hoc, disjointed policy is beneath the dignity of a great coun- cause the money they spend there that focuses on roads and air to the try. would prop up Castro, remember what detriment of rail. We need to look at It not only helps strengthen Fidel they are not saying: those same dollars all of these modes of transportation to Castro’s grip on Cuba, it hands a hug also help the Cuban people. alleviate congestion and delays on the advantage to our European competi- It is also worth saying that as much ground and in the sky and to move peo- tors who are building relationships and as we want to see a democratic Cuba, ple across this country efficiently. establishing a base for future invest- President Castro’s grip on power is not Failing to do this will hamper eco- ment in a post-Castro Cuba. When that going to be weakened by keeping nomic growth and harm the environ- will happen is anybody’s guess. Presi- Americans from traveling to Cuba. His- ment. dent Castro is no democrat, and he is tory has proven that. He has been there Despite rail’s proven safety, effi- not going to become one. But it is time for forty years, and as far as anyone ciency and reliability in Europe and we pursued a policy that is in our na- can tell he is not going anywhere. Japan, and also in the Northeast cor- tional interest. Mr. President, it is about time we in- ridor here in the U.S., passenger rail is Let me be clear. This legislation does jected some maturity into our rela- severely underfunded. We need to in- not, I repeat does not, lift the U.S. em- tions with Cuba. Let’s have a little clude rail into the transportation mix. bargo. It is narrowly worded so it does more faith in the power of our ideas. We need more transportation choices not do that. It only permits travelers Let’s have the courage to admit that and this bill helps to provide them. to carry their personal belongings. We the cold war is over. Let’s get the In the Northeast corridor, Amtrak is are not opening a floodgate for United State Department out of the business well on its way to implementing high States imports to Cuba. The amendment limits what Ameri- of telling our wives, our children, and speed rail service. The high speed Acela cans can bring home from Cuba to the our constituents where they can travel service should start running from in current level for government officials and spend their own money—in a coun- January. This will be extremely helpful and other exempt categories, which is try that the Pentagon say poses no se- in my home state of Massachusetts, $100. curity threat to us. where airport and highway congestion It reaffirms the President’s authority This legislation will not end the em- often reach frustrating levels. The to prohibit travel in times of war, bargo, but it will do far more to win more miles that are traveled on Am- armed hostilities, or if there is immi- the hearts and minds of the Cuban peo- trak, the fewer trips taken on crowded nent danger to the health or safety of ple than the outdated approach of highways and skyways. Americans. those who continue to defend the sta- But new service in the Northeast cor- Those who want to prevent Ameri- tus quo. ridor is only the beginning. We need to cans from traveling to Cuba, who op- f establish rail as a primary mode of pose this legislation, will argue that transportation along with air and high- HIGH SPEED RAIL INVESTMENT ways. This bill well help us achieve spending United States dollars there ACT helps prop up the Castro Government. that goal across the country and I am To some extent that is true. The gov- Mr. KERRY. Mr. President, let me proud to be an original cosponsor of ernment does run the economy. It also begin by congratulating Senator LAU- such an important piece of legislation. runs the schools and hospitals, main- TENBERG for developing this important f piece of legislation that recognizes the tains roads, and, like the United States THE TERROR OF GUN VIOLENCE Government, is responsible for the importance of rail in our overall trans- whole range of social services that ben- portation system as we approach the Mr. LEVIN. Mr. President, the call to efit ordinary Cubans. Any money that 21st Century. end gun violence has become all too goes into the Cuban economy supports I am proud to be an original cospon- commonplace during this session of those programs. sor of the High Speed Rail Investment Congress. It seems as if each day, an- But there is also an informal econ- Act, which will provide Amtrak with other one of us comes to the floor to omy in Cuba, because no one but the much needed resources to pay for high express our outrage. Last week, it was elite can survive on their meager gov- speed rail corridors across the country. about workplace violence in Honolulu ernment salary. So the income from This legislation is crucial for the coun- and Seattle—a total of nine dead. In tourism also fuels that informal sector, try, and for my home state of Massa- September it was a church shooting in and it goes in to the pockets of ordi- chusetts, and I am hopeful we can Texas—a total of seven dead. In Au- nary Cubans. move it quickly through Congress. gust, gun shots were fired in a Jewish It is also worth pointing out that This bill will give Amtrak the au- Community Center in Los Angeles— while the average Cuban cannot sur- thority to sell $10 billion in bonds over five injured, and moments later, a fed- vive on his or her government salary, the next ten years to finance high eral worker was gunned down on the you do not see the kind of abject pov- speed rail. Instead of interest pay- street. In July, another workplace erty in Cuba that is so common else- ments, the federal government would shooting—again nine people killed, this where in Latin America. In Brazil, or provide tax credits to bondholders. Am- time in Atlanta. The list goes on and Panama, or Mexico, or Peru, there are trak would repay the principle on the on, including one shooting none of us children searching through garbage in bonds after 10 years, however, the pay- can forget—15 dead in Littleton. the streets for scraps of food, next to ments would come primarily from re- Each month, we watch these trage- gleaming high rise hotels with Mer- quired state matching funds. I know dies unfold—we witness Americans run- cedes limousines lined up outside. many states will gladly participate in ning and screaming for their lives, tod- In Cuba, almost everyone is poor. But this matching program, as their gov- dlers being led hand-in-hand out of they have access to the basics. The lit- ernors and state legislatures are eager danger, even bloody teenagers dangling

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.088 pfrm02 PsN: S10PT2 S14526 CONGRESSIONAL RECORD — SENATE November 10, 1999 from windows. And as the helicopters from the President of the United On July 28, 1998, in Executive Order and SWAT-teams come to more and States submitting a treaty and sundry 13094, I amended section 4 of Executive more of our neighborhoods, we observe nominations which were referred to the Order 12938 so that the United States scenes that seem more suitable for a appropriate committees. Government could more effectively re- horror movie than the front page of our (The nominations received today spond to the worldwide threat of weap- were printed at the end of the Senate local papers. ons of mass destruction proliferation And, still, each month, we react in proceedings.) f activities. The amendment of section 4 the same way. We express outrage, we strengthens Executive Order 12938 in condemn killers, we call for sensible CONTINUATION OF THE EMER- several significant ways. The amend- gun safety legislation, but we do not GENCY REGARDING WEAPONS OF ment broadens the type of proliferation MASS DESTRUCTION—MESSAGE act. Congress has done nothing this activity that can subject entities to po- year to control these mass-shootings or FROM THE PRESIDENT—PM 73 tential penalties under the Executive in any way, ease the agony that par- The PRESIDING OFFICER laid be- order. The original Executive order ents and families feel each day when fore the Senate the following message provided for penalties for contributions they send their loved ones to school, from the President of the United to the efforts of any foreign country, church, or work. States, together with an accompanying Mr. President, as Congress prepares report; which was referred to the Com- project or entity to use, acquire, de- to adjourn for the year, I send out this mittee on Banking, Housing, and sign, produce, or stockpile chemical or reminder: Americans have lost the Urban Affairs. biological weapons; the amended Exec- sense of safety that they once felt in utive order also covers contributions to To the Congress of the United States: foreign programs for nuclear weapons their schools and neighborhoods. They On November 14, 1994, in light of the are frightened that the next breaking dangers of the proliferation of nuclear, and for missiles capable of delivering news story will be filmed on main biological, and chemical weapons weapons of mass destruction. More- street, rather than as a ‘‘nightmare on (‘‘weapons of mass destruction’’— over, the amendment expands the elm street’’. It is up to Congress to end WMD) and of the means of delivering original Executive order to include at- gun violence and the all too familiar such weapons, I issued Executive Order tempts to continue to foreign prolifera- terror in the lives of ordinary Ameri- 12938, and declared a national emer- tion activities, as well as actual con- cans. gency under the International Emer- tributions, and broadens the range of f gency Economic Powers Act (50 U.S.C. potential penalties to expressly include ROLLCALL NO. 361 1701 et seq.). Under section 202(d) of the the prohibition of U.S. Government as- National Emergencies Act (50 U.S.C. sistance to foreign persons, and the Mr. KYL. Mr. President, I inadvert- 1622(d)), the national emergency termi- prohibition of imports into the United ently missed rollcall No. 361 regarding nates on the anniversary date of its the nomination of Carol Moseley- States and U.S. Government procure- declaration unless, within the 90-day ment. In sum, the amendment gives Braun. Had I been present, I would period prior to each anniversary date, I the United States Government greater have voted ‘‘aye.’’ publish in the Federal Register and f transmit to the Congress a notice stat- flexibility and discretion in deciding how and to what extent to impose THE VERY BAD DEBT BOXSCORE ing that such emergency is to continue in effect. The proliferation of weapons measures against foreign persons that Mr. HELMS. Mr. President, at the of mass destruction and their means of assist proliferation programs. close of business yesterday, Tuesday, delivery continues to pose an unusual NUCLEAR WEAPONS November 9, 1999, the Federal debt and extraordinary threat to the na- stood at $5,659,600,009,349.26 (Five tril- tional security, foreign policy, and In May 1998, India and Pakistan each lion, six hundred fifty-nine billion, six economy of the United States. I am, conducted a series of nuclear tests. hundred million, nine thousand, three therefore, advising the Congress that World reaction included nearly uni- hundred forty-nine dollars and twenty- the national emergency declared on versal condemnation across a broad six cents). November 14, 1994, and extended on No- range of international fora and multi- One year ago, November 9, 1998, the vember 14, 1995, November 12, 1996, No- lateral support for a broad range of Federal debt stood at $5,556,815,000,000 vember 13, 1997, and November 12, 1998, sanctions, including new restrictions (Five trillion, five hundred fifty-six bil- must continue in effect beyond Novem- on lending by international financial lion, eight hundred fifteen million). ber 14, 1999. Accordingly, I have ex- institutions unrelated to basic human Five years ago, November 9, 1994, the tended the national emergency de- needs and on aid from the G–8 and Federal debt stood at $4,720,919,000,000 clared in Executive Order 12938, as other countries. (Four trillion, seven hundred twenty amended. billion, nine hundred nineteen million). The following report is made pursu- Since the mandatory imposition of Ten years ago, November 9, 1989, the ant to section 204(a) of the Inter- U.S. statutory sanctions, we have Federal debt stood at $2,893,041,000,000 national Emergency Economic Powers worked unilaterally, with other P–5 (Two trillion, eight hundred ninety- Act (50 U.S.C. 1703(c)) and section 401(c) and G–8 members, and through the three billion, forty-one million). of the National Emergencies Act (50 United Nations, to dissuade India and Fifteen years ago, November 9, 1984, U.S.C. 1641(c)), regarding activities Pakistan from taking further steps to- the Federal debt stood at taken and money spent pursuant to the ward developing nuclear weapons. We $1,613,716,000,000 (One trillion, six hun- emergency declaration. Additional in- have urged them to join multilateral dred thirteen billion, seven hundred formation on nuclear, missile, and/or arms control efforts and to conform to sixteen million) which reflects a debt chemical and biological weapons (CBW) the standards of nonproliferation re- increase of more than $4 trillion— nonproliferation efforts is contained in gimes, to prevent a regional arms race $4,045,884,009,349.26 (Four trillion, forty- the most recent annual Report on the and build confidence by practicing re- five billion, eight hundred eighty-four Proliferation of Missiles and Essential straint, and to resume efforts to re- million, nine thousand, three hundred Components of Nuclear, Biological and solve their differences through dia- forty-nine dollars and twenty-six Chemical Weapons, provided to the logue. The P–5, G–8, and U.N. Security cents) during the past 15 years. Congress pursuant to section 1097 of Council have called on India and Paki- f the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Pub- stan to take a broad range of concrete MESSAGES FROM THE PRESIDENT lic Law 102–190), also known as the actions. The United States has focused Messages from the President of the ‘‘Nonproliferation Report,’’ and the most intensely on several objectives United States were communicated to most recent annual report provided to that can be met over the short and me- the Senate by Mr. Williams, one of his the Congress pursuant to section 308 of dium term: an end to nuclear testing secretaries. the Chemical and Biological Weapons and prompt, unconditional ratification EXECUTIVE MESSAGES REFERRED Control and Warfare Elimination Act of the Comprehensive Nuclear Test-Ban As in executive session the Presiding of 1991 (Public Law 102–182), also known Treaty (CTBT); engagement in produc- Officer laid before the Senate messages as the ‘‘CBW Report.’’ tive negotiations on a fissile material

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.066 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14527 cut-off treaty (FMCT) and, pending graphite-moderated reactors and re- threat and to build a safer world. For their conclusion, a moratorium on pro- processing plant at Yongbyon and these reasons, we hope that at an ap- duction of fissile material for nuclear Taechon. The United States has raised propriate time, the Senate will recon- weapons and other nuclear explosive its concerns with the DPRK about a sider this treaty in a manner that will devices; restraint in development and suspect underground site under con- ensure a fair and thorough hearing deployment of nuclear-capable missiles struction, possibly intended to support process and will allow for more and aircraft; and adoption of controls nuclear activities contrary to the thoughtful debate. meeting international standards on ex- Agreed Framework. In March 1999, the With 35 member states, the Nuclear ports of sensitive materials and tech- United States reached agreement with Suppliers Group (NSG) is a widely ac- nology. the DPRK for visits by a team of U.S. cepted, mature, and effective export- Against this backdrop of inter- experts to the facility. In May 1999, a control arrangement. At its May 1999 national pressure on India and Paki- Department of State team visited the Plenary and related meetings in Flor- stan, high-level U.S. dialogues with In- underground facility at Kumchang-ni. ence, Italy, the NSG considered new dian and Pakistani officials have yield- The team was permitted to conduct all members (although none were accepted ed little progress. In September 1998, activities previously agreed to help re- at that meeting), reviewed efforts to Indian and Pakistani leaders had ex- move suspicions about the site. Based enhance transparency, and pursued ef- pressed a willingness to sign the CTBT. on the data gathered by the U.S. dele- forts to streamline procedures and up- Both governments, having already de- gation and the subsequent technical re- date control lists. The NSG created an clared testing moratoria, had indicated view, the United States has concluded Implementation Working Group, they were prepared to sign the CTBT that, at present, the underground site chaired by the UK, to consider changes by September 1999 under certain condi- does not violate the 1994 U.S.–DPRK to the guidelines, membership issues, tions. These declarations were made Agreed Framework. the relationship with the NPT Export- prior to the collapse of Prime Minister The Agreed Framework requires the ers (Zangger) Committee, and controls Vajpayee’s Indian government in April DPRK to come into full compliance on brokering. The Transparency Work- 1999, a development that has delayed with its NPT and IAEA obligations as a ing Group was tasked with preparing a consideration of CTBT signature in part of a process that also includes the report on NSG activities for presen- India. The Indian election, the Kargil supply of two light water reactors to tation at the 2000 NPT Review Con- conflict, and the October political coup North Korea. United States experts reference by the Italian chair. The in Pakistan have further complicated main on-site in North Korea working French will host the Plenary and as- the issue, although neither country has to complete clean-up operations after sume the NSG Chair in 2000 and the renounced its commitment. Pakistan largely finishing the canning of spent United States will host and chair in 2001. has said that it will not sign the Trea- fuel from the North’s 5-megawatt nu- ty until India does. Additionally, Paki- The NSG is currently considering clear reactor. membership requests from Turkey and stan’s Foreign Minister stated publicly The Nuclear Non-Proliferation Trea- Belarus. Turkey’s membership is pend- on September 12, 1999, that Pakistan ty (NPT) is the cornerstone on the ing only agreement by Russia to join would not consider signing the CTBT global nuclear nonproliferation regime. the intercessional consensus of all until sanctions are removed. In May 1999, NPT Parties met in New other NSG members. The United States India and Pakistan both withdrew York to complete preparations for the believes it would be appropriate to con- their opposition to negotiations on an 2000 NPT Review Conference. The firm intercessional consensus in sup- FMCT in Geneva at the end of the 1998 United States is working with others port of Turkey’s membership before Conference on Disarmament session. to ensure that the 2000 NPT Review considering other candidates. Belarus However, these negotiations were un- Conference is a success that reaffirms has been in consultation with the NSG able to resume in 1999 and we have no the NPT as a strong and viable part of Chair and other members including indications that India or Pakistan the global security system. Russia and the United States regarding played helpful ‘‘behind the scenes’’ The United States signed the Com- its interest in membership and the sta- roles. They also pledged to institute prehensive Nuclear-Test Ban Treaty on tus of its implementation of export strict controls that meet internation- September 24, 1996. So far, 154 countries controls to meet NSG Guideline stand- ally accepted standards on sensitive ex- have signed and 51 have ratified the ards. The United States will not block ports, and have begun expert discus- CTBT. During 1999, CTBT signatories intercessional consensus of NSG mem- sions with the United States and others conducted numerous meetings of the bers in support of NSG membership for on this subject. In addition, India and Preparatory Commission (PrepCom) in Belarus, provided that consensus for Pakistan resumed their bilateral dia- Vienna, seeking to promote rapid com- Turkey’s membership precedes it. Cy- logue on outstanding disputes, includ- pletion of the International Monitoring prus and Kazakhstan have also ex- ing Kashmir, at the Foreign Secretary System (IMS) established by the Trea- pressed interest in membership and are level. The Kargil conflict this summer ty. In October 1999, a conference was in consultation with the NSG Chair complicated efforts to continue this bi- held pursuant to Article XIV of the and other members regarding the sta- lateral dialogue, although both sides CTBT, to discuss ways to accelerate tus of their export control systems. have expressed interest in resuming the entry into force of the Treaty. The China is the only major nuclear sup- the discussions at some future point. United States attended that conference plier that is not a member of the NSG, We will continue discussions with both as an observer. primarily because it has not accepted governments at the senior and expert On September 22, 1997, I transmitted the NSG policy of requiring full-scope levels, and our diplomatic efforts in the CTBT to the Senate, requesting safeguards as a condition for supply of concert with the P–5, G–8, and in inter- prompt advice and consent to ratifica- nuclear trigger list items to non- national fora. Efforts may be further tion. I deeply regret the Senate’s deci- nuclear weapon states. However, China complicated by India’s release in Au- sion on October 13, 1999, to refuse its has taken major steps toward harmoni- gust 1999 of a draft of its nuclear doc- consent to ratify the CTBT. The CTBT zation of its export control system trine, which, although its timing may will serve several U.S. national secu- with the NSG Guidelines by the imple- have been politically motivated, sug- rity interests by prohibiting all nu- mentation of controls over nuclear-re- gests that India intends to make nuclear explosions. It will constrain the lated dual-use equipment and tech- clear weapons an integral part of the development and qualitative improve- nology. national defense. ment of nuclear weapons; end the de- During the last 6 months, we re- The Democratic People’s Republic of velopment of advanced new types of viewed intelligence and other reports Korea (DPRK or North Korea) con- weapons; contribute to the prevention of trade in nuclear-related material tinues to maintain a freeze on its nu- of nuclear proliferation and the process and technology that might be relevant clear facilities consistent with the 1994 of nuclear disarmament; and strength- to nuclear-related sanctions provisions U.S.–DPRK Agreed Framework, which en international peace and security. in the Iran-Iraq Arms Non-Prolifera- calls for the immediate freezing and The CTBT marks a historic milestone tion Act of 1992, as amended; the Ex- eventual dismantling of the DPRK’s in our drive to reduce the nuclear port-Import Bank Act of 1945,

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.098 pfrm02 PsN: S10PT2 S14528 CONGRESSIONAL RECORD — SENATE November 10, 1999 as amended; and the Nuclear Prolifera- The Chemical Weapons Convention gime. The United States attended the tion Prevention Act of 1994. No statu- Implementation Act of 1998 was en- most recent annual AG Plenary Ses- tory sanctions determinations were acted into U.S. law in October 1998, as sion from October 4–8, 1999, during reached during this reporting period. part of the Omnibus Consolidated and which the Group reaffirmed the mem- The administrative measures imposed Emergency Supplemental Appropria- bers’ continued collective belief in the against ten Russian entities for their tion Act for Fiscal Year 1999 (Public Group’s viability, importance, and nuclear- and/or missile-related co- Law 105–277). My Administration pub- compatibility with the CWC and BWC. operation with Iran remain in effect. lished an Executive order on June 25, Members continue to agree that full CHEMICAL AND BIOLOGICAL WEAPONS 1999, to facilitate implementation of adherence to the CWC and BWC by all The export control regulations issued the Act and is working to publish regu- governments will be the only way to under the Enhanced Proliferation Con- lations regarding industrial declara- achieve a permanent global ban on trol Initiative (EPCI) remain fully in tions and inspections of industrial fa- chemical and biological weapons, and force and continue to be applied by the cilities. Submission of these declara- that all states adhering to these Con- Department of Commerce, in consultations to the OPCW, and subsequent in- ventions must take steps to ensure tion with other agencies, in order to spections, will enable the United that their national activities support control the export of items with poten- States to be fully complaint with the these goals. At the 1999 Plenary, the tial use in chemical or biological weap- CWC. United States noncompliance to Group continued to focus on strength- ons or unmanned delivery systems for date has, among other things, under- ening AG export controls and sharing weapons of mass destruction. mined U.S. leadership in the organiza- information to address the threat of Chemical weapons (CW) continue to tion as well as our ability to encourage CBW terrorism. The AG also reaffirmed pose a very serious threat to our secu- other States Parties to make complete, its commitment to continue its active rity and that of our allies. On April 29, accurate, and timely declarations. outreach program of briefings for non- 1997, the Convention on the Prohibition Countries that refuse to join the CWC AG countries, and to promote regional of the Development, Production, will be politically isolated and prohib- consultations on export controls and Stockpiling and Use of Chemical Weap- ited by the CWC from trading with non-proliferation to further awareness ons and on Their Destruction (the States Parties in certain key chemi- and understanding of national policies Chemical Weapons Convention or CWC) cals. The relevant treaty provisions are in these areas. The AG discussed ways entered into force with 87 of the CWC’s specifically designed to penalize coun- to be more proactive in stemming at- 165 States Signatories as original tries that refuse to join the rest of the tacks on the AG in the CWC and BWC States Parties. The United States was world in eliminating the threat of contexts. among their number, having ratified chemical weapons. During the last 6 months, we contin- the CWC on April 25, 1997. Russia rati- The United States also continues to ued to examine closely intelligence and fied the CWC on November 5, 1997, and play a leading role in the international other reports of trade in CBW-related became a State Party on December 8, effort to reduce the threat from bio- material and technology that might be 1997. To date, 126 countries (including logical weapons (BW). We participate China, Iran, India, Pakistan, and relevant to sanctions provisions under actively in the Ad Hoc Group (AHG) of Ukraine) have become States Parties. the Chemical and Biological Weapons The implementing body for the States Parties striving to complete a Controls and Warfare Elimination Act CWC—the Organization for the Prohibi- legally binding protocol to strengthen of 1991. No new sanctions determination of Chemical Weapons (OPCW)— and enhance compliance with the 1972 tions were reached during this report- was established at entry-into-force Convention on the Prohibition of the ing period. The United States also con- (EIF) of the Convention on April 29, Development, Production and Stock- tinues to cooperate with its AG part- 1997. The OPCW, located in The Hague, piling of Bacteriological (Biological) ners and other countries in stopping has primary responsibility (along with and Toxin Weapons and on Their De- shipments of proliferation concern. States Parties) for implementing the struction (the Biological Weapons Con- MISSILES FOR DELIVERY OF WEAPONS OF MASS CWC. It consists of the Conference of vention or BWC). This Ad Hoc Group DESTRUCTION the States Parties, the Executive was mandated by the September 1994 The United States continues care- Council (EC), and the Technical Secre- BWC Special Conference. The Fourth fully to control exports that could con- tariat (TS). The TS carries out the BWC Review Conference, held in No- tribute to unmanned delivery systems verification provisions of the CWC, and vember/December 1996, urged the AHG for weapons of mass destruction, and presently has a staff of approximately to complete the protocol as soon as closely to monitor activities of poten- 500, including about 200 inspectors possible but not later than the next Re- tial missile proliferation concern. We trained and equipped to inspect mili- view Conference to be held in 2001. also continued to implement U.S. mis- tary and industrial facilities through- Work is progressing on a draft rolling sile sanctions laws. In March 1999, we out the world. To date, the OPCW has text through insertion of national imposed missile sanctions against conducted over 500 routine inspections views and clarification of existing text. three Middle Eastern entities for trans- in some 29 countries. No challenge in- Five AHG negotiating sessions were fers involving Category II Missile spections have yet taken place. To scheduled for 1999. The United States is Technology Control Regime (MTCR) date, nearly 170 inspections have been working toward completion of the sub- Annex items. Category I missile sanc- conducted at military facilities in the stance of a strong Protocol next year. tions imposed in April 1998 against United States. The OPCW maintains a On January 27, 1998, during the State North Korean and Pakistani entities permanent inspector presence at oper- of the Union address, I announced that for the transfer from North Korea to ational U.S. CW destruction facilities the United States would take a leading Pakistan of equipment and technology in Utah and Johnston Island. role in the effort to erect stronger related to the Ghauri missile remain in The United States is determined to international barriers against the pro- effect. seek full implementation of the con- liferation and use of BW by strength- During this reporting period, MTCR crete measures in the CWC designed to ening the BWC with a new inter- Partners continued to share informa- raise the costs and risks for any state national system to detect and deter tion about proliferation problems with or terrorist attempting to engage in cheating. The United States is working each other and with other potential chemical weapons-related activities. closely with U.S. industry representa- supplier, consumer, and transshipment The CWC’s declaration requirements tives to obtain technical input relevant states. Partners also emphasized the improve our knowledge of possible to the development of U.S. negotiating need for implementing effective export chemical weapons activities. Its in- positions and then to reach inter- control systems. This cooperation has spection provisions provide for access national agreement on data declara- resulted in the interdiction of missile- to declared and undeclared facilities tions and on-site investigations. related materials intended for use in and locations, thus making clandestine The United States continues to be a missile programs of concern. chemical weapons production and leading participant in the 30-member In June the United States partici- stockpiling more difficult, more risky, Australia Group (AG) chemical and bi- pated in the MTCR’s Reinforced Point and more expensive. ological weapons nonproliferation re- of Contact Meeting (RPOC). At the

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.099 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14529 RPOC, MTCR Partners held in-depth In March 1999, the United States and proliferation concern to certain des- discussions of regional missile pro- the DPRK held a fourth round of mis- tinations, rather than broad embargoes liferation concerns, focusing in par- sile talks to underscore our strong op- or economic sanctions that also affect ticular on Iran, North Korea, and position to North Korea’s destabilizing trade.) As noted in this report, how- South Asia. They also discussed steps missile development and export activi- ever, export controls are only one of a Partners can take to further increase ties and press for tight constraints on number of tools the United States uses outreach to nonmembers. The Partners DPRK missile development, testing, to achieve its nonproliferation objec- agreed to continue their discussion of and exports. We also affirmed that the tives. Global nonproliferation norms, this important topic at the October United States viewed further launches informal multilateral nonproliferation 1999 Noordwijk MTCR Plenary. of long-range missiles and transfers of regimes, interdicting shipments of pro- Also in June, the United States par- long-range missiles or technology for liferation concern, sanctions, export ticipated in a German-hosted MTCR such missiles as direct threats to U.S. control assistance, redirection and workshop at which Partners and non- allies and ultimately to the United elimination efforts, and robust U.S. Partners discussed ways to address the States itself. We subsequently have re- military, intelligence, and diplomatic proliferation potential inherent in in- iterated that message at every avail- capabilities all work in conjunction tangible technology transfers. The able opportunity. In particular, we with export controls as part of our seminar helped participants to develop have reminded the DPRK of the con- overall nonproliferation strategy. a greater understanding of the intan- sequences of another rocket launch and Export controls are a critical part of gible technology issue (i.e., how encouraged it not to take such action. nonproliferation because every proliferators misuse the internet, sci- We also have urged the DPRK to take proliferant WMD/missile program seeks entific conferences, plant visits, stu- steps towards building a constructive equipment and technology from other dent exchange programs, and higher bilateral relationship with the United countries. Proliferators look overseas education to acquire sensitive tech- States. because needed items are unavailable nology), and to begin to identify steps These efforts have resulted in an im- elsewhere, because indigenously pro- governments can take to address this portant first step. Since September duced items are of insufficient quality problem. 1999, it has been our understanding or quantity, and/or because imported In July 1999, the Partners completed that the DPRK will refrain from test- items can be obtained more quickly a reformatting of the MTCR Annex. ing long-range missiles of any kind and cheaply than producing them at The newly reformatted Annex is in- during our discussions to improve rela- home. It is important to note that tended to improve clarity and uni- tions. In recognition of this DPRK proliferators seek for their programs formity of implementation of MTCR step, the United States has announced both items on multilateral lists (like controls while maintaining the cov- the easing of certain sanctions related gyroscopes controlled on the MTCR erage of the previous version of the to the import and export of many con- Annex and nerve gas ingredients on the MTCR Annex. sumer goods. Australia Group list) and unlisted The MTCR held its Fourteenth Ple- In response to reports of continuing items (like lower-level machine tools nary Meeting in Noordwijk, The Neth- Iranian efforts to acquire sensitive and very basic chemicals). In addition, erlands, on October 11–15. At the Ple- items from Russian entities for use in many of the items of interest to nary, the Partners shared information Iran’s missile and nuclear development proliferators are inherently dual-use. about activities of missile proliferation programs, the United States continued For example, key ingredients and tech- concern worldwide. They focussed in its high-level dialogue with Russia nologies used in the production of fer- particular on the threat to inter- aimed at finding ways the United tilizers and pesticides also can be used national security and stability posed States and Russia can work together to to make chemical weapons; vaccine by missile proliferation in key regions cut off the flow of sensitive goods to production technology (albeit not the and considered what practical steps Iran’s ballistic missile development vaccines themselves) can assist in the they could take, individually and col- program. During this reporting period, production of biological weapons. lectively, to address ongoing missile- Russia’s government created institu- The most obvious value of export related activities of concern. During tional foundations to implement a controls is in impeding or even denying their discussions, Partners gave special newly enacted nonproliferation policy proliferators access to key pieces of attention to DPRK missile activities and passed laws to punish wrongdoers. equipment or technology for use in and also discussed the threat posed by It also passed new export control legis- their WMD/missile programs. In large missile-related activities in South and lation to tighten government control part, U.S. national export controls— North East Asia and the Middle East. over sensitive technologies and began and similar controls of our partners in During this reporting period, the working with the United States to the Australia Group, Missile Tech- United States continued to work uni- strengthen export control practices at nology Control Regime, and Nuclear laterally and in coordination with its Russian aerospace firms. However, de- Suppliers Group—have denied MTCR Partners to combat missile pro- spite the Russian government’s non- proliferators access to the largest liferation and to encourage nonmem- proliferation and export control ef- sources of the best equipment and tech- bers to export responsibly and to ad- forts, some Russian entities continued nology. Proliferators have mostly been here to the MTCR Guidelines. To en- to cooperate with Iran’s ballistic mis- forced to seek less capable items from courage international focus on missile sile program and to engage in nuclear nonregime suppliers. Moreover, in proliferation issues, the USG also cooperation with Iran beyond the many instances, U.S. and regime con- placed the issue on the agenda for the Bushehr reactor project. The adminis- trols and associated efforts have forced G8 Cologne Summit, resulting in an trative measures imposed on ten Rus- proliferators to engage in complex undertaking to examine further indi- sian entities for their missile- and nu- clandestine procurements even from vidual and collective means of address- clear-related cooperation with Iran re- nonmember suppliers, taking time and ing this problem and reaffirming com- main in effect. money away from proliferant pro- mitment to the objectives of the VALUE OF NONPROLIFERATION EXPORT grams. MTCR. Since my last report, we con- CONTROLS United States national export continued our missile nonproliferation United States national export controls and those of our regime partners dialogues with China (interrupted after trols—both those implemented pursu- also have played an important leader- the accidental bombing of China’s Bel- ant to multilateral nonproliferation re- ship role, increasing over time the crit- grade Embassy), India, the Republic of gimes and those implemented unilater- ical mass of countries applying non- Korea (ROK), North Korea (DPRK), and ally—play an important part in imped- proliferation export controls. For ex- Pakistan. In the course of normal dip- ing the proliferation of WMD and mis- ample, none of the following progress lomatic relations we also have pursued siles. (As used here, ‘‘export controls’’ would have been possible without the such discussions with other countries refer to requirements for case-by-case leadership shown by U.S. willingness to in Central Europe, South Asia, and the review of certain exports, or limita- be the first to apply controls: the Middle East. tions on exports of particular items of seven-member MTCR of 1987 has grown

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.100 pfrm02 PsN: S10PT2 S14530 CONGRESSIONAL RECORD — SENATE November 10, 1999 to 32 member countries; several non- curity cooperation programs. Congres- United States Constitution, and the docu- member countries have been persuaded sional support for this initiative would ment-sized, annotated version of the United to apply export controls consistent enable the engagement of a broad States Constitution. with one or more of the regimes unilat- range of programs under the Depart- H. Con. Res. 223. Concurrent resolution expressing the sense of the Congress regarding erally; and most of the members of the ments of State, Energy, and Defense. Freedom Day. nonproliferation regimes have applied EXPENSES The message further announced that national ‘‘catch-all’’ controls similar Pursuant to section 401(c) of the Na- to those under the U.S. Enhanced Pro- the House has passed the following bill, tional Emergencies Act (50 U.S.C. with an amendment, in which it re- liferation Control Initiative. (Export 1641(c)), I report that there were no controls normally are tied to a specific quests the concurrence of the Senate: specific expenses directly attributable S. 335. An act to amend chapter 30 of title list of items, such as the MTCR Annex. to the exercise of authorities conferred ‘‘Catch-all’’ controls provide a legal 39, United States Code, to provide for the by the declaration of the national nonmailability of certain deceptive matter basis to control exports of items not on emergency in Executive Order 12938, as relating to games of chance, administrative a list, when those items are destined amended, during the period from May procedures, orders, and civil penalties relat- for WMD/missile programs.) 15, 1999, through November 10, 1999. ing to such matter, and for other purposes. United States export controls, espe- WILLIAM J. CLINTON. ENROLLED BILLS AND JOINT RESOLUTION cially ‘‘catch-all’’ controls, also make THE WHITE HOUSE, November 10, 1999. SIGNED important political and moral con- f At 10:50 a.m. a message from the tributions to the nonproliferation ef- House of Representatives, delivered by fort. They uphold the broad legal obli- MESSAGES FROM THE HOUSE Mr. Berry, one of its reading clerks, an- gations the United States has under- At 10:01 a.m., a message from the nounced that the Speaker has signed taken in the Nuclear Nonproliferation House of Representatives, delivered by the following enrolled bills: Treaty (Article I), Biological Weapons Ms. Niland, one of its reading clerks, H.R. 348. An act to authorize the construc- Convention (Article III), and Chemical announced that the House has passed tion of a monument to honor those who have Weapons Convention (Article I) not to the following joint resolution, in which served the Nation’s civil defense and emer- assist anyone in proscribed WMD ac- it requests the concurrence of the Sen- gency management programs. tivities. They endeavor to assure there H.R. 3061. An act to amend the Immigra- ate: are no U.S. ‘‘fingerprints’’ on WMD and tion and Nationality Act to extend for an ad- missiles that threaten U.S. citizens and H.J. Res. 78. Joint resolution making fur- ditional 2 years the period for admission of territory and our friends and interests ther continuing appropriations for the fiscal an alien as a nonimmigrant under section year 2000, and for other purposes. overseas. They place the United States 101(a)(15)(S) of such Act, and to authorize ap- The message also announced that the propriations for the refugee assistance pro- squarely and unambiguously against gram under chapter 2 of title IV of the Immi- WMD/missile proliferation, even House has agreed to the report of the committee of conference on the dis- gration and Nationality Act. against the prospect of inadvertent H.R. 915. An act to authorize a cost of liv- proliferation from the United States agreeing votes of the two Houses on ing adjustment in the pay of administrative itself. the amendment of the Senate to the law judges. Finally, export controls play an im- bill (H.R. 1554) to amend the provisions portant role in enabling and enhancing of title 17, United States Code, and the At 12:38 p.m., a message from the legitimate trade. They provide a means Communications Act of 1934, relating House of Representatives, delivered by to permit dual-use export to proceed to copyright licensing and carriage of Ms. Niland, one of its reading clerks, under circumstances where, without broadcast signals by satellite. announced that the Speaker has signed export control scrutiny, the only pru- the following enrolled joint resolution: dent course would be to prohibit them. At 11:45 a.m., a message from the H.J. Res. 76. Joint resolution waiving cer- They help build confidence between House of Representatives, delivered by tain enrollment requirements for the re- countries applying similar controls Mr. Berry, one of its reading clerks, an- mainder of the first session of the One Hun- nounced that the House has passed the dred Sixth Congress with respect to any bill that, in turn, results in increased or joint resolution making general appro- trade. Each of the WMD nonprolifera- following bills, in which it requests the concurrence of the Senate: priations or continuing appropriations for tion regimes, for example, has a ‘‘no fiscal year 2000. undercut’’ policy committing each H.R. 1444. An act to authorize the Sec- member not to make an export that retary of the Army to develop and imple- At 4:38 p.m., a message from the ment projects for fish screens, fish passage House of Representatives, delivered by another has denied for nonproliferation devices, and other similar measures to miti- reasons and notified to the rest—unless gate adverse impacts associated with irriga- Ms. Niland, one of its reading clerks, it first consults with the original deny- tion system water diversions by local gov- announced that the Speaker has signed ing country. Not only does this policy ernmental entities in the States of Oregon, the following enrolled joint resolution: make it more difficult for proliferators Washington, Montana, and Idaho. H.J. Res. 78. Joint resolution making fur- to get items from regime members, it H.R. 1714. An act to facilitate the use of ther continuing appropriations for the fiscal establishes a ‘‘level playing field’’ for electronic records and signatures in inter- year 2000, and for other purposes. exporters. state or foreign commerce. The enrolled bills and joint resolu- H.R. 2879. An act to provide for the place- THREAT REDUCTION ment at the Lincoln Memorial of a plaque tions were signed subsequently by the The potential for proliferation of commemorating the speech of Martin Luther President pro tempore (Mr. THUR- WMD and delivery system expertise King, Jr., known as the ‘‘I have A Dream’’ MOND). has increased in part as a consequence speech. f of the economic crisis in Russia and H.R. 3090. An act to amend the Alaska Na- EXECUTIVE AND OTHER other Newly Independent States, caus- tive Claims Settlement Act to restore cer- COMMUNICATIONS ing concern. My Administration gives tain lands to the Elim Native Corporation, high priority to controlling the human and for other purposes. The following communications were dimension of proliferation through pro- The message also announced that the laid before the Senate, together with grams that support the transition of House has agreed to the following con- accompanying papers, reports, and doc- former Soviet weapons scientists to ci- current resolutions, in which it re- uments, which were referred as indi- vilian research and technology devel- quests the concurrence of the Senate: cated: opment activities. I have proposed an H. Con. Res. 205. Concurrent resolution rec- EC–6124. A communication from the Assist- additional $4.5 billion for programs em- ognizing and honoring the heroic efforts of ant Secretary, Legislative Affairs, Depart- bodied in the Expanded Threat Reduc- the Air National Guard’s 109th Airlift Wing ment of State, transmitting, pursuant to the tion Initiative that would support ac- and its rescue of Dr. Jerri Nielsen from the Arms Export Control Act, a report relative South Pole. to certification of a proposed license for the tivities in four areas: nuclear security; H. Con. Res. 221. Concurrent resolution au- export of major defense equipment sold nonnuclear WMD; science and tech- thorizing printing of the brochures entitled under a contract in the amount of $50,000,000 nology nonproliferation; and military ‘‘How Our Laws Are Made’’ and ‘‘Our Amer- or more to Australia; to the Committee on relocation, stabilization and other se- ican Government’’, the pocket version of the Foreign Relations.

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.102 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14531 EC–6125. A communication from the Assist- tion of Air Quality Implementation Plans; to the Committee on Environment and Pub- ant Secretary, Legislative Affairs, Depart- Rhode Island; Amendments to Air Pollution lic Works. ment of State, transmitting, pursuant to the Control Regulation Number 9; Correction’’ EC–6143. A communication from the Sec- Arms Export Control Act, a report relative (FRL #6471–6), received November 4, 1999; to retary of Agriculture, transmitting, a draft to certification of a proposed license for the the Committee on Environment and Public of proposed legislation relative to meat and export of defense articles or defense services Works. poultry inspection; to the Committee on Ag- sold commercially under a contract in the EC–6135. A communication from the Direc- riculture, Nutrition, and Forestry. amount of $50,000,000 or more to Mexico; to tor, Office of Regulatory Management and EC–6144. A communication from the Direc- the Committee on Foreign Relations. Information, Office of Policy, Planning and tor, Office of Regulatory Management and EC–6126. A communication from the Assist- Evaluation, Environmental Protection Agen- Information, Office of Policy, Planning and ant Secretary, Legislative Affairs, Depart- cy, transmitting, pursuant to law, the report Evaluation, Environmental Protection Agen- ment of State, transmitting, pursuant to the of a rule entitled ‘‘Approval and Promulga- cy, transmitting, pursuant to law, the report Arms Export Control Act, a report relative tion of Implementation Plans; Texas; Revi- of a rule entitled ‘‘Zincphosphide; Extension to certification of a proposed Manufacturing sions to Consumer Products Rules’’ (FRL of Tolerance for Emergency Exemptions’’ License Agreement with Turkey; to the #6471–8), received November 4, 1999; to the (FRL #6389–9), received November 8, 1999; to Committee on Foreign Relations. Committee on Environment and Public the Committee on Agriculture, Nutrition, EC–6127. A communication from the Chief, Works. and Forestry. Regulations Unit, Internal Revenue Service, EC–6136. A communication from the Direc- EC–6145. A communication from the Direc- Department of the Treasury, transmitting, tor, Office of Regulatory Management and tor, Office of Regulatory Management and pursuant to law, the report of a rule entitled Information, Office of Policy, Planning and Information, Office of Policy, Planning and ‘‘Procedures for Netting Interest’’ (Rev. Evaluation, Environmental Protection Agen- Evaluation, Environmental Protection Agen- Proc. 99–437), received November 8, 1999; to cy, transmitting, pursuant to law, the report cy, transmitting, pursuant to law, the report the Committee on Finance. of a rule entitled ‘‘Removal of the Approval of a rule entitled ‘‘Glufosinate Ammonium; EC–6128. A communication from the Dep- and Promulgation of Air Quality Implemen- Pesticide Tolerance’’ (FRL #6391–5), received uty Secretary, Division of Investment Man- tation Plans; Connecticut; National Low November 1, 1999; to the Committee on Agri- agement, Securities and Exchange Commis- Emission Vehicle Program ‘‘ (FRL #6471–7), culture, Nutrition, and Forestry. EC–6146. A communication from the Asso- sion, transmitting, pursuant to law, the re- received November 4, 1999; to the Committee ciate Administrator, Agricultural Marketing port of a rule entitled ‘‘Delivery of on Environment and Public Works. Prospectuses to Investors at the Same Ad- EC–6137. A communication from the Direc- Service, Fruit and Vegetable Programs, De- partment of Agriculture, transmitting, pur- dress; Information to be Furnished to Secu- tor, Office of Regulatory Management and suant to law, the report of a rule entitled rity Holders; Annual Report to be Furnished Information, Office of Policy, Planning and ‘‘Almonds Grown in California: Salable and Security Holders; Providing Copies of Mate- Evaluation, Environmental Protection Agen- Reserve Percentages for the 1999–2000 Crop rial for Certain Beneficial Owners; Reports cy, transmitting, pursuant to law, the report Year’’ (FV–99–981–3 FR), received November to Stockholders of Management Companies; of a rule entitled ‘‘Approval and Promulga- 3, 1999; to the Committee on Agriculture, Nu- Reports to Shareholders of Unit Investment tion of Implementation Plans; Oklahoma; trition, and Forestry. Visibility Protection’’ (FRL #6470–4), re- Trusts’’ (RIN3235–AG98), received November EC–6147. A communication from the Asso- ceived November 2, 1999; to the Committee 8, 1999; to the Committee on Banking, Hous- ciate Administrator, Agricultural Marketing ing, and Urban Affairs. on Environment and Public Works. Service, Fruit and Vegetable Programs, De- EC–6129. A communication from the Direc- EC–6138. A communication from the Direc- partment of Agriculture, transmitting, pur- tor, Office of Surface Mining, Department of tor, Office of Regulatory Management and suant to law, the report of a rule entitled the Interior, transmitting, pursuant to law, Information, Office of Policy, Planning and ‘‘Almonds Grown in California: Revisions to Evaluation, Environmental Protection Agen- the report of a rule entitled ‘‘West Virginia Requirements Regarding Credit for Pro- cy, transmitting, pursuant to law, the report Regulatory Program’’ (SPATS No. WV–074– motion and Advertising Activities’’ (FV–99– of a rule entitled ‘‘Approval and Promulga- FOR), received November 8, 1999; to the Com- 981–4 FR), received November 3, 1999; to the tion of Implementation Plans; Tennessee: mittee on Energy and Natural Resources. Committee on Agriculture, Nutrition, and EC–6130. A communication from the Direc- Approval of Revisions to Knox County Por- Forestry. tor, Office of Surface Mining, Department of tion of Tennessee Implementation Plan’’ EC–6148. A communication from the Asso- the Interior, transmitting, pursuant to law, (FRL #6469–4), received November 2, 1999; to ciate Administrator, Agricultural Marketing the report of a rule entitled ‘‘West Virginia the Committee on Environment and Public Service, Fruit and Vegetable Programs, De- Regulatory Program’’ (SPATS No. WV–081– Works. partment of Agriculture, transmitting, pur- FOR), received November 8, 1999; to the Com- EC–6139. A communication from the Direc- suant to law, the report of a rule entitled mittee on Energy and Natural Resources. tor, Office of Regulatory Management and ‘‘Tart Cherries Grown in the States of Michi- EC–6131. A communication from the Direc- Information, Office of Policy, Planning and gan, et al.; Decrease Assessment Rate’’ (FV– tor, Office of Congressional Affairs, Nuclear Evaluation, Environmental Protection Agen- 99–930–3 FR), received November 3, 1999; to Regulatory Commission, transmitting, pur- cy, transmitting, pursuant to law, the report the Committee on Agriculture, Nutrition, suant to law, the report of a rule entitled of a rule entitled ‘‘Approval and Promulga- and Forestry. ‘‘Revised NRC Enforcement Policy’’, re- tion of Implementation Plans; Arizona State EC–6149. A communication from the Asso- ceived November 3, 1999; to the Committee Implementation Plan Revision, Maricopa ciate Administrator, Agricultural Marketing on Environment and Public Works. County’’ (FRL #6468–6), received November 2, Service, Fruit and Vegetable Programs, De- EC–6132. A communication from the Direc- 1999; to the Committee on Environment and partment of Agriculture, transmitting, pur- tor, Office of Regulatory Management and Public Works. suant to law, the report of a rule entitled Information, Office of Policy, Planning and EC–6140. A communication from the Direc- ‘‘Walnuts Grown in California: Reporting Evaluation, Environmental Protection Agen- tor, Office of Regulatory Management and Walnuts Grown Outside of the United States cy, transmitting, pursuant to law, the report Information, Office of Policy, Planning and and Received by California Handlers’’ (FV– of a rule entitled ‘‘Approval and Promulga- Evaluation, Environmental Protection Agen- 99–984–2 FR), received November 3, 1999; to tion of State Plans for Designated Facilities cy, transmitting, pursuant to law, the report the Committee on Agriculture, Nutrition, and Pollutants; Control of Emissions from of a rule entitled ‘‘Approval and Promulga- and Forestry. Hospital/Medical/Infectious Waste Inciner- tion of Implementation Plans; California EC–6150. A communication from the Asso- ators (HMIWI); State of Nebraska’’ (FRL State Implementation Plan Revision, South ciate Administrator, Agricultural Marketing #6473–8), received November 8, 1999; to the Coast Air Quality Management District’’ Service, Fruit and Vegetable Programs, De- Committee on Environment and Public (FRL #6470–6), received November 2, 1999; to partment of Agriculture, transmitting, pur- Works. the Committee on Environment and Public suant to law, the report of a rule entitled EC–6133. A communication from the Direc- Works. ‘‘Tomatoes Grown in Florida: Decrease As- tor, Office of Regulatory Management and EC–6141. A communication from the Direc- sessment Rate’’ (FV–99–966–1 FR), received Information, Office of Policy, Planning and tor, Office of Regulatory Management and November 3, 1999; to the Committee on Agri- Evaluation, Environmental Protection Agen- Information, Office of Policy, Planning and culture, Nutrition, and Forestry. cy, transmitting, pursuant to law, the report Evaluation, Environmental Protection Agen- EC–6151. A communication from the Asso- of a rule entitled ‘‘Approval and Promulga- cy, transmitting, a report entitled ‘‘State ciate Administrator, Agricultural Marketing tion of Revisions to the Georgia State Imple- Implementation Plans; Policy Regarding Ex- Service, Fruit and Vegetable Programs, De- mentation Plan’’ (FRL #6473–1), received No- cess Emissions During Malfunctions, Start- partment of Agriculture, transmitting, pur- vember 8, 1999; to the Committee on Environ- up, and Shutdown’’; to the Committee on En- suant to law, the report of a rule entitled ment and Public Works. vironment and Public Works. ‘‘Oranges, Grapefruit, Tangerines, and EC–6134. A communication from the Direc- EC–6142. A communication from the Direc- Tangeloes Grown in Florida and Imported tor, Office of Regulatory Management and tor, Office of Regulatory Management and Grapefruit; Relaxation of the Minimum Size Information, Office of Policy, Planning and Information, Office of Policy, Planning and Requirement for Seedless Grapefruit’’ (FV– Evaluation, Environmental Protection Agen- Evaluation, Environmental Protection Agen- 99–905–6 FR), received November 3, 1999; to cy, transmitting, pursuant to law, the report cy, transmitting, a report entitled ‘‘1999 PCB the Committee on Agriculture, Nutrition, of a rule entitled ‘‘Approval and Promulga- Questions and Answers Manual (Part 2 of 3)’’; and Forestry.

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.103 pfrm02 PsN: S10PT2 S14532 CONGRESSIONAL RECORD — SENATE November 10, 1999 EC–6152. A communication from the Acting Antony M. Merck, of South Carolina, to be By Mr. BINGAMAN (for himself, Mr. Executive Director, Commodity Futures a Federal Maritime Commissioner for the ALLARD, and Mr. CRAIG): Trading Commission, transmitting, pursuant term expiring June 30, 2001. S. 1906. A bill to amend Public Law 104-307 to law, the report of a rule entitled ‘‘Order (The above nominations were re- to extend the expiration date of the author- Granting the London Clearing House’s Peti- ported with the recommendation that ity to sell certain aircraft for use in wildfire tion for an Exemption Pursuant to Section they be confirmed, subject to the nomi- suppression, and for other purposes; to the 4(c) of the Commodity Exchange Act’’, re- Committee on Armed Services. nees’ commitment to respond to received November 2, 1999; to the Committee By Mr. DODD (for himself and Mr. KEN- on Agriculture, Nutrition, and Forestry. quests to appear and testify before any NEDY) (by request): EC–6153. A communication from the Acting duly constituted committee of the Sen- S. 1907. A bill to prohibit employment dis- Executive Director, Commodity Futures ate.) crimination against parents and those with Trading Commission, transmitting, pursuant f parental responsibilities, and for other pur- to law, the report of a rule entitled ‘‘Foreign poses; to the Committee on Health, Edu- Futures and Options Transactions’’, received INTRODUCTION OF BILLS AND cation, Labor, and Pensions. November 2, 1999; to the Committee on Agri- JOINT RESOLUTIONS By Mr. DODD: culture, Nutrition, and Forestry. The following bills and joint resolu- S. 1908. A bill to protect students from EC–6154. A communication from the Con- tions were introduced, read the first commercial exploitation; to the Committee gressional Review Coordinator, Regulatory and second time by unanimous con- on Health, Education, Labor, and Pensions. Analysis and Development, Policy and Pro- By Mr. TORRICELLI: gram Development, Animal and Health In- sent, and referred as indicated: S. 1909. A bill to provide for the prepara- spection Service, Department of Agriculture, By Mr. CAMPBELL: tion of a Governmental report detailing in- transmitting, pursuant to law, the report of S. 1899. A bill to redesignate the Federal justices suffered by Italian Americans during a rule entitled ‘‘Imported Fire Ant; Quar- Emergency Management Agency as the World War II, and a formal acknowledge- antined Areas and Treatment Dosage’’ ‘‘Federal Fire and Emergency Management ment of such injustices by the President; to (Docket #98–078–1), received November 3, Agency’’, and to amend the Federal Fire Pre- the Committee on the Judiciary. 1999; to the Committee on Agriculture, Nu- vention and Control Act of 1974 to authorize By Mr. MOYNIHAN (for himself and trition, and Forestry. the Director of the Federal Fire and Emer- Mr. SCHUMER): EC–6155. A communication from the Con- gency Management Agency to make grants S. 1910. A bill to amend the Act estab- gressional Review Coordinator, Regulatory to local fire departments for the purpose of lishing Women’s Rights National Historical Analysis and Development, Policy and Pro- protecting the public and firefighting per- Park to permit the Secretary of the Interior gram Development, Animal and Health In- sonnel against fire and fire-related hazards; to acquire title in fee simple to the Hunt spection Service, Department of Agriculture, to the Committee on Environment and Pub- House located in Waterloo, New York; to the transmitting, pursuant to law, the report of lic Works. Committee on Energy and Natural Re- a rule entitled ‘‘Citrus Canker Regulations’’ By Mr. LAUTENBERG (for himself, sources. (Docket #99–080–1), received November 3, Mr. JEFFORDS, Mr. MOYNIHAN, Mr. By Mr. BREAUX (for himself, Ms. 1999; to the Committee on Agriculture, Nu- CLELAND, Mr. KERRY, Mr. BIDEN, Mrs. SNOWE, Mr. HOLLINGS, Mr. SHELBY, trition, and Forestry. BOXER, Mr. KOHL, Mr. SPECTER, Mr. Mr. KERRY, Mr. SESSIONS, and Ms. EC–6156. A communication from the Dep- ROBB, Mr. LEAHY, Mr. DEWINE, Mr. LANDRIEU): uty Under Secretary, Natural Resources and SARBANES, Mr. TORRICELLI, Mr. L. S. 1911. A bill to conserve Atlantic highly Environment, Forest Service, Department of CHAFEE, Mr. GRAHAM, Mr. KENNEDY, migratory species of fish, and for other pur- Agriculture, transmitting, pursuant to law, Ms. MIKULSKI, Ms. SNOWE, Mr. SCHU- poses; to the Committee on Commerce, the report of a rule entitled ‘‘Administra- MER, Mr. LEVIN, and Mrs. HUTCHISON): Science, and Transportation. tion: Cooperative Funding’’ (RIN0596–AB63), S. 1900. A bill to amend the Internal Rev- By Mr. FRIST (for himself, Mr. enue Code of 1986 to allow a credit to holders received November 3, 1999; to the Committee MCCAIN, and Mr. BINGAMAN): on Agriculture, Nutrition, and Forestry. of qualified bonds issued by Amtrak, and for S. 1912. A bill to facilitate the growth of EC–6157. A communication from the Acting other purposes; to the Committee on Fi- electronic commerce and enable the elec- Administrator, Farm Service Agency, Farm nance. tronic commerce market to continue its cur- and Foreign Agricultural Services, Depart- By Mr. KOHL (for himself and Mr. rent growth rate and realize its full poten- ment of Agriculture, transmitting, pursuant TORRICELLI): tial, to signal strong support of the elec- S. 1901. A bill to establish the Privacy Pro- to law, the report of a rule entitled ‘‘Stream- tronic commerce market by promoting its tection Study commission to evaluate the ef- lining of Regulations for Real Estate and use within Federal government agencies and ficacy of the Freedom of Information Act Chattel Appraisals’’ (RIN0560–AF69), received small and medium-sized businesses, and for and the Electronic Freedom of Information November 3, 1999; to the Committee on Agri- other purposes; to the Committee on Com- Act Amendments of 1996, to determine culture, Nutrition, and Forestry. merce, Science, and Transportation. whether new laws are necessary, and to pro- EC–6158. A communication from the Acting By Mr. LOTT (for Mr. MCCAIN (for him- vide advice and recommendations; to the Administrator, Farm Service Agency, Farm self and Mr. KYL)): Committee on the Judiciary. and Foreign Agricultural Services, Depart- S. 1913. A bill to amend the Act entitled ment of Agriculture, transmitting, pursuant By Mrs. FEINSTEIN: S. 1902. A bill to require disclosure under ‘‘An act relating to the water rights of the to law, the report of a rule entitled ‘‘1999 Ak-Chin Indian Community’’ to clarify cer- Livestock Indemnity Program; 1998 Single- the Freedom of Information Act regarding certain persons and records of the Japanese tain provisions concerning the leasing of Year and Multi-Year Crop Loss Disaster As- such water rights, and for other purposes; to sistance Program’’ (RIN0560–AF82), received Imperial Army in a manner that does not impair any investigation or prosecution con- the Committee on Indian Affairs. November 3, 1999; to the Committee on Agri- By Mr. MACK (for himself and Mrs. culture, Nutrition, and Forestry. ducted by the Department of Justice or certain intelligence matters, and for other pur- HUTCHISON): f poses; to the Committee on the Judiciary. S. 1914. A bill to amend the Internal Rev- REPORTS OF COMMITTEES By Mr. SHELBY (for himself and Mr. enue Code of 1986 to provide for the creation BRYAN): of disaster protection funds by property and The following reports of committees S. 1903. A bill to amend the privacy provi- casualty insurance companies for the pay- were submitted: sions of the Gramm-Leach-Bliley Act; to the ment of policyholders’ claims arising from By Mr. HATCH, from the Committee on Committee on Banking, Housing, and Urban future catastrophic events; to the Com- the Judiciary, without amendment and with Affairs. mittee on Finance. a preamble: By Mr. THOMAS (for himself and Mr. By Mr. JEFFORDS (for himself, Mr. S. Res. 216. A resolution designating the ENZI): CRAPO, Mr. MURKOWSKI, Mr. SCHU- Month of November 1999 as ‘‘National Amer- S. 1904. A bill to amend the Internal Rev- MER, Mr. HARKIN, Mr. BRYAN, Mr. ican Indian Heritage Month.’’ enue Code of 1986 to provide for an election BURNS, and Mr. REID): f for special tax treatment of certain S cor- S. 1915. A bill to enhance the services pro- poration conversions; to the Committee on vided by the Environmental Protection EXECUTIVE REPORTS OF Finance. Agency to small communities that are at- COMMITTEE By Mr. SANTORUM (for himself, Mr. tempting to comply with national, State, DODD, Mr. TORRICELLI, Mr. and local environmental regulations; to the The following executive reports of LIEBERMAN, Mr. SCHUMER, and Mr. Committee on Environment and Public committees were submitted: LAUTENBERG): Works. By Mr. MCCAIN for the Committee on S. 1905. A bill to establish a program to By Mr. LOTT (for Mr. MCCAIN): Commerce, Science, and Transportation: provide for a reduction in the incidence and S. 1916. A bill to extend certain expiring Joseph E. Brennan, of Maine, to be a Fed- prevalence of Lyme disease; to the Com- Federal Aviation Administration authoriza- eral Maritime Commissioner for the term ex- mittee on Health, Education, Labor, and tions for a 6-month period, and for other pur- piring June 30, 2003. Pensions. poses; considered and passed.

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.106 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14533 By Mr. FEINGOLD: The ‘‘Firefighter Investment and Re- unanimous consent that the bill be S. 1917. A bill to abolish the death penalty sponse Enhancement (FIRE) Act of printed in the RECORD. under Federal law; to the Committee on the 1999’’ would authorize the newly-named There being no objection, the bill was Judiciary. Federal Fire and Emergency Manage- By Mrs. BOXER: ordered to be printed in the RECORD, as S. 1918. A bill to waive the 24-month wait- ment Agency to make available match- follows: ing period for disabled individuals to qualify ing grants on a competitive basis to S. 1899 for medicare benefits in the case of individ- fire departments for the purpose of pro- uals suffering from terminal illness with not tecting the public and firefighting per- Be it enacted by the Senate and House of Rep- more than 2 years to live; to the Committee resentatives of the United States of America in sonnel against fire and fire-related haz- Congress assembled, on Finance. ards. This bill is a companion to H.R. By Mr. DODD (for himself and Mr. 1168, which was introduced by my col- SECTION 1. SHORT TITLE. LEAHY): league in the House of Representatives, This Act may be cited as the ‘‘Firefighter S. 1919. A bill to permit travel to or from Investment and Response Enhancement Cuba by United Staes citizens and lawful Congressman PASCRELL. (FIRE) Act’’. Mr. President, each year approxi- resident aliens of the United States; to the SEC. 2. FINDINGS. Committee on Foreign Relations. mately 100 of our nation’s firefighters Congress finds that— By Mr. LEVIN (for himself and Mr. pay the ultimate sacrifice to preserve (1) increased demands on firefighting per- SPECTER): the safety of our communities. In- sonnel have made it difficult for local gov- S. 1920. A bill to combat money laundering creased demands on firefighting per- ernments to adequately fund necessary fire and protect the United States financial sys- sonnel have made it difficult for local safety precautions; tem by addressing the vulnerabilities of pri- governments to prepare for necessary (2) the Federal Government has an obliga- vate banking to money laundering, and for tion to protect the health and safety of the other purposes; to the Committee on Bank- fire safety precautions. The fire loss in firefighting personnel of the United States ing, Housing, and Urban Affairs. the United States is serious, and the and to help ensure that the personnel have f fire death rate is one of the highest per capita in the industrialized world. Fire the financial resources to protect the public; SUBMISSION OF CONCURRENT AND kills more than 4,000 people and injures (3) the United States has serious fire SENATE RESOLUTIONS losses, including a fire death rate that is one more than 25,000 people each year. of the highest per capita in the industri- The following concurrent resolutions Today, 11 people will die due to fire. alized world; and Senate resolutions were read, and Two of these people are likely to be (4) in the United States, fire kills more referred (or acted upon), as indicated: children under the age of 5. Another 68 than 4,000 people and injures more than 25,000 By Mr. GRAHAM: people will be injured due to fire. Fi- people each year; S. Res. 231. A resolution referring S. 1456 nancially, the impact of America’s es- (5) in any single day in the United States, entitled ‘‘A bill for the relief of Rocco A. timated 2.2 million fires annually is on the average— Trecosta of Fort Lauderdale, Florida’’ to the over $9 billion in direct property losses. (A) 11 people will die because of fire; chief judge of the United States Court of Those numbers are staggering, and (B) 2 of those people are likely to be children under the age of 5; Federal Claims for a report thereon; to the many of these losses could have been Committee on the Judiciary. (C) 68 people will be injured because of fire; prevented. and By Mr. LOTT (for himself and Mr. The bill I introduce today would DASCHLE): (D) over $9,000,000,000 in property losses S. Res. 232. A resolution making changes to make grants available to train fire- will occur from fire; and Senate committees for the 106th Congress; fighter personnel in firefighting, emer- (6) those statistics demonstrate a critical considered and agreed to. gency response, arson prevention and need for Federal investment in support of By Mr. WELLSTONE: detection, and the handling of haz- firefighting personnel. S. Con. Res. 72. A concurrent resolution ex- ardous substances or pollutants or con- SEC. 3. REDESIGNATION OF FEDERAL EMER- pressing condemnation of the use of children taminants associated with the illegal GENCY MANAGEMENT AGENCY. as soldiers and the belief that the United manufacture of amphetamine or meth- (a) IN GENERAL.—The Federal Emergency States should support and, where possible, amphetamine. Management Agency is redesignated as the lead efforts to establish and enforce inter- ‘‘Federal Fire and Emergency Management national standards designed to end this This bill also creates partnerships by allowing for the effective use of the ca- Agency’’. abuse of human rights; to the Committee on (b) REFERENCES.—Any reference in a law, Foreign Relations. pabilities of the National Institute of map, regulation, document, paper, or other By Mr. LIEBERMAN: Standards and Technology, the Depart- record of the United States to the Federal S. Con. Res. 73. A concurrent resolution ex- ment of Commerce, and the Consumer Emergency Management Agency shall be pressing the sense of the Congress regarding Product Safety Commission for re- deemed to be a reference to the Federal Fire Freedom Day; to the Committee on the Judi- search and development aimed at ad- and Emergency Management Agency. ciary. vancing the health and safety of fire- (c) CONFORMING AMENDMENTS TO FEDERAL f fighters; information technologies for FIRE PREVENTION AND CONTROL ACT OF 1974.— STATEMENTS ON INTRODUCED fire management; technologies for fire Sections 4(4), 17, and 31(a)(5)(B) of the Fed- eral Fire Prevention and Control Act of 1974 BILLS AND JOINT RESOLUTIONS prevention and protection; firefighting technologies; and burn care and reha- (15 U.S.C. 2203(4), 2216, and 2227(a)(5)(B)) are By Mr. CAMPBELL: amended by striking ‘‘Federal Emergency bilitation. Management Agency’’ each place it appears S. 1899. A bill to redesignate the Fed- In addition, this legislation would en- eral Emergency Management Agency and inserting ‘‘Federal Fire and Emergency sure that grants would be made to a Management Agency’’. as the ‘‘Federal Fire and Emergency wide variety of fire departments, in- Management Agency,’’ and to amend SEC. 4. FIREFIGHTER INVESTMENT AND RE- cluding applicants from paid, volun- SPONSE ENHANCEMENT. the Federal Fire Prevention and Con- teer, and combination fire depart- trol Act to 1974 to authorize the Direc- The Federal Fire Prevention and Control ments, large and small, which are situ- Act of 1974 (15 U.S.C. 2201 et seq.) is amended tor of the Federal Fire and Emergency ated in urban, suburban and rural com- by adding at the end the following: Management Agency to make grants to munities. ‘‘SEC. 33. FIREFIGHTER INVESTMENT AND RE- local fire departments for the purpose Mr. President, despite the risks, 1.2 SPONSE ENHANCEMENT. of protecting the public and fire- million men and women firefighters ‘‘(a) DEFINITION OF FIREFIGHTING PER- fighting personnel against fire and fire- willingly put their lives on the line re- SONNEL.—In this section, the term ‘fire- related hazards; to the Committee on sponding to over 17 million calls, annu- fighting personnel’ means individuals, in- Environment and Public Works. ally. Our greatest challenge is to put cluding volunteers, who are firefighters, offi- THE FIREFIGHTER INVESTMENT AND RESPONSE limited resources to work where they cers of fire departments, or emergency medical service personnel of fire departments. ENHANCEMENT ACT OF 1999 will make the most difference in saving ‘‘(b) GRANT PROGRAM.— Mr. CAMPBELL. Mr. President, lives and reducing losses. today I am introducing legislation ‘‘(1) AUTHORITY.—In accordance with this I am pleased that the bill I introduce section, the Director may make grants on a which would better equip our nation’s today has been endorsed by the Colo- competitive basis to fire departments for the firefighters to fight the ever-increasing rado State Fire Chief’s Association. purpose of protecting the health and safety threat of property destruction and po- I urge my colleagues to join me in of the public and firefighting personnel tential loss of life. supporting this important bill. I ask against fire and fire-related hazards.

VerDate 29-OCT-99 23:55 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.112 pfrm02 PsN: S10PT2 S14534 CONGRESSIONAL RECORD — SENATE November 10, 1999 ‘‘(2) ESTABLISHMENT OF OFFICE FOR ADMINIS- only if the applicant for the grant agrees to investment in high-speed rail is an in- TRATION OF GRANTS.—Before making grants submit to the Director a report, including a vestment in less crowded highways and under paragraph (1), the Director shall estab- description of how grant funds were used, airports, cleaner air, and a new level of lish an office in the Federal Fire and Emer- with respect to each fiscal year for which a productivity for millions of Americans gency Management Agency that shall have grant was received. the duties of establishing specific criteria for ‘‘(8) VARIETY OF GRANT RECIPIENTS.—The whose jobs and lifestyles depend on ef- the selection of grant recipients, and admin- Director shall ensure that grants under para- ficient transportation. istering the grants, under this section. graph (1) for a fiscal year are made to a vari- Mr. President, I’m willing to bet that ‘‘(3) USE OF GRANT FUNDS.—The Director ety of fire departments, including, to the ex- every Member of this Senate has at may make a grant under paragraph (1) only tent that there are eligible applicants— least one recent memory of a plane if the applicant for the grant agrees to use ‘‘(A) paid, volunteer, and combination fire grant funds— departments; flight that went horribly wrong. Missed ‘‘(A)(i) to train firefighting personnel in ‘‘(B) fire departments located in commu- connections. Hours spent inside an firefighting, emergency response, arson pre- nities of varying sizes; and overheated plane stuck on the tarmac. vention and detection, or the handling of ‘‘(C) fire departments located in urban, Lost baggage. I know I’ve had plenty of hazardous materials, which shall include, at suburban, and rural communities. experiences like that. a minimum, the removal of any hazardous ‘‘(9) LIMITATION ON EXPENDITURES FOR FIRE- And even when everything goes ac- substance or pollutant or contaminant asso- FIGHTING VEHICLES.—The Director shall en- ciated with the illegal manufacture of am- sure that not more than 25 percent of the as- cording to plan, air travel is uncom- phetamine or methamphetamine; or sistance made available under paragraph (1) fortable at best. You almost have to ‘‘(ii) to train firefighter personnel to pro- for a fiscal year is used for the use described know yoga just to cram yourself into vide any of the training described in clause in paragraph (3)(G). one of those tiny seats. (i); ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Commuting by car isn’t any better. ‘‘(B) to make effective use of the capabili- ‘‘(1) IN GENERAL.—There are authorized to ties of the National Institute of Standards be appropriated to the Director such sums as Parts of Interstate 95 regularly turn and Technology, the Department of Com- are necessary to carry out this section. into parking lots during week-day rush merce, the Consumer Product Safety Com- ‘‘(2) LIMITATION ON ADMINISTRATIVE hours. And all this congestion can lead mission, and other public and private sector COSTS.—Of the amounts made available to truly life-threatening situations. entities, for research and development aimed under paragraph (1) for a fiscal year, the Di- Traffic accidents. Higher pollution lev- at advancing— rector may use not more than 10 percent for ‘‘(i) the health and safety of firefighters; els. Explosions of road rage that actu- the administrative costs of carrying out this ally lead people to pull guns on each ‘‘(ii) information technologies for fire man- section.’’. agement; other on the highway. ‘‘(iii) technologies for fire prevention and By Mr. LAUTENBERG (for him- Land and financial resources are protection; self, Mr. JEFFORDS, Mr. MOY- scarce and we need to make better use ‘‘(iv) firefighting technologies; and ‘‘(v) burn care and rehabilitation; NIHAN, Mr. CLELAND, Mr. of what we already have. Our rail lines ‘‘(C) to fund the creation of rapid interven- KERRY, Mr. BIDEN, Mrs. BOXER, are there, ready to help solve the over- tion teams to protect firefighting personnel Mr. KOHL, Mr. SPECTER, Mr. crowding problems that are making at the scenes of fires and other emergencies; ROBB, Mr. LEAHY, Mr. DEWINE, our other transportation options less ‘‘(D) to certify fire inspectors; Mr. SARBANES, Mr. TORRICELLI, and less appealing. But for the most ‘‘(E) to establish wellness and fitness pro- Mr. L. CHAFEE, Mr. GRAHAM, part, U.S. transportation policy has ig- grams for firefighting personnel to ensure Mr. KENNEDY, Ms. MIKULSKI, nored the potential of high-speed rail that the firefighting personnel can carry out Ms. SNOWE, Mr. SCHUMER, Mr. their duties; and our rail system has fallen far below ‘‘(F) to fund emergency medical services LEVIN, and Mrs. HUTCHISON): the standards set in nearly every other provided by fire departments; S. 1900. A bill to amend the Internal developed nation on the planet. Revenue Code of 1986 to allow a credit ‘‘(G) to acquire additional firefighting ve- My legislation seeks to change that to holders of qualified bonds issued by hicles, including fire trucks; by authorizing Amtrak to sell $10 bil- ‘‘(H) to acquire additional firefighting Amtrak, and for other purposes; to the lion in high-speed rail bonds over ten equipment, including equipment for commu- Committee on Finance. nications and monitoring; years to develop high-speed corridors HIGH-SPEED RAIL INVESTMENT ACT across the nation. This leveraging of ‘‘(I) to acquire personal protective equip- Mr. LAUTENBERG. Mr. President, ment required for firefighting personnel by private sector investment will allow overcrowding on our highways and in the Occupational Safety and Health Admin- Amtrak to complete the Northeast our skies is almost at the crisis point. istration, and other personal protective Corridor high-speed project and provide We’re spending billions of dollars each equipment for firefighting personnel; the funding needed to bring faster, bet- ‘‘(J) to modify fire stations, fire training year in wasted gas and wasted time be- ter service to federally designated facilities, and other facilities to protect the cause there are fewer and fewer ways high-speed corridors in other regions. health and safety of firefighting personnel; to get somewhere quickly and com- ‘‘(K) to enforce fire codes; fortably. These corridors cover states in the ‘‘(L) to fund fire prevention programs; or We’re not going to solve that prob- Northeast, the Southeast, the Midwest, ‘‘(M) to educate the public about arson pre- the Gulf Coast, and the Pacific Coast. vention and detection. lem by simply building new roads or Our aim is to take what we’ve learned ‘‘(4) APPLICATION.—The Director may make airports. People don’t want airports in a grant under paragraph (1) only if the fire their backyards, and there just isn’t in the Northeast and provide it to the department seeking the grant submits to the enough space in many parts of the rest of the nation. Director an application in such form and country for new roads. Besides, new The Federal Government would sub- containing such information as the Director airports and new roads cost billions. sidize these bonds by providing tax may require. And they become obsolete almost as credits to bondholders in lieu of inter- ‘‘(5) MATCHING REQUIREMENT.—The Director quickly as we build them. est payments. And state matching may make a grant under paragraph (1) only Instead of wasting money on ineffec- if the applicant for the grant agrees to funds would help to secure repayment match with an equal amount of non-Federal tive short-term solutions, we should be of the bond principal. investing in a transportation plan that funds 10 percent of the funds received under Mr. President, the money we don’t promises lasting benefits far into the paragraph (1) for any fiscal year. spend on high-speed rail today we will ‘‘(6) MAINTENANCE OF EXPENDITURES—The next century. Director may make a grant under paragraph High-speed rail is the future of trans- have to spend tomorrow—on things (1) only if the applicant for the grant agrees portation in this country. Train travel like highway construction and pollu- to maintain in the fiscal year for which the is comfortable, reliable, and it’s get- tion controls. grant will be received the applicant’s aggre- ting faster all the time. The rail lines Investing in high speed rail is not gate expenditures for the uses described in are already there. All we need to do is only good transportation policy, it is paragraph (3) at or above the average level of good land use policy. Constructing an such expenditures in the 2 fiscal years pre- bring them up to 21st-century stand- ceding the fiscal year for which the grant ards. airport or highway outside of city lim- will be received. The legislation I’m introducing today its promotes sprawl, robs cities of valu- ‘‘(7) REPORT TO THE DIRECTOR.—The Direc- would make a serious investment in able revenue, and increases the pres- tor may make a grant under paragraph (1) the future of high-speed rail. And an sure for even more road construction.

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.113 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14535 Rail travel, on the other hand, is down- This bill does not just benefit those about violations of privacy, Congress town-to-downtown, not suburb-to-sub- who ride trains. Everyone who drives a should not act by anecdote or on the urb. Rail transportation encourages ef- car on congested highways or suffers basis of a few bad actors. Indeed, enact- ficient, ‘‘smart growth’’ land use pat- from delays while using our overbur- ing ‘‘knee-jerk,’’ ‘‘quick-fix’’ legisla- terns, preserves downtown economies, dened aviation system will benefit tion could very well do more harm protects open space, and improves air from the rail investment called for in than good. By the same token, how- quality. this legislation. I can tell you, as a ever, self-regulation alone is unlikely Furthermore, passenger rail stations former businessman who helped run a to be the silver bullet that solves all serve as focal points for commercial very profitable company, that high- privacy concerns. By itself, we have no development, promoting downtown re- speed rail is a smart investment. And assurance that it will bring the actors development and generating increased it’s an investment that deserves sup- in line with adequate privacy protec- retail business and tax revenue. Mak- port from Congress. tion standards. ing efficient and cost-effective use of Because it is better to do it right—in existing infrastructures is an increas- By Mr. KOHL (for himself and terms of addressing the myriad of com- ingly important goal and one which Mr. TORRICELLI): plicated privacy concerns—than to do this legislation will help achieve. S. 1901. A bill to establish the Pri- it fast, perhaps what is needed is a Mr. President, high-speed rail is al- vacy Protection Study Commission to cooling off period. Such a ‘‘breather’’ ready proving itself. In 1999, Amtrak’s evaluate the efficacy of the Freedom of will ensure that our action is based on Metroliner train between Washington Information Act and the Electronic a comprehensive understanding of the and New York set its third consecutive Freedom of Information Act Amend- issues, rather than a ‘‘mishmash’’ of ridership record with over two million ments of 1996, to determine whether political pressures and clever passengers, and Amtrak reported the new laws are necessary, and to provide soundbites. highest total revenues in the corpora- advice and recommendations; to the For those reasons, and recognizing tion’s 28-year history. The reason is Committee on the Judiciary. that there are no quick and easy an- simple—people are becoming less and THE PRIVACY PROTECTION STUDY COMMISSION swers, I suggest that we step back to less satisfied with traveling by plane. ACT OF 1999 consider the issue of privacy more And more and more frustrated with Mr. KOHL. Mr. President, I rise thoughtfully. Let’s admit that neither gridlock on our highways. today to introduce the Privacy Protec- laws nor self-regulation alone may be You can see why. The summer of 1999 tion Study Commission Act of 1999 the solution. Let’s also concede that no was the most delay-plagued season in with my colleague Senator TORRICELLI. one is going to divine the right ap- history for airlines. And these delays This legislation addresses privacy pro- proach overnight. But given the time are expensive. In 1998, air traffic con- tection by creating an expert Commis- and resources, a ‘‘Privacy Protection trol delays cost the airlines and passion charged with the duty to explore Study Commission’’ composed of ex- sengers a combined $4.5 billion. privacy concerns. We cannot underesti- perts drawn from the fields of law, civil Unfortunately, this problem is only mate the importance of this issue. Pri- rights and liberties, privacy matters, going to get worse. The number of peo- vacy matters, and it will continue to business, or information technology, ple flying is increasing significantly. In matter more and more in this informa- may offer insights on how to address 1998 there were 643 million airplane tion age of high speed data, Internet and ensure balanced privacy protection boardings in the U.S., up 25 percent transactions, and lightning-quick tech- into the next millennium. from just five years ago. The Federal nological advances. The bill I am introducing today Aviation Administration estimates There exists a massive wealth of in- would do just that. The Commission that boardings will increase to 917 mil- formation in today’s world, which is in- would be comprised of nine bright lion by 2008. Our current aviation sys- creasingly stored electronically. In minds equally chosen by the Senate, tem can’t handle this demand. We need fact, experts estimate that the average the House, and the Administration. As a quality passenger rail system to re- American is ‘‘profiled’’ in up to 150 drafted, the Commission will be grant- lieve some of this pressure. commercial electronic databases. That ed the latitude to explore and fully ex- Passenger rail can make a difference, means that there is a great deal of amine the current complexities of pri- particularly between cities located on data—in some cases, very detailed and vacy protection. After 18 months, the high-speed corridors. I went back and personal—out there and easily acces- Commission will be required to report looked at the list of the 31 airports ex- sible courtesy of the Internet revolu- back to Congress with its findings and pected to experience more than 20,000 tion. With the click of a button it is proposals. If legislation is necessary, passenger hours of flight delays in 2007. possible to examine all sorts of per- the Commission will be in the best po- The vast majority of these airports— sonal information, be it an address, a sition to recommend a balanced course more than three out of four—are lo- criminal record, a credit history, a of action. And if lawmaking is not war- cated on a high-speed rail corridor. If shopping performance, or even a med- ranted, the Commission’s recognition the funding envisioned in this legisla- ical file. of that fact will help persuade a skep- tion were made available to develop Generally, the uses of this data are tical Congress and public. these corridors, we could take much of benign, even beneficial. Occasionally, This is not a brand new idea. Twenty- the burden of short flights off our avia- however, personal information is ob- five years ago, Congress created a Pri- tion system. That would allow airlines tained surreptitiously, and even ped- vacy Protection Commission to study to concentrate their limited slots and dled to third parties for profit or other privacy concerns as they related to resources on longer-distance flights. uses. This is especially troubling when, government uses of personal informa- Traffic congestion costs commuters in many cases, people do not even tion. That Commission’s findings were even more—an estimated $74 billion a know that their own personal informa- seminal. A quarter of a century later, year in lost productivity and wasted tion is being ‘‘shopped.’’ because so much has changed, it is fuel. These commuters, even the ones Two schools of thought exist on how time to re-examine this issue on a who continue to drive, will be well we should address these privacy con- much broader scale. The uses of per- served by an investment in high-speed cerns. There are some who insist that sonal information that concerned the rail corridors. Amtrak takes 18,000 cars we must do something and do it quick- Commission 25 years ago have exploded a day off the roads between Philadel- ly. Others urge us to rely entirely on today, especially in this era of e-com- phia and New York. Without Amtrak, ‘‘self-regulation’’—according to them merce, super databases, and mega- these congested roads would be in far most companies will act reasonably mergers. People are genuinely wor- worse shape. Commuters in other parts and, if not, consumers will demand pri- ried—perhaps they shouldn’t be—but of the country should be able to benefit vacy protection as a condition for their their concerns are real. from high-quality, fast rail service that continued business. For example, a Wall Street Journal takes cars off the road and helps to im- Both approaches have some merit, survey revealed that Americans today prove the performance of our overall but also some problems. For example, are more concerned about invasions of transportation system. even though horror stories abound their personal privacy than they are

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.124 pfrm02 PsN: S10PT2 S14536 CONGRESSIONAL RECORD — SENATE November 10, 1999 about world war. Another poll cited in people will find that the privacy they take is, however one difference between past and the Economist noted that 80 percent for granted today will be just as elusive as future. In the village, everybody knew every- are worried about what happens to in- the privacy of the 1970s now seems. Some body else’s business. In the future, nobody will know for certain who knows what about formation collected about them. Wil- will shrug and say: ‘‘Who cares? I have nothing to hide.’’ But many others will be dis- them. That will be uncomfortable. But the liam Afire summed it up best in a re- turbed by the idea that most of their behav- best advice may be: get used to it. cent New York Times essay: ‘‘We are iour leaves a permanent and easily traceable THE SURVEILLANCE SOCIETY dealing here with a political sleeper record. People will have to start assuming New information technology offers huge issue. People are getting wise to being that they simply have no privacy. This will benefits—higher productivity, better crime secretly examined and manipulated constitute one of the greatest social changes prevention, improved medical care, dazzling and it rubs them the wrong way.’’ of modern times. entertainment, more convenience. But it One final note: given that privacy is Privacy is doomed for the same reason comes at a price: less and less privacy not an easy issue and that it appears in that it has been eroded so fast over the past ‘‘The right to be left alone.’’ For many this two decades. Presented with the prospect of phrase, made famous by Louis Brandeis, an so many other contexts, I invite all in- its loss, many might prefer to eschew even American Supreme Court justice, captures terested parties to help us improve our the huge benefits that the new information the essence of a notoriously slippery, but legislation to create a Commission. We economy promises. But they will not, in crucial concept. Drawing the boundaries of need to forge a middle ground con- practice, be offered that choice. Instead, privacy has always been tricky. Most people sensus with our approach, and the door each benefit—safer streets, cheaper commu- have long accepted the need to provide some is open to all who share this goal. nications, more entertainment, better gov- information about themselves in order to ernment services, more convenient shopping, vote, work, shop, pursue a business, socialise Mr. President, I ask unanimous con- or even borrow a library book. But exer- sent that the previously cited material a wider selection of products—will seem worth the surrender of a bit more personal cising control over who knows what about be printed in the RECORD. information. Privacy is a residual value, you has also come to be seen as an essential There being no objection, the mate- hard to define or protect in the abstract. The feature of a civilised society. rial was ordered to be printed in the cumulative effect of these bargains—each at- Totalitarian excesses have made ‘‘Big Brother’’ one of the 20th century’s most RECORD as follows: tractive on their own—will be the end of pri- frightening bogeyman. Some right of pri- [From the Economist—May 1, 1999] vacy. For a similar reason, attempts to protect vacy, however qualified, has been a major HE ND OF RIVACY difference between democracies and dictator- T E P privacy through new laws will fail—as they ships. An explicit right to privacy is now en- Remember, they are always watching you. have done in the past. The European Union’s shrined in scores of national constitutions as Use cash when you can. Do not give your data protection directive, the most sweeping well as in international human-rights trea- phone number, social-security number or ad- recent attempt, gives individuals unprece- dress, unless you absolutely have to. Do not ties. Without the ‘‘right to be left alone,’’ to dented control over information about them- shut out on occasion the prying eyes and fill in questionnaires or respond to tele- selves. This could provide remedies against marketers. Demand that credit and importunities of both government and soci- the most egregious intrusions. But it is ety, other political and civil liberties seem datamarketing firms produce all information doubtful whether the law can be applied in fragile. Today most people in rich societies they have on you, correct errors and remove practice, if too many people try to use it. Al- assume that, provided they obey the law, you from marketing lists. Check your med- ready the Europeans are hinting that they they have a right to enjoy privacy whenever ical records often. If you suspect a govern- will not enforce the strict terms of the direc- it suits them. ment agency has a file on you, demand to see tive against America, which has less strin- They are wrong. Despite a raft of laws, it. Block caller ID on your phone, and keep gent protections. treaties and constitutional provisions, pri- your number unlisted. Never use electronic Policing the proliferating number of data- vacy has been eroded for decades. This trend tollbooths on roads. Never leave your mobile bases and the thriving trade in information is now likely to accelerate sharply. The phone on—your movements can be traced. would not only be costly in itself, it would cause is the same as that which alarmed Do not use store credit or discount cards. If also impose huge burdens on the economy. Brandeis when he first popularized his phrase you must use the Internet, encrypt your e- Moreover, such laws are based on a novel in an article in 1890; technological change. In mail, reject all ‘‘cookies’’ and never give concept: that individuals have a property his day it was the spread of photography and your real name when registering at websites. right in information about themselves. cheap printing that posed the most imme- Better still, use somebody else’s computer. Broadly enforced, such a property right diate threat to privacy. In our day it is the At work, assume that calls, voice mail, e- would be antithetical to an open society. It computer. The quantity of information that mail and computer use are all monitored. would pose a threat not only to commerce, is now available to governments and compa- This sounds like a paranoid ravings of the but also to a free press and to much political nies about individuals would have horrified Unabomber. In fact, it is advice being offered activity, to say nothing of everyday con- Brandeis. But the power to gather and dis- by the more zealous of today’s privacy cam- versation. seminate data electronically is growing so paigners. In an increasingly wired world, It is more likely that laws will be used not fast that it raises an even more unsettling people are continually creating information to obstruct the recording and collection of question: in 20 years’ time, will there be any about themselves that is recorded and often information, but to catch those who use it to privacy left to protect? sold or pooled with information from other do harm. Fortunately, the same technology Most privacy debates concern media intru- sources. The goal of privacy advocates is not that is destroying privacy also makes it easi- sion, which is also what bothered Brandeis. extreme. Anyone who took these precautions er to trap stalkers, detect fraud, prosecute And yet the greatest threat to privacy today would merely be seeking a level of privacy criminals and hold the government to ac- comes not from the media, whose antics af- available to all 20 years ago. And yet such count. The result could be less privacy, cer- fect few people, but from the mundane busi- behaviour now would seem obsessive and tainly—but also more security for the law- ness of recording and collecting an ever-ex- paranoid indeed. abiding. panding number of everyday transactions. That is a clue to how fast things have Whatever new legal remedies emerge, opt- Most people know that information is col- changed. To try to restore the privacy that ing out of information-gathering is bound to lected about them, but are not certain how was universal in the 1970s is to chase a chi- become ever harder and less attractive. If much. Many are puzzled or annoyed by unso- mera. Computer technology is developing so most urban streets are monitored by intel- licited junk mail coming through their let- rapidly that it is hard to predict how it will ligent video cameras that can identify crimi- ter boxes. And yet junk mail is just the visi- be applied. But some trends are unmistak- nals, who will want to live on a street with- ble tip of an information iceberg. The vol- able. The volume of data recorded about peo- out one? If most people carry their entire ume of personal data in both commercial and ple will continue to expand dramatically (see medical history on a plastic card that the government databases has grown by leaps pages 21-23). Disputes about privacy will be- emergency services come to rely on, a re- and bounds in recent years along with ad- come more bitter. Attempts to restrain the fusal to carry the card could be life-threat- vances in computer technology. The United surveillance society through new laws will ening. To get a foretaste of what is to come, States, perhaps the most computerized soci- intensify. Consumers will pay more for serv- try hiring a car or booking a room at a top ety in the world, is leading the way, but ices that offer a privacy pledge. And the hotel without a credit card. other countries are not far behind. Advances in computing are having a twin market for privacy-protection technology LEADERS will grow. effect. They are not only making it possible In a way, the future may be like the past, to collect information that once went large- Always observed when few except the rich enjoyed much pri- ly unrecorded, but are also making it rel- Yet there is a bold prediction: all these ef- vacy. To earlier generations, escaping the atively easy to store, analyze and retrieve forts to hold back the rising tide of elec- claustrophobic all-knowingness of a village this information in ways which, until quite tronic intrusion into privacy will fail. They for the relative anonymity of the city was recently, were impossible. may offer a brief respite for those deter- one of the more liberating aspects of modern Just consider the amount of information mined, whatever the trouble or cost, to pro- life. But the era of urban anonymity already already being collected as a matter of rou- tect themselves. But 20 years hence most looks like a mere historical interlude. There tine—any spending that involves a credit or

VerDate 29-OCT-99 00:30 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.126 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14537 bank debit card, most financial transactions, critics maintain that any software fix can be a right to sue for damages against intrusions telephone calls, all dealings with national or breached. In fact, a growing number of elec- of privacy. It spawned a burst of privacy local government. Supermarkets record tronic devices and software packages contain statutes in America and elsewhere. And yet every item being bought by customers who identifying numbers to help them interact privacy lawsuits hardly ever succeed, except use discount cards. Mobile-phone companies with each other. in France, and even there they are rare. are busy installing equipment that allows In February an outcry greeted news that Courts find it almost impossible to pin down them to track the location of anyone who image Data, a small New Hampshire firm, a precise enough legal definition of privacy. has a phone switched on. Electronic toll- had received finance and technical assist- America’s consumer-credit laws, passed in booths and traffic-monitoring systems can ance from the American Secret Service to the 1970s, give individuals the right to exam- record the movement of individual vehicles. build a national database of photographs ple their credit records and to demand cor- Pioneered in Britain, closed-circuit tv cam- used on drivers’ licenses. As a first step, the rections. The European Union has recently eras now scan increasingly large swathes of company had already bought the photo- gone a lot further. The EU Data Protection urban landscapes in other countries too. The graphs of more than 22m drivers from state directive, which came into force last Octo- trade in consumer information has hugely governments in South Carolina, Florida and ber, aims to give people control over their expanded in the past ten years. One single Colorado. Image Data insists that the data- data, requiring ‘‘unambiguous’’ consent before a company or agency can process it, and company, Acxiom Corporation in Conway, base, which would allow retailers or police barring the use of the data for any purpose Arkansas, has a database combining public across the country instantly to match a other than that for which it was originally and consumer information that covers 95% of name and photograph, is primarily designed collected. Each EU country, is pledged to ap- American households. Is there anyone left on to fight cheque and credit-card fraud. But in point a privacy commissioner to act on be- the planet who does not know that their use response to more than 14,000 e-mail complaints, all three state moved quickly to can- half of citizens whose rights have been vio- of the Internet is being recorded by some- lated. The directive also bars the export of cel the sale. body, somewhere? data to countries that do not have com- Firms are as interested in their employees It is always hard to predict the impact of new technology, but there are several devel- parably stringent protections. as in their customers. A 1997 survey by the Most EU countries have yet to pass the do- opments already on the horizon which, if the American Management Association of 900 mestic laws needs to implement the direc- recent past is anything to go by, are bound large companies found that nearly two- tive, so it is difficult to say how it will work thirds admitted to some form of electronic to be used for monitoring of one sort or an- in practice. But the Americans view it as surveillance of their own workers. Powerful other. The paraphernalia of snooping, wheth- Draconian, and a trade row has blown up new software makes it easy for bosses to er legal or not, is becoming both frighten- about the EU’s threat to stop data exports to monitor and record not only all telephone ingly sophisticated and easily affordable. Al- the United States. A compromise may be conversations, but every keystroke and e- ready, tiny microphones are capable of re- reached that enables American firms to fol- mail message as well. cording whispered conversations from across low voluntary guidelines; but that merely Information is power, so its hardly sur- the street. Conversations can even be mon- could create a big loophole. If, on the other prising that governments are as keen as itored from the normally imperceptible vi- hand, the EU insist on barring data exports, companies to use data-processing tech- brations of window glass. Some technologists not only might a trade war be started but nology. They do this for many entirely le- think that the tiny battlefield reconnais- also the development of electronic commerce gitimate reasons—tracking benefit claim- sance drones being developed by the Amer- in Europe could come screeching to a com- ants, delivering better health care, fighting ican armed forces will be easy to commer- plete halt, inflicting a huge cost on the EU’s crime, pursuing terrorists. But it inevitable cialize. Small video cameras the size of a economy. means more government surveillance. large wasp may some day be able to fly into In any case, it is far from clear what effect A controversial law passed in 1994 to aid a room, attach themselves to a wall or ceil- the new law will have even in Europe. More law enforcement requires telecoms firms oping and record everything that goes on there. products or services may have to be offered erating in America to install equipment that Overt monitoring is likely to grow as well. with the kind of legalistic bumf that is now allows the government to intercept and mon- Intelligent software systems are already able attached to computer software. But, as with itor all telephone and data communications, to scan and identify individuals from video software, most consumers are likely to sign although disputes between the firms and the images. Combined with the plummeting without reading it. The new law may give in- FBI have delayed its implementation. Intel- price and size of cameras, such software dividuals a valuable tool to fight against ligence agencies from America, Britain, Can- should eventually make video surveillance some of the worst abuses, rather on the pat- ada, Australia and New Zealand jointly mon- possible almost anywhere, at any time. tern of consumer-credit laws. But, also as itor all international satellite-telecommuni- Street criminals might then be observed and with those laws—and indeed, with govern- cations traffic via a system called ‘‘Echelon’’ traced with ease. ment freedom of information laws in gen- that can pick specific words or phrases from The burgeoning field of ‘‘biometrics’’ will eral—individuals will have to be determined hundreds of thousands of messages. make possible cheap and fool-proof systems and persistent to exercise their rights. Cor- America, Britain, Canada and Australia that can identify people from their voices, porate and government officials can often are also compiling national DNA databases eyeballs, thumbprints or any other measur- find ways to delay or evade individual re- of convicted criminals. Many other countries able part of their anatomy. That could mean quests for information. Policing the rising are considering following suit. The idea of doing away with today’s cumbersome array tide of data collection and trading is prob- DNA databases that cover entire populations of security passes, tickets and even credit ably beyond the capability of any govern- is still highly controversial, but those data- cards. Alternatively, pocket-sized ‘‘smart’ ment without a crackdown so massive that bases would be such a powerful tool for fight- cards might soon be able to store all of a per- it could stop the new information economy ing crime and disease that pressure for their son’s medical or credit history, among other in its tracks. creation seems inevitable. Iceland’s par- things, together with physical data needed Market solutions. The Americans gen- liament has agreed a plan to sell the DNA to verify his or her identity. erally prefer to rely on self-regulation and database of its population to a medical-re- In a few years’ time utilities might be able market pressures. Yet so far, self-regulation search firm, a move bitterly opposed by some to monitor the performance of home appli- has failed abysmally. A Federal Trade Com- on privacy grounds. ances, sending repairmen or replacements mission survey of 1,400 American Internet even before they break down. Local super- sites last year found that only 2% had posted To each a number markets could check the contents of cus- a privacy policy in line with that advocated The general public may be only vaguely tomers’ refrigerators, compiling a shopping by the commission, although more have aware of the mushrooming growth of infor- list as they run out of supplies of butter, probably done so since, not least in response mation-gathering, but when they are offered cheese or milk. Or office workers might to increased concern over privacy. Studies of a glimpse, most people do not like what they check up on the children at home from their members of America’s Direct Marketing As- see. A survey by America’s Federal Trade desktop computers. sociation by independence researchers have Commission found that 80% of Americans are But all of these benefits, from better med- found that more than half did not abide even worried about what happens to information ical care and crime prevention to the more by the association’s modest guidelines. collected about them. Skirmishes between banal delights of the ‘‘intelligent’’ home, If consumers were to become more alarmed privacy advocates and those collecting infor- come with one obvious drawback—an ever- about privacy, however, market solutions mation are occurring with increasing fre- widening trail of electronic data. Because could offer some protection. The Internet, quency. the cost of storing and analysing the data is the frontline of the privacy battle-field, has This year both intel and Microsoft have also plummeting, almost any action will already spawned anonymous remailers, firms run into a storm of criticism when it was re- leave a near-permanent record. However in- that forward e-mail stripped of any identi- vealed that their products—the chips and geniously information-processing technology fying information. One website software at the heart of most personal comis used, what seems certain is that threats to (www.anonymizer.com) offers anonymous puters—transmitted unique identification traditional notions of privacy will pro- Internet browsing. Electronic digital cash, numbers whenever a personal-computer user liferate. for use or off the Internet, may eventually logged on to the Internet. Both companies This prospect provokes a range of re- provide some anonymity but, like today’s hastily offered software to allow users to sponses, none of them entirely adequate. physical cash, it will probably be used only turn the identifying numbers off, but their More laws. Brandeis’s article was a plea for for smaller purchases.

VerDate 29-OCT-99 00:30 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.188 pfrm02 PsN: S10PT2 S14538 CONGRESSIONAL RECORD — SENATE November 10, 1999 Enter the infomediary Video cameras would record not only crimi- We are dealing here with a political sleeper John Hagel and Marc Singer of McKinsey, nals, but also abusive policemen. Corporate issue. People are getting wise to being se- a management consulting firm, believe that chiefs would know that information about cretly examined and manipulated and it rubs from such services will emerge themselves is as freely available as it is them the wrong way. ‘‘informediaries’’, firms that become brokers about their customers or workers. Simple de- Politicians sense that a strange dissonance of information between consumers and other terrence would then encourage restraint in is agitating their constituents. But most are companies, giving consumers privacy protec- information gathering—and maybe even leery of the issue because it cuts across tion and also earning them some revenue for more courtesy. ideologies and party lines—not just the information they are willing to release Yet Mr. Brin does not explain what would encrypted communication versus national about themselves. If consumers were willing happen to transparency violators or whether security, but personal liberty versus the free to pay for such brokerage, infomediaries there would be any limits. What about na- market. might succeed on the Internet. Such firms tional-security data or trade secrets? Police That’s why there has been such Sturm und would have the strongest possible stake in or medical files? Criminals might find these Drang around the Financial Services Act of maintaining their reputation for privacy of great interest. What is more, transparency 1999. Most pols think it is bogged down only protection. But it is hard to imagine them would be just as difficult to enforce legally because of a turf war between the Treasury thriving unless consumers are willing to fun- as privacy protection is now. Indeed, the and the Fed over who regulates the new nel every transaction they make through a very idea of making privacy into a crime bank-broker-insurance mergers. It goes deep- single infomediary. Even if this is possible— seems outlandish. er. which is unclear—many consumers may not There is unlikely to be a single answer to The House passed a bill 343 to 86 to make want to rely so much on a single firm. Most, the dilemma posed by the conflict between ‘‘pretext calling’’ by snoops pretending to be for example, already have more than one privacy and the growing power of informa- the customer a Federal crime, plus an ‘‘opt credit card. tion technology. But unless society collec- out’’ that puts the burden on bank customers In the meantime, many companies already tively turns away from the benefits that to tell their banks not to disclose account declare that they will not sell information technology can offer—surely the most un- information to marketers. The bank lobby they collect about customers. But many oth- likely outcome of all—privacy debates are went along with this. ers find it possible profitable not to make— likely to become very more intense. In the The Senate passed a version without pri- to—or keep—this pledge. Consumers who brave new world of the information age, the vacy protection because Banking Chairman want privacy must be ever vigilant, which is right to be left alone is certain to come Phil Gramm said so. But in Senate-House more than most can manage. Even those under siege as never before. conference, Republican Richard Shelby of companies which advertise that they will not Alabama (who already toughened drivers’ sell information do not promise not to buy NOSY PARKER LIVES protection at the behest of Phyllis Schlafly’s it. They almost certainly know more about [William Safire, Washington] Eagle Forum and the A.C.L.U.) is pressing for the House version. ‘‘ ‘Opt out’ is weak,’’ their customers than their customers real- A state sells its driver’s license records to Shelby tells me, ‘‘but it’s a start.’’ ize. And in any case, market solutions, in- a stalker; he selects his victim—a Hollywood The groundswelling resentment is in cluding informediaries, are unlikely to be starlet—from the photos and murders her. search of a public champion. The start will able to deal with growing government data- A telephone company sells a list of calls; gain momentum when some Presidential bases or increased surveillance in public an extortionist analyzes the pattern of calls candidate seizes the sleeper issue of the too- areas. and blackmails the owner of the phone. targeted consumer. Laws need not always be Technology. The Internet has spawned a A hospital transfers patient records to an the answer: to avert regulation, smart busi- fierce war between fans of encryption and insurance affiliate, which turns down a pol- nesses will complete to assure customers’ governments, especially America’s, which icy renewal. right to decide. argue that they must have access to the keys A bank sells a financial disclosure state- The libertarian principle is plain: except- to software codes used on the web in the in- ment to a borrower’s employer, who fires the ing legitimate needs of law enforcement and terests of the law enforcement. This quarrel employee for profligacy. public interest, control of information about has been rumbling on for years. But given An Internet browser sells the records of a an individual must rest with the person him- the easy availability of increasingly complex nettie’s searches to a lawyer’s private inves- self. When the required permission is asked, codes, governments may just have to accept tigator, who uses ‘‘cookie’’-generated evi- he or she can sell it or trade it—or tell the defeat, which would provide more privacy dence against the nettie in a lawsuit. bank, the search engine and the Motor Vehi- not just for innocent web users, but for Such invasions of privacy are no longer cle Bureau to keep their mouths shut. criminals as well. Yet even encryption will far-out possibilities. The first listed above, only serve to restore to Internet users the the murder of Rebecca Schaeffer, led to the PRIVATELY HELD CONCERNS level of privacy that most people have as- Driver’s Privacy Protection Act. That Fed- sumed they now enjoy in traditional (i.e., eral law enables motorists to ‘‘opt out’’—to [Oct. 22, 1999—Wall Street Journal] paper) mail. direct that information about them not be Congress has been paddling 20 years to get Away from the web, the technological race sold for commercial purposes. a financial-service overhaul bill, and now the between snoopers and anti-snoopers will also But even that opt out puts the burden of canoe threatens to run aground on one of undoubtedly continue. But technology can protection on the potential victim, and most those imaginary concerns that only sounds only ever be a partial answer. Privacy will be people are too busy or lazy to initiate self- good in press release—‘‘consumer privacy.’’ reduced not only by government or private protection. Far more effective would be what In the column alongside, Paul Gigot de- snooping, but by the constant recording of privacy advocates call opt in—requiring the scribes the hardball politics behind the fi- all sorts of information that individuals state or business to request permission of in- nancial reform bill’s other sticking point— must provide to receive products or bene- dividual customers before selling their the Community Reinvestment Act. Our sub- fits—which is as true on as off the Internet. names to practioners of ‘‘target marketing.’’ ject here is Senator Richard Shelby’s strange Transparency. Despairing of efforts to pro- In practical terms, the difference between idea of what, precisely, should constitute tect privacy in the face of the approaching opt in and opt out is the difference between ‘‘consumer privacy’’ in the new world. ‘‘It’s technological deluge, David Brin, an Amer- a door locked with a bolt and a door left our responsibility to identify what is out of ican physicist and science-fiction writer, ajar. But in a divided appeals court—under bounds,’ ’’ declared the identity confused Re- proposes a radical alternative—its complete the strained rubric of commercial free publican as he surfaced this phantom last abolition. In his book ‘‘The Transparent So- speech—the intrusive telecommunications spring. ciety’’ (Addision-Wesley, $25) he argues that giant US West won. Its private customers Privacy concerns are a proper discussion in future the rich and powerful—and most and the public are the losers. point for the information age, but financial ominously of all, governments—will derive Corporate mergers and technologies of E- reform would actually end to alleviate some the greatest benefit from privacy protection, commerce and electronic surveillance are of them. If a single company were allowed to rather than ordinary people. Instead, says pulverizing the walls of personal privacy. Be- sell insurance, portfolio advice and checking Mr. Brin, a clear, simple rule should be latedly, Americans are awakening to their accounts, there would be less incentive to adopted: everyone should have access to all new nakedness as targets of marketers. peddle information to third parties. Legisla- information. Every citizen should be able to Your bank account, you health record, tive reform and mergers in the financial in- tap into any database, corporate or govern- your genetic code, your personal and shop- dustry were all supposed to be aimed at the mental, containing personal information. ping habits and sexual interests are your same goal, using information efficiently Images from the video-surveillance cameras own business. That information has a value. within a single company to serve customers. on city streets should be accessible to every- If anybody wants to pay for an intimate look Yet to Mr. Shelby, this is a predatorial act. one, not just the police. inside your life, let them make you an offer He’s demanding language that would mean The idea sounds disconcerting, he admits. and you’ll think about it. That’s opt in. You a Citigroup banker, say, couldn’t tell a But he argues that privacy is doomed in any may decide to trade the desired information Citigroup insurance agent that Mr. Jones is case. Transparency would enable people to about yourself for services like an E-mail a hot insurance prospect—unless Mr. Jones know who knows what about them, and for box or stock quotes or other inducement. gives his permission in writing first. Mr. the ruled to keep any eye on their rulers. But require them to ask you first. Shelby threatens to withhold his crucial

VerDate 29-OCT-99 21:25 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.190 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14539 unless this deal-breaker is written into the ‘‘You already have zero privacy—get over Intel, the largest chip maker, had recently law. it,’’ Scott McNealy, chairman and chief exec- backed down somewhat after it was chal- To inflict this inconvenience on Mr. Jones utive of Sun Microsystems, said at a recent lenged by privacy advocates over the iden- is weird enough: He has already volunteered news conference held to introduce the com- tity feature, agreeing that at least some to have a relationship with Citigroup. But pany’s newest software, known as Jini, in- processors for the consumer market would be even weirder is the urge to cripple a law tended to interconnect virtually all types of made in a way that requires the user to acti- whose whole purpose is to modernize an in- electronic devices from computer to cam- vate the feature. dustry structure that forces consumers eras. Privacy advocates contend that soft- Far from scaling back its vision, however, today to chase six different companies ware like Jini, which assigns an identifica- Intel said it was planning an even wider around to get a full mix of financial services. tion number to each device each time it con- range of features in its chips to help compa- In essence, financial products all do the same nects to a network, could be misused as net- nies protect copyrighted materials. It also thing: shift income in time. You want to go works envelop almost everyone in society in pointed to software applications that would to college now based on your future earn- a dense web of devices that see, hear, and use the embedded number to identify partici- ings, so you take out a loan. You want to re- monitor behavior and location. pants in electronic chat rooms on the Inter- tire in 20 years based on your present earn- ‘‘Once information becomes available for net and thereby, for example, protect chil- ings, so you get an IRA. And if a single cry one purpose there is always pressure from dren from Internet stalkers. goes up from modern man, it’s ‘‘Simplify my other organizations to use it for their pur- But in achieving those goals, it would also life.’’ poses,’’ said, Lauren Weinstein, editor of Pri- create a universal identifier, which could be A vote last Friday seemed, to put Mr. Shel- vacy Forum, an on-line journal. used by software applications to track com- by’s peeve to rest. Under the current lan- This week, a programmer in Massachusetts puter users wherever they surfed on the guage, consumers would have an ‘‘opt out’’ if found that identifying numbers can easily be World Wide Web. And that, despite the chip they don’t want their information shared. found in word processing and spreadsheet maker’s assertions that it is working to en- But Mr. Shelby won’t let go, and joining his files created with Microsoft’s popular Word hance security and privacy, has led some pri- chorus are Ralph Nader on the left, Phyllis and Excel programs and in the Windows 95 vacy advocates to taunt Intel and accused it Schlafly on the right and various gnats buzz- and 98 operating systems. of a ‘‘Big Brother Inside’’ strategy. Moreover, unlike the Intel serial number, ing around the interest-group honeypot. They contend that by uniquely identifying which the computer user can conceal, the He claims to be responding to constituent each computer it will make it possible for numbers used by the Microsoft programs— complaints about telemarketing, not to marketers or Government and law enforce- found in millions of personal computers— mention a poll showing that 90% of con- ment officials to track the activities of any- cannot be controlled by the user. sumers respond favorably to the word ‘‘pri- one connected to a computer network more vacy.’’ Well, duh. Consumers don’t want The programmer, Richard M. Smith, president of Phar Lap Software, a developer of closely. They also say that such a permanent their information made available indiscrimi- identifier could be used in a similar fashion nately to strangers. But putting up barriers computer programming tools in Cambridge, Mass., noticed that the Windows operating to the data, known as ‘‘cookies,’’ that are to free exchange inside a company that a placed on a computer’s hard drive by Web customer already has chosen to do business system contains a unique registration number stored on each personal computer in a site to track the comings and goings of with is a farfetched application of a sensible Internet users. idea. small data base known as the Windows reg- Mr. Shelby was a key supporter of lan- istry. PUTTING PRIVACY ON THE DEFENSIVE guage that would push banks to set up their His curiosity aroused, Mr. Smith inves- Intel’s decision to forge ahead with iden- insurance and securities operations as affili- tigated further and found that the number tity features in its chip technology may sig- ates under a holding company. Now he wants that uniquely identifies his computer to the nal a turning point in the battle over privacy to stop these affiliates from talking to each network used in most office computing sys- in the electronic age. Until now, privacy con- other. Maybe he’s just confused, but it tems, known as the Ethernet, was routinely cerns have generally put industry’s execu- sounds more like a favor to Alabama bankers copied to, each Microsoft Word or Excel doc- tives on the defensive. Now questions are and insurance agents who want to make life ument he created. being raised about whether there should be The number is used to create a longer a lot harder for their New York competitors limits to privacy in an Inernet era. number, known as a globally unique identi- trying to open up local markets. ‘‘Judge Brandeis’s definition of privacy fier. It is there, he said, to enable computer was ‘the right to be left alone,’ not the right users to create sophisticated documents GROWING COMPATIBILITY ISSUE: COMPUTERS to operate in absolute secrecy,’’ said Paul comprising work processing, spreadsheet, AND USER PRIVACY Saffo, a researcher at the Institute for the presentation and data base information. [By John Markoff, New York Times, March Each of those components in a document Future in Menlo Park, Calif. 3, 1999] needs a separate identity, and computer de- Some Silicon Valley engineers and execu- San Francisco, March 2—The Intel Cor- signers have found the Ethernet number a tives say that the Intel critics are being poration recently blinked in a confrontation convenient and widely available identifier, naive and have failed to understand that all with privacy advocates protesting the com- he said. But such universal identifiers are of devices connected to computer networks re- pany’s plans to ship its newest generation of particular concern to privacy advocated be- quire identification features simply to func- microprocessors with an embedded serial cause they could be used to compile information correctly. number that could be used to identify a com- tion on individuals from many data bases. Moreover, they note that identifying num- puter—and by extension its user. ‘‘The infrastructure relies a lot on serial bers have for more than two decades been a But those on each side of the dispute ac- numbers,’’ Mr. Smith said. ‘‘We’ve let the requirement for any computer connected to knowledge that it was only an initial skir- genie out of the bottle.’’ an Ethernet network. (Although still found mish in a wider struggle. From computers to Jeff Ressler, a Microsoft product manager, most widely in office settings, Ethernet con- cellular phones to digital video players, ev- said that if a computer did not have an nections are increasingly being used for eryday devices and software programs in- Ethernet adapter then another identifying high-speed Internet Service in the home via creasingly embed telltale identifying num- number was generated that was likely to be digital telephone lines and cable modems.) bers that let them interact. unique. ‘‘We need a big number, which is a All of Apple Computer’s popular iMac ma- Whether such digital fingerprints con- unique identifier,’’ he said. ‘‘If we didn’t chines come with an Ethernet connection stitute an imminent privacy threat or are have, it would be impossible to make our that has a unique permanent number in- simply part of the foundation of advanced software programs work together across net- stalled in the factory. The number is used to computer systems and networks is the sub- works.’’ identify the computer to the local network. ject of a growing debate between the com- Indeed, an increasing range of technologies While the Ethernet number is not broad- puter industry and privacy groups. At its have provisions for identifying their users cast over the Internet at large, it could eas- heart is a fundamental disagreement over for either technical reasons (such as con- ily be discovered by a software application the role of electronic anonymity in a demo- necting to a network) or commercial ones like a Web browser and transmitted to a re- cratic society. (such as determining which ads to show to mote Web site tracking the identities of its Privacy groups argue fiercely that the Web surfers). But engineers and network de- users, a number of computer engineers said. merger of computers and the Internet has signers argue that identify information is a Moreover, they say that other kinds of net- brought the specter of a new surveillance so- vital aspect of modern security design be- works require identify numbers to protect ciety in which it will be difficult to find any cause it is necessary to authenticate an indi- against fraud. Each cellular telephone cur- device that cannot be traced to the user vidual in a network, thereby preventing rently has two numbers: the telephone num- when it is used. But a growing alliance of fraud or intrusion. ber, which can easily be changed, and an computer industry executives, engineers, law Last month at the introduction of Intel’s electronic serial number, which is perma- enforcement officials and scholars contend powerful Pentium III chip, Intel executives nently put in place at the factory to protect that absolute anonymity is not only increas- showed more than a dozen data security uses against theft or fraud. ingly difficult to obtain technically, but is for the serial number contained electroni- The serial number is accessible to the cel- also a potential threat to democratic order cally in each of the chips, ranging from lim- lular telephone network, and as cellular tele- because of the possibility of electronic crime iting access to protecting documents or soft- phones add Internet browsing and E-mail ca- and terrorism. ware against piracy. pabilities, it will potentially have the same

VerDate 29-OCT-99 22:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.192 pfrm02 PsN: S10PT2 S14540 CONGRESSIONAL RECORD — SENATE November 10, 1999 identity capability as the Intel processor se- Digicash Inc. based in Palo Alto, Calif., filed programs and encryption software that allow rial number. for bankruptcy protection. us to encrypt all of our data. Corporate self- Other examples include DIVX DVD disks, ‘‘Privacy never seems to sell,’’ said Bruce regulation can also help. I.B.M., for example, which come with a serial number that per- Schneier, a cryptographer and a computer said last week that it would pull its adver- mits tracking the use of each movie by a industry consultant. ‘‘Those who are inter- tising from Web sites that don’t have clear centralized network-recording system man- ested in privacy don’t want to pay for it.’’ privacy policies. Other companies like Dis- aged by the companies that sell the disks. ney and Kellogg have voluntarily agreed not FEARING THE MISUSE OF ALL THOSE NUMBERS PRIVACY ISN’T DEAD YET to collect information about children 12 or Industry executives say that as the line be- [By Amitai Etzioni] younger without the consent of their par- tween communications and computing be- It seems self-evident that information ents. And some new Government regulation comes increasingly blurred, every electronic about your shoe size does not need to be as of Internet commerce may soon be required, device will require some kind of identifica- well guarded as information about tests or- if only because the European Union is insist- tion to attach to the network dered by your doctor. But with the Federal ing that any personal information about the Making those numbers available to net- and state governments’ piecemeal approach citizens of its member countries cannot be works that need to pass information or to to privacy protection, if we release informa- used without the citizen’s consent. Especially sensitive information should find a mobile user while at the same time de- tion about one facet of our lives, we inad- get extra protection. But such selective secu- nying the information to those who wish to vertently expose much about the others. gather information into vast data bases may During Senate hearings in 1987 about Rob- rity can work only if all the other informa- be an impossible task. ert Bork’s fitness to serve as a Supreme tion about a person is not freely accessible Privacy advocates argue that even if iso- Court justice, a reporter found out which elsewhere. lated numbers look harmless, they are actu- videotapes Mr. Bork rented. The response ally harbingers of a trend toward ever more was the enactment of the Video Privacy Pro- A MIDDLE GROUND IN THE PRIVACY WAR? invasive surveillance networks. tection Act. Another law prohibits the So- [By John Schwartz—March 29, 1999] ‘‘Whatever we can do to actually minimize cial Security Administration (but hardly Jim Hightower, the former agriculture the collection of personal data is good,’ said anybody else) from releasing our Social Se- commissioner of Texas, is fond of saying that March Rotenberg, director of the Electronic curity numbers. Still other laws limit what ‘‘there’s nothing in the middle of the road Privacy Information Center, one of three states can do with information that we pro- but yellow stripes and dead armadillos.’’ groups trying to organize a boycott of Intel’s vide to motor vehicle departments. It’s punchy, and has become a rallying cry chips. Congress is now seeking to add some more of sorts for activists on all sides. But is it The groups are concerned that the Govern- panels to this crazy quilt of narrowly drawn right? Amitai Etzioni, a professor at George ment will require ever more invasive hard- privacy laws. The House recently endorsed a Washington University, thinks not. He ware modifications to keep track of individ- bill to prohibit banks and securities and in- thinks he has found a workable middle uals. Already they point to the 1994 Commu- surance companies owned by the same par- ground between the combatants in one of the nications Assistance for Law Enforcement ent corporation from sharing personal med- fiercest fights in our high-tech society: the Act, which requires that telephone compa- ical information. And Congress is grappling right of privacy. nies modify their network switches to make with laws to prevent some information about Etzioni has carved out a place for himself it easier for Government wiretappers. our mutual-fund holdings from being sold over the decades as a leader in the Also, the Federal Communications Com- and bought as freely as hot dogs. ‘‘communitarian’’ movement. Communitar- mission is developing regulations that will But with superpowerful computers and ianism works toward a civil society that require every cellular telephone to be able to vast databases in the private sector, personal transcends both government regulation and report its precise location for ‘‘911’’ emer- information can’t be segmented in this man- commercial intrusion—a society where the gency calls. Privacy groups are worried that ner. For example, in 1996, a man in Los Ange- golden rule is as important as the rule of this feature will be used as a tracking tech- les got himself a store card, which gave him law, and the notion that ‘‘he who has the nology by law enforcement officials. discounts and allowed the store to trace gold makes the rules’’ does not apply. ‘‘The ultimate danger is that the Govern- what he purchased. After injuring his knee What does all that have to do with pri- ment will mandate that each chip have spe- in the store, he sued for damages. He was vacy? Etzioni has written a new book, ‘‘The cial logic added’’ to track identifies in cyber- then told that if he proceeded with his suit Limits of Privacy,’’ that applies space, said Vernor Vinge, a computer sci- the store would use the fact that he bought communitarian principles to this thorny entist at San Diego State University. ‘‘We’re a lot of liquor to show that he must have issue. on a slide in that direction.’’ fallen because he was a drunkard. For the most part, the debate over privacy Mr. Vinge is the author of ‘‘True Names’’ Some health insurers try to ‘‘cherry pick’’ is carried out from two sides separated by a (Tor Books, 1984), a widely cited science fic- their clients, seeking to cover only those huge ideological gap—a gap so vast that they tion novel in the early 1980’s, that forecast a who are least likely to have genetic prob- seem to feel a need to shout just to get their world in which anonymity in computer net- lems or contract costly diseases like AIDS. voices to carry across it. So Etzioni comes in works is illegal. Some laws prohibit insurers from asking with a theme not often heard, that middle of Intel executives insist that their chip is people directly about their sexual orienta- the road that Hightower hates so much. being misconstrued by privacy groups. tion. But companies sometimes refuse to in- What he wants to do is to forge a new pri- ‘‘We’re going to start building security ar- sure those whose vocation (designer?), place vacy doctrine that protects the individual chitecture into our chips, and this is the of residence (Greenwich Village?) and mar- from snooping corporations and irresponsible first step,’’ said Pat Gelsinger, Intel vice ital status (single at 40-plus?) suggest that government, but cedes individual privacy president and general manager of desktop they might pose high risks. rights when public health and safety are at products. ‘‘The discouraging part of this is Especially comprehensive privacy invaders stake—‘‘a balance between rights and the our objective is to accomplish privacy. are ‘‘cookies’’—surveillance files that many common good,’’ he writes. That quandry—that it is almost impossible marketers implant in the personal com- In the book, Etzioni tours a number of to compartmentalize information for one puters of people who visit their Web sites to major privacy issues, passing judgment as he purpose so that it cannot be misused—lies at allow the marketers to track users’ pref- goes along. Pro-privacy decisions that pro- the heart of the argument. Moreover pro- erences and transactions. Cookies, we are as- hibited mandatory testing infants for HIV, viding security while at the same time offer- sured, merely inform marketers about our for example, take the concept too far and put ing anonymity has long been a technical and wishes so that advertising can be better di- children at risk, he says. Privacy advocates’ a political challenge. rected, sparing us from a flood of junk mail. campaigns against the government’s at- ‘‘We need to find ways to distinguish be- Actually, by tracing the steps we take tempts to wiretap and unscramble encrypted tween security and identity,’’ said James X. once we gain a new piece of information, messages, he says, are misguided in the face Dempsey, a privacy expert at the Center for cookies reveal not only what we buy (a of the evil that walks the planet. Democracy and Technology, a Washington thong from Victoria’s Secret? Anti- The prospect of some kind of national ID lobbying organization. depressants?) but also how we think. Nine- system, which many privacy advocates view So far the prospects are not encouraging. teen eighty-four is here courtesy of Intel, as anathema, he finds useful for catching One technical solution developed by a cryp- Microsoft and quite a few other corporations. criminals, reducing fraud and ending the tographer, David Chaum, made it possible for All this has led Scott McNealy, the chair- crime of identity theft. The broad distribu- individuals to make electronic cash pay- man and chief executive of Sun Micro- tion of our medical records for commercial ments anonymously in a network. systems, to state, ‘‘You already have zero gain, however, takes too much away from us In the system Mr. Chaum designed, a user privacy—get over it.’’ This pronouncement for little benefit to society. employs a different number with each orga- of the death of privacy is premature, but we I called Etzioni to ask about his book. He nization, thereby insuring that there is no will be able to keep it alive only if we intro- said civil libertarians talk about the threat universal tracking capability. duce general, all-encompassing protections of government intrusion into our lives, and But while Mr. Chaum’s solution has been over segmented ones. government talks about the threat of crimi- widely considered ingenious, it has failed in Some cyberspace anonymity can be pro- nals, but that the more he got into his re- the marketplace. Last year, his company, vided by new technologies like anti-cookie search, the more it seemed that the two

VerDate 29-OCT-99 00:30 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.194 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14541 sides were missing ‘‘the number one enemy— has led to concerns regarding the secu- poses; to the Committee on the Judici- it’s a small group of corporations that have rity of personal information. As many ary. more information about us than the East as 40 million people around the world JAPANESE IMPERIAL ARMY DISCLOSURE ACT OF German police ever had about the Germans.’’ He’s horrified, for example, by recent news have the ability to access the Internet. 1999 that both Microsoft Corp. and Intel Corp. The use of computers for personal and Mrs. FEINSTEIN. Mr. President, I have included identifier codes in their prod- business transactions has resulted in rise today to introduce the Japanese ucts that could be used to track people’s on- the availability of vast amounts of fi- Imperial Army Disclosure Act of 1999. line habits: ‘‘They not only track what we nancial, medical and other information This legislation will require the dis- are doing,’’ he says. ‘‘They track what we in the public domain. Information closure under the Freedom of Informa- think.’’ tion Act classified records and docu- His rethinking of privacy leads him to re- about online users is also collected by ject the notions that led to a constitutional Web sites through technology which ments in the possession of the U.S. right of privacy, best expressed in the land- tracks an individual’s every inter- Government regarding chemical and mark 1965 case Griswold v. Connecticut. action with the Internet. biological experiments carried out by In that case, Justice William O. Douglas Despite the ease of availability of Japan during the course of the Second found a right of privacy in the ‘‘penumbra,’’ personal information, the United World War. or shadow border, of rights granted by other States is one of the few countries in Let me preface my statement by constitutional amendments—such as free- making clear that none of the remarks dom of speech, freedom from unreasonable the world that does not have com- search and seizure, freedom from having prehensive legal protection for per- that I will make in discussing this leg- troops billeted in our homes. sonal information. This is in part due islation should be considered anti-Jap- Etzioni scoffs at this ‘‘stretched interpre- to differences in opinion regarding the anese. I was proud to serve as the tation of a curious amalgam of sundry pieces best way to address the problem. While President of the Japan Society of of various constitutional rights,’’ and says some argue that the Internet’s size and Northern California, and I have done we need only look to the simpler balancing constantly changing technology de- everything I can to foster, promote, act we’ve developed in Fourth Amendment and develop positive relations between cases governing search and seizure, which mands government and industry self- give us privacy protection by requiring prop- regulation, others advocate for strong Japan, the United States, China, and er warrants before government can tape a legislative and regulatory protections. other states of the region. The legisla- phone or search a home. And, still others note that such protection I introduce today is eagerly ‘‘We cannot say that we will not allow the tions, although necessary, could lead sought by a large number of Califor- FBI under any conditions, because of a to unconstitutional consequences if nians who believe that there is an ef- cyberpunk dream of a world without govern- fort to keep information about possible ment, to read any message.’’ He finds such a drafted without a comprehensive un- view ‘‘so ideological, so extreme, that some- derstanding of the issue. As a result, atrocities and experiments with poi- body has to talk for a sense of balance.’’ congressional efforts to address privacy sonous gas and germ warfare from the I was surprised to see, in the acknowledge- concerns have been patchwork in na- pubic record. ments in his book, warm thanks to Marc ture. One of my most important goals in Rotenberg, who heads the Electronic Privacy This is why Senator KOHL and I are the Senate is to see the development of Information Center. Rotenberg is about as proposing the creation of a Commission a Pacific Rim community that is staunch a privacy advocate as I know, and I with the purpose of thoughtfully con- peaceful and stable. I have worked to- can’t imagine him finding much common wards this end for over twenty years. I ground with Etzioni—but Etzioni told me sidering the range of issues involved in that ‘‘Marc is among all the people in this the privacy debate and the implica- introduce this legislation to try to heal area the most reasonable. One can talk to tions of self-regulation, legislation, wounds that still remain, particularly him.’’ and federal regulation. The Commis- in California’s Chinese-American com- So I called Rotenberg, too. He said he deep- sion will be comprised of experts in the munity. ly respects Etzioni, but can’t find much in fields of law, civil rights, business, and This legislation is needed because al- the book to agree with. For all the talk of government. After 18 months, the Com- though the Second World War ended balance, he say, ‘‘we have invariably found over fifty years ago—and with it Ja- that when the rights of the individual are mission will deliver a report to Con- balanced against the claims of the commu- gress recommending the necessary leg- pan’s chemical and biological weapons nity, that the individual loses out.’’ islative protections are needed. The experimentation programs—many of We’re in the midst of a ‘‘privacy crisis’’ in Commission will have the authority to the records and documents regarding which ‘‘we have been unable to come up with gather the necessary information to Japan’s wartime activities remain solutions to the privacy challenges that new reach conclusions that are balanced classified and hidden in U.S. Govern- business practices and new technologies are and fair. ment archives and repositories. Even creating,’’ Rotenberg told me. worse, according to some scholars, The way to reach answers, he suggested, is Americans are genuinely concerned not to seek middle ground but to draw the about individual privacy. The Privacy some of these records are now being in- lines more clearly, the way judges do in de- Commission proposed by Senator KOHL advertently destroyed. ciding cases. When a criminal defendant and myself will enable Congress and For the many U.S. Army veteran’s challenges a policeman’s pat-down search in the public to evaluate the extent to who were subject to these experiments court, Rotenberg explained, ‘‘the guy with which we should be concerned and the in POW camps, as well as the many the small plastic bag of cocaine either gets proper way to address those concerns. Chinese and other Asian civilians who to walk or he doesn’t. . . . Making those The privacy debate is multifaceted and were subjected to these experiments, lines fuzzier doesn’t really take you any the time has long since passed for the closer to finding answers.’’ I encourage my colleagues to join Sen- As you can see, this is one argument that ator KOHL and myself in our efforts to full truth to come out. isn’t settled. But I’m glad that Etzioni has gain a better understanding of it. Sen- According to information which was joined the conversation—both for the trade- ator KOHL and I look forward to work- revealed at the International Military mark civility he brings to it, and for the dia- ing with all those interested in fur- Tribunal for the Far East, starting in logue he will spark. thering this debate and giving Ameri- 1931, when the so-called ‘‘Mukden inci- Mr. TORRICELLI. Mr. President, I cans a greater sense of confidence in dent’’ provided Japan the pretext for rise today to introduce the Privacy the security of their personal informa- the occupation of Manchuria, the Japa- Protection Study Commission Act of tion. nese Imperial Army conducted numer- 1999 with my colleague, Senator KOHL. ous biological and chemical warfare This legislation creates a Commission By Mrs. FEINSTEIN: tests on Chinese civilians, Allied to comprehensively examine privacy S. 1902. A bill to require disclosure POWs, and possibly Japanese civilians concerns. This Commission will pro- under the Freedom of Information Act as well. vide Congress with information to fa- regarding certain persons and records Perhaps the most notorious of these cilitate our decision making regarding of the Japanese Imperial Army in a experiments were carried out under how to best address individual privacy manner that does not impair any inves- General Ishii Shiro, a Japanese Army protections. tigation or prosecution conducted by surgeon, who, by the late 1930’s had The rise in the use of information the Department of Justice or certain built a large installation in China with technology—particularly the Internet, intelligence matters, and for other pur- germ breeding facilities, testing

VerDate 29-OCT-99 22:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.196 pfrm02 PsN: S10PT2 S14542 CONGRESSIONAL RECORD — SENATE November 10, 1999 grounds, prisons to hold the human It is my belief that the establishment GRANADA HILLS, CA, test subjects, facilities to make germ of such an Interagency Working Group October 7, 1999. weapons, and a crematorium for the is the best way to make sure that the Hon. SENATOR DIANNE FEINSTEIN, final disposal of the human test vic- documents which need to be declas- Hart Senate Office Building, Washington, DC. DEAR SENATOR FEINSTEIN: Several Asian tims. General Ishii’s main factory oper- sified will be declassified, and that this American activists organizations in Cali- ated under the code name Unit 731. process will occur in an orderly and ex- fornia, and organizations representing Based on the evidence revealed at the peditious manner. former Prisoners of War and Internees of the War Crimes trials, as well as subse- This legislation also includes excep- Japanese Imperial Army, have indicated to quent work by numerous scholars, tions which would allow the Inter- me that you are proposing to introduce legis- there is little doubt that Japan con- agency Working Group to deny release lation into the United States Senate that calls for full disclosure by the United States ducted these chemical and biological of records on the basis of: 1. Records warfare experiments, and that the Jap- Government of records it possesses con- which may unfairly invade an individ- cerning war crimes committed by members anese Imperial Army attempted to use ual’s privacy; 2. Records which ad- of the Japanese Imperial Army. I endorse chemical and biological weapons dur- versely affect the national security or such legislation enthusiastically. ing the course of the war, included re- intelligence capabilities of the United My support for the full disclosure of Amer- ports of use of plague on the cities of States; 3. Records which might ‘‘seri- ican held records relating to the Japanese Imperial Army’s wartime crimes against hu- Ningbo and Changde. ously or demonstrably impair relations And, as a 1980 article by John Powell manity is both personal and professional. I between the United States and a for- am aware of the terrible suffering members in the Bulletin of Concerned Asia eign government’’; and, 4. Records Scholars found, of the Imperial Japanese Army imposed upon which might contribute to the develop- innocent Asians, prisoners of war of various Once the fact had been established that ment of chemical or biological capa- nationalists and civilian internees of Allied Ishii had used Chinese and others as labora- nations. These inhumane acts were con- tory tests subjects, it seemed a fair assump- bilities. My purpose in introducing this legis- doned, if not ordered, by the highest authori- tion that he also might have used American ties in both the civilian and military prisoners, possibly British, and perhaps even lation is to help those who were vic- branches of the Japanese government. As a Japanese. timized by these experiments and, with consequence, millions of persons were killed, Some of the records of these activi- the adage ‘‘the truth shall set you maimed, tortured, or experienced acts of vio- ties were revealed during the Tokyo free’’ in mind, help build a more peace- lence that included human experiments re- War Crimes trials, and others have ful Asian-Pacific community for the lating to biological and chemical warfare re- since come to light under Freedom of twenty-first century. search. Many of these actions meet the defi- Information Act requests, but many First, the declassification and release nition of ‘‘war crimes’’ under both the Pots- other documents, which were trans- dam Declaration and the various Nuremberg of this material will help the victims of War Crimes trials held in the post-war pe- ferred to the U.S. military during the chemical and biological warfare experi- riod. occupation of Japan, have remained mentation carried out by the Japanese I am the author of ‘‘Factories of Death, hidden for the past fifty years. Army during the Second World War, as Japanese Biological Warfare, 1932–45, and the And it is precisely for this reason well as their families and descendants, American Cover-up’’ (Routlege: London and that this legislation is needed: The gain information about what occurred New York; hard cover edition 1994; paperback world is entitled to a full and compel to them fifty years ago. If old wounds printings, 1995, 1997, 1998, 1999). I discovered record of what did transpire. are to heal, there must be a full ac- in the course of my research for this book, Sheldon Harris, Professor of History and scholarly articles that I published on the counting of what happened. subject of Japanese biological and chemical Emeritus at California State univer- Second, and perhaps just as impor- sity Northridge wrote to me on October warfare preparations, that members of the tantly, this legislation is intended to Japanese Imperial Army Medical Corps com- 7 of this year that: create an environment of honest dia- mitted heinous war crimes. These included In my capacity as an academic Historian, I logue and discussion in the Asia-Pa- involuntary laboratory tests of various can testify to the difficulty researchers have pathogens on humans—Chinese, Korean, in unearthing documents and personal testi- cific region, so that the countries and people of the region can move beyond other Asian nationalities, and Allied pris- mony concerning these war crimes * * *. oners of war, including Americans. Bar- Here in the United States, despite the Free- the problems that have plagued us for barous acts encompassed live vivisections, dom of Information Act, some archives re- the past century, and work together to amputations of body parts (frequently with- main closed to investigators * * *. Moreover, build a peaceful and prosperous Asian- out the use of anesthesia), frost bite expo- ‘‘sensitive documents—as defined by archi- Pacific community in the next cen- sure to temperatures of 40–50 degrees Fahr- vists and FOIA officers—are at the moment tury. enheit below zero, injection of horse blood being destroyed. If the countries of Asia are to build a and other animal blood into humans, as well Professor Sheldon’s letter goes on to peaceful community it is necessary as other horrific experiments. When a test discuss three examples of the destruc- was completed, the human experimented was that we deal fully, fairly, and honestly tion of documents relating to chemical ‘‘sacrificed’’, the euphemism used by Japa- with the past. It is only by doing so and biological warfare experiments nese scientists as a substitute term for that we can avoid repeating the mis- that he is aware of: At Dugway Proving ‘‘killed.’’ takes of the past and build a more just In my capacity as an academic Historian, I Grounds in Utah, at Fort Detrick in world for the future. can testify to the difficulty researchers have Maryland, and at the Pentagon. in unearthing documents and personal testi- This legislation establishes, within 60 Indeed, as Rabbi Abraham Cooper has remarked, ‘‘Since the end of World War mony concerning these war crimes. I, and days after the enactment of the act, other researchers, have been denied access to the Japanese Imperial Army Records II, professed neutral nations like Swe- military archives in Japan. These archives Interagency Working Group, including den and Switzerland have had the cour- cover activities by the Imperial Japanese representation by the Department of age to take a painful look back at their Army that occurred more than 50 years ago. State and the Archivist of the United World War II record; can Japan be al- The documents in question cannot conceiv- States, to locate, identify, and rec- lowed to do anything less?’’ ably contain information that would be con- ommend for declassification all Japa- I hope that my colleagues will join sidered of importance to ‘‘National Secu- me in support of this legislation. rity’’ today. The various governments in nese Imperial Army records of the Japan for the past half century have kept United States. Mr. President, I ask unanimous con- these archives firmly closed. The fear is that This Interagency Work Group, which sent that the October 7 letter by Pro- the information contained in the archives will remain in existence for three fessor Harris and an article outlining will embarrass previous governments. years, is to locate, identify, inventory, some of the scholarly research on this Here in the United States, despite the recommend for classification, and issue: ‘‘Japan’s Biological Weapons: Freedom of Information Act, some archives make available to the public all classi- 1930–1945,’’ by Robert Gromer, John remain closed to investigators. At best, the fied Imperial Army records of the Powell, and Burt Roling be printed in archivists in charge, or the Freedom of Infor- mation Officer at the archive in question, se- United States. It is to do so in coordi- the RECORD. lect what documents they will allow to be- nation with other agencies, and to sub- There being no objection, the mate- come public. This is an unconscionable act of mit a report to Congress describing its rial was ordered to be printed in the arrogance and a betrayal of the trust they activities. RECORD, as follows: have been given by the Congress and the

VerDate 29-OCT-99 00:30 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.179 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14543 President of the United States. Moreover, [From the Bulletin of the Atomic Scientists, to U.S. representatives from Camp Detrick ‘‘sensitive’’ documents—as defined by archi- Oct., 1981] (now Fort Detrick). vists and FOIA officers—are at the moment JAPAN’S BIOLOGICAL WEAPONS: 1930–1945—A The record shows that by the late 1930s Ja- being destroyed. Thus, historians and con- HIDDEN CHAPTER IN HISTORY pan’s biological warfare (BW) program was ready for testing. It was used with moderate cerned citizens are being denied factual evi- (By Robert Gomer, John W. Powell and Bert success against Chinese troops and civilians dence that can shed some light on the ter- V.A. Ro¨ ling) rible atrocities committed by Japanese mili- and with unknown results against the Rus- When this story first reached the Bulletin, tarists in the past. sians. By 1945 Japan had a huge stockpile of our reaction was horrified disbelief. I think germs, vectors and delivery equipment un- Three examples of this wanton destruction all of us hoped that it was not true. Unfortu- matched by any other nation. should be sufficiently illustrative of the dan- nately, subsequent research shows that it is Japan had gained this undisputed lead pri- gers that exist, and should reinforce the ob- all too true. In order to verify the facts set marily because its scientists used humans as vious necessity for prompt passage of legisla- forth here we enlisted the help of a number guinea pigs. It is estimated that at least tion you propose to introduce into the Con- of distinguished scientists and historians, 3,000 people were killed at the main biologi- gress: who are hereby thanked. It seems unneces- cal warfare experimental station, code 1. In 1991, the Librarian at Dugway Proving sary to mention them by name; suffice it named Unit 731 and located a few miles from Grounds, Dugway, Utah, denied me access to that the allegations set forth in this article Harbin. They either succumbed during the the archives at the facility. It was only seem to be true and there is a substantial experiments or were executed when they had through the intervention of then U.S. Rep- file of documents in the Bulletin offices to become physical wrecks and were no longer resentative Wayne Owens, Dem., Utah, that I back them up. fit for further germ tests [1, pp. 19–21]. There was given permission to visit the facility. I What other comment need one really is no estimate of total casualties but it is was not shown all the holdings relating to make? Any reader with a sense of justice and known that at least two other Japanese bio- Japanese medical experiments, but the little decency will be nauseated, not only by these logical warfare installations—Unit 100 near I was permitted to examine revealed a great atrocities, but equally so by the reaction of Changchun and the Tama Detachment in deal of information about medical war the U.S. Departments of War and State. Nanjing—engaged in similar human experi- crimes. Sometimes after my visit, a person The psychological climate engendered by mentation. with intimate knowledge of Dugway’s oper- war is horrible. The Japanese tortured and (End Notes at end of articles) ations, informed me that ‘‘sensitive’’ docu- killed helpless prisoners in search of ‘‘a This much of the story has been available ments were destroyed there as a direct result cheap and effective weapon.’’ The Americans for some years. What has not been known of my research in their library. and British invented firestorms and the U.S. until very recently is that among the human dropped two nuclear bombs on Hiroshima guinea pigs were an undetermined number of 2. I conducted much of my American re- and Nagasaki. In such a climate it may have American soldiers, captured during the early search at Fort Detrick in Frederick, Md. The seemed reasonable not to bring the Japanese part of the war and confined in prisoner-of- Public Information Officer there was ex- responsible for the biological ‘‘experiments’’ war camps in Manchuria. Official U.S. re- tremely helpful to me. Two weeks ago I tele- to justice, but it was and remains monstrous. ports reveal that Washington was aware of phoned Detrick, was informed that the PIO By acquiring ‘‘at a fraction of the original these facts when the decision was made to had retired last May. I spoke with the new cost’’ the ‘‘invaluable’’ results of the Japa- forego prosecution of the Japanese partici- PIO, who told me that Detrick no longer nese experiments, have we not put ourselves pants. These declassified ‘‘top secret’’ docu- would discuss past research activities, but on the same level as the Japanese experiments disclose the details and raise dis- would disclose information only on current menters? Some politicians and generals like turbing questions about the role of numerous projects. Later that day I telephoned the re- to speak of the harsh realities of the world in highly placed American officials at the time. tired PIO at his home. He informed me that order to act both bestially and stupidly. The The first public indications that American upon retiring he was told to ‘‘get rid of that world clearly does contain harsh realities prisoners of war were among the human vic- stuff’’, meaning incriminating documents re- but somehow there is a sort of potential di- tims appeared in the published summary of lating to Japanese medical war crimes. vine justice basic decency generally would the Khabarovsk trial. A witness stated that Detrick no longer is a viable research center have been the smartest course in the long a researcher was sent to the camps where for historians. run. Unfortunately there are few instances U.S. prisoners were held to ‘‘study the im- 3. Within the past 2 weeks, I was informed where it was actually taken. munity of Anglo-Saxons to infectious dis- that the Pentagon, for ‘‘space reasons’’, de- The spirit and psychological climate which eases’’ [1, p. 268]. The summary noted: ‘‘As cided to rid itself of all biological warfare made possible the horrors described in this early as 1943, Minata, a researcher belonging documents in its holdings prior to 1949. The article are not dead; in fact, they seem to be to Detachment 731, was sent to prisoner of date is important, because all war crimes flourishing in the world. The torture cham- war camps to test the properties of the blood trials against accused Japanese war crimi- bers are busy in Latin America and else- and immunity to contagious diseases of nals were terminated by 1949. Thus, current where, and the United States provides eco- American soldiers’’ [1, p. 415]. Pentagon materials could not implicate al- nomic and military aid to the torturers. The On June 7, 1947, Colonel Alva C. Carpenter, leged Japanese war criminals. Fortunately, a earth-and-people destroying was waged by chief of General Douglas MacArthur’s legal private research facility in Washington vol- the United States not long ago in Vietnam, staff, in a top secret cable to Washington, ex- unteered to retrieve the documents in ques- the apparently similar war being waged by pressed doubt about the reliability of early tion. This research facility now holds the the Soviets in Afghanistan, the horrors of reports of Japanese biological warfare, in- documents, is currently cataloguing them the Pol Pot regime in Cambodia, and the cluding an allegation by the Japanese Com- (estimated completion time, at least twelve contemplation with some equanimity of munist Party that experiments had been per- months), and is guarding the documents ‘‘limited’’ nuclear war by strategists here formed ‘‘on captured Americans in Mukden under ‘‘tight security.’’ and in the Soviet Union display the spirit of and that simultaneously research on similar General Ishii. If we are to survive as human lines was conducted in Tokyo and Kyoto.’’ Your proposed legislation must be acted beings, or more accurately, if we are to be- On June 27, Carpenter again cabled Wash- upon promptly. Many of the victims of Japa- come fully human, that spirit must have no ington, stating that further information nese war crimes are elderly. Some of the vic- place among men.—Robert Gomer (professor strengthened the charges and ‘‘warrants con- tims pass away daily. Their suffering should of chemistry at the University of Chicago, clusion’’ that the Ishii group had violated receive recognition and some compensation. and member of the Board of Directors of the the ‘‘rules of land warfare.’’ He warned that Moreover, History is being cheated. As docu- Bulletin.) the Soviets might bring up evidence of Japa- ments disappear, the story of war crimes Long-secret documents, secured under the nese use of biological warfare against China committed in the War In The Pacific be- U.S. Freedom of Information Act, reveal de- and ‘‘other evidence on this subject which comes increasingly difficult to describe. The tails of one of the more gruesome chapters of may have resulted from their independent end result will be a distorted picture of re- the Pacific War; Japan’s use of biological investigation in Manchuria and in Japan.’’ ality. As an Historian, I cannot accept this warfare against China and the Soviet Union. He added that ‘‘this expression of opinion’’ inevitability without vigorous protest. For years the Japanese and American gov- was not a recommendation that Ishii’s group Please excuse the length of this letter. ernments succeeded in suppressing this be charged with war crimes. However, I do hope that some of the argu- story. Cecil F. Hubbert, a member of the State, ments I made in comments above will be of Japan’s desire to hide its attempts at War, Navy Coordinating Committee, in a some assistance to you as you press for pas- ‘‘public health in reverse’’ is understandable. July 15, 1947 memo, recommended that the sage of the proposed legislation. I will be The American government’s participation in story be covered up but warned that it might happy to be of any additional assistance to the cover-up, it is now disclosed, stemmed leak out if the Russian prosecutor brought you, should you wish to call upon me for fur- from Washington’s desire to secure exclusive the subject up during the Tokyo war crimes ther information or documentation. possession of Japan’s expertise in using trials and added that the Soviets might have Sincerely yours, germs as lethal weapons. The United States found out that ‘‘American prisoners of war SHELDON H. HARRIS, granted immunity from war crimes prosecu- were used for experimental purposes of a BW Professor of History emeritus, tion to the Japanese participants, and they nature and that they lost their lives as a re- California State University, Northridge. in turn handed over their laboratory records sult of these experiments.’’

VerDate 29-OCT-99 22:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.183 pfrm02 PsN: S10PT2 S14544 CONGRESSIONAL RECORD — SENATE November 10, 1999 In his book, The Pacific War Professor and Japanese desire to cooperate with U.S. Ishii and his colleagues were cooperating Ienaga Saburo added a few new details about Additional information . . . probably can be fully, were preparing voluminous reports, Unit 731 and described fatal vivisection ex- obtained by informing Japanese involved and had agreed to supply photographs of ‘‘se- periments at Kyushu Imperial University on that information will be kept in intelligence lected examples of 8,000 slides of tissues from downed American fliers [2, pp. 188–90]. channels and not employed for ‘war crimes’ autopsies of humans and animals subjected The biological warfare project began short- evidence. to BW experiments.’’ Human experiments, ly after the Manchurian Incident in 1931, Documentary immunity from ‘‘war they pointed out, were better than animal when Japan occupied China’s Northeast crimes’’ given to higher echelon personnel experiments: provinces and when a Japanese Army sur- involved will result in exploiting twenty ‘‘This Japanese information is the only geon, Ishii Shiro, persuaded his superiors years experience of the director, former Gen- known source of data from scientifically that microbes could become an inexpensive eral Ishii, who can assure complete coopera- controlled experiments showing the direct weapon potentially capable of producing tion of his former subordinates, indicate the effect of BW agents on man. In the past it enormous casualties [1, pp. 105–107; 3]. Ishii, connection of the Japanese General Staff and has been necessary to evaluate the effects of who finally rose to the rank of lieutenant- provide the tactical and strategic informa- BW agents on man from data obtained general, built a large, self-contained instal- tion’’ [7]. through animal experimentation. Such eval- lation with sophisticated germ- and insect- A report on December 12, 1947, by Dr. uation is inconclusive and far less complete breeding facilities, a prison for the human Edwin V. Hill, chief, Basic Sciences, Camp than results obtained from certain types of experimentees, testing grounds, an arsenal Detrick, Maryland, described some of the human experimentation.’’ for makin germ bombs, an airfield, its own technical data secured from the Japanese Wetter and Stubblefield also stated that special planes and a crematorium for the during an official visit to Tokyo by Hill and the Soviet Union was believed to be in pos- human victims. Dr. Joseph Victor [8]. Acknowledging the session of ‘‘only a small portion of this tech- When Soviet tanks crossed the Siberian- ‘‘wholehearted cooperation of Brig. Gen. nical information’’ and that since ‘‘any ‘war Manchurian border at midnight on August 8, Charles A. Willoughby,’’ MacArthur’s intel- crimes’ trial would completely reveal such 1945, Japan was less than a week away from ligence chief, Hill wrote that the objectives data to all nations, it is felt that such pub- unconditional surrender. In those few days of were to obtain additional material clarifying licity must be avoided in the interests of de- grace the Japanese destroyed their biologi- reports already submitted by the Japanese, fense and national security of the U.S.’’ cal warfare installations in China, killed the ‘‘to examine human pathological material They emphasized that the knowledge gained remaining human experimentees (‘‘It took 30 which had been transferred to Japan from by the Japanese from their human experi- hours to lay them in ashes [4]’’) and ship out BW installations,’’ and ‘‘to obtain protocols ments ‘‘will be of great value to the U.S. BW most of their personnel and some of the more necessary for understanding the significance research program’’ and added: ‘‘The value to valuable equipment to South Korea [1, pp. 43, of the pathological material.’’ U.S. of Japanese BW data is of such impor- 125, 130–31]. Reports that some equipment Hill and Victor interviewed a number of tance to national security as to far outweigh was slipped into Japan are confirmed by Japanese experts who were already assem- the value accruing from war crimes prosecu- American documents which reveal that bling biological warfare archival material tion.’’ slides, laboratory records and case histories and writing reports for the United States. A July 15 response to the Wetter- of experiments over many years were suc- They checked the results of experiments Stubblefield memo by Cecil F. Hubbert, a cessfully transported to Japan [4]. with various specific human, animal and member of the State, War, Navy Coordi- A ‘‘top secret’’ cable from Tokyo to Wash- plant diseases, and investigated Ishii’s sys- nating Committee, agreed with its rec- ington on May 6, 1947, described some of the tem for spreading disease via aerosol from ommendations but warned of potential com- information being secured: planes. Dr. Ota Kiyoshi described his anthrax plications because ‘‘experiments on human ‘‘Statements obtained from Japanese here experiments, including the number of people beings . . . have been condemned as war confirm statements of USSR pris- infected and the number who died Ishii re- crimes by the International Military Tri- oners. . . Experiments on humans ported on his experiments with botulism and bunal’’ in Germany and that the United were . . . described by three Japanese and brucellosis. Drs. Hayakawa Kiyoshi and States ‘‘is at present prosecuting leading confirmed tacitly by Ishii; field trials Yamanouchi Yujiro gave Hill and Victor the German scientists and medical doctors at against Chinese took place ... scope of pro- results of other brucellosis tests, including Nuremberg for offenses which included ex- gram indicated by report . . . that 400 kilo- the number of human casualties. periments on human beings which resulted grams [880 lbs.] of dried anthrax organisms Hill pointed out that the material was a fi- in the suffering and death of most of those destroyed in August 1945. . . . Reluctant nancial bargain, was obtainable nowhere experimented upon’’ [10]. statements by Ishii indicate he had superiors else, and concluded with a plea on behalf of Hubbert raised the possibility that the (possibly general staff) who . . . authorized Ishii and his colleagues: whole thing might leak out if the Soviets the program. Ishii states that if guaranteed ‘‘Specific protocols were obtained from in- were to bring it up in cross-examining major immunity from ‘‘war crimes’’ in documen- dividual investigators. Their descriptions of Japanese war criminals at the Tokyo trial tary form for himself, superiors and subordi- experiments are detailed in separate reports. and cautioned: nates, he can describe program in detail. These protocols . . . indicate the extent of ex- ‘‘It should be kept in mind that there is a Ishii claims to have extensive theoretical perimentation with infectious diseases in remote possibility that independent inves- high-level knowledge including strategic and human and plant species. tigation conducted by the Soviets in the tactical use of BW on defense and offense, Evidence gathered . . . has greatly supple- Mukden area may have disclosed evidence backed by some research on best agents to mented and amplified previous aspects of that American prisoners-of-war were used for employ by geographical areas of Far East, this field. It represents data which have been experimental purposes of a BW nature and and the use of BW in cold climates’’ [5, 6]. obtained by Japanese scientists at the ex- that they lost their lives as a result of these A top secret Tokyo headquarters ‘‘memo- penditure of many millions of dollars and experiments.’’ randum for the record’’ (also dated May 6), years of work. Information has accrued with Despite these risks, Hubbert concurred gave more details: ‘‘USSR interest in Japa- respect to human susceptibility to those dis- with the Wetter-Stubblefield recommenda- nese BW personnel arises from interroga- eases as indicated by specific infectious tion that the issue be kept secret and that tions of two captured Japanese formerly as- doses of bacteria. Such information could the Japanese biological warfare personnel be sociated with BW. Copies of these interroga- not be obtained in our own laboratories be- given immunity in return for their coopera- tions were given to U.S. Preliminary cause of scruples attached to human experi- tion. He suggested some changes for the final investigation[s] confirm authenticity of mentation. These data were secured with a position paper, including the following cas- USSR interrogations and indicate Japanese total outlay of Y [yen] 250,000 to date, a mere uistry: ‘‘The data on hand . . . does not ap- activity in: pittance by comparison with the actual cost pear sufficient at this time to constitute a a. Human experiments of the studies. basis for sustaining a war crimes charge b. Field trials against Chinese Furthermore, the pathological material against Ishii and/or his associates.’’ c. Large scale program which has been collected constitutes the Hubbert returned to the subject in a d. Research on BW by crop destruction only material evidence of the nature of these memorandum written jointly with E.F. e. Possible that Japanese General Staff experiments. It is hoped that individuals who Lyons, Jr., a member of the Plans and Policy knew and authorized program voluntarily contributed this information Section of the War Crimes Branch. This top f. Thought and research devoted to stra- will be spared embarrassment because of it secret document stated, in part: tegic and tactical use of BW. and that every effort will be taken to pre- ‘‘The Japanese BW group is the only Data . . . on above topics are of great in- vent this information from falling into other known source of data from scientifically telligence value to U.S. Dr. Fell, War Depart- hands.’’ controlled experiments showing direct ef- ment representative, states that this new A memo by Dr. Edward Wetter and Mr. H.I. fects of BW agents on humans. In addition, evidence was not known by U.S. [6]. Stubblefield, dated July 1, 1947, for restricted considerable valuable data can be obtained Certain low echelon Japanese are now circulation to military and State Depart- from this group regarding BW experiments working to assemble most of the necessary ment officials also described the nature and on animals and food crops. . .. technical data. . . . Information to the quantity of material which Ishii was begin- Because of the vital importance of the Jap- present have [sic] been obtained by persua- ning to supply, and noted some of the polit- anese BW information . . . the Working sion, exploitation of Japanese fear of USSR ical issues involved [9]. They reported that Group, State-War-Navy Coordinating Sub-

VerDate 29-OCT-99 00:30 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.161 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14545 committee for the Far East, are in agree- thing was seen to come out of a Japanese skimmed directly from the surface of the ment that the Japanese BW group should be plane. Later, there was a heavy infestation culture medium [1, pp. 13–14]. informed that this Government would retain of fleas and 99 people came down with bu- Total bacteria production capacity at this in intelligence channels all information bonic plague, with all but one dying. Yet the one unit was eight tons per month [1, pp. 266– given by the group on the subject of BW. rats in the city did not have plague, and tra- 67]. This decision was made with full consider- ditionally, outbreaks of plague in the human Euphemistically called a ‘‘water purifi- ation of and in spite of the following: population follow an epizootic in the rat pop- cation unit,’’ General Ishii’s organization (a) That its practical effect is that this ulation. also worked on medical projects not directly Government will not prosecute any members In the next few years a number of other related to biological warfare. In the Asian of the Japanese BW group for War Crimes of Japanese biological warfare attacks were al- countries it overran, the Japanese Army a BW nature. leged by the Chinese. Generally, they were conscripted local young women to entertain (b) That the Soviets may be independent based on similar cause and effect observa- the troops. The medical difficulties resulting investigation disclose evidence tending to es- tions. One incident, however, was inves- from this practice became acute. In an effort tablish or connect Japanese BW activities tigated with more care. to solve the problem, Chinese women con- with a war crime, which evidence the Soviets On the morning of November 4, 1941, a Jap- fined in the detachment’s prison ‘‘were in- may attempt to introduce at the Inter- anese plane circled low over Changde, a city fected with syphillis with the object of inves- national Military Trial now pending at in Hunan Province. Instead of the usual tigating preventive means against this dis- Tokyo. cargo of bombs, the plane dropped grains of ease. [1, p. 357]. (c) That there is a remote possibility that wheat and rice, pieces of paper and cotton Another experiment disclosed at the the evidence which may be disclosed by the wadding, which fell in two streets in the Khabarovsk trial was the ‘‘freezing project.’’ Soviets would include evidence that Amer- city’s East Gate District. During the next During extremely cold winter weather pris- ican prisoners of war were used for experi- three weeks six people living on the two oners were led outdoors: mental purposes by the Japanese BW group’’ streets died, all with symptoms suggesting ‘‘Their arms were bared and made to freeze [11]. plague. Dr. Chen Wen-kwei, a former League with the help of an artificial current of air. In the intervening years the evidence that of Nations plague expert in India, arrived This was done until their frozen arms, when captured American soldiers were among the with a medical team just as the last victim struck with a short stick, emitted a sound human guinea pigs used by Ishii in his lethal died. He performed the autopsy, found symp- resembling that which a board gives out germ experiments remained ‘‘closely held’’ toms of plague which were confirmed by cul- when it is struck’’ [1, pp. 289, 21–22, 357–58]. Once back inside, various procedures for in the top echelons of the U.S. government. ture and animal tests. Again, there was no thawing were tried. One account of Unit 731’s A ‘‘confidential’’ March 13, 1956, Federal Bu- plague outbreak in the rat population [12, pp. prison, adjacent to the laboratories, de- reau of Investigation internal memorandum, 195–204]. scribed men and women with rotting hands addressed to the ‘‘Director, FBI (105–12804)’’ On March 31, 1942, the Nationalist govern- from which the bones protruded—victims of from ‘‘SAC, WFO (105–1532)’’ stated in part: ment stated that a follow-up investigation the freezing tests. A documentary film was ‘‘Mr. James J. Kelleher, Jr., Office of Spe- by Dr. Robert K.S. Lim, Director of the Chi- cial Operations, DOD [Department of De- made of one of the experiments. nese Red Cross, and Dr. R. Politzer, inter- Simulated field tests were carried out at fense], has volunteered further comments to nationally known epidemiologist and former Unit 731’s Anta Station Proving Ground. the effect that American Military Forces member of the League of Nations Anti-Epi- Witnesses described experiments in which after occupying Japan, determined that the demic Commission, who was then on a war- various infecting agents were used. Nishi Japanese actually did experiment with ‘‘BW’’ time assignment to the Chinese government, Toshihide, Chief of the Training Division, agents in Manchuria during 1943–44 using had confirmed Chen’s findings. testified: American prisoners as test victims. . . . Western reaction to the Chinese charges ‘‘In January 1945 . . . I saw experiments in Kelleher added that . . . information of the was mixed. Harrison Forman of the New inducing gas gangrene, conducted under the type in question is closely controlled and re- York Times, and Dr. Thomas Parran, Jr., the direction of the Chief of the 2nd Division, garded as highly sensitive.’’ U.S. Surgeon-General, thought the Chinese Col. Ikari, and researcher Futaki. Ten pris- It is perhaps not surprising that it has had made a case. But U.S. Ambassador Clar- oners . . . were tied facing stakes, five to ten taken so long for the full story to be re- ence E. Gauss was uncertain in an April 11, metres apart. . . . The prisoners’ heads were vealed. Over the years fragments have occa- 1942, cable to the State Department, while covered with metal helmets, and their bodies sionally leaked out, but each time were met Dr. Theodor Rosebury, the well-known with screens . . . only the naked buttocks with denials, initially by the Japanese and American bacteriologist, felt that failure to being exposed. At about 100 metres away a later by the United States. During the Ko- produce plague bacilli from cultures of the fragmentation bomb was exploded by elec- rean War when China accused the United material dropped at Changde weakened the tricity. . . . All ten men were wounded . . . States of employing updated versions of Ja- Chinese claim [13, pp. 109–10]. Chen’s full re- and sent back to the prison. . . . I later pan’s earlier biological warfare tactics, not port, in which he suggested that it was fleas asked Ikari and research Futaki what the re- only were the charges denied, but it was also that were infected rather than the other ma- sults had been. They told me that all ten claimed that there was no proof of the ear- terial, was not made readily available by the men had . . . died of gas gangrene.’’ [1, pp. lier Japanese actions. Nationalist government. 289–90]. At the time of the Khabarovsk trial, the Later disclosures of Japanese techniques Among the many wartime recollections United States was pressing the Soviet Union would support Chen’s reasoning: Fleas, after published by Japanese exservicemen are a to return thousands of Japanese prisoners being fed on plague-infected rats, were swad- few by former members of Unit 731 [15]. held in Siberian labor camps since the end of dled in cotton and wrapped in paper, while Akiyama Hiroshi told his story in two maga- World War II. When news of the trial reached grain was included in the mix in the hope zine articles and Kimura Bumpei, a former Tokyo, it was dismissed as ‘‘propaganda.’’ that it would attract rats so that the fleas captain, has published his memoirs [16]. William J. Sebald, MacArthur’s diplomatic would find a new host to infect and thus Sakaki Ryohei, a former major, has de- chief, was quoted in a United Press story in start a ‘‘natural’’ epidemic. scribed how plague was spread by air-drop- the Nippon Times on December 29, 1949, as At the December 1949 Soviet trial at ping rats and voles and has given details of saying the story of the trial might just be Khabarovsk evidence was produced sup- the flea ‘‘nurseries’’ developed by Ishii for fiction and that it obviously was a ‘‘smoke porting the Nationalist Chinese biological rapid production of millions of fleas [17]. screen’’ to obscure the fact that the Soviets warfare charges [14]. Witnesses testified that A more dramatic confirmation of Ishii’s had refused to account for the missing Japa- films had been made of some tests, including work was an hour-long Japanese television nese prisoners. the 1940 attack on Ningbo. Japanese wit- documentary produced by Yoshinaga Haruko It is possible that some of Ishii’s attacks nesses and defendants confirmed other bio- and shown by the Tokyo Broadcasting Sys- went undetected, either because they were logical warfare attacks, such as the 1941 tem. A Washington Post dispatch on Novem- failures or because the resulting outbreaks Changde incident. Military orders, railroad ber 19, 1976, reported: of disease were attributed to natural causes waybills for shipment of biological warfare ‘‘In the little-publicized television docu- by the Chinese. However, some were recog- supplies, gendarmerie instructions for send- mentary on the germ warfare unit, nized. Official archives of the People’s Re- ing prisoners to the laboratories, and other Yoshinaga laid bare secrets closely held in public of China list 11 cities as subjected to incriminating Japanese documents were in- Japan during and since the war. . . . [She] biological warfare attacks, while the number troduced in evidence [1, pp. 19–20, 23–24]. traveled throughout Japan to trace down 20 of victims of artificially disseminated plague Describing the operation of Unit 731, the former members of the wartime unit. . . . alone is placed at approximately 700 between main biological warfare installation, located Four of the men finally agreed to help, and 1940 and 1944 [12, p. 11]. outside Harbin, the transcript summary the reporter found their testimony dove- A few of the Chinese allegations received stated: ‘‘Experts have calculated . . . that it tailed with reports of war crime trials held international press coverage at the time. was capable of breeding, in the course of one in the Soviet Union.’’ The Chinese Nationalists claimed that on production cycle, lasting only a few days, no Some of those interviewed by Yoshinaga October 27, 1940, plague was dropped on less than 30,000,000 billion microbes. . . . That claimed that they had told their stories to Ningbo, a city near Shanghai. The incident explains why . . . bacteria quantities [are American authorities. Eguchi said that he was not investigated in a scientific way, but given] in kilograms, thus referring to the ‘‘was the second to be ordered to G.H.Q. the observed facts aroused suspicion. Some- weight of the thick, creamy bacteria mass [General Headquarters]’’ and ‘‘they took a

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record’’ of his testimony. Takahashi, an ex- health and environmental problems that are WAR DEPARTMENT, surgeon and Army major, stated: ‘‘I went to unique and beyond our present experience?’’ CLASSIFIED MESSAGE CENTER, the G.H.Q. twice in 1947. Investigators made [20]. CFE Tokyo Japan (Carpenter Legal Section). me write reports on the condition that they Perhaps President Richard Nixon had some Reurad WAR 80671, 22nd June 47, held an- will protect me from the Soviets.’’ of these things in mind when, on November other conference with Tavenner of IPS who Kumamoto, an ex-flight engineer, said that 25, 1969, he renounced the use of biological reports following. after the war General Ishii went to America warfare, declaring: and ‘‘took his research data and begged for One on 27th October 1940 Japanese planes ‘‘Biological weapons have massive unpre- scattered quantities of wheat grain over remission for us all’’ [4]. dictable and potentially uncontrollable con- Declassified position papers indicate a dif- Ningpo. Epidemic of bubonic plague broke sequences. They may produce global out 29th October 40. Karazawai affidavit in ference of opinion on how to deal with the epidemics and impair the health of future question of immunity. The War Department para 3 below confirms this as Ishii Detach- generations. I have therefore decided that ment experiment. 97 plague fatalities. favored acceding to Ishii’s demands for im- the U.S. shall renounce the use of lethal bio- munity in documentary form. The State De- logical agents and weapons, and all other 2. Strong circumstantial evidence exists of partment, however, cautioned against put- methods of biological warfare’’ [21]. use of bacteria warfare at Chuhsien, ting anything in writing which might later Some research on defensive aspects was Kinghwa and Changteh. At Chuhsien Japa- cause embarrassment, arguing that if the permitted by the ban. The line between de- nese planes scattered rice and wheat grains Japanese were told the information would be fense and offense is admittedly a thin one. mixed with fleas on 4th October 1940. Bu- kept in classified intelligence channels that Nearly a year after the Nixon renunciation bonic plague appeared in same area on 12th would be sufficient protection. In any event, of biological warfare, Seymour Hersh wrote November. Plague never occurred in a satisfactory arrangement apparently was that the programs the Army wanted to con- Chuhsien before occurrence. Fleas were not worked out as none of the biological warfare tinue ‘‘under defensive research included a properly examined to determine whether personnel was subsequently charged with significant effort to develop and produce vir- plague infected. At Kinghwa, located be- war crimes and the United States obtained ulent strains of new biological agents, then tween Ningpo and Chupuien, 3 Japanese full details of Japan’s program. develop defenses against them. ‘This sounds planes dropped a large quantity of small The Japanese experts who, Dr. Hill hoped, very much like what we were doing before,’ granules on 28th November 1940. Microscopic would ‘‘be spared embarrassment,’’ not only one official noted caustically’’ [22]. examination revealed presence of numerous used their human guinea pigs in experiments gram-negative bacilli possessing * * *. to determine lethal dosages but on occa- There is a difference of opinion among ob- sion—in their pursuit of exact scientific in- servers as to whether the United States and * * * * * formation—made certain that the other major powers have indeed given up on experimentees did not survive. A group biological warfare. Some believe the issue is A JUDGE’S VIEW a matter of the past. However, its history would be brought down with a disease and, as (By Bert V.A. Ro¨ ling) the infection developed, individuals would be has been so replete with deception that one selected out of the group and killed. Autop- cannot be sure. One thing seems certain: The As one of the judges in the International sies were then performed, so that the story did not end with Japan’s use of biologi- Military Tribunal for the Far East, it is a progress of the disease could be ascertained cal war fare against China; there are addi- bitter experience for me to be informed now at various time-frames. tional chapters to be written. that centrally ordered Japanese war crimi- General Kitano Masaji and Dr. Kasahara Available documents do not reveal whether nality of the most disgusting kind was kept Shiro revealed this practice in a report pre- anyone knows the names of any of the thou- secret from the Court by the U.S. govern- pared for U.S. officials describing their work sands of Chinese Mongolians, Russians, ment. This Japanese war criminality con- on hemorrhagic fever: ‘‘half-breeds’’ and Americans whose lives sisted, in part, of using human beings, pris- ‘‘Subsequent cases were produced either by were prematurely ended by massive doses of oners of war, Chinese as well as American, as blood or blood-free extracts of liver, spleen plague, typhus, dysenteries, gas gangrene, ‘‘guinea pigs’’ in an endeavor to test the im- or kidney derived from individuals sacrificed typhoid, hemorrhagic fever, cholera, anthax, pact of specific biological warfare weapons. at various times during the course of the dis- tularemia, smallpox, tsutsugamushi and Research on and production of these weapons ease. Morphine was employed for this pur- glanders; or by such grotesqueries as being was not forbidden at that time. The Protocol pose’’ [18]. pumped full of horse blood; having their liv- of Geneva, 1925, forbade their use only in bat- Kitano and Dr. Kasahara Yukio described ers destroyed by prolonged exposure to X- tle. But to use human beings for biological the ‘‘sacrificing’’ of a human experimentee rays or being subjected to vivisection. experiments, causing the death of at least when he apparently was recovering from an It is known, however, that because of the 3,000 prisoners of war, was among the gravest attack of tick encephalitis: ‘‘national security’’ interests of the United war crimes. ‘‘Mouse brain suspension . . . was injected States, General Ishii and many of the top The first information about these Japanese .. . and produced symptoms after an incuba- members of Unit 731 lived out their full lives, atrocities became known through the trial tion period of 7 days. Highest temperature suffering only the natural afflictions of old at Khabarovsk, December 25 to 30, 1949. I re- was 39.8° C. This subject was sacrificed when age. A few, General Kitano among them, en- member reading about it [1], and not believ- fever was subsiding, about the 12th day.’’ joyed exceptional good health and at the ing its contents. I could not imagine that Clearly, U.S. biological warfare experts time of writing were living in quiet retire- these things had happened, without the learned a lot from their Japanese counter- ment. Court in Tokyo being informed. According to parts. While we do not yet know exactly how GENERAL HEADQUARTERS, SUPREME the book about the trial all the facts were much this information advanced the Amer- COMMANDER FOR THE ALLIED POW- transmitted to the chief prosecutor, Joseph ican program, we have the Fort Detrick doc- ERS, B. Keenan. But some of the information was tors’ testimony that it was ‘‘invaluable.’’ Mar 27, 47. incorrect. The book mentions that the Mili- And it is known that some of the biological tary Tribunal was informed of the wicked weapons developed later were at least simi- BRIEF FOR THE CHIEF OF STAFF experiements done by the Tama division in lar to ones that had been part of the Japa- 1. This has to do with Russian requests for Nanking, and that it requested the American nese project. Infecting feathers with spore transfer of the former Japanese expert in prosecution to submit more detailed proof [1, diseases was one of Ishii’s achievements and Bacteriological Warfare. p. 443]. Such Court procedures would not feather bombs later became a weapon in 2. The United States has primary interest, have been in conformity with Anglo-Saxon America’s biological warfare arsenal [19]. has already interrogated this man and his in- Dr. Leroy D. Fothergill, long-time sci- practice. It is more likely that the informa- formation is held by the U.S. Chemical Corps tion was given to the chief prosecutor. entific advisor to the U.S. Army’s Biological classified as TOP SECRET. Laboratories at Fort Detrick, once specu- 3. The Russian has made several attempts A further feature of the Khabarovsk book lated upon some of the possible spin-off ef- to get at this man. We have stalled. He now is the strange character of the confessions fects of a biological warfare attack: hopes to make his point by suddenly claim- made by the accused. Some are quoted as ‘‘Everything that breathes in the exposed ing the Japanese expert as a war criminal. saying that they acted upon the special se- area has an opportunity to be exposed to the cret orders of the Japanese emperor [1, pp. 4. Joint Chiefs of Staff direct that this not agent. This will involve vast numbers of 10, 519]. This was bound to cause doubts be done but concur in a SCAP controlled in- mammals, birds, reptiles, amphibians, and about its credibility. The emperor does not terrogation requiring expert assistance not insects. . . . Surveys have indicated sur- give orders to perform specific military acts. available in FEC. prising numbers of wild life inhabiting each Everything that is ordered by the govern- square mile of countryside. It is possible 5. This memorandum recommends: ment and its officials is ‘‘in the name of the that many species would be exposed to an a. Radio to WD for two experts. emperor.’’ But his role is remarkable in that agent for the first time in their evolutionary b. Letter to USSR refusing to turn over he may not make decisions; he has only to history . . . Would it create the basis for pos- Japanese expert. confirm decisions of the government. The sible genetic evolution of microorganisms in c. Check Note to International Prosecution ‘‘imperial will is decisive, but it derives new directions with changes in virulence of Section initiating action on the JCS ap- wholly from the government and the small some species? Would it establish public proved interrogations. circle around the throne. Titus stresses the

VerDate 29-OCT-99 00:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.169 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14547 ‘‘ratification function’’ of the reached con- only deadly research on living persons, but ington) be shown recent cables because he is sensus [2, p. 321]. It is clear that this impe- also the use of biological weapons against an expert and can appreciate the value of the rial confirmation gives a decision an excep- the Chinese. And all this so that the United Japanese BW material. tional authority: the command of the em- States could obtain exclusive access to the 7. Top secret Memorandum for the Record peror is obeyed. In fact, however, the em- information, gained at the cost of thousands (May 6, 1947) indicated it was in response to peror has a kind of loud-speaker function. He of human lives. ‘‘War Department Radio W–94446 & SWNCC is heard, and obeyed, but he speaks only on Knowledge about what kind of bargain was 351/1 and was signed ‘‘RPM 26–6166’’. the recommendation of the government. being struck in the biological weapons area 8. ‘‘Summary Report on B.W. Investiga- Very seldom does the emperor act in a per- may strengthen the perception of the repul- tions.’’ Dated Dec. 12, 1947, and addressed to sonal manner. One such occasion was his siveness of war. It may also show the danger General Alden C. Waitt. criticism of the behavior of the Japanese of moral depravity, in peacetime, within the 9. Dated july 1, 1947, and titled, ‘‘Interroga- army in Manchuria (the so-called Manchu- circles that have the instruments of military tion of Certain Japanese by Russian Pros- rian Incident). Another related to his role in power in their hands. ecutor,’’ this memo also lists some of the connection with the capitulation at the end END NOTES material already obtained, including a ‘‘60 of World War II. Despite the atomic bombs page report’’ covering experiments on hu- 1. Materials on the Trial of Former Serv- and the entry of the Soviet Union into the mans and notes that other data confirms, icemen of the Japanese Army Charged with war, the cabinet was divided and could not supplements and complements U.S. research Manufacturing and Employing Bacterio- come to a decision because the military and ‘‘may suggest new fields for future re- logical Weapons (Moscow: Foreign Lan- members refused to surrender. Their motiva- search.’’ Record Group No. 153, National Ar- guages Publishing House, 1950), pp. 19–21. tion: the existence of the imperial system chives. This volume is a summary of the transcript was not sufficiently guaranteed. In a very 10. This July 15, 1947, memo is addressed to of the Soviet trial in Khabarovsk, Siberia, exceptional move, the emperor was brought Commander J.B. Cresap and signed ‘‘Cecil F. Dec. 20–25, 1949, of 12 captured Japanese in to make the decision. He took the risk, Hubbert, member working party (SWNCC 351/ Army personnel charged with participation and decided for immediate capitulation. 2/D).’’ Thus the emphasis on the personal secret in the biological warfare program. For a 11. Undated and titled ‘‘SFE 182/2,’’ it was involvement of the emperor in the later reference to the program see Outline part of National Archives Record Group No. Khabarovsk trial account make it appear History of Science and Technology in Japan, 153. untrustworthy. The whole setup could be (‘‘Nihon Kagaku Gijutsu-shi Taikei’’), Vol. 25 12. ‘‘Report of the International Scientific perceived as a source of arguments in favor (Medicine 2, 1967), pp. 309–10. This account Commission for the Investigation of the of indicting the emperor. I remember at that states that the biological warfare program Facts Concerning Bacterial Warfare in Korea time, writing to show the danger of national was organized in 1933 and that ‘‘for special and China,’’ Peking, 1952. postwar judgments which could easily be research on bacteria, members of the epi- 13. Theodor Rosebury, Peace or Pestilence misused for political purposes, and giving demic-prevention section shall be sent to (New York: McGraw-Hill, 1949). the Khabarovsk trial as an example. I must Manchuria.’’ It also stated that little was 14. In order to ascertain the Nationalist po- state now that the Japanese misbehavior as known about the program after the war since sition on this issue after the passage of some described in the judgment, has been con- all records were said to have been destroyed 40 years, I checked with Taipei and am grate- firmed by the recently disclosed American and that the only evidence was that pro- ful to Lieutenant General Teng Shu-wei, of documents. duced at the Khabarovsk trial. It did add, the Nationalist Defense Ministry’s Medical Immunity from prosecution was granted in however, that there were reports that Gen- Bureau, who searched the Taiwan archives. exchange for Japanese scientific findings eral Ishii had avoided prosecution by turning His report is in substantial agreement with concerning biological weapons, based on dis- over his materials to U.S. authorities. I have the records of the People’s Republic in Bei- gusting criminal research on human beings. not seen this volume and am indebted to jing, although less complete. We learn from these documents that it was John Dower, of the University of Wisconsin, 15. Bungei Shunju˜ , Aug. 1955; Jimbutsu considered a bargain: almost for nothing, in- who supplied the citation. O` hrai (July 10, 1956). formation was obtained that had cost mil- 2. Ienaga Saburo, The Pacific War (New 16. ‘‘Terrible Modern Strategic War’’ by lions of dollars and thousands of human York: Pantheon, 1978). Kimura Bumpei. I have not seen this book lives. The American authorities were wor- 3. Although most U.S. documents and the and am relying upon a brief description of it rying only about the prospect of the human Soviet trial summary give Ishii credit for contained in a March 31, 1959, letter from outcry in the United States, which surely originating the biological warfare program, Tokyo attorney Morikawa Kinju to A.L. would have taken place if the American peo- it is possible that he was only the chosen in- Wirin, chief counsel of the American Civil ple had been informed about this ‘‘deal.’’ strument. There are references indicating in- Liberties Union in Los Angeles. The security that surrounds the military terest in the program at higher levels. The 17. Sunday Mainichi, No. 1628 (Jan. 27, makes it possible for military behavior to ‘‘staff officer’’ of Ishii’s Operations Division 1952). deviate considerably from the prevailing was Lieutenant Colonel Miyata, who in real 18. ‘‘Songo-Epidemic Hemorrhagic Fever,’’ public standard, but it is a danger to society life was Prince Takeda [1, p. 40]. Ishii’s friend report dated Nov. 13, 1947, based on interview when such deviation takes place. It leads at court was Gen. Nagata Tetsuzan, long Ja- with General Kitano Masaji and Dr. gradually to contempt for the military, as pan’s top military man [1, pp. 106, 295], while Kasahara Shiro. witness the public attitude in connection the orders establishing the two original 19. ‘‘Feathers as Carriers of Biological War- with military behavior in the Vietnam war. units were reputedly issued by the Emperor fare Agents,’’ Biological Department, Chem- The kind of military behavior that occurred [1, pp. 10, 104, 413]. ical Corps So and C Divisions (Dec. 15, 1950). in connection with the Japanese biological 4. ‘‘A Bruise—Terror of the 731 Corps,’’ 20. Leroy D. Fothergill, M.D., ‘‘Biological weapon atrocities can only contribute fur- Tokyo Broadcasting System television docu- Warfare: Nature & Consequences,’’ Texas ther to this attitude. mentary, produced by Yoshinaga Haruko, State Journal of Medicine (Jan. 1964). Respect for what the Nuremberg judgment shown Nov. 2, 1976. It has also been screened 21. New York Times (Nov. 26, 1969). called ‘‘the honorable profession of arms’’ is in Europe but not in the United States. How- 22. Washington Post (Sept. 20, 1970). needed. Military power is still indispensable ever, the Washington Post (Nov. 19, 1976) car- This article is based, in part, on an article in our present world to provide for peace and ried a lengthy news story describing the by the author in Bulletin of Concerned Asian security, so it is desirable for it to be held in film. In an interview with Post reporter Scholars (P.O. Box W, Charlemont, MA high esteem. Power which is despised may John Saar, Yoshinaga said five former mem- 01339), 12:4, pp. 2–15. become dangerous. Moreover, only if the bers of the biological warfare unit told her military is regarded with respect, will it at- they were promised complete protection in By Mr. SHELBY (for himself and tract the personnel it should have. return for cooperation with U.S. authorities. Mr. BRYAN): The same is true of diplomatic service, ‘‘All the important documents were given to S. 1903. A bill to amend the privacy which needs national and international re- the United States,’’ she said. provisions of the Gramm-Leach-Bliley spect. This respect will disappear if the serv- 5. This ‘‘top secret’’ cable [C–52423] also re- Act; to the Committee on Banking, veals that the first of the biological warfare ice indulges in subversive activities, as the Housing, and Urban Affairs. U.S. diplomatic mission did in Iran. That experts to be sent from Washington to Japan diplomatic misbehavior in Iran led to devel- had already arrived, referring to ‘‘Dr. Nor- CONSUMER’S RIGHT TO FINANCIAL PRIVACY ACT opments—the hostage crisis—which were dis- bert H. Fell’s letters via air courier to Gen- Mr. SHELBY. Mr. President, I rise astrous for the whole world. eral Alden C. Waitt,’’ who was then chief of today to offer the ‘‘Consumer’s Right The documents which have come to light the U.S. Army Chemical Corps. to Financial Privacy Act’’ for myself inform us also of the use of biological weap- 6. Cable from Washington to Tokyo on and Senator BRYAN. This bill would ad- ons in the war against the Chinese people. April 2, 1947, stating that Fell would leave dress the significant deficiencies in the The criminal warfare was not mentioned in for Japan on April 5. A cable from Tokyo to the Tokyo indictment, and not discussed be- the War Department on June 30, 1947, warns Financial Services Modernization Act fore the Military Tribunal. It was kept se- that an ‘‘aggressive prosecution will ad- passed by this very body last week. cret from the world. The immunity granted versely affect U.S. interests’’ and urges that Our bill would provide that con- to the Japanese war criminals covered not Fell (presumably now returned to Wash- sumers have (1) notice of the categories

VerDate 29-OCT-99 00:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.174 pfrm02 PsN: S10PT2 S14548 CONGRESSIONAL RECORD — SENATE November 10, 1999 of nonpublic personal information that Now my basic question is this, why regulation. They probably do not know institutions collect, as well as the would anyone oppose this bill? Only if or care much about affiliates or oper- practices and policies of that institu- you believe the financial services in- ating subsidiaries. What I do know, is tion with respect to disclosing non- dustry cannot make money by doing that if you walked outside and polled public information; (2) access to the business above the table and on the people from New York City to Los An- nonpublic personal information col- level for everyone to see in the ‘‘sun- geles, CA, and everywhere in between, lected and shared; (3) affirmative con- shine’’ if you will. If you believe that they would not only understand finan- sent, that is that the financial institu- financial institutions make money cial privacy, 90 percent of them would tion must receive the affirmative con- only by deceiving their customers or demand financial privacy and the abil- sent of the consumer, also referred to leaving those customers in the dark, ity to tell an institution ‘‘no.’’ as an opt-in, in order to share such in- then maybe you should oppose this bill. Mr. President, in passing the finan- formation with third parties and affili- I do not subscribe to such a belief. cial modernization bill, Congress gave ates. Lastly, my provision would re- Industry will tell you that if they are mammoth financial services companies quire that this federal law not preempt required to include an opt-in, con- significant expanded powers and un- stronger state privacy laws. This bill is sumers will not, and therefore business precedented ability to collect, share, drafted largely after the amendment will shut down. What does that tell you buy and sell a consumers nonpublic Senator BRYAN and I offered in the that consumers won’t choose to opt-in? personal financial information. During Conference on Financial Services Mod- It means people don’t want their infor- the debate, many members promised ernization, but failed to get adopted mation shared. If that is such a prob- they would address privacy, but only in due to the Conference’s rush to pass a lem, it seems to me the business would a separate bill at a later time. Well, financial modernization bill, no matter spend more time educating the con- Mr. President, the time is now and the what the cost. sumer as to the benefits of information bill is the ‘‘Consumer’s Right to Finan- I know some think that opt-in is ex- sharing. That is where the burden to treme, but I have to tell you that is cial Privacy Act.’’ convince the consumer to buy the prod- what the American people want. Over The financial industry may have won the past year I have learned a great uct should be—on the business. the battle by keeping stronger finan- During the financial modernization deal about the activities of institutions cial privacy provisions out of the finan- sharing sensitive personal information. debate, the financial industry, along cial modernization bill. But I assure Many may not be aware, but it had be- with Citigroup communicated to Con- you they have not won the war. They come a common practice for state de- gress that they would not be able to cannot win the war on financial pri- partment of motor vehicles to sell the operate or function appropriately with vacy because the American people just drivers license information, including an opt-in requirement. I find that very won’t allow it. name, height, weight, social security difficult to comprehend, seeing as Mr. President, I ask unanimous con- number, vehicle identification number, Citibank signed an agreement with sent that the agreement on ‘‘Inter- motor vehicle record and more. Some their German affiliates in 1995 afford- national Data Protection’’ be printed states even sold the digital photo ing German citizens the opportunity to in the RECORD. image of each driver’s license. tell Citibank ‘‘no,’’ they did not want There being no objection, the mate- I was not aware of this practice going their personal data shared with third rial was ordered to be printed in the on. When I learned about it and studied parties. I have a copy of the contract RECORD, as follows: it a little closer, I found several groups to prove it. AGREEMENT ON INTERTERRITORIAL DATA who were outraged by this practice. Entitled, Agreement on ‘‘Interterri- PROTECTION One such group was Eagle Forum. An- torial Data Protection’’ one can see BY AND BETWEEN other such group was the ACLU. Still this is an agreement on the sharing of 1. Citicorp Kartenservice GmbH, Wilhelm- another group was the Free Congress customer information between Leuschner-Str. 32, 60329 Frankfurt/M, Foundation. Before I knew it, there Citibank (South Dakota), referred in Germany (CKS) was an ad hoc coalition of groups not the document as CNA, and its German 2. Citicorp Card Operations GmbH, only supporting the issue of driver’s li- affiliates. On page two paragraph 4, en- Bentheimer Straβe 118, 48529 Nordhorn, cense privacy, but demanding it. titled, Use of Subcontractors, Trans- Germany (CCO) Thanks to the hard work of these mission of Data to Third Parties, num- (CKS and CCO hereinafter collectively re- groups, I was able to include an opt-in ber 2 reads: ferred to as: Card Service Companies) provision for people applying for driv- For marketing purposes, the transfer of 3. Citibank (South Dakota), N.A., Attn.: Of- ers licenses at their state department personal data to third parties provided by fice of the President, 701 E. 60th Street of motor vehicles. That provision the Card Service Companies (that is Citicorp North, Sioux Falls, South Dakota 57117 of Germany and Citicorp Card Operations of (CNA) sailed through the Senate and then the 4. Citibank Privatkunden AG, House. That bill was signed into law by Germany) is prohibited, except in those cases where such personal data is transferred to af- Kasernenstraβe 10, 40213 Du¨ sseldorf, President Clinton. Despite significant filiated companies engaged in banking busi- Germany (CIP) lobbying by the direct marketing in- ness in order to market financial services; RECITAL dustry, not one member of the House the transfer of such data beyond the afore- 1. CIP has unrestricted authority to engage or Senate took to the floor and said, ‘‘I mentioned scope to third parties, shall rein banking transactions. As a license of believe we should not allow consumers quire the Card Service Companies’ express VISA International, CIP issues the Citibank to choose whether or not their drivers approval. Such approval is limited to the Visa Card’’. Additionally, since July 1st, license information, including their scope of the Card Customers’ consent as ob- 1995, CIP has been cooperating with the picture, should be sold or traded away tained on the application form. Deutsche Bahn AG in issuing the ‘‘DB/ like an old suit.’’ No, no one objected That ladies and gentlemen, is an opt- Citibank BahnCard’’ with a cash-free pay- to the opt-in. As a result, I believe very in to operate in Germany, by none ment function—hereinafter referred to as ‘‘DB/Citibank-BahnCard’’—on the basis of a strongly that Congress has already set other than Citigroup, the number one proponent of financial modernization. Co-Branding Agreement concluded between the bar on this issue. Opt-in is not just Deutsche Bahn AG and CIP on November reasonable, it is the right thing to do. Now if they can offer financial privacy 18th, 1994. After the conclusion of the Agree- Meanwhile, the ad hoc coalition, to individuals in Germany, why on ment, the co-branding business was extended which is continuing to grow and in- God’s green earth can’t they agree to to include the issuance of the DB/Citibank cludes every ideology from conserv- an opt-in here in America? Do Germans BahnCard without a cash-free payment func- ative to liberal, has signed on to four have special rights over Americans? I tion, known as BahnCard ‘‘pure’’. basic principles with regard to finan- should hope not. 2. CIP transferred to CKS the operations of cial privacy. The principles include no- Mr. President, simply put, this bill is the Citibank Visa credit card business, in- what Americans want. This bill is cluding accounting and electronic data proc- tice, access and consent, but also a re- essing, on the basis of the terms of a Service quirement that weak federal laws not workable as proven in the Citicorp Agreement (non-gratuitous contract for preempt stronger state laws. Our agreement. The truth is that the Amer- services) dated March 24, 1998, supplemented amendment incorporates those four ican people do not understand the in- as of June 1, 1989 and November 30, 1989. De- basic principles. tricacies of banking law or securities tails are contained in the ‘‘CKS Service

VerDate 29-OCT-99 22:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.156 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14549

Agreement’’, according to which CKS per- § 3 INSPECTION RIGHTS OF THE CARD SERVICE g. Policies controlling the production of forms for CIP all services pertaining to the COMPANIES back-up copies. Citibank Visa card business. Concurrent At regular intervals, an (joint) agent ap- 3. Data memory control with the application for a Citibank Visa pointed by the Card Service Companies shall CNA undertakes to implement suitable Card, the Citibank Visa Card customers verify whether CNA complies with the terms measures to prevent unauthorized input into agree to the transfer of their personal data and conditions of this Agreement, and in the data memory and the unauthorized read- to CKS and to those companies entrusted by particular with the data protection law as ing, alteration or deletion of the stored data CKS with such data processing. well as the banking secrecy regulations. CNA on Card Customers. 3. In the Co-Branding Agreement with the shall grant the Card Service Companies’ This shall be accomplished by: Deutsche Bahn AG dated November 18, 1994, agent supervised unimpeded access to the ex- a. An authorization policy for the input of CIP assumed responsibility for the issuance tent necessary to accomplish the inspection data into memory, as well as for the reading, of the DB/Citibank BahnCard as well as for and review of all data processing facilities, alteration and deletion of stored data; the entire management and operations asso- data files and other documentation needed b. Authentication of the authorized per- ciated with this business. for processing and utilizing the personal data sonnel; 4. On the basis of a Service Agreement transferred by the Card Service Companies c. Protective measures for the data input dated April 1, 1995, CIP transferred the entire in a fashion which is consistent with the into memory, as well as for the reading, al- operations of the DB/Citibank-BahnCard CNA Operational Policies. CNA shall provide teration and deletion of stored data, business, including data processing and ac- the agent with all such information as d. Utilization of user codes (passwords); counting, to the Card Service Companies. deemed necessary to perform this inspection e. Use of encryption for critical security Details are contained in the ‘‘BahnCard function. files. Service Agreement’’. Concurrent with the § 4 USE OF SUBCONTRACTORS, TRANSMISSION f. Specific access rules for procedures, con- application for issuing a DB/Citibank OF DATA TO THIRD PARTIES trol cards, process control methods, program BahnCard, the BahnCard customers agree to cataloging authorization; the transfer of their personal data to CCO 1. CNA may not appoint non-affiliated third parties, in particular subcontractors, g. Guidelines for data file organization; and to those companies entrusted by CCO h. Keeping records of data file use; to perform and fulfill CNA’s commitments with such data processing. i. Separation of production and test envi- and obligations under this Agreement. 5. Due to reasons of efficiency, service and ronment for libraries and data files 2. For marketing purposes, the transfer of centralization, the Card Service Companies j. Providing that entries to data processing personal data to third parties provided by have entrusted CNA with the processing of facilities (the rooms housing the computer the Card Service Companies is prohibited, the Citibank Visa card business and of the hardware and related equipment) are capable except in those cases where such personal DB/Citibank BahnCard business as of July 1, of being locked, data is transferred to affiliated companies 1995. In light of such considerations, the Card k. Automatic log-off of user ID’s that have engaged in the banking business in order to Service Companies—as principals—and not been used for a substantial period of market financial services; the transfer of CNA—as contractors—concluded the ‘‘CNA time. such data beyond the aforementioned scope Service Agreement’’, to which CIP expressly 4. User control consented. to third parties shall require the Card Serv- 6. The performance of the CNA Service ice Companies’ express approval. Such ap- CNA shall implement suitable measures to Agreement requires the Card Service Compa- proval is limited to the scope of the Card prevent its data processing systems from nies to transfer the personal data of the Customers’ consent as obtained on the appli- being used by unauthorized persons by Citibank Visa card customers and the DB/ cation form. The personal data of customers means of data transmission equipment. Citibank BahnCard customers—hereinafter having obtained a BahnCard ‘‘pure’’ may This shall be accomplished by: collectively referred to as ‘‘Card Cus- only be used or transferred for BahnCard a. Identification of the terminal and/or the tomers’’—to CNA and further requires CNA marketing purposes. terminal user to the DP system; to process and use these data. CNA and the Card Service Companies un- b. Automatic turn-off of the user ID when In order to protect the Card Customers’ dertake to institute and maintain the fol- several erroneous passwords are entered, log rights with respect to both the data protec- lowing data protection measures: file of events, (monitoring of break-in-at- tion law, as well as the banking secrecy, and 1. Access control of persons tempts); c. Issuing and safeguarding of identifica- in order to comply with the banking super- CNA shall implement suitable measures in visory and data protection requirements. tion codes; order to prevent unauthorized persons from d. Dedication of individual terminals and/ The contractual parties agree and cov- gaining access to the data processing equip- enant as follows: or terminal users, identification characteris- ment where the data transferred by the Card tics exclusive to specific functions; § 1 BASIC PRINCIPLES Service Companies are processed. e. Evaluation of records. The parties hereto undertake to safeguard This shall be accomplished by: 5 Personnel control the Card Customers’ right to protection a. Establishing security areas; against unauthorized capture, storage and b. Protection and restriction of access Upon request, CNA shall provide the Card use of their personal data and their right to paths; Service Companies with a list of the CNA informational self-determination. The scope c. Securing the decentralized data proc- employees entrusted with processing the per- of such protection shall be governed by the essing equipment and personal computers; sonal data transferred by the Card Service standards as laid down in the German Fed- d. Establishing access authorizations for Companies, together with a description of eral Data Protection Law employees and third parties, including the their access rights. (Bundesdatenschutzgesetz, abbreviated to respective documentation; 6. Access control to data e. Identification of the persons having ac- ‘‘BDSG’’). The parties hereto additionally CNA commits that the persons entitled to agree to comply with the banking secrecy cess authority; f. Regulations on key-codes; use CNA’s data processing system are only regulations. g. Restriction on keys; able to access the data within the scope and § 2 INSTRUCTIONS OF THE CARD SERVICE h. Code card passes; to the extent covered by the irrespective ac- COMPANIES i. Visitors books; cess permission (authorization). 1. CNA shall process the data provided by j. Time recording equipment; This shall be accomplished by: the Card Service Companies solely in accord- k. Security alarm system or other appro- a. Allocation of individual terminals and/ ance with the Card Service Companies’ in- priate security measures. or terminal user, and identification characteristics exclusive to specific functions; structions and rules, and the provisions con- 2. Data media control tained in this Agreement. CNA undertakes b. Functional and/or time-restricted use of CNA undertake to implement suitable terminals and/or terminal users, and identi- to process and use the data only for the pur- measures to prevent the unauthorized read- pose for which the data have been provided fication characteristics; ing, copying, alteration or removal of the c. Persons with function authorization by the Card Service Companies to CNA, said data media used by CNA and containing per- purposes including those as described in the codes (direct access, batch processing) access sonal data of the Card Customers. to work areas; CNA Service Agreement. The use of such This shall be accomplished by: data for purposes other than described above d. Electronic verification of authorization; a. Designating the areas in which data e. Evaluation of records. requires the Card Service Companies’ express media may/must be located; written consent. b. Designating the persons in such areas 7. Transmission control 2. At any time, the Card Service Compa- who are authorized to remove data media; CNA shall be obligated to enable the nies may make inquiries to CNA about the c. Controlling the removal of data media; verification and tracing of the locations/des- personal data transferred by the Card Serv- d. Securing the areas in which data media tinations to which the Card Customers’ data ice Companies and stored at CNA, and the are located; are transferred by utilization of CNA’s data Card Service Companies may require CNA to e. Release of data media to only authorized communication equipment/devices. perform corrections, deletions or blockings persons; This shall be accomplished by: of such personal data transferred by the Card f. Control of files, controlled and docu- a. Documentation of the retrieval and Service Companies to CNA. mented destruction of data media; transmission programs;

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b. Documentation of the remote locations/ § 7 CONFIDENTIALITY OBLIGATION trol exercised by the respective responsible destinations to which a transmission paths CNA shall impose a confidentiality obliga- supervisory authorities. (logical paths). tion on those employees entrusted with proc- 2. Upon request of CIP or either of the Card 8. Input control essing the personal data transferred by the Service Companies, CNA shall provide the respective supervisory authorities with the CNA shall provide for the retrospective Card Service Companies. CNA shall further- desired information and grant them the op- ability to review and determine the time and more obligate its employees to adhere to the portunity of auditing to the same extent as the point of the Card Customers’ data entry banking and data secrecy regulations and they would be entitled to conduct audits at into CNA’s data processing system. document such employees’ obligation in This shall be accomplished by: writing. Upon request, CNA shall provide the the Card Service Companies and CIP; this in- a. Proof established within CNA’s organi- Card Service Companies with satisfactory cludes the entitlement to inspections at zation of the input authorization; evidence of compliance with this provision. CNA’s premises by the supervisory authori- b. Electronic recording of entries. ties or their nominated agents, unless barred § 8 RIGHTS OF CONCERNED PERSONS by binding instructions of the appropriate 9. Instructional control 1. At any time, Card Customers whose data U.S. authorities. The Card Customers’ data transferred by are transferred by CIP to the Card Service § 11 BANKING SUPERVISION the Card Service Companies to CNA may Companies, and thereafter further trans- 1. Any vouchers, commercial books of ac- only be processed in accordance with in- ferred by the Card Service Companies to structions of the Card Service Companies. counting, and work instructions needed for CNA, shall be entitled to make inquiries to the comprehension of such documents, as This shall be accomplished by: CNA (who are required to respond) as to: the a. Binding policies and procedures for CNA well as other organizational documents shall stored personal data, including the origin physically remain at the Card Service Com- employees, subject to the Card Service Com- and the recipient of the data; the purpose of panies’ prior approval of such procedures and panies, unless electronically archived by storage; and the persons and locations/des- scanning devices in a legally permissible policies, tinations to which such data are transferred b. Upon request, access will be granted to fashion. on a regular basis. those Card Service Companies’ employees 2. The Card Service Companies and CNA The requested information shall generally and agents who are responsible for moni- undertake to adhere to the principles of be provided in writing. proper accounting practice applicable in Ger- toring CNA’s compliance with this Agree- 2. The Card Service Companies shall ment (c.f. § 3 hereof.) many for computer-aided processes and the honour the concerned person’s request to auditing thereof, in particular FAMA 1/1987. 10. Transport control correct his personal data at any time, pro- 3. The Card Service Companies undertake CNA and the Card Service Companies shall vided that the stored data are incorrect. The to submit a data processing concept and a implement suitable measures to prevent the same shall apply to data stored at CNA. data security concept to the German Federal Card Customers’ personal data from being 3. The concerned person may claim from Authority for the Supervision of Banks read, copied, altered or deleted by unauthor- the responsible Card Service Companies the (Bundesaufsichtsamt fur das Kreditwesen) ized parties during the transmission thereof deletion or blocking of any data stored at prior to commencing transfer of data to or during the transport of the data media. the Card Service Companies or CNA, in the CNA. This shall be accomplished by: event that: such storage is prohibited by law; 4. The remote processing of the data shall a. Encryption of the data for on-line trans- the data in question relate to information be subject to the internal audit department mission, or transport by means of data car- about health criminal actions, violations of of CIP and the Card Service Companies. CNA riers, (tapes and cartridges); the public order, or religious or political agrees to cooperate with the internal audi- b. Monitoring of the completeness and cor- opinions, and its truth/correctness cannot be tors of CIP and the Card Service Companies, rectness of the transfer of data (end-to-end proved by the Card Service Companies; and who shall have the right to inspect the files check). such data are processed to serve Card Service of CNA’s internal auditors, insofar as they II. Organization control Companies’ own purposes, and such data are relate to the data files transferred by the CNA shall maintain its internal organiza- no longer necessary to serve the purpose of Card Service Companies to CNA. The inter- tion in a matter that meets the require- the data storage under the agreement with nal auditors of the Card Service Companies ments of this Agreement. the respective Card Customers. and of CIP shall conduct audits of CNA as re- This shall be accomplished by: Notwithstanding the foregoing, the parties quired by due diligence. a. Internal CNA policies and procedures, hereto submit to the provisions of § 35 of the 5. In a joint declaration to the Federal guidelines, work instructions, process de- German Federal Data Protection Law Banking Supervisory Authority; CIP, the scriptions, and regulations for programming, (BDSG), and agree to be familiar with such Card Service Companies and CNA shall un- testing, and release, insofar as they relate to provisions. dertake to allow the inclusion of CNA in au- data transferred by Card Service Companies; 4. The concerned person may demand that dits in accordance with the provisions of § 44 b. Formulation of a data security concept the responsible Card Service Companies of the Banking Law (Kreditwesengesetz ab- whose content has been reconciled with the block his or her personal data, if he or she breviated to KWG) at any time and not to Card Service Companies; contests the correct nature thereof and if it impede or obstruct such audits, provided c. Industry standard system and program is not possible to determine whether such that legal requirements and/or instructions examination; data is correct or incorrect. This shall also of U.S. authorities bind CNA to the contrary. d. Formulation of an emergency plan apply to such data stored by CNA. 6. CNA shall request the US banking super- (back-up contingency plan). 5. If CIP. the Card Service Companies or visory authorities’ confirmation in writing § 6 DATA PROTECTION SUPERVISOR CNA should violate the data protection or to the effect that no objections will be raised 1. CNA undertakes to appoint a Data Pro- banking secrecy regulations, the person con- against the intended remote data processing tection Supervisor and to notify the Card cerned shall be entitled to claim damages concept. In the event that CNA cannot pro- Service Companies of the appointee(s). CNA caused and incurred thereby as provided in cure such written confirmation upon the shall only select an employee with adequate the German Federal Data Protection Law Card Service Companies’ request, the Card expertise and reliability necessary to per- (BDSG). CIP’s and the Card Service Compa- Service Companies and CIP may withdraw form such a duty, and provide the Card Serv- nies’ liability shall moreover extend to those from this Agreement and the underlying ice Companies with appropriate evidence claims arising from breach of this Agree- CNA Service Agreement. thereof. ment and asserted against CNA and/or its 7. CIP, the Card Service Companies and 2. The Data Protection Supervisor shall be employees in performance of this Agree- CNA undertake to abide by the requirements directly subordinate/accountable to CNA’s ment. for interterritorial remote data processing in General Management. He shall not be bound 6. CNA acknowledges the obligation as- bank accounting as set forth in the letter of by instructions which obstruct or hinder the sumed by CIP and the Card Service Compa- the Federal Authority for the Supervision of performance of his duty in the field of data nies towards the concerned person, and un- Banks dated October 16, 1992. This letter is protection. He shall cooperate with the Card dertakes to comply with all Card Service appended as a Schedule hereto and forms an Service Companies’ agent—as indicated in § 3 Companies’ instructions concerning such integral part of this Agreement. hereof—in monitoring the performance of person. The concerned person may also di- § 12 INDEMNIFICATION CLAIM this Agreement and adhering to the data rectly assert claims against CNA and file an 1. CNA shall indemnify the Card Service protection requirements in conjunction with action at CNA’s applicable place of jurisdic- Companies within the scope of their internal the data in question. In the event that CNA tion. and contractual relationship from any chooses to change the person who serves as a § 9 NOTIFICATION TO THE CONCERNED PERSON claims of damages asserted by the Card Cus- Data Protection Supervisor, CNA shall give tomers, and resulting from CNA’s The Card Service Companies undertake to timely notice to the Card Service Companies incompliance with the terms and conditions appropriately notify the concerned Card Cus- of such change. The Data Protection Super- of this Agreement. tomers of the transfer of their data to CNA. visor shall be bound by confidentiality obli- 2. The Card Service Companies shall in- gations. § 10 DATA PROTECTION SUPERVISION demnify CNA within the scope of their inter- 3. The Data Protection Supervisor shall be 1. According to the German Federal Data nal and contractual relationship from any available as the on-site contact for the Card Protection Law (BDSG), the Card Service claims of damages asserted by the Card Cus- Service Companies. Companies and CIP are subject to public con- tomer, and resulting from one or both of the

VerDate 29-OCT-99 22:56 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.221 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14551 Card Service Companies’ incompliance with 3. Citibank in the United States and in Eu- goals, and may be critical to the sur- the terms and conditions of this Agreement. rope is not allowed to transfer personal data vival of the business. For the family § 13 TERM OF THE AGREEMENT to third parties for marketing purposes ex- business, the choice also is inseparable 1. This Agreement is effective as of July cept in two cases: from the owner’s preferences as to how (a) Data of applicants for a RailwayCard 1st, 1995, until terminated. It may be termi- the owner wants to relate to family co- nated by any party hereto at the end of each with payment function may be transferred to other Citibank companies in order to market owners. Choice of entity is therefore calendar year upon 12 months notice prior to potentially one of the most important the expiration date, subject to each party’s financial services; (b) Data of applicants for right of termination of the Agreement for a pure RailwayCard may only be used or decisions for an owner. material, unremedied breach hereof. The ter- transferred for BahnCard marketing pur- The law concerning choice of entity mination of this Agreement by any one of poses, i.e., to try to convince the cardholder has changed enormously in the last the parties shall result in the termination of that he should upgrade his RailwayCard to decade, particularly with the wide- the entire Agreement with respect to the have a ‘‘better BahnCard’’ with credit card spread adoption of laws authorizing the function (§ 4 II). other parties. limited liability company (LLC). As a 2. CNA commits to return and delete all 4. The technical requirements on data security according to German law are spelt out result, business owners have more personal data stored at the time of termi- flexibility in this area than ever be- nation hereof in accordance with the Card in detail in § 5. Service Companies’ instructions. 5. The American Citibank subsidiary has to fore. Even so, older family businesses appoint data protection supervisors again operated as S corporations may be § 14 CONFIDENTIALITY following the German legal requirements ‘‘locked’’ into the corporate form, sim- The parties hereto commit to treat strictly (§ 6). ply because of the tax cost of changing confidential any trade, business and oper- 6. The German card customers have all in- ating secrets or other sensitive information dividual rights against the American to another form. These businesses are of the other parties involved. This obligation Citibank subsidiary which they have under thus unable to take advantages of the shall survive termination of this Agreement. German law. They can ask for inspection, recent advancements in choice of enti- § 15 DATA PROTECTION AGREEMENT WITH claim deletion, correction or blocking of ty. DEUTSCHE BAHN AG (DB AG) their data and they can bring an action for In order to help these older busi- 1. The Deutsche Bahn AG captures per- compensation under the strict liability rules nesses remain competitive with their sonal data at its counters and appears as a of German law either against German Rail- younger rivals, the bill Senator ENZI joint issuer of the DB/Citibank BahnCard. way, the German Citibank subsidiary or di- and I introduce today will allow a one- The parties hereto agree that the Deutsche rectly against the American Citibank sub- time election for an S corporation to sidiary (§ 8). Bahn AG therefore bears responsibility for change to another form of business such data. 7. The Citibank subsidiaries in the United 2. The Deutsche Bahn AG and CIP con- States accept on-site audits by the German without incurring the normal tax cost cluded a Data Protection Agreement as of data protection supervisory authority, i.e., of doing so. February 13, 1996, defining the scope of data the Berlin Data Protection Commissioner, or Thousands of corporations have protection obligations and commitments be- his nominated agents, e.g. an American con- elected subchapter S status since tween the parties. The parties hereto are fa- sulting or auditing firm acting on his behalf President Eisenhower signed into law miliar with said Data Protection Agreement (§ 10 II). the Technical Amendments Act of 1958, and acknowledge the obligations arising for This very important provision contains a which added subchapter S to the code. restriction in case US authorities instruct CIP thereunder. The legislative history makes clear 3. The parties hereto authorize CIP to pro- Citibank in their country not to allow for- vide DB AG with written notification of this eign auditors in. However, this restriction is that the purpose of subchapter S was to Agreement on Interterritorial Data Protec- not very likely to become practical. On the offer simplified tax rules for the small tion. contrary, US authorities have already de- and family-owned business operating in § 16 GENERAL PROVISIONS clared by way of a diplomatic note sent to the corporate form. 1. This Agreement sets forth the entire un- the German side that they will accept these Until the rise of the LLC in the mid derstanding between the parties hereto in audits. This follows an agreement between 1990’s, the S corporation remained, for conjunction with the subject matter as laid German and United States banking super- all practical purposes, the sole means down herein and none of the parties hereto visory authorities on auditing the trans-bor- for a small or family business to obtain der processing of accounting data (cf. § 11). has entered into this Agreement in reliance the benefits of limited liability with- upon any representation, warranty or under- Indeed this previous agreement very much facilitated the acceptance of German data out the complex corporate tax. For taking of any other party which is not con- many years, a change to another form tained in this Agreement or incorporated by protection audits by Citibank in the United reference herein. Any subsequent amend- States. As far as data security concepts are of business was relatively easy. But by ments to this Agreement shall be in writing concerned the Federal Banking Supervisory the time an alternative to the S cor- duly signed by authorized representatives of Authority and the Berlin Data Protection poration became widely available, this the parties hereto. Commissioner will be working hand in glove. avenue had been foreclosed by changes 2. If one or more provisions of this Agree- 8. Finally—and this is not reproduced in to the tax code. Thus thousands of S ment becomes invalid, or the Agreement is the version of the Agreement which you have received—German Railway has been linked corporations are saddled with the cum- proven to be incomplete, the validity and le- bersome and inflexible rules of the cor- gality of the remaining provisions hereof to this agreement between Citibank subsidi- shall not be affected or impaired thereby. aries in a specific provision. porate form. The parties hereto agree to substitute the in- The Internal Revenue Code itself re- valid part of this Agreement by such a le- By Mr. THOMAS (for himself and flects a policy of respecting economic gally valid provision which constitutes the Mr. ENZI): reality over form in the conduct of a closest representation of the parties’ inten- S. 1904. A bill to amend the Internal trade or business. For example, Section tion and the economical purpose of the in- Revenue Code of 1986 to provide for an 1031, which existed even in 1939, allows valid term, and the parties hereto further election for special tax treatment of nonrecognition of gain or loss in the agree to be bound by such a valid term. An certain S corporation conversions; to exchange of property used in a trade or incompleteness of this Agreement shall be the Committee on Finance. business, or for investment, on the the- bridged in a similar fashion. 3. The Parties hereto submit to the juris- ELECTION FOR SPECIAL TAX TREATMENT OF ory that the taxpayer has not cashed diction and venue of the courts of Frankfurt/ CERTAIN S CORPORATION CONVERSIONS out his investment. Code Sections 351 M. ∑ Mr. THOMAS. Mr. President, today I and 721 allow nonrecognition on the 4. This Agreement shall be governed by, in- join Senator ENZI in introducing legis- contribution of property to a corpora- terpreted and construed in accordance with lation that will give small businesses tion or a partnership, on the rationale German law. more flexibility in how they choose to that the taxpayer is only changing the What are the main features of the International operate. form of his investment. Agreement? One of the most important decisions The S election itself was a giant 1. The parties on both sides of the Atlantic for the founder of a business is ‘‘choice stride in removing tax considerations agree to apply German Data Protectional of entity,’’ whether to operate the busi- in choice of entity. More recently, the Law to their handling of cardholders’ data (§ 1). ness through a corporation, partner- Internal Revenue Service has done 2. Customer data may only be processed in ship, limited liability company or much to remove tax considerations the United States for the purpose of pro- other form of business. This choice is from the choice of business form ducing the cards (§ 2). plainly important for reaching business through the check the box regulations.

VerDate 29-OCT-99 00:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.225 pfrm02 PsN: S10PT2 S14552 CONGRESSIONAL RECORD — SENATE November 10, 1999 The Service should be commended for tion to authorizing the necessary re- help re-build the shattered lives of taking this step. sources to wage this war, this legisla- Lyme victims and their families, and I The next step in the process is allow- tion outlines a public health manage- look forward to working with Senator ing those S corporations that can more ment plan to make the most of our ef- DODD, my colleagues, and the adminis- efficiently function as an LLC the one- forts on all fronts to combat Lyme dis- tration to accomplish this worthy pub- time chance to make the conversion, ease: lic health goal.∑ without tax cost being the controlling The Lyme Disease Initiative makes ∑ Mr. DODD. Mr. President, I rise factor. Until these conversions can be the development of better detection today to join Senator SANTORUM in in- accomplished, the task of reducing the tests for Lyme disease the highest re- troducing The Lyme Disease Initiative role of taxes in choosing a business search priority; of 1999, companion legislation to a bill form will remain unfinished. The Lyme Disease Initiative sets introduced by Representative CHRIS- I look forward to working with Sen- goals for public health agencies, in- TOPHER SMITH of New Jersey. The ob- ator ROTH and the other members of cluding a 33 percent reduction in Lyme jective of this bill is simple—to put us the Senate Finance Committee so we disease within five years of enactment on the path toward eradicating Lyme may take action on this measure as in the ten states with the highest disease—a disease that is still unfa- soon as possible.∑ rates; miliar to some Americans, but one that The Lyme Disease Initiative fosters those of us from Connecticut and the By Mr. SANTORUM (for himself, better coordination between the scat- Northeast know all too well. Mr. DODD, Mr. TORRICELLI, Mr. tered Lyme disease programs within Last Congress I was pleased to intro- LIEBERMAN, Mr. SCHUMER, and the federal government through a five duce similar legislation, The Lyme Mr. LAUTENBERG): year, joint-agency plan of action; Disease Initiative of 1998, and to see a S. 1905. A bill to establish a program The Lyme Disease Initiative helps critical component of that legislation to provide for a reduction in the inci- protect workers and visitors at feder- enacted into law. Through an amend- dence and prevalence of Lyme disease; ally-owned lands in endemic areas ment that I offered to the FY 1999 De- to the Committee on Health, Edu- through a system of periodic, standard- partment of Defense (DoD) appropria- cation, Labor, and Pensions. ized, and publicly accessible Lyme dis- tions bill, an additional $3 million was THE LYME DISEASE INITIATIVE OF 1999 ease risk assessments; directed toward the DoD’s Lyme dis- ∑ Mr. SANTORUM. Mr. President, it is The Lyme Disease Initiative requires ease research efforts. This was an im- with great enthusiasm that I rise today a review of current Lyme disease pre- portant step in the fight to increase to join my friend and colleague, the vention and surveillance efforts to our understanding of this condition, senior Senator from Connecticut, search for areas of improvement; but clearly much more remains to be done. CHRISTOPHER DODD, in introducing the The Lyme Disease Initiative fosters Almost every resident of my state Lyme Disease Initiative of 1999. This additional research into other related has witnessed firsthand the dev- legislation is aimed at waging a com- tick-borne illnesses so that the prob- astating impact that this disease can prehensive fight against Lyme dis- lem of co-infection can be addressed; have on its victims. As most of my con- ease—America’s most common tick- The Lyme Disease Initiative initiates stituents know, Lyme disease is a borne illness. a plan to boost public and physician ‘‘home-grown’’ illness—it first achieved I know that Mr. DODD shares my sen- understanding about Lyme disease; prominence in the 1980s in the state of timents in believing that this legisla- The Lyme Disease Initiative creates Connecticut and got its name from the tion could not be more timely or nec- a Lyme Disease Task Force to provide town of Lyme, CT. And today, Con- essary. Lyme remains the 2nd fastest Americans with the opportunity to necticut residents have the dubious growing infectious disease in this coun- hold our public health officials ac- distinction of being 10 times more like- countable as they accomplish these try after AIDS. The number of annu- ly to contract Lyme disease than the ally reported cases of Lyme disease in tasks. This legislation is the product of rest of the nation. the United States has increased about To begin to address this crisis, this countless meetings that Senator DODD 25-fold since national surveillance legislation would establish a five-year, and I have had with patients and fami- began in 1982, and an average of ap- $125 million blueprint for attacking the proximately 12,500 cases annually were lies struggling to cope with this debili- disease on all fronts by bolstering fund- reported by states to the Centers for tating disease. Although Lyme disease ing for better detection, prevention, Disease Control and Prevention (CDC) can be treated successfully in the early surveillance, and public and physician from 1993–1997. stages with antibiotics, sadly, the lack education. Additionally, this legisla- Every summer, tens of thousands of of physician knowledge about Lyme tion would require the primary federal Americans enjoying or working in the disease and the inadequacies of exist- agencies involved in Lyme disease re- outdoors are bitten by ticks. While ing laboratory detection tests com- search and education to substantially most will experience no medical prob- pound the physical suffering, which can improve the coordination of their ef- lems, others are not so lucky—includ- include damage to the nervous system, forts, in an effort to minimize duplica- ing the 16,801 Americans who con- skin, and joints and other significant tion and to enhance federal leadership. tracted Lyme disease last year. health complications where patients go In my opinion, money to fund Lyme According to some estimates, Lyme undetected, and hence untreated. Pa- disease research and public education disease costs our nation $1 billion to $2 tients relate heart breaking stories is money well spent. Studies indicate billion in medical costs annually. The about visiting multiple doctors with- that long-term treatment of infected number of confirmed cases of Lyme out getting an accurate diagnosis, un- individuals often exceeds $100,000 per disease in 1998 increased 31.2 percent dergoing unnecessary tests while get- person—a phenomenal cost to society. from the previous year—and that is ting progressively weaker and sicker Health problems experienced by those only the tip of the iceberg. Many ex- —and racking massive medical bills in infected can include facial paralysis, perts believe the official statistics un- the process. joint swelling, loss of coordination, ir- derstate the true number of Lyme dis- Although Lyme disease poses many regular heart-beat, liver malfunction, ease cases by as much as ten or twelve- challenges, they are challenges the depression, and memory loss. Because fold, because Lyme disease can be so medical research community is well Lyme disease mimics other conditions, difficult to diagnose. equipped to meet. This legislation will patients often must visit multiple doc- And Lyme is a disease that does not enhance efforts to discover new infor- tors before a proper diagnosis is made. discriminate. Persons of all ages and mation on and establish treatment pro- This results in prolonged pain and suf- both genders are equally susceptible, tocols for Lyme disease. Thanks to the fering, unnecessary tests, costly and although among the highest attack scientific research being conducted futile treatments, and devastating rates are in children aged 0–14 years. here in the United States and around emotional consequences for victims The Lyme Disease Initiative is a five the world, new and promising research and their families. year, $125 million blueprint for attack- is already accumulating at a rapid Tragically, the number of Lyme dis- ing the disease on all fronts. In addi- pace. We have a unique opportunity to ease cases reported to the CDC has sky-

VerDate 29-OCT-99 00:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.158 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14553 rocketed—from 500 in 1982 to 17,000 in fighters have the resources they need generous family leave. Take Your 1998. In the last year alone, the number to protect the public and their prop- Daughter to work day has introduced of infected individuals rose 25%. And erty from the threat of wildfires. millions of girls and boys to the world these cases represent only the tip of Mr. President, I ask unanimous con- of work. the iceberg. Several new reports have sent that the text of the bill be printed But not all change has come easy. found that the actual incidence of the in the RECORD. Many parents have made agonizing disease may be ten times greater than There being no objection, the bill was choices about work and family. Some current figures suggest. ordered to be printed in the RECORD, as have chosen to scale back their ca- While continuing to fight for addi- follows: reers, move to less demanding jobs, tional funding for research into this S. 1900 pursue part-time work, or take a few disease, it is also critical that we en- Be it enacted by the Senate and House of Rep- years off. Others have continued in sure that current and future federal re- resentatives of the United States of America in their careers without interruption resources for Lyme disease are used wise- Congress assembled, lying on committed child care or the ly and in the best interest of the indi- SECTION 1. TECHNICAL AMENDMENTS. support of a partner. Each working viduals and families affected by this Section 2 of the Wildlife Suppression Air- parent has come to their own decision condition. To that end, I intend to ask craft Transfer Act of 1996 (Public Law No. about how to move forward in their 104–307) is amended— jobs and in their role as parents. And the General Accounting Office to re- (1) in subsection (a)(1) by striking ‘‘Sep- view current federal funding priorities tember 30, 2000’’ and inserting ‘‘September most employers are supportive of these for Lyme disease. 30, 2005’’; decisions. They recognize that good I truly look forward to the day when (2) in subsection (d)(2)(C), by striking employees are good employees regard- Lyme disease no longer plagues our na- ‘‘and’’ at the end; less of their status as parents. tion and view The Lyme Disease Initia- (3) in subsection (d)(2)(D), by striking the Mr. President, this legislation is not tive of 1999 as a critical step toward period at the end and inserting ‘‘; and’’; about these employers. Frankly, it is that goal. I urge my colleagues to sup- (4) in subsection (d)(2), by adding at the not even about encouraging, much less end the following: port this legislation.∑ ‘‘(E) be in effect until September 30, 2005’’; requiring, work place accommodations and of parents and their family obliga- By Mr. BINGAMAN (for himself, (5) in subsection (f), by striking ‘‘March 31, tions—as much as I support those ef- Mr. ALLARD, and Mr. CRAIG): 2000’’ and inserting ‘‘March 31, 2005’’. forts. It is, instead, about those hope- S. 1906. A bill to amend Public Law fully rare cases where employers dis- 104–307 to extend the expiration date of By Mr. DODD (for himself and criminate in their employment prac- the authority to sell certain aircraft Mr. KENNEDY) (by request): tices against parents. It is about elimi- for use in wildfire suppression, and for S. 1907. A bill to prohibit employ- nating bias not about guaranteeing ac- other purposes; to the Committee on ment discrimination against parents commodation. Armed Services. and those with parental responsibil- Specifically, the proposed statute WILDFIRE SUPPRESSION AIRCRAFT TRANSFER ities, and for other purposes; to the would include parental status as a pro- ACT OF 1996 EXTENSION LEGISLATION Committee on Health, Education, tected class with respect to employ- Mr. BINGAMAN. Mr. President, Air- Labor, and Pensions. ment discrimination. Parental status planes, known as airtankers, play a ENDING DISCRIMINATION AGAINST PARENTS ACT would cover parents of children under critical role in fighting wildfires. They OF 1999 18 years of age and children who re- are used in the initial attack of Mr. DODD. Mr. President, I rise main under parental supervision be- wildfires in support of firefighters on today to introduce ‘‘the Ending Dis- cause of a mental or physical dis- the ground and, on large wildfires, to crimination Against Parents Act of ability, as well as those seeking legal aid in the protection of lives and struc- 1999,’’ on behalf of President Clinton, custody of children and those who tures from rapidly advancing fires. to prohibit employment discrimination stand ‘‘in loco parentis.’’ The legisla- Today, Senators ALLARD, CRAIG and I against private and public employees tion would bar discrimination against are introducing legislation that will because they are parents. I am pleased parents in all aspects of employment, help ensure that Federal firefighters to be joined by Senator KENNEDY in including recruitment, referral, hiring, continue to have access to airtanker this effort. promotions, discharge, training and services. This technical amendment Mr. President, today more than ever other terms and conditions of employ- will extend the expiration date of the parents work. One may argue whether ment. Wildfire Suppression Aircraft Transfer it is right or wrong—but the facts are For example, this legislation would Act of 1996 from September 30, 2000 to clear. In 1998, 38 percent of all U.S. make illegal policies against hiring September 30, 2005. The regulations workers had children under the age of single parents. Employers would be under the act are still being finalized, 18. Nearly one in five working parents prohibited from taking a mother or a so no aircraft have yet been trans- is a single parent; moreover, a fifth of father off a career-advancing path out ferred. Extending the 1996 act is crit- these are single fathers. Labor force of a belief that parents uniformly can- ical to help facilitate the sale of former participation has also increased in two not meet the requirements of these military aircraft to contractors who parent families, with both parents jobs. Neither could employers hire less provide firefighting services to the often holding down jobs. qualified non-parents over parents be- Forest Service and the Department of Clearly, this has revolutionized our cause of unfounded concerns about par- the Interior. The existing fleet of avail- culture. Child care is a constant per- ents. Basic discrimination against par- able airtankers is aging rapidly, and sonal as well as public policy issue. ents would be barred. fleet modernization is critical to the Grocery stores and other retailers are I want to be very clear, Mr. Presi- continued success of the firefighting open later—many catalogues offer dent, this legislation does not release program. round the clock service via the tele- working parents from any job perform- This bill will extend legislative au- phone or Internet. Take out meals and ance requirements. Employers are free thority to transfer or sell excess tur- delivered pizza, which in the past were to make decisions based on an employ- bine-powered military aircraft suitable often reserved as a special weekend ee’s job performance or ability to meet for conversion to airtankers. If we fail treat, are now commonplace on week job requirements or qualifications—no to pass this extension, airtanker opera- nights. Cellular telephone companies matter what that employee’s parental tors will not have access to the planes even offer special family plans with un- status is. Thus, an employer may dis- they need to update the aging limited calling among family members, cipline an employee who is late be- airtanker fleet. The Wildfire Suppres- for those families entirely on the go. cause of childcare issues. Similarly, an sion Aircraft Transfer Act of 1996 re- Workplaces too have changed. employer may reject an applicant for a quired that the aircraft be used only Women and men work side by side in job that requires extensive travel if for firefighting activities. nearly every occupation. Many employ- that applicant is unwilling to travel I urge my colleagues to support our ers attract workers with on-site day because of his or her parental respon- efforts to ensure that Federal fire- care, flexible work arrangements and sibilities. What the bill would prohibit

VerDate 29-OCT-99 23:38 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.160 pfrm02 PsN: S10PT2 S14554 CONGRESSIONAL RECORD — SENATE November 10, 1999 is rejection of an applicant who is will- (2) prevents the best use of available labor (2) The term ‘‘employer’’ does not include ing to travel based simply on the as- resources; a bona fide private membership club (other sumption that he or she, as a parent, (3) has been spread and perpetuated, than a labor organization) that is exempt will be unable to fulfill that commit- through commerce and the channels and in- from taxation under section 501(c) of title 26, ment. strumentalities of commerce, among the United States Code. workers of several States; (g) ‘‘Employment agency’’ has the meaning Mr. President, this is unfortunately (4) burdens commerce and the free flow of given that term in section 701(c) of the Civil not a new problem for parents. Several goods in commerce; Rights Act of 1964 (42 U.S.C. 2000e(c)). states, including Alaska, Nebraska, (5) constitutes an unfair method of com- (h) ‘‘Incapable of self-care’’ means that the New Hampshire, New Jersey, and South petition in commerce; and individual needs active assistance or super- Dakota, and the District of Columbia (6) leads to labor disputes burdening an ob- vision to provide daily self-care in three or have enacted laws that prohibit dis- structing commerce and the free flow of more of the ‘‘activities of daily living’’ or crimination based on parental or famil- goods in commerce. ‘‘instrumental activities of daily living.’’ Ac- ial status. There have also been several (i) Elimination of such discrimination tivities of daily living include adaptive ac- federal cases filed under gender dis- would have positive effects, including— tivities such as caring appropriately for (1) solving problems in the economy cre- one’s grooming and hygiene, bathing, dress- crimination statutes that have found ated by unfair discrimination against par- ing, and eating. Instrumental activities of discrimination based on parental sta- ents; daily living include cooking, cleaning, shop- tus. In one case, an employer trans- (2) promoting stable families by enabling ping, taking public transportation, paying ferred a new mother recently back to working parents to work free from discrimi- bills, maintaining a residence, using tele- work from maternity leave into a nation against parents; and phones and directories, using a post office, lower paying job, not based on her re- (3) remedying the effects of past discrimi- and similar activities. quest or her performance, but because nation against parents. (i) ‘‘Labor organization’’ has the meaning the employer simply felt it better suit- SEC. 3. PURPOSES. given that term in sections 701(d) and (e) of ed a new mother. Beyond anecdotes The purposes of this Act are— the Civil Rights Act of 1964 (42 U.S.C. (a) to prohibit employers, employment 2000e(d), (e)). and a few court cases, it is difficult to (j) ‘‘Office of Compliance’’ has the meaning gauge the extent of this problem—rare agencies, and labor organizations from dis- criminating against parents and persons given that term in the Congressional Ac- or common—given the extremely lim- with parental responsibilities based on the countability Act of 1995 (2 U.S.C. 1301 et ited avenues of redress open to parents assumption that they cannot satisfy the re- seq.). currently. quirements of a particular position; and (k) ‘‘Parent’’ means a person who, with re- But no matter how rare—if it hap- (b) to provide meaningful and effective gard to an individual who is under the age of pens just once it is wrong. And working remedies for employment discrimination 18, or who is 18 or older but is incapable of parents deserve better. This legislation against parents and persons with parental self-care because of a physical or mental responsibilities. disability— makes sure they get it. I urge my col- (l) has the status of— leagues to join me in support of this SEC. 4. DEFINITIONS. (i) a biological parent; legislation. In this Act: (ii) an adoptive parent; Mr. President, I ask unanimous con- (a) ‘‘Commission’’ means the Equal Em- (iii) a foster parent; sent that the bill be printed in the ployment Opportunity Commission. (iv) a stepparent; or (b) ‘‘Complaining party’’ means the Com- RECORD. (v) a custodian of a legal ward; There being no objection, the bill was mission, the Attorney General, or any other (2) is actively seeking legal custody or person who may bring an action or pro- adoption; or ordered to be printed in the RECORD, as ceeding under this Act. (3) stands in loco parentis to such an indi- follows: (c) ‘‘Covered entity’’ means an employer, vidual. S. 1907 employment agency, labor organization, or (l) ‘‘Person’’ has the meaning given that Be it enacted by the Senate and House of Rep- joint labor-management committee. term in section 701(a) of the Civil Rights Act resentatives of the United States of America in (d) ‘‘Demonstrates’’ means meet the bur- of 1964 (42 U.S.C. 2000e(a)). Congress assembled, den of production and persuasion. (m) ‘‘Physical or mental disability’’ means SECTION 1. SHORT TITLE. (e)(1) The term ‘‘employee’’ means: a physical or mental impairment that sub- This Act may be cited as the ‘‘Ending Dis- (i) an individual to whom section 701(f) of stantially limits one or more of the major crimination Against Parents Act of 1999.’’ the Civil Rights Act of 1964 (42 U.S.C. life activities of an individual. SEC. 2. FINDINGS. 2000e(f)) applies; (n) ‘‘State’’ has the meaning given that (a) In 1998, thirty-eight percent of all (ii) an individual to whom section 717(a) of term in section 701(i) of the Civil Rights Act United States workers had children under 18. the Civil Rights Act of 1964 (42 U.S.C. 2000e– of 1964 (42 U.S.C. 2000e(i)). (b) The vast majority of Americans with 16(a)) applies; SEC. 5. DISCRIMINATION PROHIBITED. children under 18 are employed. (iii) an individual to whom section 302(a)(1) (a) EMPLOYER PRACTICES.—It shall be an (c) Federal law protects working parents of the Government Employee Rights Act of unlawful employment practice for an from employment discrimination in a num- 1991 (2 U.S.C. 1202(a)(1)) applies; employer— ber of important areas. For instance, title (iv) a covered employee as defined in sec- (1) to fail or refuse to hire, or to discharge, VII of the Civil Rights Act of 1964 prohibits tion 101(3) of the Congressional Account- any individual, or otherwise to discriminate discrimination against workers on the basis ability Act of 1995 (2 U.S.C. 1301(3)); and against any individual with regard to the of sex; the Americans with Disabilities Act (v) a covered employee as defined in sec- compensation, terms, conditions, or privi- of 1990 prohibits discrimination against tion 411(c)(1) of title 3, United States Code. leges of employment of the individual, be- workers on the basis of disability; and the (2) The term ‘‘employee’’ includes appli- cause such individual is a parent; or Pregnancy Discrimination Act of 1978 pro- cants for employment and former employees. (2) to limit, segregate, or classify employ- hibits discrimination against workers on the (f)(1) The term ‘‘employer’’ means: ees in any way that would deprive, or basis of pregnancy. Also, the Family and (i) a person engaged in an industry affect- (2) to limit, segregate, or classify employ- Medical Leave Act of 1993 provides covered ing commerce (as defined in section 701(h) of ees in any way that would deprive, or tend to workers with job protection when they take the Civil Rights Act of 1964 (42 U.S.C. deprive, any individual of employment op- time off for certain family responsibilities. 2000e(h))) who has fifteen or more employees portunities or otherwise adversely affect the (d) However, no existing Federal statute (as defined in section 701(f) of such Act (42 status of the individual as an employee, be- protects all workers from employment dis- U.S.C. 2000e(f))) for each working day in each cause such individual is a parent. crimination on the basis of their status as of twenty or more calendar weeks in the cur- (b) EMPLOYMENT AGENCY PRACTICES.—It parents. rent or preceding calendar year, and any shall be an unlawful employment practice (e) Such discrimination against parents oc- agent of such a person; curs where, for example, employers refuse to for an employment agency to fail or refuse (ii) an entity to which section 717(a) of the hire or promote both men and women who to refer for employment, or otherwise to dis- Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) are parents based on unwarranted stereo- criminate against, any individual because applies; types or overbroad assumptions about their such individual is a parent or to classify or (iii) an employing authority to which sec- level of commitment to the work force. refer for employment any individual because (f) Such discrimination has occurred in the tion 302(a)(1) of the Government Employee such individual is a parent. workplace and has been largely unremedied. Rights Act of 1991 (2 U.S.C. 1202(a)(1)) ap- (c) LABOR ORGANIZATION PRACTICES.—It (g) Such discrimination occurs in both the plies; shall be an unlawful employment practice private and the public sectors. (iv) an employing office, as defined in sec- for a labor organization— (h) Such discrimination— tion 101(9) of the Congressional Account- (1) to exclude or expel from its member- (1) reduces the income earned by families ability Act of 1995 (2 U.S.C. 1301(9)); and ship, or otherwise to discriminate against, who rely on the wages of working parents to (v) an employing office as defined in sec- any individual because such individual is a make ends meet; tion 411(c)(2) of title 3, United States Code. parent;

VerDate 29-OCT-99 23:38 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.161 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14555 (2) to limit, segregate, or classify its mem- tion 703(k) of the Civil Rights Act of 1964 (42 lief only in an action brought by the Attor- bership or applicants for membership, or to U.S.C. 2000e–2(k)), shall not establish a viola- ney General in a court of the United States; classify or fail or refuse to refer for employ- tion of this Act. and ment any individual, in any way that would SEC. 10. DEFENSES WHERE ACTIONS TAKEN IN A (ii) a State shall not be liable for punitive deprive or tend to deprive any individual of FOREIGN COUNTRY. damages. employment opportunities, or would limit (a) It shall not be unlawful under this Act (3) Notwithstanding any express or implied such employment opportunities or otherwise for a covered entity to take any action oth- limitation on the remedies incorporated by adversely affect the status of the individual erwise prohibited under this Act with respect reference in subsection 11(a) or included in as an employee, because such individual is a to an employee in a workplace in a foreign subsection 11(b)(2) above, parent; or country if compliance with this Act would (i) an individual may bring an action in a (3) to cause or attempt to cause an em- cause such entity to violate the law of the district court of the United States for declar- ployer to discriminate against an individual foreign country in which such workplace is atory or injunctive relief against any appro- in violation of this Act. located. priate State official for a violation of this (d) TRAINING PROGRAMS.—It shall be an un- (b) (1) If a covered entity controls a cor- Act; and lawful employment practice for any em- poration whose place of incorporation is a (ii) the Attorney General may bring an ac- ployer, labor organization, or joint labor- foreign country, any practice prohibited by tion in a district court of the United States for declaratory or injunctive relief against management committee controlling appren- this Act engaged in by such corporation any appropriate State official or State for a ticeship or other training or retraining, in- shall be presumed to be engaged in by such violation of this Act. cluding on-the-job training programs, to discovered entity. criminate against any individual because (2) This Act shall not apply with respect to SEC. 12. FEDERAL IMMUNITY. such individual is a parent in admission to, the foreign operations of a corporation that Notwithstanding any other provision of this Act, in an action or administrative pro- or employment in, any program established is a foreign person not controlled by an ceeding against the United States for a vio- to provide apprenticeship or other training. American covered entity. (3) For purposes of this subsection, the de- lation of this Act, remedies (including rem- SEC. 6. RETALIATION AND COERCION PROHIB- edies at law and in equity, and interest) are ITED. termination of whether a covered entity con- available for a violation to the same extent (a) RETALIATION.—A covered entity shall trols a corporation shall be based on the fac- as the remedies are available against a pri- not discriminate against an employee be- tors set forth in section 702(c)(3) of the Civil vate entity, except that punitive damages cause the employee has opposed any act or Rights Act of 1964 (42 U.S.C. 2000e–1(c)(3)). are not available. practice prohibited by this Act or because (c) This Act shall not apply to a covered SEC. 13. POSTING NOTICES. the employee made a charge, testified, as- entity with respect to the employment of A covered entity shall post notices for in- sisted, or participated in any manner in an aliens outside any State. dividuals to whom this Act applies that de- investigation, proceeding, or hearing under SEC. 11. ENFORCEMENT AND REMEDIES. scribe the applicable provisions of this Act in this Act. (a) INCORPORATION OF POWERS, REMEDIES, the manner prescribed by, and subject to the (b) INTERFERENCE, COERCION, OR INTIMIDA- AND PROCEDURES IN OTHER CIVIL RIGHTS penalty provided under, section 711 of the TION.—A covered entity shall not coerce, in- STATUTES.—With respect to the administra- Civil Rights Act of 1964 (42 U.S.C. 2000e–10). timidate, threaten, or interfere with any em- tion and enforcement of this Act in the case ployee in the exercise or enjoyment of, or on of a claim alleged by an individual for a vio- SEC. 14. REGULATIONS. account of the employee’s having exercised lation of this Act, the following statutory (a) IN GENERAL.—Except as provided in or enjoyed, or on account of the employee’s provisions are hereby incorporated, and subsections 14(b), (c), (d), and (e) below, the having aided or encouraged any other indi- shall, along with the provisions in subsection Commission shall have authority to issue vidual in the exercise or enjoyment of, any 11(b), establish the powers, remedies, proce- regulations to carry out this Act. (b) LIBRARIAN OF CONGRESS.—The Librarian right granted or protected by this Act. dures, and jurisdiction that this Act provides to the Equal Employment Opportunity Com- of Congress shall have authority to issue reg- SEC. 7. OTHER PROHIBITIONS. ulations to carry out this Act with respect to (a) COLLECTION OF STATISTICS.—Notwith- mission, the Attorney General, the Librarian of Congress, the Office of Compliance and its employees of the Library of Congress. standing any other provision of this Act, the (c) BOARD.—The Board of the Office of Board of Directors, the Merit Systems Pro- Commission shall not collect statistics from Compliance shall have authority to issue tection Board, the President, the courts of covered entities on their employment of par- regulations to carry out this Act, in accord- the United States, and/or any other person ents, or compel the collection of such statis- ance with sections 303 and 304 of the Congres- alleging a violation of any provision of this tics by covered entities, unless such statis- sional Accountability Act of 1995 (2 U.S.C. Act— tics are to be used in investigation, litiga- 1383, 1384), with respect to covered employees (1) for individuals who are covered under tion, or resolution of a claim of discrimina- as defined in section 101(3) of such Act (2 title VII of the Civil Rights Act of 1964, as tion under this Act. U.S.C. 1301(3)). amended (42 U.S.C. 2000e et seq.), sections (b) QUOTAS.—A covered entity shall not (d) PRESIDENT.—The President shall have 705, 706, 707, 709, 710, 711, and 717 of that Act adopt or implement a quota with respect to authority to issue regulations to carry out (42 U.S.C. 2000e–4, 2000e–5, 2000e–6, 2000e–8, its employment of parents. this Act with respect to covered employees 2000e–9, 2000e–10, and 2000e–16), and sections SEC. 8. MIXED MOTIVE DISCRIMINATION. as defined in section 411(c)(1) of title 3, 7121, 7701, 7702, and 7703 of title 5, United (a) An unlawful employment practice is es- United States Code. States Code, as applicable; tablished under this Act when the com- (e) COMMISSION AND MERIT SYSTEMS PRO- (2) for individuals who are covered under plaining party demonstrates that— TECTION BOARD.—The Commission and the section 302(a) of the Government Employee (1) an individual’s status as a parent; or Merit Systems Protection Board shall each (2) retaliation, coercion, or threats Rights Act of 1991 (2 U.S.C. 1202(a)), sections have authority to issue regulations to carry against, intimidation of, or interference with 302(b)(1) and 304(b)–(e) of that Act (2 U.S.C. out this Act with respect to individuals cov- an individual as described in section 6 of this 1202(b)(1), 1220(b)–(e)); ered by sections 7121, 7701, 7702, and 7703 of (3) for individuals who are covered under Act title 5, United States Code. section 101(3) of the Congressional Account- was a motivating factor for any employment ability Act of 1995 (2 U.S.C. 1301(3)), sections SEC. 15. RELATIONSHIP TO OTHER LAWS. Nothing in this Act shall affect the inter- practice, even though other factors also mo- 201(b)(1), 225, and 401–416 of that Act (2 U.S.C. pretation or application of, and this Act tivated the practice. 1311(b)(1), 1361, 1401–1416); and (b) When an individual proves a violation (4) for individuals who are covered under shall not invalidate or limit the rights, rem- under this section, and a respondent dem- section 411(c)(1) of title 3, United States edies, or procedures available to an indi- onstrates that the respondent would have Code, sections 411(b)(1), 435, and 451–456 of vidual claiming discrimination prohibited taken the same action in the absence of the that title: under, any other Federal law or any law of a prohibited motivating factor, a court or any (b) ADDITIONAL REMEDIES.— State or political subdivision of a State. other entity authorized in section 11(a) of (1) Notwithstanding any express or implied SEC. 16. SEVERABILITY. this Act to award relief— limitation on the remedies incorporated by If any provision of this Act, or the applica- (1) may grant declaratory relief, injunctive reference in subsection 11(a), and except as tion of such provision to any person or cir- relief (except as provided in clause (2) below), provided in subsection (b)(2) of this section, cumstances, is held to be invalid, the re- and attorney’s fees and costs demonstrated section 8, or section 12 of this Act, any cov- mainder of this Act and the application of to be directly attributable only to the pur- ered entity that violates this Act shall be such provision to other persons and cir- suit of a claim under this section; and liable for such compensatory damages as cumstances shall not be affected. (2) shall not award damages or issue an may be appropriate and for punitive damages SEC. 17. APPROPRIATIONS. order requiring any admission, reinstate- if the covered entity engaged in a discrimi- There are authorized to be appropriated ment, hiring, promotion, or payment. natory practice or practices with malice or such sums as may be necessary to carry out SEC. 9. DISPARATE IMPACT. with reckless indifference to the federally this Act. Notwithstanding any other provision of protected rights of an aggrieved individual. SEC. 18. EFFECTIVE DATE. this Act, the fact that an employment prac- (2) Notwithstanding subsection 11(b)(1), This Act shall take effect 180 days after en- tice has a disparate impact on parents, as (i) absent its consent to a monetary rem- actment and shall not apply to conduct oc- the term ‘‘disparate impact’’ is used in sec- edy, a State may be liable for monetary recurring before the effective date.

VerDate 29-OCT-99 23:38 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.145 pfrm02 PsN: S10PT2 S14556 CONGRESSIONAL RECORD — SENATE November 10, 1999 By Mr. DODD: active partners in our schools. Indeed, activity by age, gender and ZIP code. S. 1908. A bill to protect students business leaders have been some of the Children in a Massachusetts school did from commercial exploitation; to the strongest advocates for school im- a cereal taste test and answered an Committee on Health, Education, provement. Many corporations partner opinion poll. This legislation does not Labor, and Pensions. with schools to contribute to the edu- presume that these activities are bad STUDENT PRIVACY PROTECTION ACT cational mission of the schools, be it or unrelated to learning—it simply re- Mr. DODD. Mr. President, I rise through mentoring programs or quires parents give their permission be- today to offer legislation, ‘‘the Student through donations of technology. Other fore their children participate. Privacy Protection Act,’’ to provide businesses have become well-known for Mr. President, public education is parents and their children with mod- their scholarship support of promising not a new topic for discussion here on est, but appropriate, privacy protection students. And one cannot imagine a the Senate floor. But we rarely think from questionable marketing research successful, relevant vocational edu- about the actual words we use—‘‘Pub- in the schools. cation program without the participa- lic education’’—and what they mean. There are few images as enduring as tion of business. These are schools that belong to us, to those we experienced as school-chil- Each of these activities meets the the public as a whole: schools that dren: the teachers and chalkboards, the central test of contributing to student serve all children, schools that are the principal’s office, children at play dur- learning. Unfortunately, too much central element in their communities, ing recess, school libraries, and desks commercial activity in our schools and that are financed by all of us organized around a room. All define a does not. These issues are not black through our taxes—local, state and fed- school in our memories and continue to and white. Channel One which is in eral. This bill helps ensure that they define schools today. Clearly, there many, many of our nation’s secondary remain true to their name. have been changes and many of those schools offers high quality program- I ask unanimous consent that a copy for the good. Computers have become ming on the news of the day and issues of this legislation be printed in the more common and are now in a major- of importance. They provide tele- RECORD. ity of classrooms. Students with dis- visions, VCR’s, and satellite dishes There being no objection, the bill was abilities are routinely included in reg- along with other significant edu- ordered to be printed in the RECORD, as ular classes rather than segregated in cational programming. But Channel follows: separate classrooms or schools. One is a business; in exchange for all S. 1908 However, some changes in my view that is good comes advertising. Be it enacted by the Senate and House of Rep- have not been for the best. More and Teachers, principals and parents are resentatives of the United States of America in more schools and their classrooms are on the front lines of this issue; each Congress assembled, becoming commercialized. Schools, day making decisions on what goes in SECTION 1. SHORT TITLE. teachers and their students are daily and what stays out of classrooms. In This Act may be cited as the ‘‘Student Pri- barraged with commercial messages my view, too often these decisions are vacy Protection Act’’. aimed at influencing the buying habits made in the face of very limited re- SEC. 2. PRIVACY FOR STUDENTS. of children and their parents. A 1997 sources. I believe most educators rec- Part E of title XIV of the Elementary and study from Texas A&M, estimated that ognize the potential down-sides of ex- Secondary Education Act of 1965 (20 U.S.C. children, aged 4–12 years, spent more posing children to commercial mes- 8891 et seq.) is amended by adding at the end the following: than $24 billion themselves and influ- sages—but too often they have no ‘‘SEC. 14515. PRIVACY FOR STUDENTS. enced their parents to spend $187 bil- choice. They are faced with two poor ‘‘(a) IN GENERAL.—None of the funds au- lion. Marketing to children and youth choices: provide computers, current thorized under this Act may be used by an is particularly powerful however, be- events or other activities with cor- applicable program to allow a third party to cause students are not just current porate advertising or not at all. monitor, receive, gather, or obtain informa- consumers, they will be consumers for The legislation I offer today does not tion intended for commercial purposes from decades to come. And just as we hope second guess these hard decisions. This any student under 18 years of age without that what students learn in schools bill, which is a companion to legisla- prior, written, informed consent of the par- stays with them, marketers know their tion introduced in the other body by ent of the student. ‘‘(b) INTENTION OF THIRD PARTY.—Before a messages stick—be it drinking Coke or Congressman GEORGE MILLER, would school, local educational agency, or State, as Pepsi, or wearing Nikes or Reeboks, prohibit schools from letting students the case may be, enters into a contract with these habits continue into adulthood. participate in various forms of market a third party, the school, agency, or State There is no question that advertising research without their parents’ written shall inquire whether the third party intends is everywhere in our society from bill- permission. This bill would also pro- to gather, collect, or store information on boards to bathroom stalls. But what is vide for a study of the extent and effect students, the nature of the information to be amazing is how prevalent it has be- of commercialism in our schools. gathered, how the information will be used, come in our schools. Companies no This is, I believe, a modest proposal whether the information will be sold, distrib- longer just finance the local school’s that deals with one of the most dis- uted, or transferred to other parties and the amount of class time, if any, that will be scoreboard or sponsor a little league turbing commercial trends in our consumed by such activity. team, major national companies adver- schools. Existing school privacy laws ‘‘(c) CONSENT FORM.—The consent form re- tise in school hallways, in classrooms, protect official records and educational ferred to in subsection (a) shall indicate the on the fields and, even, in curriculum research. Current law leaves a loophole dollar amount and nature of the contract be- which they have developed specifically for companies to go into classroom and tween a school, local educational agency, or to get their messages into classrooms. get information directly from chil- State, as the case may be, and a third party, One major spaghetti sauce firm has en- dren—information about family in- including the nature of the information to be couraged science teachers to have their come, buying habits, preferences, etc. gathered, how the information will be used, if the information will be sold, distributed, student test different sauces for thick- —without the consent of their parents. or transferred to other parties, and the ness as part of their science classes. Marketers and advertisers use this in- amount of class time, if any, that will be Film makers and television studios formation to target and better hone consumed by such activity.’’. promote new releases with special cur- their message to reach youngsters and SEC. 3. GAO STUDY. riculum tied to their movies or shows. their families. (a) IN GENERAL.—The Comptroller General In one school, a student was suspended This is not some scenario from a of the United States shall conduct a study in for wearing a Pepsi T-shirt on the science fiction novel. Elementary accordance with subsection (b) regarding the school’s Coke Day. In another, credit school students in New Jersey filled prevalence and effect of commercialism in card applications were sent home with out a 27-page booklet called ‘‘My All elementary and secondary education. About Me Journal’’ as part of a mar- (b) CONTENTS.—The study shall— elementary school students for their (1) document the nature, extent, demo- parents and the school collected a fee keting survey for a cable television graphics, and trends of commercialism (com- for every family that signed up. channel. A technology firm provides mercial advertising, sponsorships of pro- Mr. President, this is not to say that schools with free computers and Inter- grams and activities, exclusive agreements, companies cannot and should not be net access, but monitors students’ web incentive programs, appropriation of space,

VerDate 29-OCT-99 01:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.130 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14557 sponsored educational materials, electronic Italian American internment, and the years later much information is still classi- marketing, market research, and privatiza- American government has yet to ac- fied, the full story remains unknown to the tion of management) in elementary and sec- knowledge that these events ever took public, and it has never been acknowledged ondary schools receiving funds under the El- place. Through this legislation, the Ad- in any official capacity by the United States ementary and Secondary Education Act of Government. 1965; ministration will be required to report SEC. 3. REPORT. (2) consider the range of benefits and costs, on the extent to which civil liberties The Inspector General of the Department educational, public health, financial and so- were violated. The Justice Department of Justice shall conduct a comprehensive re- cial, of such commercial arrangements in would conduct a comprehensive review view of the treatment by the United States classrooms; and of the Italian American internment, Government of Italian Americans during (3) consider how commercial arrangements and report its findings, including the World War II, and not later than 1 year after in schools affect student privacy, particu- name of every person taken into cus- the date of enactment of this Act shall submit to the Congress a report that documents larly in regards to new technologies such as tody, interned, or arrested. The specific the Internet, including the type of informa- the findings of such review. The report shall tion that is collected on students, how it is injustices they suffered in camps and cover the period between September 1, 1939, used, and the manner in which schools in- jail cells would also be detailed in the and December 31, 1945, and shall include the form parents before information is collected. report. Moreover, federal agencies, following: from the Department of Education to (1) The names of all Italian Americans who By Mr. TORRICELLI: the National Endowment for the Hu- were taken into custody in the initial round- S. 1909. A bill to provide for the prep- manities, would be encouraged to sup- up following the attack on Pearl Harbor, and aration of a Governmental report de- prior to the United States declaration of war port projects like ‘‘Una Storia against Italy. tailing injustices suffered by Italian Segreta’’ that draw attention to this (2) The names of all Italian Americans who Americans during World War II, and a episode of American history. were taken into custody. formal acknowledgment of such injus- The United States has rightfully ad- (3) The names of all Italian Americans who tices by the President; to the Com- mitted its error in interning Japanese were interned and the location where they mittee on the Judiciary. Americans. However, Americans of were interned. (4) The names of all Italian Americans who WARTIME VIOLATION OF ITALIAN AMERICAN Italian descent suffered equal hard- were ordered to move out of designated areas CIVIL LIBERTIES ACT ships and this same recognition has Mr. TORRICELLI. Mr. President, I under the United States Army’s ‘‘Individual been denied to them. I look forward to Exclusion Program’’. rise today to introduce a bill that is working with my colleagues to secure (5) The names of all Italian Americans who important not only to every American passage of this legislation so that the were arrested for curfew, contraband, or of Italian descent, but to any American United States government will begin to other violations under the authority of Exec- citizen who values our Constitutional release the facts about this era. Only utive Order 9066. freedoms. This legislation draws atten- then can Italian Americans begin to (6) Documentation of Federal Bureau of In- tion to the plight of Italian Americans come to terms with the treatment they vestigation raids on the homes of Italian during World War II. Their story has Americans. received during World War II. (7) A list of ports from which Italian Amer- received little attention until now, and Mr. President, I ask unanimous con- ican fishermen were restricted. I am pleased to be able to heighten sent that the text of the bill be printed (8) The names of Italian American fisher- public awareness about the injustices in the RECORD. men who were prevented from fishing in pro- they suffered. There being no objection, the bill was hibited zones and therefore unable to pursue Hours after the Japanese bombed ordered to be printed in the RECORD, as their livelihoods. Pearl Harbor on December 7, 1941, the follows: (9) The names of Italian Americans whose boats were confiscated. Federal Bureau of Investigation ar- S. 1909 rested 250 Italian Americans and (10) The names of Italian American rail- Be it enacted by the Senate and House of Rep- road workers who were prevented from work- shipped them to internment camps in resentatives of the United States of America in ing in prohibited zones. Montana and Ellis Island. These men Congress assembled, (11) A list of all civil liberties infringe- had done nothing wrong. Their only SECTION 1. SHORT TITLE. ments suffered by Italian Americans during crime was their Italian heritage and This Act may be cited as the ‘‘Wartime World War II, as a result of Executive Order the suspicion that they could be dan- Violation of Italian American Civil Liberties 9066, including internment, hearings without gerous during war time. By 1942, all Act’’. benefit of counsel, illegal searches and sei- Italian immigrants, approximately SEC. 2. FINDINGS. zures, travel restrictions, enemy alien reg- The Congress makes the following findings: istration requirements, employment restric- 600,000 people, were labeled ‘‘enemy (1) The freedom of more than 600,000 tions, confiscation of property, and forced aliens’’ and given photo IDs which they Italian-born immigrants in the United evacuation from homes. had to carry at all times. They could States and their families was restricted dur- (12) An explanation of why some Italian travel no further than five miles from ing World War II by Government measures Americans were subjected to civil liberties their homes and were required to turn that branded them ‘‘enemy aliens’’ and in- infringements, as a result of Executive Order in all cameras, flashlights and weap- cluded carrying identification cards, travel 9066, while other Italian Americans were not. ons. restrictions, and seizure of personal prop- (13) A review of the wartime restrictions These violations did not discriminate erty. on Italian Americans to determine how civil (2) During World War II more than 10,000 liberties can be better protected during na- against class or social status. In San Italian Americans living on the West Coast tional emergencies. Francisco, Joe DiMaggio’s parents were forced to leave their homes and prohib- SEC. 4. SENSE OF THE CONGRESS. were forbidden to go further than five ited from entering coastal zones. More than It is the sense of the Congress that— miles from their home without a per- 50,000 were subjected to curfews. (1) the story of the treatment of Italian mit. Even Enrico Fermi, a leading (3) During World War II thousands of Americans during World War II needs to be Italian physicist who was instrumental Italian American immigrants were arrested, told in order to acknowledge that these in America’s development of the atom- and hundreds were interned in military events happened, to remember those whose ic bomb, could not travel freely along camps. lives were unjustly disrupted and whose free- (4) Hundreds of thousands of Italian Ameri- doms were violated, to help repair the dam- the East Coast. Yet, while these activi- cans performed exemplary service and thou- age to the Italian American community, and ties persisted in the United States, sands sacrificed their lives in defense of the to discourage the occurrence of similar in- Italian Americans comprised the larg- United States. justices and violations of civil liberties in est ethnic group in the Armed Forces. (5) At the time, Italians were the largest the future; During the war, Italian Americans foreign-born group in the United States, and (2) Federal agencies, including the Depart- fought valiantly to defend the freedoms today are the fifth largest immigrant group ment of Education and the National Endow- that their loved ones were being denied in the United States, numbering approxi- ment for the Humanities, should support at home. mately 15,000,000. projects such as— These are the stories we know about (6) The impact of the wartime experience (A) conferences, seminars, and lectures to was devastating to Italian American commu- heighten awareness of this unfortunate chap- and the facts which have come to light. nities in the United States, and its effects ter in our Nation’s history; Yet more than fifty years after the end are still being felt. (B) the refurbishment of and payment of of World War II, the American people (7) A deliberate policy kept these measures all expenses associated with the traveling still do not know the details of the from the public during the war. Even 50 exhibit ‘‘Una Storia Segreta’’, exhibited at

VerDate 29-OCT-99 01:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.132 pfrm02 PsN: S10PT2 S14558 CONGRESSIONAL RECORD — SENATE November 10, 1999 major cultural and educational institutions (1) in the first sentence— national cooperation. Ironically, next throughout the United States; and (A) by inserting a period after ‘‘park’’; and week the U.S. Commissioners to the (C) documentaries to allow this issue to be (B) by striking the remainder of the sentence; and International Commission for the Con- presented to the American public to raise its servation of Atlantic Tunas (ICCAT) awareness; (2) by striking the last sentence. (3) an independent, volunteer advisory (b) TECHNICAL CORRECTIONS.—Section will be meeting in Brazil to consider committee should be established comprised 1601(c)(8) of Public Law 97–607 (94 Stat. 3547; many challenging issues, including a 16 U.S.C. 410 (c)(8)) is amended by striking of representatives of Italian American orga- ll rebuilding plan for the north Atlantic ‘‘Williams’’ and inserting ‘‘Main’’. nizations, historians, and other interested ∑ stock of swordfish. individuals to assist in the compilation, re- By Mr. BREAUX (for himself, Ms. Under the bill we introduce today, we search, and dissemination of information are taking a bold first step to address SNOWE, Mr. HOLLINGS, Mr. concerning the treatment of Italian Ameri- the problems in our own coastal wa- SHELBY, Mr. KERRY, Mr. SES- cans; and ters. I am confident that this first step SIONS, and Ms. LANDRIEU): (4) after completion of the report required will serve as an example to the inter- by this Act, financial support should be pro- S. 1911. A bill to conserve Atlantic vided for the education of the American pub- highly migratory species of fish, and national community on focusing much lic through the production of a documentary for other purposes; to the Committee needed attention to this important film suited for public broadcast. on Commerce, Science, and Transpor- issue.∑ SEC. 5. FORMAL ACKNOWLEDGEMENT. tation. ∑ Mr. HOLLINGS. Mr. President, I rise The United States Government formally today to join my colleague, Senator ATLANTIC HIGHLY MIGRATORY SPECIES ACT acknowledges that these events during World BREAUX, in introducing the Atlantic ∑ Mr. BREAUX. Mr. President, I rise War II represented a fundamental injustice Highly Migratory Species Conservation against Italian Americans. today to send to the desk a bill that is called the Atlantic Highly Migratory Act of 1999. I am pleased to co-sponsor By Mr. MOYNIHAN (for himself Species Act of 1999. The legislation co- this legislative effort to promote conservation and bycatch reduction of and Mr. SCHUMER): sponsored by Senators SNOWE, HOL- S. 1910. A bill to amend the Act es- LINGS, SHELBY, KERRY, SESSIONS and small swordfish, billfish, and other tablishing Women’s Rights National LANDRIEU results from a far reaching highly migratory species. Historical Park to permit the Sec- conservation agreement among four The Atlantic Highly Migratory Spe- retary of the Interior to acquire title key recreational and commercial fish- cies Conservation Act would create in fee simple to the Hunt House located ing organizations. These organizations time-area closures for pelagic longline in Waterloo, New York; to the Com- include the Billfish Foundation, the fishing along 160,000 miles of the Atlan- mittee on Energy and Natural Re- Coastal Conservation Association, the tic and the Gulf of Mexico coasts. sources. American Sportfishing Association and These closures include the three major HUNT HOUSE PURCHASE AUTHORIZATION the Blue Water Fishermen’s Associa- spawning areas where a significant por- LEGISLATION tion. tion of juvenile swordfish and billfish ∑ Mr. MOYNIHAN. Mr. President, I The legislation will prohibit pelagic bycatch mortality occurs. I am par- rise to introduce a bill that would au- long line fishing for designated months ticularly pleased to see that these clo- thorize the Secretary of the Interior to each year in U.S. waters determined to sures encompass the coastal waters of purchase the Hunt House in Seneca be swordfish nursery and billfish by- my home state of South Carolina and Falls, New York. This summer the catch areas based on extensive anal- particularly a highly productive sword- owners of the Hunt House put it on the yses of the best available science. fish spawning and nursery ground, the market for $135,000. Of four historic Based upon the effectiveness of this Charleston Bump. In conjunction with buildings in Seneca Falls that should type of management strategy in other the closures, the bill would reduce fish- be part of the Women’s Rights National U.S. fisheries, I am optimistic about ing capacity by retiring approximately Historical Park, the Hunt House is the the benefits that can come from the 68 longline vessels from the commer- only one that is not. It was the site of legislation. cial fishery through a fair and equi- the gathering of five women (the found- Mr. President, the legislation has table program funded by the federal ing mothers, you might say) who de- three major components that I would government and the recreational and cided to hold the Nation’s first wom- like to briefly outline. commercial fishing industries. In addi- en’s rights convention. That conven- First, the bill would prohibit pelagic tion, the Act would establish a re- tion took place in Seneca Falls in July, longline fishing for certain months search program, in conjunction with 1848. The Women’s Rights Park is a each year in U.S. waters where sword- the National Marine Fisheries Service, monument to the idea they espoused fish and billfish are caught with other to study longline gear and potential that summer, that women should have fish. Essentially, more than 160,000 gear improvements. All too frequently equal rights with men; one of the most square nautical miles in the Atlantic we are forced to make fisheries man- influential ideas of the last 150 years. Ocean and Gulf of Mexico would be- agement decisions with too little infor- Adding the Hunt House to the Park come a conservation area to rebuild mation; these research provisions will would complete it. The problem is that populations of swordfish, sailfish, tuna, provide data crucial for management of the Department was not given the au- marlin and sharks. highly migratory species. thorization to purchase the Hunt House Recognizing the economic impact on The current proposal results from ar- in the bill I offered 20 years ago so that commercial fishermen, the legislation duous work and negotiation among speculation would not drive up the provides a fair and equitable program commercial and recreational fishing price of the house when it eventually for longline vessel owners who are ad- groups including the Coastal Conserva- went on the market. That worked. But versely impacted by the fishing prohi- tion Association, the American now the lack of an authorization bition. Funding of the permit buyback Sportsfishing Association, the Billfish should not keep us from being able to program would come through a part- Foundation, and the Blue Water Fish- acquire the house at all. This bill sim- nership of the recreational and com- erman’s Association. I commend these ply removes the restriction against a mercial fishing industries and federal groups for their cooperation in devel- fee simple purchase by the Park Serv- funds. oping this truly constructive conserva- ice. I hope my colleagues will offer The bill also directs the National Ma- tion plan based on extensive analyses their support, and I ask that the text of rine Fisheries Service to conduct a of the best available science. I also ap- the bill be printed in the RECORD. comprehensive research program in co- prove of their effort to make this bill The bill follows: operation with the U.S. longline fleet consistent with the principles gov- S. 1910 to identify and test a variety of erning capacity reduction established Be it enacted by the Senate and House of Rep- longline gear configurations to deter- in the Magnuson-Stevens Fishery Con- resentatives of the United States of America in Congress assembled, mine which are the most effective at servation and Management Act. The introduction of the Atlantic SECTION 1. ACQUISITION OF HUNT HOUSE. reducing billfish bycatch in the Atlan- (a) IN GENERAL.—Section 1601(d) of Public tic and Gulf of Mexico. Highly Migratory Species Conservation Law 97–607 (94 Stat. 3547; 16 U.S.C. 410ll(d)) is I believe that a true solution to the Act of 1999 couldn’t come at a better amended— bycatch issue will require inter- time. Many of the highly migratory

VerDate 29-OCT-99 01:41 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.134 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14559 species, including North Atlantic eral funds. Lastly, this legislation di- nical standards that enable essential swordfish, are currently overfished. rects the National Marine Fisheries technologies to interoperate, and on a The National Marine Fisheries Service Service to conduct a comprehensive re- policy and legal framework that sup- reports that billfish and some shark search program in cooperation with the ports the development that the market and tuna species are at all-time lows in U.S. longline fleet to identify and test demands in a timely manner. abundance as a result of longline fish- a variety of longline gear configura- The United States is leading this ing bycatch and widespread disregard tions to determine which are the most global revolution. Our industries are at for international rules by commercial effective at reducing billfish bycatch in the forefront in every sector, contin- fishermen of other nations. The inter- the Atlantic and Gulf of Mexico. ually evolving their businesses and de- national management body for highly We are introducing this legislation at veloping new technologies to adapt to migratory species, the International an important time. It will serve as an changing market needs. Continued Commission for the Conservation of example to show the international growth of the overall electronic com- Atlantic Tunas (ICCAT), recently ex- community at next week’s negotia- merce market is vital to our economy pressed concern about the high catches tions in Brazil, at the International as well as the global market. and discards of small swordfish and em- Commission for the Conservation of For the electronic commerce market phasized that future gains in yield Atlantic Tunas (ICCAT), that the U.S. to sustain its current phenomenal could accrue if fishing mortality on embraces use of time-area closures to growth rate, companies must be al- small fish could be reduced. Further, help swordfish recover. lowed to be agile and flexible in re- ICCAT encouraged member nations to I believe that this legislation will sponding to market needs, their activi- consider alternative methods such as serve as one prong, of a two-prong U.S. ties unfettered by cumbersome and time/area closures to aid rebuilding of strategy in international negotiations static regulations. The federal govern- highly migratory stocks. I commend on swordfish quotas that ensures the ment must allow the private sector to Senator BREAUX for attempting to es- total mortality of swordfish, including continue to take the lead in developing tablish such areas domestically, and discards, is limited to levels that will this dynamic global market, and re- hope that we can serve as a model for allow the stock to recover in 10 years. frain from undue regulatory measures other nations. I look forward to working with Mr. wherever possible. While this legislation can result in BREAUX and other cosponsors of the At the same time, the federal govern- important conservation achievements, bill to ensure that this legislation is ment must unambiguously signal its we must also employ other means to both consistent with the principles of strong desire to promote and facilitate protect and rebuild our highly migra- the Magnuson-Stevens Act and part of the growth of the electronic commerce tory species such as swordfish. Next an effective national plan to ensure re- market by adopting and deploying rel- week, ICCAT will convene in Rio de covery of the North Atlantic swordfish evant electronic commerce tech- Janero, Brazil to determine new inter- stock within 10 years.∑ nologies within the federal agencies, as national management measures for At- well as widely promoting their use by lantic swordfish. The United States By Mr. FRIST (for himself, Mr. small and medium-sized enterprises. must supplement Senator BREAUX’s MCCAIN, and Mr. BINGAMAN): Usage of these technologies in the proposal by securing an agreement at S. 1912. A bill to facilitate the growth federal agencies enables us to share in ICCAT that will reduce catches by all of electronic commerce and enable the the benefits of the electronic com- member nations sufficient to allow the electronic commerce market to con- merce revolution and participate more North Atlantic swordfish population to tinue its current growth rate and real- effectively as an active contributor in recover within ten years or less—a goal ize its full potential, to signal strong the private sector efforts to develop that scientists tell us can only be support of the electronic commerce the frameworks and specifications nec- achieved if we count discarded dead market by promoting its use within essary for systems and components to swordfish against the catch quotas. In Federal government agencies and small interoperate. This has the added advan- addition, I am certain that Senator and medium-sized businesses, and for tage of allowing the government to in- BREAUX’s effort to reduce bycatch and other purposes; to the Committee on tercede in a timely manner, either in establish time-area closures will serve Commerce, Science, and Transpor- failure conditions or to remove barriers as a powerful example to the inter- tation. erected by foreign governments. Fur- national community of a responsible THE ELECTRONIC COMMERCE TECHNOLOGY thermore, we would be strengthening method for sustaining and restoring PROMOTION ACT our global leadership position, while at highly migratory species. ∑ Mr. FRIST. Mr. President, I rise the same time establishing a model for I applaud my colleague and the other today to introduce the Electronic Com- other governments and enabling the architects of this ambitious conserva- merce Technology Promotion Act. I am growth of the global electronic com- tion effort and look forward to working very pleased to be joined by Senators merce market. with Senator BREAUX and other co- MCCAIN and BINGAMAN. Small and medium-sized businesses sponsors to ensure that this legislation Electronic commerce has fundamen- have traditionally been the fastest is part of an effective national plan tally changed the way we do business, growing segment of our economy, con- that ensures recovery of the North At- promising increased efficiency and im- tributing more than 50 percent of the lantic swordfish stock within 10 years proved quality at lower cost. It has private sector output in the United in a manner consistent with the goals been widely embraced by industry, States. Electronic commerce has the of the Magnuson-Stevens Act.∑ both in the United States and abroad. potential to enable these enterprises to ∑ Mr. KERRY. Mr. President, I rise This is evident in the growth of the enter the market with lower entry today to co-sponsor a bill introduced electronic commerce market, which costs, yet extend their reach to a much by Mr. BREAUX, that is called the At- though almost non-existent just a few larger market. The federal government lantic Highly Migratory Species Act of years ago, is expected to top a stag- has an inherent interest in helping 1999. gering $1 trillion by 2003, according to them to maintain their global competi- This legislation closes large areas to market research reports. tiveness. longline gear, including the important The basis for the growth of electronic It is in response to these needs that I spawning areas where juvenile bycatch commerce is the potential that elec- introduce today the Electronic Com- of swordfish and other billfish species tronic transactions can be completed merce Technology Promotion Act. The are the highest. This legislation will seamlessly and simultaneously, regard- legislation establishes a Center of Ex- also provide a fair and equitable pro- less of geographical boundaries. Inher- cellence for Electronic Commerce at gram for longline vessel owners who ent in this is the ability of different the National Institute of Standards are adversely impacted by the fishing systems to communicate and exchange and Technologies (NIST) that will act prohibition. Funding of the permit data, commonly referred to as ‘‘system as a centralized resource of informa- buyback program would come through interoperability’’. The continued tion for federal agencies and small and a partnership of the recreational and growth of global electronic commerce medium-sized businesses in electronic commercial fishing industries and fed- depends on a fundamental set of tech- commerce technologies and issues. My

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.165 pfrm02 PsN: S10PT2 S14560 CONGRESSIONAL RECORD — SENATE November 10, 1999 intention is not to create yet another (MEP), and changing the name to allow the Ak-Chin Indian Community program at NIST which will require NIST. Turning to the challenges of to- to enter into leases of the Commu- substantial appropriations, but to cre- day’s growing digital economy, this nity’s water for a term not to exceed ate an office that focuses solely on bill makes NIST a focal point in the 100 years. On December 15, 1994, the Ak- electronic commerce by building upon federal government for promoting elec- Chin Indian Community entered into existing expertise and resources. We tronic commerce throughout our econ- an agreement with the Del Webb Cor- have proposed that the Center be orga- omy by establishing a Center of Excel- poration to allow the company the op- nized as a matrix organization that lence in Electronic Commerce there. tion to lease up to 10,000 acre-feet of will coordinate existing as well as fu- While the challenges of making things water for a period of 100 years from the ture activities at the Institute on elec- fit together in a digital economy are date the option was exercised. Del tronic commerce. different—and now go under the un-me- Webb exercised the option on December The Center will also coordinate its lodic term ‘‘interoperability’’—they 6, 1996, with a principal objective of activities with the Department of Com- are just as crucial as they were in the providing a water supply for its devel- merce’s Manufacturing Extension Pro- industrial economy of 1901. And, NIST opment of a master-planned commu- gram (MEP) and the Small Business remains an excellent place to lead the nity in the Phoenix area. Administration to provide assistance work. However, since 1995, the State of Ari- to small and medium-sized enterprises I’m particularly pleased that this bill zona, through its Department of Water on issues related to the deployment includes the fundamental idea behind Resources, has required certificates of and use of electronic commerce tech- my bill S. 1494, the Electronic Com- assured water supply for 100 years for nologies, including developing training merce Extension Establishment Act of developments within the Phoenix Ac- modules and software toolkits. In 1999. That is, NIST ought to lead an tive Management Area. The 100-year working jointly, the Center can build electronic commerce extension pro- assured water supply requirement is upon the existing MEP infrastructure gram or service to provide small busi- one of the key tenets of Arizona’s to reach out to these businesses. It is nesses with low cost, impartial tech- water resource management. A certifi- important to note that my intention is nical advice on how to enter and suc- cate cannot be obtained unless a devel- not to enlarge or modify the charter of ceed in e-commerce. This service will oper demonstrates that sufficient the MEP program. help ensure that small businesses in groundwater, surface water or ade- Mr. President, I believe that the every part of the nation fully partici- quate quality effluent will be continu- growth of the electronic commerce pate in the unfolding e-commerce revo- ously available to satisfy the proposed market is vital to our economic lution through a well-proven policy use of the development for at least 100 growth. It is our responsibility to fa- tool—a service analogous to the De- years. cilitate this growth as well as do our partment of Agriculture’s Cooperative Unfortunately, the lease as signed in best to enable the market to sustain Extension Service and NIST’s own 1996 has now matured for three years its current phenomenal growth rate. MEP. I believe such a service would without the actual application to the Therefore, I urge my colleagues to sup- help both small businesses and our en- Arizona Department of Water Re- port timely passage of this legislation tire economy as the productivity en- sources for a certificate of assured so that we can give our unambiguous hancements from e-commerce are water supply. The Arizona Department support for the development of elec- spread more rapidly, and I recently of Water Resources advised the com- tronic commerce as a market-driven asked Secretary Daley for a report on pany that it interprets its regulations phenomenon, and signal our strong de- how such a service should work. So, I to require Del Webb to demonstrate sire to promote and facilitate the thank Senator FRIST for including my that water leased under the agreement growth of the electronic commerce basic policy idea in his bill and look with the Community will be available market.∑ forward to working with him to flesh it for a period of 100 years from the date Mr. BINGAMAN. Mr. President, I am out, particularly in light of the report each certificate issued. Under ADWR’s very pleased to join Senators FRIST and we should get from the Commerce De- interpretation, if Del Webb applies for MCCAIN today in introducing the partment. a certificate of assured water supply on ‘‘Electronic Commerce Technology Mr. President, I urge my colleagues December 6, 1999, it must show that Promotion Act.’’ This bill, which sets to join Senators FRIST, MCCAIN, and water will be available under the lease up a center of Excellence in Electronic myself in supporting this bill, as one agreement until December 6, 2099. How- Commerce at the National Institutes of step the Congress can take to make ever, because Del Webb exercised its sure an important federal agency, Standards and Technology, or NIST, is option in 1996, the lease agreement be- NIST, continues its strong tradition of a solid step towards adapting an impor- tween Del Webb and the Community helping our economy—our growing dig- tant federal agency to the digital econ- will expire on December 6, 2096, and ital economy—to be the most competi- omy we see blooming around us. will not meet the State’s test of con- tive in the world. NIST was established in 1901 as the tinuing legal and physical availability National Bureau of Standards during a By Mr. LOTT (for Mr. MCCAIN of water supply. Moreover, the Commu- time of tremendous industrial develop- (for himself and Mr. KYL)): nity does not have statutory authority ment, when technology became a key S. 1913. A bill to amend the Act enti- to grant leases with terms in excess of driver of our economic growth. Making tled ‘‘An act relating to the water 100 years. those technologies literally fit to- rights of the Ak-Chin Indian Commu- To resolve this unanticipated con- gether reliably through standards be- nity’’ to clarify certain provisions conflict, the affected parties have agreed came crucial, and Congress realized cerning the leasing of such water that what is required is a simple modi- that one key to sustaining our indus- rights, and for other purposes; to the fication to the Ak-Chin Water Rights trial growth and the quality of our Committee on Indian Affairs. Settlement Act of 1984 to allow the ex- products would be a federal laboratory THE AK-CHIN WATER RIGHTS SETTLEMENT ACT tension of leasing authority to include devoted to developing standards. The AMENDMENTS OF 1999 options to lease and renew or extend Bureau of Standards is a classic exam- ∑ Mr. McCAIN. Mr. President, I rise on existing leases. This change will allow ple of how the federal government can behalf of myself and my colleague, the Ak-Chin Indian Community to ex- support technical progress that Senator KYL, to offer legislation that tend or renew the existing lease to Del undergirds economic growth and en- will make an important clarification Webb for a cumulative term that would ables the competitive marketplace to to the Ak-Chin Water Rights Settle- expire more than 100 years from today. work. ment Act of 1984. Similar legislation Mr. President, this legislation will Around ten years ago, Congress has been introduced in the House by make a technical change to the Ak- modified the Bureau’s charter in re- Representative Shadegg. Chin Water Rights Settlement Act in sponse to the problems of the 1980’s, in- Let me explain why this legislation order for the Ak-Chin/Del Webb agree- creasing its focus on competitiveness, is necessary. ment to be in compliance with State adding efforts like the highly regarded In 1992, Congress amended the Ak- law. All parties and interests directly Manufacturing Extension Program Chin Water Rights Settlement Act to impacted by this lease agreement are

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.148 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14561 supportive of this amendment. There- panies for the payment of policy- recover from natural disasters, it is im- fore, it is our hope that we can move holders’ claims arising from future cat- portant to remember that—under our this legislation quickly. astrophic events; to the Committee on current insurance tax and regulatory I ask to include a complete text of Finance. systems—many private insurers may the legislation in the RECORD. POLICYHOLDER DISASTER PROTECTION ACT not be able to pay all claims arising The bill follows: ∑ Mr. MACK. Mr. President, I rise from a major disaster. Hurricane An- S. 1913 today to address a problem that ought drew and the Northridge Earthquake Be it enacted by the Senate and House of Rep- to be a concern to all of us: natural dis- opened our eyes to the country’s mas- resentatives of the United States of America in asters and the exposure of the private sive exposure to catastrophic losses. Congress assembled, insurance industry to catastrophic Insured losses in my state from Hurri- SECTION 1. CONSTITUTIONAL AUTHORITY. risks. In my state of Florida, we have cane Andrew exceeded $15 billion. But The Constitutional authority for this Act a particular concern about hurricane if this storm had passed over Miami, rests in article I, section 8, authorizing Con- risk, but many areas of the country are rather than Homestead just 40 miles gress to ‘‘regulate Commerce with foreign exposed to the risks of other major ca- south, insured losses could have Nations, and among the several States, and tastrophes—whether they be volcanoes, reached $50 billion, leaving the Florida with the Indian tribes’’. earthquakes or tornadoes. Increas- economy crippled and more than a SEC. 2. TECHNICAL AMENDMENTS TO AK-CHIN ingly, I am concerned about the state WATER USE ACT OF 1984. third of all insurers in that market in- of the private insurance industry and (a) SHORT TITLE.—This section may be solvent. cited as the ‘‘Ak-Chin Water Use Amend- its ability to withstand a major catas- There is always the potential for a ments Act of 1999’’. trophe—a catastrophe of Hurricane An- major disaster in any given year in the (b) AUTHORIZATION OF USE OF WATER.—Sec- drew size ($15 billion in insured losses) United States. Estimates of insured tion 2(j) of the Act of October 19, 1984 (Public or greater. losses from highly probable events Law 98–530; 98 Stat. 2698) is amended to read Today, I am introducing legislation range from about $75 billion in Cali- as follows: to help address this problem and fornia and Florida to $100 billion or ‘‘(j)(1) The Ak-Chin Indian Community strengthen disaster protection for more in areas of the Midwest. The Gulf, (hereafter in this subsection referred to as homeowners and businesses while pro- the ‘Community’) shall have the right to de- Intermountain West, and Atlantic vote the permanent water supply provided tecting the interests of the taxpayer. I states all face exposures of approxi- for by this Act to any use, including agricul- am pleased my friend from Texas, Sen- mately $20 billion or more. tural, municipal, industrial, commercial, ator HUTCHISON, has joined me in this Unfortunately, our current system of mining, recreational, or other beneficial use, effort. I believe our approach is an in- tax laws and accounting rules work in the areas initially designated as the Pinal, novative, private-sector solution to the against consumers and taxpayers be- Phoenix, and Tucson Active Management problem of catastrophic risk and I en- cause they discourage private market Areas pursuant to the Arizona Groundwater courage my colleagues to review this preparation for future major disasters. Management Act of 1980, laws 1980, fourth proposal carefully. Present tax laws do not permit por- special session, chapter 1. The Community is Consumers of property and casualty authorized to lease or enter into options to tions of consumers’ insurance policy lease, to renew options to lease, to extend insurance must be able to rely on their payments to be set aside and tax de- the initial terms of leases for the same or a insurers for protection against the risk ferred in order to provide for the risk lesser term as the initial term of the lease, of catastrophic loss. However, protec- of truly catastrophic loss events. Iron- to renew leases for the same or a lesser term tion for policyholders in today’s sys- ically, our tax system allows insurers as the initial term of the lease, to exchange tem is weak; a major future catas- to set aside funds on a tax-deductible or temporarily dispose of water to which it is trophe could leave consumers without basis to address disasters that have al- entitled for the beneficial use in the areas protection and—if past experience is ready happened but it gives them no initially designated as the Pinal, Phoenix, any indication—the government would and Tucson Active Management Areas pursu- incentive to prepare for those major ant to the Arizona Groundwater Manage- intervene to ensure the people in the disasters that have not yet happened. ment Act of 1980, laws 1980, fourth special disaster areas receive timely com- Policyholder premiums needed to session, chapter 1. pensation. It is important to note that fund policyholders’ catastrophic losses ‘‘(2) Notwithstanding paragraph (1), the current law actually poses a disincen- in future years are subject to current initial term of any lease entered into under tive for insurers to set aside special re- tax if not used in a particular year. this subsection shall not exceed 100 years serves for catastrophic events. Any This diminishes the power of insurers and the Community may not permanently money set aside to cover potential risk to protect policyholders against future alienate any water right. In the event the is considered taxable income. To fix losses. This structure is inadequate for Community leases, enters into an option to lease, renews an option to lease, extends a this flaw in America’s insurance sys- assuring that property-casualty poli- lease, renews a lease, or exchanges or tempo- tem, we need to provide incentives for cies will protect consumers from future rarily disposes of water, such action shall insurers to set aside a portion of their major catastrophic losses. only be valid pursuant to a contract that has policy premiums in secure reserve The tax law should be revised in been accepted and ratified by a resolution of funds that will be available to meet order to make accommodation for dis- the Ak-Chin Indian Community Council and policyholder needs in the event of fu- aster protection reserves and bring approved and executed by the Secretary.’’. ture catastrophes. Our bill does just about a more practical, and sensible, (c) APPROVAL OF LEASE AND AMENDMENT OF that. system for insurance companies and LEASE.—The option and lease agreement The typical property and casualty in- among the Ak-Chin Indian Community, the consumers. United States, and Del Webb Corporation, surance company in the United States Under the Policyholder Disaster Pro- dated as of December 14, 1996, and the is exposed to multiple forms of cata- tection Act, insurers could set aside Amendment Number One thereto among the strophic risk. This risk can take the portions of policyholder payments in a Ak-Chin Indian Community, the United form of major disasters that occur only tax-deferred disaster protection fund. States, and Del Webb Corporation, dated as once in a decade or once in several dec- Amounts from this fund used to pay for of January 7, 1999, are hereby ratified and ap- ades (e.g., severe earthquakes, major losses from a major disaster would be proved. The Secretary of the Interior is here- hurricanes). These can also be in the subject to taxation. This concept is by authorized and directed to execute form of localized natural disasters similar to programs presently in place Amendment Number One, and the restated agreement as provided for in Amendment (e.g., tornadoes, wildfires, floods, win- in many other developed countries. Number One, not later than 60 days after the ter storms) that cause unusually large I believe this legislation would result date of the enactment of this Act.∑ policyholder losses in a region and im- in greater stability for insurers pro- peril the ability of smaller insurance viding catastrophic coverage and fewer By Mr. MACK (for himself and companies to help their policyholders insolvencies after a major disaster. A Mrs. HUTCHISON): in the area. recent study by a major U.S. account- S. 1914. A bill to amend the Internal The nation’s exposure to these large ing firm determined that approxi- Revenue Code of 1986 to provide for the natural disasters is staggering. While mately $21 billion in pre-funded re- creation of disaster protection funds by millions of families and small busi- serves would be accumulated within property and casualty insurance com- nesses rely on insurance payments to the first ten years of the program.

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.167 pfrm02 PsN: S10PT2 S14562 CONGRESSIONAL RECORD — SENATE November 10, 1999 Also, the tax incentive in the bill will and security to insurance policyholders It is now time to take their advice. encourage insurers to serve disaster- throughout the country, and I believe The Small Community Assistance Act prone areas in a responsible manner by it is worthy of support and consider- of 1999 will give much needed assist- setting aside funds to pay for major ation. ance to small towns and communities losses. The bill we’re introducing today mir- in Vermont and across the nation. This The treatment of the fund by insur- rors a bill introduced by Congressman bill will give small communities more ers would be closely regulated. Fol- FOLEY and MATSUI in the House of Rep- input into the regulatory review proc- lowing is a general description of the resentatives. It is also supported by ess, clearer and simpler environmental provisions of the bill: taxpayer, homeowner, consumer, busi- guidelines, and more assistance in Insurers would be able to set aside ness and emergency service organiza- meeting environmental obligations. special tax-deferred reserves to cover tions, as well as local and state policy This legislation acts on the rec- potential catastrophic events. makers and insurance organizations. I ommendations of people from small The maximum amount any insurer believe it is a sensible approach and I communities throughout the United could set aside in a given year would be hope my colleagues will join me in this Stats. Small community members pro- determined by reference to each insur- effort.∑ vided the impetus for this bill, helped ance company’s exposure to the risk of write the bill itself, and provided nu- catastrophic loss events. By Mr. JEFFORDS (for himself, merous helpful comments. To these Deductible contributions to disaster Mr. CRAPO, Mr. MURKOWSKI, Mr. small community members I offer my protection funds would be voluntary, SCHUMER, Mr. HARKIN, Mr. sincere appreciation. I would especially but would be irrevocable once made BRYAN, Mr. BURNS, and Mr. like to thank the members of EPA’s (except to the extent of ‘‘drawdowns’’ REID): Small Community Advisory Sub- for actual catastrophic loss events, or S. 1915. A bill to enhance the services committee for all of their help, and I drawdowns otherwise required by state provided by the Environmental Protec- thank the committee for its unanimous insurance regulators). No company tion Agency to small communities that endorsement of this bill. could use these funds to shelter income are attempting to comply with na- I would like to thank the original co- from taxation. tional, State, and local environmental sponsors of this bill, Senators CRAPO, The maximum allowable reserve for regulations; to the Committee on Envi- MURKOWSKI, SCHUMER, HARKIN, BRYAN, any given company will increase or de- ronment and Public Works. BURNS, and REID. Their leadership on crease as they enter or exit lines of SMALL COMMITTEE ASSISTANCE ACT OF 1999 this bill underscores their dedication business that pose catastrophic risk. Mr. JEFFORDS. Mr. President, for to helping people in our small towns. I Insurers would only be allowed to years small communities across the urge every one of my colleagues to co- drawdown the disaster reserves if the United States have labored to meet en- sponsor this bill. Together, we can im- loss event in question is declared an vironmental regulations written for prove the quality of life and further en- emergency or disaster by certain recog- major cities. They have struggled un- vironmental protections in our small nized bodies or government officials duly with complicated regulations de- communities nationwide. (for example, a disaster declared by the signed for Chicago or Los Angeles. Mr. REID. Mr. President, I am President under the Stafford Act) and Today I am introducing legislation de- pleased to join today with a geographi- that losses in a year exceed the speci- signed to end this problem: the Small cally and politically diverse group of fied high level. The amounts distrib- Community Assistance Act of 1999. Senators to introduce the Small Com- uted from the fund are added to com- We who live in small towns such as munity Assistance Act of 1999. I company’s taxable income for the year in my home town of Shrewsbury, mend Senator JEFFORDS for investing which the drawdown occurred. Vermont are proud of our community his time and energy in developing this Insurance companies would pay taxes and our environment. We want to com- important legislation. This Small Com- on income generated when funds in the ply with reasonable health and envi- munity Assistance Act will help ensure disaster reserve are invested. This in- ronmental standards in order to leave a that small towns all across America come would be distributed out of the healthy legacy for our children. But we are included in a combined local, state, fund to the insurance company and do not have the staff or financial ca- and national effort to protect the envi- taxed to the company on a current pacity of larger communities to re- ronment. basis. spond to far-reaching regulations. We This bill would help increase commu- The maximum reserve (or ‘‘cap’’) are concerned about standards written nications and cooperation between the would be phased in at the rate of five without consideration for the special U.S. Environmental Protection Agency percent per year over 20 years. Indus- circumstances small towns in America and smaller communities. By estab- try estimates indicate private reserves face. While we recognize the impor- lishing a Small Town Ombudsman Of- of $40 billion would be built up over tance of environmental regulations in fice in each of EPA’s regions, this bill this time. safeguarding our air and water, we will ensure that communities with less Various concepts to address the prob- need the ability to respond intel- than 7500 residents have improved ac- lem of catastrophic losses have been ligently to local priorities and needs. cess to the technical expertise and in- proposed over the years. I look forward We want to comply with environmental formation that are necessary for small to working with all of my colleagues to regulations, but we need some flexi- towns to cost effectively protect the craft a comprehensive solution to both bility in order to comply in a reason- quality of their air and water and their the short-term and long-term problems able manner. We do not want pref- citizens’ health. presented by the risk of catastrophic erential treatment, we want treatment By incorporating the perspectives of disasters. In my view, the private-sec- that recognizes our unique size and fis- a Small Community Advisory Com- tor focus of this bill, which puts a cal situation. mittee early in the development of strengthened private insurance market In 1991, I authored the Small Town EPA’s environmental policies, this bill for consumers in the forefront of dis- Environmental Planning Act. This act will improve the working relationship aster protection, is an approach de- passed overwhelmingly in the House between small towns and EPA and ulti- signed to ensure disaster relief is effi- and Senate and was signed into law by mately strengthen environmental pro- cient and cost-effective for taxpayers. President Bush in 1992. This act man- tection. While the federal government may still dated that the Environmental Protec- The Small Community Advisory need to provide last-resort safety net tion Agency give more assistance to Committee will build on the valuable for disaster victims, it is important to small towns. It created a task force work already done by EPA’s Small do what we can to ensure private insur- comprised of representatives from Community Task Force, which in- ance is available, affordable and secure small communities across the nation. cludes representatives of towns, gov- for those citizens in those areas of the These small town representatives de- ernmental agencies, and public interest country at risk to a catastrophic dis- veloped a list of ways in which the EPA groups from across the country. Cherie aster. This bill will help to bring pre- can better help small towns enjoy and Aiazzi of Carlin, a town of about 2800 cisely that availability, affordability maintain a healthy environment. people in northern Nevada, contributed

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.153 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14563 her time, insight and creativity to this alty should be pressed to explain why and South Africa—nations that for task force and I know that perspectives fallible human beings should presume years were symbols of egregious viola- of rural towns across the country are to use the power of the state to extin- tions of basic human rights and lib- better understood as a result of her ef- guish the life of a fellow human being erties—have seen the error of the use of forts. on our collective behalf. Those who op- the death penalty. The United Nations By coincidence of history and geog- pose the death penalty should demand Commission on Human Rights has raphy Nevada is a state with more that explanation adamantly, and at called for a worldwide moratorium on small towns than big cities. In our ef- every turn. But only a zealous few try. the use of the death penalty. And soon, forts to enhance the quality of life for Our nation is a great nation. We have Italy and other European nations are all Nevadans, it is crucial that small the strongest democracy in the world. expected to introduce a resolution in communities play an important role in We have expended blood and treasure the UN General Assembly calling for a the development and achievement of to protect so many fundamental worldwide moratorium. our environmental goals. The Small human rights at home and abroad and The European Union denies member- Community Assistance Act of 1999 pro- not always for only our own interests. ship in their alliance to those nations vides an valuable opportunity for small But we can do better. Mr. President, we that use the death penalty. In fact, the towns to contribute to and benefit should do better. And we should use European Union recently warned Tur- from this important effort. this moment to do better as we step key that if it executes the Kurdish not only into a new century but also a leader, Abdullah Ocalan, Turkey would By Mr. FEINGOLD: new millennium, the first such land- jeopardize its membership application. S. 1917. A bill to abolish the death mark since the depths of the Middle Just this past December, the European penalty under Federal law; to the Com- Ages. Union actually passed a resolution mittee on the Judiciary. Courtesy of the Internet and CNN calling for the immediate and uncondi- THE FEDERAL DEATH PENALTY ABOLITION ACT International, the world observes, per- tional global abolition of the death OF 1999 plexed and sometimes horrified, the vi- penalty, and it specifically called on ∑ Mr. FEINGOLD. Mr. President, I rise olence in our nation. When the Little- all states within the United States to today to introduce the Federal Death ton tragedy erupted, newspapers all abolish the death penalty. This is sig- Penalty Abolition Act of 1999. This bill over the world marveled at how readily nificant because it reflects the unani- will abolish the death penalty at the available guns are to American chil- mous view of the nations with which federal level. It will put an immediate dren. And across the globe, with every the United States enjoys its closest re- halt to executions and forbid the impo- American who is executed, the entire lationships—nations that so often fol- sition of the death penalty as a sen- world watches and asks how can the low our lead. tence for violations of federal law. Americans, the champions of human Mr. President, what is even more Since the beginning of this year, this rights, compromise their own professed troubling in the international context Chamber has echoed with debate on vi- beliefs in this way. is that the United States is now one of olence in America. We’ve heard about Religious groups and leaders express only six countries that imposes the violence in our schools and neighbor- their revulsion at the continued prac- death penalty for crimes committed by hoods. Some say it’s because of the tice of capital punishment. Pope John children. I’ll repeat that because it is availability of guns to minors. Some Paul II frequently appeals to American remarkable. We are one of only six na- say Hollywood has contributed to a governors when a death row inmate is tions on this earth that puts to death culture of violence. Others argue that about to die. I am pleased that in a re- people who were under 18 years of age the roots of the problem are far deeper cent case, involving an inmate on when they committed their crimes. and more complex. Whatever the death row in Missouri, the Missouri The others are Iran, Pakistan, Nigeria, causes, a culture of violence has cer- governor heeded the good advice of the Saudi Arabia and Yemen. These are tainly infected our nation. As school- pontiff and commuted the killer’s sen- countries that are often criticized for house killings have shown, our children tence to life without parole. That case human rights abuses. And let’s look at now can be reached by that culture of generated a lot of press—but only as a the numbers. Since 1990, the United violence. And they aren’t just casual political issue, rather than a moral States has executed ten child offenders. observers; some of them are active par- question or a human rights challenge. That’s more than any one of these five ticipants and many have been victims. But the Pope is not standing alone other countries and equal to all five But, Mr. President, I’m not so sure against the death penalty. He is joined countries combined. Even China —the that we in government don’t con- by the chorus of voices of various peo- country that many members of Con- tribute to this casual attitude we ple of faith who abhor the death pen- gress, including myself, have criticized sometimes see toward killing and alty. Religious groups from the Na- for its human rights violations—appar- death. With each new death penalty tional Conference of Catholic Bishops, ently has the decency not to execute statute enacted and each execution the United Methodist Church, the Pres- its children. This is embarrassing. Is carried out, our executive, judicial and byterian Church, the Evangelical Lu- this the kind of company we want to legislative branches, at both the state theran Church in America, the Men- keep? Is this the kind of world leader and federal level, add to a culture of vi- nonites, the Central Conference of we want to be? But these are the facts olence and killing. With each person American Rabbis, and so many more for this past decade, 1990 to the executed, we’re teaching our children people of faith have proclaimed their present. that the way to settle scores is through opposition to capital punishment. And, Now, let’s look at the last two years. violence, even to the point of taking a I might add, even conservative Pat In the last two years, the United States human life. ROBERTSon protested the execution in has been the only nation in the world At the same time, the public debate 1998 of Karla Faye Tucker, a born- to put to death people who were minors on the death penalty, which was an in- again Christian on Texas death row. when they committed their crimes. We tense national debate not very long Mr. President, I would like to see the have executed four child offenders dur- ago, is muted. As the online magazine commutation of sentences to life with- ing the last two years. Today, over 70 Slate recently noted, with crime rates out parole for all death row inmates— child offenders remain on death row. down and incomes up, ‘‘unspeakable whether they are Christians, Muslims, No one, Mr. President, no one can rea- crimes are no longer spoken of, murder Jews, Buddhists, or some other faith, sonably argue that based on this data, is what happens to your portfolio on a or no faith at all. executing child offenders is a normal bad day, ‘family values’ are debated The United States’ casual imposition or acceptable practice in the world through the Internal Revenue code, of capital punishment is abhorrent not community. And I don’t think we and the ‘death penalty’ is [often used only to many people of faith. Our use should be proud of the fact that the as a term for] a tax issue.’’ What has of the death penalty also stands in United States is the world leader in the happened to our nation’s sense of striv- stark contrast to the majority of na- execution of child offenders. ing to do what we know to be the right tions that have abolished the death Is the death penalty a deterrent for thing? Those who favor the death pen- penalty in law or practice. Even Russia our children’s conduct, as well as that

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.156 pfrm02 PsN: S10PT2 S14564 CONGRESSIONAL RECORD — SENATE November 10, 1999 of adult Americans? For those who be- over the death penalty. For example, a group of Northwestern University jour- lieve capital punishment is a deterrent, 1993 national poll found that when of- nalism students researched the case of they are sadly, sadly mistaken. The fered alternatives to the death penalty, Ronald Jones. What did they learn? federal government and most states in 44% of Americans supported the alter- They learned that Mr. Jones was clear- the U.S. have a death penalty, while native of life without parole plus res- ly innocent and not for some technical our European counterparts do not. Fol- titution over the death penalty. Only reason—he just didn’t do it. As a result lowing the logic of death penalty sup- 41% preferred the death penalty and of the students’ efforts, Mr. Jones was porters who believe it’s a deterrent, 15% were unsure. This is remarkable. later exonerated based on DNA evi- you would think that our European al- Sure, if you ask Americans the simple, dence. Mr. President, our criminal jus- lies, who don’t use the death penalty, isolated question of whether they sup- tice system sent an innocent man to would have a higher murder rate than port the death penalty, a majority of death row. Mr. Jones was tried and the United States. Yet, they don’t and Americans will agree. But if you ask convicted in a justice system that is it’s not even close. In fact, the murder them whether they support the death sometimes far from just and that some- rate in the U.S. is six times higher penalty or a realistic, practical alter- times just gets it wrong. And Mr. Jones than the murder rate in Britain, seven native sentence like life without parole is not alone. In Illinois alone, three times higher than in France, five times plus restitution, support for the death death row inmates so far this year have higher than in Australia, and five penalty falls dramatically to below been proven innocent. Since 1987, Illi- times higher than in Sweden. 50%. More Americans support the al- nois has freed 12 inmates from death But we don’t even need to look across ternative sentence than Americans row because they were later found in- the Atlantic to see that capital punish- who support the death penalty. nocent. ment has no deterrent effect on crime. The fact that our society relies on Innocent, Mr. President, and they Let’s compare Wisconsin and Texas. killing as punishment is disturbing were sitting on death row. Innocent, I’m proud of the fact that my great enough. Even more disturbing, how- and yet they were about to be killed. state, Wisconsin, was the first state in ever, is the fact that the States’ and Why? Because our criminal justice sys- this nation to abolish the death pen- federal use of the death penalty is tem is sometimes far from fair and far alty completely, when it did so in 1853. often not consistent with principles of from just. We can all agree that it is Wisconsin has been death penalty-free due process, fairness and justice. These profoundly wrong to convict and con- for nearly 150 years. In contrast, Texas principles are the foundation of our demn innocent people to death. But is the most prodigious user of the criminal justice system and, in a sadly, that’s what’s happening. With death penalty, having executed 192 peo- broader sense, the stability of our na- the greater accuracy and sophistica- ple since 1976. Let’s look at the murder tion. It is clearer than ever before that tion of DNA testing available today rate in Wisconsin and Texas. During we have put innocent people on death compared to even a couple of years ago, the period 1995 to 1998, Texas has had a row. In addition, those States that states like Illinois are finding that peo- murder rate that is nearly double the have the death penalty are more likely ple sitting on death row did not com- murder rate in Wisconsin. This data to put people to death for killing white mit the crimes to which earlier, less alone calls into question the argument victims than for killing black victims. accurate DNA tests appeared to link that the death penalty is a deterrent to Mr. President, are we certain that in- them. This DNA technology should be murder. nocent persons are not being executed? further reviewed and compared to In fact, according to a 1995 Hart Re- Obviously not. Are we certain that ra- other tests. We should consider the role search poll, the majority of our na- cial bias is not infecting the criminal of DNA tests in all those committed to tion’s police chiefs do not believe the justice system and the administration death row. death penalty is a particularly effec- of the death penalty? I doubt it. Some argue that the discovery of the tive law enforcement tool. When asked It simply cannot be disputed that we innocence of a death row inmate proves to rank the various factors in reducing are sending innocent people to death. that the system works. This is absurd. crime, police chiefs ranked the death Since the modern death penalty was re- How can you say the criminal justice penalty last. Rather, the police chiefs instated in the 1970s, we have released system works when a group of stu- —the people who deal with hardened 79 men and women from death row. dents—not lawyers or investigators but criminals day in and day out —cite re- Why? Because they were innocent. Sev- students with no special powers, who ducing drug abuse as the primary fac- enty-nine men and women sitting on were very much outside the system— tor in reducing crime, along with a bet- death row, awaiting a firing squad, le- discover that a man about to be exe- ter economy and jobs, simplifying thal injection or electrocution, but cuted was in fact innocent? That’s court rules, longer prison sentences, later found innocent. That’s one death what happened in Illinois to Ronald more police officers, and reducing row inmate found innocent for every Jones. The system doesn’t work. It has guns. It looks like most police chiefs seven executed. One in seven! That’s a failed us. recognize what our European allies and pretty poor performance for American A primary reason why justice has a few states like Wisconsin have known justice. A wrong conviction means that been less than just is a series of Su- all along: the death penalty is not an the real killer may have gotten away. preme Court decisions that seem to fail effective deterrent. The real killer may still be on the to grasp the significance and responsi- Mr. President, let me be clear. I be- loose and a threat to society. What an bility of their task when a human life lieve murderers and other violent of- injustice that the victims’ loved ones is at stake. The Supreme Court has fenders should be severely punished. cannot rest because the killer is still been narrowly focused on procedural I’m not seeking to open the prison not caught. What an injustice that an technicalities, ignoring the fact that doors and let murderers come rushing innocent man or woman has to spend the death penalty is a unique punish- out into our communities. I don’t want even one day in jail. What a staggering ment that cannot be undone to correct to free them. The question is: should injustice that innocent people are sen- mistakes. One disturbing decision was the death penalty be a means of pun- tenced to death for crimes they did not issued by the Supreme Court just a few ishment in our society? One of the commit. What a disgrace when we months ago. In Jones v. United States, most frequent refrains from death pen- carry out those sentences, actually which involved an inmate on death row alty supporters is the claim that the taking the lives of innocent people in in Texas and the interpretation of the majority of Americans support the the name of justice. 1994 Federal Death Penalty Act, the death penalty. It’s repeated so often, I call my colleagues’ attention to the judge refused to tell the jury that if everybody assumes it’s true. Mr. Presi- recent example of an Illinois death row they deadlocked on the sentence, the dent, the facts do not support this inmate, Ronald Jones, who had been law required the judge to impose a sen- claim. Survey after survey, from sentenced to death for the rape and tence of life without possibility of pa- around the country, shows that when murder of a Chicago woman. After a role. As a result, some jurors were offered sentencing alternatives, more lengthy interrogation in which Mr. under the grave misunderstanding that Americans prefer life without parole Jones was beaten by police, he signed a lack of unanimity would mean the plus restitution for the victim’s family confession. As a class assignment, a judge could give a sentence where the

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.169 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14565 defendant might one day go free. The penalty cases was frequently discussed. the end of a remarkable century and Supreme Court, however, upheld the This was the study by David Baldus, a millennium of progress, I cannot help lower court’s imposition of the death professor at the University of Iowa Col- but believe that our progress has been penalty. And one more person will lose lege of Law. The Baldus study found tarnished with our nation’s not only a life, when a simple correction of a that defendants who kill white victims continuing, but increasing use of the misunderstanding could have resulted are more than four times more likely death penalty. As of today, the United in a severe yet morally correct sen- to be sent to death row than defend- States has executed 584 people since tence of life without parole. ants who kill black victims. An argu- the reinstatement of the death penalty As legal scholar Ronald Dworkin re- ment against the Baldus study was in 1976. In those 23 years, there has cently observed, ‘‘[t]he Supreme Court made by some opponents of the Racial been a sharp rise in the number of exe- has become impatient, and super due Justice Act. They argued that we just cutions. This year the United States process has turned into due process- needed to ‘‘level up’’ the playing field. has already set a record for the most lite. Its impatience is understandable, In other words, send all the defendants executions in our country in one year, but is also unacceptable.’’ Mr. Presi- who killed black victims to death row, 84—the latest execution being that of dent, America’s impatience with the too. They argued that legislative rem- Thomas Lee Royal, Jr., who was exe- protracted appeals of death row in- edies were not needed, just tell pros- cuted by lethal injection just last night mates is understandable. But this im- ecutors and judges to go after perpetra- by the state of Virginia. And the year patience is unacceptable. The rush to tors of black homicide as strongly as isn’t even over yet. We are on track to judgment is unacceptable. And the against perpetrators of white homicide. hit close to 100 executions this year. rush to execute men, women and chil- In theory, this may sound reasonable This is astounding and it is embar- dren who might well be innocent is but one thing is clear: no matter how rassing. We are a nation that prides horrifying. hard we try, we cannot overcome the itself on the fundamental principles of The discovery of the innocence of inevitable fallibility of being human. justice, liberty, equality and due proc- death row inmates and misguided Su- That fallibility means that we will not ess. We are a nation that scrutinizes preme Court decisions disallowing po- be able to apply the death penalty in a the human rights records of other na- tentially dispositive exculpatory evi- fair and just manner. We will always tions. We are one of the first nations to dence, however, aren’t the only reasons run the risk that we will condemn in- speak out against torture and killings we need to abolish the death penalty. nocent people to death. Mr. President, by foreign governments. It is time for Another reason we need to abolish the let’s restore some certainty, fairness, us to look in the mirror. death penalty is the continuing racism and justice to our criminal justice sys- Two former Supreme Court justices in our criminal justice system. Our na- tem. Let’s have the courage to recog- did just that. Justice Harry Blackmun tion is facing a crucial test. A test of nize our human fallibilities. Let’s put a penned the following eloquent dissent moral and political will. We have come halt to capital punishment. in 1994: a long way through this nation’s his- The American Bar Association From this day forward, I no longer shall tory, and especially in this century, to agrees. In 1997, the American Bar Asso- tinker with the machinery of death. For more than 20 years I have endeavored—in- dismantle state-sponsored and societal ciation called for a moratorium on the deed, I have struggled—along with a major- racism. Brown v. Board of Education, death penalty because it found that the ity of this Court, to develop procedural and ensuring the right to equal educational application of the death penalty raises substantive rules that would lend more than opportunities for whites and blacks, fairness and due process concerns. Sev- the mere appearance of fairness to the death was decided only 45 years ago. Unfortu- eral states are finally beginning to rec- penalty endeavor. Rather than continue to nately, however, we are still living ognize the great injustice when the ul- coddle the Court’s delusion that the desired with vestiges of institutional racism. timate punishment is carried out in a level of fairness has been achieved and the In some cases, racism can be found at biased and unfair way. Moratoriums need for regulation eviscerated, I feel morally and intellectually obligated simply to every stage of a capital trial—in the se- have been considered by the legisla- concede that the death penalty experiment lection of jurors, during the presen- tures of at least ten states over the has failed. It is virtually self-evident to me tation of evidence, when the prosecutor last several months. The legislatures of now that no combination of procedural rules contrasts the race of the victim and de- Illinois and Nebraska have made the or substantive regulations ever can save the fendant to appeal to the prejudice of most progress. They actually passed death penalty from its inherent constitu- the jury, and sometimes during jury moratorium measures earlier this year. tional deficiencies. The basic question—does deliberations. I am glad to see that some states are the system accurately and consistently de- After the 1976 Supreme Court Gregg finally taking steps to correct the termine which defendants ‘‘deserve’’ to decision upholding the use of the death practice of legalized killing that was die?—cannot be answered in the affirmative. . . . The problem is that the inevitability of penalty, the death penalty was first en- again unleashed by the Supreme factual, legal, and moral error gives us a sys- acted as a sentence at the federal level Court’s Gregg decision in 1976. The first tem that we know must wrongly kill some with passage of the Drug Kingpin Stat- post-Gregg execution took place in 1977 defendants, a system that fails to deliver the ute in 1988. Since that time, numerous in Utah, when Gary Gilmore did not fair, consistent, and reliable sentences of additional federal crimes have become challenge and instead aggressively death required by the Constitution. death penalty-eligible, bringing the sought his execution by a firing squad. Justice Lewis Powell also had a simi- total to about 60 statutes today. At the The first post-Gregg involuntary exe- lar change of mind. Justice Powell dis- federal level, 21 people have been sen- cution took place on May 25, 1979. I viv- sented from the Furman decision in tenced to death. Another eight men sit idly remember that day. I had just fin- 1972, which struck down the death pen- on the military’s death row. Of those 21 ished my last law school exam that alty as a form of cruel and unusual defendants on the federal government’s morning. Later that day, I recall turn- punishment. He also wrote the decision death row, 14 are black and only 5 are ing on the television and watching the in McCleskey v. Kemp in 1987, which white. One defendant is Hispanic and news report that Florida had just exe- denied a challenge to the death penalty another Asian. That means 16 of the 21 cuted John Spenkelink. I was overcome on the grounds that it was applied in a people on federal death row are minori- with a sickening feeling. Here I was, discriminatory manner against African ties. That’s just over 75%. And the fresh out of law school and firm in my Americans. In 1991, however, Justice numbers are worse on the military’s belief that our legal system was ad- Powell told his biographer that he had death row. Seven of the eight, or 87.5%, vancing through the latter quarter of decided that capital punishment should on military death row are minorities. the twentieth century. Instead, to my be abolished. Some of my colleagues may remem- great dismay, I was witnessing a After sitting on our nation’s highest ber the debates of the late 1980’s and throwback to the electric chair, the court for over 20 years, Justices Black- early 1990’s, when Congress considered gallows, and the routine executions of mun and Powell came to understand the Racial Justice Act and other at- our nation’s earlier history. the randomness and unfairness of the tempts to eradicate racism in the use Mr. President, I haven’t forgotten death penalty. Mr. President, it is time of capital punishment. A noted study that experience or what I thought and for our nation to follow the lead of evaluating the role of race in death felt on that day. At the end of 1999, at these two distinguished jurists and

VerDate 29-OCT-99 01:47 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.170 pfrm02 PsN: S10PT2 S14566 CONGRESSIONAL RECORD — SENATE November 10, 1999 re-visit its support for this form of (5) CIVIL RIGHTS OFFENSES RESULTING IN (18) MURDER FOR HIRE.—Section 1958(a) of punishment. DEATH.—Chapter 13 of title 18, United States title 18, United States Code, is amended by At the end of 1999, as we enter a new Code, is amended— striking ‘‘death or’’. millennium, our society is still far (A) in section 241, by striking ‘‘, or may be (19) MURDER INVOLVED IN A RACKETEERING sentenced to death’’; OFFENSE.—Section 1959(a)(1) of title 18, from fully just. The continued use of (B) in section 242, by striking ‘‘, or may be United States Code, is amended by striking the death penalty demeans us. The sentenced to death’’; ‘‘death or’’. death penalty is at odds with our best (C) in section 245(b), by striking ‘‘, or may (20) WILLFUL WRECKING OF A TRAIN RESULT- traditions. It is wrong and it is im- be sentenced to death’’; and ING IN DEATH.—Section 1992(b) of title 18, moral. The adage ‘‘two wrongs do not (D) in section 247(d)(1), by striking ‘‘, or United States Code, is amended by striking make a right,’’ could not be more ap- may be sentenced to death’’. ‘‘to the death penalty or’’. propriate here. Our nation has long ago (6) MURDER OF A MEMBER OF CONGRESS, AN (21) BANK ROBBERY-RELATED MURDER OR done away with other barbaric punish- IMPORTANT EXECUTIVE OFFICIAL, OR A SU- KIDNAPING.—Section 2113(e) of title 18, United PREME COURT JUSTICE.—Section 351 of title States Code, is amended by striking ‘‘death ments like whipping and cutting off 18, United States Code, is amended— or’’. the ears of suspected criminals. Just as (A) in subsection (b)(2), by striking ‘‘death (22) MURDER RELATED TO A CARJACKING.— our nation did away with these punish- or’’; and Section 2119(3) of title 18, United States ments as contrary to our humanity and (B) in subsection (d)(2), by striking ‘‘death Code, is amended by striking ‘‘, or sentenced ideals, it is time to abolish the death or’’. to death’’. penalty as we enter the next century. (7) DEATH RESULTING FROM OFFENSES IN- (23) MURDER RELATED TO AGGRAVATED CHILD And it’s not just a matter of morality. VOLVING TRANSPORTATION OF EXPLOSIVES, DE- SEXUAL ABUSE.—Section 2241(c) of title 18, Mr. President, the continued viability STRUCTION OF GOVERNMENT PROPERTY, OR DE- United States Code, is amended by striking STRUCTION OF PROPERTY RELATED TO FOREIGN ‘‘unless the death penalty is imposed,’’. of our justice system as a truly just OR INTERSTATE COMMERCE.—Section 844 of (24) MURDER RELATED TO SEXUAL ABUSE.— system requires that we do so. And in title 18, United States Code, is amended— Section 2245 of title 18, United States Code, the world’s eyes, the ability of our na- (A) in subsection (d), by striking ‘‘or to the is amended by striking ‘‘punished by death tion to say truthfully that we are the death penalty’’; or’’. leader and defender of freedom, liberty (B) in subsection (f)(3), by striking ‘‘sub- (25) MURDER RELATED TO SEXUAL EXPLOI- and equality demands that we do so. ject to the death penalty, or’’; TATION OF CHILDREN.—Section 2251(d) of title I ask my colleagues to join me in (C) in subsection (i), by striking ‘‘or to the 18, United States Code, is amended by strik- taking the first step in abolishing the death penalty’’; and ing ‘‘punished by death or’’. death penalty in our great nation. (D) in subsection (n), by striking ‘‘(other (26) MURDER COMMITTED DURING AN OFFENSE than the penalty of death)’’. AGAINST MARITIME NAVIGATION.—Section Today, I introduce a bill that abolishes (8) MURDER COMMITTED BY USE OF A FIRE- 2280(a)(1) of title 18, United States Code, is the death penalty at the federal level. ARM DURING COMMISSION OF A CRIME OF VIO- amended by striking ‘‘punished by death or’’. I call on all states that have the death LENCE OR A DRUG TRAFFICKING CRIME.—Sec- (27) MURDER COMMITTED DURING AN OFFENSE penalty to also cease this practice. Let tion 924(j)(1) of title 18, United States Code, AGAINST A MARITIME FIXED PLATFORM.—Sec- us step away from the culture of vio- is amended by striking ‘‘by death or’’. tion 2281(a)(1) of title 18, United States Code, lence and restore fairness and integrity (9) GENOCIDE.—Section 1091(b)(1) of title 18, is amended by striking ‘‘punished by death to our criminal justice system. I close United States Code, is amended by striking or’’. ‘‘death or’’. with this reminder to my colleagues. (28) TERRORIST MURDER OF A UNITED STATES (10) FIRST DEGREE MURDER.—Section 1111(b) Where would our nation be if members NATIONAL IN ANOTHER COUNTRY.—Section of title 18, United States Code, is amended by 2332(a)(1) of title 18, United States Code, is of Congress were followers, not leaders, striking ‘‘by death or’’. amended by striking ‘‘death or’’. of public opinion? We, of course, would (11) MURDER BY A FEDERAL PRISONER.—Sec- (29) MURDER BY THE USE OF A WEAPON OF still be living with slavery, segregation tion 1118 of title 18, United States Code, is MASS DESTRUCTION.—Section 2332a of title 18, and without a woman’s right to vote. amended— United States Code, is amended— Like abolishing slavery and segrega- (A) in subsection (a), by striking ‘‘by death (A) in subsection (a), by striking ‘‘punished tion and establishing a woman’s right or’’; and by death or’’; and (B) in subsection (b), in the third undesig- (B) in subsection (b), by striking ‘‘by to vote, abolishing the death penalty nated paragraph— will not be an easy task. It will take death, or’’. (i) by inserting ‘‘or’’ before ‘‘an indetermi- (30) MURDER BY ACT OF TERRORISM TRAN- patience, persistence and courage. As nate’’; and SCENDING NATIONAL BOUNDARIES.—Section we head into the next millennium, let (ii) by striking ‘‘, or an unexecuted sen- 2332b(c)(1) of title 18, United States Code, is us leave this archaic practice behind. tence of death’’. amended by striking ‘‘by death, or’’. Mr. President, I ask that the text of (12) MURDER OF A STATE OR LOCAL LAW EN- (31) MURDER INVOLVING TORTURE.—Section the bill be printed in the RECORD. FORCEMENT OFFICIAL OR OTHER PERSON AIDING 2340A(a) of title 18, United States Code, is The bill follows: IN A FEDERAL INVESTIGATION; MURDER OF A amended by striking ‘‘punished by death or’’. STATE CORRECTIONAL OFFICER.—Section 1121 (32) MURDER RELATED TO A CONTINUING S. 1917 of title 18, United States Code, is amended— CRIMINAL ENTERPRISE OR RELATED MURDER OF Be it enacted by the Senate and House of Rep- (A) in subsection (a), by striking ‘‘by sen- A FEDERAL, STATE, OR LOCAL LAW ENFORCE- resentatives of the United States of America in tence of death or’’; and MENT OFFICER.—Section 408 of the Controlled Congress assembled, (B) in subsection (b)(1), by striking ‘‘or Substances Act (21 U.S.C. 848) is amended— SECTION 1. SHORT TITLE. death’’. (A) in each of subparagraphs (A) and (B) of This Act may be cited as the ‘‘Federal (13) MURDER DURING A KIDNAPING.—Section subsection (e)(1), by striking ‘‘, or may be Death Penalty Abolition Act of 1999’’. 1201(a) of title 18, United States Code, is sentenced to death’’; SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING amended by striking ‘‘death or’’. (B) by striking subsections (g) and (h) and FOR THE DEATH PENALTY. (14) MURDER DURING A HOSTAGE-TAKING.— inserting the following: (a) HOMICIDE-RELATED OFFENSES.— Section 1203(a) of title 18, United States ‘‘(g) [Reserved.] (1) MURDER RELATED TO THE SMUGGLING OF Code, is amended by striking ‘‘death or’’. ‘‘(h) [Reserved.]’’; ALIENS.—Section 274(a)(1)(B)(iv) of the Immi- (15) MURDER WITH THE INTENT OF PRE- (C) in subsection (j), by striking ‘‘ and as gration and Nationality Act (8 U.S.C. VENTING TESTIMONY BY A WITNESS, VICTIM, OR to appropriateness in that case of imposing a 1324(a)(1)(B)(iv)) is amended by striking INFORMANT.—Section 1512(a)(2)(A) of title 18, sentence of death’’; ‘‘punished by death or’’. United States Code, is amended by striking (D) in subsection (k), by striking ‘‘, other (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI- ‘‘the death penalty or’’. than death,’’ and all that follows before the CLES, OR RELATED FACILITIES RESULTING IN (16) MAILING OF INJURIOUS ARTICLES WITH period at the end and inserting ‘‘authorized DEATH.—Section 34 of title 18, United States INTENT TO KILL OR RESULTING IN DEATH.—Sec- by law’’; and Code, is amended by striking ‘‘to the death tion 1716(i) of title 18, United States Code, is (E) by striking subsections (l) and (m) and penalty or’’. amended by striking ‘‘to the death penalty inserting the following: (3) MURDER COMMITTED DURING A DRUG-RE- or’’. ‘‘(l) [Reserved.] LATED DRIVE-BY SHOOTING.—Section (17) ASSASSINATION OR KIDNAPING RESULT- ‘‘(m) [Reserved.]’’. 36(b)(2)(A) of title 18, United States Code, is ING IN THE DEATH OF THE PRESIDENT OR VICE (33) DEATH RESULTING FROM AIRCRAFT HI- amended by striking ‘‘death or’’ PRESIDENT.—Section 1751 of title 18, United JACKING.—Section 46502 of title 49, United (4) MURDER COMMITTED AT AN AIRPORT States Code, is amended— States Code, is amended— SERVING INTERNATIONAL CIVIL AVIATION.—Sec- (A) in subsection (b)(2), by striking ‘‘death (A) in subsection (a)(2), by striking ‘‘put to tion 37(a) of title 18, United States Code, is or’’; and death or’’; and amended, in the matter following paragraph (B) in subsection (d)(2), by striking ‘‘death (B) in subsection (b)(1)(B), by striking ‘‘put (2), by striking ‘‘punished by death or’’. or’’. to death or’’.

VerDate 29-OCT-99 01:47 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.171 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14567 (b) NON-HOMICIDE RELATED OFFENSES.— Mr. President, to date, 10 individuals (2) AMENDMENTS TO THE SOCIAL SECURITY (1) ESPIONAGE.—Section 794(a) of title 18, and 44 organizations—groups involved ACT.— United States Code, is amended by striking with AIDS, cerebral palsy, Alzheimer’s (A) DESCRIPTION OF PROGRAM.—Section 1811 ‘‘punished by death or’’ and all that follows Disease, hospice care, and diabetes, of the Social Security Act (42 U.S.C. 1395c) is amended by striking ‘‘and (3)’’ and inserting before the period and inserting ‘‘imprisoned among others—have endorsed this leg- for any term of years or for life’’. ‘‘(3) individuals under age 65 who have a ter- (2) TREASON.—Section 2381 of title 18, islation. minal illness (as defined in section 226(j)(2)) United States Code, is amended by striking Mr. President, I encourage my col- and who are eligible for benefits under title ‘‘suffer death, or’’. leagues to look at this list of sup- II of this Act (or would have been so entitled (c) REPEAL OF CRIMINAL PROCEDURES RE- porters, look at the bill, and join me in to such benefits if certain government em- LATING TO IMPOSITION OF DEATH SENTENCE.— correcting a problem that is denying ployment were covered under such title) or (1) IN GENERAL.—Chapter 228 of title 18, health care benefits to thousands of under the railroad retirement system on the United States Code, is repealed. Americans. basis of a disability, and (4)’’. (2) TECHNICAL AND CONFORMING AMEND- Mr. President, I ask unanimous con- (B) HOSPITAL INSURANCE BENEFITS FOR DIS- MENT.—The table of chapters for part II of sent that the text of the bill and a list ABLED INDIVIDUALS WHO HAVE EXHAUSTED title 18, United States Code, is amended by of endorsements be printed in the THEIR ENTITLEMENT.—Section 1818A of the striking the item relating to chapter 228. Social Security Act (42 U.S.C. 1395i–2a) is RECORD. SEC. 3. PROHIBITION ON IMPOSITION OF DEATH amended— SENTENCE. There being no objection, the mate- (i) in subsection (a)(2)(A), by striking ‘‘sec- (a) IN GENERAL.—Notwithstanding any rial was ordered to be printed in the tion 226(b)’’ and inserting ‘‘subsection (b) or other provision of law, no person may be sen- RECORD, as follows: (j) of section 226’’; tenced to death or put to death on or after S. 1918 (ii) in subsection (a)(2)(C), by striking the date of enactment of this Act for any Be it enacted by the Senate and House of Rep- ‘‘section 226(b)’’ and inserting ‘‘subsection violation of Federal law . resentatives of the United States of America in (b) or (j) of section 226’’; (b) PERSONS SENTENCED BEFORE DATE OF Congress assembled, (iii) in subsection (b)(2), by striking ‘‘sec- ENACTMENT.—Notwithstanding any other SECTION 1. SHORT TITLE. tion 226(b)’’ and inserting ‘‘subsection (b) or provision of law, any person sentenced to This Act may be cited as the ‘‘Medicare for (j) of section 226’’; and death before the date of enactment of this Individuals With Terminal Illnesses Act of (iv) in subsection (d)(1)(B)(ii), by striking Act for any violation of Federal law shall 1999’’. ‘‘section 226(b)’’ and inserting ‘‘subsection serve a sentence of life imprisonment with- SEC. 2. ELIMINATION OF MEDICARE WAITING PE- (b) or (j) of section 226’’. out the possibility of parole.∑ RIOD FOR INDIVIDUALS WITH A TER- (C) ENROLLMENT PERIODS.—Section 1837 of MINAL ILLNESS. the Social Security Act (42 U.S.C. 1395p) is By Mrs. BOXER: (a) IN GENERAL.—Section 226 of the Social amended— S. 1918. A bill to waive the 24-month Security Act (42 U.S.C. 426) is amended by (i) in subsection (g)(1), by inserting ‘‘but waiting period for disabled individuals adding at the end the following: does not satisfy the requirements of section to qualify for Medicare benefits in the ‘‘(j)(1) Notwithstanding subsection (f), each 226(j)’’ after ‘‘section 226(b)’’; and case of individuals suffering from ter- individual with a terminal illness (as defined (ii) in subsection (i)(4)(A), by striking ‘‘sec- in paragraph (2)) who would be described in minal illness with not more than 2 tion 226(b)’’ and inserting ‘‘subsection (b) or subsection (b) but for the requirement that (j) of section 226’’. years to live; to the Committee on Fi- the individual has been entitled to the speci- (D) EXCLUSIONS FROM COVERAGE AND MEDI- nance. fied benefits for 24 months shall be entitled CARE AS SECONDARY PAYER.—Section MEDICARE FOR INDIVIDUALS WITH TERMINAL to hospital insurance benefits under part A 1862(b)(1)(B)(i) of the Social Security Act (42 ILLNESS ACT of title XVIII for each month beginning with U.S.C. 1395y(b)(1)(B)(i)) is amended by strik- Mrs. BOXER. Mr. President, today I the latest of— ing ‘‘section 226(b)’’ and inserting ‘‘sub- am introducing legislation to correct a ‘‘(A) the first month after the expiration of section (b) or (j) of section 226’’. the 24-month period, weakness in the Medicare law for those (c) EFFECTIVE DATE.—The amendments ‘‘(B) in the case of a qualified railroad re- made by this Act shall apply with respect to who develop a terminal illness. tirement beneficiary (as defined in sub- Under current law, individuals under any application for hospital insurance bene- section (d)), the first month of the individ- fits submitted to the Secretary of Health and age 65 who are unable to work because ual’s entitlement or status as such a bene- Human Services on or after the date of en- of a disability can qualify for Medicare ficiary, or actment of this Act. after a two-year waiting period. That ‘‘(C) the date of enactment of the Medicare MEDICARE FOR INDIVIDUALS WITH TERMINAL is, two years after developing a dis- for Individuals With Terminal Illnesses Act ILLNESSES ACT—LIST OF ENDORSEMENTS of 1999. ability, individuals can start to receive ORGANIZATIONS (44) Medicare benefits to help pay for their ‘‘(2) As used in this subsection, the term ‘terminal illness’ means a medically deter- AIDS Legal Referral Panel—San Fran- health care. minable physical impairment which is ex- cisco, Altamed Health Services—Los Ange- There are reasons for this two-year pected to result in the death of such indi- les, Alzheimer’s Aid Society—Sacramento, waiting period, and this legislation vidual within the next 24 months.’’. American Diabetes Association, African would not change that. What I am con- (b) CONFORMING AMENDMENTS.— American Chapter—Los Angeles, American cerned about, Mr. President, is the fact (1) AMENDMENTS TO THE RAILROAD RETIRE- Lung Association of California—Sacramento, MENT ACT OF1974.—Section 7(d)(2) of the Rail- Asian American Drug Abuse Program, Inc. that thousands of individuals develop a (AADAP)—Los Angeles, California Preven- disability that is terminal within two road Retirement Act of 1974 (45 U.S.C. 231f(d)(2)) is amended— tion and Education Project (CALPEP)—Oak- years. (A) in clause (i), by striking ‘‘or’’ at the land, California Hospice and Palliative Care I am talking about people with can- end; Association (CHAPCA)—Sacramento, Cali- cer, people with AIDS, people with Lou (B) in clause (ii), by striking the comma at fornia Coalition of United Cerebral Palsy As- Gehrig’s Disease, to name to just a few the end and inserting ‘‘; or’’; and sociations—Sacramento, Camarillo Hos- examples. In some cases, when these (C) by inserting after clause (ii) the fol- pice—Camarillo, Caring for Babies with AIDS—Los Angeles, City of Los Angeles, lowing: individuals are diagnosed and can no Common Ground Community Center—Santa ‘‘(iii)(I) has not attained age 65; longer work, they have less than two Monica, County of Sacramento, Covenant ‘‘(II) has a terminal illness (as defined in years to live. That means they will die House California—Hollywood, Dolores Street section 226(j)(2) of the Social Security Act); before the end of the waiting period, Community Services—San Francisco, Fami- and before they become eligible for Medi- lies First—Davis, The Family Link—San ‘‘(III) is entitled to an annuity under sec- Francisco, Feedback Foundation—Anaheim, care, before they qualify to receive tion 2 of this Act, or under the Railroad Re- health care benefits. That is not right Friends of Chelation Society—Palm Springs, tirement Act of 1937 and section 2 of this Homeowner Options for Massachusetts El- and not fair. Act, or could have been includable in the ders—Boston, Massachusetts, and Hospice The Medicare for Individuals with computation of an annuity under section Education Institute—Essex, Connecticut. Terminal Illness Act would change 3(f)(3) of this Act, and could currently be en- Hospice of Marin—Corte Madera, Lambda this. My bill would say that for people titled to monthly insurance benefits under Letters Project—Carmichael, Legal Center whose doctors expect them to live less section 223 of the Social Security Act or for the Elderly and Disabled—Sacramento, than two years because of their dis- under section 202 of that Act on the basis of Mental Health Association of Sacramento, disability if service as an employee after De- Mission Neighborhood Health Center—San ability or illness, there will be no wait- cember 31, 1936, had been included in the Francisco, National Organization for Rare ing period. They would qualify for term ‘employment’ as defined in that Act Disorders—New Fairfield, Connecticut, Na- Medicare immediately and could get and if an application for disability benefits tional Health Federation—Monrovia, Cali- the health care they need. had been filed,’’. fornia, Neptune Society—San Francisco,

VerDate 29-OCT-99 23:38 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.150 pfrm02 PsN: S10PT2 S14568 CONGRESSIONAL RECORD — SENATE November 10, 1999 New Village Project—Los Angeles, Ohlhoff be an enemy of theirs completely, but with one exception: Cuba. American in- Recovery Programs—San Francisco, Parkin- that you cannot travel 90 miles off our fluence through person-to-person and son’s Disease Association of the Sacramento shore to Cuba, is a mistake. cultural exchanges was a prime factor Valley, Retired Senior Volunteer Program— To this day, some Iranian politicians Santa Barbara, Sacramento AIDS Founda- in this evolution from a hemisphere tion, San Francisco Community Clinic Con- believe the United States to be ‘‘the ruled predominantly by authoritarian sortium, Serra Project—Los Angeles, Great Satan.’’ We hear it all the time. or military regimes to one where de- Shascade Community Services—Redding, Just two decades ago, Iran occupied mocracy is the rule. Our current policy Vital Options—Sherman Oaks, Westside our Embassy and took innocent Amer- toward Cuba blocks these exchanges Community Mental Health Center, Inc.—San ican diplomats hostage. To this day, and prevents the United States from Francisco, Women and Children’s Family protesters in Tehran burn the Amer- using our most potent weapon in our Services, Yolo Hospice—Davis, YMCA of ican flag with the encouragement of effort to combat totalitarian regimes, Greater Sacramento, and YWCA of Sac- some officials in that Government. ramento. and that is our own people. They are Those few Americans who venture into INDIVIDUALS (10) the best ambassadors we have. Most to- such inhospitable surroundings often talitarian regimes bar Americans from Barbara Kaufman—Member, SFBOS, Sue find themselves pelted by rocks and ac- Bierman—Member, SFBOS, Ricardo Her- coming into their countries for the nandez—Public Administrator/Public Guard- costed by the public. very reasons I just mentioned. They ian, City & County of SF, Steve Cohn—Mem- Similarly, we do not ban travel to are afraid the gospel of freedom will ber, Sacramento City Council, Eve Meyer— Sudan, a nation we attacked with motivate their citizens to overthrow Executive Director, San Francisco Suicide cruise missiles last summer for its sup- dictators, as they have done in dozens Prevention, Mike McGowan—Member, Yolo port of terrorism; to Burma, a nation of nations over the last half century. County Board of Supervisors, Rev. Gwyneth with one of the most oppressive re- Isn’t it ironic that when it comes to MacKenzie Murphy—Associate Pastor, Grace gimes in the world today; to North Cathedral, Teresa Brown—Program Coordi- Cuba we do the dictator’s bidding for Korea, whose soldiers have peered at him in a sense? Cuba does not have to nator, HIV Services Division, Alameda Coun- American servicemen through gun ty Medical Ctr., Lois Wolk—Yolo County Su- worry about America spreading democ- pervisor, Sarah Bennett—Executive Direc- sights for decades; or Syria, which has racy. Our own Government stops us one of the most egregious human tor, Ad Hoc Committee to Defend Health from doing so. Care—Cambridge, MA. rights records and is one of the foremost sponsors of terrorism. Let me review for my colleagues who By Mr. DODD (for himself and We believe that it is time to end the may travel to Cuba under current Gov- Mr. LEAHY): inconsistency with respect to U.S. ernment regulations and under what S. 1919. A bill to permit travel to or travel restrictions to Cuba. We ban circumstances. The following cat- from Cuba by United States citizens travel to Cuba, a nation which is nei- egories of people may travel to Cuba and lawful resident aliens of the United ther at war with the United States nor without applying to the Treasury De- States; to the Committee on Foreign a sponsor of international terrorist ac- partment for a specific license to trav- Relations. tivities. Why do we ban travel? Osten- el. They are deemed to be authorized to THE FREEDOM TO TRAVEL TO CUBA ACT OF 2000 sibly so that we can pressure Cuban au- travel under so-called general license: ∑ Mr. DODD. Mr. President, today my thorities into making the transition to Government officials, regularly em- colleague, Senator LEAHY and I are in- a democratic form of government. ployed journalists, professional re- troducing ‘‘The Freedom to Travel to I fail to see how isolating the Cuban searchers who are ‘‘full time profes- Cuba Act of 2000.’’ We believe the time people from democratic values and sionals who travel to Cuba to conduct has come to lift the very archaic, coun- ideals will foster the transition to de- professional research in their profes- terproductive, and ill-conceived ban on mocracy in that country. I fail to see sional areas’’, Cuban Americans who Americans traveling to Cuba. Not only how isolating the Cuban people from have relatives in Cuba who are ill (but does this ban hinder rather than help democratic values and from the influ- only once a year.) our effort to spread democracy, it un- ence of Americans when they go to There are other categories of individ- necessarily abridges the rights of ordi- that country to help bring about the uals who theoretically are eligible to nary Americans. The United States change we all seek serves our own in- travel to Cuba as well, but they must was founded on the principles of liberty terests. apply for a license from the Depart- and freedom. Yet when it comes to The Cuban people are not currently Cuba, our Government abridges these permitted the freedom to travel en- ment of the Treasury and prove they rights with no greater rationale than joyed by many peoples around the fit a category in which travel to Cuba political and rhetorical gain. world. However, because Fidel Castro is permissible. What are these cat- Cuba lies just 90 miles from Amer- does not permit Cubans to leave Cuba egories? The first is so called freelance ica’s shore. Yet those 90 miles of water and come to this country is not jus- journalists, provided they can prove might as well be an entire ocean. We tification for adopting a similar prin- they are journalists; they must also have made a land ripe for American in- ciple in this country that says Ameri- submit their itinerary for the proposed fluence forbidden territory. In doing so, cans cannot travel freely. We have a research. The second is Cuban Ameri- we have enabled the Cuban regime to Bill of Rights. We need to treasure and cans who are unfortunate enough to be a closed system with the Cuban peo- respect the fundamental rights that we have more than one humanitarian ple having little contact with their embrace as American citizens. Travel emergency in a 12-month period and closest neighbors. is one of them. If other countries want therefore cannot travel under a general Surely we do not ban travel to Cuba to prohibit us from going there, then license. The third is students and fac- out of concern for the safety of Ameri- that is their business. But for us to say ulty from U.S. academic institutions cans who might visit that island na- that citizens of Connecticut or Ala- that are accredited by an appropriate tion. Today Americans are free to trav- bama cannot go where they like is not national or regional educational ac- el to Iran, Sudan, Burma, Yugoslavia, the kind of restraint we ought to put crediting association who are partici- North Korea—but not to Cuba. You can on people. pating in a ‘‘structural education pro- fly to North Korea; you can fly to Iran; If Americans can travel to North gram.’’ The fourth is members of U.S. you can travel freely. It seems to me if Korea, to the Sudan, to Iran, then I do religious organizations. The fifth is in- you can go to those countries, you not understand the justification for dividuals participating in public per- ought not be denied the right to go to saying that they cannot travel to Cuba. formances, clinics, workshops, athletic Cuba. If the Cubans want to stop Amer- I happen to believe that by allowing and other competitions and exhibi- icans from visiting that country, that Americans to travel to Cuba, we can tions. If that isn’t complicated ought to be their business. But to say begin to change the political climate enough—just because you think you to an American citizen that you can and bring about the changes we all may fall into one of the above enumer- travel to Iran, where they held Amer- seek in that country. ated categories does not necessarily ican hostages for months on end, to Today, every single country in the mean you will actually be licensed by North Korea, which has declared us to Western Hemisphere is a democracy, the U.S. Government to travel to Cuba.

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.211 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14569 Under current regulations, who de- urge my colleagues to support the leg- My bill would patch these holes, par- cides whether a researcher’s work is le- islation that Senator LEAHY and I have ticularly as they apply to private gitimate? Who decides whether a free- introduced today. We will be working banking activities, the volume of lance journalist is really conducting to ensure that the full Senate has an which experts predict will grow expo- journalistic activities? Who decides opportunity to debate and vote on this nentially as more and more wealth is whether or not a professor or student is matter when the Senate convenes next created and banks compete for this lu- participating in a ‘‘structured edu- year. I hope our colleagues will join crative line of business. Accordingly, I cational program’’? Who decides with us at that time in restoring Amer- am today introducing legislation that whether a religious person is really ican citizens’ rights to travel wherever would significantly increase the trans- going to conduct religious activities? they choose, including to the Island of parency of our banking system and Government bureaucrats are making Cuba.∑ make it possible for law enforcement those decisions about what I believe and civil process to pierce the veil of should be personal rights of American By Mr. LEVIN (for himself and secrecy that for too long has made it citizens. Mr. SPECTER): possible for institutions and individ- It is truly unsettling, to put it mild- S. 1920. A bill to combat money laun- uals operating in largely unregulated ly, when you think about it, and prob- dering and protect the United States fi- off-shore jurisdictions to gain unfet- ably unconstitutional at its core. It is nancial system by addressing the tered access to the U.S. financial sys- a real intrusion on the fundamental vulnerabilities of private banking to tem for purposes of legitimizing the rights of American citizens. It also money laundering, and for other pur- proceeds of illegal or unsavory activ- says something about what we as a poses; to the Committee on Banking, ity. Government think about our own peo- Housing, and Urban Affairs. A great problem in detecting money laundering is that many private bank- ple. Do we really believe that a jour- MONEY LAUNDERING ABATEMENT ACT OF 1999 ing transactions are conducted through nalist, a Government official, a Sen- Mr. LEVIN. Mr. President, today I fictitious entities or under false names ator, a Congressman, a baseball player, am introducing, along with Senator or numbered accounts in which the ac- a ballerina, a college professor or min- SPECTER, the Money Laundering Abate- tual or beneficial owner is not identi- ister is somehow superior to other citi- ment Act of 1999. The Senate Permanent Sub- fied. The bill requires a financial insti- zens who do not fall into those cat- tution that opens or maintains a U.S. egories; that only these categories of committee on Investigations, of which I am the ranking member, is currently account for a foreign entity to identify people are ‘‘good examples’’ for the and maintain a record in the U.S. of Cuban people to observe in order to un- holding hearings on problems specific to private banking, a rapidly-growing the identity of each direct or beneficial derstand American values? owner of the account. The bill would financial service in which banks pro- I do not think so. I find such a notion further help banks in verifying cus- vide one-on-one services tailored to the insulting. There is no better way to tomers’ identities by making it illegal individual needs of wealthy individ- communicate America’s values and to misrepresent the true ownership of uals. The Subcommittee’s investiga- ideals than by unleashing average an account to a bank. The bill also im- tion and hearings show that private American men and women to dem- poses a ‘‘48-hour rule’’ under which, bankers have operated in a culture onstrate by daily living what our great within 48 hours of a request by a fed- which emphasizes secrecy, impeding country stands for and the contrasts eral banking agency, a financial insti- account documentation for regulators between what we stand for and what tution would have to provide account and law enforcement entities. This cul- exists in Cuba today. information and documentation to the ture makes private banking peculiarly I do not believe there was ever a sen- agency. sible rationale for restricting Ameri- susceptible to money laundering. Our investigation into private bank- cans’ right to travel to Cuba. With the The Money Laundering Abatement ing has shown that money launderers collapse of the Soviet Union and an end Act is intended to supplement and rein- may launder their transactions by to the cold war, I do not think any ex- force the current anti-money-laun- commingling the proceeds in so-called cuse remains today to ban this kind of dering laws and bolster the efforts of ‘‘concentration accounts’’ and aggre- travel. This argument that dollars and regulators and law enforcement bodies gate the funds from multiple customers tourism will be used to prop up the rein this nation and around the world and transactions. The bill curtails the gime is specious. The regime seems to and the efforts of others in Congress. illicit use of these accounts by prohib- have survived 38 years despite the Dra- The Subcommittee’s year-long inves- iting institutions from using these ac- conian U.S. embargo during that entire tigation and testimony by distin- counts anonymously. The bill also pro- period. The notion that allowing Amer- guished financial experts, regulators, hibits U.S. financial institutions from icans to spend a few dollars in Cuba is and banking industry personnel, re- opening or maintaining correspondent somehow going to give major aid and vealed that private bankers regularly accounts with so-called ‘‘brass plate’’ comfort to the Cuban regime is with- create devices such as shell corpora- banks—most often in off-shore loca- out basis, in my view. tions established in offshore jurisdictions—that are not licensed to provide This spring, we got a taste of what tions to hide the source of and move- services in their home countries and people-to-people exchanges between ment of clients’ funds. The motives are not subject to comprehensive home the United States and Cuba might may be benign or they may be ques- country supervision on a consolidated mean when the Baltimore Orioles and tionable but one thing is certain: they basis, reducing the likelihood that the Cuban National Team played a make it harder for regulators and law U.S.-based institutions will receive home-and-home series. The game enforcement personnel to track the funds that may derive from illicit brought players from two nations with ownership and flow of funds and avert sources. the greatest love of baseball together or apprehend laundering of the pro- The bill would also eliminate signifi- for the first time in generations. It is ceeds of drug and weapons trafficking, cant gaps in current U.S. law by ex- time to bring the fans together. It is tax evasion, corruption, and other mal- panding the list of crimes committed time to let Americans and Cubans meet feasance. To make matters worse, on foreign soil that can serve as predi- in the baseball stands and on the many activities which Americans find cate offenses for money laundering streets of Havana. reprehensible and which can destabilize prosecutions in the U.S., including cor- Political rhetoric is not sufficient regimes and economies are not cur- ruption and the misappropriation of reason to abridge the freedoms of rently illegal under foreign laws. IMF funds. It would expand the juris- American citizens. Nor is it sufficient Therefore, as the current money laun- diction of U.S. courts, by including reason to stand by a law which coun- dering laws are written, transactions transactions in which money is teracts one of the basic premises of in funds derived from such activities do laundered through a foreign bank as a American foreign policy; namely, the not constitute money laundering, but U.S. crime if the transaction has a spread of democracy. The time has they ought to constitute money laun- ‘‘nexus’’ in the United States. The bill come to allow Americans—average dering punishable under United States addresses the reality that govern- Americans—to travel freely to Cuba. I laws. mental corruption weakens economies

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.173 pfrm02 PsN: S10PT2 S14570 CONGRESSIONAL RECORD — SENATE November 10, 1999 and causes political instability and and their clients make private banking vul- or establish or maintain a correspondent when U.S. banks profit from the fruits nerable to money laundering. bank relationship with a foreign banking in- of such corruption they run counter to (7) The use by United States bankers of fi- stitution (other than in the case of an affiliate of a branch of a foreign bank), that— U.S. interests in ending such corrup- nancial centers located outside of the United States that have weak financial regulatory ‘‘(1) is organized under the laws of a juris- tion. and reporting regimes and no transparency diction outside of the United States; and Another problem that we have en- facilitates global money laundering. ‘‘(2) is not subject to comprehensive super- countered repeatedly in our investiga- (b) PURPOSE.—The purpose of this Act is to vision or regulation on a consolidated basis tion is that many private banks have eliminate the weaknesses in Federal law by the appropriate authorities in such juris- written policies that repeatedly stress that allow money laundering to flourish, diction. that the banker must know a cus- particularly in private banking activities. ‘‘(d) 48-HOUR RULE.—Not later than 48 SEC. 3. IDENTIFICATION OF ACTUAL OR BENE- hours after receiving a request by the appro- tomer’s identity and source of funds. priate Federal banking agency (as defined in Yet in practice, many private bankers FICIAL OWNERS OF ACCOUNTS. (a) TRANSACTIONS AND ACCOUNTS WITH OR section 3 of the Federal Deposit Insurance do not comply with their own bank’s ON BEHALF OF FOREIGN ENTITIES.—Sub- Act) for information related to anti-money policies. To rectify this, the bill re- chapter II of chapter 53 of title 31, United laundering compliance by a financial institu- quires financial institutions to develop States Code, is amended by adding at the end tion or a customer of that institution, a fi- and apply due diligence standards for the following: nancial institution shall provide to the re- accounts for private banking cus- questing agency, or make available at a lo- ‘‘§ 5331. Requirements relating to trans- cation specified by the representative of the tomers to verify the customers’ iden- actions and accounts with or on behalf of agency, information and account docu- tity and source of wealth, both when foreign entities mentation for any account opened, main- opening such accounts and on an ongo- ‘‘(a) DEFINITIONS.—Notwithstanding any tained, or managed in the United States by ing basis. other provision of this subchapter, in this the financial institution.’’. Finally, the bill would authorize section the following definitions shall apply: (b) TECHNICAL AND CONFORMING AMEND- funding for FinCEN to develop an auto- ‘‘(1) ACCOUNT.—The term ‘account’— MENT.—The table of sections for subchapter ‘‘(A) means a formal banking or business II of chapter 53 of title 31, United States mated ‘‘alert database.’’ FinCEN, an relationship established to provide regular Code, is amended by inserting after the item arm of the Department of the Treas- services, dealings, and other financial trans- relating to section 5330 the following: ury, tracks Currency Transaction Re- actions; and ‘‘5331. Requirements relating to transactions ports and Suspicious Activity Reports, ‘‘(B) includes a demand deposit, savings de- and accounts with or on behalf important tools in fighting money posit, or other asset account and a credit ac- of foreign entities.’’. laundering. However, FinCEN officials count or other extension of credit. (c) EFFECTIVE DATE.—The amendments have told me that they lack a database ‘‘(2) CORRESPONDENT ACCOUNT.—The term made by this section shall apply— which will automatically alert them to ‘correspondent account’ means an account (1) with respect to any account opened on established to receive deposits from and or after the date of enactment of this Act, as patterns of suspicious activity that make payments on behalf of a correspondent could indicate money laundering or of such date; and bank. (2) with respect to any account opened be- other illicit activity. Such a database ‘‘(3) CORRESPONDENT BANK.—The term ‘cor- fore the date of enactment of this Act, as of is imperative to enable FinCEN to ade- respondent bank’ means a depository institu- the end of the 6-month period beginning on quately serve the law enforcement bod- tion that accepts deposits from another fi- such date. ies that it supplies information to. nancial institution and provides services on SEC. 4. PROPER MAINTENANCE OF CONCENTRA- This bill will close gaps in our anti- behalf of such other financial institution. TION ACCOUNTS AT FINANCIAL IN- money-laundering laws and regula- ‘‘(4) DEPOSITORY INSTITUTION.—The term STITUTIONS. tions. I ask unanimous consent that ‘depository institution’ has the same mean- Section 5318(h) of title 31, United States ing as in section 19(b)(1)(A) of the Federal Code, is amended by adding at the end the the bill and a summary of the bill be Reserve Act. following: printed in the RECORD. ‘‘(5) FOREIGN BANKING INSTITUTION.—The ‘‘(3) AVAILABILITY OF CERTAIN ACCOUNT IN- There being no objection, the mate- term ‘foreign banking institution’ means a FORMATION.—The Secretary shall prescribe rial was ordered to be printed in the foreign entity that engages in the business of regulations under this subsection that gov- RECORD, as follows: banking, and includes foreign commercial ern maintenance of concentration accounts S. 1920 banks, foreign merchant banks, and other by financial institutions, in order to ensure foreign institutions that engage in banking that such accounts are not used to prevent Be it enacted by the Senate and House of Rep- activities usual in connection with the busi- association of the identity of an individual resentatives of the United States of America in ness of banking in the countries where they customer with the movement of funds of Congress assembled, are organized or operating. which the customer is the direct or bene- SECTION 1. SHORT TITLE. ‘‘(6) FOREIGN ENTITY.—The term ‘foreign ficial owner, which regulations shall, at a This Act may be cited as the ‘‘Money entity’ means an entity that is not organized minimum— Laundering Abatement Act of 1999’’. under the laws of the Federal Government of ‘‘(A) prohibit financial institutions from SEC. 2. FINDINGS AND PURPOSE. the United States, any State of the United allowing clients to direct transactions that (a) FINDINGS.—Congress makes the fol- States, the District of Columbia, or the Com- move their funds into, out of, or through the lowing findings: monwealth of Puerto Rico. concentration accounts of the financial in- (1) Money laundering is a serious problem ‘‘(b) PROHIBITION ON OPENING OR MAINTAIN- stitution; that enables criminals to reap the rewards of ING ACCOUNTS BELONGING TO OR FOR THE BEN- ‘‘(B) prohibit financial institutions and their crimes by hiding the criminal source of EFIT OF UNIDENTIFIED OWNERS.—A depository their employees from informing customers of their profits. institution or a branch of a foreign bank (as the existence of, or means of identifying, the (2) When carried out by using banks, defined in section 1 of the International concentration accounts of the institution; money laundering erodes the integrity of our Banking Act of 1978) may not open or main- and financial institutions. tain any account in the United States for a ‘‘(C) require each financial institution to (3) United States financial institutions are foreign entity or a representative of a for- establish written procedures governing the a critical link in our efforts to combat eign entity, unless— documentation of all transactions involving money laundering. ‘‘(1) for each such account, the institution a concentration account, which procedures (4) In addition to organized crime enter- completes and maintains in the United shall ensure that, any time a transaction in- prises, corrupt government officials around States a form or record identifying, by a volving a concentration account commingles the world increasingly employ sophisticated verifiable name and account number, each funds belonging to 1 or more customers, the money laundering schemes to conceal wealth person having a direct or beneficial owner- identity of, and specific amount belonging they have plundered or extorted from their ship interest in the account; or to, each customer is documented.’’. nations or received as bribes, and these prac- ‘‘(2) some or all of the shares of the foreign SEC. 5. DUE DILIGENCE REQUIRED FOR PRIVATE tices weaken the legitimacy of foreign entity are publicly traded. BANKING. states, threaten the integrity of inter- ‘‘(c) PROHIBITION ON OPENING OR MAINTAIN- The Federal Deposit Insurance Act (12 national financial markets, and harm for- ING CORRESPONDENT ACCOUNTS OR COR- U.S.C. 1811 et seq.) is amended by inserting eign populations. RESPONDENT BANK RELATIONSHIP WITH CER- after section 10 the following: (5) Private banking is a growing activity TAIN FOREIGN BANKS.—A depository institu- ‘‘SEC. 5A. DUE DILIGENCE. among financial institutions based in and option, or branch of a foreign bank, as defined ‘‘(a) PRIVATE BANKING.—In fulfillment of erating in the United States. in section 1 of the International Banking Act its anti-money laundering obligations under (6) The high profitability, competition, of 1978, may not open or maintain a cor- section 5318(h) of title 31, United States high level of secrecy, and close relationships respondent account in the United States for Code, each depository institution that en- of trust developed between private bankers or on behalf of a foreign banking institution, gages in private banking shall establish due

VerDate 29-OCT-99 23:38 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.214 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14571 diligence procedures for opening and review- ment or representation of the identity of any other property held by the defendant in the ing, on an ongoing basis, accounts of private person in connection with a transaction with United States is available to satisfy a judg- banking customers. a financial institution; ment under this section.’’. ‘‘(b) MINIMUM STANDARDS.—The due dili- ‘‘(3) makes or uses, or attempts to make or SEC. 10. LAUNDERING MONEY THROUGH A FOR- gence procedures required by paragraph (1) use, any false writing or document knowing EIGN BANK. shall, at a minimum, ensure that the deposi- the same to contain any materially false, Section 1956(c)(6) of title 18, United States tory institution knows and verifies, through fictitious, or fraudulent statement or entry Code, is amended to read as follows: probative documentation, the identity and concerning the identity of any person in con- ‘‘(6) the term ‘financial institution’ financial background of each private bank- nection with a transaction with a financial includes— ing customer of the institution and obtains institution; or ‘‘(A) any financial institution described in sufficient information about the source of ‘‘(4) uses or presents, or attempts to use or section 5312(a)(2) of title 31, or the regula- funds of the customer to meet the anti- present, in connection with a transaction tions promulgated thereunder; and money laundering obligations of the institu- with a financial institution, an identifica- ‘‘(B) any foreign bank, as defined in section tion. tion document or means of identification the 1(b)(7) of the International Banking Act of ‘‘(c) COMPLIANCE REVIEW.—The appropriate possession of which is a violation of section 1978 (12 U.S.C. 3101(7)).’’. Federal banking agencies shall review com- 1028; SEC. 11. EFFECTIVE DATE. pliance with the requirements of this section shall be fined under this title, imprisoned Except as otherwise specifically provided as part of each examination of a depository not more than 5 years, or both. in this Act, this Act and the amendments institution under this Act. ‘‘(b) DEFINITIONS.—In this section: made by this Act shall take effect 90 days ‘‘(d) REGULATIONS.—The Board of Gov- ‘‘(1) FINANCIAL INSTITUTION.—In addition to after the date of enactment of this Act. ernors of the Federal Reserve System shall, the meaning given to the term ‘financial in- after consultation with the other appro- stitution’ by section 20, the term ‘financial SUMMARY OF THE MONEY LAUNDERING priate Federal banking agencies, define the institution’ also has the meaning given to ABATEMENT ACT OF 1999 term ‘private banking’ by regulation for pur- such term in section 5312(a)(2) of title 31. A United States depository institution or a poses of this section.’’. ‘‘(2) IDENTIFICATION DOCUMENT AND MEANS United States branch of a foreign institution SEC. 6. SUPPLEMENTATION OF CRIMES CONSTI- OF IDENTIFICATION.—The terms ‘identifica- could not open or maintain an account in the TUTING MONEY LAUNDERING. tion document’ and ‘means of identification’ United States for a foreign entity unless the Section 1956(c)(7)(B) of title 18, United have the meanings given to such terms in owner of the account was identified on a States Code, is amended— section 1028(d).’’. form or record maintained in the United (1) by striking clause (ii) and inserting the (b) TECHNICAL AND CONFORMING AMEND- States. following: MENTS.— A United States depository institution or ‘‘(ii) any conduct constituting a crime of (1) TITLE 18, UNITED STATES CODE.—Section branch of a foreign institution in the United violence;’’; and 1956(c)(7)(D) of title 18, United States Code, is States could not maintain a correspondent (2) by adding at the end the following: amended by striking ‘‘1014 (relating to fraud- account for a foreign institution unless the ‘‘(iv) fraud, or any scheme to defraud, com- ulent loan’’ and inserting ‘‘section 1008 (re- foreign institution was subject to committed against a foreign government or for- lating to false statements concerning the prehensive supervision or regulation. eign governmental entity under the laws of identity of customers of financial institu- Within 48 hours of receiving a request from that government or entity; tions), section 1014 (relating to fraudulent a federal banking agency, a financial institu- ‘‘(v) bribery of a foreign public official, or loan’’. tion would be required to provide account in- the misappropriation, theft, or embezzle- (2) TABLE OF SECTIONS.—The table of sec- formation and documentation to the request- ment of public funds by or for the benefit of tions for chapter 47 of title 18, United States ing agency. a foreign public official under the laws of the Code, is amended by inserting after the item The Secretary of the Treasury would be re- country in which the subject conduct oc- relating to section 1007 the following: quired to issue regulations to ensure that curred or in which the public official holds ‘‘1008. False statements concerning the iden- customer funds flowing through a concentra- office; tity of customers of financial tion account (which comingles funds of an ‘‘(vi) smuggling or export control viola- institutions.’’. institution’s customers) were earmarked to tions involving munitions listed in the SEC. 8. APPROPRIATION FOR FINCEN TO IMPLE- each customer. United States Munitions List or technologies MENT SAR/CTR ALERT DATABASE. The list of crimes that are predicates to with military applications, as defined in the There is authorized to be appropriated money laundering would be broadened to in- Commerce Control List of the Export Admin- $1,000,000, to remain available until exclude, among other things, corruption or istration Regulations; pended, for the Financial Crimes Enforce- fraud by or against a foreign government ‘‘(vii) an offense with respect to which the ment Network of the Department of the under that government’s laws or the laws of United States would be obligated by a multi- Treasury to implement an automated data- the country in which the conduct occurred, lateral treaty either to extradite the alleged base that will alert law enforcement officials and misappropriation of funds provided by offender or to submit the case for prosecu- if Currency Transaction Reports or Sus- the IMF or similar organizations. tion, if the offender were found within the picious Activity Reports disclose patterns Institutions that engage in private bank- territory of the United States; or that may indicate illegal activity, including ing would be required to implement due dili- ‘‘(viii) the misuse of funds of, or provided any instance in which multiple Currency gence procedures encompassing verification by, the International Monetary Fund in con- Transaction Reports or Suspicious Activity of private banking customers’ identities and travention of the Articles of Agreement of Reports name the same individual within a source of funds. the Fund or the misuse of funds of, or pro- prescribed period of time. It would be a federal crime to knowingly vided by, any other international financial SEC. 9. LONG-ARM JURISDICTION OVER FOREIGN falsify or conceal the identity of a financial institution (as defined in section 1701(c)(2) of MONEY LAUNDERERS. institution customer. the International Financial Institutions Act) Section 1956(b) of title 18, United States An appropriation would be authorized for in contravention of any international treaty Code, is amended— FinCEN, which tracks reports filed by finan- or other international agreement to which (1) by redesignating paragraphs (1) and (2) cial institutions under the Bank Secrecy the United States is a party, including any as subparagraphs (A) and (B), respectively; Act, to establish an automated system of articles of agreement of the members of such (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; alerting authorities when multiple reports international financial institution;’’. (3) by inserting ‘‘, or section 1957’’ after ‘‘or are filed regarding the same customer. SEC. 7. PROHIBITION ON FALSE STATEMENTS TO (a)(3)’’; and United States courts would be given ‘‘long- FINANCIAL INSTITUTIONS CON- (4) by adding at the end the following: arm’’ jurisdiction over foreign persons and CERNING THE IDENTITY OF A CUS- ‘‘(2) For purposes of adjudicating an action institutions that commit money laundering TOMER. filed or enforcing a penalty ordered under offenses that occur in whole or part in the (a) IN GENERAL.—Chapter 47 of title 18, this section, the district courts shall have United States. United States Code (relating to fraud and jurisdiction over any foreign person, includ- The definition of money laundering in cur- false statements), is amended by inserting ing any financial institution authorized rent statutes would be expanded to include after section 1007 the following: under the laws of a foreign country, that laundering money through foreign banks. ‘‘§ 1008. False statements concerning the iden- commits an offense under subsection (a) in- f tity of customers of financial institutions volving a financial transaction that occurs ‘‘(a) IN GENERAL.—Whoever knowingly in in whole or in part in the United States, if ADDITIONAL COSPONSORS any manner— service of process upon such foreign person is S. 74 ‘‘(1) falsifies, conceals, or covers up, or at- made under the Federal Rules of Civil Proce- At the request of Mr. DASCHLE, the tempts to falsify, conceal, or cover up, the dure or the laws of the country in which the identity of any person in connection with foreign person is found. name of the Senator from Arkansas any transaction with a financial institution; ‘‘(3) The court may issue a pretrial re- (Mrs. LINCOLN) was added as a cospon- ‘‘(2) makes, or attempts to make, any ma- straining order or take any other action nec- sor of S. 74, a bill to amend the Fair terially false, fraudulent, or fictitious state- essary to ensure that any bank account or Labor Standards Act of 1938 to provide

VerDate 29-OCT-99 23:38 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.186 pfrm02 PsN: S10PT2 S14572 CONGRESSIONAL RECORD — SENATE November 10, 1999 more effective remedies to victims of Virginia (Mr. WARNER), and the Sen- (Mr. MOYNIHAN), the Senator from Min- discrimination in the payment of ator from Minnesota (Mr. WELLSTONE) nesota (Mr. WELLSTONE), the Senator wages on the basis of sex, and for other were added as cosponsors of S. 329, a from Louisiana (Mr. BREAUX), the Sen- purposes. bill to amend title 38, United States ator from Mississippi (Mr. COCHRAN), S. 279 Code, to extend eligibility for hospital the Senator from Delaware (Mr. ROTH), At the request of Mr. CRAPO, his care and medical services under chap- the Senator from Hawaii (Mr. AKAKA), name was added as a cosponsor of S. ter 17 of that title to veterans who the Senator from Idaho (Mr. CRAPO), 279, a bill to amend title II of the So- have been awarded the Purple Heart, the Senator from Delaware (Mr. cial Security Act to eliminate the and for other purposes. BIDEN), the Senator from Montana (Mr. earnings test for individuals who have S. 470 BAUCUS), the Senator from Nevada (Mr. attained retirement age. At the request of Mr. L. CHAFEE, his REID), the Senator from New Hamp- S. 329 name was added as a cosponsor of S. shire (Mr. GREGG), the Senator from At the request of Mr. ROBB, the 470, a bill to amend the Internal Rev- Nevada (Mr. BRYAN), the Senator from names of the Senator from Illinois (Mr. enue Code of 1986 to allow tax-exempt West Virginia (Mr. BYRD), and the Sen- DURBIN), the Senator from Montana private activity bonds to be issued for ator from Maryland (Ms. MIKULSKI) (Mr. BURNS), the Senator from Nevada highway infrastructure construction. were added as cosponsors of S. 1332, a (Mr. REID), the Senator from California S. 664 bill to authorize the President to (Mrs. BOXER), the Senator from New At the request of Mr. L. CHAFEE, his award a gold medal on behalf of Con- Jersey (Mr. LAUTENBERG), the Senator name, and the name of the Senator gress to Father Theodore M. Hesburg, from Delaware (Mr. BIDEN), the Sen- from Rhode Island (Mr. REED) were in recognition of his outstanding and ator from Arkansas (Mrs. LINCOLN), the added as cosponsors of S. 664, a bill to enduring contributions to civil rights, Senator from Louisiana (Ms. amend the Internal Revenue Code of higher education, the Catholic Church, LANDRIEU), the Senator from Alaska 1986 to provide a credit against income the Nation, and the global community. (Mr. STEVENS), the Senator from Ne- tax to individuals who rehabilitate his- S. 1369 braska (Mr. KERREY), the Senator from toric homes or who are the first pur- At the request of Mr. JEFFORDS, the New Mexico (Mr. BINGAMAN), the Sen- chasers of rehabilitated historic homes name of the Senator from Maine (Ms. ator from Montana (Mr. BAUCUS), the for use as a principal residence. SNOWE) was added as a cosponsor of S. Senator from North Dakota (Mr. 1369, a bill to enhance the benefits of S. 761 CONRAD), the Senator from Texas (Mrs. the national electric system by encour- HUTCHISON), the Senator from Lou- At the request of Mr. ABRAHAM, the name of the Senator from Connecticut aging and supporting State programs isiana (Mr. BREAUX), the Senator from for renewable energy sources, universal (Mr. LIEBERMAN) was added as a co- Pennsylvania (Mr. SANTORUM), the Sen- electric service, affordable electric ator from New York (Mr. SCHUMER), sponsor of S. 761, a bill to regulate interstate commerce by electronic service, and energy conservation and the Senator from Connecticut (Mr. efficiency, and for other purposes. LIEBERMAN), the Senator from Florida means by permitting and encouraging S. 1378 (Mr. GRAHAM), the Senator from Iowa the continued expansion of electronic At the request of Mr. VOINOVICH, the (Mr. GRASSLEY), the Senator from Cali- commerce through the operation of names of the Senator from Mississippi fornia (Mrs. FEINSTEIN), the Senator free market forces, and for other pur- (Mr. LOTT), the Senator from Missouri from Rhode Island (Mr. CHAFEE), the poses. (Mr. BOND), and the Senator from Senator from Missouri (Mr. ASHCROFT), S. 805 Michigan (Mr. ABRAHAM) were added as the Senator from Indiana (Mr. BAYH), At the request of Mr. DURBIN, the cosponsors of S. 1378, a bill to amend the Senator from Utah (Mr. BENNETT), name of the Senator from Maine (Ms. chapter 35 of title 44, United States the Senator from Missouri (Mr. BOND), SNOWE) was added as a cosponsor of S. Code, for the purposes of facilitating the Senator from Nevada (Mr. BRYAN), 805, a bill to amend title V of the So- compliance by small businesses with the Senator from Maine (Ms. COLLINS), cial Security Act to provide for the es- certain Federal paperwork require- the Senator from Georgia (Mr. COVER- tablishment and operation of asthma ments, to establish a task force to ex- DELL), the Senator from Idaho (Mr. treatment services for children, and for amine the feasibility of streamlining CRAIG), the Senator from South Dakota other purposes. paperwork requirements applicable to (Mr. DASCHLE), the Senator from Con- S. 901 necticut (Mr. DODD), the Senator from small businesses, and for other pur- At the request of Mr. BINGAMAN, the poses. North Carolina (Mr. EDWARDS), the name of the Senator from Montana Senator from Washington (Mr. GOR- S. 1443 (Mr. BAUCUS) was added as a cosponsor TON), the Senator from Utah (Mr. At the request of Mr. HARKIN, the of S. 901, a bill to provide disadvan- names of the Senator from South Da- HATCH), the Senator from North Caro- taged children with access to dental kota (Mr. DASCHLE), and the Senator lina (Mr. HELMS), the Senator from Ha- services. waii (Mr. INOUYE), the Senator from from South Dakota (Mr. JOHNSON) were S. 1120 Vermont (Mr. JEFFORDS), the Senator added as cosponsors of S. 1443, a bill to At the request of Mr. REED, the name from Massachusetts (Mr. KENNEDY), the amend section 10102 of the Elementary of the Senator from Massachusetts Senator from Wisconsin (Mr. KOHL), and Secondary Education Act of 1965 the Senator from Vermont (Mr. (Mr. KENNEDY) was added as a cospon- regarding elementary school and sec- sor of S. 1120, a bill to ensure that chil- LEAHY), the Senator from Michigan ondary school counseling. dren enrolled in medicaid and other (Mr. LEVIN), the Senator from Mis- S. 1452 Federal means-tested programs at sissippi (Mr. LOTT), the Senator from At the request of Mr. SHELBY, the highest risk for lead poisoning are Florida (Mr. MACK), the Senator from names of the Senator from Alabama identified and treated, and for other Maryland (Ms. MIKULSKI), the Senator (Mr. SESSIONS) and the Senator from purposes. from Alaska (Mr. MURKOWSKI), the Sen- Kansas (Mr. ROBERTS) were added as ator from Rhode Island (Mr. REED), the S. 1272 cosponsors of S. 1452, a bill to mod- Senator from West Virginia (Mr. At the request of Mr. NICKLES, the ernize the requirements under the Na- ROCKEFELLER), the Senator from Mary- name of the Senator from Mississippi tional Manufactured Housing Construc- land (Mr. SARBANES), the Senator from (Mr. COCHRAN) was added as a cospon- tion and Safety Standards of 1974 and Alabama (Mr. SHELBY), the Senator sor of S. 1272, a bill to amend the Con- to establish a balanced consensus proc- from New Hampshire (Mr. SMITH), the trolled Substances Act to promote pain ess for the development, revision, and Senator from Oregon (Mr. SMITH), the management and palliative care with- interpretation of Federal construction Senator from Wyoming (Mr. THOMAS), out permitting assisted suicide and eu- and safety standards for manufactured the Senator from South Carolina (Mr. thanasia, and for other purposes. homes. THURMOND), the Senator from New Jer- S. 1332 S. 1511 sey (Mr. TORRICELLI), the Senator from At the request of Mr. BAYH, the At the request of Mr. HARKIN, the Ohio (Mr. VOINOVICH), the Senator from names of the Senator from New York name of the Senator from Minnesota

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.199 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14573

(Mr. WELLSTONE) was added as a cosponsor of S. 1883, a bill to amend title SENATE RESOLUTION 223 sponsor of S. 1511, a bill to provide for 5, United States Code, to eliminate an At the request of Mr. HELMS, the education infrastructure improvement, inequity on the applicability of early name of the Senator from Ohio (Mr. and for other purposes. retirement eligibility requirements to DEWINE) was added as a cosponsor of S. 1563 military reserve technicians. Senate Resolution 223, a resolution At the request of Mr. ABRAHAM, the S. 1896 condemning the violence in Chechnya. name of the Senator from Nevada (Mr. At the request of Mr. LEAHY, the REID) was added as a cosponsor of S. name of the Senator from Vermont SENATE RESOLUTION 224 1563, a bill to establish the Immigra- (Mr. JEFFORDS) was added as a cospon- At the request of Mr. CLELAND, the tion Affairs Agency within the Depart- sor of S. 1896, a bill to amend the Pub- names of the Senator from Virginia ment of Justice, and for other pur- lic Buildings Act of 1959 to give first poses. priority to the location of Federal fa- (Mr. WARNER), the Senator from Okla- homa (Mr. INHOFE), the Senator from S. 1590 cilities in central business areas, and for other purposes. Massachusetts (Mr. KENNEDY), the Sen- At the request of Mr. CRAPO, the name of the Senator from Idaho (Mr. SENATE RESOLUTION 108 ator from Connecticut (Mr. LIEBER- CRAIG) was added as a cosponsor of S. At the request of Mr. BREAUX, the MAN), and the Senator from New Mex- 1590, a bill to amend title 49, United names of the Senator from Ohio (Mr. ico (Mr. DOMENICI) were added as co- States Code, to modify the authority of VOINOVICH), the Senator from Massa- sponsors of Senate Resolution 224, a the Surface Transportation Board, and chusetts (Mr. KENNEDY), the Senator resolution expressing the sense of the from Connecticut (Mr. DODD), the Sen- for other purposes. Senate to designate November 11, 1999, ator from California (Mrs. FEINSTEIN), S. 1642 the Senator from Washington (Mr. as a special day for recognizing the At the request of Mr. COCHRAN, the GORTON), the Senator from Ohio (Mr. members of the Armed Forces and the name of the Senator from Washington DEWINE), the Senator from Idaho (Mr. civilian employees of the United States (Mr. GORTON) was added as a cosponsor CRAPO), the Senator from Illinois (Mr. who participated in the recent conflict of S. 1642, a bill to amend part F of DURBIN), the Senator from Missouri in Kosovo and the Balkans. title X of the Elementary and Sec- (Mr. ASHCROFT) and the Senator from SENATE RESOLUTION 227 ondary Education Act of 1965 to im- Michigan (Mr. ABRAHAM) were added as prove and refocus civic education, and cosponsors of Senate Resolution 108, a At the request of Mr. BOND, the for other purposes. resolution designating the month of names of the Senator from Mississippi S. 1666 March each year as ‘‘National (Mr. COCHRAN), the Senator from Mis- At the request of Mr. LUGAR, the Colorectal Cancer Awareness Month.’’ sissippi (Mr. LOTT), the Senator from name of the Senator from Mississippi SENATE RESOLUTION 128 Alaska (Mr. MURKOWSKI), and the Sen- (Mr. COCHRAN) was added as a cospon- At the request of Mr. COCHRAN, the ator from Alabama (Mr. SESSIONS) were sor of S. 1666, a bill to provide risk edu- names of the Senator from Arkansas added as cosponsors of Senate Resolu- cation assistance to agricultural pro- (Mrs. LINCOLN) and the Senator from ducers, and for other purposes. Minnesota (Mr. WELLSTONE) were added tion 227, a resolution expressing the S. 1693 as cosponsors of Senate Resolution 128, sense of the Senate in appreciation of At the request of Mr. GRAMS, the a resolution designating March 2000, as the National Committee for Employer name of the Senator from Ohio (Mr. ‘‘Arts Education Month.’’ Support of the Guard and Reserve. VOINOVICH) was added as a cosponsor of SENATE RESOLUTION 216 At the request of Mr. BRYAN, the S. 1693, a bill to protect the Social Se- At the request of Mr. CAMPBELL, the name of the Senator from Michigan curity surplus by requiring a sequester names of the Senator from Massachu- (Mr. LEVIN) was added as a cosponsor of to eliminate any deficit. setts (Mr. KERRY) and the Senator from Senate Resolution 227, supra. S. 1701 Illinois (Mr. DURBIN) were added as co- At the request of Mr. SESSIONS, the sponsors of Senate Resolution 216, a AMENDMENT NO. 2515 resolution designating the Month of name of the Senator from Pennsyl- At the request of Mr. LEAHY his name November 1999 as ‘‘National American vania (Mr. SANTORUM) was added as a was added as a cosponsor of Amend- Indian Heritage Month.’’ cosponsor of S. 1701, A bill to reform ment No. 2515 proposed to S. 625, a bill civil asset forfeiture, and for other pur- At the request of Mr. CHAFEE, his to amend title 11, United States Code, poses. name was added as a cosponsor of Sen- ate Resolution 216, supra. and for other purposes. S. 1738 SENATE RESOLUTION 217 At the request of Mr. JOHNSON, the AMENDMENT NO. 2516 name of the Senator from North Da- At the request of Mr. HUTCHINSON, the names of the Senator from Wis- At the request of Mr. KOHL the name kota (Mr. CONRAD) was added as a co- consin (Mr. FEINGOLD) and the Senator of the Senator from Iowa (Mr. HARKIN) sponsor of S. 1738, a bill to amend the from Florida (Mr. MACK) were added as was added as a cosponsor of Amend- Packers and Stockyards Act, 1921, to cosponsors of Senate Resolution 217, a make it unlawful for a packer to own, ment No. 2516 proposed to S. 625, a bill resolution relating to the freedom of feed, or control livestock intended for to amend title 11, United States Code, belief, expression, and association in slaughter. and for other purposes. the People’s Republic of China. S. 1862 SENATE RESOLUTION 220 AMENDMENT NO. 2650 At the request of Mr. LEAHY, his At the request of Mr. INHOFE, the At the request of Mr. SESSIONS his name was added as a cosponsor of S. name of the Senator from Maine (Ms. name was added as a cosponsor of 1862, a bill entitled ‘‘Vermont Infra- SNOWE) was added as a cosponsor of structure Bank Program.’’ Amendment No. 2650 proposed to S. 625, Senate Resolution 220, a resolution ex- a bill to amend title 11, United States S. 1867 pressing the sense of the Senate re- Code, and for other purposes. At the request of Mr. ROBB, the name garding the February 2000 deployment of the Senator from Indiana (Mr. BAYH) of the U.S.S. Eisenhower Battle Group AMENDMENT NO. 2771 was added as a cosponsor of S. 1867, a and the 24th Marine Expeditionary At the request of Mr. HATCH the bill to amend the Internal Revenue Unit to an area of potential hostilities names of the Senator from North Caro- Code of 1986 to provide a tax reduction and the essential requirements that for small businesses, and for other pur- the battle group and expeditionary lina (Mr. HELMS) and the Senator from poses. unit have received the essential train- Colorado (Mr. ALLARD) were added as S. 1883 ing needed to certify the warfighting cosponsors of Amendment No. 2771 pro- At the request of Mr. BINGAMAN, the proficiency of the forces comprising posed to S. 625, a bill to amend title 11, name of the Senator from South Caro- the battle group and expeditionary United States Code, and for other pur- lina (Mr. THURMOND) was added as a co- unit. poses.

VerDate 29-OCT-99 23:38 Nov 11, 1999 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.201 pfrm02 PsN: S10PT2 S14574 CONGRESSIONAL RECORD — SENATE November 10, 1999 SENATE CONCURRENT RESOLU- announced in the Fourth Committee of the forcing them to kill their family mem- TION 72—EXPRESSING CON- General Assembly that contributing govern- bers and neighbors. DEMNATION OF THE USE OF ments of member nations were asked not to Once conscripted, many children are CHILDREN AS SOLDIERS AND send civilian police and military observers subject to brutal induction ceremonies. under the age of 25, and that troops in na- THE BELIEF THAT THE UNITED tional contingents should preferably be at The impact of the regular use of phys- STATES SHOULD SUPPORT AND, least 21 years of age but in no case should ical and emotional abuse involving WHERE POSSIBLE, LEAD EF- they be younger than 18 years of age; degradation and humiliation of young- FORTS TO ESTABLISH AND EN- Whereas on August 25, 1999, the United Na- er recruits to ‘‘indoctrinate’’ dis- FORCE INTERNATIONAL STAND- tions Security Council unanimously passed cipline, and to induce fear of superiors ARDS DESIGNED TO END THIS Resolution 1261 (1999) condemning the use of usually results in low self-esteem, guilt ABUSE OF HUMAN RIGHTS children in armed conflicts; feelings and violent solutions to prob- Whereas in addressing the Security Coun- Mr. WELLSTONE submitted the fol- lems. cil, the Special Representative of the Sec- In addition, children are treated like lowing concurrent resolution; which retary General for Children and Armed Con- was referred to the Committee on For- flict, Olara Otunnu, urged the adoption of a their adult counterparts. This can have eign Relations: global three-pronged approach to combat the severe physical effects. Poor and inad- S. CON. RES. 72 use of children in armed conflict: first, to equate food and medical care have Whereas in 1999 approximately 300,000 indi- raise the age limit for recruitment and par- more serious implications for children, viduals under the age of 18 are participating ticipation in armed conflict from the present whose bodies are still growing and may in armed conflict in more than 30 countries age of 15 to the age of 18; second, to increase be weakened by the exertions of mili- worldwide and hundreds of thousands more international pressure on armed groups tary life. Children who cannot ‘‘keep are at risk of being conscripted at any given which currently abuse children; and third, to up’’ are routinely killed by their lead- moment; address the political, social, and economic factors which create an environment where ers so that they cannot reveal any se- Whereas many of these children are forc- crets. ibly conscripted through kidnapping or coer- children are induced by appeal of ideology or cion, while others join military units due to by socio-economic collapse to become child Child soldiers are sometimes drugged economic necessity, to avenge the loss of a soldiers; and so that they will fight even more family member, or for their own personal Whereas the United States delegation to fiercely. They may be used as human safety; the United Nations working group relating shields, to protect the more valuable, Whereas many military commanders fre- to child soldiers has opposed efforts to raise trained adult soldiers. quently force child soldiers to commit grue- the minimum age of participation in armed Some children may appear to become some acts of ritual killings or torture conflict to the age of 18 despite the support combatants of their own accord. These against their enemies, including against of an overwhelming majority of countries: Now, therefore, be it are children—children without the ca- other children; pacity to judge what is in their own Whereas many military commanders sepa- Resolved by the Senate (the House of Rep- rate children from their families in order to resentatives concurring), That— best interest. Children who are subject foster dependence on military units and lead- (1) the Congress joins the international to subtle manipulations by family and ers, leaving children vulnerable to manipula- community in condemning the use of chil- community members may succumb to tion, deep traumatization, and in need of dren as soldiers by governmental and non- pressures that lead them to participate psychological counseling and rehabilitation; governmental armed forces worldwide; and in hostilities. Whereas child soldiers are exposed to haz- (2) it is the sense of the Congress that— Some children become so enraged by ardous conditions and risk physical injuries, (A) the United States should not oppose current efforts to negotiate an optional the violence against their families and sexually transmitted diseases, malnutrition, communities they become combatants deformed backs and shoulders from carrying international agreement to raise the inter- overweight loads, and respiratory and skin national minimum age for military service to seek revenge. These ‘‘volunteers’’ infections; to the age of 18; are children who have witnessed ex- Whereas many young female soldiers face (B) the Secretary of State should address tremes of physical violence, including the additional psychological and physical positively and expediently this issue in the death squad killings, disappearances, horrors of rape and sexual abuse, being next session of the United Nations working torture, destruction of home or prop- enslaved for sexual purposes by militia com- group relating to child soldiers before this erty and massacres. Young children manders, and forced to endure severe social process is abandoned by the international community; and seldom appreciate the dangers which stigma should they return home; they face. Alone, orphaned, frightened, Whereas children in northern Uganda con- (C) the President and the Congress should tinue to be kidnapped by the Lords Resist- work together to enact a law that estab- bored, and frustrated, they will often ance Army (LRA) which is supported and lishes a fund for the rehabilitation and re- finally choose to fight. funded by the Government of Sudan and integration into society of child soldiers. When a conflict has ended, child sol- which has committed and continues to com- Mr. WELLSTONE. Mr. President, diers often do not receive any special mit gross human rights violations in Ugan- today I am submitting a concurrent treatment for their reintegration into da; resolution expressing condemnation of civil society. Child soldiers have dif- Whereas children in Sri Lanka have been the use of children as soldiers and the ferent needs than adult soldiers and re- forcibly recruited by the opposition Tamil belief that the United States should quire special services, such as edu- Tigers movement and forced to kill or be cation, training, and social and psycho- killed in the armed conflict in that country; support and, where possible, lead ef- Whereas an estimated 7,000 child soldiers forts to establish and enforce inter- logical rehabilitation. have been involved in the conflict in Sierra national standards designed to end this Although child soldiers are subjected Leone, some as young as age 10, with many abuse of human rights. to unspeakable horrors, the inter- being forced to commit extrajudicial execu- In 1999, an estimated 300,000 individ- national community has been slow in tions, torture, rape, and amputations for the uals under the age of 18, some as young outlawing the use of children under 18 rebel Revolutionary United Front; as age 5, were serving as soldiers in in armed conflicts. Today, inter- Whereas the international community is dozens of armed conflicts around the national law regarding child soldiers is developing a consensus on how to most effec- world, some with armed insurgencies, governed primarily by the UN Conven- tively address the problem, and toward this end, the United Nations has established a and some in regular armies. tion on the Rights of the Child. The working group to negotiate an optional Over the past five years, children Convention states that children under international agreement on child soldiers were combatants in at least 33 coun- 15 cannot be recruited, conscripted, or which would raise the legal age of recruit- tries around the world: in Africa, in the made to participate in armed conflict. ment and participation in armed conflict to Americas, in Europe, the Middle East Every country in the United Nations, age 18; and Persian Gulf, and in Asia. except the United States and Somalia Whereas on October 29, 1998, United Na- Throughout the world, children are has ratified the Convention. tions Secretary General Kofi Annan set min- exploited by adults for cruel purposes. Currently, a number of governments imum age requirements for United Nations These children have no voice. Some are working in Geneva to establish an peacekeeping personnel that are made available by member nations of the United Na- children are kidnaped and forced to be- Optional Protocol to the Convention on tions; come combatants. In the conflict in Si- the Rights of the Child that would Whereas United Nations Under-Secretary erra Leone, rebel armies willfully con- raise the minimum age for recruitment General for Peacekeeping, Bernard Miyet, scripted children into their ranks after and participation in conflict in 18. The

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.205 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14575 working group has met over the past diers before this process is abandoned greater democratization and the em- five years, but so far has been unable by the international community; and brace of free markets. to reach consensus as to the wording (C) the President and the Congress In the United States, credit for this and terms of the protocol. This delay is should work together to enact a law success can be generously distributed in part due to the United States, which that establishes a fund for the rehabili- to generations of American leaders, does not want to give up its practice of tation and reintegration into society of both Democrats and Republicans, who recruiting youths under 18 for military child soldiers. never wavered in their courageous de- service. f termination to contain the Soviet Although in the United States con- Union and resist totalitarianism. The scription is limited to those 18 and SENATE CONCURRENT RESOLU- end of the Cold War was truly a bi-par- over, the United States military has a TION 73—EXPRESSING THE tisan effort and a national achieve- long standing practice of recruiting SENSE OF THE CONGRESS RE- ment, and is a model of cooperation youths under the age of 18 and allowing GARDING FREEDOM DAY that we should not forget as we seek to them to be designated to fill combat Mr. LIEBERMAN submitted the fol- address the international concerns we positions. According to the U.S. De- lowing concurrent resolution; which face now and in the future. fense Department, children under the was referred to the Committee on the The fall of the wall was a tran- age of 18 make up less than one-half of Judiciary: scendent moment in the struggle one percent of active U.S. troops, about S. CON. RES. 73 against totalitarianism and for democ- 7,000 individuals. I urge the Defense De- Whereas on November 9, 1989, the Berlin racy, a smashing victory for the human partment to examine its policy of re- Wall was torn down by those whom it had spirit and the cause of human rights. It cruiting children under the age of 18. imprisoned; is only fitting that we choose the anni- Further, I urge the Defense Depart- Whereas the fall of the Berlin Wall has be- versary of this epochal triumph to ment to reassign those recruits under come the preeminent symbol of the end of honor and celebrate freedom’s march of 18 to non-combat positions and adopt a the Cold War; progress across the planet. clear policy barring those under 18 Whereas the Cold War, at is essence, was a This effort to establish a ‘‘Freedom struggle for human freedom; from participating in armed conflict. Day,’’ in recognition of the end of the Whereas the end of the Cold War was Cold War, was inspired by my good These steps would bring the United brought about in large measure by the dedi- States closer to the emerging inter- cation, sacrifice, and discipline of Americans friend Ben Wattenberg, Senior Fellow national consensus regarding the min- and many other peoples around the world at the American Enterprise Institute imum age for military service. united in their opposition to Soviet Com- and a long time champion of freedom Further, to move forward, the United munism; and democracy. His recent column en- States government must drop its objec- Whereas freedom’s victory on the Cold War titled ‘‘moving Forward With Freedom tion to an international agreement es- against Soviet Communism is the crowning Day’’ is particularly noteworthy. achievement of the free world’s long 20th tablishing 18 as the minimum age for Mr. President, I ask unanimous con- century struggle against totalitarianism; sent that the complete text of Mr. recruitment or participation in armed and conflict. Since the United States is not Whereas it is highly appropriate to remind Wattenberg’s column be inserted in the even a party to the parent treaty, our Americans, particularly those in their for- RECORD. opposition is inappropriate. The United mal educational years, that America paid There being no objection, the mate- States should not object to other coun- the price and bore the burden to ensure the rial was ordered to be printed in the tries moving forward in protecting survival of liberty on this planet: Now, RECORD, as follows: their children even if we choose not to therefore, be it MOVING FORWARD WITH FREEDOM DAY Resolved by the Senate (the House of Rep- follow suit. Ten years ago, on Nov. 9, 1989, the Berlin resentatives concurring), That it is the sense Wall was battered down by the people it had Mr. President, I speak today for of the Congress that— these children who have grown up sur- imprisoned. The event is regarded as the mo- (1) a Freedom Day should be celebrated ment the Cold War ended. For Americans rounded by violence and can only see each year in the United States; and without sentiment memories of World War this as a permanent way of life; for the (2) the United States should join with II, the end of the Cold War has been the most children who are the victims of other nations, specifically including those momentous historical event of their life- unfathomable terror and violence; and, which liberated themselves to help end the times, and so it will likely remain. for the children who are forced to per- Cold War, to establish a global holiday called Long yearned for, the end of the Cold War petrate equal atrocities upon others. Freedom Day. has more than lived up to expectations: De- I speak for the children who have no Mr. LIEBERMAN. Mr. President, we mocracy is on the march globally, defense other voice to speak for them, and no have just marked the 10th anniversary budgets are proportionately down, market of the fall of the Berln Wall, one of the economies are beginning to flourish most ev- voice to speak for themselves. I submit erywhere, everyday people are benefiting this resolution so that the United most important milestones of our era. each and every day. States Congress can speak for these In honor of this event, I am submitting The end of the Cold War actually was a children. a resolution urging that a ‘‘Freedom process, not an event. By early 1989, Soviet I ask the United States Senate, as we Day’’ be celebrated each year in the President Mikhail Gorbachev had pulled his look to the new millennium, to begin United States. It also calls on the troops from Afghanistan, whipped. Poles the process whereby we eliminate the United States to work with other na- elected a noncommunist government; the use of children as soldiers. I ask the tions to establish a global holiday Soviets did nothing. Hungary, Czecho- slovakia, East Germany and later Bulgaria Senate to give voice to these children called ‘‘Freedom Day.’’ The House al- installed non-communist governments. It and to future generations of children ready passed an identical resolution, was called ‘‘the velvet revolution,’’ with only through passage of this concurrent res- introduced by my friend House Policy Romania the exception; Nicolae Ceausescu olution. Chairman CHRISTOPHER COX, by a vote and his empress were executed. The resolution simply provides that of 417–0, and it is my hope that we can For almost two years, the U.S.S.R. re- (1) the Congress joins the international pass it in the Senate before adjourn- mained a one-party communist state, gradu- community in condemning the use of ment. ally eroding. Hard-liners attempted to resist the slow motion dis-memberment. On Aug. children as soldiers; and (2) it is the A decade later, it is sometimes easy 19, 1991, Boris Yeltsin stood on a tank to re- sense of the Congress that (A) the to forget the profound significance of sist a hard-line coup. The hammer-and-sickle United States should not oppose cur- November 9, 1989, the day that Berlin came down; the Russian tricolor went up. rent efforts to negotiate an optional Wall came down. It was the symbolic Other Soviet republics declared independ- international agreement to raise the end of four decades of a Cold War that ence, including the big guy on the block, international minimum age for mili- had dominated our foreign and defense Ukraine. tary service to the age of 18; (B) The policies and threatened international U.S. diplomats did not ‘‘gloat’’ about it. Secretary of State should address posi- stability. The Cold War’s end was a re- The sovereign state of Russia would be un- stable enough without the United States tively and expediently this issue in the sounding success for the United States rubbing it in. next session of the United Nations and the international community, that On Dec. 4, 1991, I proposed in a column that working group relating to child sol- set off a worldwide movement toward a new national holiday be established to

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.207 pfrm02 PsN: S10PT2 S14576 CONGRESSIONAL RECORD — SENATE November 10, 1999 commemorate the end of the Cold War. I SECTION 1. REFERRAL. usage has increased exponentially, thus asked readers to participate in a contest to: S. 1456 entitled ‘‘A bill for the relief of heightening the potential impact upon indi- 1. Name it; 2. pick a date; and 3. propose a Rocco A. Trecosta of Fort Lauderdale, Flor- vidual privacy; method of celebration. ida’’ now pending in the Senate, together (4) national surveys indicate that the Several hundred submissions came in. with all the accompanying papers, is referred growth and expansion of technology has re- Some of the most imaginative entries for a to the chief judge of the United States Court sulted in concern regarding electronic data name were: ‘‘Defrost Day,’’ ‘‘Thaw Day,’’ of Federal Claims. privacy for more than 80 percent of United ‘‘Ronald Reagan Day,’’ ‘‘Gorbachev Day,’’ SEC. 2. PROCEEDING AND REPORT. States citizens; ‘‘Borscht Day,’’ ‘‘Peace Through Strength The chief judge shall— (5) currently, there is no uniform Govern- Day,’’ ‘‘E Day’’ (which would stand for ‘‘Evil (1) proceed according to the provisions of ment policy addressing either Government Empire Ends Day’’), ‘‘E2D2’’ (‘‘Evil Empire sections 1492 and 2509 of title 28, United or private sector uses of personal data; Death Day’’), ‘‘Jericho Day,’’ ‘‘Pax Ameri- States Code; and (6) the right of individual privacy must be cana Day’’ and ‘‘Kerensky Future Freedom (2) report back to the Senate, at the ear- weighed against legitimate uses of personal Day’’ (recalling that Mr. Yeltsin was not the liest practicable date, providing— information that benefit the public good; and first pro-democratic leader of Russia). (A) such findings of fact and conclusions (7) the private sector has made notable ef- Scores of respondents offered ‘‘Liberty that are sufficient to inform the Congress of forts to self-regulate privacy protection, es- Day,’’ ‘‘Democracy Day,’’ and, mostly, the nature, extent, and character of the pecially in the online environment, but there ‘‘Freedom Day.’’ In June of 1992, I publicly claim for compensation referred to in such remains room for improvement. proclaimed ’‘Freedom Day’’ the winner. bill as a legal or equitable claim against the (b) PURPOSE.—The purpose of this Act is to One suggestion for the date of the new hol- United States or a gratuity; and establish a study commission to— iday was June 5, for Adam Smith’s birthday. (B) the amount, if any, legally or equitably (1) examine the implications of new and ex- But the most votes went for Nov. 9, the day due from the United States to Rocco A. isting technologies on individual privacy; the wall fell. So today I proclaim that date Trecosta of Fort Lauderdale, Florida. (2) ensure appropriate privacy protection Freedom Day. f of both Government and private sector uses There were ideas about how to celebrate of personal information, recognizing that a and commemorate Freedom Day: Build a sib- SENATE RESOLUTION 232—MAKING balance exists between individual rights and ling sculpture to the statue of Liberty; eat CHANGES TO SENATE COMMIT- the public good including the legitimate potatoes, the universal food; build a tunnel TEES FOR THE 106TH CONGRESS needs of law enforcement; to Russia across the Bering Strait; thank (3) identify Government efforts to establish God for peace; welcome immigrants; medi- Mr. LOTT (for himself and Mr. privacy policy, including recommendations tate; issue a U.N. stamp; build ice sculptures; DASCHLE) submitted the following reso- for improved coordination among Govern- send money to feed Russians; and do some- lution; which was considered and ment agencies, and foreign governments, and thing you can’t do in an unfree country— agreed to: if necessary, legislative proposals; make a public speech, see a dirty movie, cel- S.RES. 232 (4) evaluate new technology (i.e. bio- ebrate a religion, travel across a border. metrics) to enhance electronic data privacy; Resolved, That notwithstanding the provi- I propose that discussion on the matter of and sions of S. Res. 400 of the 95th Congress, or how to celebrate be put on hold until we get (5) study the extent, need, and feasibility the provisions of rule XXV, the following the holiday established. of individual control over personal informa- changes shall be effective on those Senate How? Because all the major presidential tion. committees listed below for the 106th Con- candidates participated in the Cold War, gress, or until their successors are ap- SEC. 3. ESTABLISHMENT OF COMMISSION. they should endorse the holiday. Legislators pointed: (a) ESTABLISHMENT.—There is established a ought to push for it. Anyone who worked in Committee on Intelligence: effective the commission to be known as the Privacy Pro- a defense industry, or paid federal taxes from 2nd session of the 106th Congress, remove Mr. tection Study Commission (hereafter in this 1945 to 1989, ought to support it. President DeWine, and Mr. Kerrey. Act referred to as the ‘‘Commission’’). Clinton ought to go to the Reagan Library to f (b) MEMBERSHIP.— endorse it. (1) COMPOSITION.—The Commission shall be I met with Mark Burman of the Reagan AMENDMENTS SUBMITTED composed of 9 members of whom— Presidential Foundation. He says they are on (A) 3 shall be appointed by the President of board for a campaign. The other great presi- the United States; dential libraries—Truman, Eisenhower, Ken- PRIVACY PROTECTION STUDY (B) 2 shall be appointed by the Majority nedy, Johnson, Nixon, Ford and Carter— COMMISSION ACT OF 1999 Leader of the Senate and 1 shall be appointed should join in. by the Minority Leader of the Senate; and So should anyone concerned with the (C) 2 shall be appointed by the Speaker of teaching of American history. The holiday the House of Representatives and 1 shall be will remind American children that their re- KOHL (AND TORRICELLI) AMENDMENT NO. 2777 appointed by the Minority Leader of the cent ancestors preserved freedom. The Cold House of Representatives. War generation may not be ‘‘the greatest’’ (Ordered referred to the Committee (2) QUALIFICATIONS.—Members of the Com- but they did their job—victory without a on the Judiciary) mission shall be chosen based on their major hot war. Mr. KOHL (for himself and Mr. knowledge and expertise in law, civil rights Americans can only create an American TORRICELLI) submitted an amendment and liberties, privacy matters, government, holiday. But we ought to invite all other business, telecommunications, media, or in- countries to join in, Russia first. The citi- intended to be proposed by them to the bill (S. 1901) to establish the Privacy formation technology. zens of Russia won the Cold War as surely as (3) CHAIRMAN AND VICE CHAIRMAN.—The we did. If I were a Chinese dissident I’d pro- Protection Study Commission to evalu- Commission shall elect a Chairman and Vice mote the idea; it might give their leaders a ate the efficacy of the Freedom of In- Chairman from among its members. The clue. formation Act and the Electronic Free- Chairman, or a member appointed by the If you like the idea, or have ideas, you may dom of Information Act Amendments Chairman, shall be the official spokesperson e-mail me at [email protected]. I’ll pass the of 1996, to determine whether new laws of the Commission in its relations with Con- correspondence along to the appropriate per- are necessary, and to provide advice gress, Government agencies, other persons, sons, as soon as I figure out who they are. and recommendations; as follows: and the public. f (4) TERM OF APPOINTMENT; VACANCIES.— Strike all after the enacting clause and in- (A) APPOINTMENT.— sert the following: SENATE RESOLUTION 231—REFER- (i) IN GENERAL.—Members shall initially be RING S. 1456 ENTITLED ‘‘A BILL SECTION 1. SHORT TITLE. appointed not later than 90 days after the FOR THE RELIEF OF ROCCO A. This Act may be cited as the ‘‘Privacy Pro- date of enactment of this Act. TRECOSTA OF FORT LAUDER- tection Study Commission Act of 1999’’. (ii) TERM.—Members shall be appointed for DALE, FLORIDA’’ TO THE CHIEF SEC. 2. FINDINGS AND PURPOSES. the life of the Commission. JUDGE OF THE UNITED STATES (a) FINDINGS.—Congress finds that— (B) VACANCY.—Any vacancy in the Com- (1) the right of privacy is a longstanding mission shall not affect its powers and shall COURT OF FEDERAL CLAIMS personal right embedded in United States be filled in the same manner as the original FOR A REPORT THEREON history and jurisprudence; appointment. Mr. GRAHAM submitted the fol- (2) the openness of Government records, (5) VOTING.—Each member of the Commis- lowing resolution; which was referred procedures, and actions has become increas- sion shall have equal responsibility and au- to the Committee on the Judiciary: ingly important in recent years, and should thority in all decisions and actions of the remain so in a free and democratic society; Commission, and shall have 1 vote. Action of S. RES. 231 (3) the use of electronic data collection, the Commission shall be determined by a Resolved, storage, communications, transfer, and majority vote of the members present.

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(6) QUORUM.—Five members of the Commis- SEC. 5. POWERS OF THE COMMISSION. employees of the United States or Members sion shall constitute a quorum, however a (a) HEARINGS.—The Commission may hold of Congress shall receive no additional pay lesser number of members may hold hear- such hearings and sit and act at such times on account of their service on the Commis- ings. and places, administer oaths, and require by sion. SEC. 4. DUTIES OF THE COMMISSION. subpoena or otherwise, the attendance and (b) TRAVEL EXPENSES.—While away from (a) INVESTIGATION.—The Commission is au- testimony of witnesses and the production of their homes or regular places of business in thorized to conduct a thorough investigation books, records, correspondence, memoran- the performance of services for the Commis- of all matters relating to privacy policy. dums, papers, and documents as the Commis- sion, the members of the Commission shall (b) MANDATORY COMMISSION FUNCTIONS.— sion considers necessary. be allowed travel expenses, including per The Commission shall— (b) SUBPOENA POWERS.— diem in lieu of subsistence, at rates author- (1) research and investigate the actual and (1) IN GENERAL.—Subpoenas issued under ized for employees of agencies under sub- potential implications to individual privacy subsection (a)— chapter I of chapter 57 of title 5, United of electronic collection, storage, transfer, (A) may only be issued pursuant to a ma- States Code. and usage of personal information by Fed- jority vote of all the members of the Com- (c) STAFF.— eral, State, and local governments and the mission, including affirmative votes by the (1) IN GENERAL.—The Chairman of the Com- private sector; Chairman and the Vice-Chairman of the mission may, without regard to the civil (2) review enacted law and proposed Fed- Commission; service laws and regulations, appoint and eral and State legislation pertinent to pri- (B) shall bear the signature of the Chair- terminate an executive director and such vacy protection and electronic data protec- man of the Commission or any designated other personnel as may be necessary to en- tion, including sections 552 and 552a of title member; and able the Commission to perform its duties. 5, United States Code (commonly referred to (C) may be served by any person or class of (2) COMPENSATION.—The Chairman of the as the Freedom of Information Act and the persons designated by the Chairman for that Commission may fix the compensation of the Privacy Act, respectively), the 1996 Elec- purpose. executive director and other personnel with- tronic Freedom of Information Act Amend- (2) ENFORCEMENT.— out regard to the provisions of chapter 51 and ments of 1996 (5 U.S.C. 552 note)), Electronic (A) IN GENERAL.—In case of contumacy or subchapter III of chapter 53 of title 5, United Communications Privacy Act of 1986 (18 failure to obey a subpoena issued under sub- States Code, relating to classification of po- U.S.C. 2510 note), Fair Credit Reporting Act section (a), the United States district court sitions and General Schedule pay rates, ex- (15 U.S.C. 1601 et seq.), and the Cable Tele- for the judicial district in which the subpoe- cept that the rate of pay for the executive division Consumer Protection and Competition naed person resides, is served, or may be rector and other personnel may not exceed Act of 1992 (47 U.S.C. 521 et seq.), and if nec- found, may issue an order requiring such per- the rate payable for level V of the Executive essary, propose any legislation to— son to appear at any designated place to tes- Schedule under section 5326 of such title. (A) ensure appropriate privacy protection tify or to produce documentary or other evi- (3) SPECIAL EXPERTS AND CONSULTANTS.— for both Government and private sector uses dence. The Chairman of the Commission is author- of personal information; (B) PUNISHMENT.—Any failure to obey the ized to procure the services of experts and (B) provide the proper balance between pri- order of the court may be punished by the consultants in accordance with section 3109 vacy protection and legitimate, effective court. of title 5, United States Code, at rates for in- uses of information and the needs of law en- (3) WITNESS ALLOWANCE AND FEES.—The dividuals not to exceed the daily equivalent forcement agencies; and provisions of section 1821 of title 28, United of the annual rate of basic pay prescribed for (C) eliminate and resolve any conflict be- States Code, shall apply to witnesses re- level V of the Executive Schedule under sec- tween laws; and quested or subpoenaed to appear at any hear- tion 5316 of such title. (3) evaluate the effectiveness and success ing of the Commission. The per diem and SEC. 7. TERMINATION OF THE COMMISSION. of self-regulation privacy initiatives under- mileage allowances for witnesses shall be The Commission shall terminate 30 days taken by the private sector. paid from funds available to pay the ex- after the date on which its final report is (c) DISCRETIONARY COMMISSION FUNC- submitted to the President and Congress. TIONS.—The Commission may— penses of the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (1) evaluate the status of Federal and State (c) INFORMATION FROM FEDERAL AGEN- (a) IN GENERAL.—There are authorized to laws for the purpose of establishing policy CIES.—The Commission may secure directly be appropriated $5,000,000 to carry out the objectives for Federal privacy protection and from any executive department, bureau, agency, board, commission, office, inde- provisions of this Act. electronic data protection, including efforts (b) AVAILABILITY.—Any sums appropriated to harmonize United States law with that of pendent establishment, or instrumentality any information, suggestions, estimates, and in this section shall remain available, with- foreign jurisdictions; out fiscal year limitation, until expended. (2) develop model privacy protection, elec- statistics for the purpose of carrying out this f tronic data protection, and fair information Act. Any entity from which such information is requested is authorized and directed, practices, standards, and guidelines; BANKRUPTCY REFORM ACT OF 1999 (3) evaluate potential technology that will to the extent authorized by law, to furnish enhance privacy protection and electronic the requested information to the Commis- data protection; sion, upon request made jointly by the Chairman and Vice Chairman. HUTCHISON (AND OTHERS) (4) identify privacy protection policies of AMENDMENT NO. 2778 Federal agencies, and evaluate the possible (d) CONFIDENTIALITY.— need for coordination of such policies; and (1) IN GENERAL.—The Commission may ac- Mrs. HUTCHISON (for herself, Mr. (5)(A) determine the need for the establish- cept from any Federal agency or other per- BROWNBACK, and Mr. GRAHAM) proposed ment of a permanent Federal agency, depart- son, any identifiable personal data if such an amendment to amendment No. 2516 data is necessary to carry out its powers and ment, or bureau to maintain uniform privacy proposed by Mr. KOHL to the bill (S. functions. protection and electronic data protection 625) to amend title 11, United States policy; and (2) SAFEGUARDS.—In any case in which the Commission accepts such information, it Code, and for other purposes; as fol- (B) if the Commission determines such an lows: agency is advisable, develop a business plan shall provide all appropriate safeguards to for the establishment and maintenance of ensure that the confidentiality of the infor- Strike the period at the end and insert the such agency. mation is maintained and that upon comple- following: ‘‘. The provisions of this section (d) REPORTS; RECOMMENDATIONS.— tion of the specific purpose for which such shall not apply to debtors if applicable State (1) PROGRESS REPORTS.—The Commission information is required, the information is law provides by statute that such provisions may provide periodic written reports to the destroyed or returned to the agency or per- shall not apply to debtors and shall not take President and the Judiciary Committees of son from which it was obtained. effect in any State before the end of the first the Senate and the House of Representatives SEC. 6. COMMISSION PERSONNEL MATTERS. regular session of the State legislature fol- on the Commission’s activities and findings. (a) COMPENSATION OF COMMISSION MEM- lowing the date of enactment of this Act. (2) FINAL REPORT.— BERS.— f (A) IN GENERAL.—Not later than 18 months (1) IN GENERAL.—Except as provided in after the date on which the first meeting of paragraph (2), each member of the Commis- AUTHORITY FOR COMMITTEES TO the Commission occurs, the Commission sion shall be compensated at a rate equal to MEET shall submit a written final report to the the daily equivalent of the annual rate of COMMITTEE ON THE JUDICIARY President and Congress on the Commission’s basic pay prescribed for level IV of the Exec- Mr. LOTT. Mr. President, I ask unan- findings. utive Schedule under section 5315 of title 5, imous consent that the Committee on (B) CONTENTS.—The report shall contain a United States Code, for each day during the Judiciary be authorized to meet detailed statement of the Commission’s find- which such member is engaged in the actual ings and conclusions, together with any rec- performance of the duties of the Commis- during the session of the Senate on ommendations for such legislation and ad- sion. Wednesday, November 10, 1999, begin- ministrative actions as the Commission con- (2) GOVERNMENT PERSONNEL.—Members of ning at 10 a.m., in Dirksen Room 226, to siders appropriate. the Commission who are full-time officers or conduct a hearing.

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.215 pfrm02 PsN: S10PT2 S14578 CONGRESSIONAL RECORD — SENATE November 10, 1999 The PRESIDING OFFICER. Without tually promoted to the position of vice At the April meeting, Lott indicated his objection, it is so ordered. president, where he remained until the opposition to the treaty but said that no de- COMMITTEE ON THE JUDICIARY time of his retirement. cisions could be made until the group deter- Mr. LOTT. Mr. President, I ask unan- Yet, for all his professional achieve- mined how many Republicans were with imous consent that the Committee on ments, it is his personal life that gives them. So, in early May, treaty opponents him the most fulfillment. This epochal began the first in a series of careful ‘‘whip the Judiciary be authorized to meet checks’’ of how GOP Senators intended to during the session of the Senate on moment marks a grand achievement for a man who is a mentor to grand- vote. They gave wide berth to Senators who Wednesday, November 10, 1999 after the were likely to support the treaty or might children, nieces, and nephews. I offer first vote, approximately 12 p.m., in spread word that something was afoot. the President’s Room to conduct a my prayers to George for continued ‘‘There were 15 to 20 members we didn’t even markup. good health and cheer, and close with a ask,’’ says a Senate aide. The first count The PRESIDING OFFICER. Without particularly apt Irish blessing: showed 24 votes against the treaty—10 short objection, it is so ordered. May joy and peace surround you, of the number needed to stop it—with an- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Contentment latch your door, other 11 ‘‘leaning against.’’ Mr. LOTT. Mr. President, I ask unan- And happiness be with you now, Around this time, an internal debate imous consent that the Permanent And bless you evermore.∑ among treaty opponents was close to resolu- f Subcommittee on Investigations of the tion, at least in the minds of Kyl and Cover- Governmental Affairs Committee be COMPREHENSIVE TEST BAN dell. The question had been whether it was authorized to meet on Wednesday, No- TREATY better to ‘‘go fast’’—gather the votes to de- vember 10, 1999, at 1 p.m., for a hearing ∑ Mr. COVERDELL. Mr. President, feat the treaty, then vote on it right away— entitled ‘‘Private Banking and Money several weeks ago the Senate wisely re- or ‘‘go slow,’’ in the hope of bottling it up Laundering: A Case Study of Opportu- jected the Comprehensive Test Ban forever. The ‘‘go fast’’ advocates figured treaty opponents would only lose strength as nities and Vulnerabilities.’’ Treaty. Much was written about how the November 2000 elections neared. With the The PRESIDING OFFICER. Without the debate evolved here in the Senate. approach of Election Day, Senators would objection, it is so ordered. As one closely involved in this historic want to avoid any controversial vote, while COMMITTEE ON GOVERNMENTAL AFFAIRS debate, I submit for the RECORD an ex- the White House would benefit from addi- Mr. LOTT. Mr. President, I ask unan- cellent article in the November 8 issue tional time to hammer its opponents. The imous consent that the Senate Com- of National Review by Richard Lowry. chemical-weapons fight had demonstrated mittee on Governmental Affairs and The article follows. the awesome communications power of the the Senate Committee on Health, Edu- [From the National Review, Nov. 8, 1999] administration. Why wait for it to shift into cation, Labor, and Pensions be author- TEST-BAN BAN gear? ized to meet during the session of the (By Richard Lowry) In early August, Lott was shown a binder Senate on Wednesday, November 10, ‘‘If we had a hearing and had a vote on the full of clips—op-eds and letters—that sup- CTBT, we would win overwhelmingly.’’ ported the treaty, which seemed to indicate 1999 at 10 a.m. for a hearing regarding —Sen. Joe Biden, July 29, 1998 Federal Contracting and Labor Policy: Jesse Helms mounted his motorized cart that the administration’s push for it was un- Could the Administration’s Change to and left the Republican cloakroom, just off derway. For a long time, treaty opponents Procurement Regulations Lead to the Senate floor. Arizona senator Jon Kyl had feared the administration would use a ‘‘Blacklisting’’ Contractors? was right behind him. Georgia’s Paul Cover- September conference commemorating the The PRESIDING OFFICER. Without dell got word in his office and immediately third anniversary of the treaty’s signing as a objection, it is so ordered. headed out the door. All were converging on deadline for Senate action. A July 20 letter the offices of majority leader Trent Lott late from all the Senate Democrats—demanding SUBCOMMITTEE ON INTERNATIONAL RELATIONS Tuesday afternoon, Oct. 12, as Senate staff- hearings and a vote by October—seemed to Mr. LOTT. Mr. President, I ask unan- ers and others buzzed of an imminent deal to confirm this plan. A fall treaty fight would imous consent that the Subcommittee avoid a vote on the Comprehensive Test Ban coincide nicely with the period in which Re- on International Relations of the Com- Treaty. Minority leader Tom Daschle had publicans would be scrambling to pass appro- mittee on Foreign Relations be author- just offered Lott a treaty-saving agreement. priations bills. Democrats would have lever- ized to meet during the session of the Now the small group of Republicans-after age to threaten to bollix up the spending Senate on Wednesday, November 10, clearing Lott’s cramped conference room of process—creating the conditions for another all staff, to ensure privacy—would decide 1999 at 2 p.m. to hold a hearing. ‘‘government shutdown’’—unless Repub- whether the Senate would vote down a major licans released the treaty. The PRESIDING OFFICER. Without international treaty for the first time in 80 objection, it is so ordered. years. Lott settled on a three-part interim strat- f Their decision would be the culmination of egy: (1) Helms—with 25 years’ experience op- months of work, and it would determine posing ill-conceived arms-control treaties— ADDITIONAL STATEMENTS whether the congressional wing of the GOP would continue to hold up the treaty in his would win its most significant victory since Foreign Relations Committee; (2) mean- welfare reform in 1996. They knew they had while, influential former national-security GEORGE GABRIEL CELEBRATING a strong case on the merits. Defeating the HIS 90TH BIRTHDAY officials would continue to be lined up in op- treaty would, among other things, fit into a position to it; and (3) Kyl and Coverdell ∑ Mr. MOYNIHAN. Mr. President, I rise two-pronged national-security strategy fea- would continue to work the vote count. By today to honor my fellow New Yorker turing both missile defense and nuclear de- the time of a Sept. 14 meeting in Lott’s of- George Gabriel on the occasion of his terrence; deterrence is impossible without a fice, Kyl could guarantee 34 votes in opposi- safe, reliable American arsenal of the sort tion—just enough. He could also deliver the 90th birthday. George has been a war that the treaty would endanger. Shrewd GOP energetic help of former secretary of defense veteran, tennis instructor, lawyer, and tactics and a series of Democratic mis- vice president of Broadcast Music, In- calculations had brought the treaty to the (and secretary of energy) James Schlesinger. corporated (B.M.I.). His family will al- brink, and now the senators were back where Before long, the education effort by treaty ways know him for his love of classical they had started—around that conference opponents was in full swing. Kyl’s staff pre- music, quick wit, and pertinent advice. table—pondering whether to push it over the pared briefing books to distribute to other During World War II, George was sta- edge. Senate staffers. Two nuclear-weapons ex- The first meeting in Lott’s office had been tioned in Australia and the Phil- perts who had worked in the labs briefed sen- in late April, when those same four began a ators both individually and in small groups. ippines. He distinguished himself as a quiet, well-organized effort to defeat the member of the Army’s code-breaking And Schlesinger, who had served in both Re- treaty. Kyl was the point man. A bright, se- publican and Democratic administrations, operations, reading enciphered cables rious-minded conservative and an authority spoke at a luncheon for Republican Senators, intercepted from Japan. This might ex- on arms control, he had hosted meetings of then returned for more briefings the fol- anti-treaty staff as early as February. Soon plain his affinity for the always chal- lowing week. ‘‘He was key to us,’’ says the after, he enlisted the help of Coverdell, al- lenging New York Times crossword Senate aide. The effort began to show in the ways an important behind-the-scenes Senate puzzles! steadily rising vote count: Sept. 14–34 op- After the war, he graduated from player. Treaty opponents realized from the beginning that they would be wise to learn posed; Sept. 17–35; Sept. 22–38; Sept. 30—an Brooklyn Law School and went to from their defeat on the Chemical Weapons amazing 42. work for B.M.I. His work in the field of Convention two years earlier, when Lott un- At the same time, Democrats heedlessly music copyright prompted a quick rise dercut them at the last minute. The first les- stepped up their agitation for action on the up the corporate ladder. He was even- son? Get Lott on board early. treaty. North Dakota Senator Byron Dorgan

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.210 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14579 was threatening to tie up Senate business, the floor, still gathering signatures on a let- ing restructuring of the electricity in- getting under Lott’s skin. ‘‘They were a huge ter asking that the vote be put off. Again, dustry. The end result of Julie’s work influence on the decision to say, ‘Okay, let’s too late. President Clinton called Lott, ask- was a thorough index of restructuring just hold this vote,’ ’’ says Coverdell about ing if there was anything he could do. Re- terms, industry positions, key issues the Democrats. On Sept. 28, Biden showed plied Lott: Too late. When the floor debate Helms a resolution that he planned to offer, was concluded, 51 Republican Senators voted and legislative proposals. Anyone who proposing hearings on the treaty this year down the Comprehensive Test Ban Treaty in is familiar with the complexity of de- and a vote by March 31, 2000. Biden’s ploy the face of international pressure, the oppo- regulation proposals can appreciate the seemed to indicate that the Democrats now sition of the White House, and hostile media. hard work and attention to detail re- planned to raise the temperature on the Surprising? Well, yes. ‘‘I thought we had quired to create such a resource, which treaty in the spring, when it would get en- 50,’’ says Jon Kyl.∑ will be invaluable to me as the Senate meshed in the presidential campaign and dis- f Energy Committee continues to discuss comfit George W. Bush. As a result, Lott decided to move. He quietly reassured Biden RECOGNITION OF JULIE ROLING and evaluate restructuring legislation. that his resolution would be unnecessary. Again, I wish to express my deep On Sept. 30, Lott offered a ‘‘unanimous ∑ Mr. JOHNSON. Mr. President, I rise gratitude to Julie for a job well done. I consent’’ agreement—all Senators have to today to express my appreciation for wish her the very best in her future en- sign on to such an agreement for it to go the hard work of Julie Roling, a Brook- deavors.∑ into effect—to bring up the treaty for an im- ings Institution Fellow who has f mediate vote. Daschle objected, charging worked as part of my staff for the past that, among other things, there wasn’t six months. Julie has been a tremen- TRIBUTE TO CIVIL WAR HERO enough time for debate. Lott gave the Demo- dous asset to my legislative staff, and FREDERICK ALBER crats the additional time they wanted, and I am fortunate to have had her assist- on Oct. 1, Daschle lent his support to a new ∑ Mr. ABRAHAM. Mr. President, I rise agreement. There would be a vote on the ance. When she returns to the National today to pay tribute to the late Fred- treaty within two weeks. Every Democrat in Security Agency in December, I know erick Alber of Lapeer County, MI. On the Senate had endorsed the timing—and she will be missed by me and my staff. November 13, 1999, the community of this was a mistake of major proportions. Very often, Brookings Fellows have Oregon Township will dedicate a new Why did the Democrats do it? In part, they reputations that precede them in Cap- headstone for Mr. Alber and also honor were trapped by their own rhetoric. Gleeful itol Hill offices. Known as some of the other veterans buried in the Oregon GOP staffers had a sheaf of statements from best and brightest government employ- Democrats demanding a treaty vote this Township Cemetery. year. How could they back out now? They ees, they are considered secret weapons Frederick Alber enlisted in the Sev- were also probably unaware of the direness to the Members they assist. Julie has enteenth Michigan Infantry on July 2, of their situation. ‘‘It was plain arrogance,’’ been no exception. She came to my of- 1862 at age 24 and served valiantly dur- says Kyl. ‘‘They didn’t have any idea they fice with a wealth of government expe- ing the Civil War. On July 30, 1896, Pri- wouldn’t win.’’ Democrats also might have rience and policy knowledge, as well as vate Alber was issued the Medal of figured that they could, if necessary, cut a a model work ethic and positive atti- Honor for his undaunted bravery in the last-minute deal with Lott to avert a vote. tude. While her expertise lies in de- wilderness and his heroic actions at The final days of the treaty fight featured a fense procurement, Julie welcomed panicked Democratic effort to reverse course Spotsylvania. On May 12, 1864, Private and do just that, even as the vote count projects in a broad array of new issue Alber rescued Lieutenant Charles Todd against them continued to mount: Oct. 1–43 areas and contributed a great deal to of the 17th Michigan Infantry who was against; Oct. 7–45. my legislative staff. in the hands of a party of rebels. Pri- Lott was still open to avoiding a vote, but Throughout the past six months, vate Alber shot down one enemy rebel only if he could get an ironclad agreement Julie has worked on a number of and knocked over another with the from the Democrats that it would not come projects dealing with the environment, butt of his musket. He then took the up again for the duration of the Clinton ad- natural resources, agriculture and ministration. It was this possibility—and the rebels as prisoners and conducted them wiggle room the administration would surely trade. Julie led research efforts regard- both to the rear of the formation. find in any such deal—that had treaty oppo- ing a controversial wetlands policy The Civil War is one of the most im- nents on edge. ‘‘We were nervous until the during her time in my office. The un- portant events in our nation’s history. vote took place that something was going to fortunate circumstances surrounding Thanks to the brave actions of soldiers sidetrack it,’’ says Arkansas Senator Tim this issue pitted the interests of agri- like Frederick Alber, we are a united, Hutchinson. On Oct. 12, Daschle sent Lott a cultural producers against environ- free country. It is only fitting that we letter proposing to shelve the treaty, barring mental groups. It was imperative that remember the great sacrifices made by ‘‘unforeseen changes.’’ Lott promised to run my staff and I have access to the most it by his members. Hence the call that those who have gone before us. The brought Helms, Kyl, and Coverdell dashing recent information, in order to effec- marker dedication at Frederick Alber’s to Lott’s office. Daschle’s staff was already tively address the concerns of my con- grave site is a meaningful way to re- telling reporters that a deal was at hand, stituents. Julie’s research provided my member and honor the past heroes of prompting yet another treaty opponent, office with up-to-date and unbiased in- our country and is an appropriate man- Oklahoma’s Jim Inhofe, to sprint to Lott’s formation that enabled me to commu- ner in which to salute our cherished office unbidden. nicate clearly with both farmers and liberties. Kyl, Helms, and Coverdell huddled with environmentalists during this time. Lott over Daschle’s proposal. What did ‘‘un- I join the entire community of Or- foreseen changes’’ mean? Coverdell thought Julie handled frequent communication egon Township and Lapeer County as it was a ‘‘glaring escape clause.’’ The con- with government agencies and almost they pay their respects to a real Amer- sensus of the group was that it was unaccept- daily communications with South Da- ican hero, Frederick Alber.∑ able. ‘‘We couldn’t have had a more calm, kotans. f considerate discussion,’’ says Kyl. ‘‘Lott Julie also provided valuable assist- didn’t need to be persuaded or harangued in ance on crop insurance legislation this TRIBUTE TO RICHARD P. AUGULIS the least.’’ There was a brief discussion of year as well. Both the House of Rep- ∑ Mr. HOLLINGS. I rise today to pay going back to the Democrats with a draft of resentatives and the Senate introduced tribute to Richard P. Augulis on the a foolproof deal. But it dawned on everyone numerous bills to reform the crop in- that any deal would be impossible. The occasion of his retirement as director Democrats weren’t serious, and some Repub- surance program in this Congress, an of the National Weather Service Cen- licans were unwilling to go along no matter issue of great importance to the farm- tral Region. what. Inhofe, arriving at Lott’s office, em- ers of South Dakota. Julie collected In Mr. Augulis’ 35 years with the Na- phasized just that. The only way out, as one and synthesized information that en- tional Weather Service, including 13 Senate aide puts it, would have been ‘‘an in- abled me and my staff to decide which years as director of the 14-state Central ternal Republican bloodbath.’’ crop insurance reform bills most effec- Region, he has held public safety para- So, the next day, all systems were go. Lott tively addressed the concerns of South mount, whether as a forecaster or as a firmly rejected a last-minute floor attempt by Democratic lion Robert Byrd to place ob- Dakota farmers. manager. He has now retired to Las stacles in the way of a vote. Byrd threw a One of the most challenging tasks Vegas, Nevada where he is able to fit—to no avail. It was too late. Republican Julie undertook was the creation of a enjoy this new venture with members Senator John Warner was running around comprehensive resource guide regard- of his family.

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.233 pfrm02 PsN: S10PT2 S14580 CONGRESSIONAL RECORD — SENATE November 10, 1999 Mr. Augulis joined the National As a friend of Senator Chafee’s, I The next day, Griswold returned from Weather Service in August 1961 as a wanted to thank Dave for the invalu- some errands to find a phone message: ‘‘Sen- Weather Bureau Student Trainee at able assistance that he provided the ator Chafee called. He called to say that he WBAS Midway Airport while attending Senator over the past 23 years. A re- was sorry that he was cross with you last night. He appreciates everything you do, and St. Louis University. He earned his cent article in the Providence Journal he’s very proud of you.’’ Bachelor of Science in Meteorology in reflects on the years that Dave worked ‘‘I saved that note,’’ says Griswold. ‘‘Here 1963 and added a Masters Degree in with Senator Chafee for the people of it was Sunday before the election. We were 1967. He distinguished himself in a vari- Rhode Island and the people of this all in a state of terror. I would have forgiven ety of forecasting and management po- great nation. This article, which is a him for being much worse to me than he had sitions—in Salt Lake City; Anchorage thoughtful reflection on Dave’s 23 been. I would have forgiven him for hitting and Fairbanks, Alaska; Garden City, years of dedicated service, captures me. . . . beautifully the loyalty, modesty and ‘‘I fell in love with him forever at that New York; and, finally, Kansas City. point. That made me know I would stay with Beginning in 1974, as Meteorologist in sincerity with which he did his job. I this organization for as long as the door Charge of the new Fairbanks Weather ask that it be printed in the RECORD. would open.’’ Forecast Office, Mr. Augulis presided The article follows: David J. Griswold, 45, grew up in Warwick, over a staff that operated service pro- [From the Providence Journal-Bulletin, Oct. the son of David F. and Nancy Griswold, a grams during the exciting and chal- 30, 1999] salesman and a secretary, both of them Re- lenging times of the Trans-Alaska AIDE BECAME A REFLECTION OF JOHN CHAFEE publicans who ‘‘revered’’ John Chafee, as did so many members of their generation. Pipeline construction. Mr. Augulis’ IN A 23-YEAR JOURNEY, DAVID J. GRISWOLD ROSE Over the years, he says, parents of younger leadership was also invaluable to em- FROM BEING THE SENATOR’S DRIVER TO SERV- ING AS HIS CHIEF OF STAFF staffers have expressed the same feeling his ployees during the mid-1970s when the own parents did that working for Chafee (By Maria Miro Johnson) National Weather Service implemented ‘‘lifted up their families’’ and made them the Automation of Field Operations U.S. Sen. John H. Chafee in a bowling proud. (AFOS) communications network, alley. Griswold was only 14 when, in 1968, he first That was a bad night, says David J. Gris- encountered then-Governor Chafee, who was making a breakthrough transition wold, reflecting yesterday on his life along- from teletype to computers. throwing a rally at Providence City Hall for side the man he’d served for 23 years. Nelson Rockefeller, who was seeking the Re- Mr. Augulis’ last decade with the Na- Griswold started out as his go-fer and driv- publican nomination for president. er, then rose through the ranks to become tional Weather Service included the ‘‘I heard about it and came downtown,’’ his chief of staff, a position he has held for largest modernization and reorganiza- says Griswold. ‘‘In those days, we didn’t have 10 years. tion ever undertaken by the agency. He C-Span and all these constant reports of ev- Now he sat in the senator’s sunny office on erything, minute by minute. When a presi- helped guide his region through the in- Dorrance Street, having just come from a dential candidate came to Providence, Rhode troduction and implementation of service, which he wrote himself, at the State Island, it was a big deal.’’ state-of-the-art Doppler radar, com- House rotunda. His mind, he said, was The teenager handed out fliers directing puter-enhanced weather modeling and ‘‘numb.’’ At one point, he interrupted him- people to City Hall, and then he went to the self in mid-sentence ‘‘It’s so hurtful to be re- forecasting, and restructuring from rally himself. The speeches were great, he ferring to him in the past tense, I cannot tell more than 300 offices of varying sizes said, and afterward, Chafee shook Griswold’s and capabilities to an efficient network you.’’ But he also laughed now and then to recall hand. ‘‘It was thrilling.’’ Later, as Griswold headed to the Outlet of 123 21st Century Weather Forecast certain stories. Such as the bowling alley building to catch a bus, a limo came rolling Offices across the United States. story. Mr. Augulis has served proudly as an It was an October day in 1982, says Gris- by. ‘‘And Rockefeller looks out of the car employee and a manager of the Na- wold, the closing days of a tense reelection and gives me a thumbs-up. And I knew in tional Weather Service. He is a distin- campaign against Democratic Atty. Gen. Ju- that split second it was me that he was ges- turing to. And it was magical. And then in a guished executive branch employee lius Michaelson. President Ronald Reagan had tumbled in the polls and people were flash, the care was gone and the day was over whose accomplishments reflect credit and real life returned. . . . on himself, the National Weather Serv- anxious about the economy. Republicans feared people might vote Democratic simply But ‘‘that day, I began to love politics be- ice and our nation. to signal their displeasure with the presi- cause I had made a connection with this fig- On this occasion, I am honored to dent. ure and had felt that he was reaching out to join his family, friends and colleagues Griswold, working as a scheduler then in me.’’ as we recognize Richard P. Augulis on Chafee’s Providence office, had an idea: Why Griswold kept volunteering for Repub- his retirement from the National not campaign in a Cranston bowling alley on licans, kept going down to defeat after defeat. (Republicans in Rhode Island, says Weather Service.∑ a Saturday night? The place was sure to be full of good-natured Rhode Islanders. Griswold, are ‘‘a pathetically lonely, small f Chafee had never campaigned in a bowling community.’’) And it wasn’t until 1975, when DAVID GRISWOLD—LOYAL alley, Griswold is sure, ‘‘he said, ‘All right, he was a 21-year-old Providence College student, that he encountered Chafee again. STAFFER we’ll try this.’ ’’ So they loaded up the car with brochures and headed for the lanes on Chafee had lost his first Senate race to ∑ 1Ms. COLLINS. Mr. President, in the Elmwood Avenue. Claiborne Pell in 1972, but was gearing up for days since the untimely death of our ‘‘And it was awful,’’ says Griswold. The a run in ’76. beloved friend and colleague, Senator place was full of kids and teenagers, the ‘‘Oh, he didn’t know me from Adam,’’ says John Chafee, we have heard numerous adult leagues having bowled during the Griswold of their meeting at Chafee’s head- week. ‘‘They didn’t know who he was. They quarters in the Turks Head Building. ‘‘I was testimonies to the impact Senator one of a hundred people, but he made me feel Chafee had on the lives of those who weren’t rude, but they were just not tuned in. Many of them were not even voting age.’’ as if he and I connected.’’ were fortunate enough to associate Nonetheless, ‘‘we schlepped along dowwwn The day after graduating from PC, Gris- with him. From those with whom he one side and baaaaack up the other side,’’ wold joined Senator Chafee’s staff. He has served, both in Rhode Island and here with Chafee shaking every hand. ‘‘He never looked back. on the floor of this august body, we must’ve been just ready to burst and I was One of his early jobs was to drive the sen- have heard of his skills as a statesman feeling like I wanted to die, ’cause I knew ator to his appointments. Though Chafee was a friendly enough passenger, Griswold made and his benevolent manner as a friend. immediately, ‘Oh boy, this was not a good idea.’ ’’ it a practice to speak only when spoken to. I am sure all of us are also aware of the Griswold drove the senator home to War- For one thing, he was nervous about getting love and pride he felt for those who wick, and that’s when ‘‘he let me have it.’’ lost which, at time, he did. were most important in his life—his ‘‘He said, ‘Whose idea was this? That was Inevitably, he says it was Chafee who got family. the biggest waste of time I ever had. Don’t them back on track ‘‘He knew all the roads We would be remiss, however, if we you know how tired I am? Don’t you know of Rhode Island. He knew every village in the did not also acknowledge another set of how stressful this is? What was the point of State.’’ Realizing that Griswold felt awful lives that Senator Chafee touched— wasting time in there with that crowd? They about it, he’d say,’’ ‘Well, you know David, if weren’t very friendly that’s the worst thing you ever do, you don’t those of his staff. His significance in ‘‘And I said, ‘Senator, it was my idea. I’m have much to worry about.’ their lives is perhaps best reflected in sorry.’ And he was very quiet. The whole way ‘‘It always felt so good to hear that.’’ the story of David Griswold, Senator home, neither of us said anything, and I After his reelection in 1982, Chafee was Chafee’s chief-of-staff. dropped him off.’’ aware that Griswold was a conscientious

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.061 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14581 worrywart and was a bit afraid of inviting cancel two planned events. Griswold thought tinued perseverance, Lusins, under the him to be one of his legislative assistants in he heard something different in his voice. aegis of a SURDNA scholarship, went Washington. ‘‘I think he was always prepared for every- on to graduate from Columbia Univer- ‘‘He valued thoroughness,’’ says Griswold. thing,’’ he says even death. ‘‘He was a person sity in 1963 and the Albany School of ‘‘He valued the willingness to stay until the of faith and a person with a compass that job was done at night. He valued commit- guided him and he was ready even when he Medicine in 1967. ment and honesty. He valued when you was unprepared, in the sense of having no During these years, John not only ex- didn’t know the answer to something, you script in hand just ready to do what he was celled academically but proved himself said, ‘Senator, I don’t know,’ rather than in- called to do, and do it with grace.’’ as an athlete, leader, and a patriot. venting a guess about what the answer might On Sunday night, at about 8, Griswold got Throughout his collegiate career, John be, because that would just be a waste of the call from Chafee’s daughter, Georgia powered Columbia’s varsity crew down time.’’ Nassikas. Griswold went on to become Chafee’s chief the Harlem River and was named cap- ‘‘When I heard her voice, my heart just fell tain for his senior year in 1962. Fol- legislative assistant, then his legislative di- to the floor. I knew this had to be something rector, then his chief of staff. bad.’’ But the way she said the last three lowing his junior year, however, Lusins One former colleague, Christine C. Fer- words ‘‘my father died’’ with such composure was called to military duty in Ger- guson, now head of the state Department of and strength, helped Griswold. many as the Soviets erected the Berlin Human Services, worked closely with Gris- He realized ‘‘this was where we were now,’’ Wall. After fulfilling his military obli- wold from 1981 to 1995 ‘‘some of the best and felt prepared. gations, he returned to New York and working years of my life.’’ Nonetheless, as he paced around the room subsequently finished college. Unlike some chiefs of staff, who are ‘‘really with the phone in his hand, he found himself political animals, operators, very slick,’’ she Before leaving for Berlin, John met a double-checking his facts: ‘‘ ‘Did you tell me dashing young lady by the name of says, ‘‘David is very much a reflection of now that your dad has died?’ ’’ he asked. John Chafee.’’ ‘‘And she laughed, and said yes.’’ Anna Marie Dahlgard Bistany. Upon As Griswold recalls those days, the work of Such, he says, are the habits born of work- his return, the two promptly fell in advising Chafee could be ‘‘painful.’’ love and were married on the 17th of He and Ferguson were always having to re- ing for John Chafee. mind the senator of the political ramifica- So many logistical details are involved in August, 1963. Their first children were tions of his upcoming votes. ‘‘We would say helping arrange today’s massive funeral that two daughters: Gillian, born in 1964, things like, ‘What good is it to know you’re Griswold has had no time to grieve. and Noelle in 1966. Three boys followed: gonna do the right thing if in the end, you It’s as if the funeral was one more big Carl in 1968, John in 1973, and, finally, lose an election and you can’t come back project, which the staff is handling as it has Matthew in 1976. handled so many others through the years. here and try to keep on doing what you’re The family moved over the years, doing?’ ‘‘At any given point in the process, we’ve all thought he might walk in and say, ‘Well, from Yonkers to Bronxville, finally ‘‘And he struggled. I remember nights that making Oneonta their home in 1982. he would pound his fist on the desk and say how’s this coming along, folks?’ ’’ to us, ‘Thank you. I’ve heard enough.’ ’’ Now, every morning, when Griswold wakes Filling a needed void, John established Griswold was seldom sure how Chafee up, it takes him a moment to remember that his neurology practice at Oneonta’s would end up voting when he went to the ‘‘the world is different now, completely dif- A.O. Fox Hospital in the same year. floor ‘‘He had his own compass.’’ ferent. . . . I never thought he’d leave. I Since then, Lusins and his practice, Griswold sometimes warns young appli- never believed that John Chafee would leave. now the multi-partner Catskill And it’s scary to me, not to have him.’’ cants for staff jobs that it’s easier to work Neurodiagnostics and MRI, has become for a conservative or a liberal than for a In the smallest, most everyday actions just moderate like Chafee, ‘‘because you at least making a phone call Griswold remembers one of Central New York’s finest and start out kind of knowing where you’re head- him. It’s always, Hello, this is David Gris- most respected medical centers. ed.’’ wold with Senator Chafee. Revered not only for his medical ca- On the other hand, ‘‘it made us do our jobs ‘‘I had five names. David Griswold With pabilities, Dr. Lusins has also estab- better. You really had to think to step back Senator Chafee. I’m afraid that I will say lished himself as a prominent Amer- from each question and try to look at it from that for a long time.’’∑ ican asset to the world of fine wine. everybody’s side.’’ f Equipped with erudition and a dis- Over the years, Griswold became ‘‘very slightly less afraid’’ of Chafee, but still never DR. JOHN O. LUSINS OF ONEONTA, cerning palate, this afficionado is not called him by his first name, always ‘‘Sen- NY only a member of the prestigious New ator.’’ Frankly, he says, he resented staffers York Commandeire de Bordeaux but who did otherwise, because it presumed an ∑ Mr. MOYNIHAN. Mr. President, a has proficiently ascended the ranks of equality that could never exist. (Chafee, for milestone will occur on Wednesday, the Confre´rie des Chevaliers du his part, never complained about it, Griswold December 15th, while the Senate is in Tastevin to become their distinguished says.) recess, which I do not want to go De´le´gue´ Ge´ne´ral of the Northeast. ‘‘This is the biggest person that has served unacknowledged. Dr. John O. Lusins of this state in this century,’’ he said, ‘‘in Dedicated to these roles, Dr. Lusins Oneonta, New York will celebrate his educates family, colleagues, and all terms of length of tenure, in terms of types sixtieth birthday. In his five decades, of jobs he’s done, in terms of the barriers constituents about the intricacies and he’s broken politically and in terms of just this New Yorker has grown from a appreciation of wine. This significant his statesmanship.’’ childhood war refugee into a beloved task should not be taken lightly, as When it’s pointed out that Griswold has husband, devoted physician, respected our Founding Framer and President given his entire adult life to serving Chafee, oenophile, and caring father of five Thomas Jefferson once noted: he says that in fact, it’s Chafee who has children. Suffice to say, Dr. Lusins has given him something. ‘‘He’s given me oppor- By making this wine vine known to the accomplished the American dream. I public, I have rendered my country as great tunities at every turn which I could not have wish him hearty congratulations on expected I was ready for.’’ a service as if I had enabled it to pay back In recent years, Chafee has reminded Gris- this achievement. the national debt. . . Its extended use will wold to ‘‘smell the roses’’ and indeed, Gris- Named after his physician father, carry health and comfort to a much enlarged wold has eased up a bit on work. ‘‘Iron- John O. Lusins was born December circle. ically,’’ he says, ‘‘it is he that I wanted to be 15th, 1939 in the Baltic country of Lat- With the gathering of all his friends smelling roses.’’ via. At age twelve, John and his moth- and family, I wish Dr. Lusins a splen- Griswold had known that the senator was er, Elza, immigrated to the United did sixtieth birthday and continued ailing, and that the job was requiring more States after being displaced for several of a struggle. But he was active to the end. success in all his endeavors.∑ ‘‘He had made a wonderful speech, just years as a result of World War II. Seek- f three or four days before his death, at the ing a better life after witnessing the National Cathedral to a hugh gathering of atrocities in Europe, the two lived NATIONAL TRADE EDUCATION the National Trust for Historic Preserva- briefly in Greensboro, North Carolina DAY tion.’’ before settling in Yonkers, New York. ∑ Mr. MCCAIN. Mr. President, today Chafee had worked hard on the speech, and John entered the Andrus Home for has been designated National Trade it won him a standing ovation from the Children at age fifteen, and proved Education Day. We should use this op- crowd of 2,000 people. ‘‘He felt pumped up and he knew he’d done a good job.’’ himself to be an anomaly among his portunity to demonstrate how the Then, last weekend, Chafee called Griswold peers by graduating from Charles E. United States’ belief in free trade and to say he wasn’t feeling well, and needed to GORTON High School in 1958. With con- open markets have fostered American

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.237 pfrm02 PsN: S10PT2 S14582 CONGRESSIONAL RECORD — SENATE November 10, 1999 prosperity. This issue is especially pressure as possible to bring these from South Dakota who recently com- timely, because the United States will countries into compliance. The upcom- pleted a very successful two-year term be hosting a Ministerial meeting of the ing Seattle negotiations offer us a as Chairman of The Retired Enlisted World Trade Organization (WTO) in Se- great opportunity to use the WTO to Association TREA Senior Citizens attle later on this month. Public sup- reduce more foreign barriers to Amer- League TSCL Board of Trustees. Dur- port of these WTO negotiations is nec- ican goods, agricultural products, and ing his chairmanship, TSCL expanded essary to ensure continued economic services. We should also ensure the its efforts to defend and protect the growth in the 21st Century. growth of our high technology exports earned retirement benefits of older The United States’ economy is cur- by making permanent the inter- Americans. Through his leadership, rently in a period of historic economic national moratorium on customs du- TSCL was successful in expanding its growth, low inflation, and low unem- ties relating to electronic commerce. legislative lobbying goals and objec- ployment. America’s open market It is also important that we realize tives and, as a result, increased the plays a vital role in this achievement. that international trade meets many of League’s membership from 600,000 to Growth in the volume of American ex- our national security interests. As over 1.5 million members and supports in goods and services accounted countries trade with the United States porters in just two years. for more than 40% of overall U.S. eco- and each other, they learn the benefits nomic growth in 1997. Today, exports of peace and stability to economic Dave was born on November 11, 1938 represent 12% of the U.S. Gross Domes- growth. These countries see the bene- in Wolsey, SD. He graduated from Wol- tic Product. Export sales are now re- fits of pursuing policies that support sey High School in May 1956, and in the sponsible for over 41% of the produc- stability, which is a major American following month, enlisted in the United tion of American semiconductors, 42% national security objective. States Air Force (USAF) and headed of aircraft, 43% of computers, and 68% Last week, the Senate sent a strong for Parks Air Force Base, California, of power turbines. Recent stories about message that the United States is com- for Basic Training. During his military the trade deficit also show promise. mitted to the principles of free trade career, Dave was stationed in Colorado, The resurgence of the economies of our by passing major trade legislation. Texas, Florida, California, and Ells- Asian, Latin American, and European However, the President and Congress worth AFB, South Dakota. His mili- trading partners created an increase in must work together to pass another tary career also took him to many American exports of $2.9 billion total- major piece of trade legislation to en- overseas locations including Japan, ing $82 billion in August. The trade def- sure American prosperity in the 21st Guam, and Thailand. During a nine- icit dropped $800 million last month to Century. It is imperative that the month period of Temporary Duty to $24.1 billion. President make a serious effort to Andersen Air Force Base on the island The recent economic news gives cre- work with the Congress to pass ‘‘fast of Guam, he served in support of the dence to the saying that ‘‘A rising tide track’’ legislation. As the next round ARC Light Missions over the Republic lifts all boats.’’ American exports help of the WTO negotiations develop, it is of Vietnam and in 1968, flew 10 combat everyone from corporate CEOs to the important that American negotiators missions over Vietnam as a Bomb/Navi- average American worker. In 1997, over have the leverage to secure our trade gation Systems Technician. His service 11,500,000 jobs depended on American policy objectives. In addition, ‘‘fast gave him the opportunity to earn the exports. In addition, export-supported track’’ authority lets our trading part- Bronze Star Medal, Air Force Com- jobs pay 13% more than the average do- ners know that any agreement they ne- mendation Medal with one oak leaf mestic wage. High technology industry gotiate with the United States will not cluster, and numerous other awards jobs that are directly supported by ex- be subject to exemptions and gross re- and decorations. ports have averaged hourly earnings writings by the special interests in 34% higher than the national average. Washington. When the negotiations With his military career behind him, The continued bipartisan free trade concerning the WTO, the Free Trade Dave worked for the Douglas School policy has benefitted the American Area of the Americas, and other ongo- System for over 14 years and subse- people. ing trade talks come to fruition, the quently retired from service to the It is important that the United President will need to have ‘‘fast State of South Dakota. During this pe- States remain a leader in promoting track’’ authority to ensure that the riod, he also served a two-year term as policies of open markets worldwide. agreements are implemented. My hope City Councilman for the City of Box While our trade deficit has stabilized, is that we can pass ‘‘fast track’’ legis- Elder, South Dakota, and currently we should remove remaining foreign lation soon in order to establish the serves as Trustee for the Zion Lu- barriers to American goods to reduce framework for another century of theran Church in Rapid City, South this deficit. American farmers, manu- American economic growth. Dakota. facturers and workers are hurt, when In conclusion, I hope that we can use What is truly remarkable about Dave foreign countries use high tariffs, National Trade Education Day to gain Jungemann is that in addition to all quotas, and questionable legal and public support for the continued pur- the accomplishments I just mentioned, safety procedures to lock American suit of policies based on the principles he still made time to contribute to the goods out of their markets. The Presi- of free trade. Bipartisan American success of TREA and the TREA Senior dent should make it a top priority to trade policies, based on the belief in Citizens League. For instance, he remove these barriers, and the Con- open markets free of regulations and served on the TREA Chapter 29 Board gress must give him the authority to tariffs, have played a major role in of Directors for 9 years and the TSCL achieve this objective. causing the current American pros- Board of Trustees for 4 years, during The World Trade Organization (WTO) perity. The United States should con- which time he completed a two-year can play an important role in pursuing tinue to pursue free trade policies that term as Chairman. Even today, Dave American trade objectives. All mem- will remove barriers to American ex- still participates in numerous parades bers of the WTO have to make commit- ports. I urge my colleagues to establish and ceremonies to honor the veterans ments to reduce barriers to goods and the foundation for future prosperity by of the United States of America. services, and protect intellectual prop- passing ‘‘fast-track’’ legislation during erty rights. The WTO has an estab- this Congress.∑ Today I rise in recognition of a great lished procedure to ensure that coun- f American, a solid citizen of South Da- tries meet their obligations. The kota and a man who is a symbol of United States should ensure that our TRIBUTE TO DAVID A. service to God, Country, State, vet- trading partners meet their commit- JUNGEMANN erans and older Americans. Congratu- ments. When our trading partners do ∑ Mr. JOHNSON. Mr. President, I rise lations on your accomplishments, not meet their obligations, such as the today to recognize and pay tribute to Dave, and I wish you a Happy Birthday European Union has done concerning David A. Jungemann, a U.S. Air Force this coming Veterans’ Day, a fitting American agricultural goods, then we retiree with over 22 years of active time to celebrate the life of a distin- should use the WTO to apply as much military service and a great citizen guished American veteran.∑

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.125 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14583 HONORING THE 10-YEAR ANNIVER- about MRF’s future successes in the Other nominees for the 1999 Pinnacle SARY OF THE MOTORCYCLE RID- months and years to come.∑ Award include: Bethlehem Boar’s Head ERS FOUNDATION f Christmas Festival, Howard and Bonnie Ebenhoeh, Cindy Hartung, ∑ Mr. CAMPBELL. Mr. President, SAGINAW COUNTY CONVENTION today I would like to take this oppor- Terry Jankowski, ‘‘Dixie’’ Dave Minar, AND VISITOR’S BUREAU PIN- St. Charles Haunted House Associa- tunity to recognize a not-for-profit or- NACLE AWARD ganization which has been on the nation, and Tom Trombley. tional forefront of motorcyclists’ ∑ Mr. ABRAHAM. Mr. President, I rise I join the Saginaw County Conven- rights. The Motorcycle Riders Founda- today to mark the third year that the tion and Visitors Bureau as they honor tion here in Washington, D.C. is a na- Saginaw County Convention & Visi- and salute the above individuals and organizations with the 1999 Pinnacle tion-wide grassroots activist group tor’s Bureau has recognized an organi- Award. Through their hard work and that is completing its tenth year rep- zation, person or event with its Pin- diligent efforts, the economy and qual- resenting motorcycling rights. As the nacle Award. Nominees for the Pin- ity of life in Saginaw County is greatly year draws to an end and we look for- nacle Award are chosen by the staff of enhanced. ward to a new century, we should be the Saginaw County CVB, county-wide ∑ proud of an organization such as MRF chambers of commerce, or from the f which embodies our forefathers’ com- county hospitality industry and are BOISE MODEL PROGRAM NAMED mitment to the Constitution and the given based on the following criteria: 1999 PRESIDENT’S SERVICE values of freedom and the self- deter- Someone who has brought a conven- AWARD HONOREE mination of a citizen government. tion or conference(s) to Saginaw Coun- ty that has significant fiscal impact on ∑ Mr. CRAIG. Mr. President, every In the mid-1980’s the leadership of the year the President’s Service Award various state motorcyclist associa- the county. Someone or something that has gar- honors volunteers for their efforts di- tions, which had been around since the rected at solving critical social prob- early 1970’s, began to be concerned nered strong and positive press for the county and its various communities. lems facing today’s communities. This about the possibility of and need for year, Hewlett Packard’s Hispanic Stu- becoming involved with federal legisla- An activity or event that significantly improved or contributed to the dent Outreach program, based in Boise, tion that had an impact on motorcy- ID, has been named one of 21 honorees. clists. In 1985, these leaders began quality of life in the county, or has had a significant economic impact. This unparalleled distinction is the hosting a national conference, the highest honor given annually by the Meeting Of The Minds, to educate mo- A person who has initiated a program or event that has a positive impact on President of the United States for vol- torcyclists on how to be more effective unteerism. The award is sponsored by more than just their own business or in their state legislatures. the Points of Light Foundation and the In September of this year the MRF interests. Corporation for National Service. A person who has assisted the Sagi- hosted the Fifteenth Annual Meeting As a 1999 honoree, program represent- naw County Convention and Visitors Of The Minds in Denver, Colorado. In atives traveled to Washington, DC, to 1986, the idea of establishing a national Bureau ‘‘above and beyond’’ the call of participate in awards festivities Octo- association and opening an office in duty for the greater good of the Coun- ber 13–15. This trip included a Capitol Washington, DC, was conceived. In ty. Hill Reception, an awards dinner and 1987, the Motorcycle Rights Fund A person who or an organization that the participation in 1999 President’s (MRF) was incorporated as a 501 (4) has preserved or revitalized historical Service Awards Ceremony. not-for-profit association and fund aspects of the County. In 1995, Hewlett Packard employees raising began. In 1988, the name of the A person who or organization that in Boise, ID, started the Hispanic Stu- association was changed to the Motor- has created or supported an event that dent Outreach Program (HSOP) be- cycle Riders Foundation, and with less showcases favorable aspects of the cause they were concerned about the than $30,000 in the bank, the MRF hired County, or which brings new tourism alarming 60 to 70 percent high school its first employee and opened its Wash- to the area. dropout rate among Hispanic youths. ington, D.C. headquarters on November The winners of the 1999 Pinnacle Based on the adopt-a-school concept, 8, 1988. Award are: the program matches Hewlett Packard Since its inception the MRF has had Tony D’Anna, who has taken the lead employees with teachers and students two primary goals. One has been its on creating the Frankenmuth Oldies at a local middle school. The volun- educational program, which sponsors Fest and annual classic car show teers act as role models, motivating national and regional conferences (Autofest). and encouraging the students to stay every year, with the purpose of train- Bishop Ed Leidel of the Episcopal Di- in school. The HSOP is the only pro- ing and educating leaders of state mo- ocese of Eastern Michigan for bringing gram of its kind in Idaho. Through this torcyclist associations. The MRF’s sec- many conventions and meetings to program more than 250 Hewlett Pack- ond, and primary program, is its gov- Saginaw County. ard volunteers have touched the lives ernment relations activity. The MRF Frankenmuth Oktoberfest which has of nearly 1,600 Hispanic students. was recently recognized by the Amer- grown over the past 10 years to become The program includes many activi- ican Society of Association Executives one of Michigan’s great ethnic fes- ties, one of which is Career Day. These with its Award of Excellence, for the tivals. educational field trips for 7th and 8th overall federal legislative program. P.R.I.D.E. (Positive Results In a grade students include the students to The awards committee recognized the Downtown Environment). Since 1975, Hewlett Packard offices for hands-on commitment of the MRF and its on- P.RI.D.E. has operated as a volunteer science experiments, job shadowing going efforts for the past ten years. association with goals that include the and computer lab sessions, local In 1996 MRF’s federal legislative pro- organization of events that encourage science center trips, and university gram was also the recipient of ASAE’s people to come to the city as well as campus talks and tours. The college Excellence in Government Relations the improvement of the downtown campus trips have proven especially Award for a Single Issue. In its ten- area. significant by allowing the Hispanic year presence in the Nation’s Capital, Sarah Schultz, owner of Sarah’s middle school students to interact with MRF has had a number of legislative Attic in Chesaning, whose newly Hispanic college students. Another ef- accomplishments in diverse areas rang- formed educational pilot program fective program is the after school ing from highway safety, personal lib- teaches children the importance of math tutoring program which pays erty, law enforcement and discrimina- love, respect, and dignity through dif- local college students to tutor younger tion issues; technology development ferent ethnic dolls. students. Professionals are also policies, highway access, and state to Rev. P. David Saunders, of the Bethal brought into the schools monthly to federal relationships. AME Church, for his outstanding suc- talk about career opportunities and the As we recognize MRF’s 10-Year Anni- cess in bringing many meetings and importance of math, science and writ- versary, I look forward to hearing conventions to the county. ing skills beyond middle school.

VerDate 29-OCT-99 01:15 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.124 pfrm02 PsN: S10PT2 S14584 CONGRESSIONAL RECORD — SENATE November 10, 1999 Elena Tsuxton, the founder and clear in all of our interests to ensure agree with the positions that Senator Chairperson for the HSOP, commented the appropriate treatments are consid- Chafee took, but Jimmie always did an that the ‘‘program is absolutely ered. We should trust our physicians, excellent job in representing his boss’s thrilled to be receiving the President’s but with the rapid advancements made interests. I am not sure what position Service Award.’’ She saw it as a ‘‘vali- in health care every day it is reason- Jimmie Powell will take next, but I am dation of our efforts that we are defi- able for us to have a team of experts confident that he will approach any nitely meeting a critical need in our review all the latest treatments, de- new challenge with the same integrity community and state. If we can help vices and pharmaceuticals. Clearly, and honor he exhibited as a Senate one more Hispanic student to finish this is an area where health plans are, staffer.∑ school and go out to college, we will and should be assisting physicians and f have met the HSOP program vision.’’ ensuring quality health services are of- The President’s Service Awards were fered appropriately in their facilities. PUBLIC SERVICE OF JIMMIE created as the President’s Volunteer By changing their review process, POWELL Action Award in 1982 to honor out- United Healthcare will reduce its med- ∑ Mr. WARNER. Mr. President, today standing individuals and organizations ical monitoring staff by 20 percent and I pay tribute to a member of our Sen- engaged in volunteer service directed re-focus the remaining staff on Care ate family who has dedicated himself at solving critical social problems Coordination efforts. for many years to serving the Senate while calling public attention to the This saves money for the plan which and the Committee on Environment contributions made by the nation’s 93 in turn saves money for consumers and Public Works—Jimmie Powell. million volunteers. In 1999, more than through lower premiums. I believe it is I know that our distinguished former 3,500 nominations were submitted and a significant step in the right direc- chairman, Senator Chafee, would not reviewed in four activity areas: human tion, proving once again, that market have let pass the opportunity for the needs, environmental needs, edu- forces and demands are productive and Senate to recognize Jimmie Powell’s cational improvement, and public safe- responsive. Government solutions usu- years of service to the Committee and ty. A select panel of distinguished ally distort market forces and end up his contributions to the protection of Americans judged the nominations with poorer services at higher costs. our environment. I should like to be clear about my based on achievement, meeting com- Now, as he prepares to open a new support for the Patient’s Bill of Rights munity needs innovation and mobi- chapter in his professional career and Plus legislation I cosponsored and lizing others to serve. leave the Senate after some twenty voted for—it is still needed because it Mr. President, I congratulate this years of service, I want to extend my addresses other important issues. What Idaho volunteer program for receiving appreciation and thanks to Jimmie on this change of practice announced by this well deserved honor and thank behalf of myself and the other Repub- United Health does signal is the poten- them for their service to Idaho and its lican members of the Committee— tial for us to reach a reasonable con- youth. Chairman SMITH, and Senators INHOFE, ∑ clusion to negotiations underway be- f THOMAS, BOND, VOINOVICH, CRAPO, BEN- tween the House-passed Patient’s Bill NETT, and HUTCHISON. The hallmark of UNITED HEALTHCARE of Rights and the Senate-passed Pa- his career has been his command of the ∑ Mr. GRAMS. Mr. President, I rise to tient’s Bill of Rights Plus, particularly issues, hard work and dedication to express my support and appreciation on the contentious issue of health plan protecting public health and our envi- regarding actions taken at United liability. ronment. Mr. President, it is hard to overstate Healthcare that clearly demonstrate to As the staff director for the chairman the importance of this announcement me that proposed congressional action and the Republican members of the from United Healthcare and I felt it in the area referred to as ‘‘patient’s committee, I know that Senator Chafee was imperative someone in Congress rights’’ can be best handled by the respected Jimmie and was grateful for acknowledged private market forces marketplace. his counsel and the service he provided. for positive change far outweigh a gov- Yesterday, United Healthcare an- To staff, and to some members, Jimmie ernment imposed remedy.∑ nounced they will be changing the way was an adversary, as well as a they manage care in their health plans f motivator and educator. by giving physicians the final say in TRIBUTE TO SENATOR JOHN He began his Senate career with determining what course of treatment CHAFEE’S STAFF former Senator David Durenberger in their patients will receive. In citing ∑ Mr. INHOFE. Mr. President, with all 1978, serving as his staff director of the the reasons for the change of policy, of the tributes to Senator John Chafee Government Affairs Subcommittee on United noted the savings resulting over the last few weeks I think it is im- Intergovernmental Relations and later from their $100 million review process portant that we do not forget his tal- as legislative director. In 1985, Jimmie do not justify continuing it. ented and dedicated staff. In particular began his long service as a professional United Healthcare is the second-larg- I would like to thank his staff on the staff member and staff director for the est health insurer in the nation and I Environment and Public Works Com- Committee on Environment and Public believe their actions signal an indus- mittee. He assembled a very profes- Works. While his service primarily fo- trywide realization that their review sional team, well respected not only on cused on legislative priorities for Sen- process may be saving them less than both sides of the aisle but also within ator Durenberger, Chairman Stafford they thought. the larger environmental professional and Chairman Chafee, he worked tire- According to United Healthcare, 99 community. lessly for all Republican members of percent of their claims are approved I call special attention to Senator the Committee. despite an exhaustive review process. Chafee’s staff director, Jimmie Powell. When one examines the environ- While this raises the question of ex- Jimmie has served Congress over the mental laws enacted in the past 20 actly why the federal government last 20 years in various positions, and years, those of us on the committee needs to disrupt the entire health sys- has worked on every major environ- know of Jimmie’s leadership and ac- tem by getting involved with one per- mental statute over the last 20 years. complishments. This lengthy list in- cent of health care claims, it also dem- Earlier this year, the National Journal cludes the Leaking Underground Stor- onstrates our current private-sector called him a ‘‘low key aide whose polit- age Tank program as part of the Haz- health care providers must respond to ical insights and institutional memory ardous and Solid Waste Amendments of consumer concerns or lose their cus- are sought out by industry lobbyists.’’ 1984, Superfund, the 1987 Clean Water tomers to health providers that do. This is an understatement. There is no Act with groundwater protections and Of course, United Healthcare will Senate staffer, or House staffer, with nonpoint source programs, the 1986 and still have some review process and re- more environmental experience and po- the 1996 Safe Drinking Water Act, the quire physicians to notify them when a litical know-how than Jimmie Powell. 1990 Clean Air Act amendments, par- patient needs an expensive procedure I believe that Jimmie served his boss, ticularly provisions on air toxics and or requires hospitalization. This is Chairman Chafee well. I did not always alternative fuels, the 1991 Intermodal

VerDate 29-OCT-99 01:27 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.240 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14585 Surface Transportation Efficiency Act (2) by adding at the end of subsection (e) EXECUTIVE CALENDAR and the 1998 Transportation Equity Act the following: for the 21st century. ‘‘(4) An air carrier operating Stage 2 air- In every legislative challenge that craft under this subsection may transport EXECUTIVE SESSION came before the committee, Jimmie ef- Stage 2 aircraft to or from the 48 contiguous States on a non-revenue basis in order—— Mr. GRASSLEY. Mr. President, I ask fectively worked to forge consensus, to ‘‘(A) to perform maintenance (including unanimous consent that the Senate find common ground, to develop solu- major alterations) or preventative mainte- proceed immediately to the executive tions that represented the views of the nance on aircraft operated, or to be operated, session to consider the following nomi- members of the committee. While we within the limitations of paragraph (2)(B); or nations on the Executive Calendar: No. may not have agreed on every issue, he ‘‘(B) conduct operations within the limita- 401, and nominations on the Sec- is a person of great integrity. He effec- tions of paragraph (2)(B).’’; and retary’s desk in the Army, Marine tively executed the views of the Sen- (3) adding at the end thereof the following: Corps, and Navy. ‘‘(f) AIRCRAFT MODIFICATIONS, DISPOSAL, ators he served. A Senator could ask I finally ask unanimous consent that for no more. He was tough, but fair. SCHEDULED HEAVY MAINTENANCE, OR LEAS- ING.— the nominations be confirmed, the mo- All of us owe Jimmie Powell a debt of ‘‘(1) IN GENERAL.—The Secretary shall per- tion to reconsider be laid upon the gratitude for the many years he has mit a person to operate after December 31, table, any statements relating to the served the Senate and this country. We 1999, a Stage 2 aircraft in nonrevenue service nominations be printed in the RECORD, wish him every success and thank him through the airspace of the United States or that the President be immediately no- for a job well done.∑ to or from an airport in the contiguous 48 tified of the Senate’s action, and the f States in order to— Senate then return to legislative ses- ‘‘(A) sell, lease, or use the aircraft outside sion. FAA AUTHORIZATION EXTENSION the contiguous 48 States; ACT ‘‘(B) scrap the aircraft; The PRESIDING OFFICER. Without ‘‘(C) obtain modifications to the aircraft to objection, it is so ordered. Mr. GRASSLEY. Mr. President, I ask The nominations considered and con- unanimous consent that the Senate meet Stage 3 noise levels; ‘‘(D) perform scheduled heavy maintenance firmed are as follows: now proceed to the immediate consid- or significant modifications on the aircraft eration of S. 1916 introduced earlier by IN THE NAVY at a maintenance facility located in the con- The following named officer for appoint- Senator MCCAIN. tiguous 48 States; The PRESIDING OFFICER. The ment in the United States Navy to the grade ‘‘(E) deliver the aircraft to an operator indicated under title 10, U.S.C., section 624: clerk will report the bill by title. leasing the aircraft from the owner or return The legislative clerk read as follows: the aircraft to the lessor; To be rear admiral A bill (S. 1916) to extend certain expiring ‘‘(F) prepare or park or store the aircraft Rear Adm. (lh) Kevin P. Green, 6805 Federal Aviation Administration authoriza- in anticipation of any of the activities de- NOMINATIONS PLACED ON THE SECRETARY’S tions for a 6-month period, and for other pur- scribed in subparagraphs (A) through (E); or DESK poses. ‘‘(G) divert the aircraft to an alternative IN THE ARMY airport in the contiguous 48 States on ac- Mr. LEAHY. Reserving the right to Army nominations beginning Alan G. count of weather, mechanical, fuel, air traf- Lackey, and ending Rita A. Price, which object, I do not intend to. Is this the fic control, or other safety reasons while nominations were received by the Senate and FAA extension? conducting a flight in order to perform any appeared in the Congressional Record of No- Mr. GRASSLEY. It is a 6-month ex- of the activities described in subparagraphs vember 3, 1999. tension. (A) through (F). Marine Corps nomination of Karl G. Mr. LEAHY. I have no objection. ‘‘(2) PROCEDURES TO BE PUBLISHED.—The Hartenstine, which was received by the Sen- Secretary shall establish and publish, not There being no objection, the Senate ate and appeared in the Congressional later than 30 days after the date of enact- proceeded to consider the bill. Record of November 3, 1999. ment of the FAA Authorized Extension Act, Mr. GRASSLEY. Mr. President, I ask Navy nominations beginning Lynne M. a procedure to implement paragraph (1) of unanimous consent that the bill be Hicks, and ending William D. Watson, which this subsection through the use of categor- read for a third time, passed, the mo- nominations were received by the Senate and ical waivers, ferry permits, or other means.’’. tion to reconsider be laid upon the appeared in the Congressional Record of No- table, and any statements relating to SEC. 4. NOISE STANDARDS FOR EXPERIMENTAL vember 3, 1999. AIRCRAFT. Navy nomination of John R. Daly, Jr., the bill be printed in the RECORD. ‘‘(a) IN GENERAL.—Section 47528(a) of title The PRESIDING OFFICER. Without which was received by the Senate and ap- 49, United States Code, is amended by insert- peared in the Congressional Record of No- objection, it is so ordered. ing ‘‘(for which an airworthiness certificate vember 3, 1999. The bill (S. 1916) was read the third other than an experimental certificate has f time and passed, as follows: been issued by the Administrator)’’ after S. 1916 ‘‘civil subsonic turbojet’’. LEGISLATIVE SESSION ‘‘(b) FAR MODIFIED.—The Federal Aviation Be it enacted by the Senate and House of Rep- Regulations contained in part 14 of the Code The PRESIDING OFFICER. Under resentatives of the United States of America in of Federal Regulations that implement sec- the previous order, the Senate will re- Congress assembled, tion 47528 and related provisions shall be turn to legislative session. SECTION 1. SHORT TITLE. deemed to incorporate the change made by Mr. LEAHY. Mr. President, I suggest This Act may be cited as the ‘‘FAA Au- subsection (a) effective on the date of enact- thorization Extension Act.’’ the absence of a quorum. ment of this Act. The PRESIDING OFFICER. The SEC. 2. EXTENSION OF AIRPORT IMPROVEMENT SEC. 5. EXISTING AND PENDING DETERMINA- PROGRAM, ETC. clerk will call the roll. TIONS NOT AFFECTED. (a) AUTHORIZATION OF APPROPRIATIONS.— The legislative clerk proceeded to The amendments made by section 3 and by Section 48103 of title 49, United States Code, section 4(a), and the provisions of section call the roll. is amended by striking ‘‘$2,410,000,000 for the 4(b), do not interfere with or otherwise mod- Mr. GRASSLEY. Mr. President, I ask fiscal year ending September 30, 1999,’’ and ify any determination— unanimous consent that the order for inserting ‘‘$1,237,500,000 for the 6-month pe- (1) made by the Federal Aviation Adminis- the quorum call be rescinded. riod ending March 21, 2000.’’. tration under part 161 of title 14 of the Code The PRESIDING OFFICER. Without (b) OBLIGATIONAL AUTHORITY.—Section of Federal Regulations before November 2, 47104(c) of such title is amended by striking objection, it is so ordered. 1999; or ‘‘September 30, 1999,’’ and inserting ‘‘March f 31, 2000,’’. (2) pursuant to an application that was pending before the Federal Aviation Admin- EXECUTIVE SESSION SEC. 3. EXEMPTION FOR AIRCRAFT MODIFICA- istration for a determination under that part TION OR DISPOSAL, SCHEDULED HEAVY MAINTENANCE, OR LEASING on November 1, 1999. RELATED FLIGHTS. SEC. 6. EXTENSION OF WAR RISK INSURANCE EXECUTIVE CALENDAR Section 47528 of title 49, United States PROGRAM. Code, is amended—— Section 44310 of title 49, United States Mr. GRASSLEY. Mr. President, I ask (1) by striking ‘‘subsection (b)’’ in sub- Code, is amended by striking ‘‘after’’ and all unanimous consent that the Senate im- section (a) and inserting ‘‘subsection (b) or that follows and inserting ‘‘after March 31, mediately proceed to executive session (f)’’; 2000.’’. to consider the following nominations

VerDate 29-OCT-99 01:27 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.243 pfrm02 PsN: S10PT2 S14586 CONGRESSIONAL RECORD — SENATE November 10, 1999 on today’s Executive Calendar: Nos. 59, port-Import Bank of the United States for a Commission for a term expiring October 31, 98, 99, 133, 203, 204, 244, 245, 246, 253, 254, term expiring January 20, 2003. 2003. 255, 256, 270, 275, 276, 277, 278, 279, 238, MISSISSIPPI RIVER COMMISSION DEPARTMENT OF JUSTICE 239, 281 through 290, 293, 321, 322 Major General Phillip R. Anderson, United Paul L. Seave, of California, to be United through 325, 328, 330, 335 through 342, States Army, to be a Member and President States Attorney for the eastern District of 344 through 365, 367 through 376, 378, of the Mississippi River Commission. California for a term of four years. Sam Epstein Angel, of Arkansas, to be a 379, 380, 381, 382, 393, 395, 396, 397, 398, John W. Marshall, of Virginia, to be Direc- Member of the Mississippi River Commission tor of the United States Marshals Service. 402, 403, and all nominations on the for a term of nine years. Kathryn M. Turman, of Virginia, to be Di- Secretary’s desk in the Foreign Serv- Brigadier General Robert H. Griffin, rector of the Office for Victims of Crime. ice. United States Army, to be a Member of the Melvin W. Kahle, of West Virginia, to be In addition, I ask unanimous consent Mississippi River Commission. United States Attorney for the Northern Dis- the nomination of Paul Fiddick be dis- FEDERAL TRADE COMMISSION trict of West Virginia for a term of four charged from the Agriculture Com- Thomas B. Leary, of the District of Colum- years. mittee and that the Senate proceed to bia, to be a Federal Trade Commissioner for DEPARTMENT OF COMMERCE that nomination, en bloc. the term of seven years from September 26, Q. Todd Dickinson, of Pennsylvania, to be I further ask unanimous consent the 1998. Commissioner of Patents and Trademarks. nominations be confirmed, the motion DEPARTEMENT OF TRANSPORTATION Anne H. Chasser, of Ohio, to be an Assist- to reconsider be laid upon the table, Stephen D. Van Beek, of the District of Co- ant Commissioner of Patents and Trade- the President be immediately notified lumbia, to be Associate Deputy Secretary of marks. of the Senate’s action, and the Senate Transportation. FEDERAL MEDIATION AND CONCILIATION then return to legislative session. Michael J. Frazier, of Maryland, to be an DIRECTOR Assistant Secretary of Transportation. The PRESIDING OFFICER. Is there Charles Richard Barnes, of Georgia, to be an objection? DEPARTMENT OF COMMERCE Federal Mediation and Conciliation Director. Mr. TORRICELLI. Reserving the Gregory Rohde, of North Dakota, to be As- DEPARTMENT OF EDUCATION right to object, Mr. President, included sistant Secretary of Commerce for Commu- A. Lee Fritschler, of Pennsylvania, to be nications and Information. in these nominations is the United Assistant Secretary for Postsecondary Edu- States attorney for New Jersey, Faith THE JUDICIARY cation, Department of Education. Hochberg, of the Federal district court, Florence-Marie Cooper, of California, to be NATIONAL FOUNDATION ON THE ARTS AND THE United States District Judge for the Central HUMANITIES who has been nominated by the Presi- District of California. Linda Lee Aaker, of Texas, to be a Member dent. Mrs. Hochberg’s quest for the William Joseph Haynes, Jr., of Tennessee, of the National Council on the Humanities Federal district court began with my to be United States District Judge for the for a term expiring January 26, 2004. predecessor, Senator Bradley, who Middle District of Tennessee. Edward L. Ayers, of Virginia, to be a Mem- Ronald A. Guzman, of Illinois, to be United nominated her. I, indeed, succeeded in ber of the National Council on the Human- States District Judge for the Northern Dis- that quest and am very pleased tonight ities for a term expiring January 26, 2004. trict of Illinois. she will be confirmed to the Federal Pedro G. Castillo, of California, to be a district court. CHEMICAL SAFETY AND HAZARD INVESTIGATION Member of the National Council on the Hu- I thank Senator LEAHY for his efforts BOARD manities for a term expiring January 26, in the course of the last week to bring Gerald V. Poje, of Virginia, to be a Member 2004. the nomination forward and, of course, of the Chemical Safety and Hazard Investiga- Peggy Whitman Prenshaw, of Louisiana, to tion Board for a term of five years. be a Member of the National Council on the Senator GRASSLEY for his efforts to- TENNESSEE VALLEY AUTHORITY Humanities for a term expiring January 26, night. She succeeded in having been an 2002. extraordinarily successful United Skila Harris, of Kentucky, to be a Member of the Board of Directors of the Tennessee Theodore William Striggles, of New York, States attorney. We are very grateful Valley Authority for a term expiring May 18, to be a Member of the National Council on for her service that now comes to an 2008. the Humanities for a term expiring January end and wish her well in the Federal Glenn L. McCullough, Jr., of Mississippi, to 26, 2004. district court. be a Member of the Board of Directors of the Ira Berlin of the District of Columbia, to I have no objection. Tennessee Valley Authority for the remain- be a Member of the National Council on the The PRESIDING OFFICER. The ob- der of the term expiring May 18, 2005. Humanities for a term expiring January 26, 2004. jection is withdrawn. UNITED STATES SENTENCING COMMISSION Evelyn Edson, of Virginia, to be a Member Without objection, it is so ordered. Michael O’Neill, of Maryland, to be a Mem- of the National Council on the Humanities The nominations considered and con- ber of the United States Sentencing Commis- for a term expiring January 26, 2004. firmed en bloc are as follows: sion for a term expiring October 31, 2003. DEPARTMENT OF EDUCATION DEPARTMENT OF LABOR Joe Kendall, of Texas, to be a Member of the United States Sentencing Commission Michael Cohen, of Maryland, to be Assist- Kenneth M. Bresnahan, of Virginia, to be ant Secretary for Elementary and Secondary Chief Financial Officer, Department of for a term expiring October 31, 2001. John R. Steer, of Virginia, to be a Member Education, Department of Education. Labor. of the United States Sentencing Commission POSTAL SERVICE DEPARTMENT OF COMMERCE for the remainder of the term expiring Octo- John F. Walsh, of Connecticut, to be a Cheryl Shavers, of California, to be Under ber 31, 1999. Governor of the United States Postal Service Secretary of Commerce for Technology. John R. Steer, of Virginia, to be a Member for a term expiring December 8, 2006. Kelly H. Carnes, of the District of Colum- of the United States Sentencing Commission LeGree Sylvia Daniels, of Pennsylvania, to bia, to be Assistant Secretary of Commerce for a term expiring October 31, 2005. be a Governor of the United States Postal for Technology Policy. Ruben Castillo, of Illinois, to be a Member Service for a term expiring December 8, 2007. INTER-AMERICAN DEVELOPMENT BANK of the United States Sentencing Commission EXECUTIVE OFFICE OF THE PRESIDENT Lawrence Harrington, of Tennessee, to be for a term expiring October 31, 2003. United States Executive Director of the Diana E. Murphy, of Minnesota, to be a Joshua Gotbaum, of New York, to be Con- Inter-American Development Bank for a Member of the United States Sentencing troller, Office of Federal Financial Manage- term of three years. Commission for the remainder of the term ment, Office of Management and Budget. expiring October 31, 1999. DEPARTMENT OF LABOR SOCIAL SECURITY ADMINISTRATION Diana E. Murphy, of Minnesota, to be a James G. Huse, Jr., of Maryland, to be In- Edward B. Montgomery, of Maryland, to be Member of the United States Sentencing an Assistant Secretary of Labor. spector General, Social Security Commission for a term expiring October 31, Administration. Richard M. McGahey, of the District of Co- 2005. lumbia, to be an Assistant Secretary of Diana E. Murphy, of Minnesota, to be DEPARTMENT OF STATE Labor. Chair of the United States Sentencing Com- David H. Kaeuper, of the District of Colum- EXPORT-IMPORT BANK OF THE UNITED STATES mission. bia, a Career Member of the Senior Foreign Dorian Vanessa Weaver, of Arkansas, to be Sterling R. Johnson, Jr., of New York, to Service, Class of Counselor, to be Ambas- a Member of the Board of Directors of the be a Member of the United States Sentencing sador Extraordinary and Plenipotentiary of Export-Import Bank of the United States for Commission for a term expiring October 31, the United States of America to the Republic a term expiring January 20, 2003. 2001. of Congo. Dan Herman Renberg, of Maryland, to be a William Sessions, III, of Vermont, to be a James B. Cunningham, of Pennsylvania, to Member of the Board of Directors of the Ex- Member of the United States Sentencing be a Representative of the United States of

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.184 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14587 America to the Sessions of the General As- Lawrence H. Summers, of Maryland, to be of America to the Fifty-fourth Session of the sembly of the United Nations during his ten- United States Governor of the International General Assembly of the United Nations. ure of service as Deputy Representative of Monetary Fund for a term of five years; Revius O. Ortique, Jr., of Louisiana, to be the United States of America to the United United States Governor of the International an Alternate Representative of the United Nations. Bank for Reconstruction and Development States of America to the Fifty-fourth Ses- John E. Lang, of Wisconsin, a Career Mem- for a term of five years; United States Gov- sion of the General Assembly of the United ber of the Senior Foreign Service, Class of ernor of the Inter-American Development Nations. Counselor, to be Ambassador Extraordinary Bank for a term of five years; United States FEDERAL MARITIME COMMISSION and Plenipotentiary of the United States of Governor of the African Development Bank Joseph E. Brennan, of Maine, to be a Fed- America to the Republic of Botswana. for a term of five years; United States Gov- eral Maritime Commissioner for the term ex- Delano Eugene Lewis, Sr., of New Mexico, ernor of the Asian Development Bank; piring June 30, 2003. to be Ambassador Extraordinary and Pleni- United States Governor of the African Devel- Antony M. Merck, of South Carolina, to be potentiary of the United States of America opment Fund; United States Governor of the a Federal Maritime Commissioner for the to the Republic of South Africa. European Bank for Reconstruction and De- Avis Thayer Bohlen, of the District of Co- term expiring June 30, 2001. velopment. FOREIGN SERVICE lumbia, a Career Member of the Senior For- James B. Cunningham, of Pennsylvania, a eign Service, Class of Minister-Counselor, to Career Member of the Senior Foreign Serv- Nominations beginning Samuel Anthony be an Assistant Secretary of State (Arms ice, Class of Minister-Counselor, to be Dep- Rubino, and ending Christopher Lee Control). uty Representative of the United States of Stillman, which nominations were received Donald Stuart Hays, of Virginia, a Career America to the United Nations, with the by the Senate and appeared in the Congres- Member of the Senior Foreign Service, Class rank and status of Ambassador Extraor- sional Record of February 23, 1999. of Minister-Counselor, to be Representative dinary and Plenipotentiary. Nominations beginning George Carner, and of the United States of America to the Norman A. Wulf, of Virginia, a Career ending Steven G. Wisecarver, which nomina- United Nations for U.N. Management and Member of the Senior Executive Service, to tions were received by the Senate and ap- Reform, with rank of Ambassador. be a Special Representative of the President, peared in the Congressional Record of Sep- Donald Stuart Hays, of Virginia, to be an with the rank of Ambassador. tember 8, 1999. Alternate Representative of the United Nominations beginning Johnnie Carson, States of America to the Sessions of the AFRICAN DEVELOPMENT BANK and ending Susan H. Swart, which nomina- General Assembly of the United Nations dur- Willene A. Johnson, of New York, to be tions were received by the Senate and ap- ing his tenure of service as Representative of United States Director of the African Devel- peared in the Congressional Record of Sep- the United States of America to the United opment Bank for a term of five years. tember 8, 1999. Nations for UN Management and Reform. DEPARTMENT OF STATE Nominations beginning Rueben Michael Michael Edward Ranneberger, of Virginia, Edward S. Walker, Jr., of Maryland, a Ca- Rafferty, and ending Stephen R. Kelly, which a Career Member of the Senior Foreign Serv- reer Member of the Senior Foreign Service, nominations were received by the Senate and ice, Class of Counselor, to be Ambassador Ex- Class of Career Minister, to be an Assistant appeared in the Congressional Record of Sep- traordinary and Plenipotentiary of the Secretary of State (Near Eastern Affairs). tember 8, 1999. United States of America to the Republic of James D. Bindenagel, of California, a Ca- Nominations beginning C. Miller Crouch, Mali. reer Member of the Senior Foreign Service, and ending Gary B. Pergl, which nomina- Harriet L. Elam, of Massachusetts, a Ca- Class of Minister-Counselor, for the rank of tions were received by the Senate and ap- reer Member of the Senior Foreign Service, Ambassador during tenure of service as Spe- peared in the Congressional Record of Sep- Class of Minister-Counselor, to be Ambas- cial Envoy and Representative of the Sec- tember 9, 1999. sador Extraordinary and Plenipotentiary of retary of State for Holocaust Issues. Nominations beginning Rita D. Jennings, the United States of America to the Republic William B. Bader, of Virginia, to be an As- and ending Carol Lynn Dorsey, which nomi- of Senegal. sistant Secretary of State (Educational and nations were received by the Senate and ap- Gregory Lee Johnson, of Washington, a Ca- Cultural Affairs). peared in the Congressional Record of No- reer Member of the Senior Foreign Service, Peter T. King, of New York, to be a Rep- vember 3, 1999. Class of Minister-Counselor, to be Ambas- resentative of the United States of America DEPARTMENT OF AGRICULTURE sador Extraordinary and Plenipotentiary of to the Fifty-fourth Session of the General the United States of America to the King- Paul W. Fiddick, of Texas, to be an Assist- Assembly of the United Nations. ant Secretary of Agriculture. dom of Swaziland. J. Stapleton Roy, of Pennsylvania, a Ca- Jimmy J. Kolker, of Missouri, a Career reer Member of the Senior Foreign Service Mr. LAUTENBERG. Mr. President, I Member of the Senior Foreign Service, Class with the Personal Rank of Career Ambas- am pleased that the Senate has con- of Counselor, to be Ambassador Extraor- sador, to be an Assistant Secretary of State firmed Faith Hochberg for a seat on dinary and Plenipotentiary of the United (Intelligence and Research). the U.S. District Court for New Jersey. States of America to Burkina Faso. Joseph W. Prueher, of Tennessee, to be THE JUDICIARY I want to thank Senators HATCH and Ambassador Extraordinary and Pleni- Ann Claire Williams, of Illinois, to be LEAHY for moving ahead with this potentiary of the United States of America United States Circuit Judge for the Seventh nomination at a time when New Jer- to the People’s Republic of China. Circuit. sey’s Federal bench is struggling with Mary Carlin Yates, of Washington, a Ca- Virginia A. Phillips, of California, to be heavy caseloads and a shortage of reer Member of the Senior Foreign Service, United States District Judge for the Central District of California. judges. Today’s action will help New Class of Counselor, to be Ambassador Ex- Jersey’s Federal courthouses be more traordinary and Plenipotentiary of the Faith S. Hochberg, of New Jersey, to be United States of America to the Republic of United States District Judge for the District fair and more efficient. Burundi. of New Jersey. Ms. Hochberg has served with dis- Charles Taylor Manatt, of the District of DEPARTMENT OF JUSTICE tinction as the U.S. Attorney for New Columbia, to be Ambassador Extraordinary Daniel J. French, of New York, to be Jersey since 1994 and she couldn’t be and Plenipotentiary of the United States of United States Attorney for the Northern Dis- more qualified for a Federal judgeship. America to the Dominican Republic. trict of New York for the term of four years. President Clinton nominated Ms. Gary L. Ackerman, of New York, to be a Donna A. Bucella, of Florida, to be United Hochberg for the District Court on Representative of the United States of Amer- States Attorney for the Middle District of April 22. As the first female U.S. Attor- ica to Fifty-fourth Session of the General Florida for the term of four years. Assembly of the United Nations. ney in New Jersey’s history, Ms. SOCIAL SECURITY ADMINISTRATION Martin S. Indyk, of the District of Colum- Hochberg spearheaded corruption bia, to be Ambassador Extraordinary and William A. Halter, of Arkansas, to be Dep- probes that led to the conviction of nu- uty Commissioner of Social Security for the Plenipotentiary of the United States of merous Newark officials. America to Israel. term expiring January 19, 2001. (New Posi- tion) She also participated in the prosecu- Anthony Stephen Harrington, of Maryland, tion of Unabomber Theodore Kaczyn- to be Ambassador Extraordinary and Pleni- DEPARTMENT OF THE TREASURY potentiary of the United States of America Gregory A. Baer, of Virginia, to be an As- ski, and she unraveled widespread po- to the Federative Republic of Brazil. sistant Secretary of the Treasury. lice corruption in several North Jersey Craig Gordon Dunkerley, of Massachusetts, INTER-AMERICAN FOUNDATION communities. a Career Member of the Senior Foreign Serv- Kay Kelley Arnold, of Arkansas, to be a Her office also has a record of aggres- ice, Class of Minister-Counselor, for the Member of the Board of Directors of the sively pursuing child pornography Rank of Ambassador during his tenure of Inter-American Foundation for a term expir- cases. From 1994 through 1998, Ms. Service as Special Envoy for Conventional Hochberg’s attorneys handled 67 of Forces in Europe. ing October 6, 2004. Robert J. Einhorn, of the District of Co- DEPARTMENT OF STATE those cases, which was the second- lumbia, to be an Assistant Secretary of Irwin Belk, of North Carolina, to be an Al- highest number among U.S. Attorneys State (Non-proliferation). ternate Representative of the United States offices across the country.

VerDate 29-OCT-99 01:27 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.141 pfrm02 PsN: S10PT2 S14588 CONGRESSIONAL RECORD — SENATE November 10, 1999 Since 1997, Ms. Hochberg has been a were seen and their credentials re- it would likewise take up and consider member of the Attorney General’s Ad- viewed. the nominations of the other nominees visory Committee, which advises At- But I must say I was particularly to her District Court: Judge Virginia torney General Janet Reno on issues pleased to send Dan’s name to the Phillips, Dolly Gee and Frederic affecting the U.S. Attorney’s Office. President. And pleased that the Presi- Woocher. Virginia Phillips was first Ms. Hochberg, in fact, chairs the White dent, after reviewing his record, agreed nominated back in May 1998 and is still Collar Crime Subcommittee and has fo- that he should be nominated. For Dan awaiting a hearing in order to fill a ju- cused the committee’s attention on French was with me for several years dicial emergency vacancy on that cyber-crime issues, which of course as a professional staff member on the Court. The Judiciary Committee re- will be an increasing concern in the Environment and Public Works Com- cently received a letter from Chief next century. mittee, the Committee on Finance and Judge Hatter of that Court in which he This is particularly true in New Jer- on my personal staff. I know him well. implored the Senate to act promptly sey, which has a concentration of high- And I know that he has the kind of in- on the nomination of Judge Virginia tech industries and serves as a com- telligence, learning, judgment and in- Phillips. Judge Hatter notes that the puter nerve center for large New York- tegrity that will make him an out- Eastern Division of the Central Dis- based corporations and the Federal Re- standing U.S. Attorney. trict is one of the fastest growing areas serve Bank of New York. Mr. President, the Northern District in the nation and has only one judge Prior to her service as U.S. Attorney, of New York, in which our family home with a ‘‘staggering caseload.’’ He ex- Ms. Hochberg served as Deputy Assist- at Pindars Corners is located is vast. It plains that the reassignment of cases ant Secretary of the Treasury for law services 3.5 million citizens and encom- to Los Angeles from San Bernadino enforcement as well as Senior Deputy passes 32 of New York’s 62 counties, ‘‘results in a large number of litigants, Chief Counsel for the Treasury’s Office covering 60% of the State’s geo- witnesses, lawyers, and law enforce- of Thrift Supervision. graphical area. By comparison, the dis- ment officers having to travel to Los She also has experience in the pri- trict is larger than the combined land Angeles, some sixty (60) miles away, by vate sector, having worked as a partner areas of Vermont, Massachusetts, Con- way of the most traffic congested roads in the United States.’’ I thank Chief in a prominent New Jersey law firm. necticut and Rhode Island. This large Judge Hatter for his letter and want Ms. Hochberg also has outstanding area with a diverse population is fortu- him to know that I, for one, under- academic credentials. She graduated nate to have a native son, who understand. Those who say there is no judi- magna cum laude in 1975 from Harvard stands its ways, enforcing the laws of cial vacancies problem ought to con- Law School, where she edited the Law the United States. sider Chief Judge Hatter’s perspective Review. In 1972, she graduated summa Years ago, another upstater, Su- and the problems created for thousands cum laude from Tufts University. preme Court Justice Robert H. Jackson of people each year in his District. Mr. President, Ms. Hochberg has also wrote that ‘‘the citizen’s safety lies in The Senate also has before it ready been a pioneer in her efforts to keep the prosecutor who tempers zeal with for a final confirmation vote the nomi- guns out of the hands of criminals. She human kindness, who seeks truth and nations of Judge Richard Paez, Mar- and a former New Jersey Attorney not victims, who serves the law and shal Berzon and Ronald Gould, to the General organized a project that alerts not factional purposes, and who ap- Ninth Circuit. The nomination that law enforcement each time a gun is re- proaches his task with humility.’’ I has been longer before the Senate is covered during a criminal incident. know that Dan French will be guided that of Judge Richard Paez, 44 months. That allows those guns to be traced to by Justice Jackson’s words. The nomination that has been longest their sources. Dan French will be a splendid U.S. on the Senate Executive Calendar is Mr. President, this confirmation Attorney and I congratulate him on his that of Marshal Berzon, whose nomina- could not come at a better time. New confirmation and salute his wife, tele- tion was reported on July 1, before the Jersey’s Federal courthouses are vision broadcaster Kelly French and 4th of July recess, before the extended stressed to the limit and delays are be- their two children Margaret Anne and August recess and before the Columbus coming more and more common. Gavin Mitchell. Day recess. Again, I thank Senator HATCH and Mr. LEAHY. Mr. President, I am The Senate could and should be vot- Senator LEAHY for their efforts to con- pleased that the Senate has voted ing up or down on the Paez and Berzon firm Faith Hochberg. I know she will today on the confirmation of Judge nominations. The Senate needs to ful- be an outstanding judge. Florence-Marie Cooper to be a United fill its duty to each of these out- Mr. MOYNIHAN. Mr. President, the States District Court Judge for the standing nominees and to the tens of Senate has just confirmed Daniel Central District of California. millions of people served by the Ninth French as the new United States Attor- Florence-Marie Cooper is a distin- Circuit. A few anonymous Republican ney for the Northern District of New guished Californian. She has distin- Senators are holding up action on York and may I say I could not be guished herself with a long career of these important nominations. Two more pleased. service in the California state court weeks ago, the Majority Leader came Dan French is a native of the District system. She was a Deputy City Attor- to the floor and said that he would try having been born and brought up in ney for the City of Los Angeles in 1977. to find a way to have these two nomi- Jefferson County, graduated cum laude From 1978 to 1983, she was a Senior Re- nations considered by the Senate. The from the University of the State of search Attorney for the California way is to call them to a fair up-or- New York College at Oswego and is a Court of Appeal Second Appellate Dis- down vote. I want to help the Repub- cum laude graduate of the Syracuse trict. Then, from 1983–1990 she was a lican leader and help the Senate find University Law School where he served Court Commissioner for the Los Ange- its way clear to do that without addi- as an editor of the Law Review. Fol- les Superior Court. From 1990–1991 she tional delay and obstruction. lowing law school Mr. French clerked was a Judge in the Los Angeles Munic- Despite the policy announced at the for Judge Rosemary Pooler. Judge ipal Court. Since 1991 she has been a beginning of this year doing away with Pooler was then a United States Dis- Judge in the Los Angeles Superior ‘‘secret holds,’’ that is what Judge Paez trict Court Judge and not sits on the Court. and Marsha Berzon still confront as Second Circuit Court of Appeals. Mr. Judge Cooper received her under- their nominations continuing to be ob- French then joined the U.S. Attorney’s graduate degree in 1971 from the City structed under a cloak of anonymity office where he served until being College of San Francisco, and her law after 44 months and 20 months, respec- named interim United States Attorney degree from Whittier College School of tively. That is wrong and unfair. This by Attorney General Janet Reno. Law in 1975. Following law school, she continuing delay demeans the Senate, Like all of the District Court and clerked for the Honorable Arthur itself. U.S. Attorney Candidates I have rec- Alarcon on the Los Angeles Superior I have great respect for this institu- ommended to the President, Mr. Court Appellate Department. tion and its traditions. Still, I must French was sent to me by my Screen- The Senate could help Judge Flor- say that this use of secret holds for ex- ing Panel after he and other candidates ence-Marie Cooper’s future workload if tended periods that doom a nomination

VerDate 29-OCT-99 01:27 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\G10NO6.186 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14589 from ever being considered by the RECOGNIZING MEMBERS OF THE during the peak of Kosovo operations, United States Senate is wrong and un- ARMED FORCES AND CIVILIAN 700 U.S. aircraft were deployed, 37,000 fair and beneath us. Who is it that is EMPLOYEES WHO PARTICIPATED overall missions were flown with 25,000 afraid to vote on these nominations? IN KOSOVO AND THE BALKANS of these by U.S. aircraft, and 5,000 mis- Who is it that must hiding their to Mr. GRASSLEY. Mr. President, I ask sions were weapons strike missions. We these nominees? After almost 4 years unanimous consent that the Judiciary all know that this is only a partial pic- with respect to Judge Paez and almost Committee be discharged from further ture of what was occurring on the 2 years with respect to Marsha Berzon, consideration of S. Res. 224 and the ground, on the high seas, and in the it is time for the Senate to vote up-or- Senate proceed to its immediate con- air. These facts fit any definition of down on these nominations. sideration. warfare. The Chief Justice of the United The PRESIDING OFFICER. Without We can not forget these individuals and their families any more than we States Supreme Court wrote in Janu- objection, it is so ordered. ary last year: The clerk will report the resolution can forget those of all of our past wars. Some current nominees have been waiting by title. If freedom is the fruit of victory, Vet- a considerable time for a Senate Judiciary The legislative clerk read as follows: eran’s Day reminds us too of the cost of war—casualties, POWs, and MIAs. Committee vote or a final floor vote. * * * A resolution (S. Res. 224) expressing the The Senate is surely under no obligation to sense of the Senate to designate November They live in our hearts while we live in confirm any particular nominee, but after 11, 1999, as a special day for recognizing the the world they made safe for us. I call the necessary time for inquiry it should vote members of the Armed Forces and the civil- for us all this Veteran’s Day to remem- him up or vote him down. ian employees of the United States who par- ber specially our Kosovo and Balkans At the time the Chief Justice issued ticipated in the recent conflict in Kosovo service members as we remember all this challenge, Judge Paez’ nomination and the Balkans. past veterans. had already been pending for 24 There being no objection, the Senate Every day I wake up, I thank God I months. The Senate received the proceeded to consider the resolution. am here. I am inspired to continue liv- Berzon nomination within days of the Mr. CLELAND. Mr. President, I am ing by the memory of our veteran’s. Chief Justice’s report. That was almost reminded of incredibly sacred places The vigilance of those that went to 2 years ago and still the Senate stalls and moments in our history when I rise Kosovo, like those who still serve in and refuses to vote. Let us follow the to talk about recognition of our vet- the Balkans, those in the desert, those advice of the Chief Justice. Let the Re- erans—past and present—on Veteran’s in ships, and those in Korea and in the publican leadership schedule fair up or Day—recognizing all our veteran’s far corners of the earth, is now my vig- down votes on the nominations of from all our wars. Places like Arling- ilance, their fight is now my fight. I Judge Paez and Marsha Berzon so that ton National Cemetery, Andersonville, ask my colleagues to remember and to the Senate can finally act on them. Let Georgia, the beaches of Normandy, ensure that their sacrifices are not us be fair to all. Pearl Harbor, the Chosin Reservoir, made in vain. The debate on judicial nominations Keshan, the deserts of Kuwait, and now Secretary Cohen recently stated at over the last couple of weeks has fo- the skies over Kosovo, should be indeli- the POW/MIA recognition ceremony at cused the Senate and the public on the bly etched in all our thoughts. Arlington Cemetery—an awesome, unconscionable treatment by the Sen- It is often said ‘‘Poor is the nation somber experience—that ‘‘we are the ate majority of selected nominees. The which has no heroes, but poorer still is heirs of freedom, paid for with the most prominent current examples of the nation which has them but for- blood of patriots.’’ I ask my colleagues that treatment are Judge Paez and gets.’’ We will gather all over this to remember our Kosovo and Balkans Marsha Berzon. With respect to these great nation on Thursday, November patriots in their ceremonies this Vet- nominations, the Senate is refusing to 11, 1999 to remember for the last time eran’s Day. How fortunate we are, how do its constitutional duty and vote. I this century our veterans and to re- much we owe. challenged the Senate last Friday, in state our commitment that they will I will be remembering veterans from the aftermath of the rejection of the never be forgotten. I consider all those Georgia in the Kosovo conflict, espe- nomination of Justice Ronnie White by who has ever been in uniform to my cially veterans from Warner Robbins the Republican caucus, to vote on the brothers and sisters. We all came to Air Force Base, Fort Stewart near Sa- nominations of Judge Paez, Marshal these hollowed chambers through dis- vannah, the naval air station in At- Berzon, Judge Julio Fuentes, Judge tinguished routes, I got to Washington lanta and Moody Air Force Base in Ann Williams, Judge James Wynn, because of those who served in the Valdosta. Kathleen McGee Lewis and Enrique military and I work here, day in and I thank the Chair. Mr. GRASSLEY. I ask unanimous Moreno. day out, for them! consent the resolution and the pre- Nominees deserve to be treated with As we depart Washington, I ask that amble be agreed to en bloc, the motion dignity and dispatch—not delayed for 2 we reiterate our promise to our Sol- to reconsider be laid upon the table, and 3 and 4 years. I continue to urge diers, Sailors, Airmen, Marines, DoD and that any statements be printed in the Republican Senate leadership to civilians, and their families—that they the RECORD. proceed to vote on the nominations of will not be slighted, now or ever—that The PRESIDING OFFICER. Without Judge Richard Paez and Marsha we honor their service—that we honor objection, it is so ordered. Berzon. There was never a justification the service of those still missing, be- The resolution (S. Res. 224) was for the Republican majority to deny cause their plight is our plight. agreed to. these judicial nominees a fair up or We cannot remember our Veterans The preamble was agreed to. down vote. There is no excuse for their properly without remembering the sac- The resolution, with its preamble, continuing failure to do so. rifices of war—these are the issues that reads as follows: I know the Senate has done the right hit home. We remember those service S. RES. 224 thing and confirmed Judge Florence- members who have sacrificed for this Whereas approximately 39,000 members of Marie Cooper to the Central District of nation, and we pay special tribute to the Armed Forces and civilian employees of California and that she will be an out- their families. the United States were deployed at the peak standing judge. I will continue my ef- I ask through my resolution that we of the 1999 conflict in Kosovo; forts to bring to a vote the nomina- additionally pay special tribute this Whereas approximately 700 United States tions of Judge Richard Paez and Mar- Veteran’s Day to those service mem- aircraft were deployed and committed to sha Berzon. bers—active, guard, reserve, and civil- combat missions during that conflict; Whereas approximately 37,000 combat sor- f ians—who participated in the recently successful military operations—combat ties were flown by aircraft of the North At- LEGISLATIVE SESSION lantic Treaty Organization (NATO) during and humanitarian—in Kosovo and the that conflict; The PRESIDING OFFICER. Under entire Balkans area of operations. Whereas approximately 25,000 combat sor- the previous order, the Senate will re- Over 39,000 members of the Armed ties were flown by United States aircraft sume legislative session. Services deployed to the Balkans area during that conflict;

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.116 pfrm02 PsN: S10PT2 S14590 CONGRESSIONAL RECORD — SENATE November 10, 1999 Whereas more than 5,000 weapons strike Committee on Intelligence: Effective the ORDERS FOR FRIDAY, NOVEMBER missions were completed during that con- 2nd session of the 106th Congress, remove Mr. 12, 1999, AND TUESDAY, NOVEM- flict; DeWine, and Mr. Kerrey. BER 16, 1999 Whereas that conflict was the largest combat operation in the history of the North At- f Mr. GRASSLEY. I ask unanimous lantic Treaty Organization; consent when the Senate completes its Whereas the United States and the North business today, it stand in adjourn- Atlantic Treaty Organization achieved all REMOVAL OF INJUNCTION OF SE- ment until the hour of 10 a.m. on Fri- the military objectives of that conflict; CRECY—TREATY DOCUMENT NO. day, November 12, for a pro forma ses- Whereas there were no United States or 106–16 sion only. North Atlantic Treaty Organization combat fatalities during that conflict; and Mr. GRASSLEY. Mr. President, as in I further ask consent that the Senate Whereas that conflict was the most precise executive session, I ask unanimous immediately adjourn until 10 a.m., on air assault in history: Now, therefore, be it consent that the injunction of secrecy Tuesday, November 16, and imme- Resolved, That it is the Sense of the be removed from the following conven- diately following the prayer, the Jour- Senate— nal of proceedings be approved to date, (1) to designate November 11, 1999, as a spe- tion transmitted to the Senate on No- vember 10, 1999, by the President of the the morning hour be deemed expired, cial day for recognizing and welcoming home and the time for the two leaders be re- the members of the Armed Forces (including United States: Treaty with Ukraine on active component and reserve component Mutual Legal Assistance in Criminal served for their use later that day. personnel), and the civilian personnel of the Matters (Treaty Document No. 106–16). The PRESIDING OFFICER. Without United States, who participated in the re- objection, it is so ordered. I further ask that the convention be cently-completed operations in Kosovo and f the Balkans, including combat operations considered as having been read the first and humanitarian assistance operations; time; that it be referred, with accom- PROGRAM (2) to designate November 11, 1999, as a spe- panying papers, to the Committee on Mr. GRASSLEY. For the information cial day for remembering the members of the Foreign Relations and ordered to be of all Senators, the Senate will con- Armed Forces deployed in Kosovo and printed; and that the President’s mes- vene on Friday for a pro forma session throughout the world, and the families of sage be printed in the RECORD. such members; only. No business will be transacted on (3) to make the designations under para- The PRESIDING OFFICER. Without Friday. graphs (1) and (2) on November 11, 1999, in objection, it is so ordered. On Tuesday, the Senate will convene light of the traditional celebration and rec- The message of the President is as and begin processing the appropria- ognition of the veterans of the United States tions items and various conference re- on November 11 each year; follows: ports received from the House. (4) to acknowledge that the members of the To the Senate of the United States: Armed Forces who served in Kosovo and the On Wednesday morning, the Senate Balkans responded to the call to arms during With a view to receiving the advice will conduct a rollcall vote in relation a time of change in world history; and consent of the Senate to ratifica- to the agricultural amendment by Sen- (5) to recognize that we live in times of tion, I transmit herewith the Treaty ator WELLSTONE. Additional votes can international unrest and that the conflict in Between the United States of America be anticipated in an effort to complete Kosovo was a dangerous military operation, and Ukraine on Mutual Legal Assist- the first session of the 106th Congress. as all combat operations are; and ance in Criminal Matters with Annex, Therefore, Senators should adjust their (6) to acknowledge that the United States signed at Kiev on July 22, 1998. I trans- owes a debt of gratitude to the members of schedules for the possibility of votes the Armed Forces who served in the conflict mit also, for the information of the throughout the day and into the in Kosovo, to their families, and to all the Senate, an exchange of notes which evening on Wednesday. members of the Armed Forces who place was signed on September 30, 1999, I appreciate the patience and co- themselves in harm’s way each and every which provides for its provisional ap- operation of our colleagues as we at- day. plication, as well as the report of the tempt to complete the appropriations f Department of State with respect to process and end the first session of the APPOINTMENT TO INTELLIGENCE the Treaty. 106th Congress. COMMITTEE The Treaty is one of a series of mod- Mr. LEAHY. If the Senator will yield ern mutual legal assistance treaties for a moment? Mr. GRASSLEY. I ask unanimous The PRESIDING OFFICER. The Sen- consent that the Senate now proceed to being negotiated by the United States in order to counter criminal activities ator from Vermont. the immediate consideration of S. Res. Mr. LEAHY. Mr. President, I com- 232, submitted earlier by Senators more effectively. The Treaty should be an effective tool to assist in the pros- mend the distinguished acting major- LOTT and DASCHLE. ity leader for the number of nomina- The PRESIDING OFFICER. The ecution of a wide variety of crimes, including drug trafficking offenses. The tions that have been cleared. I hope my clerk will report the resolution by side of the aisle will work with the ma- title. Treaty is self-executing. It provides for a broad range of cooperation in crimi- jority leader to clear some more before The legislative clerk read as follows: we go out, especially among the judges. A resolution (S. Res. 232) making changes nal matters. Mutual assistance available under the Treaty includes: taking We have a number that have been pend- to Senate Committees for the 106th Con- ing and are noncontroversial and gress. of testimony or statements of persons; should be cleared. There being no objection, the Senate providing documents, records, and articles of evidence; serving documents; lo- I also hope that on Wednesday we proceeded to consider the resolution. will go to the conference report on the Mr. GRASSLEY. I ask unanimous cating or identifying persons; transfer- ring persons in custody for testimony satellite bill. It passed the House, I consent that the resolution be agreed think, 411–8, which shows the enormous to and the motion to reconsider be laid or other purposes; executing requests for searches and seizures; assisting in support it has. I hope we get it out of upon the table. here; otherwise, we run the risk of hun- The PRESIDING OFFICER. Without proceedings related to restraint, confis- dreds of thousands of satellite dishes objection, it is so ordered. cation, forfeiture of assets, restitution, and TV sets around this country going The resolution (S. Res. 232) was and collection of fines; and any other black on a number of their channels on agreed to, as follows: form of assistance not prohibited by the laws of the requested state. December 31. This has enormous impor- S. RES. 232 tance. Resolved, That notwithstanding the provi- I recommend that the Senate give As I said, the House passed it 411–8. sions of S. Res. 400 of the 95th Congress, or early and favorable consideration to They are showing more unanimity the provisions of rule XXV, the following the Treaty and give its advice and con- than on just about anything they have changes shall be effective on those Senate sent to ratification. committees listed below for the 106th Con- done this year. We passed it, I believe, WILLIAM J. CLINTON. gress, or until their successors are ap- unanimously. That, and the attendant pointed: THE WHITE HOUSE, November 10, 1999. Hatch-Leahy patent bill—which I think

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A10NO6.077 pfrm02 PsN: S10PT2 November 10, 1999 CONGRESSIONAL RECORD — SENATE S14591 is extremely important—I hope we get TION FOR NATIONAL AND COMMUNITY SERVICE FOR A EXPORT-IMPORT BANK OF THE UNITED STATES TERM EXPIRING JUNE 10, 2004, VICE ROBERT B. ROGERS, through before we go out. TERM EXPIRED. DORIAN VANESSA WEAVER, OF ARKANSAS, TO BE A I mention that, but I also did want to MEMBER OF THE BOARD OF DIRECTORS OF THE EXPORT- OVERSEAS PRIVATE INVESTMENT CORPORATION IMPORT BANK OF THE UNITED STATES FOR A TERM EX- commend the Senator from Iowa, both GARY A. BARRON, OF FLORIDA, TO BE A MEMBER OF PIRING JANUARY 20, 2003. in his capacity as the Senator from THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE DAN HERMAN RENBERG, OF MARYLAND, TO BE A MEM- INVESTMENT CORPORATION FOR A TERM EXPIRING DE- BER OF THE BOARD OF DIRECTORS OF THE EXPORT-IM- Iowa and in his capacity as acting lead- CEMBER 17, 2002, VICE MARK ERWIN. PORT BANK OF THE UNITED STATES FOR A TERM EXPIR- ING JANUARY 20, 2003. er, for the number of nominations that DEPARTMENT OF STATE have gone through. I hope my side of MISSISSIPPI RIVER COMMISSION ALAN PHILLIP LARSON, OF IOWA, TO BE UNITED the aisle will be as diligent in clearing STATES ALTERNATE GOVERNOR OF THE INTER- MAJOR GENERAL PHILLIP R. ANDERSON, UNITED the rest. NATIONAL BANK FOR RECONSTRUCTION AND DEVELOP- STATES ARMY, TO BE A MEMBER AND PRESIDENT OF MENT FOR A TERM OF FIVE YEARS; UNITED STATES AL- THE MISSISSIPPI RIVER COMMISSION, UNDER THE PRO- Mr. GRASSLEY. Mr. President, in re- TERNATE GOVERNOR OF THE INTER-AMERICAN DEVEL- VISIONS OF SECTION 2 OF AN ACT OF CONGRESS, AP- sponse to what the Senator from OPMENT BANK FOR A TERM OF FIVE YEARS; UNITED PROVED JUNE 1879 (21 STAT. 37) (33 USC 642). STATES ALTERNATE GOVERNOR OF THE AFRICAN DE- SAM EPSTEIN ANGEL, OF ARKANSAS, TO BE A MEMBER Vermont said, obviously I am in no po- VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED OF THE MISSISSIPPI RIVER COMMISSION FOR A TERM OF sition to speak for our majority leader STATES ALTERNATE GOVERNOR OF THE AFRICAN DE- NINE YEARS. VELOPMENT FUND; UNITED STATES ALTERNATE GOV- BRIGADIER GENERAL ROBERT H. GRIFFIN, UNITED or assistant majority leader on some of ERNOR OF THE ASIAN DEVELOPMENT BANK; AND UNITED STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI the things he said. But I do share his STATES ALTERNATE GOVERNOR OF THE EUROPEAN RIVER COMMISSION, UNDER THE PROVISIONS OF SEC- BANK FOR RECONSTRUCTION AND DEVELOPMENT, VICE TION 2 OF AN ACT OF CONGRESS, APPROVED JUNE 1879 (21 view, especially coming from a rural STUART E. EIZENSTAT. STAT. 37) (33 USC 642). State, as the Senator from Vermont UNITED STATES INTERNATIONAL TRADE FEDERAL TRADE COMMISSION does, that there is very much benefit COMMISSION THOMAS B. LEARY, OF THE DISTRICT OF COLUMBIA, TO BE A FEDERAL TRADE COMMISSIONER FOR THE TERM OF for our rural constituents in that sat- DEANNA TANNER OKUN, OF IDAHO, TO BE A MEMBER SEVEN YEARS FROM SEPTEMBER 26, 1998. ellite viewers legislation. I, too, would OF THE UNITED STATES INTERNATIONAL TRADE COM- MISSION FOR A TERM EXPIRING JUNE 16, 2008, VICE DEPARTMENT OF TRANSPORTATION like to see it pass. CAROL T. CRAWFORD, TERM EXPIRED. I can say again, not for the leader STEPHEN D. VAN BEEK, OF THE DISTRICT OF COLUM- DEPARTMENT OF VETERANS AFFAIRS but for myself, I have observed a lot of BIA, TO BE ASSOCIATE DEPUTY SECRETARY OF TRANS- ROBERT M. WALKER, OF WEST VIRGINIA, TO BE UNDER PORTATION. contact between important Senators SECRETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- MICHAEL J. FRAZIER, OF MARYLAND, TO BE AN AS- around here on that issue. There is a FAIRS. (NEW POSITION) SISTANT SECRETARY OF TRANSPORTATION. real effort being made to find a solu- CORPORATION FOR PUBLIC BROADCASTING DEPARTMENT OF COMMERCE tion so that can be passed so on Decem- ERNEST J. WILSON III, OF MARYLAND, TO BE A MEM- GREGORY ROHDE, OF NORTH DAKOTA, TO BE ASSIST- ber 31 what you said would happen, and BER OF THE BOARD OF DIRECTORS OF THE CORPORA- ANT SECRETARY OF COMMERCE FOR COMMUNICATIONS TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING AND INFORMATION. what would actually happen if the bill JANUARY 31, 2004, VICE ALAN SAGNER, RESIGNED. SURFACE TRANSPORTATION BOARD does not pass will not in fact happen. DEPARTMENT OF TRANSPORTATION LINDA JOAN MORGAN, OF MARYLAND, TO BE A MEM- Mr. President, I suggest the absence MONTE R. BELGER, OF VIRGINIA, TO BE DEPUTY AD- BER OF THE SURFACE TRANSPORTATION BOARD FOR A of a quorum. MINISTRATOR OF THE FEDERAL AVIATION ADMINISTRA- TERM EXPIRING DECEMBER 31, 2003. (REAPPOINTMENT) TION, VICE LINDA HALL DASCHLE. DEPARTMENT OF AGRICULTURE The PRESIDING OFFICER. The MORRIS K. UDALL SCHOLARSHIP & EXCELLENCE IN NA- clerk will call the roll. TIONAL ENVIRONMENTAL POLICY FOUNDATION PAUL W. FIDDICK, OF TEXAS, TO BE AN ASSISTANT ERIC D. EBERHARD, OF WASHINGTON, TO BE A MEMBER SECRETARY OF AGRICULTURE. The legislative clerk proceeded to OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL call the roll. SCHOLARSHIP & EXCELLENCE IN NATIONAL ENVIRON- CHEMICAL SAFETY AND HAZARD INVESTIGATION MENTAL POLICY FOUNDATION FOR A TERM EXPIRING BOARD Mr. GRASSLEY. Mr. President, I ask OCTOBER 6, 2002, VICE RONALD KENT BURTON, TERM EX- unanimous consent that the order for PIRED. GERALD V. POJE, OF VIRGINIA, TO BE A MEMBER OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION the quorum call be rescinded. DEPARTMENT OF STATE BOARD FOR A TERM OF FIVE YEARS. The PRESIDING OFFICER. Without LUIS J. LAUREDO, OF FLORIDA, TO BE PERMANENT TENNESSEE VALLEY AUTHORITY objection, it is so ordered. REPRESENTATIVE OF THE UNITED STATES TO THE OR- GANIZATION OF AMERICAN STATES, WITH THE RANK OF SKILA HARRIS, OF KENTUCKY, TO BE A MEMBER OF f AMBASSADOR, VICE VICTOR MARRERO. THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2008. ADJOURNMENT UNTIL 10 A.M., FEDERAL LABOR RELATIONS AUTHORITY GLENN L. MCCULLOUGH, JR., OF MISSISSIPPI, TO BE A FRIDAY, NOVEMBER 12, 1999 CAROL WALLER POPE, OF THE DISTRICT OF COLUMBIA, MEMBER OF THE BOARD OF DIRECTORS OF THE TEN- TO BE A MEMBER OF THE FEDERAL LABOR RELATIONS NESSEE VALLEY AUTHORITY FOR THE REMAINDER OF Mr. GRASSLEY. Mr. President, if AUTHORITY FOR A TERM EXPIRING JULY 1, 2004, VICE THE TERM EXPIRING MAY 18, 2005. there is no further business to come be- PHYLLIS NICHAMOFF SEGAL, TERM EXPIRED. FEDERAL MEDIATION AND CONCILIATION fore the Senate, I now ask unanimous NATIONAL COMMISSION ON LIBRARIES AND DIRECTOR INFORMATION SCIENCE consent that the Senate stand in ad- CHARLES RICHARD BARNES, OF GEORGIA, TO BE FED- journment under the previous order. JOAN R. CHALLINOR, OF THE DISTRICT OF COLUMBIA, ERAL MEDIATION AND CONCILIATION DIRECTOR. TO BE A MEMBER OF THE NATIONAL COMMISSION ON LI- DEPARTMENT OF EDUCATION There being no objection, the Senate, BRARIES AND INFORMATION SCIENCE FOR A TERM EX- at 7:56 p.m., adjourned until Friday, PIRING JULY 19, 2004. (REAPPOINTMENT) A. LEE FRITSCHLER, OF PENNSYLVANIA, TO BE AS- SISTANT SECRETARY FOR POSTSECONDARY EDUCATION, EXECUTIVE OFFICE OF THE PRESIDENT November 12, 1999, at 10 a.m. DEPARTMENT OF EDUCATION. DONALD RAY VEREEN, JR., OF THE DISTRICT OF CO- f NATIONAL FOUNDATION ON THE ARTS AND THE LUMBIA, TO BE DEPUTY DIRECTOR OF NATIONAL DRUG NOMINATIONS CONTROL POLICY. (NEW POSITION) HUMANITIES f LINDA LEE AAKER, OF TEXAS, TO BE A MEMBER OF Executive nominations received by THE NATIONAL COUNCIL ON THE HUMANITIES FOR A the Senate November 10, 1999: TERM EXPIRING JANUARY 26, 2004. CONFIRMATIONS EDWARD L. AYERS, OF VIRGINIA, TO BE A MEMBER OF DEPARTMENT OF EDUCATION THE NATIONAL COUNCIL ON THE HUMANITIES FOR A Executive nominations confirmed by TERM EXPIRING JANUARY 26, 2004. FRANK S. HOLLEMAN, OF SOUTH CAROLINA, TO BE DEP- the Senate November 10, 1999: PEDRO G. CASTILLO, OF CALIFORNIA, TO BE A MEMBER UTY SECRETARY OF EDUCATION, VICE MADELEINE OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A KUNIN. DEPARTMENT OF LABOR TERM EXPIRING JANUARY 26, 2004. NATIONAL MEDIATION BOARD PEGGY WHITMAN PRENSHAW, OF LOUISIANA, TO BE A KENNETH M. BRESNAHAN, OF VIRGINIA, TO BE CHIEF MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- MAGDALENA G. JACOBSEN, OF OREGON, TO BE A MEM- FINANCIAL OFFICER, DEPARTMENT OF LABOR. ITIES FOR A TERM EXPIRING JANUARY 26, 2002. BER OF THE NATIONAL MEDIATION BOARD FOR A TERM DEPARTMENT OF COMMERCE THEODORE WILLIAM STRIGGLES, OF NEW YORK, TO BE EXPIRING JULY 1, 2002. (REAPPOINTMENT) A MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- FRANCIS J. DUGGAN, OF VIRGINIA, TO BE A MEMBER OF CHERYL SHAVERS, OF CALIFORNIA, TO BE UNDER SEC- ITIES FOR A TERM EXPIRING JANUARY 26, 2004. THE NATIONAL MEDIATION BOARD FOR A TERM EXPIR- RETARY OF COMMERCE FOR TECHNOLOGY. IRA BERLIN, OF THE DISTRICT OF COLUMBIA, TO BE A ING JULY 1, 2000, VICE KENNETH BYRON HIPP, TERM EX- KELLY H. CARNES, OF THE DISTRICT OF COLUMBIA, TO MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- PIRED. BE ASSISTANT SECRETARY OF COMMERCE FOR TECH- ITIES FOR A TERM EXPIRING JANUARY 26, 2004. ERNEST W. DUBESTER, OF NEW JERSEY, TO BE A MEM- NOLOGY POLICY. EVELYN EDSON, OF VIRGINIA, TO BE A MEMBER OF THE BER OF THE NATIONAL MEDIATION BOARD FOR A TERM NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JULY 1, 2001. (REAPPOINTMENT) INTER-AMERICAN DEVELOPMENT BANK EXPIRING JANUARY 26, 2004. CORPORATION FOR NATIONAL AND COMMUNITY LAWRENCE HARRINGTON, OF TENNESSEE, TO BE DEPARTMENT OF EDUCATION UNITED STATES EXECUTIVE DIRECTOR OF THE INTER- SERVICE AMERICAN DEVELOPMENT BANK FOR A TERM OF THREE MICHAEL COHEN, OF MARYLAND, TO BE ASSISTANT LESLIE LENKOWSKY, OF INDIANA, TO BE A MEMBER OF YEARS. SECRETARY FOR ELEMENTARY AND SECONDARY EDU- CATION, DEPARTMENT OF EDUCATION. THE BOARD OF DIRECTORS OF THE CORPORATION FOR DEPARTMENT OF LABOR NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- POSTAL SERVICE PIRING FEBRUARY 8, 2004, VICE ELI J. SEGAL, TERM EX- EDWARD B. MONTGOMERY, OF MARYLAND, TO BE AN PIRED. ASSISTANT SECRETARY OF LABOR. JOHN F. WALSH, OF CONNECTICUT, TO BE A GOVERNOR JUANITA SIMS DOTY, OF MISSISSIPPI, TO BE A MEM- RICHARD M. MC GAHEY, OF THE DISTRICT OF COLUM- OF THE UNITED STATES POSTAL SERVICE FOR A TERM BER OF THE BOARD OF DIRECTORS OF THE CORPORA- BIA, TO BE AN ASSISTANT SECRETARY OF LABOR. EXPIRING DECEMBER 8, 2006.

VerDate 29-OCT-99 00:02 Nov 12, 1999 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 9801 E:\CR\FM\G10NO6.191 pfrm02 PsN: S10PT2 S14592 CONGRESSIONAL RECORD — SENATE November 10, 1999

UNITED STATES POSTAL SERVICE UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- DIANA E. MURPHY, OF MINNESOTA, TO BE A MEMBER MENT FUND; UNITED STATES GOVERNOR OF THE EURO- OF THE UNITED STATES SENTENCING COMMISSION FOR LEGREE SYLVIA DANIELS, OF PENNSYLVANIA, TO BE A PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. THE REMAINDER OF THE TERM EXPIRING OCTOBER 31, GOVERNOR OF THE UNITED STATES POSTAL SERVICE JAMES B. CUNNINGHAM, OF PENNSYLVANIA, A CAREER 1999. FOR A TERM EXPIRING DECEMBER 8, 2007. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DIANA E. MURPHY, OF MINNESOTA, TO BE A MEMBER MINISTER-COUNSELOR, TO BE DEPUTY REPRESENTA- EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES SENTENCING COMMISSION FOR TIVE OF THE UNITED STATES OF AMERICA TO THE A TERM EXPIRING OCTOBER 31, 2005. (REAPPOINTMENT) JOSHUA GOTBAUM, OF NEW YORK, TO BE CONTROLLER, UNITED NATIONS, WITH THE RANK AND STATUS OF AM- DIANA E. MURPHY, OF MINNESOTA, TO BE CHAIR OF OFFICE OF FEDERAL FINANCIAL MANAGEMENT, OFFICE BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY. THE UNITED STATES SENTENCING COMMISSION. OF MANAGEMENT AND BUDGET. NORMAN A. WULF, OF VIRGINIA, A CAREER MEMBER OF STERLING R. JOHNSON, JR., OF NEW YORK, TO BE A THE SENIOR EXECUTIVE SERVICE, TO BE A SPECIAL REP- MEMBER OF THE UNITED STATES SENTENCING COMMIS- SOCIAL SECURITY ADMINISTRATION RESENTATIVE OF THE PRESIDENT, WITH THE RANK OF SION FOR A TERM EXPIRING OCTOBER 31, 2001. AMBASSADOR. JAMES G. HUSE, JR., OF MARYLAND, TO BE INSPECTOR WILLIAM SESSIONS III, OF VERMONT, TO BE A MEMBER GENERAL, SOCIAL SECURITY ADMINISTRATION. AFRICAN DEVELOPMENT BANK OF THE UNITED STATES SENTENCING COMMISSION FOR A TERM EXPIRING OCTOBER 31, 2003. DEPARTMENT OF STATE WILLENE A. JOHNSON, OF NEW YORK, TO BE UNITED STATES DIRECTOR OF THE AFRICAN DEVELOPMENT DEPARTMENT OF JUSTICE DAVID H. KAEUPER, OF THE DISTRICT OF COLUMBIA, A BANK FOR A TERM OF FIVE YEARS. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, PAUL L. SEAVE, OF CALIFORNIA, TO BE UNITED CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- DEPARTMENT OF STATE STATES ATTORNEY FOR THE EASTERN DISTRICT OF DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CALIFORNIA FOR A TERM OF FOUR YEARS. OF AMERICA TO THE REPUBLIC OF CONGO. EDWARD S. WALKER, JR., OF MARYLAND, A CAREER JOHN W. MARSHALL, OF VIRGINIA, TO BE DIRECTOR OF JAMES B. CUNNINGHAM, OF PENNSYLVANIA, TO BE A MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE UNITED STATES MARSHALS SERVICE. REPRESENTATIVE OF THE UNITED STATES OF AMERICA CAREER MINISTER, TO BE AN ASSISTANT SECRETARY OF TO THE SESSIONS OF THE GENERAL ASSEMBLY OF THE STATE (NEAR EASTERN AFFAIRS). DEPARTMENT OF COMMERCE UNITED NATIONS DURING HIS TENURE OF SERVICE AS JAMES D. BINDENAGEL, OF CALIFORNIA, A CAREER Q. TODD DICKINSON, OF PENNSYLVANIA, TO BE COM- DEPUTY REPRESENTATIVE OF THE UNITED STATES OF MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MISSIONER OF PATENTS AND TRADEMARKS. AMERICA TO THE UNITED NATIONS. MINISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR ANNE H. CHASSER, OF OHIO, TO BE AN ASSISTANT COM- JOHN E. LANGE, OF WISCONSIN, A CAREER MEMBER OF DURING TENURE OF SERVICE AS SPECIAL ENVOY AND MISSIONER OF PATENTS AND TRADEMARKS. THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, REPRESENTATIVE OF THE SECRETARY OF STATE FOR HOLOCAUST ISSUES. TO BE AMBASSADOR EXTRAORDINARY AND PLENI- DEPARTMENT OF THE JUSTICE POTENTIARY OF THE UNITED STATES OF AMERICA TO WILLIAM B. BADER, OF VIRGINIA, TO BE AN ASSISTANT THE REPUBLIC OF BOTSWANA. SECRETARY OF STATE (EDUCATIONAL AND CULTURAL KATHRYN M. TURMAN, OF VIRGINIA, TO BE DIRECTOR AFFAIRS). DELANO EUGENE LEWIS, SR., OF NEW MEXICO, TO BE OF THE OFFICE FOR VICTIMS OF CRIME. AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY PETER T. KING, OF NEW YORK, TO BE A REPRESENTA- OF THE UNITED STATES OF AMERICA TO THE REPUBLIC TIVE OF THE UNITED STATES OF AMERICA TO THE DEPARTMENT OF JUSTICE OF SOUTH AFRICA. FIFTY-FOURTH SESSION OF THE GENERAL ASSEMBLY OF MELVIN W. KAHLE, OF WEST VIRGINIA, TO BE UNITED AVIS THAYER BOHLEN, OF THE DISTRICT OF COLUM- THE UNITED NATIONS. STATES ATTORNEY FOR THE NORTHERN DISTRICT OF BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- J. STAPLETON ROY, OF PENNSYLVANIA, A CAREER WEST VIRGINIA FOR A TERM OF FOUR YEARS. ICE, CLASS OF MINISTER-COUNSELOR, TO BE AN ASSIST- MEMBER OF THE SENIOR FOREIGN SERVICE WITH THE PERSONAL RANK OF CAREER AMBASSADOR, TO BE AN ANT SECRETARY OF STATE (ARMS CONTROL). THE JUDICIARY DONALD STUART HAYS, OF VIRGINIA, A CAREER MEM- ASSISTANT SECRETARY OF STATE (INTELLIGENCE AND BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- RESEARCH). ANN CLAIRE WILLIAMS, OF ILLINOIS, TO BE UNITED ISTER-COUNSELOR, TO BE REPRESENTATIVE OF THE SOCIAL SECURITY ADMINISTRATION STATES CIRCUIT JUDGE FOR THE SEVENTH CIRCUIT. UNITED STATES OF AMERICA TO THE UNITED NATIONS VIRGINIA A. PHILLIPS, OF CALIFORNIA, TO BE UNITED FOR U.N. MANAGEMENT AND REFORM, WITH THE RANK WILLIAM A. HALTER, OF ARKANSAS, TO BE DEPUTY STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF AMBASSADOR. COMMISSIONER OF SOCIAL SECURITY FOR THE TERM EX- OF CALIFORNIA. DONALD STUART HAYS, OF VIRGINIA, TO BE AN ALTER- PIRING JANUARY 19, 2001. FAITH S. HOCHBERG, OF NEW JERSEY, TO BE UNITED NATE REPRESENTATIVE OF THE UNITED STATES OF DEPARTMENT OF THE TREASURY STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY JERSEY. OF THE UNITED NATIONS DURING HIS TENURE OF SERV- GREGORY A. BAER, OF VIRGINIA, TO BE AN ASSISTANT ICE AS REPRESENTATIVE OF THE UNITED STATES OF SECRETARY OF THE TREASURY. DEPARTMENT OF JUSTICE AMERICA TO THE UNITED NATIONS FOR UN MANAGE- INTER-AMERICAN FOUNDATION DANIEL J. FRENCH, OF NEW YORK, TO BE UNITED MENT AND REFORM. STATES ATTORNEY FOR THE NORTHERN DISTRICT OF MICHAEL EDWARD RANNEBERGER, OF VIRGINIA, A CA- KAY KELLEY ARNOLD, OF ARKANSAS, TO BE A MEM- NEW YORK FOR THE TERM OF FOUR YEARS. REER MEMBER OF THE SENIOR FOREIGN SERVICE, BER OF THE BOARD OF DIRECTORS OF THE INTER-AMER- DONNA A. BUCELLA, OF FLORIDA, TO BE UNITED CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- ICAN FOUNDATION FOR A TERM EXPIRING OCTOBER 6, STATES ATTORNEY FOR THE MIDDLE DISTRICT OF FLOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES 2004. IDA FOR THE TERM OF FOUR YEARS. OF AMERICA TO THE REPUBLIC OF MALI. HARRIET L. ELAM, OF MASSACHUSETTS, A CAREER DEPARTMENT OF STATE IN THE NAVY MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF IRWIN BELK, OF NORTH CAROLINA, TO BE AN ALTER- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- NATE REPRESENTATIVE OF THE UNITED STATES OF IN THE UNITED STATES NAVY TO THE GRADE INDICATED DINARY AND PLENIPOTENTIARY OF THE UNITED STATES AMERICA TO THE FIFTY-FOURTH SESSION OF THE GEN- UNDER TITLE 10, U.S.C., SECTION 624: OF AMERICA TO THE REPUBLIC OF SENEGAL. ERAL ASSEMBLY OF THE UNITED NATIONS. GREGORY LEE JOHNSON, OF WASHINGTON, A CAREER REVIUS O. ORTIQUE, JR., OF LOUISIANA, TO BE AN AL- To be rear admiral MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF TERNATE REPRESENTATIVE OF THE UNITED STATES OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- AMERICA TO THE FIFTY-FOURTH SESSION OF THE GEN- REAR ADM. (LH) KEVIN P. GREEN, 6805. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ERAL ASSEMBLY OF THE UNITED NATIONS. OF AMERICA TO THE KINGDOM OF SWAZILAND. CAROL MOSELEY-BRAUN, OF ILLINOIS, TO BE AMBAS- IN THE ARMY JIMMY J. KOLKER, OF MISSOURI, A CAREER MEMBER SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ARMY NOMINATIONS BEGINNING ALAN G. LACKEY, AND THE UNITED STATES OF AMERICA TO NEW ZEALAND. ENDING RITA A. PRICE, WHICH NOMINATIONS WERE RE- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CAROL MOSELEY-BRAUN, OF ILLINOIS, TO SERVE CON- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CEIVED BY THE SENATE AND APPEARED IN THE CON- CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION GRESSIONAL RECORD ON NOVEMBER 3, 1999. TO BURKINA FASO. AS AMBASSADOR EXTRAORDINARY AND PLENI- JOSEPH W. PRUEHER, OF TENNESSEE, TO BE AMBAS- POTENTIARY OF THE UNITED STATES OF AMERICA TO FOREIGN SERVICE SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF SAMOA. THE UNITED STATES OF AMERICA TO THE PEOPLE’S RE- FOREIGN SERVICE NOMINATIONS BEGINNING SAMUEL PUBLIC OF CHINA. FEDERAL MARITIME COMMISSION ANTHONY RUBINO, AND ENDING CHRISTOPHER LEE MARY CARLIN YATES, OF WASHINGTON, A CAREER STILLMAN, WHICH NOMINATIONS WERE RECEIVED BY JOSEPH E. BRENNAN, OF MAINE, TO BE A FEDERAL MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE SENATE AND APPEARED IN THE CONGRESSIONAL MARITIME COMMISSIONER FOR THE TERM EXPIRING COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND RECORD ON FEBRUARY 23, 1999. JUNE 30, 2003. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA FOREIGN SERVICE NOMINATIONS BEGINNING GEORGE ANTONY M. MERCK, OF SOUTH CAROLINA, TO BE A FED- TO THE REPUBLIC OF BURUNDI. CARNER, AND ENDING STEVEN G. WISECARVER, WHICH ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- CHARLES TAYLOR MANATT, OF THE DISTRICT OF CO- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ING JUNE 30, 2001. LUMBIA, TO BE AMBASSADOR EXTRAORDINARY AND PEARED IN THE CONGRESSIONAL RECORD ON SEP- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TEMBER 8, 1999. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- TO THE DOMINICAN REPUBLIC. FOREIGN SERVICE NOMINATIONS BEGINNING JOHNNIE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY GARY L. ACKERMAN, OF NEW YORK, TO BE A REP- CARSON, AND ENDING SUSAN H. SWART, WHICH NOMINA- CONSTITUTED COMMITTEE OF THE SENATE. RESENTATIVE OF THE UNITED STATES OF AMERICA TO TIONS WERE RECEIVED BY THE SENATE AND APPEARED FIFTY-FOURTH SESSION OF THE GENERAL ASSEMBLY OF THE JUDICIARY IN THE CONGRESSIONAL RECORD ON SEPTEMBER 8, 1999. THE UNITED NATIONS. FOREIGN SERVICE NOMINATIONS BEGINNING RUEBEN MARTIN S. INDYK, OF THE DISTRICT OF COLUMBIA, TO FLORENCE-MARIE COOPER, OF CALIFORNIA, TO BE MICHAEL RAFFERTY, AND ENDING STEPHEN R. KELLY, BE AMBASSADOR EXTRAORDINARY AND PLENI- UNITED STATES DISTRICT JUDGE FOR THE CENTRAL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE POTENTIARY OF THE UNITED STATES OF AMERICA TO DISTRICT OF CALIFORNIA. AND APPEARED IN THE CONGRESSIONAL RECORD ON ISRAEL. WILLIAM JOSEPH HAYNES, JR., OF TENNESSEE, TO BE SEPTEMBER 8, 1999. ANTHONY STEPHEN HARRINGTON, OF MARYLAND, TO UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- FOREIGN SERVICE NOMINATIONS BEGINNING C. MIL- BE AMBASSADOR EXTRAORDINARY AND PLENI- TRICT OF TENNESSEE. LER CROUCH, AND ENDING GARY B. PERGL, WHICH NOMI- POTENTIARY OF THE UNITED STATES OF AMERICA TO RONALD A. GUZMAN, OF ILLINOIS, TO BE UNITED NATIONS WERE RECEIVED BY THE SENATE AND AP- THE FEDERATIVE REPUBLIC OF BRAZIL. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT PEARED IN THE CONGRESSIONAL RECORD ON SEP- CRAIG GORDON DUNKERLEY, OF MASSACHUSETTS, A OF ILLINOIS. TEMBER 9, 1999. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, UNITED STATES SENTENCING COMMISSION FOREIGN SERVICE NOMINATIONS BEGINNING RITA D. CLASS OF MINISTER-COUNSELOR, FOR THE RANK OF AM- JENNINGS, AND ENDING CAROL LYNN DORSEY, WHICH BASSADOR DURING HIS TENURE OF SERVICE AS SPECIAL MICHAEL O’NEILL, OF MARYLAND, TO BE A MEMBER OF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ENVOY FOR CONVENTIONAL FORCES IN EUROPE. THE UNITED STATES SENTENCING COMMISSION FOR A PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER ROBERT J. EINHORN, OF THE DISTRICT OF COLUMBIA, TERM EXPIRING OCTOBER 31, 2003. 3, 1999. TO BE AN ASSISTANT SECRETARY OF STATE (NON-PRO- JOE KENDALL, OF TEXAS, TO BE A MEMBER OF THE LIFERATION). (NEW POSITION) UNITED STATES SENTENCING COMMISSION FOR A TERM IN THE MARINE CORPS LAWRENCE H. SUMMERS, OF MARYLAND, TO BE EXPIRING OCTOBER 31, 2001. MARINE CORPS NOMINATION OF KARL G. UNITED STATES GOVERNOR OF THE INTERNATIONAL JOHN R. STEER, OF VIRGINIA, TO BE A MEMBER OF THE HARTENSTINE. MONETARY FUND FOR A TERM OF FIVE YEARS; UNITED UNITED STATES SENTENCING COMMISSION FOR THE RE- STATES GOVERNOR OF THE INTERNATIONAL BANK FOR MAINDER OF THE TERM EXPIRING OCTOBER 31, 1999. IN THE NAVY RECONSTRUCTION AND DEVELOPMENT FOR A TERM OF JOHN R. STEER, OF VIRGINIA, TO BE A MEMBER OF THE FIVE YEARS; UNITED STATES GOVERNOR OF THE INTER- UNITED STATES SENTENCING COMMISSION FOR A TERM NAVY NOMINATIONS BEGINNING LYNNE M. HICKS, AND AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE EXPIRING OCTOBER 31, 2005. ENDING WILLIAM D. WATSON, WHICH NOMINATIONS YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- RUBEN CASTILLO, OF ILLINOIS, TO BE A MEMBER OF WERE RECEIVED BY THE SENATE AND APPEARED IN THE VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED THE UNITED STATES SENTENCING COMMISSION FOR A CONGRESSIONAL RECORD ON NOVEMBER 3, 1999. STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; TERM EXPIRING OCTOBER 31, 2003. NAVY NOMINATION OF JOHN R. DALY, JR.

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